[Federal Register Volume 64, Number 85 (Tuesday, May 4, 1999)]
[Rules and Regulations]
[Pages 23906-23976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9062]
[[Page 23905]]
_______________________________________________________________________
Part II
Environmental Protection Agency
_______________________________________________________________________
40 CFR Part 9 et al.
Control of Air Pollution From New Motor Vehicles; Compliance Programs
for New Light-Duty Vehicles and Light-Duty Trucks; Final Rule
Federal Register / Vol. 64, No. 85 / Tuesday, May 4, 1999 / Rules and
Regulations
[[Page 23906]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 9, 85, 86, 88 and 600
[FRL-6312-9]
RIN 2060-AH05
Control of Air Pollution From New Motor Vehicles; Compliance
Programs for New Light-Duty Vehicles and Light-Duty Trucks
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (referred to hereafter as
``EPA'' or ``the Agency'') proposed a new compliance assurance program
(referred to as ``CAP 2000'') on July 23, 1998. This action adopts
revised emissions compliance procedures for new light-duty vehicles and
light-duty trucks contained in the NPRM. CAP 2000 simplifies and
streamlines the current procedures manufacturers must follow to obtain
pre-production emission certification of new motor vehicles. The new
certification program provides the same environmental benefits as the
current procedures while significantly reducing the certification cost
for manufacturers, and giving manufacturers more control of production
timing. EPA is also adopting a requirement that manufacturers test in-
use motor vehicles to monitor compliance with emission standards.
Manufacturers will test samples of in-use vehicles when they are
approximately one and four years old. These test data will be used to
improve the process which predicts in-use compliance and will determine
the need for further action by the Agency or the manufacturer to
address any in-use emission compliance problems. CAP 2000 will be
implemented beginning with model year (MY) 2001 vehicles. Manufacturers
are allowed to voluntarily opt-in to the CAP 2000 procedures beginning
with the 2000 model year. EPA estimates that overall, manufacturers
will save about $55 million dollars a year as a result of today's final
rule.
DATES: This rule is effective May 4, 1999. The information collection
requirements contained in 40 CFR part 86, as listed in 40 CFR part 9,
have been approved by OMB and are effective May 4, 1999. The
incorporation of certain publications listed in the regulations is
approved by the Director of the Federal Register as of May 4, 1999.
ADDRESSES: Materials relevant to this final rule are contained in EPA
Air & Radiation Docket number A-96-50, located at Room M-1500,
Waterside Mall, 401 M Street, SW, Washington, DC 20460. The docket may
be viewed at this location between 8:00 a.m. and 5:30 p.m., Monday
through Friday. The telephone number is (202) 260-7548 and the
facsimile number is (202) 260-4400. A reasonable fee may be charged by
EPA for copying docket material.
FOR FURTHER INFORMATION CONTACT: Linda Hormes, Vehicle Programs and
Compliance Division, US EPA, 2000 Traverwood, Ann Arbor, Michigan
48105, telephone (734) 214-4502, E-mail: [email protected].
SUPPLEMENTARY INFORMATION:
Regulated Entities
Entities potentially regulated by this action are those which
manufacture and sell motor vehicles in the United States. Regulated
categories and entities include:
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Category Examples of regulated entities
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Industry............................ New motor vehicle manufacturers.
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This table is not intended to be exhaustive but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities the EPA is now aware
could potentially be regulated by this action. Other types of entities
not listed in the table could also be regulated. To determine whether
your product is regulated by this action, you should carefully examine
the applicability criteria in Sec. 86.1801-01 of title 40 of the Code
of Federal Regulations. If you have questions regarding the
applicability of this action to a particular product, consult the
person listed in the preceding FOR FURTHER INFORMATION CONTACT section.
Obtaining Copies of the Regulatory Documents
The preamble and Technical Support Document are available
electronically from the EPA Internet Web site. This service is free of
charge, except for any cost you already incur for internet
connectivity. The electronic version of this final rule is made
available on the day of publication on the primary EPA Web site listed
below. The EPA Office of Mobile Sources also publishes Federal Register
notices and related documents on the secondary Web site listed below:
1. http://www.epa.gov/docs/fedrgstr/EPA-AIR/
2. http://www.epa.gov/OMSWWW/
(look in ``What's New'' or under the specific rulemaking topic)
Please note that due to differences between the software used to
develop the document and the software into which the document may be
downloaded, changes in format, page length, etc. may occur.
Table of Contents
I. Introduction
II. Content of the Final Rule
A. Certification Requirements
1. Durability Requirements
2. Emission Compliance Requirements
3. Confirmatory Testing
4. Fuel Economy
5. Small Volume Provisions
6. Information Requirements
B. In-use Testing Requirements
1. Overview
2. In Use Verification Testing (IUVP)
3. Manufacturer Funded In-use Confirmatory Testing
C. Other Requirements and Topics
1. Fees
2. Miscellaneous Corrections and Changes
3. Incentives to Encourage Better In-use Emission Performance
4. Cross References in Other EPA Regulations
D. Changes From the Proposed Rule
1. 40 Degree Latitude Requirement for In-use Verification
Vehicle Procurement
2. NLEV and CAP 2000
3. High Altitude In-use Testing
4. Regulatory Language Section Numbering
5. Evaporative and Refueling Durability Procedures
6. High Altitude Certification Testing for Evaporative and
Refueling Compliance
7. Stabilized Vehicle Requirements
8. Evaporative/Refueling Family Determination
9. Evaporative/Refueling In-use Verification Testing
E. Comments Relating to EPA's Legal Authorities and Factual
Basis for CAP 2000
III. Projected Impacts
A. Environmental Impacts
B. Economic Impacts
IV. Public Participation
V. Administrative Requirements
A. Administrative Designation and Regulatory Analysis
B. Regulatory Flexibility Act
C. Paperwork Reduction Act
D. Unfunded Mandates Reform Act
E. Congressional Review Act
F. National Technology Transfer and Advancement Act
G. Protection of Children
H. Enhancing the Intergovernmental Partnership
I. Consultation and Coordination With Indian Tribal Governments
VI. Statutory Authority
I. Introduction
Three programs are currently in place to ensure that automotive
manufacturers design and build light-duty vehicles and light-duty
trucks which comply with mandated emission standards for their useful
lives (as prescribed in Sec. 86.1805-01): certification, assembly line
testing
[[Page 23907]]
(known as Selective Enforcement Audits or SEAs) and recall. These
programs are described in more detail in section I.A. of the Notice of
Proposed Rulemaking (63 FR 39655).
In addition to these emission control programs, EPA shares
responsibilities with three other Federal agencies in the conduct of
three fuel economy programs: the Corporate Average Fuel Economy (CAFE)
program, the Fuel Economy Labeling program (and attendant issuance of
the annual Gas Mileage Guide), and the Gas Guzzler Tax program. These
programs were likewise discussed in some detail in the above-cited
section of the Notice of Proposed Rulemaking (NPRM) for this rule.
The mutual desire of EPA and the automotive industry to streamline
and improve upon these compliance programs fostered a productive
regulatory development process culminating in the proposed regulation.
One of the main elements of the proposal is a streamlined certification
program structure which retains EPA's confidence in pre-production
compliance determinations while reducing costs for manufacturers. To
verify the compliance predictions made for certification, the final
rule requires manufacturers to conduct testing of in-use vehicles and
to report the results to EPA. The significant amounts of in-use data
generated by this testing will enhance the Agency's recall program and
can be used for studies of in-use vehicle emission control performance
in general.1 The in-use data will also obviate the need for
most SEA testing.
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\1\ Important in-use data are also available from other sources,
including emission control repair statistics and I/M test results.
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Today's final rule incorporates comments received during the public
comment period. Most of the comments received suggested minor wording
or procedural changes. No fundamental changes to the basic structure of
the CAP 2000 proposal have been made in the final rule. A discussion of
certain comments received is contained in section II below. The
Response to Comments document in the Docket contains a detailed
discussion of other comments received and EPA's responses.
II. Content of the Final Rule
Unless otherwise indicated below, the discussion presented in the
Preamble to the Notice of Proposed Rulemaking published at 63 FR 39653
is applicable to this final rule.
A. Certification Requirements
1. Durability Requirements
Durability Groups. EPA is adopting its proposal for manufacturers
to divide their motor vehicles into groups called ``durability groups''
which include vehicles which are likely to exhibit similar exhaust
emission deterioration over their useful lives, based on those
characteristics of current-technology vehicles that most significantly
affect the deterioration of emission control over time. Durability
groups are based on engine type, fuel type, fuel system, catalyst
construction, type of precious metals used in the catalyst, and
relative engine/catalyst size and loading rates.
EPA estimates that based on the current vehicle product offering,
the number of required durability demonstrations under CAP 2000 will be
reduced by as much as 75 percent, a substantial savings for
manufacturers. However, the Agency believes that the new durability
grouping criteria, the requirement for testing the worst case
durability vehicle, and the in-use verification program (also discussed
below) would comprise a more accurate and effective emission control
program than the current procedures and should result in significant
environmental benefits.
To allow manufacturers flexibility in assigning durability groups,
EPA is adopting provisions allowing manufacturers to use criteria other
than relative engine/catalyst size and loading rates, provided that the
criteria result in at least as many groups and do not group together
dissimilar vehicles.
Durability Demonstrations. The Agency is adopting as proposed its
durability demonstration regulations. Each manufacturer (except small
volume manufacturers and test groups which have special provisions
discussed below) will be required to design a durability process which
predicts the in-use deterioration of the vehicles it produces. The
durability process will be applied to a worst-case durability vehicle
configuration as selected by the manufacturer. While the Agency expects
manufacturers to act in good faith in designing adequate durability
processes, the Agency requirement to obtain advance approval for these
procedures should assure that well-designed programs are implemented.
In-use Feedback to Durability. Another important feature of today's
rule is the requirement that manufacturers perform in-use testing on
candidate in-use vehicles selected under the provisions of the in-use
verification program described in section II. B. below. These in-use
verification data will provide feedback information to manufacturers
which will be used to improve their durability processes, if necessary.
EPA may also withdraw its approval to use a durability procedure
for future certification if the Agency determines that the procedure
does not accurately predict in-use emission levels.
Using aged emission control components to demonstrate compliance.
EPA is adopting its proposal allowing manufacturers to demonstrate both
durability and emission compliance by testing emission data vehicles
installed with components aged to the equivalent of full useful life.
The test data will represent the useful life emission levels for those
vehicles, and can be compared directly to the emission standards
without the use of deterioration factors. This certification compliance
option will save manufacturers the cost of building and accumulating
mileage on separate fleets of durability test vehicles. This process
uses the same aging techniques as those used to calculate DFs in the
normal durability program. Furthermore, the effect of using aged
components directly on an emission data vehicle (EDV) is equivalent to
applying a deterioration factor to an EDV which is calculated from
those same aged components. EPA is also adopting its proposal to allow
aged components to be used on more than one vehicle, under certain
conditions.
The Agency is also adopting its proposal that the configuration
with the highest expected level of in-use deterioration be selected as
the durability data vehicle (DDV) configuration.
Evaporative/Refueling Durability Procedures
Evaporative family durability procedures were not proposed to be
changed, but EPA requested and received comments about the criteria for
designating evaporative/refueling families. Based on those comments,
EPA is adopting some minor changes to the definition of evaporative/
refueling family, described in more detail below.
2. Emission Compliance Requirements
Test Groups. EPA is adopting its proposal that manufacturers
subdivide durability groups into units called ``test groups,'' for the
purpose of demonstrating compliance with emission standards. One
certificate of conformity with the emission standards will be issued
per test group. Vehicles within a test group will have the following
common elements: applicable
[[Page 23908]]
emission standards, engine displacement, number of cylinders, and
arrangement of cylinders (e.g., in-line or V-shaped). EPA is adopting a
number of provisions which allow manufacturers to further divide test
groups to meet their needs without advance Agency approval. The Agency
will also consider requests to combine test groups.
Emission Testing. The Agency is adopting its proposal that
manufacturers test one emission data vehicle (EDV) in each test group.
The EDV configuration would be the configuration expected to generate
the worst case exhaust emissions within the test group.
One EDV per durability group will be required to be tested to
demonstrate compliance with cold temperature carbon monoxide
requirements, selected by the manufacturer as the worst case EDV within
each durability group.
Evaporative/refueling compliance. A separate certificate of
conformity will be issued for each evaporate/refueling family within a
test group.
Durability and Emission Data Carryover. ``Carryover'' is a concept
that allows the use of data generated in a previous model year to be
used in a subsequent model year in lieu of additional testing. The
Agency is adopting its proposal to allow carryover of durability and
emission data when the manufacturer determines, using good engineering
judgment, that the new vehicle configuration is capable of equivalent
or superior emission or durability performance.
EPA is adopting its proposal disallowing the carry over of in-use
verification test data. This is discussed separately in section II. B.
below.
Use of Development Vehicles for EDVs. Currently, the regulations
require that a unique vehicle be built to represent the EDV. This
requirement was established to assure representativeness of the test
results of the EDV. EPA established requirements that the vehicle have
appropriate maintenance and sufficient representative mileage
accumulation to stabilize emissions. Manufacturers typically run a
second fleet of similar vehicles called ``development vehicles'' which
they use to develop the production calibrations. These vehicles may
have representative mileage accumulation and appropriate maintenance
histories. The Agency is adopting its proposal that manufacturers may
optionally use vehicles originally built to be development vehicles as
EDVs for official certification testing.
The Agency believes that development vehicles can be representative
vehicles which would generate accurate emission levels. The portability
of the calibration from one prototype vehicle to another would be
assured by the restriction that a development vehicle which was used to
develop the calibration used on the EDV may not be used as the EDV
itself.
Accept Statements of Compliance for Certification Short Tests. The
certification short test was developed to assure that vehicles
complying with the FTP exhaust emission standards could be accurately
tested at State Inspection and Maintenance (I/M) test facilities
without the need for special test procedures. The purpose of the
certification short test is also to assure that manufacturers design
their vehicles to comply with Inspection/Maintenance (I/M) tests used
throughout the country and to account for the variation in test fuels
and waiting times that vehicle owners might encounter.
The Agency is adopting its proposal to accept a statement of
compliance to satisfy the certification short test compliance
requirements (see Secs. 86.094-8 and 86.094-9). The certification short
test has been fully implemented since the 1996 model year. EPA's review
of the CST data submitted by manufacturers thus far has indicated that
test results are significantly beneath the standards, with values
typically near zero. There have been no instances of test vehicles
failing the standards.
Evaporative/Refueling Emission Testing. The Agency is retaining the
current evaporative/refueling testing requirements. One vehicle in each
evaporative/refueling family (the worst case EDV with the worst case
evaporative and fuel tank hardware installed) would be tested for
compliance with the evaporative and refueling requirements subject to
the phase-in requirements of the applicable model year.
3. Confirmatory Testing
Manufacturer-performed confirmatory testing. The Agency is adopting
the proposed requirements for certification and fuel economy
confirmatory testing. Manufacturers will confirm most of their tests at
their own facilities, if any of the following criteria originally
proposed are met: (1) the vehicle version has previously failed a
standard; (2) the vehicle exhibits high certification levels; (3) the
fuel economy value of the vehicle is higher than expected; (4) the fuel
economy value is close to a Gas Guzzler Tax threshold value; or (5) the
fuel economy value is at a level which creates a potential vehicle
class fuel economy leader. EPA will provide guidance to manufacturers
on these criteria. Test results from the original manufacturer's test
must be submitted to the Agency before any manufacturer confirmatory
testing is conducted. The Agency will then indicate to the manufacturer
whether the Agency will be performing any random or other confirmatory
testing. Vehicle configurations selected for confirmatory testing by
the Agency will not be required to be tested under the manufacturer
confirmatory test program. Manufacturer confirmatory tests will be
considered ``official'' and will be used in certification compliance
determinations and fuel economy calculations. Any confirmatory tests
performed by EPA will be considered official.
The Agency is also adopting its proposal that manufacturers conduct
retests whenever the manufacturer's original fuel economy test result
and the manufacturer's confirmatory result fail to correlate
satisfactorily. The criteria for satisfactory correlation is the three
percent difference in fuel economy currently used in EPA's confirmatory
test program. In lieu of conducting retests the manufacturer may accept
the lowest fuel economy data for the purpose of calculating the fuel
economy values. This retesting procedure assures that representative
fuel economy data are generated during the manufacturer-funded
confirmatory test program. The retest criteria are the same that the
Agency has been employing on EPA retests. These have proven
satisfactory at safeguarding the integrity of the fuel economy values
at a reasonable cost in terms of additional tests conducted.
Conditional Certification pending Confirmatory Testing. EPA is
adopting its proposal to allow conditional emission certification for a
test group (contingent upon manufacturer request and subject to Agency
approval) when the confirmatory test scheduled for testing at the EPA
facility has not yet been completed. To be eligible, the manufacturer
must attest, and EPA have reason to believe, that the vehicle awaiting
confirmatory test will ultimately comply with the standards when
tested.
The condition for certification is the same as that for the current
``alternate procedure'' running change provisions (see Sec. 86.082-34).
If the Administrator determines that the confirmatory test results in
noncompliance with any standard, then the manufacturer will be so
notified. Upon notification of this determination, the manufacturer
must immediately suspend production of all vehicles covered by this
certificate (or such fraction of the vehicles covered by the
certificate that the Administrator determines to be affected) and the
certificate of conformity will be
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suspended (pending a hearing). As a further condition of the
certificate, the manufacturer must agree to recall all vehicles which
the Administrator determines to be in noncompliance with the applicable
standards, and remedy such noncompliance at no expense to the owner.
4. Fuel Economy
Conditional Fuel Economy Values Pending Confirmatory Testing. In
addition to conditional certification, EPA is adopting its proposal
allowing the use of conditional fuel economy labels. Manufacturers are
permitted to calculate and use fuel economy labels prior to the
completion of scheduled EPA confirmatory testing, provided that certain
conditions are met.
Once the confirmatory testing is completed, the manufacturer must
recalculate, if necessary, all the affected fuel economy label values.
The recalculated label values must be used for labeling on future
production under either of the following circumstances:
(1) If the newly calculated label value is at least 0.5 mpg lower
than the original value, the manufacturer must use the recalculated
label value and annual fuel cost on the labels placed on all future
vehicles produced 15 days, or more, after the completion of the
confirmatory test.
(2) If the newly calculated label value is at least 0.1 mpg lower
than the original value, the manufacturer must use the recalculated
label value to determine Gas Guzzler Tax liability. The tax paid to the
IRS must reflect the recalculated value for all vehicles produced. The
gas guzzler tax statement required under the current provisions of 40
CFR 600.307-95(f) to be placed on the fuel economy label shall reflect
the recalculated values on all future vehicles produced 15 days, or
more, after the completion of the confirmatory test.
All confirmatory test results must be used in CAFE calculations.
EPA is adopting its proposal requiring manufacturers to submit a
copy of the CAFE calculations directly to the National Highway Traffic
and Safety Administration (NHTSA) concurrent with the submission to
EPA.
5. Small Volume Provisions
EPA is adopting its proposal to increase the number of sales which
define small volume manufacturers to U.S. sales of less than 15,000 per
model year (including light-duty vehicles, light-duty trucks, heavy-
duty vehicles and heavy-duty engines). Similarly, EPA is adopting its
proposal to allow any manufacturer to use small volume certification
procedures for any test groups, provided that the combined U.S. sales
are below 15,000 units per model year.
Any certification options provided under CAP 2000 for large volume
manufacturers would be available to small volume manufacturers (e.g.,
bench-aged components for durability, etc.).
6. Information Requirements
Application for certification. EPA is adopting its proposal that
manufacturers submit applications for certification on the basis of
durability groups. The application will be submitted in two parts:
Part 1 consists of general information about the manufacturer and
the entire product line, durability group descriptions, evaporative/
refueling family descriptions, OBD information and information specific
to each test group. This is the information generally needed by EPA to
make certification decisions.
Part 2 is information which is primarily needed by EPA for post-
certification compliance purposes. It includes such information as part
numbers of each emission related component for each engine code,
certain calibration specifications, owners manuals, service manuals and
technical service bulletins. This information is necessary for the
Agency to perform its in-use compliance activities such as identifying
mis-builds (non-certified vehicle configurations), evaluating
manufacturer defect reports, and conducting in-use recall testing
programs.
Timing of information submissions. Part 1 of the Application is to
be submitted prior to certification and Part 2 is to be submitted by
January first of the applicable model year (e.g. a model year 2001 Part
2 Application would be due by 1/1/2001). Any updates to the Part 1 will
also be due by January first of the model year.
A final, end-of-model-year Application update (including any
updates to Parts 1 and 2 reflecting any running changes occurring since
January 1 is required to be submitted by January first of the following
model year (for example, the final Application update for model year
2001 would be due by 1/1/2002).
Based on comments received, EPA is increasing the time allowed to
submit the Part 2 application from 30 days to 60 days for those test
groups certified close to the end of January 1 of the applicable model
year.
B. In-Use Testing Requirements
1. Overview
EPA is adopting the in-use testing program generally as proposed.
The program consists of two basic categories of manufacturer-funded in-
use testing: (1) in-use verification testing of vehicles representing
virtually all of the test groups produced by each manufacturer in each
model year and, (2) in-use confirmatory testing consisting of more
rigorous testing of test groups or subsets of these test groups
(limited to transmission types) which, during the in-use verification
testing, demonstrated potentially high emissions.
2. In-Use Verification Testing (IUVP)
This element of the program will provide the Agency and the
industry with emission data feedback from vehicles driven under real-
world conditions. The data generated from the IUVP will be used to
assess and improve the effectiveness of the manufacturer's
certification durability and emission demonstration processes. In
addition, the IUVP data will be used to determine the need for further
manufacturer funded in-use testing (In-Use Confirmatory Testing) which
may be used by the Agency in determining whether an emissions recall is
necessary.
The basic elements of the proposed IUVP are low mileage (10,000
mile minimum vehicle mileage, approximately one year of operation) and
high mileage (50,000 mile minimum mileage and approximately four years
of operation) emission testing of in-use vehicles. These mileage and
age test points were selected to provide feedback to the Agency and the
industry on the emission performance of vehicles at both an early point
in their operating life (to allow early identification of any problems
which occur in production or early in the life of the vehicle to
minimize the emission impact of the defect or deficient design), and at
a point well into the vehicle's statutorily-defined useful life (to
identify and correct any problems which occur only after extended in-
use operation) but not at such a high mileage that high emitting
vehicles would not be identified until the end of their useful life.
The total number of vehicles a particular manufacturer would be
required to test for the IUVP under the requirements of this proposal
would be dependent upon the number of test groups in the manufacturer's
product line and the number of sales within those groups. The sample
sizes required for the low and high mileage test programs and test
group sales volumes
[[Page 23910]]
are intended to reflect the increased potential for emission
contribution by high production test groups, the increased likelihood
of problems occurring as vehicles reach higher mileage, and the desire
of the Agency to minimize the resources required to conduct the
program.
Additionally, EPA is adopting its proposal that a manufacturer may
increase the required sample size specified for a specific IUVP test
group sample with prior EPA approval prior to the initiation of the
additional testing. The Agency believes that prior approval of an
increase in sample size is needed to prevent the unrestrained addition
of vehicles which could mask or dilute potential emission problems.
EPA was requested to change the proposed requirement that one high-
mileage vehicle in the in-use verification fleet have at least 75,000
miles to be at least 75 percent of full useful life. This purpose of
the request was to harmonize with the California ARB proposed
regulations, and EPA has done so in the final rule.
EPA is adopting its proposed regulations for vehicle selection and
procurement protocols. These procedures and protocols provide assurance
that the in-use vehicles will have experienced typical real-world use
and maintenance, and will screen out only those vehicles which are
tampered, unsafe to test, or are in such a condition that restoration
to a test-ready condition would be too costly. To preclude
underestimating the emissions of the in-use fleet through possible
climate-related bias (the Agency believes vehicles operated primarily
in warm weather areas may be subject to less harsh durability
conditions than those operated in cold weather), and on the basis of a
comment received, EPA has modified its proposal requiring that a
certain number of vehicles in each sample be procured from north of the
40 degree parallel line. Instead, those vehicles must be procured from
locations with a heating degree day 30 year annual average equal to or
greater than 4,000. The reasons for this change are discussed in
section D.1. below.
As discussed above in section II.A., in the event that the IUVP
data from a test group sample at either the low or high mileage test
point exceed certain criteria, EPA is also requiring that manufacturers
perform an analysis explaining why their durability processes are or
are not still capable of accurately predicting in-use performance. EPA
is also adopting as proposed its provisions for the in-use testing of
small volume manufacturers/test groups and alternative fueled vehicles.
EPA is adopting its proposal that the FTP and the US06 portion of
the supplemental FTP (SFTP) be performed on each in-use vehicle tested.
Manufacturers will determine the composite in-use SFTP emission level
by combining the in-use US06 and in-use FTP test levels with the test
level from the pre-production certification air conditioning test
(without deterioration factors applied). The A/C portion of the
supplemental FTP is an extremely resource intensive test because of the
test cell requirements (a special environmental chamber). In evaluating
the utility of the data which would be obtained versus the high cost of
conducting an in-use A/C test cycle as part of the in-use verification
program, EPA decided not to require testing on the A/C cycle. Included
in this evaluation was EPA's belief that for emissions deterioration
purposes, the US06 portion of the test can be directionally predictive
of the results of the A/C cycle. EPA may always conduct its own in-use
testing to confirm compliance, and if future indications are that
noncompliance with the A/C cycle may be an issue, can revisit this
decision in a future regulation.
EPA is adopting its proposal requiring a single in-use evaporative
test and on-board refueling loss test per evaporative/refueling family
at both the low and high mileage test points. As of this final rule,
ongoing evaporative test procedure streamlining efforts between EPA,
California ARB and industry have not led to a unified procedure.
Therefore, EPA is adopting its proposed in-use evaporative/refueling
testing requirement using the test procedures described in subpart B of
part 86.
Because EPA's emission standards currently apply at high altitude
as well as low altitude, EPA is adopting its proposal that one vehicle
per test group be tested under high altitude conditions for FTP. EPA is
proposing to require this testing only at the high mileage test point
in order to minimize the expense and facility constraints, if any,
associated with this testing.
3. Manufacturer Funded In-Use Confirmatory Testing
Today's final rule also includes regulations which create a
manufacturer funded in-use confirmatory testing program. These are
unchanged from the proposed rule. This program requires manufacturers
to conduct additional in-use testing of a test group when the IUVP data
for the test group exceeds a specified trigger level. Additionally, EPA
could target testing of a transmission-type subset of a test group if
emissions shown by the entire test group sample meet the specified
triggering criteria.
The criteria that will trigger confirmatory testing (a mean of 1.30
times the standard with a 50 percent or greater failure rate for the
test group sample at either the low or high mileage test point) are
based upon the emission standards to which the test group was
originally certified.
The Agency intends to periodically review and, if necessary, revise
these criteria, and intends to do so after it has gathered sufficient
information to support any revisions.
C. Other Requirements and Topics
1. Fees
EPA is adopting its proposal to continue collecting a fee on a per-
certificate basis. Because the test group will become the unit of
certification, a fee will be collected for each test group to be
certified. The new fee schedule will be the same as proposed:
Federal signed................................................ $27,211
California only signed........................................ 8,956
Fed only unsigned............................................. 2,738
Cal only unsigned............................................. 2,738
EPA is adopting its proposal to retain the waiver provision in the
current fee regulations when the fee exceeds 1% of the aggregate
projected U.S. sales of vehicles covered by the certificate
(Sec. 86.908-93).
2. Miscellaneous Corrections and Changes
EPA is adopting other requirements as proposed, including language
prohibiting crankcase emissions from all light-duty vehicles, rather
than from Otto-cycle and methanol-fueled diesel light-duty vehicles,
the elimination of high altitude exemption provisions for those
vehicles and trucks meeting specific design limitation criteria (see
Secs. 86.094-8(h) and (i)), and a revision making the Agency's defeat
device policy applicable to all types of fuels rather than just to
gasoline.
3. Incentives To Encourage Better In-Use Emission Performance
The Agency is adopting its proposed regulatory language that will
allow the Agency to waive or modify certain other regulatory
requirements to allow the structuring of an incentive program. In the
NPRM, the Agency requested and received a number of suggestions
regarding potential incentive rewards, and how an incentive program
could be structured (discussed in more detail in the Response To
Comments document in the docket). EPA will continue to work with
interested parties in
[[Page 23911]]
developing an effective incentive program.
4. Cross References in Other EPA Regulations
EPA has amended regulatory language which refers to Subpart A of
Part 86 so that it also references Subpart S. Regulations affected
include Part 85, subparts B, G, H, L, P, Q and R of Part 86, Part 88,
and Part 600. Also, each part or subpart which includes the terms
``engine family'' and/or ``engine control system'' has been amended to
clarify that those terms can be construed to mean ``test group'' or
``durability'' group in the context of Subpart S regulations.
D. Changes From the Proposed Rule
EPA is adopting as final its proposed rule, with a few minor
changes and corrections. The most significant changes are discussed
below. A more detailed discussion about the comments received is in the
Response to Comments document in the docket for this rule.
1. 40 Degree Latitude Requirement for In-Use Verification Vehicle
Procurement
EPA proposed that at least a certain number of vehicles in each
test group be procured from north of the 40 degree parallel line to
preclude underestimating the emissions of the in-use fleet through
possible climate-related bias. The 40 degree north latitude requirement
contained in the proposed regulations was intended to address the
Agency's belief that vehicles operated primarily in warm weather areas
may be subject to less harsh durability conditions than those operated
in cold. The 40 degree line extends across the United States from Cape
Mendocino, CA to Trenton, NJ. Major metropolitan areas in this region
account for about 24% of the U.S. population. Vehicles could be
procured from any area above the 40 degree latitude line. While this
criterion captures a significant portion of cool weather areas, it did
exclude a few major metropolitan areas which EPA would consider to be
cool and would not wish to exclude from participation in the in-use
verification program. Since the proposal, EPA has determined that there
is a more scientifically-based method to ensure the acquisition of
cooler-climate in-use vehicles, which will allow for the inclusion of
previously excluded areas, and conversely, will not exclude any
significant geographic areas where in-use vehicle procurement would
likely occur. This method involves using readily available climate data
known as ``annual average heating degree day'' (HDD) data. This data is
compiled by various agencies, including the National Climatic Data
Center (NCDC) of the National Oceanic and Atmospheric Administration
(NOAA) and the Energy Information Administration (EIA) of the
Department of Energy (DOE), and is readily available from these
Agencies, both electronically and in hard copy. The Department of
Energy, defines a heating degree day as ``the number of degrees per day
that the daily average temperature (the mean of the maximum and minimum
recorded temperatures) is below a base temperature, usually 65 degrees
Fahrenheit, unless otherwise specified * * *''.
Instead of procuring vehicles from above the 40 degree N latitude
line, manufacturers will instead be required to procure vehicles from
areas with at least 30 year annual average HDDs of 4,000. Four thousand
was chosen as the criterion because limiting the criterion to areas
with higher annual HDDs (for instance, 5,000) would exclude some major
metropolitan areas that would have been covered with the 40 deg.
latitude criterion and which EPA considers to be cooler climate areas,
such as New York City, Newark, NJ, Seattle, WA, and Portland, OR.,
which the Agency did not intend to exclude. In fact, the 4,000 annual
HDD criteria will now include formerly excluded major metropolitan
areas as well, such as the Baltimore-Washington corridor. Overall, the
area of the United States covered by the criteria is more extensive
than the area defined by the 40 degree latitude line and will ensure
that in-use test data is obtained from vehicles exposed to harsher
weather. Additional major metropolitan are now included in Missouri,
Illinois, West Virginia, Colorado, Utah, Kansas, Arizona, New Mexico,
Oklahoma, and Kentucky. Major metropolitan areas in this region account
for about 30 percent of the population. This change is also responsive
to a comment received, discussed in more detail in the response to
comments document. Accordingly, EPA is revising its regulations.
2. NLEV and CAP 2000
The California ARB has adopted a regulation parallel to CAP 2000.
This will supercede the current ARB regulations which apply to NLEV-
certified vehicles. Accordingly, EPA has modified the NLEV regulations
in subpart R of part 86 to accommodate the incorporation of the
California ARB CAP 2000 regulations into the NLEV certification
process.
An incorrect cite was inadvertently given in section 86.1801-01 of
the proposed regulatory language, which referred the reader to Subpart
A for NLEV requirements. This has been corrected.
Regulatory language contained in Sec. 86.096-30 pertaining to NLEV
certification was inadvertently omitted in CAP 2000 and has been added
back under Sec. 86.1848-01.
3. High Altitude In-Use Testing
The preamble language for the NPRM incorrectly stated that EPA was
not proposing to include the results of high-altitude in-use
verification testing in the data to be used to determine if a test
group met the 1.30 times the standard criteria (modified from the 1.3
in the proposed rule to preclude rounding errors) which triggers
manufacturer in-use confirmatory testing. The proposed regulatory
language did reflect the Agency's intention to include high altitude
data in the calculation. The inclusion of high altitude data is
appropriate given that the emission standards are ``all altitude,''
which require compliance to the same numerical standard regardless of
altitude.
4. Regulatory Language Section Numbering
Comments were favorable about the general layout and numbering
scheme in the proposed rule. EPA is retaining this layout, but has
renumbered (but not reordered) a portion of the final regulatory
language to leave some blank ``Reserved'' sections. Doing so gives the
Agency more flexibility in accommodating any future regulations and is
in keeping with the Administration's ``Plain Language'' directive which
suggests that Agencies leave reserved sections in new regulations for
that purpose.
5. Evaporative and Refueling Durability Procedures
A commenter requested that EPA clarify its language on the service
accumulation methods for both evaporative and refueling durability
procedures.2 Specifically, it was requested that EPA allow
bench aging procedures as an alternative durability method. While EPA
believes that the proposed language allows for such methods, language
specifically permitting bench aging for evaporative and refueling
durability procedures has been added to the final rule for clarity.
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\2\ Ref. comments.
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6. High Altitude Certification Testing for Evaporative and Refueling
Compliance
The proposed regulations incorrectly included SFTP testing at high
altitude
[[Page 23912]]
as part of the evaporative/refueling test requirements. Because SFTP
standards are not applicable at high altitude, the final rule has
deleted the requirement for SFTP testing.
7. Stabilized Vehicle Requirements
The proposed regulatory language allowed manufacturers to consider
vehicles with 2,000 miles accumulated on them as ``stabilized'' for
emission testing purposes. A commenter requested the EPA clarify that
this is a minimum mileage.3 Because this was EPA's
intention, EPA has modified the language accordingly.
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\3\ Ref. comments.
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8. Evaporative/Refueling Family Determination.
Both during the development of the NPRM and in comments received
after the proposal, EPA was requested to revisit the regulatory
criteria for determining evaporative/refueling families. EPA is
adopting some of these suggestions in the final rule. In particular, it
is adding the criterion of fuel tank composition, and deleting the
criteria of fill limiter system, vapor/liquid separator, vapor hose
diameter, canister location, and onboard diagnostic hardware and
calibrations. EPA believes that the eliminated criteria are
calibrational in nature and have less impact on the durability of the
evaporative/refueling system. These changes are not expected to
significantly increase or decrease the number of evaporative/refueling
families, thus no change is being made to the cost analysis.
9. Evaporative/Refueling In-use Verification Testing
In the preamble to the NPRM, EPA inadvertently stated that the in-
use verification testing for evaporative/refueling emissions would not
begin until the 2004 model year. The proposed regulatory language,
which is correct, requires evaporative/refueling in-use testing to be
performed on 2001 model year vehicles for the high mileage testing
(50,000 miles/fourth year of service, meaning that the first testing
will not occur until the 2004/2005 calendar year time frame). Because
EPA has delayed implementing all low mileage in-use testing until the
2004 model year, this will provide a number of years of lead time for
manufacturers to acquire or arrange for the necessary evaporative/
refueling testing facilities.
E. Comments Relating to EPA's Legal Authorities and Factual Basis for
CAP 2000
EPA received comments from two organizations 4
challenging whether EPA has met its statutory obligations and claiming
EPA failed to provide a factual basis for the CAP 2000 proposal. The
following discussion details the specific comments and EPA's responses.
---------------------------------------------------------------------------
\4\ The Ethyl Corporation and Envirotest.
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1. Comment
Commenters suggested that EPA's proposal fails to establish methods
and procedures for testing, ``by regulation,'' as required by section
206(d) of the Clean Air Act. Commenters claim that to be consistent
with section 206, EPA must either aggregate the manufacturer-specific
test procedures in the certification regulations it proposes for public
comment, or require that manufacturer-specific test procedures be
developed by regulation on a case-by-case basis only after public
notice and opportunity for comment.
EPA's Response
Section 206(a)(1) states that the Administrator shall test, or
require to be tested in such a manner as deemed appropriate any new
motor vehicle or motor vehicle engine submitted by a manufacturer to
determine whether such vehicle or engine conforms with EPA emission
standards. Section 206(d) requires that EPA issue regulations that
establish methods and procedures for making tests under section 206.
The regulations proposed by EPA would require that manufacturers
develop programs demonstrating the durability of their emissions
control systems, as part of demonstrating compliance with applicable
emission standards. The regulations establish the criteria for EPA
approval of a durability program, and provide for required in-use
testing to check on the accuracy of the durability demonstration. EPA's
proposed regulations describe design requirements each manufacturer's
durability program must satisfy for EPA approval. Manufacturers are
required to show that their durability processes are designed to cover
a significant majority of deterioration rates expected by vehicles in
actual use. These durability demonstration programs are used in the
certification process to establish the general rate of emission
deterioration a similar group of vehicles are expected to experience
over time. This rate of deterioration is applied, via deterioration
factors or other means, to data generated from emission test vehicles
within the durability group to demonstrate whether a vehicle will meet
emission standards over its useful life. In essence, EPA's proposed
regulations would establish a case-by-case, adjudicatory process and
criteria for acceptance or rejection of a manufacturer's durability
program. Commenters's claim that this is unlawful under section 206(d),
and that EPA's regulations must themselves contain the specific details
of each manufacturer's durability program (whether adopted in a single,
aggregate rulemaking, or future case specific rulemakings). The issue
raised by commenters is therefore whether EPA may reasonably exercise
its authority under section 206(d) to establish an adjudicatory type
procedure as proposed.
Whether section 206 authorizes or prohibits such agency action is a
matter of statutory interpretation. The first question is whether
Congress has directly spoken to this issue, such that Congressional
intent is clear on this specific matter. If the intent of Congress is
clear regarding a statutory provision, the Agency must follow that
intent. If Congress' intent is not clear on this specific issue, then
the question is whether EPA's interpretation of section 206(d) is a
reasonable way to implement the authority delegated in that provision.
Chevron v. NRDC, 467 U.S. 837, 842 to 844 (1984). Traditional tools of
statutory construction are used to answer these questions. Id.
This issue can be seen as two distinct questions. The first is
whether establishing methods and procedures by regulation requires that
all the specific details related to testing must be contained in the
regulations themselves, prohibiting establishment of an adjudicatory
process to determine these specific details. The second question is
whether a durability demonstration program is part of ``making tests''
subject to the requirements of section 206(d).
For the first question, the terms used by Congress, ``establish
methods and procedures,'' are not defined in the Clean Air Act. These
terms are general in nature, and can be readily interpreted as covering
a broad range of agency action. ``Methods'' and ``procedures'' would
encompass both detailed prescriptions of how to conduct a test, as well
as broad general provisions, such as a requirement that testing be
conducted using good engineering practices. These terms are broad
enough in nature to include a process for future determination of the
specific details of a test program, based on submission of a proposed
program for EPA review according to pre-set criteria. The term
[[Page 23913]]
``establish'' also appears general enough to include both the
establishment of detailed specifics at one time, as well as
establishment of a process to set detailed specifics at a future point.
The text of section 206(d) does not appear to indicate a clear
congressional intent to prohibit the adjudicatory approach proposed by
EPA, but instead employs terms that are broad and general in nature,
allowing a variety of potential ways to establish methods and
procedures for testing. The legislative history is limited, and does
not provide any indication of a contrary congressional intent. Clean
Air Amendments of 1970, Conference Report No. 1783, 91st Congress, 2d S
(1970).
In this case, Congress did not express a clear intent that EPA may
not exercise its authority under section 206(d) by setting up an
adjudicatory process in the regulations. Instead, Congress's grant of
authority provides EPA with substantial discretion in how to
``establish methods and procedures'' for conducting tests under section
206(d). Since Congress has not specifically addressed the question at
issue, EPA's interpretation of this grant of authority should be upheld
if it is a reasonable way to implement Congress' intent. Chevron at
844.
The adjudicatory process set up by EPA's regulations is an
efficient way to benefit from each manufacturer's expertise and
knowledge of the durability of their vehicles. For example,
manufacturers will be able to tailor their vehicle aging procedures to
the specific details of the hardware used on their vehicles, and the
way it is expected to deteriorate over time, as well as any unique
driving and usage patterns of their customers, and thus account for the
effect that these hardware and usage patterns have on emission
deterioration and emission control system designs. As discussed in the
NPRM (63 FR 39660, (July 23, 1998)), EPA believes that the resulting
manufacturer durability programs should improve the effectiveness of
EPA's vehicle compliance programs, by improving the ability of the new
motor vehicle certification program to predict and account for in-use
durability and deterioration of the emissions control system.
As described in the NPRM, EPA has been approving manufacturer
alternative durability programs under RDP-I for several years. Two
major types of durability processes have emerged from the RDP-I
experience: whole vehicle mileage accumulation cycles and bench aging
procedures. The whole vehicle aging concept involves driving vehicles
on a track or dynamometer on an aggressive driving cycle of the
manufacturer's design. The bench aging procedures involve the removal
of critical emission components (such as the catalyst and oxygen
sensor) and the accelerated aging of those components on an engine
dynamometer bench. Through the approval process, EPA has been requiring
that manufacturers compare the catalyst operating temperatures during
the AMA 5 and during the proposed durability method as well
as average speeds, acceleration rates and the like for whole vehicle
methods. In evaluating the comparisons, EPA believes that the programs
are more effective than the current program at predicting the
deterioration that occurs in actual use. EPA believes that allowing
manufacturer-specific durability programs to continue is appropriate.
---------------------------------------------------------------------------
\5\ The driving schedule prescribed in Appendix IV of Part 86.
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As it has in the past under the RDP-I program, EPA will require
that manufacturers provide data prior to certification showing that the
aging procedures would predict the deterioration of the significant
majority of in-use vehicles over the breadth of their product line
which would ultimately be covered by this procedure for both whole
vehicle and bench-aging durability methods. Manufacturers have varying
sources of data available, such as emissions data, driver survey data,
catalyst temperature history data and catalyst conversion efficiency
data. Generally these data are compared to manufacturer in-use data to
determine how broadly the deterioration factors reflect the overall
vehicle fleet. EPA determines, based on these data whether to approve
the durability process. EPA believes that the various whole vehicle and
bench aging programs are more effective than the current program at
predicting the deterioration that occurs in actual use.
EPA also believes an adjudicatory process is a more efficient
method of reviewing and approving or rejecting such durability
programs, avoiding the time and resources that would be necessary to
promulgate by rulemaking each manufacturer-specific durability program.
EPA believes that the adjudicatory process proposed and adopted in this
rule is a reasonable way to establish manufacturer-specific durability
programs that are expected to provide better information about in-use
emissions deterioration, for use in making certification decisions.
EPA's interpretation of the statute is consistent with prior EPA
interpretations of section 206. For example, EPA has never interpreted
section 206 as requiring promulgation of every aspect of each
manufacturer durability program. In the past, the regulations have set
up a durability process that required manufacturers to accumulate
mileage on a pre-production vehicle over a prescribed driving cycle
from 100,000 miles as a way to simulate deterioration over the useful
life. The regulations described the driving course, the speed for each
lap, stops, and similar details. The regulations do not describe when
drivers must be changed, how much driving per twenty-four hours,
leaving many other details for case-by-case decision making by EPA.
Another example is 40 CFR 86.090-27, Special Test Procedures. Under
this section, EPA interpreted section 206 to allow the Administrator,
based on a written application from a manufacturer, to prescribe tests
procedures, other than those prescribed in the CFR, for a vehicle not
susceptible to satisfactory testing in 40 CFR part 86. This is an
adjudicatory process where the EPA approves alternative testing in
advance, without promulgated minimum requirements.6 Another
example is EPA's durability regulations for certification of light-duty
trucks, which have permitted manufacturers to use their own methods,
based on good engineering judgment, to determine DFs, subject to review
and approval by EPA. (See Sec. 86.094-24(c)(2)). EPA set up this
adjudicatory process in the regulations, providing future case by case
EPA approval of the results of a manufacturers' durability program.
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\6\ EPA's regulations have included this kind of provision for
approval of alternative test procedure for many years.
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In sum, EPA does not believe that Congress intended to prohibit
reasonable regulations under section 206(d) that set up an adjudicatory
process to review and approve manufacturer specific durability
programs. EPA believes that the process set up in the regulations is a
reasonable exercise of the general authority provided to EPA in section
206(d).
The second issue raised by the comment is whether a manufacturer's
durability program is part of making a test such that it is subject to
the requirements of section 206(d). However, EPA does not believe that
it is necessary to decide this issue. If durability processes are
subject to section 206(d), then as described above EPA believes it has
the authority to allow an adjudicatory process to
[[Page 23914]]
determine the specific, detailed portions of a manufacturer's
durability program. If the manufacturers' durability processes are not
subject to the requirements of section 206(d), then EPA's regulations
clearly do not violate that provision. In either case, EPA believes it
has authority under section 206(a)(1) to require durability programs as
part of the testing performed for purposes of certification. Section
206(a)(1) allows EPA to require testing ``in such a manner as he [the
Administrator] deem appropriate.'' This provides EPA the discretion to
require manufacturer specific durability programs as part of the
certification process.
2. Comment
Commenters stated that EPA's proposal is contrary to section
206(e), which obligates EPA to disclose certification information
allowing purchasers to determine the ``comparative performance'' of
vehicles. Congress contemplated a form of ``environmental'' competition
among automobile manufacturers. Commenters claim that the competition
has not developed, at least in part, due to EPA's decision to
``maintain the secrecy of the certification test procedures.'' EPA Air
Docket #A-96-50 item IV-B-10 at 6. Comparisons cannot be made without
an accurate understanding of the test procedures employed to generate
the certification emission data.
EPA Response
Section 206(e) provides that:
The Administrator shall make available to the public the results
of his tests of any motor vehicle or motor vehicle engine submitted
by a manufacturer under subsection (a) of this section as promptly
as possible after December 31, 1970, at the beginning of each model
year which begins thereafter. Such results shall be described in
such nontechnical manner as will reasonably disclose to prospective
ultimate purchasers of new motor vehicles and new motor vehicle
engines the comparative performance of the vehicles and engines
tested in meeting the standards prescribed under section 7521 of
this title.
Section 206(e) of the Clean Air Act requires EPA to make available
to the public the results of tests of any motor vehicle or motor
vehicle engine submitted by a manufacturer under section 206(a).
Congress' intent is clear by looking at the words of the statute.
Congress did not require that EPA make available the specific details
of test procedures employed to generate the emissions data, or the
durability programs employed in the certification process. Congress
stated that the results of the tests are to be made available to the
public.
EPA makes available all emission test data which are used to make
certification compliance determinations as required by section 206(e).
Certification levels are posted annually at http:www.epa.gov/OMSWWW/
gopher/Cert/Veh-cert/Cert-Tst/. The report contains certification
levels (projected emission levels at the end of the useful life miles
of a vehicle) and deterioration factors used to compute the
certification levels. Vehicles are described by vehicle model, EPA
engine family name, manufacturer family name, number of cylinders,
method of fuel system, emission control system, engine code, etc. EPA
believes the information is described in a nontechnical manner and
provides purchasers with enough information to compare performance of
vehicles in meeting emissions standards.
In any case, the regulation adopted today establishes an
adjudicatory process to implement section 206 (a) and (d), and provide
reasonable information to make certification decisions. The regulations
adopted here were not proposed under and are not meant to implement
section 206(e). The kind of information presented to the public under
section 206(d) is not at issue in this rulemaking, as this regulation
neither releases information to the public, nor limits what information
may or may not be released in the future under section 206(e).
3. Comment
Commenters suggest that Congress clearly contemplated that EPA
would require testing of new motor vehicles or new motor vehicle
engines to ensure compliance by the vehicle or engine with applicable
emission standards. New motor vehicles are equipped with new
components, not with one or more artificially aged components. Because
EPA's proposal would allow testing of what is in essence a ``hybrid''
vehicle which includes such components, EPA's proposal is facially
inconsistent with the clear mandate of section 206.
EPA Response
Section 206(a)(1) states that the Administrator shall test, or
require to be tested ``in such manner as he deems appropriate,'' any
new motor vehicle or new motor vehicle engine submitted for a
certificate of conformity with emission standards. ``New motor
vehicle'' is defined in section 216 as a motor vehicle the equitable or
legal title to which has never been transferred to an ultimate
purchaser.'' In section 216 ``new motor vehicle engine'' is defined
similarly.
The authority to require testing ``in such a manner as he deems
appropriate'' under section 206(a)(1) clearly provides EPA with the
discretion to allow bench-aging of components as part of the procedures
to prepare a vehicle for durability related emissions testing. As
described before, it is a reasonable exercise of this broad authority
provided in section 206(a)(1) for EPA to determine that bench aging of
components may be approved as part of a manufacturer's durability
program. EPA also has general authority under section 301(a)(1) to
approve the use of such components on durability test vehicles. (``The
Administrator is authorized to prescribe such regulations as are
necessary to carry out his function under this chapter.'') 7
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\7\ In addition, this is not inconsistent with the definition of
``new motor vehicle'' in section 216. That definition looks at when
title is received by the ultimate purchaser, and does not place any
restriction related to whole vehicle aged or bench aged parts. A
test vehicle would meet the definition of a new vehicle whether it
has bench aged or whole vehicle aged parts, as long as title has not
transferred to the ultimate purchaser.
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4. Comment
Commenters claim that before EPA can demonstrate that each bench-
aging or alternative whole vehicle aging technique complies with the
substantive requirements of section 206, the Agency must first provide
a complete and thorough description of each bench-aging or alternative
whole vehicle-aging technique proposed to be allowed. Without this
information, it is simply not possible to comment upon the merit of the
alternative testing techniques.
EPA Response
The comment is based in part on the view that each manufacturer-
specific durability process must be adopted through rulemaking. As
discussed previously, EPA believes that a regulation setting up an
adjudicatory process for approval of manufacturer-specific durability
programs is not prohibited by the Clean Air Act and therefore
rulemaking for each durability program is not required.
Commenters have been provided an opportunity for meaningful comment
in compliance with section 307(d) of the Clean Air Act. EPA believes
the provisions of section 307(d) have been satisfied in this rulemaking
and the public has been provided an opportunity to comment on the
adjudicatory process and durability program requirements. EPA proposed
the criteria for establishment of the specific durability program
[[Page 23915]]
requirements that manufacturers must satisfy for EPA approval of their
durability program. These criteria enable EPA to evaluate the expected
in-use deterioration of these durability groups, the parameters of the
durability demonstration, and the compliance determination. EPA
described in the preamble the kinds of information generated and
durability programs used under the current RDP-I regulations. In
addition, EPA placed in the docket a draft technical support document
outlining manufacturer data and other information about the current
revised durability program (RDP-I). EPA Air Docket #A-96-50, item III-
B-2. Topics included (1) a discussion of the correlation procedures
used by the Agency to assure that accurate tests are run by
manufacturers, (2) a discussion of the information collected from
manufacturers which is not directly used in reaching the decision to
grant a Certificate of Conformity, (3) a discussion of the effect of
ambient weather patterns (warm versus cold climates) on in-use
deterioration and recalls in support of the CAP2000 requirement that
some vehicles tested be recruited from cold weather locales, and (4) a
discussion of the rationale used in proposing a durability group
concept for CAP2000 rather than the current engine family definition.
The comment period was extended to provide the public with time to
analyze the support document. EPA believes the information provided to
the public has allowed opportunity for meaningful comments.
5. Comment
A commenter claims that EPA's statement in the NPRM that ``most
manufacturers have demonstrated that essentially no engine out
deterioration is experienced in their current product'' is one of the
``basic premises underlying its proposal'' for manufacturer-specific
durability programs. EPA Air Docket A-96-50 item
IV-D-10 at 11, citing 63 FR 39658
EPA Response
The NPRM language has not been characterized in its proper context.
EPA's assertion in the NPRM is that new ``durability groups'' for
exhaust emissions combine vehicles which are likely to exhibit similar
exhaust emission deterioration over their useful lives. In the past
``engine families'' were grouped by engine-based parameters because
most emission reductions were expected to occur through modifications
to the engine operating characteristics. As described in the NPRM,
today's vehicles accomplish most emission control through catalytic
conversion. In essence, engine-out deterioration is not experienced.
Therefore, the past groupings (engine-based parameters that affect
engine-out emissions) are less useful for evaluating the emissions
durability of today's vehicle technology. EPA is requiring
manufacturers to group vehicles based on catalyst parameters for more
effective groupings.
Broadening the grouping criteria for durability demonstrations, by
itself, may add some variability in emissions as compared to the
current engine family definition; however, the Agency believes that the
proposed broader durability groups coupled with worst case durability
vehicle selections and in-use verification program would comprise a
more accurate and effective emission control program than the current
procedures and result in significant environmental benefits.
The accuracy of EPA's statement is discussed in the next response
to comment.
6. Comment
The commenter expressed several concerns about engine-out
deterioration from the data presented in the Technical Support Document
(TSD). In particular they noted: (1) Using General Motors' data, 4 of 9
vehicles display deterioration in engine-out emission with respect to
at least one of the emission constituents. (2) Using Chrysler's data,
28 of 34 vehicles display deterioration in engine-out emission with
respect to at least one of the emission constituents. The commenter
expressed further concern that most of the Chrysler data is on Tier 0
vehicles. (3) Based on Table 1 of the TSD, the commenter interprets
that Toyota has presented data to the Agency that their engines show
significant engine-out deterioration. Based on this data the commenter
takes issue with the Agency's statements in the NPRM that ``most
manufacturers have demonstrated that essentially no engine out
deterioration is experienced on their current product''.
The commenter also expressed concerns about bench aging versus
whole vehicle aging. In particular they noted: For Honda, Ford and
Toyota (which they indicate have approved track and bench procedures) 8
of 8 vehicle programs have no failing data; however for GM (which used
exclusively a bench aging cycle) 2 of 8 vehicle programs experienced
one or more test failures. Based on this data, the commenter concludes
that this data ``suggests that bench aging may not be as predictive as
testing techniques which rely, at least in part, on whole vehicle
testing''.
The commenter was concerned that all failing test data reported (6
of 131 tests) occurred for GM vehicles which used a bench procedure.
The commenter noted that the data from Ford, Honda, and Toyota showed
no emission failures. The commenter interpreted that Ford, Honda, and
Toyota all used track procedures (in whole or part) and therefore track
procedures were better than bench procedures.
Essentially the same comment as outlined above is provided by
another commenter who references the concerns of Ethyl made in their
comments to the NPRM.
EPA Response
The Agency presented the results of the in-use verification data
collected under RDP-I in the TSD. The data showed that the
certification standards were met for 125 of 131 tests run. The data
from bench aging programs does not support the view that whole vehicle
aging is better at representing in-use deterioration than bench aging
of components. First, contrary to commenters statement, the Ford data
was a bench procedure, not a track procedure.
The commenter focuses on the fact that several of the engine-out
data points showed measurable deterioration, i.e., that not all of the
data shows no engine-out deterioration. This variety in the data,
however, is a normal expectation. When experimental data is collected,
it is natural that the observed value will differ from the true value
for the population due to test-to-test, lab-to-lab, and vehicle-to-
vehicle variability. If the true population mean were zero (for
example: the hypothesis that engine-out deterioration is zero), then
due to this variability one would expect half the measurements to be
positive (actual measured data indicates some positive deterioration),
while the other half would be negative. The data present by Chrysler
and GM show a better than expected distribution of measurements which
support the hypothesis that the true mean of engine-out emissions
deterioration is zero.
The commenter indicated that Toyota provided data indicating that
their engines showed significant engine out emission deterioration
based on their reading of Table 1 of the TSD. This observation is
incorrect. In fact, the table reports that Toyota did not supply data
indicating that their engines experienced essentially no engine-out
deterioration. The table entry does not mean that Toyota supplied data
[[Page 23916]]
indicating that their engines experienced significant engine-out
emission deterioration. In its discussions with the Agency, Toyota
presented the opinion that Toyota engines did not have significant
engine-out deterioration. The table indicates only that there was no
submission of supporting data.
The commenter was concerned that most of the Chrysler data is on
Tier 0 vehicles and was concerned that Tier 1 vehicles may perform
differently. The data presented by Chrysler on Tier 1 vehicles showed
that engine-out emissions increased over 100,000 miles by -2.6% for HC,
0.8% for CO, and -8.6% for NOX. Although a smaller data set,
Chrysler's Tier 1 data also show essentially no engine-out
deterioration and for CO a much smaller rate of deterioration (0.8%
versus 4.7%) with Tier 1 technology.
EPA disagrees with commenters claim that ``significant
deterioration in engine-out emissions can (and, in fact, does) occur
over time.'' See comment at 12. The Chrysler data shows the that the
average engine-out emission deterioration was -4.3% for HC, 4.7% for
CO, and -11.9% for NOX; 62 of 102 deterioration measurements
were zero or negative. The GM engine-out data was provided on nine
vehicles; 24 of 27 emission deterioration measurements showed little or
no emissions increase.
Second, the data for Honda and Toyota was largely at the low
mileage point; only one class was run at the second mileage point and
none at the high mileage point. Because emission levels typically
increase with mileage it is not unexpected that there were more
failures detected on the GM program which included high mileage tests.
In any case the degree of in-use failures is extremely small (4.5%) and
does not rise to a level that raises concerns about the
representativeness of any type of durability cycle. In fact the low
levels of failures from GM and other in-use data substantiates the
validity of the RDP-I programs to accurately represent in-use emission
deterioration for a vast majority of the vehicles.
Under both the proposed and finalized rule manufacturers are
required to make a demonstration that their durability process will
``effectively predict emission compliance for candidate in-use
vehicles.'' 8 The main concern of the Agency is that a
manufacturer's durability program will, as a whole, effectively predict
in-use emission levels for the significant majority of vehicles. It is
important that the durability procedure predict deterioration of the
entire vehicle emission control system, not any one individual element
of design. To achieve this, the manufacturer may design a durability
program which ages catalysts and oxygen sensors sufficiently to account
for deterioration from all sources (including any expected
deterioration from engine-out emissions). Consequently, a properly
designed bench aging program could still be used to predict in-use
emissions even when there would be a significant amount of engine-out
deterioration.
---------------------------------------------------------------------------
\8\ Text from 40 CFR 86.1823-01(b)(1).
---------------------------------------------------------------------------
The Agency is adopting several significant safeguards to assure
that the durability process will effectively predict in-use compliance.
First, the Agency will review and approve each durability process.
The Agency is requiring, under 40 CFR 86.1823-01 ``analysis and/or data
demonstrating the adequacy of the manufacturer's durability processes
to effectively predict emission compliance for candidate in-use
vehicles.'' During this review the Agency will evaluate the likelihood
that the durability process will reflect in-use deterioration of a
significant majority of candidate in-use vehicles which cover the
breadth of the manufacturer's product line to be covered by the
durability process.
Second, and most important, the Agency has required manufacturers
to collect in-use verification data for each test group. There are
several in-use test groups within a durability group: the Agency
predicts there will be 2 to 4 test groups per durability group. The in-
use data will identify potential problems which will allow more focused
Agency recall investigations. It will also allow manufacturers to
improve the predictive capability of their durability process.
Lastly, when the in-use verification data exceeds a threshold, the
manufacturer must re-evaluate and/or improve their durability process.
The Agency also may question the representativeness of a durability
process which does not exceed these threshold values. Individual test
group data may be pooled into a single durability group analysis to
increase the statistical confidence of the conclusions of the analysis.
It is expected that manufacturers will use the results of the in-use
verification data to continually improve the predictive capability of
their durability process.
III. Projected Impacts
A. Environmental Impacts
EPA anticipates that the new requirements should result in some
unquantifiable environmental benefits because of improvements to
durability demonstration requirements, and because of the potential to
identify and improve upon vehicle emission performance based on the in-
use verification test results.
B. Economic Impacts
The Agency estimates that manufacturers should realize a total
annual savings of about $55 million as a direct result of today's
proposal. These figures include savings gained from streamlined
certification activities, such as fewer durability and emission data
demonstrations and reduced reporting burden, and accounts for the new
costs incurred by the proposed in-use verification testing
requirements. A detailed discussion and table of costs/savings are
contained in the Support Document to this proposed regulation and are
filed in the Docket.
IV. Public Participation
The Agency held a Public Hearing for the proposed rule on August
10, 1998, where 4 people presented oral testimony. The public comment
period for the proposed rule expired on September 8, but was extended
through September 24 to provide additional time to submit written
comments. A total of 21 comments were received. EPA's analysis and
responses to those comments are contained in a separate Response to
Comments document located in the Docket.
V. Administrative Requirements
A. Executive Order 12866
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to OMB review and the requirements of the
Executive Order. The Order defines ``significant regulatory action'' as
one that is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or,
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
[[Page 23917]]
It has been determined that this rule is not a ``significant
regulatory action'' under the terms of the Executive Order 12866 and is
therefore not subject to OMB review.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act, 5 U.S.C. 601-612 generally requires
an agency to conduct a regulatory flexibility analysis of any rule
subject to notice and comment rulemaking requirements unless the agency
certifies that the rule will not have a significant economic impact on
a substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions. This final rule will not have a significant impact on a
substantial number of small entities because it relates to requirements
applicable only to manufacturers of motor vehicles, a group which does
not contain a substantial number of small entities. See 1996 World
Motor Vehicle Data, AAMA, pp. 282-285.
C. Paperwork Reduction Act
The Paperwork Reduction Act, 44 U.S.C. 3501 et seq., requires
agencies to submit for OMB review and approval, federal requirements
and activities that result in the collection of information from ten or
more persons. Information collection requirements may include
reporting, labeling, and recordkeeping requirements. Federal agencies
may not impose penalties on persons who fail to comply with collections
of information that do not display a currently valid OMB control
number.
The Office of Management and Budget (OMB) has approved the
information collection requirements contained in this final rule under
the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and has assigned
OMB control number 2060-0104. An Information Collection Request (ICR)
document has been prepared by EPA (EPA ICR No. 1872.01 & 0783.38) and a
copy may be obtained from Sandy Farmer by mail at OPPE Regulatory
Information Division; U.S. Environmental Protection Agency (2137); 401
M St., SW, Washington DC 20460, by email at [email protected], or by
calling (202) 260-2740. A copy may also be downloaded off the internet
at http://www.epa.gov/icr.
The information collection burden associated with this rule
(testing, record keeping and reporting requirements for both
certification and fuel economy activities) is estimated to total
446,783 hours annually for the manufacturers of light-duty vehicles and
light-duty trucks. The hours spent annually on information collection
activities by a given manufacturer depends upon manufacturer-specific
variables, such as the number of test groups and durability groups,
production changes, emissions defects, and so forth.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An Agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15. EPA is
amending the table in 40 CFR Part 9 of currently approved ICR numbers
issued by OMB for various regulations to list the information
requirements contained in this rule.
D. Unfunded Mandates Reform Act
Section 202 of the Unfunded Mandates Reform Act of 1995 (signed
into law on March 22, 1995) requires that EPA prepare a budgetary
impact statement before promulgating a rule that includes a federal
mandate that may result in expenditure by state, local and tribal
governments, in aggregate, or by the private sector, of $100 million or
more in any one year. Section 203 of the Unfunded Mandates Reform Act
requires EPA to establish a plan for obtaining input from and
informing, educating and advising any small governments that may be
significantly or uniquely affected by the rule.
Under section 205 of the Unfunded Mandates Act, EPA must identify
and consider a reasonable number of regulatory alternatives before
promulgating a rule for which a budgetary impact statement must be
prepared. EPA must select from those alternatives the least costly,
most cost-effective, or least burdensome alternative that achieves the
objectives of the rule, unless EPA explains why this alternative is not
selected or the selection of this alternative is inconsistent with law.
Because this final rule is expected to result in the expenditure by
state, local and tribal governments or private sector of less than $100
million in any one year, EPA has not prepared a budgetary impact
statement or specifically addressed selection of the least costly, most
cost-effective or least burdensome alternative. Because small
governments will not be significantly or uniquely affected by this
rule, EPA is not required to develop a plan with regard to small
governments.
E. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
F. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Pub. L. 104-113, section 12 (d)(15 U.S.C. 272
note) directs EPA to use voluntary consensus standards in its
regulatory activities unless doing so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (such as materials specifications, test
methods, sampling procedures, and business practices) that are
developed or adopted by voluntary consensus standards bodies. The NTTAA
directs EPA to provide Congress, through OMB, explanations when the
Agency decides not to use available and applicable voluntary consensus
standards.
This final rule does not involve consideration of any new technical
standards. However, this final rule adopts without change certain
technical standards which are voluntary consensus standards, including
six Society of Automotive Engineers (SAE) procedures, one International
Standards Organization (ISO) procedure, and one American Society for
Testing and Materials (ASTM) procedure.
[[Page 23918]]
G. Protection of Children
Executive Order 13045, entitled ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997) applies to any rule that: (1) is determined to be ``economically
significant,'' as defined under Executive Order 12866, and (2) concerns
an environmental health or safety risk that EPA has reason to believe
may have a disproportionate effect on children. If the regulatory
action meets both criteria, the Agency must evaluate the environmental
health or safety effects of the planned rule on children, and explain
why the planned regulation is preferable to other potentially effective
and reasonably feasible alternatives considered by the Agency.
This final rule is not subject to Executive Order 13045 because it
is not economically significant as defined in E.O. 12866, and because
the Agency does not have reason to believe environmental health or
safety risks addressed by this action present a disproportionate risk
to children because no new emission standards are being promulgated.
H. Enhancing the Intergovernmental Partnership
Under Executive Order 12875, EPA may not issue a regulation that is
not required by statute and that creates a mandate upon a State, local
or tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments, or EPA consults with those governments. If EPA complies by
consulting, Executive Order 12875 requires EPA to provide to the Office
of Management and Budget a description of the extent of EPA's prior
consultation with representatives of affected State, local and tribal
governments, the nature of their concerns, copies of any written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, Executive Order 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of State, local and tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
Today's rule does not create a mandate on State, local or tribal
governments. The rule does not impose any enforceable duties on these
entities. This rule will be implemented at the federal level and
imposes compliance obligations only on private industry. Accordingly,
the requirements of section 1(a) of Executive Order 12875 do not apply
to this rule.
I. Consultation and Coordination With Indian Tribal Governments
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies by consulting, Executive Order 13084
requires EPA to provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected officials and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.''
Today's rule does not significantly or uniquely affect the
communities of Indian tribal governments. This rule will be implemented
at the federal level and imposes compliance obligations only on private
industry. Accordingly, the requirements of section 3(b) of Executive
Order 13084 do not apply to this rule.
VI. Statutory Authority
Sections 203, 206, 207, 208 and 217 of the Clean Air Act provide
EPA with the authority to revise the current emissions compliance
procedures as described in this proposal. EPA's authority to make the
major revisions found in CAP 2000 is based largely on sections 206 and
208(a) of the Act. Section 206 provides EPA with the authority to test,
or require to be tested in such manner as the Agency deems appropriate,
any new motor vehicle to determine whether the vehicle conforms with
applicable emissions standards. EPA accordingly has the broad authority
to streamline the current certification process to improve the
efficiency of the process. Section 208(a) further requires
manufacturers to establish and maintain records, to conduct tests, and
to submit information that EPA may reasonably require to determine
whether a manufacturer is in compliance with Title II of the Act and it
implementing regulations, or to otherwise carry out the provisions of
Title II. This includes information needed by EPA to make certification
decisions, to determine whether vehicles built and sold are covered by
the certificate, and to ensure that defeat devices are not used.
Section 208(a) also provides EPA with the authority to require post-
production testing of vehicles by manufacturers to provide a means of
monitoring the emissions performance of vehicles driven under real-
world conditions. Such testing serves as a check on the accuracy of the
certification procedures and on the levels of in-use compliance with
applicable emissions standards.
This rule does not require any manufacturer to change its
certification practices prior to model year 2000. However,
manufacturers have the option to implement the streamlined
certification procedures adopted today as soon as the rule is
effective. Such early use of these procedures could benefit a
manufacturer, and would also provide the environmental benefits
expected from this program. EPA therefore finds that there is good
cause under 5 U.S.C. 553(d) to make this rule effective upon
publication.
List of Subjects
40 CFR Part 9
Reporting and recordkeeping requirements.
40 CFR Part 85
Environmental protection, Confidential business information,
Imports, Labeling, Motor vehicle pollution, Reporting and recordkeeping
requirements, Research, Warranties.
40 CFR Parts 86 and 88
Environmental protection, Administrative practice and procedure,
Confidential business information, Incorporation by reference,
Labeling, Motor vehicle pollution, Reporting and recordkeeping
requirements.
40 CFR Part 600
Environmental protection, Administrative practice and procedure,
Fuel economy, Labeling, Reporting and recordkeeping requirements.
Dated: March 15, 1999.
Carol M. Browner,
Administrator.
For the reasons set forth in the preamble, title 40, chapter I of
the Code of Federal Regulations is amended as follows:
[[Page 23919]]
PART 9--[AMENDED]
1. The authority citation for part 9 continues to read as follows:
Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003,
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1321, 1326, 1330, 1344, 1345
(d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 Comp.
p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 300g-1, 300g-2,
300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2, 300j-3, 300j-4,
300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542, 9601-9657,
11023, 11048.
2. In Sec. 9.1, the table is amended under the indicated heading by
adding new entries in numerical order to read as follows:
Sec. 9.1 OMB approvals under the Paperwork Reduction Act.
* * * * *
------------------------------------------------------------------------
OMB control
40 CFR citation No.
------------------------------------------------------------------------
* * * * *
Control of Air Pollution From New and In-Use Motor Vehicles and New and
In-Use Motor Vehicle Engines: Certification and Test Procedures
* * * * *
86.1843-01................................................. 2060-0104
86.1844-01................................................. 2060-0104
86.1847-01................................................. 2060-0104
* * * * *
------------------------------------------------------------------------
PART 85--[AMENDED]
3. The authority citation for part 85 continues to read as follows:
Authority: 42 U.S.C. 7521, 7522, 7524, 7525, 7541, 7542, 7543,
7547 and 7601(a).
4. Section 85.501 is revised to read as follows:
Sec. 85.501 General applicability.
(a) Sections 85.501 through 85.505 are applicable to aftermarket
conversion systems for which an enforcement exemption is sought from
the tampering prohibitions contained in section 203 of the Act.
(b) References in this subpart to engine families and emission
control systems shall be deemed to apply to durability groups and test
groups as applicable for manufacturers certifying new light-duty
vehicles and light-duty trucks under the provisions of 40 CFR part 86,
subpart S.
5. Section 85.1501 is amended by adding a new paragraph (c) to read
as follows:
Sec. 85.1501 Applicability.
* * * * *
(c) References in this subpart to engine families and emission
control systems shall be deemed to apply to durability groups and test
groups as applicable for manufacturers certifying new light-duty
vehicles and light-duty trucks under the provisions of 40 CFR part 86,
subpart S.
6. Section 85.1505 is amended by revising paragraphs (a)(3)(i)(B),
(a)(3)(ii)(B) and (a)(3)(iii) to read as follows:
Sec. 85.1505 Final admission of certified vehicles.
(a) * * *
(3) * * *
(i) * * *
(B) Initiate a change in production (running change) under the
provisions of 40 CFR 86.084-14(c)(13) or 86.1842-01, as applicable,
that causes the vehicle to meet Federal emission requirements.
(ii) * * *
(B) Should the subject vehicle or engine fail the second FTP, then
the certificate holder must initiate a change in production (a running
change) under the provisions of 40 CFR 86.084-14(c)(13) or 86.1842-01,
as applicable, that causes the vehicle to meet Federal emission
requirements.
(iii) If the certificate holder chooses to initiate a change in
production (a running change) under the provisions of 40 CFR 86.084-
14(c)(13) or 86.1842-01 as applicable, that causes the vehicle to meet
Federal requirements, changes involving adjustments of adjustable
vehicle parameters (e.g., adjusting the RPM, timing, air/fuel ratio)
must be changes in the specified (i.e., nominal) values to be deemed
acceptable by EPA.
* * * * *
7. Section 85.1510 is amended by revising paragraph (a)(3) to read
as follows:
Sec. 85.1510 Maintenance instructions, warranties, emission labeling
and fuel economy requirements.
* * * * *
(a) * * *
(3) Such instructions shall not contain requirements more
restrictive than those set forth in 40 CFR part 86, subpart A or
subpart S, as applicable (Maintenance Instructions), and shall be in
sufficient detail and clarity that an automotive mechanic of average
training and ability can maintain or repair the vehicle or engine.
* * * * *
8. Section 85.1512 is amended by revising paragraph (a)(1)(iii) to
read as follows:
Sec. 85.1512 Admission of catalyst and O2 sensor-equipped
vehicles.
(a) * * *
(1) * * *
(iii) Is labeled in accordance with 40 CFR part 86, subpart A or
subpart S, or, where applicable, Sec. 85.1510(c); and
* * * * *
9. Section 85.1701 is amended by adding a new paragraph (c) to read
as follows:
Sec. 85.1701 General applicability.
* * * * *
(c) References in this subpart to engine families and emission
control systems shall be deemed to apply to durability groups and test
groups as applicable for manufacturers certifying new light-duty
vehicles and light-duty trucks under the provisions of 40 CFR part 86,
subpart S.
10. Section 85.1902 is amended by revising paragraph (b) to read as
follows:
Sec. 85.1902 Definitions.
* * * * *
(b) The phrase emission-related defect shall mean a defect in
design, materials, or workmanship in a device, system, or assembly
described in the approved Application for Certification (required by 40
CFR 86.1843-01 and 86.1844-01, 40 CFR 86.098-22 and like provisions of
subpart A of this part and 40 CFR part 86) which affects any parameter
or specification enumerated in Appendix VIII of this part.
* * * * *
11. Section 85.2101 is revised to read as follows:
Sec. 85.2101 General applicability.
(a) Sections 85.2101 through 85.2111 are applicable to all 1981 and
later model year light-duty vehicles and light-duty trucks.
(b) References in this subpart to engine families and emission
control systems shall be deemed to apply to durability groups and test
groups as applicable for manufacturers certifying new light-duty
vehicles and light-duty trucks under the provisions of 40 CFR part 86,
subpart S.
12. Section 85.2102 is amended by revising paragraph (a)(13)(ii) to
read as follows:
Sec. 85.2102 Definitions.
(a) * * *
(13) * * *
(ii) In compliance with the requirements of 40 CFR 86.094-38 or
86.1808-01 (as appropriate for the applicable model year vehicle/engine
classification); and
* * * * *
13. Section 85.2208 is amended by revising paragraph (a)(1) to read
as follows:
[[Page 23920]]
Sec. 85.2208 Alternative standards and procedures.
(a)(1) As a part of the certification process, as set forth in 40
CFR part 86, subparts A and S, a manufacturer may request an
alternative short test standard or short test procedure for any vehicle
or engine for which the standards or procedures specified in this
subpart are not appropriate. The requestor shall supply relevant test
data and technical support to substantiate the claim and shall also
recommend alternative test procedures and/or standards for the
Administrator's consideration. Upon an acceptable showing that the
general standards or procedures are not appropriate, the Administrator
shall set alternative standards or procedures through rulemaking. The
administrative provisions of the certification process (see 40 CFR part
86, subparts A and S), apply to such a request for alternative
standards or procedures.
* * * * *
PART 86--[AMENDED]
14. The authority citation for part 86 continues to read as
follows:
Authority: 42 U.S.C. 7401-7671q.
15. Section 86.1 is amended by revising the entry for ASTM E29-93a
in the table in paragraph (b)(1); the entries for SAE J1850, SAE J1877,
SAE J1892, SAE J1962, SAE J1979, and SAE J2012 in the table in
paragraph (b)(2); the entry for ANSI/AGA NGVI-1994 in the table in
paragraph (b)(3); and the entry for ISO 9141-2 in the table in
paragraph (b)(5) to read as follows:
Sec. 86.1 Reference materials.
* * * * *
(b) * * *
(1) * * *
------------------------------------------------------------------------
Document No. and name 40 CFR part 86 reference
------------------------------------------------------------------------
* * * * *
ASTM E29-93a, Standard Practice for Using 86.098-15, 86.004-15,
Significant Digits in Test Data to 86.1803-01,
Determine Conformance with Specifications. 86.1823-01,
86.1824-01,
86.1825-01,
86.1837-01
------------------------------------------------------------------------
(2) * * *
------------------------------------------------------------------------
Document No. and name 40 CFR part 86 reference
------------------------------------------------------------------------
* * * * *
SAE J1850 July 1995, Class B Data 86.099-17,
Communication Network Interface. 86.1806-01
SAE J1877, July 1994 Recommended Practice 86.095-35,
for Bar-Coded Vehicle Identification 86.1806-01
Number Label.
SAE J1892 October 1993, Recommended 86.095-35,
Practice for Bar-Coded Vehicle Emission 86.1806-01
Configuration Label.
SAE J1962 January 1995, Diagnostic 86.099-17,
Connector. 86.1806-01
SAE J1979 July 1996, E/E Diagnostic Test 86.099-17,
Modes. 86.1806-01
SAE J2012 July 1996, Recommended Practice 86.099-17,
for Diagnostic Trouble Code Definitions. 86.1806-01
------------------------------------------------------------------------
* * * * *
(3) * * *
------------------------------------------------------------------------
Document No. and name 40 CFR part 86 reference
------------------------------------------------------------------------
ANSI/AGA NGV1-1994, Standard for 86.001-9,
Compressed Natural Gas Vehicle (NGV) 86.004-9,
Fueling Connection Devices. 86.098-8,
86.099-8,
86.099-9,
86.1810-01
------------------------------------------------------------------------
* * * * *
(5) * * *
------------------------------------------------------------------------
Document No. and name 40 CFR part 86 reference
------------------------------------------------------------------------
ISO 9141-2 February 1994, Road vehicles-- 86.099-17,
Diagnostic systems Part 2. 86.1806-01
------------------------------------------------------------------------
Subpart A--[Amended]
16. A new Sec. 86.001-1 is added to subpart A to read as follows:
Sec. 86.001-1 General applicability.
(a) The provisions of this subpart generally apply to 2001 and
later model year new Otto-cycle and diesel-cycle heavy-duty engines. In
cases where a provision applies only to a certain vehicle group based
on its model year, vehicle class, motor fuel, engine type, or other
distinguishing characteristics, the limited applicability is cited in
the appropriate section or paragraph. The provisions of this subpart
continue to generally apply to 2000 and earlier model year new Otto-
cycle and diesel-cycle light-duty vehicles and 2000 and earlier model
year new Otto-cycle and diesel-cycle light-duty trucks produced.
Provisions generally applicable to all 2001 and later model year new
Otto-cycle and diesel-cycle light-duty vehicles and 2001 and later
model year new Otto-cycle and diesel-cycle light-duty trucks are
located in Subpart S of this part.
(b) Optional applicability. A manufacturer may request to certify
any heavy-duty vehicle of 14,000 pounds Gross Vehicle Weight Rating or
less in accordance with the light-duty truck provisions located in
Subpart S of this Part. Heavy-duty engine or vehicle provisions do not
apply to such a vehicle.
(c) [Reserved]
(d) [Reserved]
(e) Small volume manufacturers. Special certification procedures
are available for any manufacturer whose projected combined U.S. sales
of light-duty vehicles, light-duty trucks, heavy-duty vehicles, and
heavy-duty engines in its product line (including all vehicles and
engines imported under the provisions of Secs. 85.1505 and 85.1509 of
this chapter) are fewer than 10,000 units for the model year in which
the manufacturer seeks certification. To certify its product line under
these optional procedures, the small-volume manufacturer must first
obtain the Administrator's approval. The manufacturer must meet the
eligibility criteria specified in Sec. 86.092-14(b) before the
Administrator's approval will be granted. The small-volume
manufacturer's certification procedures are described in Sec. 86.092-
14.
(f) Optional procedures for determining exhaust opacity. (1) The
provisions of subpart I of this part apply to tests which are performed
by the Administrator, and optionally, by the manufacturer.
(2) Measurement procedures, other than those described in subpart I
of this part, may be used by the manufacturer provided the manufacturer
satisfies the requirements of Sec. 86.091-23(f).
(3) When a manufacturer chooses to use an alternative measurement
procedure it has the responsibility to determine whether the results
obtained by the procedure will correlate with the results which would
be obtained from the measurement procedure in subpart I of this part.
Consequently, the Administrator will not routinely approve or
disapprove any alternative opacity measurement procedure or any
associated correlation data which the manufacturer elects to use to
satisfy the data requirements for subpart I of this part.
(4) If a confirmatory test(s) is performed and the results indicate
there is a systematic problem suggesting that the data generated under
an optional alternative measurement procedure do not adequately
correlate with data obtained in accordance with the
[[Page 23921]]
procedures described in subpart I of this part, EPA may require that
all certificates of conformity not already issued be based on data
obtained from procedures described in subpart I of this part.
Subpart B--[Amended]
17. Section 86.101 of subpart B is amended by adding a new
paragraph (d) to read as follows:
Sec. 86.101 General applicability.
* * * * *
(d) References in this subpart to engine families and emission
control systems shall be deemed to refer to durability groups and test
groups as applicable for manufacturers certifying new light-duty
vehicles and light-duty trucks under the provisions of subpart S of
this part.
18. Section 86.106-96 is amended by revising paragraph (a)(1) to
read as follows:
Sec. 86.106-96 Equipment required; overview.
(a) * * *
(1) Evaporative emission tests, gasoline-fueled vehicles. The
evaporative emission test is closely related to and connected with the
exhaust emission test. All vehicles tested for evaporative emissions
must undergo testing according to the test sequences described in
Sec. 86.130-96; however, the Administrator may omit measurement of
exhaust emissions to test for evaporative emissions. The Administrator
may truncate a test after any valid emission measurement without
affecting the validity of the test. Further, unless the evaporative
emission test is waived by the Administrator under Sec. 86.090-26 or
Sec. 86.1810, as applicable, all vehicles must undergo both tests.
(Petroleum-fueled diesel vehicles are excluded from the evaporative
emission standard.) Section 86.107 specifies the necessary equipment.
* * * * *
19. Section 86.113-94 is amended by revising paragraphs (a)(3),
(b)(5), (c)(3), (d)(1), (d)(3), (e)(4), and (f)(3) to read as follows:
Sec. 86.113-94 Fuel specifications.
(a) * * *
(3) The specification range of the gasoline to be used under this
paragraph (a) shall be reported in accordance with Sec. 86.094-21(b)(3)
or Sec. 86.1844-01 as applicable.
(b) * * *
(5) The specification range of the fuels to be used under
paragraphs (b)(2), (b)(3) and (b)(4) of this section shall be reported
in accordance with Sec. 86.094-21(b)(3) or Sec. 86.1844-01 as
applicable.
(c) * * *
(3) The specification range of the fuels to be used under
paragraphs (c)(1) and (c)(2) of this section shall be reported in
accordance with Sec. 86.094-21(b)(3) or Sec. 86.1844-01 as applicable.
(d) * * *
(1) Mixtures of petroleum and methanol fuels used for exhaust and
evaporative emission testing and service accumulation for flexible fuel
vehicles shall consist of the appropriate petroleum fuels listed in
either paragraph (a) or paragraph (b) of this section and a methanol
fuel representative of the fuel expected to be found in use, as
specified in paragraph (c) of this section, and shall be within the
range of fuel mixtures for which the vehicle was designed, as reported
in Sec. 86.94-21(j) or Sec. 86.1844-01 as applicable. The Administrator
may use any fuel or fuel mixture within this range for testing.
* * * * *
(3) The specification range of the fuels to be used under this
paragraph shall be reported in accordance with Sec. 86.094-21(b)(3) or
Sec. 86.1844-01 as applicable.
(e) * * *
(4) The specification range of the fuels to be used under
paragraphs (e)(1), (e)(2) and (e)(3) of this section shall be reported
in accordance with Sec. 86.094-21(b)(3) or Sec. 86.1844-01 as
applicable.
(f) * * *
(3) The specification range of the fuel to be used under paragraphs
(f)(1) and (f)(2) of this section shall be measured in accordance with
ASTM D2163-61 (Incorporated by reference; see Sec. 86.1) and reported
in accordance with Sec. 86.094-21(b)(3) or Sec. 86.1844-01 as
applicable.
* * * * *
20. Section 86.127-00 is amended by revising the introductory text
and paragraph (h) to read as follow:
Sec. 86.127-00 Test procedures; overview.
Applicability. The procedures described in this and subsequent
sections are used to determine the conformity of vehicles with the
standards set forth in subpart A or S of this part (as applicable) for
light-duty vehicles and light-duty trucks. Except where noted, the
procedures of paragraphs (a) through (b) of this section, Sec. 86.127-
96 (c) and (d), and the contents of Secs. 86.135-94, 86.136-90, 86.137-
96, 86.140-94, 86.142-90, and 86.144-94 are applicable for determining
emission results for vehicle exhaust emission systems designed to
comply with the FTP emission standards, or the FTP emission element
required for determining compliance with composite SFTP standards.
Paragraphs (f) and (g) of this section discuss the additional test
elements of aggressive driving (US06) and air conditioning (SC03) that
comprise the exhaust emission components of the SFTP. Section 86.127-
96(e) discusses fuel spitback emissions and paragraphs (h) and (i) of
this section are applicable to all vehicle emission test procedures.
Section 86.127-00 includes text that specifies requirements that differ
from Sec. 86.127-96. Where a paragraph in Sec. 86.127-96 is identical
and applicable to Sec. 86.127-00, this may be indicated by specifying
the corresponding paragraph and the statement ``[Reserved]. For
guidance see Sec. 86.127-96.''
* * * * *
(h) Except in cases of component malfunction or failure, all
emission control systems installed on or incorporated in a new motor
vehicle shall be functioning during all procedures in this subpart.
Maintenance to correct component malfunction or failure shall be
authorized in accordance with Sec. 86.098-25 or Sec. 86.1834-01 as
applicable.
* * * * *
21. Section 86.128-79 is amended by revising paragraph (g)(2) to
read as follows:
Sec. 86.128-79 Transmissions.
* * * * *
(g) * * *
(2) A manufacturer may recommend to the ultimate purchaser shift
procedures other than those used in testing by the EPA, Provided that:
All shift procedures (including multiple shift speeds) which the
manufacturer proposes to supply to the ultimate purchaser are provided
to the Administrator as part of the manufacturer's application for
certification, or as an amendment to such application, under
Sec. 86.079-32, Sec. 86.079-33, Sec. 86.082-34, or Sec. 86.1844-01 as
applicable.
* * * * *
22. Section 86.129-00 is amended by revising footnote 4 to the
table in paragraph (a) and paragraph (d)(1)(iv) to read as follows:
Sec. 86.129-00 Road load power, test weight, inertia weight class
determination, and fuel temperature profile.
* * * * *
(a) * * *
* * * * *
\4\ For model year 1994 and later heavy light-duty trucks not
subject to the Tier 0 standards of Sec. 86.094-9, test weight basis
shall be adjusted loaded vehicle weight, as
[[Page 23922]]
defined in Sec. 86.094-2 or 86.1803-01 as applicable. For all other
vehicles, test weight basis shall be loaded vehicle weight, as
defined in Sec. 86.082-2 or 86.1803-01 as applicable.
* * * * *
(d) * * *
(1) * * *
(iv) Small-volume manufacturers, as defined in Sec. 86.094-14(b)(1)
or Sec. 86.1838-01 as applicable, may use an alternate method for
generating fuel temperature profiles, subject to the approval of the
Administrator.
* * * * *
23. Section 86.132-96 is amended by revising paragraph (e)(2)(ii)
to read as follows:
Sec. 86.132-96 Vehicle preconditioning.
* * * * *
(e) * * *
(2) * * *
(ii) For abnormally treated vehicles, as defined in Sec. 86.085-2
or Sec. 86.1803-01 as applicable, two Highway Fuel Economy Driving
Schedules, found in 40 CFR part 600, appendix I, run in immediate
succession, with the road load power set at twice the value obtained
from Sec. 86.129-80.
* * * * *
Subpart G--[Amended]
24-25. Section 86.601-84 of subpart G is amended by adding
paragraph (b) to read as follows:
Sec. 86.601-84 Applicability.
* * * * *
(b) References in this subpart to engine families and emission
control systems shall be deemed to refer to durability groups and test
groups as applicable for manufacturers certifying new light-duty
vehicles and light-duty trucks under the provisions of Subpart S of
this part.
Subpart H--[Amended]
26. Section 86.701-94 is revised to read as follows:
Sec. 86.701-94 General applicability.
(a) The provisions of this subpart apply to: 1994 and later model
year Otto-cycle and diesel light-duty vehicles; 1994 and later model
year Otto-cycle and diesel light-duty trucks; and 1994 and later model
year Otto-cycle and diesel heavy-duty engines. The provisions of
subpart B of this part apply to this subpart.
(b) References in this subpart to engine families and emission
control systems shall be deemed to refer to durability groups and test
groups as applicable for manufacturers certifying new light-duty
vehicles and light-duty trucks under the provisions of subpart S of
this part.
Subpart J--[Amended]
27. A new Sec. 86.902-01 is added to subpart J to read as follows:
Sec. 86.902-01 Definitions.
(a) The definitions in Sec. 86.902-93 continue to apply to this
subpart.
(b) The definitions in subparts A and S of this part apply to this
subpart.
28. A new Sec. 86.907-01 is added to subpart J to read as follows:
Sec. 86.907-01 Fee amounts.
The fee for each certification request type is:
------------------------------------------------------------------------
Model year
Certificate type 2001 and
later
------------------------------------------------------------------------
LDV/LDT:
Fed Signed............................................... $27,211
Cal-only Signed.......................................... 8,956
Fed Unsigned............................................. 2,738
Cal-only Unsigned........................................ 2,738
HDE/HDV:
Fed Signed............................................... 12,584
Cal-only Signed.......................................... 2,145
Fed Unsigned............................................. 2,145
Cal-only Unsigned........................................ 2,145
All Evaporative-only..................................... 2,145
Motorcycles:
Fed Signed............................................... 840
Cal-only Signed.......................................... 840
Fed Unsigned............................................. 840
Cal-only Unsigned........................................ 840
------------------------------------------------------------------------
29. A new Sec. 86.908-01 is added to subpart J to read as follows:
Sec. 86.908-01 Waivers and refunds.
This section includes text that specifies requirements that differ
from Sec. 86.908-93. Where a paragraph in Sec. 86.908-93-01 is
identical and applicable to this section, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec. 86.908-93.''
(a) [Reserved]. For guidance see Sec. 86.908-93.
(b) Request for refund. The Administrator may refund a specified
part of any fee imposed by Sec. 86.907 if the applicant fails to obtain
a signed certificate and requests a refund.
(1) That portion of the total fee to be refunded will be as
follows:
[In percent]
------------------------------------------------------------------------
California-
Federal only
------------------------------------------------------------------------
LDV/LDT.......................................... 89.9 69.4
HDE/HDV.......................................... 83.0 0
HD--Evaporative only............................. 0 0
MC............................................... 0 0
------------------------------------------------------------------------
(2) For a refund of a portion of a waiver payment due to a decrease
in the projected retail sales price of the vehicles or engines to be
covered by the certification request the applicant should submit
documentation to EPA detailing the waiver fee adjustment.
(c) Waiver and refund address. A request for a waiver or refund of
part of a fee shall be submitted in writing by the applicant to the
Environmental Protection Agency, Vehicle Programs and Compliance
Division, 2565 Plymouth Road, Ann Arbor, MI 48105.
Subpart K--[Amended]
30. Section 86.1001-84 is amended by adding paragraph (b) to read
as follows:
Sec. 86.1001-84 Applicability.
* * * * *
(b) References in this subpart to engine families and emission
control systems shall be deemed to refer to durability groups and test
groups as applicable for manufacturers certifying new light-duty
vehicles and light-duty trucks under the provisions of subpart S of
this part.
Subpart L--[Amended]
31. Section 86.1101-87 is revised to read as follows:
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 refer to durability groups and test
groups as applicable for manufacturers certifying new light-duty trucks
under the provisions of subpart S of this part.
Subpart O--[Amended]
32. Section 86.1401 is revised to read as follows:
Sec. 86.1401 Scope; applicability.
(a) This subpart contains CST procedures for gasoline-fueled Otto-
cycle light-duty vehicles, and for gasoline-fueled Otto-cycle light-
duty trucks, including those certified to operate using both gasoline
and another fuel (for example, ``flexible-fuel'' or
[[Page 23923]]
``dual-fuel'' light-duty vehicles and light-duty trucks). For the
purposes of the Certification Short Test, flexible-fuel or dual-fuel
vehicles will be treated as dedicated gasoline vehicles. This subpart
applies to 1996 and later mode years.
(b) References in this subpart to engine families and emission
control systems shall be deemed to refer to durability groups and test
groups as applicable for manufacturers certifying new light-duty
vehicles and light-duty trucks under the provisions of subpart S of
this part.
Subpart P--[Amended]
33. Section 86.1501 is revised to read as follows:
Sec. 86.1501-94 Scope; applicability.
(a) This subpart contains gaseous emission idle test procedures for
light-duty trucks and heavy-duty engines for which idle CO standards
apply. It applies to 1994 and later model years. The idle test
procedures are optionally applicable to 1994 through 1996 model year
natural gas-fueled and liquified petroleum gas-fueled light-duty trucks
and heavy-duty engines.
(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 trucks
under the provisions of subpart S of this part.
34. Section 86.1502-84 is revised to read as follows:
Sec. 86.1502-84 Definitions.
The definitions in Sec. 86.084-2 or Sec. 86.1803-01, as applicable,
apply to this subpart.
35. Section 86.1503-84 is revised to read as follows:
Sec. 86.1503-84 Abbreviations.
The abbreviations in Sec. 86.084-3 or in Sec. 86.1804-01, as
applicable, apply to this subpart.
Subpart Q--[Amended]
36. Section 86.1601 is amended by adding a new paragraph (d) to
read as follows:
Sec. 86.1601 General applicability.
* * * * *
(d) References in this subpart to engine families and emission
control systems shall be deemed to refer to durability groups and test
groups as applicable for manufacturers certifying new light-duty
vehicles and light-duty trucks under the provisions of subpart S of
this part.
Subpart R--[Amended]
37. Section 86.1701-99 is amended by adding a new paragraph (e) to
read as follows:
Sec. 86.1701-99 General applicability.
* * * * *
(e) References in this subpart to engine families and emission
control systems shall be deemed to refer to durability groups and test
groups as applicable for manufacturers certifying new light-duty
vehicles and light-duty trucks under the provisions of subpart S of
this part.
38.-39. New Secs. 86.1713-01, 86.1714-01, 86.1715-01, and 86.1716-
01 are added and reserved to read as follow:
Sec. 86.1713-01 [Reserved]
Sec. 86.1714-01 [Reserved]
Sec. 86.1715-01 [Reserved]
Sec. 86.1716-01 [Reserved]
40. A new Sec. 86.1717-01 is added to subpart R to read as follows:
Sec. 86.1717-01 Emission control diagnostic system for 1999 and later
light-duty vehicles and light-duty trucks.
(a) The provisions of Sec. 86.1806-01 and subsequent model year
provisions do not apply to this subpart.
(b) The requirements in Chapter 6 of the California Regulatory
Requirements Applicable to the National Low Emission Vehicle Program
(October, 1996) (these requirements are incorporated by reference; see
Sec. 86.1) apply to this subpart.
(c) No vehicle shall be certified under the provisions of this
subpart unless such vehicle complies with the requirements of section
202(m) (1), (2), (4), and (5) of the Clean Air Act (42 U.S.C. 7521(m)
(1), (2), (4) and (5)).
41. A new Sec. 86.1721-01 is added to subpart R to read as follows:
Sec. 86.1721-01 Application for certification.
The provisions of Sec. 86.1844-01 and subsequent model year
provisions apply to this subpart, with the following additions to the
part 1 and part 2 applications:
(a) For TLEVs, LEVs, and ULEVs not certified exclusively on
gasoline, projected U.S. sales data and fuel economy data 19 months
prior to January 1 of the calendar year with the same numerical
designation as the model year for which the vehicles are certified, and
projected U.S. sales data for all vehicles, regardless of operating
fuel or vehicle emission category, sufficient to enable the
Administrator to select a test fleet representative of the vehicles (or
engines) for which certification is requested at the time of
certification.
(b) For ZEVs and hybrid electric vehicles, the certification part 1
application shall include the following:
(1) Identification and description of the vehicle(s) covered by the
application.
(2) Identification of the vehicle weight category to which the
vehicle is certifying: LDV, LDT 0-3750 lbs LVW, LDT 3751-5750 lbs LVW
(state test weight range), and the curb weight and gross vehicle weight
rating of the vehicle.
(3) Identification and description of the propulsion system for the
vehicle.
(4) Identification and description of the climate control system
used on the vehicle.
(5) Projected number of vehicles sold in the U.S., and projected
U.S. sales.
(6) For electric and hybrid electric vehicles, identification of
the energy usage in kilowatt-hours per mile from the point when
electricity is introduced from the electrical outlet and the operating
range in miles of the vehicle when tested in accordance with the All-
Electric Range Test provisions in Sec. 86.1770.
(7) If the vehicle is equipped with a fuel fired heater, a
description of the control system logic of the fuel fired heater,
including an evaluation of the conditions under which the fuel fired
heater can be operated and an evaluation of the possible operational
modes and conditions under which evaporative emissions can exist.
Vehicles which utilize fuel fired heaters which can be operated at
ambient temperatures above 40 deg. F or which cannot be demonstrated to
have zero evaporative emissions under any and all possible operation
modes and conditions shall not be certified as ZEVs.
(8) For ZEVs and HEVs which use fuel fired heaters, the
manufacturer shall provide the exhaust emissions value per mile
produced by the auxiliary fuel fired heater. This shall be accomplished
by determining heater emissions in grams per minute when operating at a
maximum heating capacity for a period of 20 minutes, and multiplying
that number by 3.6 minutes per mile. At the time of certification,
manufacturers shall submit their test plan which describes the
procedure used to determine the mass emissions of the fuel fired
heater.
(9) All information necessary for proper and safe operation of the
vehicle, including information on the safe handling of the battery
system, emergency procedures to follow in the event of battery leakage
or other
[[Page 23924]]
malfunctions that may affect the safety of the vehicle operator or
laboratory personnel, method for determining battery state-of-charge,
battery charging capacity and recharging procedures, and any other
relevant information as determined by the Administrator.
(c) For all vehicles subject to the provisions of Sec. 86.1717,
with its part 1 application for certification a description of the
malfunction and diagnostic system to be installed on the vehicles. (The
vehicles shall not be certified unless the Administrator finds that the
malfunction and diagnostic system complies with the requirements of
Sec. 86.1717.).
(d) The comprehensive list of test results and the applicable
certification levels required under Sec. 86.1844-01(d)(7) shall include
the following information:
(1) For all TLEVs, LEVs, and ULEVs certifying on a fuel other than
conventional gasoline, manufacturers shall multiply the NMOG exhaust
certification level for each emission-data vehicle by the appropriate
reactivity adjustment factor listed in Sec. 86.1777(d)(2)(i) or
established by the Administrator pursuant to Appendix XVII of this part
to demonstrate compliance with the applicable NMOG emission standard.
For all TLEVs, LEVs, and ULEVs certifying on natural gas, manufacturers
shall multiply the NMOG exhaust certification level for each emission-
data vehicle by the appropriate reactivity adjustment factor listed in
Sec. 86.1777(d)(2)(i) or established by the Administrator pursuant to
Appendix XVII of this part and add that value to the product of the
methane exhaust certification level for each emission-data vehicle and
the appropriate methane reactivity adjustment factor listed in
Sec. 86.1777(d)(2)(ii) or established by the Administrator pursuant to
Appendix XVII of this part to demonstrate compliance with the
applicable NMOG emission standard. Manufacturers requesting to certify
to existing standards utilizing an adjustment factor unique to its
vehicle/fuel system must follow the data requirements described in
Appendix XVII of this part. A separate formaldehyde exhaust
certification level shall also be provided for demonstrating compliance
with emission standards for formaldehyde.
(2) [Reserved]
(e) Manufacturers shall submit the standard phase-in compliance
information required in Sec. 86.1844-01 (d)(13) and (e)(4) with respect
to the applicable standards of the subpart.
(f) For each engine family certified to TLEV, LEV, or ULEV
standards, manufacturers shall submit with the certification
application, an engineering evaluation demonstrating that a
discontinuity in emissions of non-methane organic gases, carbon
monoxide, oxides of nitrogen and formaldehyde measured on the Federal
Test Procedure (subpart B of this part) does not occur in the
temperature range of 20 to 86 deg F. For diesel vehicles, the
engineering evaluation shall also include particulate emissions.
42. New Secs. 86.1722-01 and 86.1723-01 are added and reserved to
read as follow:
Sec. 86.1722-01 [Reserved]
Sec. 86.1723-01 [Reserved]
43. A new Sec. 86.1724-01 is added to subpart R to read as follows:
Sec. 86.1724-01 Emission data vehicle selection.
(a) [Reserved]
(b) The provisions of Sec. 86.1828-01 and subsequent model year
provisions apply to this subpart with the following additions:
(1) For TLEVs, LEVs, ULEVs, and ZEVs certifying according to the
provisions of this subpart, a manufacturer may substitute emission data
vehicles selected by the California Air Resources Board criteria
instead of using the criteria specified in Secs. 86.1828-01(a) through
(d) and subsequent model year provisions.
(2) For vehicles certified to the SFTP exhaust emission standards,
if air conditioning is projected to be available on any vehicles within
the engine family, the selection of engine codes will be limited
selections which have air conditioning available and would require that
any vehicle selected under this section has air conditioning installed
and operational.
44. A new Sec. 86.1725-01 is added to read as follows:
Sec. 86.1725-01 Allowable maintenance.
This section includes text that specifies requirements that differ
from Sec. 86.1725-99. Where a paragraph in Sec. 86.1725-99 is identical
and applicable to this section, this may be indicated by specifying the
corresponding paragraph and the statement ``[Reserved]. For guidance
see Sec. 86.1725-99.'' The provisions of Sec. 86.1834-01 and subsequent
model year provisions apply to this subpart, with the following
additions:
(a) Hybrid electric vehicles that use Otto-cycle or diesel engines
are subject to the applicable Otto-cycle or diesel engine maintenance
requirements of Sec. 86.1834-01(b) through (e) and subsequent model
year provisions.
(b) through (c) [Reserved]. For guidance see Sec. 86.1725-99.
(d) When air conditioning SFTP exhaust emission tests are required,
the manufacturer must document that the vehicle's air conditioning
system is operating properly and in a representative condition.
Required air conditioning system maintenance is performed as
unscheduled maintenance that does not require the Administrator's
approval.
45. Section 86.1726-01 is added and reserved to read as follows:
Sec. 86.1726-01 [Reserved]
46. A new Sec. 86.1728-01 is added to subpart R to read as follows:
Sec. 86.1728-01 Compliance with emission standards for the purpose of
certification.
The provisions of Sec. 86.1837-01 and subsequent model year
provisions apply with respect to the applicable standards of this
subpart.
47. A new Sec. 86.1734-01 is added and reserved to read as follows:
Sec. 86.1734-01 [Reserved]
48. A new Sec. 86.1735-01 is added to subpart R to read as follows:
Sec. 86.1735-01 Labeling.
The following requirements shall apply to TLEVs, LEVs, ULEVs, and
ZEVs certified under the provisions of this subpart:
(a) The requirements in Sec. 86.1807-01 and subsequent model year
provisions do not apply to this section.
(b) The requirements in Chapter 7 of the California Regulatory
Requirements Applicable to the National Low Emission Vehicle Program
(October, 1996) shall apply. These requirements are incorporated by
reference (see Sec. 86.1).
49. Section 86.1772-99 is amended by revising paragraph (b)(1) to
read as follows:
Sec. 86.1772-99 Road load power, test weight, and inertia weight class
determination.
* * * * *
(b) * * *
(1) For electric and hybrid electric vehicle lines where it is
expected that more than 33 percent of a vehicle line will be equipped
with air conditioning, per Sec. 86.096-24(g)(2) or Sec. 86.1832-01(a)
as applicable, that derives power from the battery pack, the road load
shall be increased by the incremental horsepower required to operate
the air conditioning unit. The incremental increase shall be determined
by recording the difference in energy required for a hybrid electric
vehicle under all-electric power to complete the
[[Page 23925]]
running loss test fuel tank temperature profile test sequence without
air conditioning and the same vehicle tested over the running loss test
fuel tank temperature profile test sequence with the air conditioning
set to the ``NORMAL'' air conditioning mode and adjusted to the minimum
discharge air temperature and high fan speed over the time period
needed to perform the test sequence, and converting this value into
units of horsepower. Vehicles equipped with automatic temperature
controlled air conditioning systems shall be operated in ``AUTOMATIC''
temperature and fan modes with the system set at 72 deg. F. The running
loss test fuel tank temperature profile test sequence is found in
Sec. 86.129(d).
* * * * *
50. Section 86.1776-99 is amended by revising paragraph (b)(1) to
read as follows:
Sec. 86.1776-99 Records required.
* * * * *
(b) * * *
(1) The manufacturer shall record in the durability-data vehicle
logbook, the number of regenerations that occur during the 50,000 mile
durability test of each diesel light-duty vehicle and light-duty truck
equipped with a periodically regenerating trap oxidizer system. The
manufacturer shall include, for each regeneration: the date and time of
the start of regeneration, the duration of the regeneration, and the
accumulated mileage at the start and the end of regeneration. The
number of regenerations will be used in the calculation of the
deterioration factor or other durability demonstration under
Sec. 86.1823-01 and subsequent model year provisions.
* * * * *
51. A new subpart S is added to part 86 to read as follows:
Subpart S--General Compliance Provisions for Control of Air
Pollution From New and In-Use Light-Duty Vehicles and Light-Duty
Trucks
Sec.
86.1801-01 Applicability.
86.1802-01 Section numbering; construction.
86.1803-01 Definitions.
86.1804-01 Acronyms and abbreviations.
86.1805-01 Useful life.
86.1806-01 On-board diagnostics.
86.1807-01 Vehicle labeling.
86.1808-01 Maintenance instructions.
86.1809-01 Prohibition of defeat devices.
86.1810-01 General standards; increase in emissions; unsafe
conditions; waivers
86.1811-01 Emission standards for light-duty vehicles.
86.1812-01 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.
86.1814-04 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.
86.1815-04 Emission standards for light-duty trucks 4.
86.1816 through 86.1819 [Reserved].
86.1820-01 Durability group determination.
86.1821-01 Evaporative/refueling family determination.
86.1822-01 Durability data vehicle selection.
86.1823-01 Durability demonstration procedures for exhaust
emissions.
86.1824-01 Durability demonstration procedures for evaporative
emissions.
86.1825-01 Durability demonstration procedures for refueling
emissions.
86.1826-01 Assigned deterioration factors for small volume
manufacturers and small volume test groups.
86.1827-01 Test group determination.
86.1828-01 Emission data vehicle selection.
86.1829-01 Durability and emission testing. requirements; waivers.
86.1830-01 Acceptance of vehicles for emission testing.
86.1831-01 Mileage accumulation requirements for test vehicles.
86.1832-01 Optional equipment and air conditioning for test
vehicles.
86.1833-01 Adjustable parameters.
86.1834-01 Allowable maintenance.
86.1835-01 Confirmatory certification testing.
86.1836-01 Manufacturer-supplied production vehicles for testing.
86.1837-01 Rounding of emission measurements.
86.1838-01 Small volume manufacturers certification procedures.
86.1839-01 Carryover of certification data.
86.1840-01 Special test procedures.
86.1841-01 Compliance with emission standards for the purpose of
certification.
86.1842-01 Addition of a vehicle after certification; and changes
to a vehicle covered by certification.
86.1843-01 General information requirements.
86.1844-01 Information requirements: Application for certification
and submittal of information upon request.
86.1845-01 Manufacturer in-use verification testing requirements.
86.1845-04 Manufacturer in-use verification testing requirements.
86.1846-01 Manufacturer in-use confirmatory testing requirements.
86.1847-01 Manufacturer in-use verification and in-use confirmatory
testing; submittal of information and maintenance of records.
86.1848-01 Certification.
86.1849-01 Right of entry.
86.1850-01 Denial, suspension or revocation of certificate of
conformity.
86.1851-01 Application of good engineering judgment to
manufacturers' decisions.
86.1852-01 Waivers for good in-use emission performance.
86.1853-01 Certification hearings.
Appendix I to Subpart S of Part 86--Vehicle Procurement Methodology
Appendix II to Subpart S of Part 86--As-received Testing Vehicle
Rejection Criteria
Appendix III to Subpart S of Part 86--As-received Inspection
Subpart S--General Compliance Provisions for Control of Air
Pollution From New and In-Use Light-Duty Vehicles and Light-Duty
Trucks
Sec. 86.1801-01 Applicability.
(a) The provisions of this subpart apply to 2001 and later model
year new Otto-cycle and diesel-cycle light-duty vehicles and 2001 and
later model year new Otto-cycle and diesel-cycle light-duty trucks.
These provisions also apply to 2001 model year and later new incomplete
light-duty trucks. In cases where a provision applies only to a certain
vehicle group based on its model year, vehicle class, motor fuel,
engine type, or other distinguishing characteristics, the limited
applicability is cited in the appropriate section or paragraph of this
subpart.
(b) The provisions of this subpart apply to aftermarket conversions
of all model year Otto-cycle and diesel-cycle light-duty vehicles and
light-duty trucks as defined in 40 CFR 85.502.
(c) Optional applicability.
(1) A manufacturer may request to certify any heavy-duty vehicle of
14,000 pounds Gross Vehicle Weight Rating or less in accordance with
the light-duty truck provisions. Heavy-duty engine or heavy-duty
vehicle provisions of subpart A of this part do not apply to such a
vehicle.
(2) A manufacturer may optionally use the provisions of this
subpart in lieu of the provisions of subpart A of this part beginning
with the 2000 model year. Manufacturers choosing this option must
comply with all provisions of this subpart, except the standards in
subpart A of this part apply for model year 2000. Manufacturers may
elect this provision for either all or a portion of their product line.
(d) Small volume manufacturers. Special certification procedures
are available for any manufacturer whose projected or actual combined
U.S. sales of light-duty vehicles, light-duty trucks, heavy-duty
vehicles, and heavy-duty engines in its product line (including all
vehicles and engines imported under the provisions of 40 CFR 85.1505
and 85.1509) are fewer than 15,000 units for
[[Page 23926]]
the model year in which the manufacturer seeks certification. The small
volume manufacturer's light-duty vehicle and light-duty truck
certification procedures are described in Sec. 86.1838-01.
(e) National Low Emission Vehicle Program for light-duty vehicles
and light light-duty trucks. A manufacturer may elect to certify light-
duty vehicles and light light-duty trucks to the provisions of the
National Low Emission Vehicle Program contained in subpart R of this
part. Subpart R of this part is applicable only to those covered
manufacturers as defined under the provisions of subpart R of this
part. All provisions of this subpart S are applicable to vehicles
certified pursuant to subpart R of this part, except as specifically
noted in subpart R of this part.
Sec. 86.1802-01 Section numbering; construction.
(a) Section numbering. The model year of initial applicability is
indicated by the section number. The two digits following the hyphen
designate the first model year for which a section is applicable. The
section continues to apply to subsequent model years unless a later
model year section is adopted. Example: Section 86.18xx-01 applies to
the 2001 and subsequent model years. If a Sec. 86.18xx-03 is
promulgated it would apply beginning with the 2003 model year;
Sec. 86.18xx-01 would apply to model years 2001 through 2002.
(b) A section reference without a model year suffix refers to the
section applicable for the appropriate model year.
Sec. 86.1803-01 Definitions.
The following definitions apply to this subpart:
505 Cycle means the test cycle that consists of the first 505
seconds (seconds 1 to 505) of the EPA Urban Dynamometer Driving
Schedule, described in Sec. 86.115-00 and listed in Appendix I,
paragraph (a), of this part.
866 Cycle means the test cycle that consists of the last 866
seconds (seconds 506 to 1372) of the EPA Urban Dynamometer Driving
Schedule, described in Sec. 86.115-00 and listed in Appendix I,
paragraph (a), of this part.
Abnormally treated vehicle means any diesel light-duty vehicle or
diesel light-duty truck that is operated for less than five miles in a
30 day period immediately prior to conducting a particulate emissions
test.
AC1 means a test procedure as described in Sec. 86.162-00 which
simulates testing with air conditioning operating in an environmental
test cell by adding the air conditioning compressor load to the normal
dynamometer forces.
AC2 means a test procedure as described in Sec. 86.162-00 which
simulates testing with air conditioning operating in an environmental
test cell by adding a heat load to the passenger compartment.
Accuracy means the difference between a measurement and true value.
Act means Part A of Title II of the Clean Air Act as amended, 42
U.S.C., 7401, et seq.
Adjusted Loaded Vehicle Weight means the numerical average of
vehicle curb weight and gross vehicle weight rating (GVWR).
Administrator means the Administrator of the Environmental
Protection Agency or his/her authorized representative.
Alternative fuels means any fuel other than gasoline and diesel
fuels, such as methanol, ethanol, and gaseous fuels.
Approach angle means the smallest angle in a plan side view of an
automobile, formed by the level surface on which the automobile is
standing and a line tangent to the front tire static loaded radius arc
and touching the underside of the automobile forward of the front tire.
As-received condition means the condition of an in-use vehicle
procured for emission testing required by this subpart upon which no
adjustments, maintenance, or component replacement has occurred
subsequent to the vehicle's last routine operation by the vehicle's
owner, lessee, or operator prior to procurement.
Auxiliary Emission Control Device (AECD) means any element of
design which senses temperature, vehicle speed, engine RPM,
transmission gear, manifold vacuum, or any other parameter for the
purpose of activating, modulating, delaying, or deactivating the
operation of any part of the emission control system.
Axle clearance means the vertical distance from the level surface
on which an automobile is standing to the lowest point on the axle
differential of the automobile.
Basic engine means a unique combination of manufacturer, engine
displacement, number of cylinders, fuel system (as distinguished by
number of carburetor barrels or use of fuel injection), catalyst usage,
and other engine and emission control system characteristics specified
by the Administrator.
Basic vehicle frontal area means the area enclosed by the geometric
projection of the basic vehicle along the longitudinal axis, which
includes tires but excludes mirrors and air deflectors, onto a plane
perpendicular to the longitudinal axis of the vehicle.
Bi-directional control means the capability of a diagnostic tool to
send messages on the data bus that temporarily overrides the module's
control over a sensor or actuator and gives control to the diagnostic
tool operator. Bi-directional controls do not create permanent changes
to engine or component calibrations.
Body style means a level of commonality in vehicle construction as
defined by number of doors and roof treatment (e.g., sedan,
convertible, fastback, hatchback).
Body type means a name denoting a group of vehicles that are either
in the same car line or in different car lines provided the only reason
the vehicles qualify to be considered in different car lines is that
they are produced by a separate division of a single manufacturer.
Breakover angle means the supplement of the largest angle, in the
plan side view of an automobile, that can be formed by two lines
tangent to the front and rear static loaded radii arcs and intersecting
at a point on the underside of the automobile.
Calibration means the set of specifications, including tolerances,
unique to a particular design, version, or application of a component
or components assembly capable of functionally describing its operation
over its working range.
Calibration gas means a gas of known concentration which is used to
establish the response curve of an analyzer.
Candidate in-use vehicle means an in-use vehicle which would be
eligible to participate in the in-use verification program in
accordance with Sec. 86.1845-01.
Car line means a name denoting a group of vehicles within a make or
car division which has a degree of commonality in construction (e.g.,
body, chassis). Car line does not consider any level of decor or
opulence and is not generally distinguished by characteristics as
roofline, number of doors, seats, or windows except for station wagons
or light-duty trucks. Station wagons and light-duty trucks are
considered to be different car lines than passenger cars.
Certification Short Test (CST) means the test, for gasoline-fueled
Otto-cycle light-duty vehicles and light-duty trucks, performed in
accordance with the procedures contained in 40 CFR part 86, subpart O.
Configuration means a subclassification within a test group which
is based on engine code, inertia weight class, transmission type and
gear
[[Page 23927]]
ratios, final drive ratio, and other parameters which may be designated
by the Administrator.
Conveniently available service facility and spare parts for small-
volume manufacturers means that the vehicle manufacturer has a
qualified service facility at or near the authorized point of sale or
delivery of its vehicles and maintains an inventory of all emission-
related spare parts or has made arrangements for the part manufacturers
to supply the parts by expedited shipment (e.g., utilizing overnight
express delivery service, UPS, etc.).
Crankcase emissions means airborne substances emitted to the
atmosphere from any portion of the engine crankcase ventilation or
lubrication systems.
Critical emission-related components are those components which are
designed primarily for emission control, or whose failure may result in
a significant increase in emissions accompanied by no significant
impairment (or perhaps even an improvement) in performance,
driveability, and/or fuel economy as determined by the Administrator.
Critical emission-related maintenance means that maintenance to be
performed on critical emission-related components.
Curb weight means the actual or the manufacturer's estimated weight
of the vehicle in operational status with all standard equipment, and
weight of fuel at nominal tank capacity, and the weight of optional
equipment computed in accordance with Sec. 86.1832-01; incomplete
light-duty trucks shall have the curb weight specified by the
manufacturer.
Curb-idle means, for manual transmission code light-duty vehicles
and trucks, the engine speed with the transmission in neutral or with
the clutch disengaged and with the air conditioning system, if present,
turned off. For automatic transmission code light-duty vehicles and
light-duty trucks, curb-idle means the engine speed with the automatic
transmission in the park position (or neutral position if there is no
park position), and with the air conditioning system, if present,
turned off.
Data stream information means information (i.e., messages and
parameters) originated within the vehicle by a module or intelligent
sensors (i.e., a sensor that contains and is controlled by its own
module) and transmitted between a network of modules and/or intelligent
sensors connected in parallel with either one or two communication
wires. The information is broadcast over the communication wires for
use by other modules (e.g., chassis, transmission, etc.) to conduct
normal vehicle operation or for use by diagnostic tools. Data stream
information does not include engine calibration related information.
Dedicated vehicle means any motor vehicle engineered and designed
to be operated using a single fuel. Flexible fuel vehicles and multi-
fuel vehicles are not dedicated vehicles.
Defeat device means an auxiliary emission control device (AECD)
that reduces the effectiveness of the emission control system under
conditions which may reasonably be expected to be encountered in normal
vehicle operation and use, unless:
(1) Such conditions are substantially included in the Federal
emission test procedure;
(2) The need for the AECD is justified in terms of protecting the
vehicle against damage or accident; or
(3) The AECD does not go beyond the requirements of engine
starting.
Departure angle means the smallest angle, in a plan side view of a
motor vehicle, formed by the level surface on which the motor vehicle
is standing and a line tangent to the rear tire static loaded radius
arc and touching the underside of the motor vehicle rearward of the
rear tire.
Diesel means a type of engine with operating characteristics
significantly similar to the theoretical Diesel combustion cycle. The
non-use of a throttle during normal operation is indicative of a diesel
engine.
Dispensed fuel temperature means the temperature (deg. F or deg. C
may be used) of the fuel being dispensed into the tank of the test
vehicle during a refueling test.
Diurnal breathing losses means diurnal emissions.
Diurnal emissions means evaporative emissions resulting from the
daily cycling of ambient temperatures.
Drive train configuration means a unique combination of engine
code, transmission configuration, and axle ratio.
Dual Fuel Vehicle means any motor vehicle engineered and designed
to be operated on two different fuels, but not on a mixture of the
fuels.
Durability Data Vehicle means a vehicle used to generate durability
data as required in this subpart.
Durability group means the basic classification unit of a
manufacturer's product line used for the purpose of selecting a vehicle
configuration to demonstrate durability and predict deterioration in
accordance with Sec. 86.1822-01.
Durability useful life means the highest useful life mileage out of
the set of all useful life mileages that apply to a given vehicle. The
durability useful life determines the duration of service accumulation
on a durability data vehicle. The determination of durability useful
life shall reflect any light-duty truck alternative useful life periods
approved by the Administrator under Sec. 86.1805-01(c). The
determination of durability useful life shall exclude any standard and
related useful life mileage for which the manufacturer has obtained a
waiver of emission data submission requirements under Sec. 86.1829-01.
Element of design means any control system (i.e., computer
software, electronic control system, emission control system, computer
logic), and/or control system calibrations, and/or the results of
systems interaction, and/ or hardware items on a motor vehicle or motor
vehicle engine.
Emission control system is a unique group of emission control
devices, auxiliary emission control devices, engine modifications and
strategies, and other elements of design designated by the
Administrator used to control exhaust emissions of a vehicle.
Emission-related component means any component which can affect
emissions.
Emission-related maintenance means that maintenance which does
substantially affect emissions or which is likely to affect the
emissions deterioration of the vehicle during normal in-use operation,
even if the maintenance is performed at some time other than that which
is recommended.
Engine code means a unique combination within a test group of
displacement, fuel injection (or carburetor) calibration, choke
calibration, distributor calibration, auxiliary emission control
devices, and other engine and emission control system components
specified by the Administrator.
Engine warm-up cycle means sufficient vehicle operation such that
the coolant temperature has risen by at least 40 deg. F from engine
starting and reaches a minimum temperature of 160 deg. F.
Environmental test cell means a test cell capable of wind-speed,
solar thermal load, ambient temperature, and humidity control or
simulation which meets the requirements of Sec. 86.161-00 for running
emission tests with the air conditioning operating.
EPA Enforcement Officer means any officer or employee of the
Environmental Protection Agency so
[[Page 23928]]
designated in writing by the Administrator (or by his/her designee).
Equivalent test weight means the weight, within an inertia weight
class, which is used in the dynamometer testing of a vehicle and which
is based on its loaded vehicle weight or adjusted loaded vehicle weight
in accordance with the provisions of this Part.
Evaporative emissions means hydrocarbons emitted into the
atmosphere from a motor vehicle, other than exhaust and crankcase
emissions.
Evaporative/refueling control system means a unique combination
within an evaporative/refueling family of canister adsorptive material,
purge system configuration, purge strategy, and other parameters
determined by the Administrator to affect evaporative and refueling
emission control system durability or deterioration factors.
Evaporative/refueling emission code means a unique combination, in
an evaporative/refueling family-evaporative emission control system
combination, of purge system calibrations, fuel tank and carburetor
bowl vent calibrations and other fuel system and evaporative emission
control system components and calibrations specified by the
Administrator.
Evaporative/refueling family means the basic classification unit of
a manufacturers' product line used for the purpose of evaporative and
refueling emissions test fleet selection and determined in accordance
with Sec. 86.1821-01.
Evaporative/refueling vehicle configuration means a unique
combination of basic engine, engine code, body type, and evaporative
emission code.
Exhaust emissions means substances emitted to the atmosphere from
any opening downstream from the exhaust port of a motor vehicle engine.
Exhaust Gas Recirculation Valve means a device which directs a
portion of the exhaust gas into the intake air stream for the purpose
of controlling emissions.
Federal Test Procedure, or FTP means the test procedure as
described in Sec. 86.130-00(a) through (d) and (f) which is designed to
measure urban driving tail pipe exhaust emissions and evaporative
emissions over the Urban Dynamometer Driving Schedule as described in
Appendix I to this part.
Fixed liquid level gauge means a type of liquid level gauge used on
liquefied petroleum gas-fueled vehicles which uses a relatively small
positive shutoff valve and is designed to indicate when the liquid
level in the fuel tank being filled reaches the proper fill level. The
venting of fuel vapor and/or liquid fuel to the atmosphere during the
refueling event is generally associated with the use of the fixed
liquid level gauge.
Flexible fuel vehicle means any motor vehicle engineered and
designed to be operated on a petroleum fuel, a methanol fuel, or any
mixture of the two. Methanol-fueled vehicles that are only marginally
functional when using gasoline (e.g., the engine has a drop in rated
horsepower of more than 80 percent) are not flexible fuel vehicles.
Fuel system means the combination of fuel tank(s), fuel pump, fuel
lines, and carburetor or fuel injection components, and includes all
fuel system vents and fuel evaporative emission control system
components.
Gaseous fuel means natural gas or liquefied petroleum gas.
Gross vehicle weight means the manufacturer's gross weight rating
for the individual vehicle.
Gross vehicle weight rating (GVWR) means the value specified by the
manufacturer as the maximum design loaded weight of a single vehicle.
Hang-up refers to the process of hydrocarbon molecules being
adsorbed, condensed, or by any other method removed from the sample
flow prior to reaching the instrument detector. It also refers to any
subsequent desorption of the molecules into the sample flow when they
are assumed to be absent.
Heating degree day means the number of degrees per day the daily
average temperature is below 65 degrees Fahrenheit. The daily average
temperature is the mean of the maximum and minimum temperature for a
24-hour period. The annual heating degree day value is derived by
summing the daily heating degree days over a calendar year period.
Heavy light-duty truck means any light-duty truck rated greater
than 6000 lbs GVWR. The LDT3 and LDT4 classifications comprise the
heavy light-duty truck category.
Heavy-duty engine means any engine which the engine manufacturer
could reasonably expect to be used for motive power in a heavy-duty
vehicle.
Heavy-duty vehicle means any motor vehicle rated at more than 8,500
pounds GVWR or that has a vehicle curb weight of more than 6,000 pounds
or that has a basic vehicle frontal area in excess of 45 square feet.
High altitude means any elevation over 1,219 meters (4,000 feet).
High-altitude conditions means a test altitude of 1,620 meters
(5,315 feet), plus or minus 100 meters (328 feet), or equivalent
observed barometric test conditions of 83.3 kPa (24.2 inches Hg) plus
or minus 1 kPa (0.30 Hg).
Hot-soak emissions and Hot-soak losses means evaporative emissions
after termination of engine operation.
Incomplete truck means any truck which does not have the primary
load carrying device or container attached.
Indirect information means any information that is not specifically
contained in the service literature, but is contained in items such as
tools or equipment provided to franchised dealers (or others).
Inertia weight class means the class, which is a group of
equivalent test weights, into which a vehicle is grouped based on its
test weight basis in accordance with the provisions of this Part 86.
Integrated refueling emission control system means a system where
vapors resulting from refueling are stored in a common vapor storage
unit(s) with other evaporative emissions of the vehicle and are purged
through a common purge system.
Intermediary means any individual or entity, other than a
manufacturer, which provides service or equipment to automotive
technicians.
Intermediate temperature cold testing means testing done pursuant
to the driving cycle and testing conditions contained in subpart C of
this part, at temperatures between 25 deg.F (-4 deg. C) and 68 deg. F
(20 deg. C).
In-use vehicle means a customer owned and operated vehicle which is
not under the control of the manufacturer, dealerships or their agents.
Leased vehicles will be considered in-use vehicles for the purpose of
this subpart if the vehicles meet the criteria specified in
Sec. 86.1845-01.
In-use verification program (IUVP) means the testing program
conducted by manufacturers which gathers in-use emission data in
accordance with Sec. 86.1848-01.
Light light-duty truck means any light-duty truck rated up through
6000 lbs GVWR. The LDT1 and LDT2 classifications compose the light
light-duty truck category.
Light-duty truck means any motor vehicle rated at 8,500 pounds GVWR
or less which has a curb weight of 6,000 pounds or less and which has a
basic vehicle frontal area of 45 square feet or less, which is:
(1) Designed primarily for purposes of transportation of property
or is a derivation of such a vehicle; or
(2) Designed primarily for transportation of persons and has a
capacity of more than 12 persons; or
(3) Available with special features enabling off-street or off-
highway operation and use.
[[Page 23929]]
Light-duty truck 1 (LDT1) means any light light-duty truck up
through 3750 lbs loaded vehicle weight.
Light-duty truck 2 (LDT2) means any light light-duty truck greater
than 3750 lbs loaded vehicle weight.
Light-duty truck 3 (LDT3) means any heavy light-duty truck up
through 5750 lbs adjusted loaded vehicle weight.
Light-duty truck 4 (LDT4) means any heavy light-duty truck greater
than 5750 lbs adjusted loaded vehicle weight.
Light-duty vehicle means a passenger car or passenger car
derivative capable of seating 12 passengers or less.
Liquefied petroleum gas means a liquid hydrocarbon fuel that is
stored under pressure and is composed primarily of species that are
gases at atmospheric conditions (temperature = 25 deg. C and pressure =
1 atm), excluding natural gas.
Loaded vehicle weight means the vehicle's curb weight plus 300
pounds.
Low altitude means any elevation equal to or less than 1,219 meters
(4,000 feet).
Low altitude conditions means a test altitude less than 549 meters
(1,800 feet).
Malfunction means not operating according to specifications (e.g.,
those specifications listed in the certification application).
Methanol-fueled vehicle means any motor vehicle or motor vehicle
engine that is engineered and designed to be operated using methanol
fuel (i.e., a fuel that contains at least 50 percent methanol (CH3OH)
by volume) as fuel. Model means a specific combination of car line,
body style, and drivetrain configuration.
Model type means a unique combination of car line, basic engine,
and transmission class.
Model year means the manufacturer's annual production period (as
determined by the Administrator) which includes January 1 of such
calendar year: Provided that if the manufacturer has no annual
production period, the term ``model year'' shall mean the calendar
year.
Multi-fuel means capable of operating on two or more different fuel
types, either separately or simultaneously.
Natural gas means a fuel whose primary constituent is methane.
Nominal fuel tank capacity means the volume of the fuel tank(s),
specified by the manufacturer to the nearest tenth of a U.S. gallon,
which may be filled with fuel from the fuel tank filler inlet.
Non-emission-related maintenance means that maintenance which does
not substantially affect emissions and which does not have a lasting
effect on the emissions deterioration of the vehicle or engine during
normal in-use operation once the maintenance is performed.
Non-integrated refueling emission control system means a system
where fuel vapors from refueling are stored in a vapor storage unit
assigned solely to the function of storing refueling vapors.
Non-Methane Hydrocarbon Equivalent means the sum of the carbon mass
emissions of non-oxygenated non-methane hydrocarbons, methanol,
formaldehyde, or other organic compounds that are separately measured,
expressed as gasoline-fueled vehicle hydrocarbons. In the case of
exhaust emissions, the hydrogen-to-carbon ratio of the equivalent
hydrocarbon is 1.85:1. In the case of diurnal and hot soak emissions,
the hydrogen-to-carbon ratios of the equivalent hydrocarbons are 2.33:1
and 2.2:1, respectively.
Non-oxygenated hydrocarbon means organic emissions measured by a
flame ionization detector, excluding methanol.
N/V means the ratio of engine speed in revolutions per minute (rpm)
to vehicle speed in miles per hour in the top transmission gear. At the
manufacturer's option, either the 1:1 transmission gear ratio or the
lowest numerical gear ratio available in the transmission will be used
to determine N/V.
Option, in the context of a vehicle design feature, means any
available equipment or feature not standard equipment on a model.
Original Equipment Manufacturer (OEM) means the manufacturer
responsible for the design and production of a vehicle or component.
This manufacturer will be fully knowledgeable of any production changes
made to the design of the vehicle or component and shall be able to
track the individual vehicles or component with regard to such
production changes.
Otto-cycle means type of engine with operating characteristics
significantly similar to the theoretical Otto combustion cycle. The use
of a throttle during normal operation is indicative of an Otto-cycle
engine.
Oxides of nitrogen means the sum of the nitric oxide and nitrogen
dioxide contained in a gas sample as if the nitric oxide were in the
form of nitrogen dioxide.
Petroleum fuel means liquid fuels normally derived from crude oil,
excluding liquefied petroleum gas. Gasoline and diesel fuel are
petroleum fuels.
Precision means the standard deviation of replicated measurements.
Proven emission control systems are emission control components or
systems (and fuel metering systems) that have completed full durability
testing evaluation over a vehicle's useful life in some other certified
test group, or have completed bench or road testing demonstrated to be
equal or more severe than certification mileage accumulation
requirements. Alternatively, proven components or systems are those
that are determined by EPA to be of comparable functional quality and
manufactured using comparable materials and production techniques as
components or systems which have been durability demonstrated in some
other certified test group. In addition, the components or systems must
be employed in an operating environment (e.g., temperature, exhaust
flow, etc.,) similar to that experienced by the original or comparable
components or systems in the original certified test group.
Recall program means the program administered by the Agency under
the authority of CAA section 207, and regulations in 40 CFR part 85.
Reconfigured emission-data vehicle means an emission-data vehicle
obtained by modifying a previously used emission-data vehicle to
represent another emission-data vehicle.
Refueling emissions means evaporative emissions that emanate from a
motor vehicle fuel tank(s) during a refueling operation.
Refueling emissions canister(s) means any vapor storage unit(s)
that is exposed to the vapors generated during refueling.
Resting losses means evaporative emissions that may occur
continuously, that are not diurnal emissions, hot soak emissions,
refueling emissions, running losses, or spitback emissions.
Running change means a change to a vehicle or addition of a model
which occurs after certification but during vehicle production.
Running losses means evaporative emissions that occur during
vehicle operation.
SC03 means the test cycle, described in Sec. 86.160-00 and listed
in Appendix I, paragraph (h), of this part, which is designed to
represent driving immediately following startup.
Scheduled maintenance means any adjustment, repair, removal,
disassembly, cleaning, or replacement of vehicle components or systems
which is performed on a periodic basis to prevent part failure or
vehicle (if the engine were installed in a vehicle) malfunction, or
anticipated as necessary from inspection to correct an overt indication
of vehicle malfunction or failure for which periodic maintenance is not
appropriate.
[[Page 23930]]
Similar emission control systems are engine, fuel metering and
emission control system combinations which use the same fuel (e.g.,
gasoline, diesel, etc.), combustion cycle (e.g., two or four stroke),
general type of fuel system (e.g., carburetor or fuel injection),
catalyst system (e.g., none, oxidization, three-way plus oxidization,
three-way only, etc.), fuel control system (e.g., feedback or non-
feedback), secondary air system (e.g., equipped or not equipped) and
exhaust gas recirculation (EGR) (e.g., equipped or not equipped).
Span gas means a gas of known concentration which is used routinely
to set the output level of an analyzer.
Special features enabling off-street or off-highway operation and
use means a vehicle that has:
(1) Four-wheel drive; and
(2) At least four of the following characteristics calculated when
the automobile is at curb weight, on a level surface, with the front
wheels parallel to the vehicle's longitudinal centerline, and the tires
inflated to the manufacturer's recommended pressure; approach angle of
not less than 28 degrees, breakover angle of not less than 14 degrees,
departure angle of not less than 20 degrees, running clearance of not
less than 8 inches, and front and rear axle clearances of not less than
7 inches each.
Spitback emissions means evaporative emissions resulting from the
loss of liquid fuel that is emitted from a vehicle during a fueling
operation.
Standard equipment means those features or equipment which are
marketed on a vehicle over which the purchaser can exercise no choice.
Static loaded radius arc means a portion of a circle whose center
is the center of a standard tire-rim combination of an automobile and
whose radius is the distance from that center to the level surface on
which the automobile is standing, measured with the automobile at curb
weight, the wheel parallel to the vehicle's longitudinal centerline,
and the tire inflated to the manufacturer's recommended pressure.
Supplemental FTP (SFTP) means the additional test procedures
designed to measure emissions during aggressive and microtransient
driving, as described in Sec. 86.159-00 over the US06 cycle, and also
the test procedure designed to measure urban driving emissions while
the vehicle's air conditioning system is operating, as described in
Sec. 86.160-00 over the SC03 cycle.
Tank fuel volume means the volume of fuel in the fuel tank(s),
which is determined by taking the manufacturer's nominal fuel tank(s)
capacity and multiplying by 0.40. The result is rounded to the nearest
tenth of a U.S. gallon in accordance with the Rounding-Off Method
specified in ASTM E29-93a, Standard Practice for Using Significant
Digits in Test Data to Determine Conformance with Specifications
(incorporated by reference; see Sec. 86.1)
Test group means the basic classification unit within a durability
group used for the purpose of demonstrating compliance with exhaust
emission standards in accordance with Sec. 86.1841-01. The test group
is also used as a classification unit for gathering in-use data for the
In-Use Verification Program (IUVP) in accordance with Sec. 86.1848-01.
Test weight basis means the basis on which equivalent test weight
is determined in accordance with Sec. 86.129-00 of subpart B of this
part.
Throttle means a device used to control an engine's power output by
limiting the amount of air entering the combustion chamber.
Total Hydrocarbon Equivalent means the sum of the carbon mass
emissions of non-oxygenated hydrocarbons, methanol, formaldehyde or
other organic compounds that are separately measured, expressed as
gasoline-fueled vehicle hydrocarbons. In the case of exhaust emissions,
the hydrogen-to-carbon ratio of the equivalent hydrocarbon is 1.85:1.
In the case of diurnal and hot soak emissions, the hydrogen-to-carbon
ratios of the equivalent hydrocarbons are 2.33:1 and 2.2:1,
respectively.
Transmission class means the basic type of transmission, e.g.,
manual, automatic, semiautomatic.
Transmission configuration means a unique combination, within a
transmission class, of the number of the forward gears and, if
applicable, overdrive. The Administrator may further subdivide a
transmission configuration (based on such criteria as gear ratios,
torque convertor multiplication ratio, stall speed and shift
calibration, etc.), if she/he determines that significant fuel economy
or exhaust emission differences exist within that transmission
configuration.
Unproven emission control systems are emission control components
or systems (and fuel metering systems) that do not qualify as proven
emission control systems.
Unscheduled maintenance means any adjustment, repair, removal
disassembly, cleaning, or replacement of vehicle components or systems
which is performed to correct a part failure or vehicle (if the engine
were installed in a vehicle) malfunction which was not anticipated.
US06 means the test cycle, described in Sec. 86.159-00 and listed
in appendix I, paragraph (g), of this part, which is designed to
evaluate emissions during aggressive and microtransient driving.
Useful life means the period of use or time during which an
emission standard applies to light-duty vehicles and light-duty trucks,
as described in Sec. 86.1805-01.
Van means a light-duty truck having an integral enclosure, fully
enclosing the driver compartment and load carrying device, and having
no body sections protruding more than 30 inches ahead of the leading
edge of the windshield.
Vehicle configuration means a unique combination of basic engine,
engine code, inertia weight class, transmission configuration, and axle
ratio.
Zero (0) miles means that point after initial engine starting (not
to exceed 100 miles of vehicle operation, or three hours of engine
operation) at which normal assembly line operations and adjustments are
completed, and including emission testing, if performed.
Sec. 86.1804-01 Acronyms and abbreviations.
The following abbreviations apply to this subpart:
A/C--Air conditioning.
AECD--Auxiliary emission control device.
ALVW--Adjusted Loaded Vehicle Weight.
API--American Petroleum Institute.
ASTM--American Society for Testing and Materials.
C--Celsius.
cfm--Cubic feet per minute.
CFV--Critical flow venturi.
CFV-CVS--Critical flow venturi--constant volume sampler.
CH3OH--Methanol.
CID--Cubic inch displacement.
Cl--Chemiluminescence.
CO--Carbon monoxide.
CO2--Carbon dioxide.
conc.--Concentration.
CST--Certification Short Test.
cu. in.--Cubic inch(es).
CVS--Constant volume sampler.
DDV--Durability Data Vehicle.
deg.--Degree(s).
DNPH--2,4-dinitrophenylhydrazine.
EDV--Emission Data Vehicle.
EP--End point.
ETW--Equivalent test weight.
F--Fahrenheit.
FID--Flame ionization detector.
ft.--Feet.
FTP--Federal Test Procedure.
g--gram(s).
gal.--U.S. gallon(s).
GC--Gas chromatograph.
GVW--Gross vehicle weight.
GVWR--Gross vehicle weight rating.
H2O--Water.
HC--Hydrocarbon(s).
[[Page 23931]]
HFID--Heated flame ionization detector.
Hg--Mercury.
hp--Horsepower.
HPLC--High-pressure liquid chromatography.
IBP--Initial boiling point.
in.--Inch(es).
IUVP--In-Use Verification Program.
K--Kelvin.
kg--Kilogram(s).
km--Kilometer(s).
kPa--Kilopascal(s).
lb.--Pound(s).
LDT1--Light-duty truck 1.
LDT2--Light-duty truck 2.
LDT3--Light-duty truck 3.
LDT4--Light-duty truck 4.
LPG--Liquefied Petroleum Gas.
m--Meter(s).
max.--Maximum.
mg--Milligram(s).
mi.--Mile(s).
min.--Minimum.
ml--Milliliter(s).
mm--Millimeter(s).
mph--Miles per hour.
mV--Millivolt
N2--Nitrogen.
NDIR--Nondispersive infrared.
NMHC--Nonmethane Hydrocarbons.
NMHCE--Non-Methane Hydrocarbon Equivalent.
NO--nitric oxide.
No.--Number.
O2--Oxygen.
OEM--Original equipment manufacturer.
NO2--Nitrogen dioxide.
NOX--Oxides of nitrogen.
Pb--Lead.
pct.--Percent.
PDP-CVS--Positive displacement pump--constant volume sampler.
ppm--Parts per million by volume.
PM--Particulate Matter.
ppm C--Parts per million, carbon.
psi--Pounds per square inch.
R--Rankin.
rpm--Revolutions per minute.
RVP--Reid vapor pressure.
s--Second(s).
SAE--Society of Automotive Engineers.
SFTP--Supplemental Federal Test Procedure.
SI--International system of units.
TD--dispensed fuel temperature.
THC--Total Hydrocarbons.
THCE--Total Hydrocarbon Equivalent.
UDDS--Urban dynamometer driving schedule.
UV--Ultraviolet.
vs--Versus.
W--Watt(s).
WOT--Wide open throttle.
Wt.--Weight.
Sec. 86.1805-01 Useful life.
(a) Intermediate useful life is a period of use of 5 years or
50,000 miles, which ever occurs first.
(b) Full useful life is as follows:
(1) For light-duty vehicles and light light-duty trucks full useful
life is a period of use of 10 years or 100,000 miles, which ever occurs
first.
(2) For heavy light-duty trucks full useful life is a period of use
of 11 years or 120,000 miles, which ever occurs first.
(c) Manufacturers may petition the Administrator to provide
alternative useful life periods for light-duty trucks when they believe
that the useful life periods are significantly unrepresentative for one
or more test groups (either too long or too short). This petition must
include the full rationale behind the request together with any
supporting data and other evidence. Based on this or other information
the Administrator may assign an alternative useful-life period. Any
petition should be submitted in a timely manner, to allow adequate time
for a thorough evaluation. Alternative useful life periods will be
granted only for THC, THCE, and idle CO requirements.
Sec. 86.1806-01 On-board diagnostics.
(a) All light-duty vehicles and light-duty trucks shall be equipped
with an on-board diagnostic (OBD) system capable of monitoring, for
each vehicle's useful life, all emission-related powertrain systems or
components. All systems and components required to be monitored by
these regulations shall be evaluated periodically, but no less
frequently than once per Urban Dynamometer Driving Schedule as defined
in Appendix I, paragraph (a), of this part, or similar trip as approved
by the Administrator.
(b) Malfunction descriptions. The OBD system shall detect and
identify malfunctions in all monitored emission-related powertrain
systems or components according to the following malfunction
definitions as measured and calculated in accordance with test
procedures set forth in subpart B of this part, excluding those test
procedures described in Sec. 86.158-00. Paragraph (b)(1) of this
section does not apply to diesel cycle light-duty vehicles or diesel
cycle light-duty trucks, except where the catalyst is needed for NMHC
control. Paragraphs (b)(2), (b)(3), and (b)(4) of this section do not
apply to diesel cycle light-duty vehicles or diesel cycle light-duty
trucks.
(1) Catalyst deterioration or malfunction before it results in an
increase in NMHC emissions 1.5 times the NMHC standard, as compared to
the NMHC emission level measured using a representative 4000 mile
catalyst system.
(2) Engine misfire resulting in exhaust emissions exceeding 1.5
times the applicable standard for NMHC, CO or NOX; and any
misfire capable of damaging the catalytic converter.
(3) Oxygen sensor deterioration or malfunction resulting in exhaust
emissions exceeding 1.5 times the applicable standard for NMHC, CO or
NOX.
(4) Any vapor leak in the evaporative and/or refueling system
(excluding the tubing and connections between the purge valve and the
intake manifold) greater than or equal in magnitude to a leak caused by
a 0.040 inch diameter orifice; any absence of evaporative purge air
flow from the complete evaporative emission control system. On vehicles
with fuel tank capacity greater than 25 gallons, the Administrator may,
following a request from the manufacturer, revise the size of the
orifice to the smallest orifice feasible, based on test data, if the
most reliable monitoring method available cannot reliably detect a
system leak equal to a 0.040 inch diameter orifice.
(5) Any deterioration or malfunction occurring in a powertrain
system or component directly intended to control emissions, including
but not necessarily limited to, the exhaust gas recirculation (EGR)
system, if equipped, the secondary air system, if equipped, and the
fuel control system, singularly resulting in exhaust emissions
exceeding 1.5 times the applicable emission standard for NMHC, CO or
NOX. For vehicles equipped with a secondary air system, a
functional check, as described in paragraph (b)(6) of this section, may
satisfy the requirements of this paragraph provided the manufacturer
can demonstrate that deterioration of the flow distribution system is
unlikely. This demonstration is subject to Administrator approval and,
if the demonstration and associated functional check are approved, the
diagnostic system shall indicate a malfunction when some degree of
secondary airflow is not detectable in the exhaust system during the
check. For vehicles equipped with positive crankcase ventilation (PCV),
monitoring of the PCV system is not necessary provided the manufacturer
can demonstrate to the Administrator's satisfaction that the PCV system
is unlikely to fail.
(6) Any other deterioration or malfunction occurring in an
electronic emission-related powertrain system or component not
otherwise described above that either provides input to or receives
commands from the on-board computer and has a measurable impact on
emissions; monitoring of components required by this paragraph shall be
satisfied by employing electrical circuit continuity checks and
rationality checks for computer input components (input values within
manufacturer specified ranges), and functionality checks for computer
[[Page 23932]]
output components (proper functional response to computer commands)
except that the Administrator may waive such a rationality or
functionality check where the manufacturer has demonstrated
infeasibility; malfunctions are defined as a failure of the system or
component to meet the electrical circuit continuity checks or the
rationality or functionality checks.
(7) Oxygen sensor or any other component deterioration or
malfunction which renders that sensor or component incapable of
performing its function as part of the OBD system shall be detected and
identified on vehicles so equipped.
(c) Malfunction indicator light. The OBD system shall incorporate a
malfunction indicator light (MIL) readily visible to the vehicle
operator. When illuminated, it shall display ``Check Engine,''
``Service Engine Soon,'' a universally recognizable engine symbol, or a
similar phrase or symbol approved by the Administrator. A vehicle shall
not be equipped with more than one general purpose malfunction
indicator light for emission-related problems; separate specific
purpose warning lights (e.g. brake system, fasten seat belt, oil
pressure, etc.) are permitted. The use of red for the OBD-related
malfunction indicator light is prohibited.
(d) MIL illumination. The MIL shall illuminate and remain
illuminated when any of the conditions specified in paragraph (b) of
this section are detected and verified, or whenever the engine control
enters a default or secondary mode of operation considered abnormal for
the given engine operating conditions. The MIL shall blink once per
second under any period of operation during which engine misfire is
occurring and catalyst damage is imminent. If such misfire is detected
again during the following driving cycle (i.e., operation consisting
of, at a minimum, engine start-up and engine shut-off) or the next
driving cycle in which similar conditions are encountered, the MIL
shall maintain a steady illumination when the misfire is not occurring
and shall remain illuminated until the MIL extinguishing criteria of
this section are satisfied. The MIL shall also illuminate when the
vehicle's ignition is in the ``key-on'' position before engine starting
or cranking and extinguish after engine starting if no malfunction has
previously been detected. If a fuel system or engine misfire
malfunction has previously been detected, the MIL may be extinguished
if the malfunction does not reoccur during three subsequent sequential
trips during which similar conditions are encountered (engine speed is
within 375 rpm, engine load is within 20 percent, and the engine's
warm-up status is the same as that under which the malfunction was
first detected), and no new malfunctions have been detected. If any
malfunction other than a fuel system or engine misfire malfunction has
been detected, the MIL may be extinguished if the malfunction does not
reoccur during three subsequent sequential trips during which the
monitoring system responsible for illuminating the MIL functions
without detecting the malfunction, and no new malfunctions have been
detected. Upon Administrator approval, statistical MIL illumination
protocols may be employed, provided they result in comparable
timeliness in detecting a malfunction and evaluating system
performance, i.e., three to six driving cycles would be considered
acceptable.
(e) Storing of computer codes. The emission control diagnostic
system shall record and store in computer memory diagnostic trouble
codes and diagnostic readiness codes indicating the status of the
emission control system. These codes shall be available through the
standardized data link connector per SAE J1979 specifications as
incorporated by reference in paragraph (h) of this section.
(1) A diagnostic trouble code shall be stored for any detected and
verified malfunction causing MIL illumination. The stored diagnostic
trouble code shall identify the malfunctioning system or component as
uniquely as possible. At the manufacturer's discretion, a diagnostic
trouble code may be stored for conditions not causing MIL illumination.
Regardless, a separate code should be stored indicating the expected
MIL illumination status (i.e., MIL commanded ``ON,'' MIL commanded
``OFF'').
(2) For a single misfiring cylinder, the diagnostic trouble code(s)
shall uniquely identify the cylinder, unless the manufacturer submits
data and/or engineering evaluations which adequately demonstrate that
the misfiring cylinder cannot be reliably identified under certain
operating conditions. The diagnostic trouble code shall identify
multiple misfiring cylinder conditions; under multiple misfire
conditions, the misfiring cylinders need not be uniquely identified if
a distinct multiple misfire diagnostic trouble code is stored.
(3) The diagnostic system may erase a diagnostic trouble code if
the same code is not re-registered in at least 40 engine warm-up
cycles, and the malfunction indicator light is not illuminated for that
code.
(4) Separate status codes, or readiness codes, shall be stored in
computer memory to identify correctly functioning emission control
systems and those emission control systems which require further
vehicle operation to complete proper diagnostic evaluation. A readiness
code need not be stored for those monitors that can be considered
continuously operating monitors (e.g., misfire monitor, fuel system
monitor, etc.). Readiness codes should never be set to ``not ready''
status upon key-on or key-off; intentional setting of readiness codes
to ``not ready'' status via service procedures must apply to all such
codes, rather than applying to individual codes. Subject to
Administrator approval, if monitoring is disabled for a multiple number
of driving cycles (i.e., more than one) due to the continued presence
of extreme operating conditions (e.g., ambient temperatures below
40 deg.F, or altitudes above 8000 feet), readiness for the subject
monitoring system may be set to ``ready'' status without monitoring
having been completed. Administrator approval shall be based on the
conditions for monitoring system disablement, and the number of driving
cycles specified without completion of monitoring before readiness is
indicated.
(f) Available diagnostic data. (1) Upon determination of the first
malfunction of any component or system, ``freeze frame'' engine
conditions present at the time shall be stored in computer memory.
Should a subsequent fuel system or misfire malfunction occur, any
previously stored freeze frame conditions shall be replaced by the fuel
system or misfire conditions (whichever occurs first). Stored engine
conditions shall include, but are not limited to: engine speed, open or
closed loop operation, fuel system commands, coolant temperature,
calculated load value, fuel pressure, vehicle speed, air flow rate, and
intake manifold pressure if the information needed to determine these
conditions is available to the computer. For freeze frame storage, the
manufacturer shall include the most appropriate set of conditions to
facilitate effective repairs. If the diagnostic trouble code causing
the conditions to be stored is erased in accordance with paragraph (d)
of this section, the stored engine conditions may also be erased.
(2) The following data in addition to the required freeze frame
information shall be made available on demand through the serial port
on the standardized data link connector, if the information is
available to the on-board computer or can be determined using
[[Page 23933]]
information available to the on-board computer: Diagnostic trouble
codes, engine coolant temperature, fuel control system status (closed
loop, open loop, other), fuel trim, ignition timing advance, intake air
temperature, manifold air pressure, air flow rate, engine RPM, throttle
position sensor output value, secondary air status (upstream,
downstream, or atmosphere), calculated load value, vehicle speed, and
fuel pressure. The signals shall be provided in standard units based on
SAE specifications incorporated by reference in paragraph (h) of this
section. Actual signals shall be clearly identified separately from
default value or limp home signals.
(3) For all emission control systems for which specific on-board
evaluation tests are conducted (catalyst, oxygen sensor, etc.), the
results of the most recent test performed by the vehicle, and the
limits to which the system is compared shall be available through the
standardized data link connector per SAE J1979 specifications as
incorporated by reference in paragraph (h) of this section.
(4) Access to the data required to be made available under this
section shall be unrestricted and shall not require any access codes or
devices that are only available from the manufacturer.
(g) The emission control diagnostic system is not required to
evaluate systems or components during malfunction conditions if such
evaluation would result in a risk to safety or failure of systems or
components. Additionally, the diagnostic system is not required to
evaluate systems or components during operation of a power take-off
unit such as a dump bed, snow plow blade, or aerial bucket, etc.
(h) Incorporation by reference materials. The emission control
diagnostic system shall provide for standardized access and conform
with the following Society of Automotive Engineers (SAE) standards and/
or the following International Standards Organization (ISO) standards.
The following documents are incorporated by reference. This
incorporation by reference was approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies
may be inspected at Docket No. A-90-35 at EPA's Air docket (LE-131),
room 1500 M, 1st Floor, Waterside Mall, 401 M Street, SW., Washington,
DC, or at the Office of the Federal Register, 800 North Capitol Street,
NW., suite 700, Washington, DC.
(1) SAE material. Copies of these materials may be obtained from
the Society of Automotive Engineers, Inc., 400 Commonwealth Drive,
Warrendale, PA 15096-0001.
(i) SAE J1850 ``Class B Data Communication Network Interface,''
(July 1995) shall be used as the on-board to off-board communications
protocol. All emission related messages sent to the scan tool over a
J1850 data link shall use the Cyclic Redundancy Check and the three
byte header, and shall not use inter-byte separation or checksums.
(ii) Basic diagnostic data (as specified in Secs. 86.094-17(e) and
(f)) shall be provided in the format and units in SAE J1979 July 1996
E/E Diagnostic Test Modes.''
(iii) Diagnostic trouble codes shall be consistent with SAE J2012
July 1996 ``Recommended Practices for Diagnostic Trouble Code
Definitions.''
(iv) The connection interface between the OBD system and test
equipment and diagnostic tools shall meet the functional requirements
of SAE J1962 January 1995 ``Diagnostic Connector.''
(2) ISO materials. Copies of these materials may be obtained from
the International Organization for Standardization, Case Postale 56,
CH-1211 Geneva 20, Switzerland.
(i) ISO 9141-2 February 1994 ``Road vehicles--Diagnostic systems--
Part 2: CARB requirements for interchange of digital information,'' may
be used as an alternative to SAE J1850 as the on-board to off-board
communications protocol.
(ii) [Reserved]
(i) Deficiencies and alternate fueled vehicles. Upon application by
the manufacturer, the Administrator may accept an OBD system as
compliant even though specific requirements are not fully met. Such
compliances without meeting specific requirements, or deficiencies,
will be granted only if compliance would be infeasible or unreasonable
considering such factors as, but not limited to, technical feasibility
of the given monitor, lead time and production cycles including phase-
in or phase-out of engines or vehicle designs and programmed upgrades
of computers, and if any unmet requirements are not carried over from
the previous model year except where unreasonable hardware or software
modifications would be necessary to correct the non-compliance, and the
manufacturer has demonstrated an acceptable level of effort toward
compliance as determined by the Administrator. Furthermore, EPA will
not accept any deficiency requests that include the complete lack of a
major diagnostic monitor (``major'' diagnostic monitors being those for
the catalyst, oxygen sensor, engine misfire, and evaporative leaks),
with the possible exception of the special provisions for alternate
fueled vehicles. For alternate fueled vehicles (e.g. natural gas,
liquefied petroleum gas, methanol, ethanol), beginning with the model
year for which alternate fuel emission standards are applicable and
extending through the 2004 model year, manufacturers may request the
Administrator to waive specific monitoring requirements of this section
for which monitoring may not be reliable with respect to the use of the
alternate fuel. At a minimum, alternate fuel vehicles shall be equipped
with an OBD system meeting OBD requirements to the extent feasible as
approved by the Administrator.
(j) Demonstration of compliance with California OBD II requirements
(Title 13 California Code Sec. 1968.1), as modified pursuant to
California Mail Out #97-24 (December 9, 1997), shall satisfy the
requirements of this section, except that compliance with Title 13
California Code Secs. 1968.1(b)(4.2.2), pertaining to evaporative leak
detection, and 1968.1(d), pertaining to tampering protection, are not
required to satisfy the requirements of this section, and the
deficiency fine provisions of 1968.1(m)(6.1) and (6.2) shall not apply.
(k) For engine families required to have an emission control
diagnostic system (an OBD system), certification will not be granted
if, for any test vehicle approved by the Administrator in consultation
with the manufacturer, the malfunction indicator light does not
illuminate under any of the following circumstances, unless the
manufacturer can demonstrate that any identified OBD problems
discovered during the Administrator's evaluation will be corrected on
production vehicles. Only paragraphs (k)(5) and (k)(6) of this section
apply to diesel cycle vehicles and diesel cycle trucks where such
vehicles and trucks are so equipped.
(1) A catalyst is replaced with a deteriorated or defective
catalyst, or an electronic simulation of such, resulting in an increase
of 1.5 times the NMHC standard above the NMHC emission level measured
using a representative 4000 mile catalyst system.
(2) An engine misfire condition is induced resulting in exhaust
emissions exceeding 1.5 times the applicable standards for NMHC, CO or
NOX.
(3) Any oxygen sensor is replaced with a deteriorated or defective
oxygen sensor, or an electronic simulation of such, resulting in
exhaust emissions exceeding 1.5 times the applicable standard for NMHC,
CO or NOX.
(4) A vapor leak is introduced in the evaporative and/or refueling
system (excluding the tubing and connections between the purge valve
and the intake
[[Page 23934]]
manifold) greater than or equal in magnitude to a leak caused by a
0.040 inch diameter orifice, or the evaporative purge air flow is
blocked or otherwise eliminated from the complete evaporative emission
control system.
(5) A malfunction condition is induced in any emission-related
powertrain system or component, including but not necessarily limited
to, the exhaust gas recirculation (EGR) system, if equipped, the
secondary air system, if equipped, and the fuel control system,
singularly resulting in exhaust emissions exceeding 1.5 times the
applicable emission standard for NMHC, CO or NOX.
(6) A malfunction condition is induced in an electronic emission-
related powertrain system or component not otherwise described above
that either provides input to or receives commands from the on-board
computer resulting in a measurable impact on emissions.
Sec. 86.1807-01 Vehicle labeling.
(a) The manufacturer of any motor vehicle subject to the applicable
emission standards of this subpart, shall, at the time of manufacture,
affix a permanent legible label, of the type and in the manner
described in this section, containing the information prescribed in
this section, to all production models of such vehicles available for
sale to the public and covered by a Certificate of Conformity under
Sec. 86.1848-01.
(1) A permanent, legible label shall be affixed in a readily
visible position in the engine compartment.
(2) The label shall be affixed by the vehicle manufacturer who has
been issued the Certificate of Conformity for such vehicle, in such
manner that it cannot be removed without destroying or defacing the
label. The label shall not be affixed to any equipment which is easily
detached from such vehicle.
(3) The label shall contain the following information lettered in
the English language in block letters and numerals, which shall be of a
color that contrasts with the background of the label:
(i) The label heading: Vehicle Emission Control Information;
(ii) Full corporate name and trademark of manufacturer;
(iii) Engine displacement (in cubic inches or liters), test group
identification and evaporative/refueling family identification;
(iv) Engine tune-up specifications and adjustments, as recommended
by the manufacturer in accordance with the applicable emission
standards, including but not limited to idle speed(s), ignition timing,
the idle air-fuel mixture setting procedure and value (e.g., idle CO,
idle air-fuel ratio, idle speed drop), high idle speed, initial
injection timing and valve lash (as applicable), as well as other
parameters deemed necessary by the manufacturer. These specifications
should indicate the proper transmission position during tune-up and
what accessories (e.g., air conditioner), if any, should be in
operation;
(v) An unconditional statement of compliance with the appropriate
model year U.S. EPA regulations which apply to light-duty vehicles or
light-duty trucks;
(vi) The exhaust emission standards to which the test group is
certified, and the corresponding exhaust emission standards which the
test group must meet in-use. In lieu of this requirement, the
standardized test group name designated by the Agency may be used;
(vii) The vacuum hose routing diagram is required if the vehicles
are equipped with vacuum actuated emission and emission-related
components. The manufacturer may, at its option, use a separate label
for the vacuum hose diagram provided that the vacuum hose diagram is
placed in a visible and accessible position as described in this
section;
(viii) Vehicles granted final admission under 40 CFR 85.1505 must
comply with the labeling requirements contained in 40 CFR 85.1510;
(ix) (A) For vehicles exempted from compliance with certain revised
performance warranty procedures, as specified in Sec. 86.1829-
01(b)(4)(iii), a statement indicating the specific performance warranty
test(s) of 40 CFR part 85, subpart W, not to be performed.
(B) For vehicles exempted from compliance with all revised
performance warranty procedures, as specified in Sec. 86.1829-
01(b)(4)(iv), a statement indicating:
(1) That none of the performance warranty tests of 40 CFR part 85,
subpart W, is to be performed; and
(2) The name of the Administrator-approved alternative test
procedure to be performed;
(x) For vehicles designed to be capable of operating on fuels other
than gasoline or diesel, the statement ``This vehicle is certified to
operate on [specify fuel(s)]''.
(b) The provisions of this section shall not prevent a manufacturer
from also reciting on the label that such vehicle (or engine) conforms
to any applicable state emission standards for new motor vehicles (or
new motor vehicle engines) or any other information that such
manufacturer deems necessary for, or useful to, the proper operation
and satisfactory maintenance of the vehicle (or engine).
(c)(1) The manufacturer of any light-duty vehicle or light-duty
truck subject to the emission standards of this subpart shall, in
addition and subsequent to setting forth those statements on the label
required by the Department of Transportation (DOT) pursuant to 49 CFR
567.4, set forth on the DOT label or on an additional label located in
proximity to the DOT label and affixed as described n 49 CFR 567.4(b),
the following information in the English language, lettered in block
letters and numerals not less than three thirty-seconds of an inch
high, of a color that contrasts with the background of the label:
(i) The heading: ``Vehicle Emission Control Information.''
(ii)(A) For light-duty vehicles, the statement: ``This Vehicle
Conforms to U.S. EPA Regulations Applicable to XXX-Fueled 20XX Model
Year New Motor Vehicles.''
(B) For light-duty trucks, the statement: ``This Vehicle Conforms
to U.S. EPA Regulations Applicable to XXX-Fueled 20XX Model Year New
Light-Duty Trucks.''
(iii) One of the following statements, as applicable, in letters
and numerals not less than six-thirty-seconds of an inch high and of a
color that contrasts with the background of the label:
(A) For all vehicles certified as noncatalyst-equipped: ``NON-
CATALYST'';
(B) For all vehicles certified as catalyst-equipped which are
included in a manufacturer's catalyst control program for which
approval has been given by the Administrator: ``CATALYST--APPROVED FOR
IMPORT'';
(C) For all vehicles certified as catalyst-equipped which are not
included in a manufacturer's catalyst control program for which prior
approval has been given by the Administrator: ``CATALYST''.
(2) In lieu of selecting either of the labeling options of
paragraph (c)(1) of this section, the manufacturer may add the
information required by paragraph (c)(1)(iii) of this section to the
label required by paragraph (a) of this section. The required
information will be set forth in the manner prescribed by paragraph
(c)(1)(iii) of this section.
(d) Incomplete light-duty trucks shall have the following prominent
statement printed on the label required by paragraph (a)(3)(v) of this
section: ``This vehicle conforms to U.S. EPA regulations applicable to
20xx Model year Light-Duty Trucks under the
[[Page 23935]]
special provisions of Sec. 86.1801-01(c)(1) when it does not exceed XXX
pounds in curb weight, XXX pounds in gross vehicle weight rating, and
XXX square feet in frontal area.''
(e) The manufacturer of any incomplete light-duty vehicle or light-
duty truck shall notify the purchaser of such vehicle of any curb
weight, frontal area, or gross vehicle weight rating limitations
affecting the emission certificate applicable to that vehicle. This
notification shall be transmitted in a manner consistent with National
Highway Safety Administration safety notification requirements
published in 49 CFR part 568.
(f) All light-duty vehicles and light-duty trucks shall comply with
SAE Recommended Practices J1877 ``Recommended Practice for Bar-Coded
Vehicle Identification Number Label,'' (October 1993), and J1892
``Recommended Practice for Bar-Coded Vehicle Emission Configuration
Label,'' (July 1994). SAE J1877 and J1892 are incorporated by
reference. This incorporation by reference was approved by the Director
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
Part 51. Copies may be obtained from the Society of Automotive
Engineers, Inc., 400 Commonwealth Drive, Warrendale, PA 15096-0001.
Copies may be inspected at Docket No. A-90-35 at EPA's Air Docket (LE-
131), room 1500M, 1st Floor, Waterside Mall, 401 M Street, SW.,
Washington, DC, or at the Office of the Federal Register, 800 North
Capitol Street, NW., suite 700, Washington, DC.
(g) The Administrator may approve in advance other label formats
provided the information contained on the label is substantively the
same as that required in paragraph (c) of this section.
Sec. 86.1808-01 Maintenance instructions.
(a) The manufacturer shall furnish or cause to be furnished to the
purchaser of each new motor vehicle subject to the standards prescribed
in this subpart, as applicable, written instructions for the proper
maintenance and use of the vehicle, by the purchaser consistent with
the provisions of Sec. 86.1834-01, which establishes what scheduled
maintenance the Administrator approves as being reasonable and
necessary.
(1) The maintenance instructions required by this section shall be
in clear, and to the extent practicable, nontechnical language.
(2) The maintenance instructions required by this section shall
contain a general description of the documentation which the
manufacturer will require from the ultimate purchaser or any subsequent
purchaser as evidence of compliance with the instructions.
(b) Instructions provided to purchasers under paragraph (a) of this
section shall specify the performance of all scheduled maintenance
performed by the manufacturer on certification durability vehicles and,
in cases where the manufacturer performs less maintenance on
certification durability data vehicles than the allowed limit, may
specify the performance of any scheduled maintenance allowed under
Sec. 86.1834-01.
(c) Scheduled emission-related maintenance in addition to that
performed under Sec. 86.1834-01 may only be recommended to offset the
effects of abnormal in-use operating conditions, except as provided in
paragraph (d) of this section. The manufacturer shall be required to
demonstrate, subject to the approval of the Administrator, that such
maintenance is reasonable and technologically necessary to assure the
proper functioning of the emission control system. Such additional
recommended maintenance shall be clearly differentiated, in a form
approved by the Administrator, from that approved under Sec. 86.1834-
01.
(d) Inspections of emission-related parts or systems with
instructions to replace, repair, clean, or adjust the parts or systems
if necessary, are not considered to be items of scheduled maintenance
which insure the proper functioning of the emission control system.
Such inspections, and any recommended maintenance beyond that approved
by the Administrator as reasonable and necessary under paragraphs (a),
(b), and (c) of this section, may be included in the written
instructions furnished to vehicle owners under paragraph (a) of this
section, provided that such instructions clearly state, in a form
approved by the Administrator, that the owner need not perform such
inspections or recommended maintenance in order to maintain the
emission warranty or manufacturer recall liability.
(e) If the vehicle has been granted an alternative useful life
period under the provisions of Sec. 86.1805-01(c), the manufacturer may
choose to include in such instructions an explanation of the
distinction between the alternative useful life specified on the label,
and the emissions defect and emissions performance warranty period. The
explanation must clearly state that the useful life period specified on
the label represents the average period of use up to retirement or
rebuild for the test group represented by the engine used in the
vehicle. An explanation of how the actual useful lives of engines used
in various applications are expected to differ from the average useful
life may be included. The explanation(s) shall be in clear, non-
technical language that is understandable to the ultimate purchaser.
(f) Emission control diagnostic service information:
(1) Manufacturers shall furnish or cause to be furnished to any
person engaged in the repairing or servicing of motor vehicles or motor
vehicle engines, or the Administrator upon request, any and all
information needed to make use of the on-board diagnostic system and
such other information, including instructions for making emission-
related diagnosis and repairs, including, but not limited to, service
manuals, technical service bulletins, recall service information, data
stream information, bi-directional control information, and training
information, unless such information is protected by section 208(c) as
a trade secret. No such information may be withheld under section
208(c) of the Act if that information is provided (directly or
indirectly) by the manufacturer to franchised dealers or other persons
engaged in the repair, diagnosing, or servicing of motor vehicles or
motor vehicle engines.
(2) Emission-related information includes, but is not limited to:
(i) Information regarding any system, component or part of a
vehicle that controls emissions and any system, components and/or parts
associated with the powertrain system, including, but not limited to,
the fuel system and ignition system;
(ii) Information for any system, component, or part that is likely
to impact emissions, such as transmission systems; and
(iii) Any other information specified by the Administrator to be
relevant for the diagnosis and repair of an emission failure found
through the Inspection and Maintenance program, after such finding has
been communicated to the affected manufacturer(s).
(3) All information required to be made available by this section
shall be made available to persons referred to in this section at a
fair and reasonable price, as determined by the Administrator. In
reaching a decision, the Administrator shall consider all relevant
factors, including, but not limited to, the cost to the manufacturer of
preparing and/or providing the information, the type of information,
the format in which it is provided, the price charged by other
manufacturers for similar information, the differences that exist among
manufacturers (e.g., the size
[[Page 23936]]
of the manufacturer), the quantity of material contained in a
publication, the detail of the information, the cost of the information
prior to August 9, 1995, volume discounts, and inflation.
(4) Any information which is not provided at a fair and reasonable
price shall be considered unavailable. Manufacturers shall make the
information required under this section available to persons specified
in paragraph (f)(1) of this section at the same time it is made
available to dealerships, except as otherwise specified in this
section.
(5) Each manufacturer shall provide in a manner specified in
paragraph (g)(9) of this section an index of the information required
to be made available by this section for vehicles which have been
offered for sale; this requirement does not apply to indirect
information, including the information specified in paragraph (g)(10)
of this section. This index shall:
(i) Be updated on the first and third Monday of each month;
(ii) Provide titles that either adequately describes the contents
of the document to which it refers or provides a brief description of
the information contained in that document; and
(iii) Provide the cost of information and where it can be obtained.
(6) Manufacturers shall make the information required under this
section available to persons specified in paragraph (f)(1) of this
section at the same time it is made available to dealerships, except as
otherwise specified in this section.
(7) Each manufacturer shall maintain the index of information
specified in paragraph (f)(5) of this section on FedWorld or other
database designated by the Administrator. Manufacturers shall inform
persons specified in paragraph (f)(1) of this section about the
availability of the index in a manner prescribed by the Administrator.
(8) Each manufacturer shall be responsible for paying its pro rata
share of any costs associated with establishing and maintaining the
index of emission-related service and repair information provided for
in paragraphs (f)(5) and (f)(7) of this section.
(9) Manufacturers or their designated distributors must mail
requested information within one business day of receiving an order,
and shall provide overnight delivery if the ordering party requests it
and assumes the cost of delivery.
(10) All emission-related data stream information made available to
manufacturers' franchised dealerships (or others in the service
industry) shall be made available to the persons indicated in paragraph
(f)(1) of this section either through provision of manufacturer
equipment and tools or through provision of such information to
equipment and tool manufacturers.
(11) A manufacturer shall only provide bi-directional control to
its franchised dealerships if it provides equipment and tool
manufacturers with information to make diagnostic equipment with the
same bi-directional control capabilities available to the dealerships,
or if it provides such capabilities directly to persons specified in
paragraph (f)(1) of this section by offering for sale at a reasonable
cost through manufacturer tools.
(12) Manufacturers shall make data stream information and bi-
directional control information available as specified in paragraphs
(f)(10) and (f)(11) of this section.
(13) Manufacturers shall make available to persons indicated in
paragraph (f)(1) of this section in the manner described in paragraph
(f)(16) of this section reprogramming capability for all emission-
related reprogramming events (including driveability reprogramming
events that may affect emissions) that are issued by manufacturers at
the same time they are made available to dealerships.
(14) For all vehicles, reprogramming need not be provided for any
recalibrations performed prior to vehicles entering the stream of
commerce (i.e., sale to first purchaser).
(15) [Reserved]
(16) Manufacturers shall either offer for sale at a competitive
market price a reprogramming tool that interfaces with a substantial
majority of generic portable computers or make available to aftermarket
tool and equipment companies information that would enable them to
manufacture such a tool. Any method adopted by a manufacturer by which
reprogramming is made available to persons specified in paragraph
(f)(1) of this section shall not impose a significant burden on such
providers beyond that experienced by dealerships.
(17) Manufacturers shall be responsible for ensuring that persons
specified in paragraph (f)(1) of this section shall have access to
reprogramming services at a reasonable cost and in a timely manner.
(18) Manufacturers shall provide persons specified in paragraph
(f)(1) of this section with an efficient and cost-effective method for
identifying whether the calibrations on vehicles are the latest to be
issued.
(19) Manufacturers shall either make available to aftermarket tool
and equipment companies no later than the date of model introduction
any and all information, except calibrations and recalibrations, needed
to develop and manufacture generic tools that can be used by persons
specified in paragraph (f)(1) of this section to diagnose, service and
repair emission-related parts, components and systems or manufacturers
may sell their own diagnostic tools and equipment to persons specified
in paragraph (f)(1) of this section if the price of such tools is
reasonable.
(20) A manufacturer is subject to a penalty of up to $25,000 per
day per violation for failure to make available the information
required by this section.
Sec. 86.1809-01 Prohibition of defeat devices.
(a) No new light-duty vehicle or light-duty truck shall be equipped
with a defeat device.
(b) The Administrator may test or require testing on any vehicle at
a designated location, using driving cycles and conditions which may
reasonably be expected to be encountered in normal operation and use,
for the purposes of investigating a potential defeat device.
(c) For cold temperature CO emission control, the Administrator
will use a guideline to determine the appropriateness of the CO
emission control at ambient temperatures between 25 deg. F (-4 deg. C)
and 68 deg. F (20 deg. C). The guideline for CO emission congruity
across the intermediate temperature range is the linear interpolation
between the CO standard applicable at 25 deg. F (-4 deg. C) and the CO
standard applicable at 68 deg. F (20 deg. C). For vehicles that exceed
this CO emissions guideline upon intermediate temperature cold testing:
(1) If the CO emission level is greater than the 20 deg. F (-7 deg.
C) emission standard, the vehicle will automatically be considered to
be equipped with a defeat device without further investigation.
(2) If the CO emission level does not exceed the 20 deg. F emission
standard, the Administrator may investigate the vehicle design for the
presence of a defeat device under paragraph (d) of this section.
(d) For vehicle designs designated by the Administrator to be
investigated for possible defeat devices:
(1) The manufacturer must show to the satisfaction of the
Administrator that the vehicle design does not incorporate strategies
that unnecessarily reduce emission control effectiveness exhibited
during the Federal or Supplemental Federal emissions test procedures
(FTP or SFTP) when the vehicle is operated
[[Page 23937]]
under conditions which may reasonably be expected to be encountered in
normal operation and use.
(2) Information requirements:
(i) Upon request by the Administrator, the manufacturer will
provide an explanation containing detailed information regarding test
programs, engineering evaluations, design specifications, calibrations,
on-board computer algorithms, and design strategies incorporated for
operation both during and outside of the Federal emission test
procedure.
(ii) For purposes of investigations of possible cold temperature CO
defeat devices under this paragraph (d), the manufacturer shall provide
an explanation which must show, to the satisfaction of the
Administrator, that CO emissions are reasonably controlled in reference
to the linear guideline, across the intermediate temperature range.
Sec. 86.1810-01 General standards; increase in emissions; unsafe
conditions; waivers.
This section applies to model year 2001 and later light-duty
vehicles and light-duty trucks fueled by gasoline, diesel, methanol,
natural gas and liquefied petroleum gas fuels. Multi-fueled vehicles
(including dual-fueled and flexible-fueled vehicles) shall comply with
all requirements established for each consumed fuel (or blend of fuels
in the case of flexible fueled vehicles). The standards of this subpart
apply to both certification and in-use vehicles unless otherwise
indicated.
(a) Any device, system or element of design installed on or
incorporated in a new motor vehicle to enable such vehicle to conform
to the standards imposed by this subpart:
(1) Shall not in its operation or function cause the emission into
the ambient air of any noxious or toxic substance that would not be
emitted in the operation of such vehicle without such system, except as
specifically permitted by regulation; and
(2) Shall not in its operation, function or malfunction result in
any unsafe condition endangering the vehicle, its occupants, or persons
or property in close proximity to the vehicle.
(b) In establishing the physically adjustable range of each
adjustable parameter on a new motor vehicle, the manufacturer shall
ensure that, taking into consideration the production tolerances, safe
vehicle drive ability characteristics are available within that range,
as required by section 202(a)(4) of the Clean Air Act.
(c) Every manufacturer of new motor vehicles subject to any of the
standards imposed by this subpart shall, prior to taking any of the
actions specified in section 203(a)(1) of the Act, test or cause to be
tested motor vehicles (or motor vehicle engines) in accordance with
good engineering judgment to ascertain that such test vehicles will
meet the requirements of this section for the useful life of the
vehicle.
(d) Crankcase emissions prohibited. No crankcase emissions shall be
discharged into the ambient atmosphere from any 2001 and later model
year light-duty vehicle or light-duty truck.
(e) On-board diagnostics. All light-duty vehicles and light-duty
trucks must have an on-board diagnostic system as described in
Sec. 86.1806-01.
(f) Altitude requirements. Except for supplemental exhaust emission
standards (which apply only at low altitude conditions), all emission
standards apply at low altitude conditions and at high altitude
conditions.
(g) The standards set forth in this part refer to test procedures
set forth in subparts B, C, O and P of this part.
(h) For methanol-fueled and natural gas-fueled vehicles,
hydrocarbon standards refer to hydrocarbon equivalents and nonmethane
hydrocarbon standards refer to nonmethane hydrocarbon equivalents.
(i) Supplemental FTP general provisions. (1) Implementation
schedules. A minimum of the percentage of a manufacturer's model year
sales of light-duty vehicles or light light-duty trucks (considered
independently) shown in Table S01-1 and heavy light-duty trucks shown
in Table S01-2 shall not exceed the applicable SFTP standards found in
paragraph (b) of Secs. 86.1811-01, 1812-01, 1813-01, 1814-02, and 1815-
02 when tested under the applicable procedures in subpart B of this
part. Tables S01-1 and S01-2 follow:
Table S01-1.--SFTP Implementation Schedule for Light-Duty Vehicles and
Light Light-Duty Trucks
------------------------------------------------------------------------
Model year Percentage
------------------------------------------------------------------------
2000...................................................... 40
2001...................................................... 80
2002...................................................... 100
------------------------------------------------------------------------
Table S01-2.--SFTP Implementation Schedule for Heavy Light-Duty Trucks
------------------------------------------------------------------------
Model year Percentage
------------------------------------------------------------------------
2002...................................................... 40
2003...................................................... 80
2004...................................................... 100
------------------------------------------------------------------------
(2) Optionally, a minimum of the percentage shown in Table S01-1 of
a manufacturer's combined sales of the applicable model year's light-
duty vehicles and light light-duty trucks shall not exceed the
applicable SFTP standards. Under this option, the light-duty vehicles
shall not exceed the applicable SFTP standards in Sec. 86.1811-01(b),
and the light light-duty trucks shall not exceed the applicable SFTP
standards in Sec. 86.1812-01(b) or Sec. 86.1813-01(b) as applicable.
(3) Sales percentages for the purposes of determining compliance
with the applicable SFTP emission standards 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 (i)(2) of this section is taken, such sales percentages
shall be based on the total actual combined U.S. sales of light-duty
vehicles and light light-duty trucks of the applicable model year by a
manufacturer to a dealer, distributor, fleet operator, broker, or any
other entity which comprises the point of first sale.
(4) The SFTP standards do not apply to vehicles or trucks certified
on alternative fuels, but the standards do apply to the gasoline and
diesel fuel operation of flexible fuel vehicles and trucks and dual
fuel vehicles and trucks.
(5) The SFTP standards do not apply to vehicles or trucks tested at
high altitude.
(6) The air to fuel ratio shall not be richer at any time than the
leanest air to fuel mixture required to obtain maximum torque (lean
best torque), plus a tolerance of six percent. The Administrator may
approve a manufacturer's request for additional enrichment if it can be
shown that additional enrichment is needed to protect the engine or
emissions control hardware.
(7) The requirement to use a single roll dynamometer (or a
dynamometer which produces equivalent results), discussed in
Secs. 86.108-00, 86.118-00, and 86.129-00 of subpart B of this part,
applies to all SFTP and FTP test elements as set forth in subpart B of
this part for test groups which are designated as SFTP compliant under
the implementation schedules in Tables
[[Page 23938]]
S01-1 and S01-2 in paragraph (i)(1) of this section.
(8) Small volume provisions. (i) Light-duty vehicles and light
light-duty trucks manufactured by small volume manufacturers, as
described in Sec. 86.1801-01(d), are exempt from the requirements of
this paragraph until model year 2002, when 100 percent compliance with
the provisions of this paragraph (i) and the SFTP standards in
Sec. 86.1811-01(b) and Sec. 86.1812-01(b) is required. This exemption
does not apply to small volume test groups as defined in Sec. 86.1838-
01(b)(2).
(ii) Heavy light-duty trucks manufactured by small volume
manufacturers, as defined in Sec. 86.1801-01, are exempt from the
requirements of this paragraph (i) until model year 2004 when 100
percent compliance with the provisions of this paragraph and the SFTP
standards in Secs. 86.1814-02(b) and 86.1815-02(b) is required. This
exemption does not apply to small volume test groups as defined in
Sec. 86.1838-01(b)(2).
(9) [Reserved]
(10) 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 test groups will be used to attain the required
implementation schedule sales percentages for certification purposes.
(11) A manufacturer cannot use one set of test groups to meet its
intermediate useful life standards and another to meet its full useful
life standards. The same test groups which are used to meet the
intermediate useful life standards will be required to meet the
corresponding full useful life standards.
(12) Compliance with composite standards shall be demonstrated
using the calculations set forth in Sec. 86.164-00.
(j) Evaporative emissions general provisions. (1) The evaporative
standards in Secs. 86.1811-01(d), 86.1812-01(d), 86.1813-01(d),
86.1814-01(d) and 86.1815-01(d) apply equally to certification and in-
use vehicles and trucks. The spitback standard also applies to newly
assembled vehicles.
(2) For certification testing only, manufacturers may conduct
testing to quantify a level of non-fuel background emissions for an
individual test vehicle. Such a demonstration must include a
description of the source(s) of emissions and an estimated decay rate.
The demonstrated level of non-fuel background emissions may be
subtracted from evaporative emission test results from certification
vehicles if approved in advance by the Administrator.
(3) All fuel vapor generated in a gasoline- or methanol-fueled
light-duty vehicle or light-duty truck during in-use operation shall be
routed exclusively to the evaporative control system (e.g., either
canister or engine purge.) The only exception to this requirement shall
be for emergencies.
(k) Refueling emissions general provisions. (1) Implementation
schedules. (i) Tables S01-3, S01-4, and S01-5 in this paragraph
(k)(1)(i) give the minimum percentage of a manufacturer's sales of the
applicable model year's gasoline- and methanol-fueled Otto-cycle and
petroleum-fueled and methanol-fueled diesel-cycle light-duty vehicles
and light-duty trucks which shall be tested under the applicable
procedures in subpart B of this part, and shall not exceed the
standards described in Secs. 86.1811-01(e), 86.1812-01(e), 86.1813-
01(e), 86.1814-01(e). Vehicles waived from the emission standards under
the provisions of paragraphs (m) and (n) of this section shall not be
counted in the calculation of the percentage of compliance. Tables S01-
3, S01-4, and S01-5 follow:
Table S01-3--Light-Duty Vehicles
------------------------------------------------------------------------
Model year Percentage
------------------------------------------------------------------------
1998 a.................................................... 40
1999 a.................................................... 80
2000 a.................................................... 100
------------------------------------------------------------------------
a Note: This subpart prescribes standards for 2001 and later MY
vehicles. However, the implementation phase-in periods prior to this
date are included for ease of reference.
Table S01-4--Light Light-Duty Trucks
------------------------------------------------------------------------
Model year Percentage
------------------------------------------------------------------------
2001...................................................... 40
2002...................................................... 80
2003...................................................... 100
------------------------------------------------------------------------
Table S01-5--Heavy Light-Duty Trucks
------------------------------------------------------------------------
Model year Percentage
------------------------------------------------------------------------
2004...................................................... 40
2005...................................................... 80
2006...................................................... 100
------------------------------------------------------------------------
(ii) Either manufacturer sales or actual production intended for
sale in the United States may be used to determine combined volume, at
the manufacturers option.
(2) Sales percentages for the purposes of determining compliance
with the applicable refueling emission standards shall be based on
total actual U.S. sales of light-duty vehicles or 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.
(3) Refueling receptacle requirements. Refueling receptacles on
natural gas-fueled vehicles shall comply with the receptacle provisions
of the ANSI/AGA NGV1-1994 standard (as incorporated by reference in
Sec. 86.1(b)(3)). This requirement is subject to the phase-in schedules
in Tables S01-3 and S01-4 of paragraph (k)(1)(i) of this section.
(l) Fuel dispensing spitback testing waiver. (1) Vehicles certified
to the refueling emission standards set forth in Secs. 86.1811-01(e),
86.1812-01(e) and 86.1813-01(e) are not required to demonstrate
compliance with the fuel dispensing spitback standard contained in that
section provided that:
(i) The manufacturer certifies that the vehicle inherently meets
the fuel dispensing spitback standard as part of compliance with the
refueling emission standard; and
(ii) This certification is provided in writing and applies to the
full useful life of the vehicle.
(2) EPA retains the authority to require testing to enforce
compliance and to prevent noncompliance with the fuel dispensing
spitback standard.
(m) Inherently low refueling emission testing waiver. (1) Vehicles
using fuels/fuel systems inherently low in refueling emissions are not
required to conduct testing to demonstrate compliance with the
refueling emission standards set forth in Secs. 86.1811-01(e), 86.1812-
01(e) and 86.1813-01(e) provided that:
(i) This provision is only available for petroleum diesel fuel. It
is only available if the Reid Vapor Pressure of in-use diesel fuel is
equal to or less than 1 psi (7 kPa) and for diesel vehicles whose fuel
tank temperatures do not exceed 130 deg.F (54 deg. C); and
(ii) To certify using this provision the manufacturer must attest
to the following evaluation: ``Due to the low vapor pressure of diesel
fuel and the vehicle tank temperatures, hydrocarbon vapor
concentrations are low and the vehicle meets the 0.20 grams/gallon
refueling emission standard without a control system.''
(2) The certification required in paragraph (m)(1)(ii) of this
section must be provided in writing and must apply for the full useful
life of the vehicle.
(3) EPA reserves the authority to require testing to enforce
compliance and to prevent noncompliance with the refueling emission
standard.
(n) Fixed liquid level gauge waiver. Liquefied petroleum gas-fueled
vehicles which contain fixed liquid level gauges or other gauges or
valves which can be
[[Page 23939]]
opened to release fuel or fuel vapor during refueling, and which are
being tested for refueling emissions, are not required to be tested
with such gauges or valves open, as outlined in Sec. 86.157-98(d)(2),
provided the manufacturer can demonstrate, to the satisfaction of the
Administrator, that such gauges or valves would not be opened during
refueling in-use due to inaccessibility or other design features that
would prevent or make it very unlikely that such gauges or valves could
be opened.
Sec. 86.1811-01 Emission standards for light-duty vehicles.
This section applies to 2001 and later model year light-duty
vehicles fueled by gasoline, diesel, methanol, natural gas and
liquefied petroleum gas fuels except as noted. Multi-fueled vehicles
shall comply with all requirements established for each consumed fuel.
For methanol fueled vehicles, references in this section to total
hydrocarbons shall mean total hydrocarbon equivalents and references to
non-methane hydrocarbons shall mean non-methane hydrocarbon
equivalents.
(a) Exhaust emission standards. (1) Exhaust emissions shall not
exceed the following standards at intermediate useful life:
(i) Total hydrocarbons: 0.41 grams per mile, except natural gas,
which has no standard.
(ii) Non-methane hydrocarbons: 0.25 grams per mile.
(iii) Carbon monoxide: 3.4 grams per mile.
(iv) Oxides of nitrogen: 0.4 grams per mile except diesel fuel
which has a 1.0 gram per mile standard.
(v) Particulate matter: 0.08 grams per mile.
(2) Exhaust emissions shall not exceed the following standards at
full useful life:
(i) [Reserved]
(ii) Non-methane hydrocarbons: 0.31 grams per mile.
(iii) Carbon monoxide: 4.2 grams per mile.
(iv) Oxides of nitrogen: 0.6 grams per mile except diesel fuel
which has a 1.25 gram per mile standard.
(v) Particulate matter: 0.10 grams per mile.
(b) Supplemental exhaust emission standards. (1) Supplemental
exhaust emissions from gasoline-fueled and diesel-fueled light-duty
vehicles shall not exceed the following standards at intermediate
useful life:
(i) Nonmethane hydrocarbon and oxides of nitrogen composite: 0.65
grams per mile except diesel fuel which has a 1.48 gram per mile
standard.
(ii) Carbon monoxide. Regulated vehicles shall meet at least one of
the following two sets of standards:
(A) Individual US06 and SC03 Air Conditioning compliance. Comply
with both the following standards:
(1) 3.0 grams per mile on the A/C test, not applicable to diesel
fueled vehicles; and
(2) 9.0 grams per mile on the US06 test; or
(B) Composite Carbon Monoxide Standard: 3.4 grams per mile.
(2) Supplemental exhaust emissions from gasoline-fueled and diesel-
fueled light-duty vehicles shall not exceed the following standards at
full useful life:
(i) Nonmethane hydrocarbon and oxides of nitrogen composite: 0.91
grams per mile except diesel-fueled which have a 2.07 gram per mile
standard.
(ii) Carbon monoxide. Regulated vehicles shall meet at least one of
the following two sets of standards:
(A) Individual US06 and SC03 Air Conditioning compliance. Comply
with both the following standards:
(1) 3.7 grams per mile on the A/C test, not applicable to diesel
fueled vehicles; and
(2) 11.1 grams per mile on the US06 test; or
(B) Composite Carbon Monoxide Standard: 4.2 grams per mile.
(c) Cold temperature emission standards. Exhaust emissions from
gasoline-fueled light-duty vehicles shall not exceed the cold
temperature CO standard of 10.0 grams carbon monoxide per mile for an
intermediate useful life of 50,000 miles.
(d) Evaporative emission standards. Evaporative emissions from
gasoline-fueled, natural gas-fueled, liquefied petroleum gas-fueled,
and methanol-fueled light-duty vehicles shall not exceed the following
standards. The standards apply equally to certification and in-use
vehicles. The spitback standard also applies to newly assembled
vehicles.
(1) Hydrocarbons.
(i) For the full three-diurnal test sequence, diurnal plus hot soak
measurements: 2.0 grams per test.
(ii) Gasoline and methanol-fueled only. For the supplemental two-
diurnal test sequence, diurnal plus hot soak measurements: 2.5 grams
per test.
(iii) Gasoline and methanol-fueled only. For the running loss test:
0.05 grams per mile.
(iv) Gasoline and methanol-fueled only. For the fuel dispensing
spitback test: 1.0 gram hydrocarbon (carbon for methanol-fueled) per
test.
(2) [Reserved]
(e) Refueling emissions. Refueling emissions from 2001 and later
model year light-duty vehicles shall not exceed the following
standards:
(1) For gasoline-fueled, diesel fueled, and methanol-fueled
vehicles: 0.20 grams hydrocarbon per gallon (0.053 gram per liter) of
fuel dispensed.
(2) For liquefied petroleum gas-fueled vehicles: 0.15 grams
hydrocarbon per gallon (0.04 gram per liter) of fuel dispensed.
(f) Certification short test. Certification short test emissions
from gasoline-fueled Otto-cycle light-duty vehicles shall not exceed
the following standards:
(1) Hydrocarbons: 100 ppm as hexane.
(2) Carbon monoxide: 0.5%.
Sec. 86.1812-01 Emission standards for light-duty trucks 1.
This section applies to 2001 and later model year light-duty truck
1's fueled by gasoline, diesel, methanol, natural gas and liquefied
petroleum gas fuels except as noted. Multi-fueled vehicles shall comply
with all requirements established for each consumed fuel. For methanol
fueled vehicles, references in this section to total hydrocarbons shall
mean total hydrocarbon equivalents and references to non-methane
hydrocarbons shall mean non-methane hydrocarbon equivalents.
(a) Exhaust emission standards. (1) Exhaust emissions shall not
exceed the following standards at intermediate useful life:
(i) [Reserved]
(ii) Non-methane hydrocarbons: 0.25 grams per mile.
(iii) Carbon monoxide: 3.4 grams per mile.
(iv) Oxides of nitrogen: 0.4 grams per mile except diesel fuel
which have a 1.0 gram per mile standard.
(v) Particulate matter: 0.08 grams per mile.
(2) Exhaust emissions from 2001 and later model year light-duty
truck 1's shall not exceed the following standards at full useful life:
(i) Total hydrocarbons: 0.80 grams per mile, except natural gas,
which has no standard. For purposes of this section, the full useful
life total hydrocarbon standard is for 11 years or 120,000 miles
whichever occurs first.
(ii) Non-methane hydrocarbons: 0.31 grams per mile.
(iii) Carbon monoxide: 4.2 grams per mile.
(iv) Oxides of nitrogen: 0.6 grams per mile except diesel fuel
which have a 1.25 gram per mile standard.
(v) Particulate matter: 0.10 grams per mile.
(b) Supplemental exhaust emission standards. (1) Supplemental
exhaust emissions from gasoline-fueled and
[[Page 23940]]
diesel-fueled light-duty truck 1's shall not exceed the following
standards at intermediate useful life:
(i) Nonmethane hydrocarbon and oxides of nitrogen composite: 0.65
grams per mile except diesel fuel which have a 1.48 gram per mile
standard.
(ii) Carbon monoxide. Regulated vehicles shall meet at least one of
the following two sets of standards:
(A) Individual US06 and SC03 Air Conditioning compliance. Comply
with both the following standards:
(1) 3.0 grams per mile on the A/C test, not applicable to diesel
fueled vehicles; and
(2) 9.0 grams per mile on the US06 test; or
(B) Composite Carbon Monoxide Standard: 3.4 grams per mile.
(2) Supplemental exhaust emissions from gasoline-fueled and diesel-
fueled light-duty vehicles shall not exceed the following standards at
full useful life:
(i) Nonmethane hydrocarbon and oxides of nitrogen composite: 0.91
grams per mile except diesel fuel which have a 2.07 gram per mile
standard.
(ii) Carbon monoxide. Regulated vehicles shall meet at least one of
the following two sets of standards:
(A) Individual US06 and SC03 Air Conditioning compliance. Comply
with both the following standards:
(1) 3.7 grams per mile on the A/C test, not applicable to diesel
fueled vehicles; and
(2) 11.1 grams per mile on the US06 test; or
(B) Composite Carbon Monoxide Standard: 4.2 grams per mile.
(c) Cold temperature emission standards. Exhaust emissions from
gasoline-fueled light-duty truck 1's with a loaded vehicle weight of
3,750 lbs or less shall not exceed the cold temperature CO standard of
10.0 grams carbon monoxide per mile for an intermediate useful life of
50,000 miles.
(d) Evaporative emissions. Evaporative emissions from gasoline-
fueled, natural gas-fueled, liquefied petroleum gas-fueled, and
methanol-fueled light-duty truck 1's shall not exceed the following
standards. The standards apply equally to certification and in-use
vehicles. The spitback standard also applies to newly assembled
vehicles.
(1) Hydrocarbons.
(i) For the full three-diurnal test sequence, diurnal plus hot soak
measurements: 2.0 grams per test.
(ii) Gasoline and methanol fuel only. For the supplemental two-
diurnal test sequence, diurnal plus hot soak measurements: 2.5 grams
per test.
(iii) Gasoline and methanol fuel only. Running loss test: 0.05
grams per mile.
(iv) Gasoline and methanol fuel only. Fuel dispensing spitback
test: 1.0 grams per test.
(2) [Reserved]
(e) Refueling emissions. Refueling emissions from light-duty truck
1's shall be phased in, in accordance with the schedule in table S01-4
of Sec. 86.1810-01 not to exceed the following emission standards:
(1) For gasoline-fueled, diesel-fueled and methanol-fueled
vehicles: 0.20 grams hydrocarbon per gallon (0.053 gram per liter) of
fuel dispensed.
(2) For liquefied petroleum gas-fueled vehicles: 0.15 grams
hydrocarbon per gallon (0.04 gram per liter) of fuel dispensed.
(f) Certification short test. Certification short test emissions
from gasoline-fueled Otto-cycle light-duty trucks shall not exceed the
following standards:
(1) Hydrocarbons: 100 ppm as hexane.
(2) Carbon monoxide: 0.5%.
(g) Idle exhaust emission standards. Exhaust emissions of carbon
monoxide from gasoline, methanol, natural gas-and liquefied petroleum
gas-fueled light-duty trucks shall not exceed 0.50 percent of exhaust
gas flow at curb idle for a useful life of 11 years or 120,000 miles,
whichever first occurs.
Sec. 86.1813-01 Emission standards for light-duty trucks 2.
This section applies to 2001 and later model year light-duty truck
2's fueled by gasoline, diesel, methanol, natural gas and liquefied
petroleum gas fuels except as noted. Multi-fueled vehicles shall comply
with all requirements established for each consumed fuel. For methanol
fueled vehicles, references in this section to total hydrocarbons shall
mean total hydrocarbon equivalents and references to non-methane
hydrocarbons shall mean non-methane hydrocarbon equivalents.
(a) Exhaust emissions. (1) Exhaust emissions shall not exceed the
following standards at intermediate useful life:
(i) [Reserved].
(ii) Non-methane hydrocarbons: 0.32 grams per mile.
(iii) Carbon monoxide: 4.4 grams per mile.
(iv) Oxides of nitrogen: 0.7 grams per mile except diesel fueled
vehicles which have no standard.
(v) Particulate matter: 0.08 grams per mile.
(2) Exhaust emissions shall not exceed the following standards at
full useful life:
(i) Total hydrocarbons: 0.80 grams per mile, except natural gas,
which has no standard. For purposes of this section, the full useful
life total hydrocarbon standard is for 11 years or 120,000 miles
whichever occurs first.
(ii) Non-methane hydrocarbons: 0.40 grams per mile.
(iii) Carbon monoxide: 5.5 grams per mile.
(iv) Oxides of nitrogen: 0.97 grams per mile.
(v) Particulate matter: 0.10 grams per mile.
(b) Supplemental exhaust emissions. (1) Supplemental exhaust
emissions from gasoline-fueled light-duty truck 2's shall not exceed
the following standards at intermediate useful life:
(i) Nonmethane hydrocarbon and oxides of nitrogen composite: 1.02
grams per mile.
(ii) Carbon monoxide. Regulated vehicles shall meet at least one of
the following two sets of standards:
(A) Individual US06 and SC03 Air Conditioning compliance. Comply
with both the following standards:
(1) 3.9 grams per mile on the A/C test, not applicable to diesel
fueled vehicles; and
(2) 11.6 grams per mile on the US06 test; or
(B) Composite Carbon Monoxide Standard: 4.4 grams per mile.
(2) Supplemental exhaust emissions from gasoline-fueled light-duty
truck 2's shall not exceed the following standards at full useful life:
(i) Nonmethane hydrocarbon and oxides of nitrogen composite: 1.37
grams per mile.
(ii) Carbon monoxide. Regulated vehicles shall meet at least one of
the following two sets of standards:
(A) Individual US06 and SC03 Air Conditioning compliance. Comply
with both the following standards:
(1) 4.9 grams per mile on the A/C test, not applicable to diesel
fueled vehicles; and
(2) 14.6 grams per mile on the US06 test; or
(B) Composite Carbon Monoxide Standard: 5.5 grams per mile.
(c) Cold temperature emission standards. Exhaust emissions from
gasoline-fueled light-duty truck 2's during cold temperature testing
shall not exceed a cold temperature CO standard of 12.5 grams per mile
for an intermediate useful life of 50,000 miles.
(d) Evaporative emissions. Evaporative emissions from gasoline-
fueled, natural gas-fueled, liquefied petroleum gas-fueled, and
methanol-fueled light-duty truck 2's shall not exceed the following
standards. The standards apply equally to certification and in-use
vehicles. The spitback standard also applies to newly assembled
vehicles.
(1) Hydrocarbons (Total Hydrocarbon Equivalent for methanol-
fueled).
[[Page 23941]]
(i) For the full three-diurnal test sequence, diurnal plus hot soak
measurements: 2.0 grams per test.
(ii) Gasoline and methanol fuel only. For the supplemental two-
diurnal test sequence, diurnal plus hot soak measurements: 3.0 grams
per test.
(iii) Gasoline and methanol fuel only. Running loss test: 0.05
grams per mile.
(iv) Gasoline and methanol fuel only. Fuel dispensing spitback
test: 1.0 grams per test.
(2) [Reserved]
(e) Refueling emissions. Refueling emissions from light-duty truck
2's shall be phased in, in accordance with the schedule in table S01-4
of Sec. 86.1810-01 not to exceed the following emission standards:
(1) For gasoline-fueled, diesel-fueled and methanol-fueled
vehicles: 0.20 grams hydrocarbon per gallon (0.053 gram per liter) of
fuel dispensed.
(2) For liquefied petroleum gas-fueled vehicles: 0.15 grams
hydrocarbon per gallon (0.04 gram per liter) of fuel dispensed.
(f) Certification short test. Certification short test emissions
from gasoline-fueled Otto-cycle light-duty vehicles and light-duty
trucks shall not exceed the following standards:
(1) Hydrocarbons: 100 ppm as hexane.
(2) Carbon monoxide: 0.5%.
(g) Idle exhaust emission standards, light-duty trucks. Exhaust
emissions of carbon monoxide from 2001 and later model year gasoline,
methanol, natural gas- and liquefied petroleum gas-fueled light-duty
trucks shall not exceed 0.50 percent of exhaust gas flow at curb idle
for a useful life of 11 years or 120,000 miles, whichever first occurs.
Sec. 86.1814-01 Emission standards for light-duty trucks 3.
This section applies to 2001 and later model year light-duty truck
3's fueled by gasoline, diesel, methanol, natural gas and liquefied
petroleum gas fuels except as noted. Multi-fueled vehicles shall comply
with all requirements established for each consumed fuel. For methanol
fueled vehicles, references in this section to total hydrocarbons shall
mean total hydrocarbon equivalents and references to non-methane
hydrocarbons shall mean non-methane hydrocarbon equivalents.
(a) Exhaust emission standards. (1) Exhaust emissions shall not
exceed the following standards at intermediate useful life:
(i) [Reserved]
(ii) Non-methane hydrocarbons: 0.32 grams per mile.
(iii) Carbon monoxide: 4.4 grams per mile.
(iv) Oxides of nitrogen: 0.7 grams per mile except diesel-fueled
vehicles which have no standard.
(v) [Reserved]
(2) Exhaust emissions from 2001 and later model year light-duty
truck 3's shall not exceed the following standards at full useful life:
(i) Total hydrocarbons: 0.80 grams per mile except natural gas
fueled vehicles which has no total hydrocarbon standard.
(ii) Non-methane hydrocarbons: 0.46 grams per mile.
(iii) Carbon monoxide: 6.4 grams per mile.
(iv) Oxides of nitrogen: 0.98 grams per mile.
(v) Particulate matter: 0.10 grams per mile.
(b) [Reserved]
(c) Cold temperature emission standards. Exhaust emissions from
gasoline-fueled light-duty truck 3's shall not exceed the cold
temperature CO standard of 12.5 grams per mile for an intermediate
useful life of 50,000 miles.
(d) Evaporative emissions. Evaporative emissions from gasoline-
fueled, natural gas-fueled, liquefied petroleum gas-fueled, and
methanol-fueled light-duty truck 3's shall not exceed the following
standards. The standards apply equally to certification and in-use
vehicles. The spitback standard also applies to newly assembled
vehicles.
(1) Hydrocarbons for gasoline and methanol light-duty trucks with a
nominal fuel tank capacity of 30 gallons or more shall not exceed the
following standards:
(i) For the full three-diurnal test sequence, diurnal plus hot soak
measurements: 2.5 grams per test.
(ii) Gasoline and methanol fuel only. For the supplemental two-
diurnal test sequence, diurnal plus hot soak measurements: 3.0 grams
per test.
(iii) Gasoline and methanol fuel only. Running loss test: 0.05
grams per mile.
(iv) Gasoline and methanol fuel only. Fuel dispensing spitback
test: 1.0 grams per test.
(2) Hydrocarbons for gasoline and methanol light-duty trucks with a
nominal fuel tank capacity of less than 30 gallons shall not exceed the
following standards:
(i) For the full three-diurnal test sequence, diurnal plus hot soak
measurements: 2.0 grams per test.
(ii) Gasoline and methanol fuel only. For the supplemental two-
diurnal test sequence, diurnal plus hot soak measurements: 2.5 grams
per test.
(iii) Gasoline and methanol fuel only. Running loss test: 0.05
grams per mile.
(iv) Gasoline and methanol fuel only. Fuel dispensing spitback
test: 1.0 grams per test.
(e) [Reserved]
(f) Certification short test. Certification short test emissions
from gasoline-fueled Otto-cycle light-duty vehicles and light-duty
trucks shall not exceed the following standards:
(1) Hydrocarbons: 100 ppm as hexane.
(2) Carbon monoxide: 0.5%.
(g) Idle exhaust emission standards. Exhaust emissions of carbon
monoxide from 2001 and later model year gasoline, methanol, natural
gas-and liquefied petroleum gas-fueled light-duty trucks shall not
exceed 0.50 percent of exhaust gas flow at curb idle for a useful life
of 11 years or 120,000 miles, whichever first occurs.
Sec. 86.1814-02 Emission standards for light-duty trucks 3.
This section applies to 2002 and later model year light-duty truck
3's fueled by gasoline, diesel, methanol, natural gas and liquefied
petroleum gas fuels except as noted. Multi-fueled vehicles shall comply
with all requirements established for each consumed fuel. For methanol
fueled vehicles, references in this section to total hydrocarbons shall
mean total hydrocarbon equivalents and references to non-methane
hydrocarbons shall mean non-methane hydrocarbon equivalents.
(a) Exhaust emission standards. (1) Exhaust emissions shall not
exceed the following standards at intermediate useful life:
(i) [Reserved]
(ii) Non-methane hydrocarbons: 0.32 grams per mile.
(iii) Carbon monoxide: 4.4 grams per mile.
(iv) Oxides of nitrogen: 0.7 grams per mile except diesel-fueled
vehicles which have no standard.
(v) [Reserved]
(2) Exhaust emissions from 2001 and later model year light-duty
truck 3's shall not exceed the following standards at full useful life:
(i) Total hydrocarbons: 0.80 grams per mile except natural gas
fueled vehicles which have no total hydrocarbon standard.
(ii) Non-methane hydrocarbons: 0.46 grams per mile.
(iii) Carbon monoxide: 6.4 grams per mile.
(iv) Oxides of nitrogen: 0.98 grams per mile.
(v) Particulate matter: 0.10 grams per mile.
(b) Supplemental exhaust emissions. (1) Supplemental exhaust
emissions for 2002 and later model year gasoline-fueled light-duty
truck 3's shall not
[[Page 23942]]
exceed the following standards at intermediate useful life:
(i) Non-methane hydrocarbon and oxides of nitrogen composite: 1.02
grams per mile.
(ii) Carbon monoxide. Regulated vehicles shall meet at least one of
the following two sets of standards:
(A) Individual US06 and SC03 Air Conditioning compliance. Comply
with both the following standards:
(1) 3.9 grams per mile on the A/C test, not applicable to diesel
fueled vehicles; and
(2) 11.6 grams per mile on the US06 test; or
(B) Composite Carbon Monoxide Standard: 4.4 grams per mile.
(2) Supplemental exhaust emissions from 2002 and later model year
gasoline-fueled light-duty truck 3's shall not exceed the following
standards at full useful life:
(i) Non-methane hydrocarbon and oxides of nitrogen composite: 1.44
grams per mile.
(ii) Carbon monoxide. Regulated vehicles shall meet at least one of
the following two sets of standards:
(A) Individual US06 and SC03 Air Conditioning compliance. Comply
with both the following standards:
(1) 5.6 grams per mile on the A/C test, not applicable to diesel
fueled vehicles; and
(2) 16.9 grams per mile on the US06 test; or
(B) Composite Carbon Monoxide Standard: 6.4 grams per mile.
(c) Cold temperature emission standards. Exhaust emissions from
gasoline-fueled light-duty truck 3's shall not exceed the cold
temperature CO standard of 12.5 grams per mile for an intermediate
useful life of 50,000 miles.
(d) Evaporative emissions. Evaporative emissions from gasoline-
fueled, natural gas-fueled, liquefied petroleum gas-fueled, and
methanol-fueled light-duty truck 3's shall not exceed the following
standards. The standards apply equally to certification and in-use
vehicles. The spitback standard also applies to newly assembled
vehicles.
(1) Hydrocarbons for gasoline and methanol light-duty trucks with a
nominal fuel tank capacity of 30 gallons or more shall not exceed the
following standards:
(i) For the full three-diurnal test sequence, diurnal plus hot soak
measurements: 2.5 grams per test.
(ii) Gasoline and methanol fuel only. For the supplemental two-
diurnal test sequence, diurnal plus hot soak measurements: 3.0 grams
per test.
(iii) Gasoline and methanol fuel only. Running loss test: 0.05
grams per mile.
(iv) Gasoline and methanol fuel only. Fuel dispensing spitback
test: 1.0 grams per test.
(2) Hydrocarbons for gasoline and methanol light-duty trucks with a
nominal fuel tank capacity of less than 30 gallons shall not exceed the
following standards:
(i) For the full three-diurnal test sequence, diurnal plus hot soak
measurements: 2.0 grams per test.
(ii) Gasoline and methanol fuel only. For the supplemental two-
diurnal test sequence, diurnal plus hot soak measurements: 2.5 grams
per test.
(iii) Gasoline and methanol fuel only. Running loss test: 0.05
grams per mile.
(iv) Gasoline and methanol fuel only. Fuel dispensing spitback
test: 1.0 grams per test.
(e) [Reserved]
(f) Certification short test. Certification short test emissions
from gasoline-fueled Otto-cycle light-duty vehicles and light-duty
trucks shall not exceed the following standards:
(1) Hydrocarbons: 100 ppm as hexane.
(2) Carbon monoxide: 0.5%.
(g) Idle exhaust emission standards. Exhaust emissions of carbon
monoxide from 2001 and later model year gasoline, methanol, natural
gas- and liquefied petroleum gas-fueled light-duty trucks shall not
exceed 0.50 percent of exhaust gas flow at curb idle for a useful life
of 11 years or 120,000 miles, whichever first occurs.
Sec. 86.1814-04 Emission standards for light-duty trucks 3.
This section applies to 2004 and later model year light-duty truck
3's fueled by gasoline, diesel, methanol, natural gas and liquefied
petroleum gas fuels except as noted. Multi-fueled vehicles shall comply
with all requirements established for each consumed fuel. For methanol
fueled vehicles, references in this section to total hydrocarbons shall
mean total hydrocarbon equivalents and references to non-methane
hydrocarbons shall mean non-methane hydrocarbon equivalents.
(a) Exhaust emission standards. (1) Exhaust emissions shall not
exceed the following standards at intermediate useful life:
(i) [Reserved]
(ii) Non-methane hydrocarbons: 0.32 grams per mile.
(iii) Carbon monoxide: 4.4 grams per mile.
(iv) Oxides of nitrogen: 0.7 grams per mile except diesel-fueled
vehicles which have no standard.
(v) [Reserved]
(2) Exhaust emissions from light-duty truck 3's shall not exceed
the following standards at full useful life:
(i) Total hydrocarbons: 0.80 grams per mile except natural gas
fueled vehicles which have no total hydrocarbon standard.
(ii) Non-methane hydrocarbons: 0.46 grams per mile.
(iii) Carbon monoxide: 6.4 grams per mile.
(iv) Oxides of nitrogen: 0.98 grams per mile.
(v) Particulate matter: 0.10 grams per mile.
(b) Supplemental exhaust emissions. (1) Supplemental exhaust
emissions from gasoline-fueled light-duty truck 3's shall not exceed
the following standards at intermediate useful life:
(i) Non-methane hydrocarbon and oxides of nitrogen composite: 1.02
grams per mile.
(ii) Carbon monoxide. Regulated vehicles shall meet at least one of
the following two sets of standards:
(A) Individual US06 and SC03 Air Conditioning compliance. Comply
with both the following standards:
(1) 3.9 grams per mile on the A/C test, not applicable to diesel
fueled vehicles; and
(2) 11.6 grams per mile on the US06 test; or
(B) Composite Carbon Monoxide Standard: 4.4 grams per mile.
(2) Supplemental exhaust emissions from gasoline-fueled light-duty
truck 3's shall not exceed the following standards at full useful life:
(i) Non-methane hydrocarbon and oxides of nitrogen composite: 1.44
grams per mile.
(ii) Carbon monoxide. Regulated vehicles shall meet at least one of
the following two sets of standards:
(A) Individual US06 and SC03 Air Conditioning compliance. Comply
with both the following standards:
(1) 5.6 grams per mile on the A/C test, not applicable to diesel
fueled vehicles; and
(2) 16.9 grams per mile on the US06 test; or
(B) Composite Carbon Monoxide Standard: 6.4 grams per mile.
(c) Cold temperature emission standards. Exhaust emissions from
gasoline-fueled light-duty truck 3's shall not exceed the cold
temperature CO standard of 12.5 grams per mile for an intermediate
useful life of 50,000 miles.
(d) Evaporative emissions. Evaporative emissions from gasoline-
fueled, natural gas-fueled, liquefied petroleum gas-fueled, and
methanol-fueled light-duty truck 3's shall not exceed the following
standards. The standards apply equally to certification and in-use
vehicles. The spitback standard also applies to newly assembled
vehicles.
[[Page 23943]]
(1) Hydrocarbons for gasoline and methanol light-duty trucks with a
nominal fuel tank capacity of 30 gallons or more shall not exceed the
following standards:
(i) For the full three-diurnal test sequence, diurnal plus hot soak
measurements: 2.5 grams per test.
(ii) Gasoline and methanol fuel only. For the supplemental two-
diurnal test sequence, diurnal plus hot soak measurements: 3.0 grams
per test.
(iii) Gasoline and methanol fuel only. Running loss test: 0.05
grams per mile.
(iv) Gasoline and methanol fuel only. Fuel dispensing spitback
test: 1.0 grams per test.
(2) Hydrocarbons for gasoline and methanol light-duty trucks with a
nominal fuel tank capacity of less than 30 gallons shall not exceed the
following standards:
(i) For the full three-diurnal test sequence, diurnal plus hot soak
measurements: 2.0 grams per test.
(ii) Gasoline and methanol fuel only. For the supplemental two-
diurnal test sequence, diurnal plus hot soak measurements: 2.5 grams
per test.
(iii) Gasoline and methanol fuel only. Running loss test: 0.05
grams per mile.
(iv) Gasoline and methanol fuel only. Fuel dispensing spitback
test: 1.0 grams per test.
(e) Refueling emissions. (1) Refueling emissions from light-duty
truck 3's shall be phased in, in accordance with the schedule in table
S01-5 of Sec. 86.1810-01 not to exceed the following emission
standards:
(i) For gasoline-fueled, diesel-fueled and methanol-fueled
vehicles: 0.20 grams hydrocarbon per gallon (0.053 gram per liter) of
fuel dispensed.
(ii) For liquefied petroleum gas-fueled vehicles: 0.15 grams
hydrocarbon per gallon (0.04 gram per liter) of fuel dispensed.
(f) Certification short test. Certification short test emissions
from gasoline-fueled Otto-cycle light-duty vehicles and light-duty
trucks shall not exceed the following standards:
(1) Hydrocarbons: 100 ppm as hexane.
(2) Carbon monoxide: 0.5%.
(g) Idle exhaust emission standards. Exhaust emissions of carbon
monoxide from gasoline, methanol, natural gas- and liquefied petroleum
gas-fueled light-duty trucks shall not exceed 0.50 percent of exhaust
gas flow at curb idle for a useful life of 11 years or 120,000 miles,
whichever first occurs.
Sec. 86.1815-01 Emission standards for light-duty trucks 4.
This section applies to 2001 and later model year light-duty truck
4's fueled by gasoline, diesel, methanol, natural gas and liquefied
petroleum gas fuels except as noted. Multi-fueled vehicles shall comply
with all requirements established for each consumed fuel. For methanol
fueled vehicles, references in this section to total hydrocarbons shall
mean total hydrocarbon equivalents and references to non-methane
hydrocarbons shall mean non-methane hydrocarbon equivalents.
(a) Exhaust emission standards. (1) Exhaust emissions from light-
duty truck 4's shall not exceed the following standards at intermediate
useful life:
(i) [Reserved]
(ii) Non-methane hydrocarbons: 0.39 grams per mile.
(iii) Carbon monoxide: 5.0 grams per mile.
(iv) Oxides of nitrogen: 1.1 grams per mile except diesel fueled
vehicles which have no standard.
(v) [Reserved]
(2) Exhaust emissions shall not exceed the following standards at
full useful life:
(i) Total hydrocarbons: 0.80 grams per mile except natural gas fuel
which has no total hydrocarbon standard.
(ii) Non-methane hydrocarbons: 0.56 grams per mile.
(iii) Carbon monoxide: 7.3 grams per mile.
(iv) Oxides of nitrogen: 1.53 grams per mile.
(v) Particulate matter: 0.12 grams per mile.
(b) [Reserved]
(c) Cold temperature emission standards. Exhaust emissions from
gasoline-fueled light-duty truck 4's shall not exceed the cold
temperature CO standard of 12.5 grams per mile for an intermediate
useful life of 50,000 miles.
(d) Evaporative emissions. Evaporative emissions from gasoline-
fueled, natural gas-fueled, liquefied petroleum gas-fueled, and
methanol-fueled light-duty truck 4's shall not exceed the following
standards. The standards apply equally to certification and in-use
vehicles. The spitback standard also applies to newly assembled
vehicles.
(1) Hydrocarbons for gasoline and methanol light-duty trucks with a
nominal fuel tank capacity of 30 gallons or more shall not exceed the
following standards:
(i) For the full three-diurnal test sequence, diurnal plus hot soak
measurements: 2.5 grams per test.
(ii) Gasoline and methanol fuel only. For the supplemental two-
diurnal test sequence, diurnal plus hot soak measurements: 3.0 grams
per test.
(iii) Gasoline and methanol fuel only. Running loss test: 0.05
grams per mile.
(iv) Gasoline and methanol fuel only. Fuel dispensing spitback
test: 1.0 grams per test.
(2) Hydrocarbons for gasoline and methanol light-duty trucks with a
nominal fuel tank capacity of less than 30 gallons shall not exceed the
following standards:
(i) For the full three-diurnal test sequence, diurnal plus hot soak
measurements: 2.0 grams per test.
(ii) Gasoline and methanol fuel only. For the supplemental two-
diurnal test sequence, diurnal plus hot soak measurements: 2.5 grams
per test.
(iii) Gasoline and methanol fuel only. Running loss test: 0.05
grams per mile.
(iv) Gasoline and methanol fuel only. Fuel dispensing spitback
test: 1.0 grams per test.
(e) [Reserved]
(f) Certification short test. Certification short test emissions
from gasoline-fueled Otto-cycle light-duty vehicles and light-duty
trucks shall not exceed the following standards:
(1) Hydrocarbons: 100 ppm as hexane.
(2) Carbon monoxide: 0.5%.
(g) Idle exhaust emission standards, light-duty trucks. Exhaust
emissions of carbon monoxide from gasoline, methanol, natural gas- and
liquefied petroleum gas-fueled light-duty trucks shall not exceed 0.50
percent of exhaust gas flow at curb idle for a useful life of 11 years
or 120,000 miles, whichever occurs first.
Sec. 86.1815-02 Emission standards for light-duty trucks 4.
This section applies to 2002 and later model year light-duty truck
4's fueled by gasoline, diesel, methanol, natural gas and liquefied
petroleum gas fuels except as noted. Multi-fueled vehicles shall comply
with all requirements established for each consumed fuel. For methanol
fueled vehicles, references in this section to total hydrocarbons shall
mean total hydrocarbon equivalents and references to non-methane
hydrocarbons shall mean non-methane hydrocarbon equivalents.
(a) Exhaust emission standards. (1) Exhaust emissions from light-
duty truck 4's shall not exceed the following standards at intermediate
useful life:
(i) [Reserved]
(ii) Non-methane hydrocarbons: 0.39 grams per mile.
(iii) Carbon monoxide: 5.0 grams per mile.
(iv) Oxides of nitrogen: 1.1 grams per mile except diesel fueled
vehicles which have no standard.
(v) [Reserved]
(2) Exhaust emissions shall not exceed the following standards at
full useful life:
[[Page 23944]]
(i) Total hydrocarbons: 0.80 grams per mile except natural gas fuel
which has no total hydrocarbon standard.
(ii) Non-methane hydrocarbons: 0.56 grams per mile.
(iii) Carbon monoxide: 7.3 grams per mile.
(iv) Oxides of nitrogen: 1.53 grams per mile.
(v) Particulate matter: 0.12 grams per mile.
(b) Supplemental exhaust emissions. (1) Supplemental exhaust
emissions from gasoline-fueled light-duty truck 4's shall not exceed
the following standards at intermediate useful life:
(i) Non-methane hydrocarbon and oxides of nitrogen composite: 1.49
grams per mile.
(ii) Carbon monoxide. Regulated vehicles shall meet at least one of
the following two sets of standards:
(A) Individual US06 and SC03 Air Conditioning compliance. Comply
with both the following standards:
(1) 4.4 grams per mile on the A/C test, not applicable to diesel
fueled vehicles; and
(2) 13.2 grams per mile on the US06 test; or
(B) Composite Carbon Monoxide Standard: 5.0 grams per mile.
(2) Supplemental exhaust emissions from gasoline-fueled light-duty
truck 4's shall not exceed the following standards at full useful life:
(i) Nonmethane hydrocarbon and oxides of nitrogen composite: 2.09
grams per mile.
(ii) Carbon monoxide. Regulated vehicles shall meet at least one of
the following two sets of standards:
(A) Individual US06 and SC03 Air Conditioning compliance. Comply
with both the following standards:
(1) 6.4 grams per mile on the A/C test, not applicable to diesel
fueled vehicles; and
(2) 19.3 grams per mile on the US06 test; or
(B) Composite Carbon Monoxide Standard: 7.3 grams per mile.
(c) Cold temperature emission standards. Exhaust emissions from
gasoline-fueled light-duty truck 4's shall not exceed the cold
temperature CO standard of 12.5 grams per mile for an intermediate
useful life of 50,000 miles.
(d) Evaporative emissions. Evaporative emissions from gasoline-
fueled, natural gas-fueled, liquefied petroleum gas-fueled, and
methanol-fueled light-duty truck 4's shall not exceed the following
standards. The standards apply equally to certification and in-use
vehicles. The spitback standard also applies to newly assembled
vehicles.
(1) Hydrocarbons for gasoline and methanol light-duty trucks with a
nominal fuel tank capacity of 30 gallons or more shall not exceed the
following standards:
(i) For the full three-diurnal test sequence, diurnal plus hot soak
measurements: 2.5 grams per test.
(ii) Gasoline and methanol fuel only. For the supplemental two-
diurnal test sequence, diurnal plus hot soak measurements: 3.0 grams
per test.
(iii) Gasoline and methanol fuel only. Running loss test: 0.05
grams per mile.
(iv) Gasoline and methanol fuel only. Fuel dispensing spitback
test: 1.0 grams per test.
(2) Hydrocarbons for gasoline and methanol light-duty trucks with a
nominal fuel tank capacity of less than 30 gallons shall not exceed the
following standards:
(i) For the full three-diurnal test sequence, diurnal plus hot soak
measurements: 2.0 grams per test.
(ii) Gasoline and methanol fuel only. For the supplemental two-
diurnal test sequence, diurnal plus hot soak measurements: 2.5 grams
per test.
(iii) Gasoline and methanol fuel only. Running loss test: 0.05
grams per mile.
(iv) Gasoline and methanol fuel only. Fuel dispensing spitback
test: 1.0 grams per test.
(e) [Reserved]
(f) Certification short test. Certification short test emissions
from gasoline-fueled Otto-cycle light-duty vehicles and light-duty
trucks shall not exceed the following standards:
(1) Hydrocarbons: 100 ppm as hexane.
(2) Carbon monoxide: 0.5%.
(g) Idle exhaust emission standards, light-duty trucks. Exhaust
emissions of carbon monoxide from gasoline, methanol, natural gas- and
liquefied petroleum gas-fueled light-duty trucks shall not exceed 0.50
percent of exhaust gas flow at curb idle for a useful life of 11 years
or 120,000 miles, whichever occurs first.
Sec. 86.1815-04 Emission standards for light-duty trucks 4.
This section applies to 2004 and later model year light-duty truck
4's fueled by gasoline, diesel, methanol, natural gas and liquefied
petroleum gas fuels except as noted. Multi-fueled vehicles shall comply
with all requirements established for each consumed fuel. For methanol
fueled vehicles, references in this section to total hydrocarbons shall
mean total hydrocarbon equivalents and references to non-methane
hydrocarbons shall mean non-methane hydrocarbon equivalents.
(a) Exhaust emission standards. (1) Exhaust emissions light-duty
truck 4's shall not exceed the following standards at intermediate
useful life:
(i) [Reserved]
(ii) Non-methane hydrocarbons: 0.39 grams per mile.
(iii) Carbon monoxide: 5.0 grams per mile.
(iv) Oxides of nitrogen: 1.1 grams per mile except diesel fueled
vehicles which have no standard.
(v) [Reserved]
(2) Exhaust emissions shall not exceed the following standards at
full useful life:
(i) Total hydrocarbons: 0.80 grams per mile except natural gas fuel
which has no total hydrocarbon standard.
(ii) Non-methane hydrocarbons: 0.56 grams per mile.
(iii) Carbon monoxide: 7.3 grams per mile.
(iv) Oxides of nitrogen: 1.53 grams per mile.
(v) Particulate matter: 0.12 grams per mile.
(b) Supplemental exhaust emissions. (1) Supplemental exhaust
emissions from light-duty truck 4's shall not exceed the following
standards at intermediate useful life:
(i) Non-methane hydrocarbon and oxides of nitrogen composite: 1.49
grams per mile.
(ii) Carbon monoxide. Regulated vehicles shall meet at least one of
the following two sets of standards:
(A) Individual US06 and SC03 Air Conditioning compliance. Comply
with both the following standards:
(1) 4.4 grams per mile on the A/C test, not applicable to diesel
fueled vehicles; and
(2) 13.2 grams per mile on the US06 test; or
(B) Composite Carbon Monoxide Standard: 5.0 grams per mile.
(2) Supplemental exhaust emissions from gasoline-fueled light-duty
truck 4's shall not exceed the following standards at full useful life:
(i) Non-methane hydrocarbon and oxides of nitrogen composite: 2.09
grams per mile.
(ii) Carbon monoxide. Regulated vehicles shall meet at least one of
the following two sets of standards:
(A) Individual US06 and SC03 Air Conditioning compliance. Comply
with both the following standards:
(1) 6.4 grams per mile on the A/C test, not applicable to diesel
fueled vehicles; and
(2) 19.3 grams per mile on the US06 test; or
(B) Composite Carbon Monoxide Standard: 7.3 grams per mile.
(c) Cold temperature emission standards. Exhaust emissions from
gasoline-fueled light-duty truck 4's shall not exceed the cold
temperature CO standard of 12.5 grams per mile for an intermediate
useful life of 50,000 miles.
[[Page 23945]]
(d) Evaporative emissions. Evaporative emissions from gasoline-
fueled, natural gas-fueled, liquefied petroleum gas-fueled, and
methanol-fueled light-duty truck 4's shall not exceed the following
standards. The standards apply equally to certification and in-use
vehicles. The spitback standard also applies to newly assembled
vehicles.
(1) Hydrocarbons for gasoline and methanol light-duty trucks with a
nominal fuel tank capacity of 30 gallons or more shall not exceed the
following standards:
(i) For the full three-diurnal test sequence, diurnal plus hot soak
measurements: 2.5 grams per test.
(ii) Gasoline and methanol fuel only. For the supplemental two-
diurnal test sequence, diurnal plus hot soak measurements: 3.0 grams
per test.
(iii) Gasoline and methanol fuel only. Running loss test: 0.05
grams per mile.
(iv) Gasoline and methanol fuel only. Fuel dispensing spitback
test: 1.0 grams per test.
(2) Hydrocarbons for gasoline and methanol light-duty trucks with a
nominal fuel tank capacity of less than 30 gallons shall not exceed the
following standards:
(i) For the full three-diurnal test sequence, diurnal plus hot soak
measurements: 2.0 grams per test.
(ii) Gasoline and methanol fuel only. For the supplemental two-
diurnal test sequence, diurnal plus hot soak measurements: 2.5 grams
per test.
(iii) Gasoline and methanol fuel only. Running loss test: 0.05
grams per mile.
(iv) Gasoline and methanol fuel only. Fuel dispensing spitback
test: 1.0 grams per test.
(e) Refueling emissions. (1) Refueling emissions from light-duty
truck 4's shall be phased in, in accordance with the schedule in table
S01-5 of Sec. 1810-01 not to exceed the following emission standards:
(i) For gasoline-fueled, diesel-fueled and methanol-fueled
vehicles: 0.20 grams hydrocarbon per gallon (0.053 gram per liter) of
fuel dispensed.
(ii) For liquefied petroleum gas-fueled vehicles: 0.15 grams
hydrocarbon per gallon (0.04 gram per liter) of fuel dispensed.
(f) Certification short test. Certification short test emissions
from gasoline-fueled Otto-cycle light-duty vehicles and light-duty
trucks shall not exceed the following standards:
(1) Hydrocarbons: 100 ppm as hexane.
(2) Carbon monoxide: 0.5%.
(g) Idle exhaust emission standards, light-duty trucks. Exhaust
emissions of carbon monoxide from gasoline, methanol, natural gas- and
liquefied petroleum gas-fueled light-duty trucks shall not exceed 0.50
percent of exhaust gas flow at curb idle for a useful life of 11 years
or 120,000 miles, whichever occurs first.
Secs. 86.1816 through 86.1819 [Reserved].
Sec. 86.1820-01 Durability group determination.
This section applies to the grouping of vehicles into durability
groups. Manufacturers shall divide their product line into durability
groups based on the following criteria:
(a) The vehicles covered by a certification application shall be
divided into groups of vehicles which are expected to have similar
emission deterioration and emission component durability
characteristics throughout their useful life. Manufacturers shall use
good engineering judgment in dividing their vehicles into durability
groups. Such groups of vehicles are defined as durability groups.
(b) To be included in the same durability group, vehicles must be
identical in all the respects listed in paragraphs (b) (1) through (7)
of this section:
(1) Combustion cycle (e.g., two stroke, four stroke, Otto cycle,
diesel cycle).
(2) Engine type (e.g., piston, rotary, turbine, air cooled versus
water cooled).
(3) Fuel used (e.g., gasoline, diesel, methanol, ethanol, CNG, LPG,
flexible fuels).
(4) Basic fuel metering system (e.g., throttle body injection, port
injection (including central port injection), carburetor, CNG mixer
unit).
(5) Catalyst construction (for example, beads or monolith).
(6) Precious metal composition of the catalyst by the type of
principal active material(s) used (e.g., platinum based oxidation
catalyst, palladium based oxidation catalyst, platinum and rhodium
three-way catalyst, palladium and rhodium three way catalyst, platinum
and palladium and rhodium three way catalyst).
(7) The manufacturer must choose one of the following two criteria:
(i) Grouping statistic:
(A) Vehicles are grouped based upon the value of the grouping
statistic determined using the following equation:
GS = [(Cat Vol)/(Disp)] x Loading Rate
Where:
GS = Grouping Statistic used to evaluate the range of precious metal
loading rates and relative sizing of the catalysts compared to the
engine displacement that are allowable within a durability group. The
grouping statistic shall be rounded to a tenth of a gram/liter, in
accordance with the Rounding-Off Method specified in ASTM E29-93a,
Standard Practice for Using Significant Digits in Test Data to
Determine Conformance with Specifications (incorporated by reference,
see Sec. 86.1).
Cat Vol = Total volume of the catalyst(s) in liters.
Disp = Displacement of the engine in liters.
Loading rate = The mass of total precious metal(s) in the catalyst (or
the total mass of all precious metal(s) of all the catalysts if the
vehicle is equipped with multiple catalysts) in grams divided by the
total volume of the catalyst(s) in liters.
(B) Engine-emission control system combinations which have a
grouping statistic which is either less than 25 percent of the largest
grouping statistic value, or less than 0.2 g/liter (whichever allows
the greater coverage of the durability group) shall be grouped into the
same durability group.
(ii) The manufacturer may elect to use another procedure which
results in at least as many durability groups as required using
criteria in paragraph (b)(7)(i) of this section providing that only
vehicles with similar emission deterioration or durability are combined
into a single durability group.
(c) Where vehicles are of a type which cannot be divided into
durability groups based on the criteria listed above (such as non-
catalyst control system approaches), the Administrator will establish
durability groups for those vehicles based upon the features most
related to their exhaust emission deterioration characteristics.
(d) Manufacturers may further divide groups determined under
paragraph (b) of this section provided the Administrator is notified of
any such changes prior to or concurrently with the submission of the
application for certification (preferably at an annual preview meeting
scheduled before the manufacturer begins certification activities for
the model year).
(e) Manufacturers may request the Administrator's approval to
combine vehicles into a single durability group which would normally
not be eligible to be in a single durability group. The petition should
provide:
(1) Substantial evidence that all the vehicles in the larger
grouping will have the same degree of emission deterioration;
(2) Evidence of equivalent component durability over the vehicle's
useful life; and
[[Page 23946]]
(3) Evidence that the groups will result in sufficient In-Use
Verification Program data, appropriate tracking in use, and clear
liability for the Agency's recall program.
Sec. 86.1821-01 Evaporative/refueling family determination.
(a) The gasoline-, methanol-, liquefied petroleum gas-, and natural
gas-fueled light-duty vehicles and light-duty trucks described in a
certification application will be divided into groupings which are
expected to have similar evaporative and/or refueling emission
characteristics (as applicable) throughout their useful life. Each
group of vehicles with similar evaporative and/or refueling emission
characteristics shall be defined as a separate evaporative/refueling
family. Manufacturers shall use good engineering judgment to determine
evaporative/refueling families.
(b) For gasoline-fueled or methanol-fueled light-duty vehicles and
light-duty trucks to be classed in the same evaporative/refueling
family, vehicles must be similar with respect to the items listed in
paragraphs (b) (1) through (9) of this section.
(1) Type of vapor storage device (e.g., canister, air cleaner,
crankcase).
(2) Basic canister design.
(i) Working capacity--grams adsorption within a 10 g. range.
(ii) System configuration--number of canisters and method of
connection (i.e., series, parallel).
(iii) Canister geometry, construction and materials.
(3) Fuel system.
(4) Type of refueling emission control system--non-integrated or
integrated with the evaporative control system. Further, if the system
is non-integrated, whether or not any other evaporative emissions, e.g.
diurnal or hot soak emissions, are captured in the same storage device
as the refueling emissions.
(5) Fillpipe seal mechanism--mechanical, liquid trap, other.
(6) Vapor control system or method of controlling vapor flow
through the vapor line to the canister (for example, type of valve,
vapor control strategy).
(7) Purge control system (for example, type of valve, purge control
strategy).
(8) Vapor hose material.
(9) Fuel tank material.
(c) Where vehicles are of a type which cannot be divided into
evaporative/refueling families based on the criteria listed above (such
as non-canister control system approaches), the Administrator will
establish families for those vehicles based upon the features most
related to their evaporative and/or refueling emission characteristics.
(d) Manufacturers may further divide families determined under
paragraph (b) of this section provided the Administrator is notified of
any such changes prior to or concurrently with the submission of the
application for certification (preferably at an annual preview meeting
scheduled before the manufacturer begins certification activities for
the model year).
(e) Manufacturers may petition the Administrator to combine
vehicles into a single evaporative/refueling family which would
normally not be eligible to be in a single evaporative/refueling
family. The petition should provide:
(1) Substantial evidence that all the vehicles in the larger
grouping will have the same degree of evaporative emission
deterioration;
(2) Evidence of equivalent component durability over the vehicle's
useful life; and
(3) Evidence that the groups will result in sufficient In-Use
Verification Program data, appropriate tracking in use, and clear
liability for the Agency's recall program.
Sec. 86.1822-01 Durability data vehicle selection.
(a) Within each durability group, the vehicle configuration which
is expected to generate the highest level of exhaust emission
deterioration on candidate vehicles in use, considering all
constituents, shall be selected as the durability data vehicle
configuration. The manufacturer will use good engineering judgment in
making this selection.
(b) The manufacturer may select, using good engineering judgment,
an equivalent or worst-case configuration in lieu of testing the
vehicle selected in paragraph (a) of this section. Carryover data
satisfying the provisions of Sec. 86.1839-01 may also be used in lieu
of testing the configuration selected in paragraph (a) of this section.
Sec. 86.1823-01 Durability demonstration procedures for exhaust
emissions.
This section applies to light-duty vehicles, light-duty trucks, and
heavy-duty vehicles certified under the provisions of Sec. 86.1801-
01(c)(1). Eligible small volume manufacturers or small volume test
groups may optionally meet the requirements of Secs. 86.1838-01 and
86.1826-01 in lieu of the requirements of this section. For model years
2001, 2002, and 2003 all manufacturers may elect to meet the provisions
of paragraph (c)(2) of this section in lieu of these requirements.
(a) The manufacturer shall propose a durability program consisting
of the elements discussed in paragraphs (a)(1) through (a)(3) of this
section for advance approval by the Administrator. The durability
process shall be designed to effectively predict the expected
deterioration of candidate in-use vehicles over their full and
intermediate useful life and shall be consistent with good engineering
judgment. The Administrator will approve the program if he/she
determines that it is reasonably expected to meet these design
requirements.
(1) Service accumulation method. (i) Each durability program shall
include a service accumulation method designed to effectively predict
the deterioration of emissions in actual use over the full and
intermediate useful life of candidate in-use vehicles.
(ii) Manufacturers may propose service accumulation methods based
upon whole-vehicle full-mileage accumulation, whole vehicle accelerated
mileage accumulation (e.g., where 40,000 miles on a severe mileage
accumulation cycle is equivalent to 100,000 miles of normal in-use
driving), bench aging of individual components or systems, or other
approaches approved by the Administrator.
(A) For whole vehicle mileage accumulation programs, all emission
control components and systems (including both hardware and software)
must be installed and operating for the entire mileage accumulation
period.
(B) Bench procedures shall simulate the aging of components or
systems over the applicable useful life and shall simulate driving
patterns and vehicle operational environments found in actual use. For
this purpose, manufacturers may remove the emission-related components
(and other components), in whole or in part, from the durability
vehicle itself and deteriorate them independently. Vehicle testing for
the purpose of determining deterioration factors may include the
testing of durability vehicles that incorporate such bench-aged
components.
(2) Vehicle/component selection method. The manufacturer shall
propose a vehicle/component selection method for advance approval by
the Administrator. The procedure for selecting durability data vehicles
and components shall meet the requirements of Sec. 86.1822-01.
(3) Use of deterioration program to determine compliance with the
standard. The manufacturer shall propose procedures for the
determination of compliance with the standards for advance approval by
the Administrator. The calculation of deterioration factors and/or the
determination of vehicle compliance
[[Page 23947]]
shall be according to the procedures approved in advance by the
Administrator. The Administrator will allow two methods for using the
results of the deterioration program to determine compliance with the
standards. Either a deterioration factor (DF) is calculated and applied
to the emission data vehicle (EDV) emission results or aged components
are installed on the EDV prior to emission testing. Other methods may
be approved by the Administrator if they result in an effective
prediction of intermediate and full useful life emission levels on
candidate in-use vehicles.
(i) Use of Deterioration factors. (A) Deterioration factors are
calculated using all FTP emission test data generated during the
durability testing program except as noted:
(1) Multiple tests at a given mileage point are averaged together
unless the same number of tests are conducted at each mileage point.
(2) Before and after maintenance test results are averaged
together.
(3) Zero-mile test results are excluded from the calculation.
(4) When calculating intermediate and full useful life
deterioration factors all data points should be included in the
calculations, except that total hydrocarbon (THC) test points beyond
the 50,000-mile (useful life) test point shall not be included in the
calculations.
(5) A procedure may be employed to identify and remove from the DF
calculation those test results determined to be statistical outliers
providing that the outlier procedure is consistently applied to all
vehicles and data points and is approved in advance by the
Administrator.
(B) The deterioration factor shall be based on a linear regression,
or an other regression technique approved in advance by the
Administrator. The deterioration may be a multiplicative or additive
factor. Separate factors will be calculated for each regulated emission
constituent and for the full and intermediate useful life periods as
applicable. Separate DF's are calculated for each durability group
except as provided in paragraph (c) of this section.
(1) A multiplicative DF will be calculated by taking the ratio of
the full or intermediate useful life mileage level, as appropriate
(rounded to four decimal places), divided by the stabilized mileage
(reference Sec. 86.1831-01(c), e.g., 4000-mile) level (rounded to four
decimal places) from the regression analysis; the result shall be
rounded to three-decimal places of accuracy. The rounding required in
this paragraph shall be conducted in accordance with the Rounding-Off
Method specified in ASTM E29-93a, Standard Practice for Using
Significant Digits in Test Data to Determine Conformance with
Specifications (incorporated by reference, see Sec. 86.1). Calculated
DF values of less than one shall be changed to one for the purposes of
this paragraph.
(2) An additive DF will be calculated to be the difference between
the full or intermediate useful life mileage level (as appropriate)
minus the stabilized mileage (reference Sec. 86.1831-01(c), e.g. 4000-
mile) level from the regression analysis. The full useful life
regressed emission value, the stabilized mileage regressed emission
value, and the DF result shall be rounded to the same precision and
using the same procedures as the raw emission results according to the
provisions of Sec. 86.1837-01. Calculated DF values of less than zero
shall be changed to zero for the purposes of this paragraph.
(C) The DF calculated by these procedures will be used for
determining compliance with FTP exhaust emission standards, SFTP
exhaust emission standards, and cold CO emission standards. At the
manufacturer's option and using procedures approved by the
Administrator, a separate DF may be calculated exclusively using cold
CO test data to determine compliance with cold CO emission standards.
Also at the manufacturer's option and using procedures approved by the
Administrator, a separate DF may be calculated exclusively using US06
and/or air conditioning (SC03) test data to determine compliance with
the SFTP emission standards.
(ii) Installation of aged components on emission data vehicles. For
full and intermediate useful life compliance determination, the
manufacturer may elect to install aged components on an EDV rather than
applying a deterioration factor. Different sets of components may be
aged for full and intermediate useful life periods. The list of
components to be installed, the techniques used to select physical
parts to be aged, and the aging techniques employed to age the
components must be approved in advance by the Administrator.
(b) In addition to the provisions of paragraph (a) of this section,
manufacturers shall submit the following information when applying for
the Administrator's approval of a durability program:
(1) Analysis and/or data demonstrating the adequacy of the
manufacturer's durability processes to effectively predict emission
compliance for candidate in-use vehicles. All regulated emission
constituents and all test procedures shall be considered in this
analysis. This data and discussion shall cover the breadth of the
manufacturer's product line that will be covered by this durability
procedure.
(2) Discussion of the manufacturer's in-use verification procedures
including testing performed, vehicle procurement procedures used, and
vehicles rejection criteria used. Any questionnaires used or
inspections performed should also be documented in the manufacturer's
submission. The in-use verification program shall meet the requirements
of Secs. 86.1845-01, 86.1846-01 and 86.1847-01.
(c) Carryover and carryacross. (1) Manufacturers may carry over or
carry across mileage accumulation data, aged hardware, or deterioration
factors according to the provisions of Sec. 86.1839-01 using good
engineering judgment.
(2) For the 2001, 2002, and 2003 model years, the manufacturer may
carry over exhaust emission DF's previously generated under the
Standard AMA Durability Program described in Sec. 86.094-13(c), the
Alternate Service Accumulation Durability Program described in
Sec. 86.094-13(e) or the Standard Self-Approval Durability Program for
light-duty trucks described in Sec. 86.094-13(f) in lieu of complying
with the durability provisions of paragraph (a)(1) of this section.
(i) This provision is limited to the use of existing data used for
a 2000 model year or earlier certification. All new exhaust durability
data must be generated according to the provisions of paragraph (a)(1)
of this section.
(ii) The manufacturer shall exercise good engineering judgment when
determining the eligibility to use carryover exhaust emission DF's and
the selection of the vehicle used as the source of carryover.
(iii) Starting with the 2004 model year, manufacturers must meet
the provisions of paragraphs (a) and (b) of this section.
(d) Data reporting requirements. Data reporting requirements are
contained in Sec. 86.1844-01.
(e) Emission component durability. The manufacturer shall use good
engineering judgment to determine that all emission-related components
are designed to operate properly for the full useful life of the
vehicles in actual use.
(f) In-use verification. The durability program must meet the
requirements of Sec. 86.1845-01.
(g) The manufacturer shall apply the approved durability process to
a
[[Page 23948]]
durability group, including durability groups in future model years, if
the durability process will effectively predict (or alternatively,
overstate) the deterioration of emissions in actual use over the full
and intermediate useful life of candidate in-use vehicles. The
manufacturer shall use good engineering judgment in determining the
applicability of the durability program to a durability group.
(1) The manufacturer may make modifications to an approved
durability process using good engineering judgment for the purpose of
ensuring that the modified process will effectively predict, (or
alternatively, overstate) the deterioration of emissions in actual use
over the full and intermediate useful life of candidate in-use
vehicles.
(2) The manufacturer shall notify the Administrator of its
determination to use an approved (or modified) durability program on
particular test groups and durability groups prior to emission data
vehicle testing for the affected test groups (preferably at an annual
preview meeting scheduled before the manufacturer begins certification
activities for the model year).
(3) Prior to certification, the Administrator may reject the
manufacturer's determination in paragraph (g) of this section if it is
not made using good engineering judgment or it fails to properly
consider data collected under the provisions of Secs. 86.1845-01,
86.1846-01, and 86.1847-01 or other information if the Administrator
determines that the durability process has not been shown to
effectively predict emission levels or compliance with the standards in
use on candidate vehicles for particular test groups which the
manufacturers plan to cover with the durability process.
(h) The Administrator may withdraw approval to use a durability
process or require modifications to a durability process based on the
data collected under Secs. 86.1845-01, 86.1846-01, and 86.1847-01 or
other information if the Administrator determines that the durability
processes have not been shown to accurately predict emission levels or
compliance with the standards in use on candidate vehicles (provided
the inaccuracy could result in a lack of compliance with the standards
for a test group covered by this durability process). Such withdrawals
shall apply to future applications for certification and to the portion
of the manufacturer's product line (or the entire product line) that
the Administrator determines to be affected. Prior to such a withdrawal
the Administrator shall give the manufacturer a preliminary notice at
least 60 days prior to the final decision. During this period, the
manufacturer may submit technical discussion, statistical analyses,
additional data, or other information which is relevant to the
decision. The Administrator will consider all information submitted by
the deadline before reaching a final decision.
(i) Any manufacturer may request a hearing on the Administrator's
withdrawal of approval in paragraph (h) of this section. The request
shall be in writing and shall include a statement specifying the
manufacturer's objections to the Administrator's determinations, and
data in support of such objection. If, after review of the request and
supporting data, the Administrator finds that the request raises a
substantial factual issue, she/he shall provide the manufacturer a
hearing in accordance with Sec. 86.1853-01 with respect to such issue.
Sec. 86.1824-01 Durability demonstration procedures for evaporative
emissions.
This section applies to gasoline-, methanol-, liquefied petroleum
gas-, and natural gas-fueled light-duty vehicles and light-duty trucks.
The manufacturer shall determine a durability process that will predict
the expected evaporative emission deterioration of candidate in-use
vehicles over their full useful life. The manufacturer shall use good
engineering judgment in determining this process.
(a) Service accumulation method. (1) The manufacturer shall develop
a service accumulation method designed to effectively predict the
deterioration of candidate in-use vehicles' evaporative emissions in
actual use over its full useful life. The manufacturer shall use good
engineering judgement in developing this method.
(2) The manufacturers may develop a service accumulation methods
based upon whole-vehicle full-mileage accumulation, whole vehicle
accelerated mileage accumulation (e.g., where 40,000 miles on a severe
mileage accumulation cycle is equivalent to 100,000 miles of normal in-
use driving), bench aging of individual components or systems, or other
approaches approved by the Administrator.
(i) For whole vehicle mileage accumulation programs, all emission
control components and systems (including both hardware and software)
must be installed and operating for the entire mileage accumulation
period.
(ii) Bench procedures shall simulate the aging of components or
systems over the applicable useful life and shall simulate driving
patterns and vehicle operational environments found in actual use. For
this purpose, manufacturers may remove the emission-related components
(and other components), in whole or in part, from the durability
vehicle itself and deteriorate them independently. Vehicle testing for
the purpose of determining deterioration factors may include the
testing of durability vehicles that incorporate such bench-aged
components.
(b) Vehicle/component selection method. The manufacturer shall
determine a vehicle and component selection procedure which results in
representative test vehicles and reflects good engineering judgment.
(c) The manufacturer shall calculate a deterioration factor which
is applied to the evaporative emission results of the emission data
vehicles. The deterioration factor shall be based on a linear
regression, or an other regression technique approved in advance by the
Administrator. The DF will be calculated to be the difference between
the full life mileage evaporative level minus the stabilized mileage
(e.g., 4000-mile) evaporative level from the regression analysis. The
DF and the full and stabilized mileage emission levels shall be rounded
to two decimal places of accuracy in accordance with the Rounding-Off
Method specified in ASTM E29-93a, Standard Practice for Using
Significant Digits in Test Data to Determine Conformance with
Specifications (incorporated by reference, see Sec. 86.1(b)(1).
Calculated DF values of less than zero shall be changed to zero for the
purposes of this paragraph.
(d) Emission component durability. The manufacturer shall use good
engineering judgment to determine that all emission-related components
are designed to operate properly for the full useful life of the
vehicles in actual use.
(e) In-use verification. The durability program must meet the
requirements of Sec. 86.1845-01.
(f) Information obtained under Secs. 86.1845-01, 86.1846-01,
86.1847-01 or from other sources shall be used by the manufacturer in
developing new durability processes and/or updating existing durability
processes using good engineering judgment.
Sec. 86.1825-01 Durability demonstration procedures for refueling
emissions.
This section applies to light-duty vehicles, light-duty trucks, and
heavy-duty vehicles which are certified under light-duty rules as
allowed under the provisions of Sec. 86.1801-01(c)(1) which are subject
to refueling loss emission compliance. Refer to the provisions of
[[Page 23949]]
Sec. Sec. 86.1811, 86.1812, 86.1813, 86.1814, and 86.1815 to determine
applicability of the refueling standards to different classes of
vehicles for various model years. Diesel fuel vehicles may qualify for
an exemption to the requirements of this section under the provisions
of Sec. 86.1810. The manufacturer shall determine a durability process
that will predict the expected refueling emission deterioration of
candidate in-use vehicles over their full useful life. The manufacturer
shall use good engineering judgment in determining this process.
(a) Service accumulation method. (1) The manufacturer shall develop
a service accumulation method designed to effectively predict the
deterioration of candidate in-use vehicles' refueling loss emissions in
actual use over its full useful life. The manufacturer shall use good
engineering judgement in developing this method.
(2) The manufacturers may develop a service accumulation methods
based upon whole-vehicle full-mileage accumulation, whole vehicle
accelerated mileage accumulation (e.g., where 40,000 miles on a severe
mileage accumulation cycle is equivalent to 100,000 miles of normal in-
use driving), bench aging of individual components or systems, or other
approaches approved by the Administrator.
(i) For whole vehicle mileage accumulation programs, all emission
control components and systems (including both hardware and software)
must be installed and operating for the entire mileage accumulation
period.
(ii) Bench procedures shall simulate the aging of components or
systems over the applicable useful life and shall simulate driving
patterns and vehicle operational environments found in actual use. For
this purpose, manufacturers may remove the emission-related components
(and other components), in whole or in part, from the durability
vehicle itself and deteriorate them independently. Vehicle testing for
the purpose of determining deterioration factors may include the
testing of durability vehicles that incorporate such bench-aged
components.
(b) Vehicle/component selection method. The manufacturer shall
determine a vehicle and component selection procedure which results in
representative test vehicles and reflects good engineering judgment.
(c) The manufacturer shall calculate a deterioration factor which
is applied to the refueling emission results of the emission data
vehicles. The deterioration factor shall be based on a linear
regression, or an other regression technique approved in advance by the
Administrator. The DF will be calculated to be the difference between
the full life mileage refueling loss emission level minus the
stabilized mileage (e.g., 4000-mile) refueling loss emission level from
the regression analysis. The DF and the full and stabilized mileage
emission levels shall be rounded to two decimal places of accuracy in
accordance with the Rounding-Off Method specified in ASTM E29-93a,
Standard Practice for Using Significant Digits in Test Data to
Determine Conformance with Specifications (incorporated by reference,
see Sec. 86.1(b)(1). Calculated DF values of less than zero shall be
changed to zero for the purposes of this paragraph.
(d) The durability process described in paragraph (a) of this
section must be described in the application for certification under
the provisions of Sec. 86.1844-01.
(e) Emission component durability. The manufacturer shall use good
engineering judgment to determine that all emission-related components
are designed to operate properly for the full useful life of the
vehicles in actual use.
(f) In-use verification. The durability program must meet the
requirements of Sec. 86.1845-01.
(g) Information obtained under Secs. 86.1845-01, 86.1846-01,
86.1847-01 or from other sources shall be used by the manufacturer in
developing new durability processes and/or updating existing durability
processes using good engineering judgment.
Sec. 86.1826-01 Assigned deterioration factors for small volume
manufacturers and small volume test groups.
(a) Applicability. This program is an option available to small
volume manufacturers certified under the small volume manufacturer
provisions of Sec. 86.1838-01(b)(1) and small volume test groups
certified under the small volume test group provisions of Sec. 86.1838-
01(b)(2). Manufacturers may elect to use these procedures in lieu of
the requirements of Secs. 86.1823-01, 86.1824-01, and 86.1825-01 of
this subpart.
(b) Determination of deterioration factors. No service accumulation
method or vehicle/component selection method is required. Deterioration
factors for all types of regulated emissions are determined using the
provisions in this paragraph. A separate assigned deterioration factor
is required for each durability group. Manufacturers shall use good
engineering judgment in determining deterioration factors.
(1) Manufacturers with aggregated sales of less than 301 motor
vehicles and motor vehicle engines per year (determined under the
provisions of Sec. 86.1838-01(b)) may use assigned deterioration
factors that the Administrator determines and prescribes.
(i) The deterioration factors will be the Administrator's estimate,
periodically updated and published in a guidance document or advisory
circular, of the 70th percentile deterioration factors calculated using
the industry-wide data base of previously completed durability data
vehicles or engines used for certification.
(ii) If there is insufficient deterioration information to
calculate an appropriate industry-wide deterioration factor (for
example: a new engine technology coupled with a proven emission control
system), the Administrator may, at his/her discretion, use alternative
methods to develop a deterioration factor.
(2) Manufacturers with aggregated sales from and including 301
through 14,999 motor vehicles and motor vehicle engines per year
(determined under the provisions of Sec. 86.1838-01(b)) certifying
light-duty vehicle or trucks on vehicles equipped with proven emission
control systems shall conform to the following provisions:
(i) Manufacturers shall use assigned deterioration factors that the
manufacturer determines based on its good engineering judgment.
(A) The manufacturer may not use deterioration factors less than
either the average or 70th percentile of all of that manufacturer's
deterioration factor data, whichever is less. These minimum
deterioration factors shall be calculated according to procedures in
paragraph (b)(2)(ii), of this section.
(B) If the manufacturer does not have at least two data points to
calculate these manufacturer specific average deterioration factors,
then the deterioration factors shall be no less than the EPA supplied
industry-wide deterioration factors.
(C) If there is insufficient deterioration information to calculate
an appropriate industry-wide deterioration factor (for example, a new
engine technology coupled with a proven emission control system), the
Administrator may, at his/her discretion, use alternative methods to
develop a deterioration factor.
(ii) The manufacturer's minimum deterioration factors shall be
calculated using the deterioration factors from all durability groups,
within the same vehicle/engine-fuel usage category (e.g., gasoline-
fueled light-duty vehicle, etc.) previously certified to the same
emission standards.
[[Page 23950]]
(A) The manufacturer shall use only deterioration factors from
durability groups whose test groups were previously certified by the
manufacturer and the deterioration factors shall not be included in the
calculation more than once.
(B) The deterioration factors for each pollutant shall be
calculated separately.
(C) The manufacturer may, at its option, limit the deterioration
factors used in the calculation of the manufacturer's minimum
deterioration factors to those from all similar emission control
systems to the system being certified if sufficient data (i.e., from at
least two certified systems) exists.
(D) All data eligible to be grouped as similar emission control
system data shall be used in calculating similar system deterioration
factors.
(E) Any deterioration factors used in calculating similar system
deterioration factors shall not be included in calculating the
manufacturer's minimum deterioration factors used to certify any of the
manufacturer's remaining vehicle systems.
(3) Manufacturers with aggregated sales from 301 through 14,999
motor vehicles and motor vehicle engines and certifying light-duty
vehicle exhaust emissions from vehicles equipped with unproven emission
control systems shall conform to the following provisions:
(i) The manufacturer shall use deterioration factors that the
manufacturer determines from official certification durability data
generated by vehicles from durability groups representing a minimum of
25 percent of the manufacturer's sales equipped with unproven emission
control systems.
(ii) The sales projections are to be based on total sales projected
for each test group.
(iii) The durability data vehicle mileage accumulation and emission
tests are to be conducted in accordance with Sec. 86.1831-01.
(iv) The manufacturer must develop either deterioration factors or
aged components to use on EDV testing by generating durability data in
accordance with Sec. 86.1823-01, 86.1824-01, and/or 86.1825-01 on a
minimum of 25 percent of the manufacturer's projected sales (based on
durability groups) that is equipped with unproven emission control
systems.
(v) The manufacturer must complete the 25 percent durability
requirement before the remainder of the manufacturer's sales equipped
with unproven emission control systems is certified using manufacturer-
determined assigned deterioration factors.
(c) Emission component durability. The manufacturer shall use good
engineering judgment to determine that all emission-related components
are designed to operate properly for the useful life of the vehicles in
actual use (or alternative intervals as permitted in Sec. 86.1805-01).
Sec. 86.1827-01 Test group determination.
This section applies to the grouping of vehicles into test groups
within a durability group. The vehicles covered by an application
within a durability group shall be divided into test groups based on
the following criteria. The manufacturer shall use good engineering
judgment in grouping vehicles into test groups.
(a) To be included in the same test group, vehicles must be
identical in all following respects:
(1) Durability group;
(2) Engine displacement (within a total band width of 15 percent of
the largest displacement or 50 CID, whichever is larger);
(3) Number of cylinders or combustion chambers;
(4) Arrangement of cylinders or combustion chambers (e.g. in-line,
v-shaped);
(5) Subject to the same emission standards. Light-duty trucks which
are subject to the same emission standards as light-duty vehicles with
the exception of the light-duty truck idle CO standard and/or total HC
standard may be included in the same test group.
(b) Where vehicles are of a type which cannot be divided into test
groups based on the criteria listed above (such as non-cylinder
engines), the Administrator will establish test groups for those
vehicles based upon the features most related to their exhaust emission
characteristics.
(c) Manufacturers may further divide groups determined under
paragraph (a) of this section providing the Administrator is notified
in advance of any such changes in writing.
(d) Manufacturers may request the Administrator's approval to
combine vehicles into a single test group which would normally not be
eligible to be in a single test group. The petition should provide:
(1) Substantial evidence that all the vehicles in the larger
grouping will have the similar levels of emissions;
(2) Evidence of equivalent component durability over the vehicle's
useful life; and
(3) Evidence that the groups will result in sufficient in-use
verification program data, appropriate tracking in use, and clear
liability for the Agency's recall program.
Sec. 86.1828-01 Emission data vehicle selection.
(a) FTP and SFTP testing. Within each test group, the vehicle
configuration shall be selected which is expected to be worst-case for
exhaust emission compliance on candidate in-use vehicles, considering
all exhaust emission constituents, all exhaust test procedures, and the
potential impact of air conditioning on test results. The selected
vehicle will include an air conditioning engine code unless the worst-
case vehicle configuration selected is not available with air
conditioning. This vehicle configuration will be used as the EDV
calibration.
(b) Evaporative/Refueling testing. Vehicles of each evaporative/
refueling family will be divided into evaporative/refueling emission
control systems.
(1) The vehicle configuration expected to exhibit the highest
evaporative and/or refueling emission on candidate in-use vehicles
shall be selected for each evaporative/refueling family and evaporative
refueling emission system combination from among the corresponding
vehicles selected for FTP and SFTP testing under paragraph (a) of this
section. Separate vehicles may be selected to be tested for evaporative
and refueling testing.
(2) Each test group must be represented by both evaporative and
refueling testing (provided that the refueling standards are
applicable) before it may be certified. That required testing may have
been conducted on a vehicle in another test group provided the tested
vehicle is a member of the same evaporative/refueling family and
evaporative/refueling emission system combination and it was selected
for testing in accordance with the provisions of paragraph (b)(1) of
this section.
(3) For evaporative/refueling emission testing, the vehicle(s)
selected shall be equipped with the worst-case evaporative/refueling
emission hardware available on that vehicle considering such items as
canister size and material, fuel tank size and material, purge strategy
and flow rates, refueling characteristics, and amount of vapor
generation.
(c) Cold CO testing. For cold temperature CO exhaust emission
compliance for each durability group, the vehicle expected to emit the
highest CO emissions at 20 degrees F on candidate in-use vehicles shall
be selected from the test vehicles selected in accordance with
paragraph (a) of this section.
[[Page 23951]]
(d) Certification Short Test testing. For CST exhaust emission
compliance for each durability group, the vehicle expected to emit the
highest CST emissions on candidate in-use vehicles shall be selected
from the vehicles selected in accordance with paragraph (a) of this
section. The manufacturer may elect to submit a compliance statement in
lieu of test data under the provisions of Sec. 86.1829-01.
(e) The manufacturer may select, using good engineering judgement,
an equivalent or worst-case configuration in lieu of testing the
vehicle selected in paragraphs (a) through (d) of this section.
Carryover data satisfying the provisions of Sec. 86.1839-01 may also be
used in lieu of testing the configuration selected in paragraphs (a)
through (d) of this section.
(f) The manufacturer shall use good engineering judgment in making
selections of vehicles under this section.
Sec. 86.1829-01 Durability and emission testing requirements; waivers.
(a) Durability demonstration. (1) One durability demonstration is
required for each durability group.
(2) The configuration of the DDV is determined according to the
provisions of Sec. 86.1822-01.
(3) The DDV shall be tested and accumulate service mileage
according to the provisions of Secs. 86.1831-01, 86.1823-01, 86.1824-01
and 86.1825-01. Small volume manufacturers and small volume test groups
may optionally meet the requirements of Sec. 86.1838-01.
(b) Emissions demonstration. (1) FTP and SFTP Exhaust Testing. (i)
Testing at low altitude. One EDV shall be tested in each test group for
exhaust emissions using the FTP and SFTP test procedures of subpart B
of this part. The configuration of the EDV will be determined under the
provisions of Sec. 86.1828-01 of this subpart.
(ii) Testing at high altitude. For high-altitude exhaust emission
compliance for each test group, the manufacturer shall follow one of
the following two procedures:
(A) One EDV shall be tested in each test group for exhaust
emissions using the FTP test procedures of subpart B of this part. The
configuration of the EDV will be determined under the provisions of
Sec. 86.1828-01; or
(B) In lieu of testing vehicles according to the provisions of
paragraph (b)(1)(ii)(A) of this section, a manufacturer may provide a
statement in its application for certification that, based on the
manufacturer's engineering evaluation of appropriate high-altitude
emission testing, all light-duty vehicles and light-duty trucks comply
with the emission standards at high altitude.
(iii) Data submittal waivers. (A) In lieu of testing a methanol-
fueled diesel-cycle light truck for particulate emissions a
manufacturer may provide a statement in its application for
certification that such light trucks comply with the applicable
standards. Such a statement shall be based on previous emission tests,
development tests, or other appropriate information.
(B) In lieu of testing a gasoline-fueled or methanol-fueled Otto-
cycle certification light-duty vehicle or light-duty trucks for
particulate emissions a manufacturer may provide a statement in its
application for certification that such vehicles comply with the
applicable standards. Such a statement shall be based on previous
emission tests, development tests, or other appropriate information.
(C) A manufacturer may petition the Administrator for a waiver of
the requirement to submit total hydrocarbon emission data. If the
waiver is granted, then in lieu of testing a certification light-duty
vehicle or light-duty truck for total hydrocarbon emissions the
manufacturer may provide a statement in its application for
certification that such vehicles comply with the applicable standards.
Such a statement shall be based on previous emission tests, development
tests, or other appropriate information.
(D) A manufacturer may petition the Administrator to waive the
requirement to measure particulate emissions when conducting Selective
Enforcement Audit testing of Otto-cycle vehicles.
(2) Evaporative/Refueling testing. Vehicles of each evaporative/
refueling family will be divided into evaporative/refueling emission
control systems. Applicability of the refueling test requirements of
this paragraph shall be determined in accordance with the applicability
of the refueling loss standards under the provisions of Sec. 86.1810.
(i) Testing at low altitude. One EDV in each evaporative/refueling
family and evaporative/refueling emission control system combination
shall be tested in accordance with the evaporative/refueling test
procedure requirement of subpart B of this part. The configuration of
the EDV will be determined under the provisions of Sec. 86.1828-01. The
EDV must also be tested for exhaust emission compliance using the FTP
and SFTP procedures of subpart B of this part.
(ii) Testing at high altitude. For high-altitude evaporative and/or
refueling emission compliance for each evaporative/refueling family,
the manufacturer shall follow one of the following two procedures:
(A) One EDV in each evaporative/refueling family and evaporative/
refueling emission control system combination shall be tested in
accordance with the evaporative/refueling test procedure requirement of
subpart B of this part. The configuration of the EDV will be determined
under the provisions of Sec. 86.1824-01. The EDV must also be tested
for exhaust emissions using the FTP procedures of subpart B of this
part while operated at high altitude; or
(B) In lieu of testing vehicles according to the provisions of
paragraph (b)(2)(ii)(A) of this section, a manufacturer may provide a
statement in its application for certification that, based on the
manufacturer's engineering evaluation of such high-altitude emission
testing as the manufacturer deems appropriate, all light-duty vehicles
and light-duty trucks comply with the emission standards at high
altitude.
(3) Cold CO Testing. One EDV in each durability group shall be
tested for cold temperature CO exhaust emission compliance in
accordance with the test procedures in subpart C of this part or with
alternative procedures requested by the manufacturer and approved in
advance by the Administrator. The selection of which EDV and test group
within the durability group will be tested for cold CO compliance will
be determined under the provisions of Sec. 86.1828-01(c).
(4) Certification Short Test testing. (i) To determine CST emission
compliance for each durability group, the manufacturer shall follow one
of the following two procedures:
(A) One EDV in each durability group shall be tested in accordance
with the CST procedures set forth in subpart O of this part. The
configuration of the EDV will be determined under the provisions of
Sec. 86.1828-01(d). The EDV must also be tested for exhaust emissions
using the FTP and SFTP procedures of subpart B of this part; or
(B) In lieu of testing vehicles according to the provisions of
Sec. 86.1829-01(b)(4)(i)(A), a manufacturer may provide a statement in
its application for certification that, based on the manufacturer's
engineering evaluation of such CST testing as the manufacturer deems
appropriate, all light-duty vehicles and light-duty trucks comply with
the CST emission standards.
(ii) For light-duty vehicles and light-duty trucks, a manufacturer
with a test group that cannot be appropriately tested on all
Certification Short Test
[[Page 23952]]
emission test procedures described in Sec. 86.1439 may request an
exemption, as described in Sec. 86.1427(d), from the inappropriate
test(s) for purposes of demonstrating compliance with the Certification
Short Test as described in subpart O of this part.
(iii) For light-duty vehicles and light-duty trucks, a manufacturer
with a test group that can be appropriately tested on none of the
Certification Short Test emission test procedures described in
Sec. 86.1439 may request an alternative procedure as described in
Sec. 86.1427(d).
(5) Idle CO Testing. To determine idle CO emission compliance for
light-duty trucks, the manufacturer shall follow one of the following
two procedures:
(i) For test groups containing light-duty trucks, each EDV shall be
tested in accordance with the idle CO testing procedures of subpart B
of this part; or
(ii) In lieu of testing light trucks for idle CO emissions, a
manufacturer may provide a statement in its application for
certification that, based on the manufacturer's engineering evaluation
of such idle CO testing as the manufacturer deems appropriate, all
light-duty trucks comply with the idle CO emission standards.
(c) Running change testing. Running change testing shall be
conducted as required under the provisions of Sec. 86.1842-01.
Sec. 86.1830-01 Acceptance of vehicles for emission testing.
(a) General test vehicle requirements. (1) All test vehicles shall
be tested in the proper configurations as specified in Secs. 86.1822-
01, 86.1828-01, or 86.1842-01, as applicable for the type of test
conducted.
(2) Components affecting emissions which are used to build test
vehicles shall either be randomly selected production parts or parts
verified to be in the middle 50 percent of the tolerance range. The
manufacturer will determine which components affect emissions using
good engineering judgment.
(3) Test vehicles must have air conditioning installed and
operational if that configuration is available with air conditioning.
Optional equipment must be installed or represented on test vehicles
according to the provisions of Sec. 86.1832-01.
(4) Test vehicles must receive proper scheduled maintenance as
established by the manufacturer according to the provisions of
Sec. 86.1834-01(b) or (c). Unscheduled maintenance must be approved
under the provisions of Sec. 86.1834-01(d).
(5) Vehicle mileage shall be accumulated in accordance with
Sec. 86.1831-01.
(6) The road load forces and equivalent test weight used during
testing will be determined according to the provisions of Sec. 86.129-
00.
(7) Test vehicles shall have the appropriate emission testing
hardware installed (e.g., exhaust pipe testing flange, fuel tank drain,
access ports to evaporative canisters, and fuel tank heat blanket) and
shall have tires with appropriate tire wear.
(b) Special provisions for durability data vehicles. (1) For DDV's,
the mileage at all test points shall be within 250 miles of the
scheduled mileage point as required under Sec. 86.1823-01(b).
Manufacturers may exceed the 250 mile upper limit if there are
logistical reasons for the deviation and the manufacturer determines
that the deviation will not affect the representativeness of the
durability demonstration.
(2) For DDV's, except as allowed under the bench testing provisions
of Sec. 86.1823-01, all emission-related hardware and software must be
installed and operational during all mileage accumulation after the
5000-mile test point.
(3) DDV's may be reconfigured before the 5000-mile test point
providing that the representativeness of the emission results will not
be affected. Manufacturers shall use good engineering judgment in
making such determinations.
(c) Special provisions for emission data vehicles. (1) All EDV's
shall have at least the minimum number of miles accumulated to achieve
stabilized emission results according to the provisions of
Sec. 86.1831-01(c)(4).
(2) Within a durability group, the manufacturer may alter any
emission data vehicle (or other vehicles such as current or previous
model year emission data vehicles, running change vehicles, fuel
economy data vehicles, and development vehicles) in lieu of building a
new test vehicle providing that the modification will not impact the
representativeness of the vehicle's test results. Manufacturers shall
use good engineering judgment in making such determinations.
Development vehicles which were used to develop the calibration
selected for emission data testing may not be used as the EDV for that
configuration. Vehicles from outside the durability group may be
altered with advance approval of the Administrator.
(3) Components used to reconfigure EDV's under the provisions of
paragraph (c)(2) of this section shall be appropriately aged if
necessary to achieve representative emission results. Manufacturers
shall determine the need for component aging and the type and amount of
aging required using good engineering judgment.
(4) Bench-aged hardware may be installed on an EDV for emission
testing as a method of determining certification levels (projected
emission levels at full or intermediate useful life) using bench aging
procedures approved under the provisions of Sec. 86.1823-01.
Sec. 86.1831-01 Mileage accumulation requirements for test vehicles.
(a) Durability Data Vehicles. (1) The manufacturer shall accumulate
mileage on DDV's using the procedures which have been approved under
the provisions of Sec. 86.1823-01(a)(1).
(2) All tests required by this subpart on durability data vehicles
shall be conducted within 250 miles of each of the nominal test point
mileage. This
+/-250 mile test point mileage tolerance may be modified with the
advance approval of the Administrator if the basis for the written
request is to prevent an interruption of durability mileage
accumulation due to test scheduling conflicts for weekends, holidays,
or other similar circumstances.
(b) Emission data vehicles and running change vehicles. (1) The
standard method of service accumulation for emission data vehicles and
running change vehicles shall be mileage accumulation using the
Durability Driving Schedule as specified in Appendix IV to this part.
(2) The manufacturer may use an alternative mileage accumulation
method providing the form and extent of the service accumulation
represents normal driving patterns for that vehicle, the method is
consistent with good engineering judgment, and the method is described
in the application for certification.
(3) Except with the advance approval of the Administrator, all
vehicles will accumulate mileage at a measured curb weight which is
within 100 pounds of the estimated curb weight. If the loaded vehicle
weight is within 100 pounds of being included in the next higher
inertia weight class as specified in Sec. 86.129, the manufacturer may
elect to conduct the respective emission tests at higher loaded vehicle
weight.
(c) The manufacturer shall determine the mileage at which the
emission control system and engine combination is stabilized for
emission-data testing. The manufacturer shall provide to the
Administrator if requested, a record of the analysis used in making
this determination. The manufacturer may
[[Page 23953]]
elect to accumulate 2,000 miles (3,219 kilometers) or more on each test
vehicle without making a determination. The manufacturer must
accumulate a minimum of 1,000 miles (1,608 kilometers) on each emission
data vehicle.
(d) All test vehicle mileage must be accurately determined,
recorded, and reported to the Administrator upon request.
Sec. 86.1832-01 Optional equipment and air conditioning for test
vehicles.
For test vehicles selected under Secs. 86.1822-01 and 86.1828-01:
(a)(1) Where it is expected that more than 33 percent of a car
line, within a test group, will be equipped with an item (whether that
item is standard equipment or an option), the full estimated weight of
that item must be included in the curb weight computation for each
vehicle available with that item in that car line, within that test
group.
(2) Where it is expected that 33 percent or less of the car line,
within a test group, will be equipped with an item (whether that item
is standard equipment or an option), no weight for that item will be
added in computing the curb weight for any vehicle in that car line,
within that test group, unless that item is standard equipment on the
vehicle.
(3) In the case of mutually exclusive options, only the weight of
the heavier option will be added in computing the curb weight.
(4) Optional equipment weighing less than three pounds per item
need not be considered.
(b)(1) Where it is expected that more than 33 percent of a car
line, within a test group, will be equipped with an item (whether that
item is standard equipment or an option) that can reasonably be
expected to influence emissions, then such items must actually be
installed (unless excluded under paragraph (b)(2) of this section) on
all emission data and durability data vehicles of that car line, within
that test group, on which the items are intended to be offered in
production. Items that can reasonably be expected to influence
emissions include, but are not limited to: air conditioning, power
steering, and power brakes.
(2) If the manufacturer determines by test data or engineering
evaluation that the actual installation of the optional equipment
required by paragraph (b)(1) of this section does not affect the
emissions or fuel economy values, the optional equipment need not be
installed on the test vehicle.
(3) The weight of the options must be included in the design curb
weight and must also be represented in the weight of the test vehicles.
(4) The engineering evaluation, including any test data, used to
support the deletion of optional equipment from test vehicles, shall be
maintained by the manufacturer and be made available to the Agency upon
request by the Administrator within 15 business days.
(c) Except for air conditioning, where it is expected that 33
percent or less of a car line, within a test group, will be equipped
with an item (whether that item is standard equipment or an option)
that can reasonably be expected to influence emissions, that item may
not be installed on any emission data vehicle or durability data
vehicle of that car line within that test group, unless that item is
standard equipment on that vehicle or specifically required by the
Administrator.
(d) Air conditioning must be installed and operational on any
emission data vehicle of any vehicle configuration that is projected to
be available with air conditioning regardless of the rate of
installation of air conditioning within the car line. Paragraphs (a)
through (c) of this section will be used to determine whether the
weight of the air conditioner will be included in the equivalent test
weight calculations for emission testing.
Sec. 86.1833-01 Adjustable parameters.
(a) At the time that emission data vehicles are selected for the
test fleet, a determination shall be made of those vehicle or engine
parameters which will be subject to adjustment for certification,
Selective Enforcement Audit and Production Compliance Audit testing,
the adequacy of the limits, stops, seals, or other means used to
inhibit adjustment, and the resulting physically adjustable ranges for
each such parameter. The manufacturer shall use good engineering
judgment in making such determinations and shall notify the
Administrator of its determinations prior to emission data vehicle
testing for the affected test groups (preferably at an annual preview
meeting scheduled before the manufacturer begins certification
activities for the model year).
(1) Determining parameters subject to adjustment.
(i) The following parameters may be subject to adjustment: the idle
fuel-air mixture parameter on Otto-cycle vehicles; the choke valve
action parameter(s) on carbureted, Otto-cycle vehicles (or engines); or
any parameter on any vehicle (Otto-cycle or diesel) which is physically
capable of being adjusted, may significantly affect emissions, and was
not present on the manufacturer's vehicles (or engines) in the previous
model year in the same form and function.
(ii) Any other parameters on any vehicle or engine which are
physically capable of being adjusted and which may significantly affect
emissions may be determined to be subject to adjustment. However, the
Administrator may do so only if he/she has previously notified the
manufacturer that he/she might do so and has found, at the time he/she
gave this notice, that the intervening period would be adequate to
permit the development and application of the requisite technology,
giving appropriate consideration to the cost of compliance within such
period. In no event will this notification be given later than
September 1 of the calendar year two years prior to the model year.
(iii) In determining the parameters subject to adjustment, the
following shall be taken into consideration: the likelihood that, for
each of the parameters listed in paragraphs (e)(1) (i) and (ii) of this
section, settings other than the manufacturer's recommended setting
will occur on in-use vehicles (or engines). In determining likelihood,
such factors may be considered as information contained in the
preliminary application, surveillance information from similar in-use
vehicles, the difficulty and cost of gaining access to an adjustment,
damage to the vehicle if an attempt is made to gain such access and the
need to replace parts following such attempt, and the effect of
settings other than the manufacturer's recommended setting on vehicle
performance characteristics including emission characteristics.
(2)(i) A parameter may be determined to be adequately inaccessible
or sealed if:
(A) In the case of an idle mixture screw, the screw is recessed
within the carburetor casting and sealed with lead, thermosetting
plastic, or an inverted elliptical spacer or sheared off after
adjustment at the factory, and the inaccessibility is such that the
screw cannot be accessed and/or adjusted with simple tools in one-half
hour or for $20 (1978 dollars) or less;
(B) In the case of a choke bimetal spring, the plate covering the
bimetal spring is riveted or welded in place, or held in place with
nonreversible screws;
(C) In the case of a parameter which may be adjusted by elongating
or bending adjustable members (e.g., the choke vacuum break), the
elongation of the adjustable member is limited by design or, in the
case of a bendable member, the member is constructed of
[[Page 23954]]
a material which when bent would return to its original shape after the
force is removed (plastic or spring steel materials);
(D) In the case of any parameter, the manufacturer demonstrates
that adjusting the parameter to settings other than the manufacturer's
recommended setting takes more than one-half hour or costs more than
$20 (1978 dollars).
(ii) A physical limit or stop shall be determined to be an adequate
restraint on adjustability if:
(A) In the case of a threaded adjustment, the threads are
terminated, pinned, or crimped so as to prevent additional travel
without breakage or need for repairs which take more than one-half hour
or cost more than $20 (1978 dollars);
(B) The adjustment is ineffective at the end of the limits of
travel regardless of additional forces or torques applied to the
adjustment;
(C) The manufacturer demonstrates that travel or rotation limits
cannot be exceeded with the use of simple and inexpensive tools
(screwdriver, pliers, open-end or box wrenches, etc.) without incurring
significant and costly damage to the vehicle or control system or
without taking more than one-half hour or costing more than $20 (1978
dollars).
(iii) If manufacturer service manuals or bulletins describe routine
procedures for gaining access to a parameter or for removing or
exceeding a physical limit, stop, seal or other means used to inhibit
adjustment, or if surveillance data indicate that gaining access,
removing, or exceeding is likely, paragraphs (a)(2)(i) and (ii) of this
section shall not apply for that parameter.
(iv) In determining the adequacy of a physical limit, stop, seal,
or other means used to inhibit adjustment of a parameter not covered by
paragraph (a)(2)(i) or (ii) of this section, the following shall be
considered: the likelihood that it will be circumvented, removed, or
exceeded on in-use vehicles. In determining likelihood, such factors
may be considered as, but not limited to, information contained in the
preliminary application; surveillance information from similar in-use
vehicles; the difficulty and cost of circumventing, removing, or
exceeding the limit, stop, seal, or other means; damage to the vehicle
if an attempt is made to circumvent, remove, or exceed it and the need
to replace parts following such attempt; and the effect of settings
beyond the limit, stop, seal, or other means on vehicle performance
characteristics other than emission characteristics.
(v) In the case of electronic components on circuit boards (such as
onboard computers) the board is covered with a epoxy resin which
inhibits the access to components on the board (commonly referred to as
potting).
(3) Two physically adjustable ranges shall be determined for each
parameter subject to adjustment:
(i)(A) In the case of a parameter determined to be adequately
inaccessible or sealed, the following may be included within the
physically adjustable range applicable to testing under this subpart:
all settings within the production tolerance associated with the
nominal setting for that parameter, as specified by the manufacturer in
the application for certification or other information; or
(B) In the case of other parameters, all settings within physical
limits or stops determined to be adequate restraints on adjustability
shall be included within this range. The production tolerances on the
location of these limits or stops may be included when determining the
physically adjustable range.
(ii)(A) In the case of a parameter determined to be adequately
inaccessible or sealed, only the actual settings to which the parameter
is adjusted during production shall be included within the physically
adjustable range applicable to testing under subparts G or K (Selective
Enforcement Audit and Production Compliance Audit) of this part; or
(B) In the case of other parameters, all settings within physical
limits or stops determined to be adequate restraints on adjustability,
as they are actually located on the test vehicle, shall be included
within the range.
(b) In lieu of making the determinations required in paragraph (a)
of this section, the manufacturer may request a determination be made
by the Administrator prior to emission testing. In that case, all the
information discussed in paragraph (a) of this section shall be
provided to the Administrator. The Administrator will respond within 90
days (excluding the elapsed time during which additional information
requested by the Administrator is being gathered by the manufacturer)
following the receipt of the request for determination.
(c) If the Administrator determines that the decisions made by the
manufacturer under the provisions of paragraph (a) of this section were
not made using good engineering judgment, the Administrator will
overrule the manufacturers' decisions and conduct testing for
Certification, Selective Enforcement Audit and/or Production Compliance
Audit purposes by adjusting parameters according to his/her
determination of those vehicle or engine parameters subject to
adjustment, the adequacy of the limits, stops, seals, or other means
used to inhibit adjustment, and the resulting physically adjustable
ranges for each such parameter. Furthermore, the Administrator may
reject testing performed by the manufacturer which failed to follow
his/her determinations.
(d) Within 30 days following receipt of notification of the
Administrator's determinations made under paragraph (b) or (c) of this
section, the manufacturer may request a hearing on the Administrator's
determinations. The request shall be in writing, signed by an
authorized representative of the manufacturer, and shall include a
statement specifying the manufacturer's objections to the
Administrator's determinations, and data in support of such objections.
If, after review of the request and supporting data, the Administrator
finds that the request raises a substantial factual issue, he shall
provide the manufacturer a hearing in accordance with Sec. 86.1853-01
with respect to such issue.
Sec. 86.1834-01 Allowable maintenance.
(a) Maintenance performed on vehicles, engines, subsystems, or
components used to determine exhaust, evaporative or refueling emission
deterioration factors, as appropriate, is classified as either
emission-related or non-emission-related and each of these can be
classified as either scheduled or unscheduled. Further, some emission-
related maintenance is also classified as critical emission-related
maintenance.
(b) This section specifies emission-related scheduled maintenance
for purposes of obtaining durability data and for inclusion in
maintenance instructions furnished to purchasers of new motor vehicles
and under Sec. 86.1808-01.
(1) All emission-related scheduled maintenance for purposes of
obtaining durability data must occur at the same mileage intervals (or
equivalent intervals if engines, subsystems, or components are used)
that will be specified in the manufacturer's maintenance instructions
furnished to the ultimate purchaser of the motor vehicle or engine
under Sec. 86.1808-01. This maintenance schedule may be updated as
necessary throughout the testing of the vehicle/engine, provided that
no maintenance operation is deleted from the maintenance schedule after
the operation has been performed on the test vehicle or engine.
(2) Any emission-related maintenance which is performed on
vehicles, engines, subsystems, or components must be technologically
necessary to
[[Page 23955]]
assure in-use compliance with the emission standards. Manufacturers
shall determine the technological need for maintenance using good
engineering judgment. The Administrator has determined that emission-
related maintenance at shorter intervals than those outlined in
paragraphs (b)(3) and (4) of this section is not technologically
necessary to ensure in-use compliance. However, the Administrator may
determine that maintenance even more restrictive (e.g., longer
intervals) than that listed in paragraphs (b)(3) and (4) of this
section is also not technologically necessary.
(3) Emission-related maintenance in addition to, or at shorter
intervals than, that listed in paragraphs (b)(3)(i) through (iv) of
this section will not be accepted as technologically necessary, except
as provided in paragraph (b)(6) of this section.
(i) The cleaning or replacement of light-duty vehicle or light-duty
truck spark plugs shall occur at 30,000 miles of use and at 30,000-mile
intervals thereafter.
(ii) The adjustment, cleaning, repair, or replacement of the
following items shall occur at 50,000 miles of use and at 50,000-mile
intervals thereafter:
(A) Positive crankcase ventilation valve.
(B) Emission-related hoses and tubes.
(C) Ignition wires.
(D) Idle mixture.
(iii) The adjustment, cleaning, repair, or replacement of the
oxygen sensor shall occur at 80,000 miles (or 2,400 hours) of use and
at 80,000-mile (or 2,400-hour) intervals thereafter.
(iv) The adjustment, cleaning, repair, or replacement of the
following items shall occur at 100,000 miles of use and at 100,000-mile
intervals thereafter:
(A) Catalytic converter.
(B) Air injection system components.
(C) Fuel injectors.
(D) Electronic engine control unit and its associated sensors
(except oxygen sensor) and actuators.
(E) Evaporative and/or refueling emission canister(s).
(F) Turbochargers.
(G) Carburetors.
(H) Superchargers.
(I) EGR System including all related filters and control valves.
(J) Mechanical fillpipe seals.
(4) For diesel-cycle light-duty vehicles and light-duty trucks,
emission-related maintenance in addition to, or at shorter intervals
than the following will not be accepted as technologically necessary,
except as provided in paragraph (b)(6) of this section:
(i) The adjustment, cleaning, repair, or replacement of the
positive crankcase ventilation valve shall occur at 50,000 miles of use
and at 50,000-mile intervals thereafter.
(ii) The adjustment, cleaning, repair, or replacement shall occur
at 100,000 miles of use and at 100,000-mile intervals thereafter of the
following items:
(A) Fuel injectors.
(B) Turbocharger.
(C) Electronic engine control unit and its associated sensors and
actuators.
(D) Particulate trap or trap-oxidizer system (including related
components).
(E) Exhaust gas recirculation system including all related filters
and control valves.
(F) Catalytic converter.
(G) Superchargers.
(5) Critical emission-related components.
(i) The following components are defined as critical emission-
related components:
(A) Catalytic converter.
(B) Air injection system components.
(C) Electronic engine control unit and its associated sensors
(including oxygen sensor if installed) and actuators.
(D) Exhaust gas recirculation system (including all related filters
and control valves).
(E) Positive crankcase ventilation valve.
(F) Evaporative and refueling emission control system components
(excluding canister air filter).
(G) Particulate trap or trap-oxidizer system.
(ii) All critical emission-related scheduled maintenance must have
a reasonable likelihood of being performed in use. The manufacturer
shall be required to show the reasonable likelihood of such maintenance
being performed in use, and such showing shall be made prior to the
performance of the maintenance on the durability data vehicle. Critical
emission-related scheduled maintenance items which satisfy one of the
conditions defined in paragraphs (b)(5)(ii) (A) through (F) of this
section will be accepted as having a reasonable likelihood of the
maintenance item being performed in use.
(A) Data are presented which establish for the Administrator a
connection between emissions and vehicle performance such that as
emissions increase due to lack of maintenance, vehicle performance will
simultaneously deteriorate to a point unacceptable for typical driving.
(B) Survey data are submitted which adequately demonstrate to the
Administrator that, at an 80 percent confidence level, 80 percent of
such engines already have this critical maintenance item performed in
use at the recommended interval(s).
(C) A clearly displayed visible signal system approved by the
Administrator is installed to alert the vehicle driver that maintenance
is due. A signal bearing the message ``maintenance needed'' or ``check
engine,'' or a similar message approved by the Administrator, shall be
actuated at the appropriate mileage point or by component failure. This
signal must be continuous while the engine is in operation and not be
easily eliminated without performance of the required maintenance.
Resetting the signal shall be a required step in the maintenance
operation. The method for resetting the signal system shall be approved
by the Administrator.
(D) A manufacturer may desire to demonstrate through a survey that
a critical maintenance item is likely to be performed without a visible
signal on a maintenance item for which there is no prior in-use
experience without the signal. To that end, the manufacturer may in a
given model year market up to 200 randomly selected vehicles per
critical emission-related maintenance item without such visible
signals, and monitor the performance of the critical maintenance item
by the owners to show compliance with paragraph (b)(5)(ii)(B) of this
section. This option is restricted to two consecutive model years and
may not be repeated until any previous survey has been completed. If
the critical maintenance involves more than one test group, the sample
will be sales weighted to ensure that it is representative of all the
groups in question.
(E) The manufacturer provides the maintenance free of charge, and
clearly informs the customer that the maintenance is free in the
instructions provided under Sec. 86.1808-01.
(F) Any other method which the Administrator approves as
establishing a reasonable likelihood that the critical maintenance will
be performed in use.
(iii) Visible signal systems used under paragraph (b)(5)(ii)(C) of
this section are considered an element of design of the emission
control system. Therefore, disabling, resetting, or otherwise rendering
such signals inoperative without also performing the indicated
maintenance procedure is a prohibited act under section 203(a)(3) of
the Clean Air Act (42 U.S.C. 7522(a)(3)).
(6) Changes to scheduled maintenance. (i) For maintenance practices
that existed prior to the 1980 model year, only the maintenance items
listed in paragraphs (b)(3) and (4) of this section are currently
considered by EPA to be emission-related. The Administrator may,
however, determine
[[Page 23956]]
additional scheduled maintenance items that existed prior to the 1980
model year to be emission-related by announcement in a Federal Register
Notice. In no event may this notification occur later than September 1
of the calendar year two years prior to the affected model year.
(ii) In the case of any new scheduled maintenance, the manufacturer
must submit a request for approval to the Administrator for any
maintenance that it wishes to recommend to purchasers and perform
during durability determination. New scheduled maintenance is that
maintenance which did not exist prior to the 1980 model year, including
that which is a direct result of the implementation of new technology
not found in production prior to the 1980 model year. The manufacturer
must also include its recommendations as to the category (i.e.,
emission-related or non-emission-related, critical or non-critical) of
the subject maintenance and, for suggested emission-related
maintenance, the maximum feasible maintenance interval. Such requests
must include detailed evidence supporting the need for the maintenance
requested, and supporting data or other substantiation for the
recommended maintenance category and for the interval suggested for
emission-related maintenance. Requests for new scheduled maintenance
must be approved prior to the introduction of the new maintenance. The
Administrator will then designate the maintenance as emission-related
or non-emission-related. For maintenance items established as emission-
related, the Administrator will further designate the maintenance as
critical if the component which receives the maintenance is a critical
component under paragraph (b)(5) of this section. For each maintenance
item designated as emission-related, the Administrator will also
establish a technologically necessary maintenance interval, based on
industry data and any other information available to EPA. Designations
of emission-related maintenance items, along with their identification
as critical or non-critical, and establishment of technologically
necessary maintenance intervals, will be announced in the Federal
Register.
(iii) Any manufacturer may request a hearing on the Administrator's
determinations in paragraph (b)(6) of this section. The request shall
be in writing and shall include a statement specifying the
manufacturer's objections to the Administrator's determinations, and
data in support of such objections. If, after review of the request and
supporting data, the Administrator finds that the request raises a
substantial factual issue, he shall provide the manufacturer a hearing
in accordance with Sec. 86.1853-01 with respect to such issue.
(c) Non-emission-related scheduled maintenance which is reasonable
and technologically necessary (e.g., oil change, oil filter change,
fuel filter change, air filter change, cooling system maintenance,
adjustment of idle speed, governor, engine bolt torque, valve lash,
injector lash, timing, adjustment of air pump drive belt tension,
lubrication of the exhaust manifold heat control valve, lubrication of
carburetor choke linkage, re-torquing carburetor mounting bolts, etc.)
may be performed on durability data vehicles at the least frequent
intervals recommended by the manufacturer to the ultimate purchaser,
(e.g., not at the intervals recommended for severe service).
(d) Unscheduled maintenance on light-duty durability data vehicles.
(1) Unscheduled maintenance may be performed during the testing
used to determine deterioration factors, except as provided in
paragraphs (d)(2) and (3) of this section, only under the following
provisions defined in paragraphs (d)(1) (i) through (iii) of this
section:
(i) A fuel injector or spark plug may be changed if a persistent
misfire is detected.
(ii) Readjustment of an Otto-cycle vehicle cold-start enrichment
system may be performed if there is a problem of stalling.
(iii) Readjustment of the engine idle speed (curb idle and fast
idle) may be performed in addition to that performed as scheduled
maintenance under paragraph (c) of this section if the idle speed
exceeds the manufacturer's recommended idle speed by 300 rpm or more,
or if there is a problem of stalling.
(2) Any other unscheduled vehicle, emission control system, or fuel
system adjustment, repair, removal, disassembly, cleaning, or
replacement during testing to determine deterioration factors shall be
performed (using good engineering judgment) only in the following
circumstances:
(i) The part failure or system malfunction, or the repair of such
failure or malfunction, does not render the vehicle or engine
unrepresentative of vehicles or engines in use and does not require
direct access to the combustion chamber, except for spark plug, fuel
injection component, or removable prechamber removal or replacement.
(ii) The need for maintenance or repairs is indicated by an overt
indication of malfunction such as persistent misfiring, engine
stalling, overheating, fluid leakage, loss of oil pressure, excessive
fuel consumption, or excessive power loss. The Administrator shall be
given the opportunity to verify the existence of an overt indication of
part failure and/or vehicle/engine malfunction (e.g., misfiring,
stalling, black smoke), or an activation of an audible and/or visible
signal, prior to the performance of any maintenance to which such overt
indication or signal is relevant under the provisions of this section.
(iii) The OBD system of a durability data vehicle representing an
test group certifying fully to the Federal OBD requirements as
specified in Sec. 86.1806-01(a) through (h) has specifically detected
the problem and has illuminated the malfunction indicator light.
(3) Emission measurement may not be used as a means of determining
the need for unscheduled maintenance under paragraph (d)(2) of this
section, except under the following conditions:
(i) The Administrator may approve unscheduled maintenance on
durability data vehicles based upon a significant change in emission
levels that indicates a vehicle or engine malfunction. In these cases
the Administrator may first approve specific diagnostic procedures to
identify the source of the problem. The Administrator may further
approve of specific corrections to the problem after the problem has
been identified. The Administrator may only approve the corrective
action after it is determined that:
(A) The malfunction was caused by nonproduction build practices or
by a previously undetected design problem;
(B) The malfunction will not occur in production vehicles or
engines in use; and
(C) The deterioration factor generated by the durability data
vehicle or engine will remain unaffected by the malfunction or by the
corrective action (e.g., the malfunction was present for only a short
period of time before detection, replacement parts are functionally
representative of the proper mileage or hours, etc.).
(ii) Following any unscheduled maintenance approved under paragraph
(d)(3)(i) of this section, the manufacturer shall perform an after-
maintenance emission test. If the Administrator determines that the
after-maintenance emission levels for any pollutant indicates that the
deterioration factor is no longer representative of production, the
Administrator may disqualify the durability data vehicle or engine.
(4) If a part failure or system malfunction occurrence and/or
repair has rendered the vehicle/engine
[[Page 23957]]
unrepresentative of vehicles in use, the vehicle/engine shall not be
used for determining deterioration factors.
(5) Repairs to vehicle components of a durability data vehicle
other than the engine, emission control system, or fuel system, shall
be performed only as a result of part failure, vehicle system
malfunction, or with the advance approval of the Administrator.
(e) Maintenance on emission data vehicles and engines. (1)
Adjustment of engine idle speed on emission data vehicles may be
performed once before the low-mileage/low-hour emission test point. Any
other engine, emission control system, or fuel system adjustment,
repair, removal, disassembly, cleaning, or replacement on emission data
vehicles shall be performed only with the advance approval of the
Administrator.
(2) Repairs to vehicle components of an emission data vehicle other
than the engine, emission control system, or fuel system, shall be
performed only as a result of part failure, vehicle system malfunction,
or with the advance approval of the Administrator.
(f) Equipment, instruments, or tools may not be used to identify
malfunctioning, maladjusted, or defective engine components unless the
same or equivalent equipment, instruments, or tools will be available
to dealerships and other service outlets and:
(1) Are used in conjunction with scheduled maintenance on such
components; or
(2) Are used subsequent to the identification of a vehicle or
engine malfunction, as provided in paragraph (d)(2) of this section for
durability data vehicles or in paragraph (e)(1) of this section for
emission data vehicles; or
(3) Unless specifically authorized by the Administrator.
(g) Complete emission tests (see Secs. 86.106-96 through 86.145-82)
are required, unless waived by the Administrator, before and after
scheduled maintenance approved for durability data vehicles. The
manufacturer may perform emission tests before unscheduled maintenance.
Complete emission tests are required after unscheduled maintenance
which may reasonably be expected to affect emissions. The Administrator
may waive the requirement to test after unscheduled maintenance. These
test data may be submitted weekly to the Administrator, but shall be
air posted or delivered within 7 days after completion of the tests,
along with a complete record of all pertinent maintenance, including a
preliminary engineering report of any malfunction diagnosis and the
corrective action taken. A complete engineering report shall be
delivered to the Administrator concurrently with the manufacturer's
application for certification.
(h) When air conditioning SFTP exhaust emission tests are required,
the manufacturer must document that the vehicle's air conditioning
system is operating properly and in a representative condition.
Required air conditioning system maintenance is performed as
unscheduled maintenance and does not require the Administrator's
approval.
Sec. 86.1835-01 Confirmatory certification testing.
(a) Testing by the Administrator. (1) The Administrator may require
that any one or more of the test vehicles be submitted to the Agency,
at such place or places as the Agency may designate, for the purposes
of conducting emissions tests. The Administrator may specify that such
testing be conducted at the manufacturer's facility, in which case
instrumentation and equipment specified by the Administrator shall be
made available by the manufacturer for test operations. Any testing
conducted at a manufacturer's facility pursuant to this paragraph shall
be scheduled by the manufacturer as promptly as possible.
(i) The Administrator may adjust or cause to be adjusted any
adjustable parameter of an emission-data vehicle which the
Administrator has determined to be subject to adjustment for
certification testing in accordance with Sec. 86.1833-01(a)(1), to any
setting within the physically adjustable range of that parameter, as
determined by the Administrator in accordance with Sec. 86.1833-
01(a)(3), prior to the performance of any tests to determine whether
such vehicle or engine conforms to applicable emission standards,
including tests performed by the manufacturer under Sec. 86.1829-01(b).
However, if the idle speed parameter is one which the Administrator has
determined to be subject to adjustment, the Administrator shall not
adjust it to a setting which causes a higher engine idle speed than
would have been possible within the physically adjustable range of the
idle speed parameter on the engine before it accumulated any
dynamometer service, all other parameters being identically adjusted
for the purpose of the comparison. The Administrator, in making or
specifying such adjustments, will consider the effect of the deviation
from the manufacturer's recommended setting on emissions performance
characteristics as well as the likelihood that similar settings will
occur on in-use light-duty vehicles or light-duty trucks. In
determining likelihood, the Administrator will consider factors such
as, but not limited to, the effect of the adjustment on vehicle
performance characteristics and surveillance information from similar
in-use vehicles.
(ii) For those vehicles parameters which the Administrator has not
determined to be subject to adjustment during testing in accordance
with Sec. 86.1833-01(a)(1), the vehicle presented to the Administrator
for testing shall be calibrated within the production tolerances
applicable to the manufacturer's specifications to be shown on the
vehicle label (see Sec. 86.1807-01) as specified in the application for
certification. If the Administrator determines that a vehicle is not
within such tolerances, the vehicle will be adjusted, at the facility
designated by the Administrator, prior to the test and an engineering
report shall be submitted to the Administrator describing the
corrective action taken. Based on the engineering report, the
Administrator will determine if the vehicle will be used as an emission
data vehicle.
(2) If the Administrator determines that the test data developed on
an emission data vehicle under paragraph (a)(1) of this section would
cause that vehicle to fail under the provisions of Sec. 86.1841-01,
then the following procedure shall be observed:
(i) The manufacturer may request a retest. Before the retest, those
vehicle or engine parameters which the Administrator has not determined
to be subject to adjustment for certification testing in accordance
with Sec. 86.1833-01(a)(1) may be readjusted to manufacturer's
specification, if these adjustments were made incorrectly prior to the
first test. The Administrator may adjust or cause to be adjusted any
parameter which the Administrator has determined to be subject to
adjustment to any setting within the physically adjustable range of
that parameter, as determined by the Administrator in accordance with
Sec. 86.1833-01(a)(3). Other maintenance or repairs may be performed in
accordance with Sec. 86.1834-01. All work on the vehicle shall be done
at such location and under such conditions as the Administrator may
prescribe.
(ii) The vehicle will be retested by the Administrator and the
results of this test shall comprise the official data for the emission-
data vehicle.
(3) If sufficient durability data are not available at the time of
any emission test conducted under paragraph (a)(1) of this section to
enable the Administrator to
[[Page 23958]]
determine whether an emission-data vehicle would fail, the manufacturer
may request a retest in accordance with the provisions of paragraph
(a)(2) of this section. If the manufacturer does not promptly make such
request, he shall be deemed to have waived the right to a retest. A
request for retest must be made before the manufacturer removes the
vehicle from the test premises.
(4) Retesting for fuel economy reasons may be conducted under the
provisions of 40 CFR 600.008-01.
(b) Manufacturer-conducted confirmatory testing. (1) If the
Administrators determines not to conduct a confirmatory test under the
provisions of paragraph (a) of this section, manufacturers will conduct
a confirmatory test at their facility after submitting the original
test data to the Administrator whenever any of the following conditions
exist:
(i) The vehicle configuration has previously failed an emission
standard;
(ii) The test exhibits high emission levels determined by exceeding
a percentage of the standards specified by the Administrator for that
model year;
(iii) The fuel economy value of the test as measured in accordance
with the procedures in 40 CFR Part 600 is higher than expected based on
procedures approved by the Administrator;
(iv) The fuel economy value as measured in accordance with the
procedures in Part 600 of this title, is close to a Gas Guzzler Tax
threshold value based on tolerances established by the Administrator
for that model year; or
(v) The fuel economy value as measured in accordance with the
procedures in Part 600 of this title, is a potential fuel economy
leader for a class of vehicles based on Administrator provided cut
points for that model year.
(2) If the Administrator selects the vehicle for confirmatory
testing based on the manufacturer's original test results, the testing
shall be conducted as ordered by the Administrator. In this case, the
manufacturer-conducted confirmatory testing specified under paragraph
(b)(1) of this section would not be required.
(3) The manufacturer shall conduct a retest of the FTP or highway
test if the difference between the fuel economy of the confirmatory
test and the original manufacturer's test equals or exceeds three
percent (or such lower percentage to be applied consistently to all
manufacturer conducted confirmatory testing as requested by the
manufacturer and approved by the Administrator).
(i) For use in the fuel economy program described in 40 CFR part
600, the manufacturer may, in lieu of conducting a retest, accept as
official the lower of the original and confirmatory test fuel economy
results.
(ii) The manufacturer shall conduct a second retest of the FTP or
highway test if the fuel economy difference between the second
confirmatory test and the original manufacturer test equals or exceeds
three percent (or such lower percentage as requested by the
manufacturer and approved by the Administrator) and the fuel economy
difference between the second confirmatory test and the first
confirmatory test equals or exceeds three percent (or such lower
percentage as requested by the manufacturer and approved by the
Administrator). In lieu of conducting a second retest, the manufacturer
may accept as official (for use in the fuel economy program) the lowest
of the original test, the first confirmatory test, and the second
confirmatory test fuel economy results.
(c) Official test determination. (1) Whenever the Administrator or
the manufacturer conducts a confirmatory test segment on a test
vehicle, the results of that test segment, unless subsequently
invalidated by the Administrator, shall comprise the official data for
that test segment for the vehicle at the prescribed test point and the
manufacturer's original test data for that test segment for that
prescribed test point shall not be used in determining compliance with
emission standards.
(i) If the Administrator or the manufacturer conducts more than one
passing, valid, confirmatory test, the results from the first passing,
valid confirmatory test shall be considered official and used in
determining compliance with emission standards.
(ii) Official test results for fuel economy purposes are determined
in accordance with the provisions of 40 CFR 600.008-01.
(iii) The Administrator may stop a test after any evaporative test
segment and use as official data any valid results obtained up to that
point in the test, as described in subpart B of this part.
(2) Whenever the Administrator or the manufacturer does not conduct
a confirmatory test on a test vehicle at a test point, the
manufacturer's original test data will be accepted as the official data
for that point.
(i) If the Administrator makes a determination based on testing
under paragraph (a) of this section (or other appropriate correlation
test data), that there is a lack of correlation between the
manufacturer's test equipment or procedures and the test equipment or
procedures used by the Administrator, no manufacturer's test data will
be accepted for purposes of certification until the reasons for the
lack of correlation are determined and the validity of the data is
established by the manufacturer.
(ii) If the Administrator has reasonable basis to believe that any
test data submitted by the manufacturer is not accurate or has been
obtained in violation of any provisions of this subpart, the
Administrator may refuse to accept that data as the official data
pending retesting or submission of further information.
(iii) If the manufacturer conducts more than one test on an
emission data vehicle in the same configuration (excluding confirmatory
tests run under paragraph (b) of this section), the data from the last
test in that series of tests on that vehicle, will constitute the
official data.
(d) Upon request of the manufacturer, the Administrator may issue a
conditional certificate of conformity for a test group which has not
completed the Administrator testing required under paragraph (b) of
this section. Such a certificate will be issued based upon the
condition that the confirmatory testing be completed in an expedited
manner and that the results of the testing be in compliance with all
standards and procedures.
(1) If, based on this testing or any other information, the
Administrator later determines that the vehicles included in this test
group do not meet the applicable standards, the Administrator will
notify the manufacturer that the certificate is suspended. The
certificate may be suspended in whole or in part as determined by the
Administrator. Upon such a notification, the manufacturer must
immediately cease the introduction of the affected vehicles into
commerce. The manufacturer may request a hearing to appeal the
Administrators decision using the provisions of Sec. 86.1853-01.
(2) Production of vehicles by a manufacturer under the terms of
this paragraph (d) will be deemed to be a consent to recall all
vehicles in the test group which the Administrator determines do not
meet applicable standards, and to cause such nonconformity to be
remedied at no expense to the owner.
Sec. 86.1836-01 Manufacturer-supplied production vehicles for testing.
Any manufacturer obtaining certification under this subpart shall
supply to the Administrator, upon request, a reasonable number of
production vehicles selected by the Administrator which are
representative of the engines, emission control
[[Page 23959]]
systems, fuel systems, and transmission offered and typical of
production models available for sale under the certificate. These
vehicles shall be supplied for testing at such time and place and for
such reasonable periods as the Administrator may require.
Sec. 86.1837-01 Rounding of emission measurements.
Unless otherwise specified, the results of all emission tests shall
be rounded to the number of places to the right of the decimal point
indicated by expressing the applicable emission standard of this
subpart to one additional significant figure, in accordance with the
Rounding-Off Method specified in ASTM E29-93a, Standard Practice for
Using Significant Digits in Test Data to Determine Conformance with
Specifications (incorporated by reference; see Sec. 86.1).
Sec. 86.1838-01 Small volume manufacturer certification procedures.
(a) The small-volume manufacturers certification procedures
described in paragraphs (b) and (c) of this section are optional.
Small-volume manufacturers may use these optional procedures to
demonstrate compliance with the general standards and specific emission
requirements contained in this subpart.
(b) Eligibility requirements. (1) Small volume manufacturers. (i)
The optional small-volume manufacturers certification procedures apply
to light-duty vehicles and light-duty trucks, produced by manufacturers
with U.S. sales, including all vehicles and engines imported under the
provisions of 40 CFR 85.1505 and 85.1509 (for the model year in which
certification is sought) of fewer than 15,000 units (light-duty
vehicles, light-duty trucks, heavy-duty vehicles and heavy-duty engines
combined).
(ii) If the aggregated U.S. sales of the manufacturer, as
determined in paragraph (b)(3) of this section are fewer than 15,000
units, the manufacturer (or each manufacturer in the case of
manufacturers in an aggregated relationship) may certify under the
provisions of paragraph (c) of this section.
(2) Small Volume Test Groups. (i) If the aggregated U.S. sales of
the manufacturer, as determined in paragraph (b)(3) of this section are
equal to or greater than 15,000 units, then the manufacturer (or each
manufacturer in the case of manufacturers in an aggregated
relationship) will be allowed to certify a number of units under the
small volume test group certification procedures in accordance with the
criteria identified in paragraphs (b)(2)(ii) through (iv) of this
section.
(ii) If there are no additional manufacturers in an aggregated
relationship meeting the provisions of paragraph (b)(3) of this
section, then the manufacturer may certify whole test groups whose
total aggregated sales (including heavy-duty engines) are less than
15,000 units using the small volume provisions of paragraph (c) of this
section.
(iii) If there is an aggregated relationship with another
manufacturer which satisfies the provisions of paragraph (b)(3) of this
section, then the following provisions shall apply:
(A) If none of the manufacturers own 50 percent or more of another
manufacturer in the aggregated relationship, then each manufacturer may
certify whole test groups whose total aggregated sales (including
heavy-duty engines) are less than 15,000 units using the small volume
provisions of paragraph (c) of this section.
(B) If any of the manufacturers own 50 percent or more of another
manufacturer in the aggregated relationship, then the limit of 14,999
units must be shared among the manufacturers in such a relationship. In
total for all the manufacturers involved in such a relationship,
aggregated sales (including heavy-duty engines) of up to 14,999 units
may be certified using the small volume provisions of paragraph (c) of
this section. Only whole test groups shall be eligible for small volume
status under paragraph (c) of this section.
(iv) In the case of a joint venture arrangement (50/50 ownership)
between two manufacturers, each manufacturer retains its eligibility
for 14,999 units under the small-volume test group certification
procedures, but the joint venture must draw its maximum 14,999 units
from the units allocated to its parent manufacturers. Only whole test
groups shall be eligible for small volume status under paragraph (c) of
this section.
(3) Sales Aggregation for Related Manufacturers. The projected or
actual sales from different firms shall be aggregated in the following
situations:
(i) Vehicles and/or engines produced by two or more firms, one of
which is 10 percent or greater part owned by another;
(ii) Vehicles and/or engines produced by any two or more firms if a
third party has equity ownership of 10 percent or more in each of the
firms;
(iii) Vehicles and/or engines produced by two or more firms having
a common corporate officer(s) who is (are) responsible for the overall
direction of the companies;
(iv) Vehicles and/or engines imported or distributed by all firms
where the vehicles and/or engines are manufactured by the same entity
and the importer or distributor is an authorized agent of the entity.
(c) Small-volume manufacturers and/or small volume test groups
shall demonstrate compliance with the all applicable sections of this
subpart except as provided in paragraphs (c)(1) and (2) of this
section. Small volume manufacturers and/or test groups may optionally
meet the following requirements:
(1) Durability demonstration. Use the provisions of Sec. 86.1826-01
rather than the requirements of Secs. 86.1823-01, 86.1824-01, and/or
86.1825-01.
(2) In-Use Verification testing. See Sec. 86.1845-01 for
applicability of in-use verification testing to small volume
manufacturers and small volume test groups except as noted in this
paragraph (c)(2).
(i) Small volume in-use verification test vehicles may be procured
from customers or may be owned by, or under the control of the
manufacturer, provided that the vehicle has accumulated mileage in
typical operation on public streets and has received typical
maintenance.
(ii) In lieu of procuring small volume in-use verification test
vehicles that have a minimum odometer reading of 50,000 miles, a
manufacturer may demonstrate to the satisfaction of the Agency that,
based on owner survey data, the average mileage accumulated after 4
years for a given test group is less than 50,000 miles. The Agency may
approve a lower minimum odometer reading based on such data.
(iii) The provision of Sec. 86.1845-01(c)(2), which requires one
vehicle of each test group during high mileage in-use verification
testing to have a minimum odometer mileage of 75% of useful life, does
not apply.
(iv) Manufacturers intending to use the provisions of paragraphs
(c)(2)(i) or (ii) of this section shall submit to the Agency, prior to
the certification of the subject vehicles, a plan detailing how these
provisions will be met.
Sec. 86.1839-01 Carryover of certification data.
(a) In lieu of testing an emission-data or durability vehicle
selected under Sec. 86.1822-01, Sec. 86.1828-01, or Sec. 86.1829-01,
and submitting data therefrom, a manufacturer may submit exhaust
emission data, evaporative emission data and/or refueling emission
data, as applicable, on a similar vehicle for which certification has
been obtained or for which all applicable data
[[Page 23960]]
required under Sec. 86.1845-01 has previously been submitted. To be
eligible for this provision, the manufacturer must use good engineering
judgment and meet the following criteria:
(1) In the case of durability data, the manufacturer must determine
that the previously generated durability data represent a worst case or
equivalent rate of deterioration for all applicable emission
constituents compared to the configuration selected for durability
demonstration.
(i) Prior to certification, the Administrator may require the
manufacturer to provide data showing that the distribution of catalyst
temperatures of the selected durability configuration is effectively
equivalent or lower than the distribution of catalyst temperatures of
the vehicle configuration which is the source of the previously
generated data.
(ii) For the 2001, 2002, and 2003 model years only, paragraph
(a)(1) of this section does not apply to the use of exhaust emission
deterioration factors meeting the requirements of Sec. 86.1823-
01(c)(2).
(2) In the case of emission data, the manufacturer must determine
that the previously generated emissions data represent a worst case or
equivalent level of emissions for all applicable emission constituents
compared to the configuration selected for emission compliance
demonstration.
(b) In lieu of using newly aged hardware on an EDV as allowed under
the provisions of Sec. 86.1823-01(a)(3)(ii), a manufacturer may use
similar hardware aged for an EDV previously submitted, provided that
the manufacturer determines that the previously aged hardware
represents a worst case or equivalent rate of deterioration for all
applicable emission constituents for durability demonstration.
Sec. 86.1840-01 Special test procedures.
(a) The Administrator may, on the basis of written application by a
manufacturer, prescribe test procedures, other than those set forth in
this part, for any light-duty vehicle or light-duty truck which the
Administrator determines is not susceptible to satisfactory testing by
the procedures set forth in this part.
(b) If the manufacturer does not submit a written application for
use of special test procedures but the Administrator determines that a
light-duty vehicle or light-duty truck is not susceptible to
satisfactory testing by the procedures set forth in this part, the
Administrator shall notify the manufacturer in writing and set forth
the reasons for such rejection in accordance with the provisions of
Sec. 86.1848(a)(2).
Sec. 86.1841-01 Compliance with emission standards for the purpose of
certification.
(a) Certification levels of a test vehicle will be calculated for
each emission constituent applicable to the test group for both full
and intermediate useful life as appropriate.
(1) If the durability demonstration procedure approved by the
Administrator under the provisions of Secs. 86.1823-01, 86.1824-01, or
86.1825-01 requires a DF to be calculated, the DF shall be applied to
the official test results determined in Sec. 86.1835-01(c) for each
regulated emission constituent and for full and intermediate useful
life, as appropriate, using the following procedures:
(i) For additive DF's, the DF will be added to the emission result.
The sum will be rounded to the same level of precision as the standard
for the constituent at full and/or intermediate useful life, as
appropriate. This rounded sum is the certification level for that
emission constituent and for that useful life mileage.
(ii) For multiplicative DFs, the DF will be multiplied by the
emission result for each regulated constituent. The product will be
rounded to the same level of precision as the standard for the
constituent at full and intermediate useful life, as appropriate. This
rounded product is the certification level for that emission
constituent and for that useful life mileage.
(iii) For the SFTP composite standard of (NMHC+NOX), the
measured results of NMHC and NOX must each be adjusted by
their corresponding deterioration factors before the composite
(NMHC+NOX) certification level is calculated.
(2) If the durability demonstration procedure approved by the
Administrator under the provisions of Sec. 86.1823-01, Sec. 86.1824-01,
or Sec. 86.1825-01, as applicable, requires testing of the EDV with
aged emission components, the official results of that testing
determined under the provisions of Sec. 86.1835-01(c) shall be rounded
to the same level of precision as the standard for each regulated
constituent at full and intermediate useful life, as appropriate. This
rounded emission value is the certification level for that emission
constituent at that useful life mileage.
(3) If the durability demonstration procedure approved by the
Administrator under the provisions of Sec. 86.1823-01 requires neither
a DF calculation nor EDV testing with aged hardware, the certification
levels shall be calculated in accordance with the provisions approved
under Sec. 86.1823-01(a)(3).
(4) The rounding required in paragraph (a) of this section shall be
conducted in accordance with the provisions of Sec. 86.1837-01.
(b) To be considered in compliance with the standards for the
purposes of certification, the certification levels for the test
vehicle calculated in paragraph (a) of this section shall be less than
or equal to the standards for all emission constituents to which the
test group is subject, at both full and intermediate useful life as
appropriate for that test group.
(c) Every test vehicle of a test group must comply with all
applicable exhaust emission standards before that test group may be
certified.
(d) Every test vehicle of an evaporative/refueling family must
comply with all applicable evaporative and/or refueling emission
standards before that family may be certified.
Sec. 86.1842-01 Addition of a vehicle after certification; and changes
to a vehicle covered by certification.
(a) Addition of a car line after certification. (1) If a
manufacturer proposes to add to its product line a new car line of the
same test group as vehicles previously certified but which was not
described in the application for certification when the test vehicle(s)
representing other vehicles of that combination was certified, it shall
notify the Administrator. This notification shall include a full
description of the vehicle to be added.
(2) The manufacturer shall perform such tests on the test
vehicle(s) representing the vehicle to be added which would have been
required if the vehicle had been included in the original application
for certification.
(3) If, after a review of the test reports and data submitted by
the manufacturer, and data derived from any testing conducted under
Sec. 86.1835-01, the Administrator determines that the test vehicle(s)
or test engine(s) meets all applicable standards, the appropriate
certificate will be amended accordingly. If the Administrator
determines that the test vehicle(s) does not meet applicable standards,
she/he will proceed under Sec. 86.1850-01.
(b) Changes to the configuration of vehicles covered by a
Certificate of Conformity. (1) A manufacturer will notify the
Administrator concurrently with (or in advance of) any change or
addition in production vehicles which
[[Page 23961]]
creates a new vehicle configuration within the car lines covered in a
certified test group, giving a full description of the change. Such a
change is referred to as a running change. Upon notification, the
manufacturer may begin production of the running change if the
manufacturer determines that following the change all affected vehicles
will still meet the applicable emission standards.
(i) Such notification shall include a full description of the
addition or change and any supporting documentation the manufacturer
may desire to include to support the manufacturer's determination in
accordance with Sec. 86.1844-01.
(ii) The manufacturer's determination that the addition or change
does not cause noncompliance shall be based on an engineering
evaluation of the addition or change and/or testing.
(2) The Administrator may require that additional emission testing
be performed to support the manufacturer's determination submitted in
paragraph (b)(1) of this section. If additional testing is required the
Administrator shall proceed in accordance with paragraph (a)(3) of this
section. Additional test data, if requested, must be provided within 30
days of the request or the manufacturer must rescind the addition or
change immediately. The Administrator may grant additional time to
complete testing. If based on this additional testing or any other
information, the Administrator determines that the vehicles affected by
the addition or change do not meet the applicable standards the
Administrator will notify the manufacturer to rescind the addition or
change immediately upon receipt of the notification.
(c) Election to produce vehicles under this section will be deemed
to be a consent to recall all vehicles which the Administrator
determines under paragraph (a) or (b) of this section do not meet
applicable standards, and to cause such nonconformity to be remedied at
no expense to the owner.
Sec. 86.1843-01 General information requirements.
(a) A manufacturer must submit a separate Application for
Certification (Application) for each durability group in a format
approved by the Administrator and in multiple copies as designated by
the Administrator. Any information within the Application which is
unique to a specific test group must be submitted for each test group.
(b) Any manufacturer that fails to comply with any information
requirements of Secs. 86.1843-01 and 86.1844-01 may be subject to the
following provisions:
(1) The Application (Part 1 and Part 2) and any additional
information as designated by the Administrator shall be submitted for
all durability groups prior to certification for subsequent model
years, until otherwise notified by the Administrator. The Application
shall be updated concurrently with every running change.
(2) Provisions of Sec. 86.1850-01 may be imposed.
(3) Civil penalties and remedial action as applicable under the
Clean Air Act may be imposed.
(c) Part 1 of the Application. Part 1, which shall include the
items listed in Sec. 86.1844-01(d), must be submitted to the
Administrator before a certificate of conformity will be issued.
(d) Part 2 of the Application. Part 2, which shall include the
items listed in Sec. 86.1844-01(e), must be submitted to the
Administrator by January 1st of the applicable model year. If a test
group is certified less than 60 days prior to January 1st of the
applicable model year, Part 2 must be submitted to the Administrator
within 90 days of the effective date on the applicable certificate of
conformity.
(e) Running change submissions. Each running change notification,
as required under Sec. 86.1842-01, must include the information listed
in Sec. 86.1844-01(f) and shall be submitted to the Administrator
concurrently with, or in advance of, the implementation of any change
incorporated onto production vehicles.
(f) Updates to the Application for Certification. (1) The
manufacturer must submit an update to the Part 1 Application by January
1st of the applicable model year to incorporate any running changes
and/or corrections which occurred after certification. If a test group
is certified less than 60 days prior to January 1st of the applicable
model year, this update may be submitted to the Administrator within 90
days of the effective date on the applicable certificate of conformity.
(2) The manufacturer must submit a final update to Part 1 and Part
2 of the Application by January 1st of the subsequent model year to
incorporate any applicable running changes or corrections which
occurred between January 1st of the applicable model year and the end
of the model year. A manufacturer may request the Administrator to
grant an extension (of no more than 90 days) for submittal of the final
update. The request must clearly indicate the circumstances
necessitating the extension.
(3) The manufacturer may not use updates to its application to
correct a misbuild situation with respect to vehicles already
introduced into commerce.
(g) Information to be submitted upon request. Upon written request
by the Administrator, a manufacturer shall submit any information as
described in Sec. 86.1844-01 within 15 business days. A manufacturer
may request the Administrator to grant an extension. The request must
clearly indicate the circumstances necessitating the extension.
(h) In-use information requirements. All information requirements
of the in-use verification and confirmatory programs of Secs. 86.1845-
01 and 86.1846-01 must be met by the due dates listed in Sec. 86.1847-
01.
Sec. 86.1844-01 Information requirements: Application for
certification and submittal of information upon request.
(a) All information listed in this section must be submitted to the
Agency according to the requirements specified in Sec. 86.1843-01.
(b) Nothing in this section limits the Administrator's discretion
to require the manufacturer to submit additional records not
specifically required by this section.
(c) Routine emission test records shall be retained by the
manufacturer for a period of one (1) year after issuance of all
certificates of conformity to which they relate. All records, other
than routine emission test records, required to be produced by the
manufacturer under this title shall be made available upon written
request by the Administrator for a period of eight years after issuance
of all certificates of conformity to which they relate.
(d) Part 1 Application. Part 1 must contain the following items:
(1) Correspondence and communication information, such as names,
mailing addresses, phone and fax numbers, and e-mail addresses of all
manufacturer representatives authorized to be in contact with EPA
compliance staff. The address where official documents, such as
certificates of conformity, are to be mailed must be clearly
identified. At least one U.S. contact must be provided.
(2) A description of the durability group in accordance with the
criteria listed in Sec. 86.1820-01, or as otherwise used to group a
product line.
(3) A description of applicable evaporative/refueling families in
accordance with the criteria listed in Sec. 86.1821-01, or as otherwise
used to group a product line.
[[Page 23962]]
(4) A description of the test procedures used to establish
durability and exhaust and evaporative/refueling emission deterioration
factors as required to be determined and supplied in Secs. 86.1823-01,
86.1824-01 and 86.1825-01 when applicable.
(5) A description of each test group in accordance with the
criteria listed in Sec. 86.1827-01 or as otherwise used to group a
product line.
(6) Identification and description of all vehicles for which
testing is required by Secs. 86.1822-01 and 86.1828-01 to obtain a
certificate of conformity.
(7) A comprehensive list of all test results, including official
certification levels, and the applicable intermediate and full useful
life emission standards to which the test group is to be certified as
required in Sec. 86.1829-01.
(8) A statement that all applicable vehicles will conform with the
emission standards for which emission data is not being provided, as
allowed under Sec. 86.1829-01. The statement shall clearly identify the
standards for which emission testing was not completed.
(9) Information which describes each emission control diagnostic
system required by Sec. 86.1806-01 including:
(i) A description of the functional operation characteristics of
the diagnostic system;
(ii) The general method of detecting malfunctions for each
emission-related powertrain component;
(iii) Any deficiencies, including resolution plans and schedules.
(10) A description of all flexible or dedicated alternate fuel
vehicles including, but not limited to, the fuel and/or percentage of
alternate fuel for all such vehicles.
(11) A list of all auxiliary emission control devices (AECD)
installed on any applicable vehicles, including a justification for
each AECD, the parameters they sense and control, a detailed
justification of each AECD which results in a reduction in
effectiveness of the emission control system, and rationale for why the
AECD is not a defeat device as defined under Sec. 86.1809-01.
(12) Identification and description of all vehicles covered by each
certificate of conformity to be produced and sold within the U.S. The
description must be sufficient to identify whether any given in-use
vehicle is, or is not, covered by a given certificate of conformity,
the test group and the evaporative/refueling family to which it belongs
and the standards that are applicable to it, by matching readily
observable vehicle characteristics and information given in the
emission control information label (and other permanently attached
labels) to indicators in the Part 1 Application. In addition, the
description must be sufficient to determine for each vehicle covered by
the certificate, all appropriate test parameters and any special test
procedures necessary to conduct an official certification exhaust or
evaporative emission test as was required by this subpart to
demonstrate compliance with applicable emission standards. The
description shall include, but is not limited to, information such as
model name, vehicle classification (LDV or LDT), sales area, engine
displacement, engine code, transmission type, tire size and parameters
necessary to conduct exhaust emission tests such as equivalent test
weight, curb and gross vehicle weight, test horsepower (with and
without air conditioning adjustment), coast down time, shift schedules,
cooling fan configuration, etc and evaporative tests such as canister
working capacity, canister bed volume and fuel temperature profile. The
Part 1 may include ranges for test parameters in lieu of actual values.
(13) Projected U.S. vehicle sales volumes for each test group and
evaporative/refueling family combination organized in such a way to
determine projected compliance with any applicable implementation
schedules or minimum sales requirements as specified in Sec. 86.1810 or
as otherwise required by this chapter.
(14) A request for a certificate of conformity for each test group
after all required testing has been completed. The request must be
signed by an authorized manufacturer representative and include a
statement that the test group complies with all applicable regulations
contained within this chapter.
(e) Part 2 Application. Part 2 must contain the following items:
(1) A list of part numbers of all emission-related components and
AECDs for each emission control system, including those found on actual
components. The part numbers shall be organized by engine code or other
similar classification scheme.
(2) Basic calibration information, organized by engine code (or
other similar classification scheme), for the major components of the
fuel system, EGR system, ignition system, oxygen sensor(s) and
thermostat. Examples of major components and associated calibration
information include, but are not limited to; fuel pump and fuel pump
flow rate, fuel pressure regulator and regulated fuel pressure, EGR
valve and EGR exhaust gas flow rate at specified vacuum levels, EGR
vacuum regulator and regulated vacuum, EGR orifice and orifice
diameter, basic engine timing, timing RPM, idle rpm, spark plug gap,
oxygen sensor output (mV), and thermostat opening temperature.
(3) Identification and description of all vehicles covered by each
certificate of conformity to be produced and sold within the U.S. The
description must be sufficient to identify whether any given in-use
vehicle is, or is not, covered by a given certificate of conformity,
the test group and the evaporative/refueling family to which it belongs
and the standards that are applicable to it, by matching readily
observable vehicle characteristics and information given in the
emission control information label (and other permanently attached
labels) to indicators in the Part 1 Application. In addition, the
description must be sufficient to determine for each vehicle covered by
the certificate, all appropriate test parameters and any special test
procedures necessary to conduct an official certification exhaust or
evaporative emission test as was required by this subpart to
demonstrate compliance with applicable emission standards. The
description shall include, but is not limited to, information such as
model name, vehicle classification (LDV or LDT), sales area, engine
displacement, engine code, transmission type, tire size and parameters
necessary to conduct exhaust emission tests such as equivalent test
weight, curb and gross vehicle weight, test horsepower (with and
without air conditioning adjustment), coast down time, shift schedules,
cooling fan configuration, etc and evaporative tests such as canister
working capacity, canister bed volume and fuel temperature profile.
Actual values must be provided for all parameters.
(4) Final U.S. vehicle sales volumes for each test group and
evaporative/refueling family combination organized in such a way to
verify compliance with any applicable implementation schedules. Final
sales are not required until the final update to the Part 2 Application
at the end of the model year.
(i) 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.
The petition must establish that production volume is functionally
equivalent to sales volume.
(ii) The U.S. sales volume shall be based on the location of the
point of sale to a dealer, distributor, fleet operator, broker, or any
other entity which comprises the point of first sale.
(5) Copies of all service manuals, service bulletins and
instructions regarding the use, repair, adjustment,
[[Page 23963]]
maintenance, or testing of such vehicles relevant to the control of
crankcase, exhaust or evaporative emissions, as applicable, issued by
the manufacturer (in written or electronic form) for use by other
manufacturers, assembly plants, distributors, dealers, and ultimate
purchasers. These shall be submitted to the Agency when they are made
available to the public and must be updated as appropriate throughout
the useful life of the corresponding vehicles.
(f) Running change submissions. A manufacturer shall submit to the
Administrator a notification of all running changes as required in
accordance with Secs. 86.1842-01 and 86.1843-01 at the time each change
is incorporated into production. Each running change notification shall
include:
(1) A detailed description of the change;
(2) The reason for the change;
(3) The portion of the product line that is affected by the change,
including information sufficient to identify whether any given in-use
vehicle includes the change;
(4) The effect the change will have on emissions;
(5) Any test data that is determined to be necessary to demonstrate
compliance with applicable emission standards; and
(6) A summary report for each test group which provides an overview
of all running changes that have been incorporated since certification.
(g) The manufacturer shall provide the following information, or
other information as deemed necessary by the Administrator, to the
Agency upon written request by the Administrator. This includes any
information, or explanations of such information specified in
paragraphs (d), (e), and (f) of this section.
(1) A detailed description of the basis for all good engineering
judgment decisions that were required to be made by the manufacturer.
These include, but are not limited to, placement of vehicles into
durability and test groups, the appropriateness of a durability process
for future model years, worst-case vehicle selections for durability
and emission data purposes, and carry-over or carry-across of emission
test data.
(2) The basis used for all compliance statements submitted under
this section. Each statement must be supported by the manufacturer
using good engineering judgment and should include any emission test
data, development test data, or other supporting information deemed
necessary. This includes information necessary to demonstrate
compliance with any emission standards for which a compliance statement
was submitted in lieu of actual emission test data as allowed under
Sec. 86.1810.
(3) Detailed technical descriptions of emission-related components
and AECDs, including schematic diagrams and hose and wire routings
which describe the fundamental operating characteristics of each
emission control system.
(4) Detailed calibration specifications for all emission-related
components and AECDs.
(5) Any information necessary to demonstrate that no defeat devices
are present on any vehicles covered by a certificate including, but not
limited to, a description of the technology employed to control CO
emissions at intermediate temperatures.
(6) The following information describing any adjustable parameters:
(i) A list of those parameters which are physically capable of
being adjusted (including those adjustable parameters for which access
is difficult) and that, if adjusted to settings other than the
manufacturer's recommended setting, may affect emissions;
(ii) A specification of the manufacturer's intended physically
adjustable range of each such parameter, and the production tolerances
of the limits or stops used to establish the physically adjustable
range;
(iii) A description of the limits or stops used to establish the
manufacturer's intended physically adjustable range of each adjustable
parameter, or any other means used to inhibit adjustment;
(iv) The nominal or recommended setting, and the associated
production tolerances, for each such parameter;
(v) The specifications used during all emission testing required by
this subpart.
(7) A history of each motor vehicle used for certification testing,
including a general description of the buildup of the vehicle and
engine. Each history shall begin when any of the selection or buildup
activities occur and should include details of the use of the vehicle
for development testing. Each history must include a description of the
origin and selection process for fuel system components, fuel injection
components and emission control system components and specify the steps
taken to assure that the certification vehicle will be representative
of production vehicles.
(8) A record of all emission tests performed on all durability and
emission data vehicles required to be tested by this subpart including
test results, the date and purpose of each test, and the number of
miles accumulated on the vehicle.
(9) A record and description of any significant events (including
extraordinary events such as vehicle accidents or dynamometer runaway)
affecting any certification test vehicle, including all maintenance,
servicing or tests performed to diagnose engine or emission control
system performance. The date and time of each event and an explanation
must be included.
(10) For vehicles with non-integrated refueling emission control
systems, a description of the drivedown used to purge the refueling
canister and a description of the procedures used to determine the
number of equivalent UDDS cycles required to purge the refueling
canisters, as determined from the fuel economy on the UDDS applicable
to the test vehicle of that evaporative/refueling family and emission
control system combination required to use a volume of fuel equal to
85% of fuel tank volume and from subpart B of this part.
(11) A description of all procedures, including any special
procedures, used to comply with applicable test requirements of this
subpart. Any special procedures used to establish durability data or
emission deterioration factors required to be determined under
Secs. 86.1823-01, 86.1824-01 and 86.1825-01 and to conduct emission
tests required to be performed on applicable emission data vehicles
under Sec. 86.1829-01 according to test procedures contained within
this Title must also be included.
(12) A description of any unique procedures required to perform
evaporative/refueling emission tests for all vehicles in each
evaporative/refueling family and a description of the method used to
develop those unique procedures, including canister working capacity,
canister bed volume and fuel temperature profile for the running loss
test.
(13) A description of the method to be used to decode vehicle
identification numbers.
(h) In-use information requirements. Manufacturers must submit the
information required in Sec. 86.1847-01.
Sec. 86.1845-01 Manufacturer in-use verification testing requirements.
(a) General requirements. A manufacturer of light-duty vehicles and
light-duty trucks shall test, or cause to have tested a specified
number of light-duty vehicles and light-duty trucks. Such testing shall
be conducted in accordance with the provisions of this section. For
purposes of this section, the
[[Page 23964]]
term vehicle shall include light-duty vehicles and light-duty trucks.
(b) Low mileage testing. [Reserved].
(c) High-mileage testing. (1) Test Groups. Testing must be
conducted for each test group.
(2) Vehicle mileage: All test vehicles must have a minimum odometer
mileage of 50,000 miles. At least one vehicle of each test group must
have a minimum odometer mileage of 75% of useful life. See
Sec. 86.1838-01(c)(2) for small volume manufacturer mileage
requirements.
(3) Number of test vehicles. For each test group, the minimum
number of vehicles that must be tested is specified in Table S01-06 and
Table S01-07 of this paragraph (c)(3). After testing the minimum number
of vehicles of a specific test group as specified in Table S01-06 and
Table S01-07 of this paragraph (c)(3), a manufacturer may test
additional vehicles upon request and approval by the Agency prior to
the initiation of the additional testing. Any additional testing must
be completed within the testing completion requirements shown in
Sec. 86.1845-01(c)(4). The request and Agency approval (if any) shall
apply to test groups on a case by case basis and apply only to testing
under this paragraph. In addition to the testing specified in Table
S01-06 and Table S02-07 of this paragraph (c)(3), a manufacturer shall
test one vehicle from each evaporative/refueling family for
evaporative/refueling emissions. If a manufacturer believes it is
unable to procure the test vehicles necessary to test the required
number of vehicles in a test group as specified in Table S01-06 or
Table S01-07 of this paragraph (c)(3), the manufacturer may request,
subject to Administrator approval, a decreased sample size for that
test group. The request shall include a description of the methods the
manufacturer has used to procure the required number of vehicles. The
approval of any such request, and the substitution of an alternative
sample size requirement for the test group, will be based on a review
of the procurement efforts made by the manufacturer to determine if all
reasonable steps have been taken to procure the required test group
size. Tables S01-06 and S01-07 follow:
Table S01-06.--Small Volume Manufacturers
----------------------------------------------------------------------------------------------------------------
49 and 50 State total sales \1\ 1-5000 5001-14,999
----------------------------------------------------------------------------------------------------------------
High Mileage............................................. Voluntary............................ 2
----------------------------------------------------------------------------------------------------------------
\1\ Manufacturer's total annual sales.
Table S01-07.--Large Volume Manufacturers
----------------------------------------------------------------------------------------------------------------
49 and 50 State annual sales \1\ 1-5000 \2\ 5001-14,999 1-50,000 50,001-250,000 >250,000
--------------------------------------------------------------\2\-----------\3\---------------------------------
High Mileage..................... Voluntary.......... 2 4 5 6
----------------------------------------------------------------------------------------------------------------
\1\ Sales by test group.
\2\ Total annual production of groups eligible for testing under small volume sampling plan is capped at a
maximum of 14,999 vehicle 49 or 50 state annual sales, or a maximum of 4,500 vehicle California only sales per
model year, per large volume manufacturer.
\3\ Sampling plan applies to all of a manufacturer's remaining groups in this sales volume category when the
maximum annual cap on total sales of small groups eligible for the small volume sampling plan is exceeded.
(4) Initiation and completion of testing. Testing of a test group
(or evaporative refueling family) must commence within 4 years of the
end of production of the test group (or evaporative/refueling family)
and be completed within 5 years of the end of production of the test
group (or evaporative/refueling family).
(5) Emission testing. (i) Each test vehicle shall be tested in
accordance with the Federal Test Procedure and the US06 portion of the
Supplemental Federal Test Procedure as described in subpart B of this
part, when such test vehicle is tested for compliance with applicable
exhaust emission standards under this subpart. The US06 portion of the
SFTP is not required to be performed on vehicles certified in
accordance with the National LEV provisions of subpart R of this part.
One test vehicle from each test group shall receive a Federal Test
Procedure at high altitude. The test vehicle tested at high altitude is
not required to be one of the same test vehicles tested at low
altitude. The test vehicle tested at high altitude is counted when
determining the compliance with the requirements shown in Table S01-06
and Table S01-07 in paragraph (c)(3) of this section or the expanded
sample size as provided for in this paragraph (c).
(ii) One test vehicle of each evaporative/refueling family shall be
tested in accordance with the evaporative emission and refueling
emission test procedures described in subpart B of this part, when such
test vehicle is tested for compliance with applicable evaporative
emission and refueling emission standards under this subpart. The test
vehicles tested to fulfill the evaporative/refueling testing
requirement of this paragraph (c)(5)(ii) will be counted when
determining compliance with the minimum number of vehicles as specified
in Table S01-06 and Table S01-07 in paragraph (c)(3) of this section
for testing under paragraph (b)(5)(i) of this section only if the
vehicle is also tested for exhaust emissions under the requirements of
paragraph (b)(5)(i) of this section.
(6) Each test vehicle not rejected based on the criteria specified
in Appendix II to this Subpart shall be tested in as-received
condition.
(7) A manufacturer may conduct subsequent diagnostic maintenance
and/or testing on any vehicle. Any such maintenance and/or testing
shall be reported to the Agency as specified in Sec. 86.1847-01.
(d) Test vehicle procurement. (1) Vehicles tested under this
section shall be procured pursuant to the provisions of this paragraph
(d). Vehicles shall be procured from the group of persons who own or
lease vehicles registered in the procurement area.
(2) Vehicles shall be procured from persons which own or lease the
vehicle, excluding commercial owners/lessees which are owned or
controlled by the vehicle manufacturer, using the procedures described
in Appendix I to this subpart. See Sec. 86.1838(c)(2)(i) for small
volume manufacturer requirements.
(3) Geographical limitations. (i) Test groups certified to 50-state
standards: For low altitude testing no more than fifty percent of the
test vehicles may be procured from California. The test
[[Page 23965]]
vehicles procured from the 49 state area must be procured from a
location with a heating degree day 30 year annual average equal to or
greater than 4000.
(ii) Test groups certified to 49 state standards: The test vehicles
procured from the 49 state area must be procured from a location with a
heating degree day 30 year annual average equal to or greater than
4000.
(iii) Vehicles procured for high altitude testing may be procured
from any area located above 4000 feet.
(4) Vehicles may be rejected for procurement or testing under this
section if they meet one or more of the rejection criteria in Appendix
II of this subpart. Vehicles may also be rejected after testing under
this section if they meet one or more of the rejection criteria in
Appendix II of this subpart. Any vehicle rejected after testing must be
replaced in order that the number of test vehicles in the sample comply
with the sample size requirements of this section. Any post-test
vehicle rejection and replacement procurement and testing must take
place within the testing completion requirements of this section.
(e) Testing facilities, procedures, quality assurance and quality
control. (1) Lab equipment and procedural requirements. The
manufacturer shall utilize a test laboratory that is in accordance with
the equipment and procedural requirements of subpart B to conduct the
testing required by this section.
(2) The manufacturer shall notify the Agency of the name and
location of the testing laboratory(s) to be used to conduct testing of
vehicles of each model year conducted pursuant to this section. Such
notification shall occur at least thirty working days prior to the
initiation of testing of the vehicles of that model year.
(3) Correlation. The manufacturer shall document correlation
traceable to the Environmental Protection Agency's National Vehicle and
Fuel Emission Laboratory for its test laboratory utilized to conduct
the testing required by this section.
Sec. 86.1845-04 Manufacturer in-use verification testing requirements.
(a) General requirements. A manufacturer of light-duty vehicles and
light-duty trucks shall test, or cause to have tested a specified
number of light-duty vehicles and light-duty trucks. Such testing shall
be conducted in accordance with the provisions of this section. For
purposes of this section, the term vehicle shall include light-duty
vehicles and light-duty trucks.
(b) Low-mileage testing. (1) Test Groups. Testing must be conducted
for each test group.
(2) Vehicle mileage. All test vehicles must have a minimum odometer
mileage of 10,000 miles.
(3) Number of test vehicles. For each test group, the minimum
number of vehicles that must be tested is specified in Table S04-06 and
Table S04-07 of this paragraph (b)(3). After testing the minimum number
of vehicles of a specific test group as specified in Table S04-06 or
S04-07 of this paragraph (b)(3), a manufacturer may test additional
vehicles upon request and approval by the Agency prior to the
initiation of the additional testing. Any additional testing must be
completed within the testing completion requirements shown in
Sec. 86.1845-04(b)(4). The request and Agency approval (if any) shall
apply to test groups on a case by case basis and apply only to testing
under this paragraph. Separate approval will be required to test
additional vehicles under paragraph (c) of this section. In addition to
the testing specified in Table S04-06 and Table S04-07 of this
paragraph (b)(3), a manufacturer shall test one vehicle from each
evaporative/refueling family for evaporative/refueling emissions. If a
manufacturer believes it is unable to procure the test vehicles
necessary to test the required number of vehicles in a test group, the
manufacturer may request, subject to Administrator approval, a
decreased sample size for that test group. The request shall include a
description of the methods the manufacturer has used to procure the
required number of vehicles. The approval of any such request, and the
substitution of an alternative sample size requirement for the test
group, will be based on a review of the procurement efforts made by the
manufacturer to determine if all reasonable steps have been taken to
procure the required test group size. Tables S04-06 and S04-07 follow:
Table S04-06.--Small Volume Manufacturers
----------------------------------------------------------------------------------------------------------------
49 and 50 State total sales \1\ 1-5000 5001-14,999
----------------------------------------------------------------------------------------------------------------
Low Mileage.............................................. Voluntary............................ 0
High Mileage............................................. Voluntary............................ 2
----------------------------------------------------------------------------------------------------------------
\1\ Manufacturer's total annual sales.
Table S04-07.--Large Volume Manufacturers
----------------------------------------------------------------------------------------------------------------
49 and 50 State annual sales \1\ 1-5000 \2\ 5001-14,999 1-50,000 50,001-250,000 >250,000
--------------------------------------------------------------\2\-----------\3\---------------------------------
Low Mileage...................... Voluntary.......... 0 2 3 4
High Mileage..................... Voluntary.......... 2 4 5 6
----------------------------------------------------------------------------------------------------------------
\1\ Sales by test group.
\2\ Total annual production of groups eligible for testing under small volume sampling plan is capped at a
maximum of 14,999 vehicle 49 or 50 state annual sales, or a maximum of 4,500 vehicle California only sales per
model year, per large volume manufacturer.
\3\ Sampling plan applies to all of a manufacturer's remaining groups in this sales volume category when the
maximum annual cap on total sales of small groups eligible for the small volume sampling plan is exceeded.
(4) Completion of testing. Testing of the vehicles in a test group
and evaporative/refueling family must be completed within one year of
the end of production of that test group (or evaporative/refueling
family) for that model year.
(5) Emission testing. (i) Each test vehicle of a test group shall
be tested in accordance with the Federal Test Procedure and the US06
portion of the Supplemental Federal Test Procedure as described in
subpart B of this part, when such test vehicle is tested for compliance
with applicable exhaust emission standards under this subpart.
[[Page 23966]]
(ii) One test vehicle of each evaporative/refueling family shall be
tested in accordance with the evaporative emission and refueling
emission test procedures described in subpart B of this part, when such
test vehicle is tested for compliance with applicable evaporative
emission and refueling emission standards under this subpart. The test
vehicles tested to fulfill the evaporative/refueling testing
requirement of this paragraph (b)(5)(ii) will be counted when
determining compliance with the minimum number of vehicles as specified
in Table S04-06 and Table S04-07 in paragraph (b)(3) of this section
for testing under paragraph (b)(5)(i) of this section only if the
vehicle is also tested for exhaust emissions under the requirements of
paragraph (b)(5)(i) of this section.
(6) Each test vehicle not rejected based on the criteria specified
in Appendix II to this Subpart shall be tested in as-received
condition.
(7) A manufacturer may conduct subsequent diagnostic maintenance
and/or testing of any vehicle. Any such maintenance and/or testing
shall be reported to the Agency as specified in Sec. 86.1847-01.
(c) High-mileage testing. (1) Test Groups. Testing must be
conducted for each test group.
(2) Vehicle mileage: All test vehicles must have a minimum odometer
mileage of 50,000 miles. At least one vehicle of each test group must
have a minimum odometer mileage of 75% of useful life. See
Sec. 86.1838-01(c)(2) for small volume manufacturer mileage
requirements.
(3) Number of test vehicles. For each test group, the minimum
number of vehicles that must be tested is specified in Table S04-06 and
Table S04-07 in paragraph (b)(3) of this section. After testing the
minimum number of vehicles of a specific test group as specified in
Table S04-06 and Table S04-07 in paragraph (b)(3) of this section, a
manufacturer may test additional vehicles upon request and approval by
the Agency prior to the initiation of the additional testing. Any
additional testing must be completed within the testing completion
requirements shown in Sec. 86.1845-04(c)(4). The request and Agency
approval (if any) shall apply to test groups on a case by case basis
and apply only to testing under this paragraph (c). In addition to the
testing specified in Table S04-06 and Table S04-07 in paragraph (b)(3)
of this section, a manufacturer shall test one vehicle from each
evaporative/refueling family for evaporative/refueling emissions. If a
manufacturer believes it is unable to procure the test vehicles
necessary to test the required number of vehicles in a test group as
specified in Table S04-06 or Table S04-07 in paragraph (b)(3) of this
section, the manufacturer may request, subject to Administrator
approval, a decreased sample size for that test group. The request
shall include a description of the methods the manufacturer has used to
procure the required number of vehicles. The approval of any such
request, and the substitution of an alternative sample size requirement
for the test group, will be based on a review of the procurement
efforts made by the manufacturer to determine if all reasonable steps
have been taken to procure the required test group size.
(4) Initiation and completion of testing. Testing of a test group
(or evaporative refueling family) must commence within 4 years of the
end of production of the test group (or evaporative/refueling family)
and be completed within 5 years of the end of production of the test
group (or evaporative/refueling family).
(5) Emission testing. (i) Each test vehicle shall be tested in
accordance with the Federal Test Procedure and the US06 portion of the
Supplemental Federal Test Procedure as described in subpart B of this
part, when such test vehicle is tested for compliance with applicable
exhaust emission standards under this subpart. The US06 portion of the
SFTP is not required to be performed on vehicles certified in
accordance with the National LEV provisions of subpart R of this part.
One test vehicle from each test group shall receive a Federal Test
Procedure at high altitude. The test vehicle tested at high altitude is
not required to be one of the same test vehicles tested at low
altitude. The test vehicle tested at high altitude is counted when
determining the compliance with the requirements shown in Table S04-06
and Table S04-07 in paragraph (b)(3) of this section or the expanded
sample size as provided for in this paragraph (c).
(ii) One test vehicle of each evaporative/refueling family shall be
tested in accordance with the evaporative emission and refueling
emission test procedures described in subpart B of this part, when such
test vehicle is tested for compliance with applicable evaporative
emission and refueling emission standards under this subpart. The test
vehicles tested to fulfill the evaporative/refueling testing
requirement of this paragraph (b)(5)(ii) will be counted when
determining compliance with the minimum number of vehicles as specified
in Table S04-06 and table S04-07 in paragraph (b)(3) of this section
for testing under paragraph (b)(5)(i) of this section only if the
vehicle is also tested for exhaust emissions under the requirements of
paragraph (b)(5)(i) of this section.
(6) Each test vehicle not rejected based on the criteria specified
in Appendix II to this subpart shall be tested in as-received
condition.
(7) A manufacturer may conduct subsequent diagnostic maintenance
and/or testing on any vehicle. Any such maintenance and/or testing
shall be reported to the Agency as specified in Sec. 86.1847-01.
(d) Test vehicle procurement.
(1) Vehicles tested under this section shall be procured pursuant
to the provisions of this paragraph (d). Vehicles shall be procured
from the group of persons who own or lease vehicles registered in the
procurement area.
(2) Vehicles shall be procured from persons which own or lease the
vehicle, excluding commercial owners/lessees which are owned or
controlled by the vehicle manufacturer, using the procedures described
in Appendix I to this subpart. See Sec. 86.1838(c)(2)(i) for small
volume manufacturer requirements.
(3) Geographical limitations. (i) Test groups certified to 50-state
standards: For low altitude testing no more than fifty percent of the
test vehicles may be procured from California. The test vehicles
procured from the 49 state area must be procured from a location with a
heating degree day 30 year annual average equal to or greater than
4000.
(ii) Test groups certified to 49 state standards: The test vehicles
procured from the 49 state area must be procured from a location with a
heating degree day 30 year annual average equal to or greater than
4000.
(iii) Vehicles procured for high altitude testing may be procured
from any area located above 4000 feet.
(4) Vehicles may be rejected for procurement or testing under this
section if they meet one or more of the rejection criteria in Appendix
II to this subpart. Vehicles may also be rejected after testing under
this section if they meet one or more of the rejection criteria in
Appendix II to this subpart. Any vehicle rejected after testing must be
replaced in order that the number of test vehicles in the sample comply
with the sample size requirements of this section. Any post-test
vehicle rejection and replacement procurement and testing must take
place within the testing completion requirements of this section.
(e) Testing facilities, procedures, quality assurance and quality
control. (1) Lab equipment and procedural
[[Page 23967]]
requirements. The manufacturer shall utilize a test laboratory that is
in accordance with the equipment and procedural requirements of subpart
B of this part to conduct the testing required by this section.
(2) The manufacturer shall notify the Agency of the name and
location of the testing laboratory(s) to be used to conduct testing of
vehicles of each model year conducted pursuant to this section. Such
notification shall occur at least thirty working days prior to the
initiation of testing of the vehicles of that model year.
(3) Correlation. The manufacturer shall document correlation
traceable to the Environmental Protection Agency's National Vehicle and
Fuel Emission Laboratory for its test laboratory utilized to conduct
the testing required by this section.
Sec. 86.1846-01 Manufacturer in-use confirmatory testing requirements.
(a) General requirements. A manufacturer of light-duty vehicles
and/or light-duty trucks shall test, or cause testing to be conducted,
under this section when the emission levels shown by a test group
sample from testing under Sec. 86.1845-01 exceeds the criteria
specified in paragraph (b) of this section. The testing required under
this section applies separately to each test group and at each test
point (low and high mileage) that meets the specified criteria. The
testing requirements apply separately for each model year, starting
with model year 2001.
(b) Criteria for additional testing. A manufacturer shall test a
test group or a subset of a test group as described in paragraph (j) of
this section when the results from testing conducted under
Sec. 86.1845-01 show mean emissions for that test group of any
pollutant(s) to be equal to or greater than 1.30 times the applicable
in-use standard and a failure rate, among the test group vehicles, for
the corresponding pollutant(s) of fifty percent or greater.
(1) This requirement does not apply to Supplemental FTP testing
conducted under Sec. 86.1845(b)(5)(i) or evaporative/refueling testing
conducted under Sec. 86.1845-01. Testing conducted at high altitude
under the requirements of Sec. 86.1845-01 will be included in
determining if a test group meets the criteria triggering testing
required under this section.
(2) The vehicle tested under the requirements of Sec. 86.1845-
01(c)(2)(i) with a minimum odometer miles of 75% of useful life will
not be included in determining if a test group meets the triggering
criteria.
(3) The SFTP composite emission levels shall include the IUVP FTP
emissions, the IUVP US06 emissions, and the values from the SC03 Air
Conditioning EDV certification test (without DFs applied). The
calculations shall be made using the equations prescribed in
Sec. 86.164-01. If more than one set of certification SC03 data exists
(due to running change testing or other reasons), the manufacturer
shall choose the SC03 result to use in the calculation from among those
data sets using good engineering judgment.
(c) Vehicles tested under the provisions of this section must be
within the useful life specified for the emission standards which were
exceeded in the testing under Sec. 86.1845-01. Testing should be within
the useful life specified, subject to sections 207(c)(5) and (c)(6) of
the Clean Air Act where applicable.
(d) Number of test vehicles. A manufacturer must test a minimum of
ten vehicles of the test group or Agency-designated subset. A
manufacturer may, at the manufacturer's discretion, test more than ten
vehicles under this paragraph for a specific test group or Agency-
designated subset. If a manufacturer chooses to test more than the
required ten vehicles, all testing must be completed within the time
designated in the testing completion requirements of Sec. 86.1846-
01(g). Any vehicles which are eliminated from the sample either prior
to or subsequent to testing, or any vehicles for which test results are
determined to be void, must be replaced in order that the final sample
of vehicles for which test results acceptable to the Agency are
available equals a minimum of ten vehicles. A manufacturer may cease
testing with a sample of five vehicles if the results of the first five
vehicles tested show mean emissions for each pollutant to be less than
75.0 percent of the applicable standard, with no vehicles exceeding the
applicable standard for any pollutant.
(e) Emission testing. Each test vehicle of a test group or Agency-
designated subset shall be tested in accordance with the Federal Test
Procedure and/or the Supplemental Federal Test Procedure (whichever of
these tests performed under Sec. 86.1845-01 produces emission levels
requiring testing under this section) as described in subpart B of this
part, when such test vehicle is tested for compliance with applicable
exhaust emission standards under this subpart.
(f) Geographical limitations. (1) Test groups or Agency-designated
subsets certified to 50-state standards: For low altitude testing no
more than 50 percent of the test vehicles may be procured from
California. The test vehicles procured from the 49 state area must be
procured from a location with a heating degree day 30 year annual
average equal to or greater than 4000.
(2) Test groups or Agency-designated subsets certified to 49 state
standards: For low-altitude testing all vehicles shall be procured from
a location with a heating degree day 30 year annual average equal to or
greater than 4000.
(3) Vehicles procured for high altitude testing may be procured
from any area provided that the vehicle's primary area of operation was
above 4000 feet.
(g) Testing required under this section must commence within three
months of completion of the testing under Sec. 86.1845-01 which
triggered the confirmatory testing and must be completed within seven
months of the completion of the testing which triggered the
confirmatory testing. Any industry review of the results obtained under
Sec. 86.1845-01 and any additional vehicle procurement and/or testing
which takes place under the provisions of Sec. 86.1845-01 which the
industry believes may affect the triggering of required confirmatory
testing must take place within the three month period. The data and the
manufacturers reasoning for reconsideration of the data must be
provided to the Agency within the three month period.
(h) Limit on manufacturer conducted testing. For each manufacturer,
the maximum number of test group(s)(or Agency-designated subset(s)) of
each model year for which testing under this section shall be required
is limited to 50 percent of the total number of test groups of each
model year required to be tested by each manufacturer as prescribed in
Sec. 86.1845-01 rounded to the next highest whole number where
appropriate. For each manufacturer with only one test group under
Sec. 86.1845-01, such manufacturer shall have a maximum potential
testing requirement under this section of one test group (or Agency-
designated subset) per model year.
(i) Prior to beginning in-use confirmatory testing the manufacturer
must, after consultation with the Agency, submit a written plan
describing the details of the vehicle procurement, maintenance, and
testing procedures (not otherwise specified by regulation) it intends
to use.
(j) EPA may designate a subset of the test group based on
transmission type for testing under this section in lieu of testing the
entire test group when the results for the entire test group from
testing conducted under Sec. 86.1845-01 show mean emissions and a
failure rate
[[Page 23968]]
which meet these criteria for additional testing.
Sec. 86.1847-01 Manufacturer in-use verification and in-use
confirmatory testing; submittal of information and maintenance of
records.
(a) The manufacturer who conducts or causes to be conducted testing
of any motor vehicle under Sec. 86.1845-01 shall establish, maintain
and retain the following records organized and indexed by test group
and evaporative/refueling family:
(1) A record documenting correlation as prescribed by Sec. 86.1845-
01(e)(3).
(2) A description of all laboratory equipment calibrations and
verifications as prescribed by subpart B of this part or otherwise as
appropriate using good engineering judgment.
(3) Procurement documentation. A description of the procurement
area, a record of the source(s) of any list(s) of vehicles used as a
basis for procurement, and a complete record of the number of vehicles
rejected after positive vehicle owner response and reason(s) for
manufacturer rejection of each rejected vehicle. A complete record of
the number of vehicle owners/lessees in which attempt to contact was
made and the number of vehicle owners/lessees actually contacted, the
number of owners/lessees not contacted and the reasons and number of
each for failure to contact, and the number of owners contacted who
declined to participate.
(4) All records required to be maintained under this paragraph
shall be retained by the manufacturer for a period of eight (8) years
after the end of production of the test group to which they relate.
(b) The manufacturer who conducts or causes to be conducted testing
of any motor vehicle under Sec. 86.1845-01 shall submit to the
Administrator on a quarterly calendar year basis, with the information
provided to the Administrator within 30 days of the end of the quarter
of each calendar year, the following records organized by test group
and evaporative/refueling family.
(1) A complete record of all emission tests performed, including
tests results, the date of each test, and the phase mass values for
fuel economy, carbon dioxide and each pollutant measured by the Federal
Test Procedure and Supplemental Federal Test Procedure as prescribed by
subpart B of this part.
(2) For each test vehicle within a test group, a record and
description of procedures and test results pertaining to any inspection
(including the information listed in Appendix III to this subpart),
diagnostics, and maintenance performed on the test vehicle prior to
testing in as-received condition.
(3) A record and description of any inspection, diagnostics, and
maintenance performed and/or testing (including emission results) of
any vehicle tested subsequent to its initial as-received test.
(c) The manufacturer who conducts or causes to be conducted testing
of any motor vehicle under Sec. 86.1845-01 shall submit to the
Administrator a record of the name and location of the testing
laboratory(s) to be used to conduct testing for each model year 30
working days prior to the initiation of testing of that model year.
(d) The manufacturer of any test vehicle subject to Sec. 86.1845-01
shall report to the Agency the test results (identifying the vehicle
test group and emission test results) of any test vehicle in which the
test vehicle fails to meet any applicable emission standard. The
manufacturer must make this report within 72 hours of the completion of
the testing of the test vehicle.
(e) The manufacturer who conducts or causes to be conducted testing
of any motor vehicle under Sec. 86.1846-01 shall establish, maintain
and retain the following organized and indexed records by test group or
Agency-designated subset.
(1) A description of all laboratory equipment calibrations and
verifications as prescribed by subpart B of this part or by good
engineering judgment.
(2) Procurement documentation. A description of the procurement
area, a record of the source(s) of any list(s) of vehicles used as a
basis for procurement, a complete record of: the number of vehicle
owners/lessees in which attempt to contact was made and the number of
vehicle owners/lessees actually contacted; the number of owners/lessees
not contacted and the reasons and number of each for failure to
contact; the number of owners contacted who declined to participate;
and a complete record of the number of vehicles rejected after positive
vehicle owner response and reason(s) for manufacturer rejection of each
rejected vehicle.
(3) All records required to be maintained under this paragraph
shall be retained by the manufacturer for a period of eight (8) years
after the end of production of the test group to which they relate.
(f) Within 30 working days of the completion of testing of a test
group or Agency-designated subset performed under Sec. 86.1846-01, the
manufacturer shall submit to the Administrator the following records
organized by test group or Agency-designated subset.
(1) A complete record of all emission tests performed, including
tests results, the date of each test, and the phase mass values for
fuel economy, carbon dioxide and each pollutant measured by the Federal
Test Procedure and Supplemental Federal Test Procedure as prescribed by
subpart B of this part.
(2) For each test vehicle within a test group, a record and
description of procedures and test results pertaining to any
inspections, diagnostics, and maintenance performed on the test vehicle
prior to any emission testing.
(3) A record and description of any inspections, diagnostics,
maintenance performed and/or testing (including emission results) of
any test vehicle tested subsequent to its initial emission test.
Sec. 86.1848-01 Certification.
(a)(1) If, after a review of the manufacturer's submitted Part I
application, information obtained from any inspection, such other
information as the Administrator may require, and any other pertinent
data or information, the Administrator determines that the application
is complete and that all vehicles within a test group as described in
the application meet the requirements of this Part and the Clean Air
Act, the Administrator shall issue a certificate of conformity.
(2) If, after review of the manufacturer's application, request for
certification, information obtained from any inspection, such other
information as the Administrator may require, and any other pertinent
data or information, the Administrator determines that the application
is not complete or the vehicles within a test group as described in the
application, do not meet applicable requirements or standards of the
Act or of this part, the Administrator may deny the issuance of,
suspend, or revoke a previously issued certificate of conformity. The
Administrator will notify the manufacturer in writing, setting forth
the basis for the determination. The manufacturer may request a hearing
on the Administrator's determination.
(b) A certificate of conformity will be issued by the Administrator
for a period not to exceed one model year and upon such terms as deemed
necessary or appropriate to assure that any new motor vehicle covered
by the certificate will meet the requirements of the Act and of this
part.
(c) All certificates are conditional upon the following conditions
being met:
(1) The manufacturer must supply all required information according
to the
[[Page 23969]]
provisions of Secs. 86.1843-01 and 86.1844-01.
(2) The manufacturer must comply with all certification and in-use
emission standards contained in subparts S and H of this part both
during and after model year production.
(3) The manufacturer must comply with all implementation schedules
sales percentages as required in Sec. 86.1810 or elsewhere in this
part. Failure to meet a required implementation schedule sales
percentage will be considered to be a failure to satisfy a condition
upon which the certificate was issued and any vehicles or trucks sold
in violation of the implementation schedule shall not be covered by the
certificate.
(4) For incomplete light-duty trucks, a certificate covers only
those new motor vehicles which, when completed by having the primary
load-carrying device or container attached, conform to the maximum curb
weight and frontal area limitations described in the application for
certification as required in Sec. 86.1844-01.
(5) The manufacturer must meet the in-use testing and reporting
requirements contained in Secs. 86.1845-01, 86.1846-01, and 86.1847-01,
as applicable. Failure to meet the in-use testing or reporting
requirements shall be considered a failure to satisfy a condition upon
which the certificate was issued. A vehicle or truck will be considered
to be covered by the certificate only if the manufacturer fulfills this
condition upon which the certificate was issued.
(6) Vehicles are covered by a certificate of conformity only if
they are in all material respects as described in the manufacturer's
application for certification (Part I and Part II).
(d) One certificate will be issued for each test group and
evaporative/refueling family combination. For diesel fueled vehicles,
one certificate will be issued for each test group. A certificate of
conformity is deemed to cover the vehicles named in such certificate
and produced during the model year.
(e) A manufacturer of new light-duty vehicles and light-duty trucks
must obtain a certificate of conformity covering such vehicles from the
Administrator prior to selling, offering for sale, introducing into
commerce, delivering for introduction into commerce, or importing into
the United States the new vehicle. Vehicles produced prior to the
effective date of a certificate of conformity may also be covered by
the certificate, once it is effective, if the following conditions are
met:
(1) The vehicles conform in all respects to the vehicles described
in the application for the certificate of conformity.
(2) The vehicles are not sold, offered for sale, introduced into
commerce, or delivered for introduction into commerce prior to the
effective date of the certificate of conformity.
(3) EPA is notified prior to the beginning of production when such
production will start, and EPA is provided a full opportunity to
inspect and/or test the vehicles during and after their production. EPA
must have the opportunity to conduct SEA production line testing as if
the vehicles had been produced after the effective date of the
certificate.
(f) Vehicles imported by an original equipment manufacturer after
December 31 of the calendar year for which the model year is named are
still covered by the certificate of conformity as long as the
production of the vehicle was completed before December 31 of that
year.
(g) For test groups required to have an emission control diagnostic
system, certification will not be granted if, for any emission data
vehicle or other test vehicle approved by the Administrator in
consultation with the manufacturer, the malfunction indicator light
does not illuminate under any of the circumstances described in
Sec. 86.1806-01(k)(1) through (6).
(h) Vehicles equipped with aftertreatment technologies such as
catalysts, otherwise covered by a certificate, which are driven outside
the United States, Canada, and Mexico will be presumed to have been
operated on leaded gasoline resulting in deactivation of such
components as catalysts and oxygen sensors. If these vehicles are
imported or offered for importation without retrofit of the catalyst or
other aftertreatment technology, they will be considered not to be
within the coverage of the certificate unless included in a catalyst or
other aftertreatment technology control program operated by a
manufacturer or a United States Government agency and approved by the
Administrator.
(i) For all light-duty vehicles and light light-duty trucks
certified to NLEV standards under Secs. 86.1710 through 86.1712, the
following provisions apply:
(1) All certificates issued are conditional upon manufacturer
compliance with all provisions of Secs. 86.1710 through 86.1712 both
during and after model year production.
(2) Failure to meet the requirements of Sec. 86.1710(a) through (d)
will be considered to be a failure to satisfy the conditions upon which
the certificate(s) was issued and the vehicles sold in violation of the
fleet average NMOG standard shall not be covered by the certificate.
(3) Failure to comply fully with the prohibition against a
manufacturer selling credits that it has not generated or are not
available, as specified in Sec. 86.1710(e), will be considered to be a
failure to satisfy the conditions upon which the certificate(s) was
issued and the vehicles sold in violation of this prohibition shall not
be covered by the certificate.
(4) Failure to comply fully with the prohibition against offering
for sale Tier 1 vehicles and TLEVs in the Northeast Trading Region, as
defined in Sec. 86.1702, after model year 2000 if vehicles with the
same test groups are not certified and offered for sale in California
in the same model year, as specified in Sec. 86.1711(a), will be
considered to be a failure to satisfy the conditions upon which the
certificate(s) was issued and the vehicles sold in violation of this
prohibition shall not be covered by the certificate.
(5)(i) The Administrator will issue a National LEV certificate of
conformity for 2000 model year vehicles or engines certified to comply
with the California TLEV emission standards.
(ii) This certificate of conformity shall be granted after the
Administrator has received and reviewed the California Executive Order
a manufacturer has received for the same vehicles or engines.
(iii) Vehicles or engines receiving a certificate of conformity
under the provisions in this paragraph can only be sold in the states
included in the NTR, as defined in Sec. 86.1702, and those states where
the sale of California-certified vehicles is otherwise authorized.
(6) The manufacturer shall bear the burden of establishing to the
satisfaction of the Administrator that the conditions upon which the
certificate was issued were satisfied.
(7) For recall and warranty purposes, vehicles not covered by a
certificate because of a violation of these conditions of the
certificate will continue to be held to the standards stated in the
certificate that would have otherwise applied to the vehicles.
Sec. 86.1849-01 Right of entry.
(a) Any manufacturer who has applied for certification of a new
motor vehicle subject to testing under this subpart, or any
manufacturer or entity who conducts or causes to be conducted in-use
verification or in-use confirmatory testing under this subpart, shall
admit or cause to be admitted any EPA Enforcement Officer or any EPA
authorized representative during
[[Page 23970]]
operating hours on presentation of credentials to any of the following:
(1) Any facility where any such certification or in-use
verification or in-use confirmatory testing or any procedures or
activities connected with such testing are or were performed.
(2) Any facility where any new motor vehicle or test vehicle used
for certification, in-use verification or in-use confirmatory testing
which is being, was, or is to be tested is present.
(3) Any facility where any construction process or assembly process
used in the modification or build up of such a vehicle into a
certification vehicle is taking place or has taken place.
(4) Any facility where any record or other document relating to
Sec. 86.1849-01(a) (1), (2), and/or (3) is located.
(b) Upon admission to any facility referred to in paragraph (a) of
this section, any EPA official or EPA authorized representative shall
be allowed:
(1) To inspect and monitor any part or aspect of such procedures,
activities, and testing facilities, including, but not limited to,
monitoring vehicle preconditioning, emissions tests and mileage (or
service) accumulation, bench aging, maintenance, and vehicle soak and
storage procedures, and to verify correlation or calibration of test
equipment.
(2) To inspect and make copies of any such records, designs, or
other documents, including those records specified in Secs. 86.1843-01,
86.1844-01, and 86.1847-01.
(c) In order to allow the Administrator to determine whether or not
production motor vehicles conform to the conditions upon which a
certificate of conformity has been issued, or conform in all material
respects to the design specifications which applied to those vehicles
described in the certification application for which a certificate of
conformity has been issued to standards prescribed under section 202 of
the Act, any manufacturer shall admit any EPA Enforcement Officer or
EPA authorized representative on presentation of credentials to:
(1) Any facility where any document, design, or procedure relating
to the translation of the design and construction of engines and
emission-related components described in the compliance application or
used for certification testing into production vehicles is located or
carried on; and
(2) Any facility where any motor vehicles to be introduced into
commerce are manufactured or assembled.
(d) Upon admission to any facility referred to in paragraph (c) of
this section, any EPA Enforcement Officer or EPA authorized
representative shall be allowed:
(1) To inspect and monitor any aspects of such manufacture or
assembly and other procedures;
(2) To inspect and make copies of any such records, documents or
designs; and
(3) To inspect and photograph any part or aspect of any such new
motor vehicles and any component used in the assembly thereof that are
reasonably related to the purpose of the entry.
(e) Any EPA official or EPA authorized representative shall be
furnished by those in charge of a facility being inspected with such
reasonable assistance as he may request to help him discharge any
function set forth in this paragraph. Each applicant for or recipient
of certification is required to cause those in charge of a facility
operated for its benefit to furnish such reasonable assistance without
charge to EPA whether or not the applicant controls the facility.
(f) The duty to admit or cause to be admitted any EPA Enforcement
Officer or EPA authorized representative applies whether or not the
applicant owns or controls the facility in question and applies both to
domestic and to foreign manufacturers and facilities. EPA will not
attempt to make any inspections which it has been informed that local
law forbids. However, if local law makes it impossible to what is
necessary to insure the accuracy of data generated at a facility, no
informed judgment that a vehicle is certifiable or is covered by a
certificate can properly be based on those data. It is the
responsibility of the manufacturer to locate its testing and
manufacturing facilities in jurisdictions where this situation will not
arise.
(g) For purposes of this section:
(1) ``Presentation of credentials'' shall mean display of the
document designating a person as an EPA Enforcement Officer or EPA
authorized representative.
(2) Where vehicle, component, or engine storage areas or facilities
are concerned, ``operating hours'' shall mean all times during which
personnel other than custodial personnel are at work in the vicinity of
the area or facility and have access to it.
(3) Where facilities or areas other than those covered by paragraph
(g)(2) of this section are concerned, ``operating hours'' shall mean
all times during which an assembly line is in operation or all times
during which testing, maintenance, mileage (or service) accumulation,
production or compilation of records, or any other procedure or
activity related to certification testing, to translation of designs
from the test stage to the production stage, or to vehicle (or engine)
manufacture or assembly is being carried out in a facility.
(4) Reasonable assistance includes, but is not limited to,
clerical, copying, interpretation and translation services, the making
available upon request of personnel of the facility being inspected
during their working hours to inform the EPA Enforcement Officer or EPA
authorized representative of how the facility operates and to answer
his questions, and the performance on request of emissions tests on any
vehicle which is being, has been, or will be used for certification or
in-use verification or confirmatory testing. Such tests shall be
nondestructive, but may require appropriate mileage (or service)
accumulation. A manufacturer may be compelled to cause the personal
appearance of any employee at such a facility before an EPA Enforcement
Officer or EPA authorized representative by written request for his
appearance, signed by the Assistant Administrator for Air and Radiation
or the Assistant Administrator for Enforcement and Compliance
Assurance, served on the manufacturer. Any such employee who has been
instructed by the manufacturer to appear will be entitled to be
accompanied, represented, and advised by counsel.
Sec. 86.1850-01 Denial, suspension or revocation of certificate of
conformity.
(a) If, after review of the manufacturer's application, request for
certification, information obtained from any inspection, such other
information as the Administrator may require, and any other pertinent
data or information, the Administrator determines that one or more test
vehicles do not meet applicable requirements or standards of the Act or
of this Part, the Administrator will notify the manufacturer in
writing, setting forth the basis for the determination. The
manufacturer may request a hearing on the Administrator's
determination.
(b) Notwithstanding the fact that the vehicles described in the
application may comply with all other requirements of this subpart, the
Administrator may deny issuance of, suspend, or revoke a previously
issued certificate of conformity if the Administrator finds any one of
the following infractions to be substantial:
(1) The manufacturer submits false or incomplete information.
(2) The manufacturer denies an EPA enforcement officer or EPA
authorized
[[Page 23971]]
representative the opportunity to conduct authorized inspections as
required under Sec. 86.1849-01.
(3) The manufacturer renders inaccurate any test data which it
submits, or fails to make a good engineering judgment in accordance
with Sec. 86.1851-01(c)(1).
(4) The manufacturer denies an EPA enforcement officer or EPA
authorized representative reasonable assistance as required in
Sec. 86.1849-01.
(5) The manufacturer fails to provide the records required in
Sec. 86.1844-01 to the Administrator within the deadline set forth in
the request for such information.
(6) The manufacturer fails to comply with all conditions under
which the certificate of conformity was granted as specified in
86.1848-01.
(7) The manufacturer otherwise circumvents the intent of the Act or
of this Part.
(c) The manufacturer shall bear the burden of establishing to the
satisfaction of the Administrator that the conditions upon which the
certificate was issued were satisfied, or that any failure to satisfy a
condition is not substantial.
(d) If a manufacturer knowingly commits an infraction specified in
paragraphs (b)(1) through (b)(7) of this section, knowingly commits any
fraudulent act which results in the issuance of a certificate of
conformity, or fails to comply with the conditions specified in
Sec. 86.1843-01, the Administrator may deem such certificate void ab
initio.
(e) When the Administrator denies, suspends, revokes, or voids ab
initio a certificate, EPA will provide the manufacturer a written
determination. The manufacturer may request a hearing under
Sec. 86.1853-01 on the Administrator's decision.
(f) Any suspension or revocation of a certificate of conformity
shall extend no further than to forbid the introduction into commerce
of vehicles previously covered by the certificate which are still in
the possession of the manufacturer, except in cases of such fraud or
other misconduct that makes the certification void ab initio.
Sec. 86.1851-01 Application of good engineering judgment to
manufacturers' decisions.
(a) The manufacturer shall exercise good engineering judgment in
making all decisions called for under this subpart, including but not
limited to selections, categorizations, determinations, and
applications of the requirements of the subpart.
(b) Upon written request by the Administrator, the manufacturer
shall provide within 15 working days (or such longer period as may be
allowed by the Administrator) a written description of the engineering
judgment in question.
(c) The Administrator may reject any such decision by a
manufacturer if it is not based on good engineering judgment, or is
otherwise inconsistent with the requirements of this subpart.
(d) If the Administrator rejects a decision by a manufacturer with
respect to the exercise of good engineering judgment, the following
provisions shall apply:
(1) If the Administrator determines that incorrect information was
deliberately used in the decision process, that important information
was deliberately overlooked, that the decision was not made in good
faith, or that the decision was not made with a rational basis, the
Administrator may suspend or void ab initio a certificate of
conformity.
(2) If the Administrator determines that the manufacturer's
decision does not meet the provisions of paragraph(d)(1) of this
section, but that a different decision would reflect a better exercise
of good engineering judgment, then the Administrator will notify the
manufacturer of this concern and the basis thereof.
(i) The manufacturer shall have at least 30 days to respond to this
notice. The Administrator may extend this response period upon request
from the manufacturer if it is necessary to generate additional data
for the manufacturer's response.
(ii) The Administrator shall make the final ruling after
considering the information provided by the manufacturer during the
response period. If the Administrator determines that the
manufacturer's decision was not made using good engineering judgment,
he/she may reject that decision and apply the new ruling to future
corresponding decisions as soon as practicable.
(e) The Administrator shall notify the manufacturer in writing
regarding any decision reached under paragraph (d)(1) or (2) of this
section. The Administrator shall include in this notification the basis
for reaching the determination.
(f) Within 30 working days following receipt of notification of the
Administrator's determinations made under paragraph (d) of this
section, the manufacturer may request a hearing on those
determinations. The request shall be in writing, signed by an
authorized representative of the manufacturer, and shall include a
statement specifying the manufacturer's objections to the
Administrator's determinations, and data or other analysis in support
of such objections. If, after review of the request and supporting data
or analysis, the Administrator finds that the request raises a
substantial factual issue, he/she shall provide the manufacturer a
hearing in accordance with Sec. 86.1853-01 with respect to such issue.
Sec. 86.1852-01 Waivers for good in-use emission performance.
(a) The Administrator may waive requirements of this subpart
relating to development of emission-related information or test data if
the Administrator determines with confidence that the in-use emission
test verification data required in Sec. 86.1845-01 are below the
applicable emission standards for an appropriate period of time, and
that such performance is likely to continue in subsequent model years.
(b) Any waiver granted under paragraph (a) of this section will be
granted only if the Administrator determines that the waived
requirement is not needed to assure continued emission compliance and
the Administrator will have sufficient testing and other information in
order to make certification decisions.
(c) Any waiver granted under paragraph (a) of this section would be
limited in duration to a period of one model year, unless extended by
the Administrator as a result of continued demonstrations of good in-
use emission performance.
(d) The Administrator reserves the right to deny or revoke a waiver
which may have been granted if he/she determines that the manufacturer
no longer qualifies for the waiver.
Sec. 86.1853-01 Certification hearings.
(a)(1) After granting a request for a hearing under this subpart,
the Administrator shall designate a Presiding Officer for the hearing.
(2) The hearing shall be held as soon as practicable at a time and
place fixed by the Administrator or by the Presiding Officer.
(3) In the case of any hearing requested pursuant to Sec. 86.1850-
01(e), the Administrator may in his discretion direct that all argument
and presentation of evidence be concluded within such fixed period not
less than 30 days as he may establish from the date that the first
written offer of a hearing is made to the manufacturer. To expedite
proceedings, the Administrator may direct that the decision of the
Presiding Officer (who may, but need not be the Administrator) shall be
the final EPA decision.
[[Page 23972]]
(b)(1) Upon appointment pursuant to paragraph (a) of this section,
the Presiding Officer will establish a hearing file. The file shall
consist of the notice issued by the Administrator together with any
accompanying material, the request for a hearing and the supporting
data submitted therewith, and all documents relating to the request for
certification and all documents submitted therewith, and correspondence
and other data material to the hearing.
(2) The hearing file will be available for inspection by the
applicant at the office of the Presiding Officer.
(c) An applicant may appear in person, or may be represented by
counsel or by any other duly authorized representative.
(d)(1) The Presiding Officer upon the request of any party, or in
his discretion, may arrange for a prehearing conference at a time and
place specified by him to consider the following:
(i) Simplification of the issues;
(ii) Stipulations, admissions of fact, and the introduction of
documents;
(iii) Limitation of the number of expert witnesses;
(iv) Possibility of agreement disposing of all or any of the issues
in dispute;
(v) Such other matters as may aid in the disposition of the
hearing, including such additional tests as may be agreed upon by the
parties.
(2) The results of the conference shall be reduced to writing by
the Presiding Officer and made part of the record.
(e)(1) Hearings shall be conducted by the Presiding Officer in an
informal but orderly and expeditious manner. The parties may offer oral
or written evidence, subject to the exclusion by the Presiding Officer
of irrelevant, immaterial and repetitious evidence.
(2) Witnesses will not be required to testify under oath. However,
the Presiding Officer shall call to the attention of witnesses that
their statements may be subject to the provisions of title 18 U.S.C.
1001 which imposes penalties for knowingly making false statements or
representations, or using false documents in any matter within the
jurisdiction of any department or agency of the United States.
(3) Any witness may be examined or cross-examined by the Presiding
Officer, the parties, or their representatives.
(4) Hearings shall be reported verbatim. Copies of transcripts of
proceedings may be purchased by the applicant from the reporter.
(5) All written statements, charts, tabulations, and similar data
offered in evidence at the hearings shall, upon a showing satisfactory
to the Presiding Officer of their authenticity, relevancy, and
materiality, be received in evidence and shall constitute a part of the
record.
(6) Oral argument may be permitted in the discretion of the
Presiding Officer and shall be reported as part of the record unless
otherwise ordered by the Presiding Officer.
(f)(1) The Presiding Officer shall make an initial decision which
shall include written findings and conclusions and the reasons or basis
therefor on all the material issues of fact, law, or discretion
presented on the record. The findings, conclusions, and written
decision shall be provided to the parties and made a part of the
record. The initial decision shall become the decision of the
Administrator without further proceedings unless there is an appeal to
the Administrator or motion for review by the Administrator within 20
days of the date the initial decision was filed.
(2) On appeal from or review of the initial decision the
Administrator shall have all the powers which he would have in making
the initial decision including the discretion to require or allow
briefs, oral argument, the taking of additional evidence or the
remanding to the Presiding Officer for additional proceedings. The
decision by the Administrator shall include written findings and
conclusions and the reasons or basis therefor on all the material
issues of fact, law, or discretion presented on the appeal or
considered in the review.
Appendix I to Subpart S of Part 86--Vehicle Procurement Methodology
I. Test Sampling: The master owner list will be obtained from
manufacturer records or owner registration lists. The list shall
include all vehicle configurations of the target reality check test
group within the selected mailing area. The mailing area shall be
within a radius of at least 20 miles from the test site.
II. Selection Guidelines: The manufacturer or their
representative shall make a reasonable effort to contact potential
participants. Solicitation letters will be sent to potential
participants in the order of their appearance on a randomized master
owner list. The manufacturer or their representative shall perform
the following steps:
(a) The manufacturer or their representative shall mail
solicitation letters in batches. The size of each batch is at least
five times the required number of vehicles to be tested for the
group that year. First class mail shall be used.
(b) If the response rate is less than 20% after two to four
weeks, the manufacturer or their representative shall make one more
attempt and send a new solicitation package to the potential
participants who have not yet responded.
(c) A telephone questionnaire will be conducted on a random
selection of returned, positive-response postcards.
(d) If the required number of vehicles is not obtained,
additional solicitation letters shall be sent to the next batch of
potential participants in the order of their appearance on a
randomized master owner list until the required number of vehicles
are procured.
(e) Alternative selection methods may be used with advanced
approval from the Administrator.
'III. Vehicles Not Available: Vehicles may not be available or
will not be pursued for procurement for the following reasons:
(a) The potential participant response indicates ``not willing
to participate.''
(b) The customer has moved out of the area.
(c) The solicitation letter is undeliverable.
(d) The customer did not respond after two attempts.
(e) The vehicle is not in the appropriate mileage or age
category.
Appendix II to Subpart S of Part 86--As-received Testing Vehicle
Rejection Criteria
1. The odometer is inoperative, has been replaced, or the
indicated mileage is outside the target range.
2. The emission system of the vehicle has been obviously
tampered or the vehicle has been operated on leaded fuel. A
manufacturer may request a vehicle be rejected because of the
addition of an aftermarket security system if the manufacturer
establishes that the installation would make that vehicle's
emissions unrepresentative.
3. The vehicle has been used for severe duty (trailer towing for
passenger cars, snow plowing, racing)
4. The vehicle has a history of extensive collision damage or
major engine repair (piston, crank, cylinder head, engine block).
5. The vehicle exhibits ominous noises or serious fluid leaks
from the engine or transmission, a modified exhaust system,
(headers, side pipes, aftermarket catalysts, etc) or an exhaust
system with an audible leak.
6. Testing the vehicle could endanger the safety of the vehicle,
test facility, or individuals conducting the testing.
7. The MIL light is flashing (severe misfire indication).
8. Other items with prior agency approval.
Appendix III to Subpart S of Part 86--As-Received Inspection
Items to be recorded at time of Initial Inspection of Vehicle--
1. Date of Inspection
3. Test Group
4. Evaporative/refueling Family
5. Vehicle model
6. Odometer Reading
7. Build Date
8. MIL light on/off status
9. Readiness code status
10. Stored OBD codes
11.Any conditions referenced in Appendix II to this subpart which
result in vehicle being rejected from program.
[[Page 23973]]
PART 88--[AMENDED]
53. The authority citation for Part 88 continues to read as
follows:
Authority: 42 U.S.C. 7410, 7418, 7581, 7582, 7583, 7584, 7586,
7588, 7589, 7601(a).
54. Section 88.301-93 of subpart C is amended by adding a new
paragraph (c) to read as follows:
Sec. 88.301-93 General applicability.
* * * * *
(c) References in this subpart to engine families and emission
control systems shall be deemed to refer to durability groups and test
groups as applicable for manufacturers certifying new light-duty
vehicles and light-duty trucks under the provisions of 40 CFR part 86,
subpart S.
PART 600--[AMENDED]
55. The authority for Part 600 continues to read as follows:
Authority: 15 U.S.C. 2001, 2002, 2003, 2005, 2006, and 2013.
56. Section 600.002-85 is amended by revising paragraph (a)(15) to
read as follows:
Sec. 600.002-85 Definitions.
(a) * * *
(15) Certification Vehicle means a vehicle which is selected under
40 CFR 86.084-24(b)(1) or 40 CFR 86.1824-01 as applicable, and is used
to determine compliance under 40 CFR 86.084-30 or 40 CFR 86.1844-01 as
applicable for issuance of an original certificate of conformity.
* * * * *
57. Section 600.005-81 is amended by revising the introductory text
to read as follows:
Sec. 600.005-81 Maintenance of records and rights of entry.
The provisions of this section are applicable to all fuel economy
data vehicles. Certification vehicles are required to meet the
provisions of 40 CFR 86.000-7 or 40 CFR 86.1844-01, as applicable:
* * * * *
58. Section 600.006-89 is amended by revising paragraphs (c)(1) and
(f) to read as follows:
Sec. 600.006-89 Data and information requirements for fuel economy
vehicles.
* * * * *
(c) * * *
(1) For vehicles tested to meet the requirements of 40 CFR part 86
(other than those chosen in accordance with 40 CFR 86.1829-01(a) or 40
CFR 86.1844-01), the city and highway fuel economy results from all
tests on that vehicle, and the test results adjusted in accordance with
paragraph (g) of this section.
* * * * *
(f) If, in conducting tests required or authorized by this part,
the manufacturer utilizes procedures, equipment, or facilities not
described in the Application for Certification required in 40 CFR
86.087-21 or 40 CFR 86.1844-01 as applicable, the manufacturer shall
submit to the Administrator a description of such procedures,
equipment, and facilities.
* * * * *
59. Section 600.007-80 is amended by revising paragraphs (a) and
(b)(3), (b)(4) and (e)(1) to read as follows:
Sec. 600.007-80 Vehicle acceptability.
(a) All certification vehicles and other vehicles tested to meet
the requirements of 40 CFR part 86 (other than those chosen per 40 CFR
86.080-24(c) or 40 CFR 86.1829-01(a) as applicable, are considered to
have met the requirements of this section.
(b) * * *
(3) The mileage on a fuel economy data vehicle must be, to the
extent possible, accumulated according to 40 CFR 86.079-26(a)(2) or 40
CFR 86.1831-01 as applicable.
(4) Each fuel economy data vehicle must meet the same exhaust
emission standards as certification vehicles of the respective engine-
system combination during the test in which the city fuel economy test
results are generated. The deterioration factors established for the
respective engine-system combination per Sec. 86.079-28 or
Sec. 86.1841-01 as applicable will be used.
* * * * *
(e) * * *
(1) The Administrator may, under the provisions of 40 CFR 86.079-
37(a) or 40 CFR 86.1830-01 as applicable, request the manufacturer to
submit production vehicles of the configuration(s) specified by the
Administrator for testing to determine to what extent emission
noncompliance of a production vehicle configuration or of a group of
production vehicle configurations may actually exist.
* * * * *
60. A new Sec. 600.008-01 is added to read as follows:
Sec. 600.008-01 Review of fuel economy data, testing by the
Administrator.
(a) Testing by the Administrator. (1) The Administrator may require
that any one or more of the test vehicles be submitted to the Agency,
at such place or places as the Agency may designate, for the purposes
of conducting fuel economy tests. The Administrator may specify that
such testing be conducted at the manufacturer's facility, in which case
instrumentation and equipment specified by the Administrator shall be
made available by the manufacturer for test operations. Any testing
conducted at a manufacturer's facility pursuant to this paragraph shall
be scheduled by the manufacturer as promptly as possible.
(2) Retesting and official data determination. For any vehicles
selected for confirmatory testing under the provisions of paragraph
(a)(1) of this section, the Administrator will follow this procedure:
(i) The manufacturer's data (or harmonically averaged data if more
than one test was conducted) will be compared with the results of the
Administrator's test.
(ii) If, in the Administrator's judgment, the comparison in
paragraph (a)(2)(i) of this section indicates a disparity in the data,
the Administrator will repeat the city test or the highway test or both
as applicable.
(A) The manufacturer's average test results and the results of the
Administrator's first test will be compared with the results of the
Administrator's second test as in paragraph (a)(2)(i) of this section.
(B) If, in the Administrator's judgment, both comparisons in
paragraph (a)(2)(i)(A) of this section, indicate a disparity in the
data, the Administrator will repeat the city fuel economy test or
highway fuel economy test or both as applicable until:
(1) In the Administrator's judgment no disparity in the data is
indicated by comparison of two tests by the Administrator or by
comparison of the manufacturer's average test results and a test by the
Administrator; or
(2) Four city tests or four highway tests or both, as applicable,
are conducted by the Administrator in which a disparity in the data is
indicated when compared as in paragraph (a)(2)(ii) of this section.
(iii) If there is, in the Administrator's judgment, no disparity
indicated by comparison of manufacturer's average test results with a
test by the Administrator, the test values generated by the
Administrator will be used to represent the vehicle.
(iv) If there is, in the Administrator's judgment, no disparity
indicated by comparison of two tests by the Administrator, the harmonic
averages of the city and highway fuel economy results from those tests
will be used to represent the vehicle.
(v) If the situation in paragraph (a)(2)(ii)(B)(2) of this section
occurs, the Administrator will notify the
[[Page 23974]]
manufacturer, in writing, that the Administrator rejects that fuel
economy data vehicle.
(b) Manufacturer-conducted confirmatory testing. (1) If the
Administrators determines not to conduct a confirmatory test under the
provisions of paragraph (a) of this section, manufacturers will conduct
a confirmatory test at their facility after submitting the original
test data to the Administrator whenever any of the following conditions
exist:
(i) The vehicle configuration has previously failed an emission
standard;
(ii) The test exhibits high emission levels determined by exceeding
a percentage of the standards specified by the Administrator for that
model year;
(iii) The fuel economy value of the test is higher than expected
based on procedures approved by the Administrator;
(iv) The fuel economy value is close to a Gas Guzzler Tax threshold
value based on tolerances established by the Administrator for that
model year; or
(v) The fuel economy value is a potential fuel economy leader for a
class of vehicles based on Administrator provided cut points for that
model year.
(2) If the Administrator selects the vehicle for confirmatory
testing based on the manufacturer's original test results, the testing
shall be conducted as ordered by the Administrator. In this case, the
manufacturer-conducted confirmatory testing specified under paragraph
(b)(1) of this section would not be required.
(3) The manufacturer shall conduct a retest of the FTP or highway
test if the difference between the fuel economy of the confirmatory
test and the original manufacturer's test equals or exceeds three
percent (or such lower percentage to be applied consistently to all
manufacturer conducted confirmatory testing as requested by the
manufacturer and approved by the Administrator).
(i) The manufacturer may, in lieu of conducting a retest, accept
the lower of the original and confirmatory test fuel economy results
for use in subpart C or F of this part.
(ii) The manufacturer shall conduct a second retest of the FTP or
highway test if the fuel economy difference between the second
confirmatory test and the original manufacturer test equals or exceeds
three percent (or such lower percentage as requested by the
manufacturer and approved by the Administrator) and the fuel economy
difference between the second confirmatory test and the first
confirmatory test equals or exceeds three percent (or such lower
percentage as requested by the manufacturer and approved by the
Administrator). The manufacturer may, in lieu of conducting a second
retest, accept the lowest of the original test, the first confirmatory
test, and the second confirmatory test fuel economy results for use in
subpart C or F of this part.
(c) Review of fuel economy data. (1) Fuel economy data must be
judged reasonable and representative by the Administrator in order for
the test results to be used for the purposes of subpart C or F of this
part. In making this determination, the Administrator will, when
possible, compare the results of a test vehicle to those of other
similar test vehicles.
(2) If testing was conducted by the Administrator under the
provisions of paragraph (a) of this section, the fuel economy data
determined by the Administrator under paragraph (a) of this section,
together with all other fuel economy data submitted for that vehicle
under Sec. 600.006(c) or (e) will be evaluated for reasonableness and
representativeness per paragraph (c)(1) of this section.
(i) The fuel economy data which are determined to best meet the
criteria of paragraph (c) (1) of this section will be accepted for use
in subpart C or F of this part.
(ii) City and highway test data will be considered separately.
(iii) If more than one test was conducted, the Administrator may
select an individual test result or the harmonic average of selected
test results to satisfy the requirements of paragraph (c)(2)(i) of this
section.
(3) If confirmatory testing was not conducted by the Administrator
but confirmatory testing was conducted by the manufacturer under the
provisions of paragraph (b) of this section, the fuel economy data
determined by the Administrator under paragraph (b) of this section,
will be evaluated for reasonableness and representativeness per
paragraph (c)(1) of this section.
(i) The fuel economy data which are determined to best meet the
criteria of paragraph (c)(1) of this section will be accepted for use
in subpart C or F of this part.
(ii) City and highway test data will be considered separately.
(iii) If more than one test was conducted, the Administrator may
select an individual test result or the harmonic average of selected
test results to satisfy the requirements of paragraph (c)(2)(i) of this
section.
(4) If no confirmatory testing was conducted by either the
Administrator or the manufacturer under the provisions of paragraph (a)
and (b) of this section, respectively, then the data submitted under
the provisions of Sec. 600.006(c) or (e) shall be accepted for use in
subpart C or F of this part.
(i) City and highway test data will be considered separately.
(ii) If more than one test was conducted, the harmonic average of
the test results shall be accepted for use in subpart C or F of this
part.
(d) If, based on a review of the fuel economy data generated by
testing under paragraph (a) of this section, the Administrator
determines that an unacceptable level of correlation exists between
fuel economy data generated by a manufacturer and fuel economy data
generated by the Administrator, he/she may reject all fuel economy data
submitted by the manufacturer until the cause of the discrepancy is
determined and the validity of the data is established by the
manufacturer.
(e)(1) If, based on the results of an inspection conducted under
Sec. 600.005(b) or any other information, the Administrator has reason
to believe that the manufacturer has not followed proper testing
procedures or that the testing equipment is faulty or improperly
calibrated, or if records do not exist that will enable him to make a
finding of proper testing, the Administrator may notify the
manufacturer in writing of his finding and require the manufacturer to:
(i) Submit the test vehicle(s) upon which the data are based or
additional test vehicle(s) at a place he may designate for the purpose
of fuel economy testing.
(ii) Conduct such additional fuel economy testing as may be
required to demonstrate that prior fuel economy test data are
reasonable and representative.
(2) Previous acceptance by the Administrator of any fuel economy
test data submitted by the manufacturer shall not limit the
Administrator's right to require additional testing under paragraph
(h)(1) of this section.
(3) If, based on tests required under paragraph (e)(1) of this
section, the Administrator determines that any fuel economy data
submitted by the manufacturer and used to calculate the manufacturer's
fuel economy average was unrepresentative, the Administrator may
recalculate the manufacturer's fuel economy average based on fuel
economy data that he/she deems representative.
(4) A manufacturer may request a hearing as provided in
Sec. 600.009 if the Administrator decides to recalculate the
manufacturer's average pursuant to determinations made relative to this
section.
[[Page 23975]]
61. Section 600.010-86 is amended by revising paragraphs (a)
introductory text and (c)(1)(i) to read as follow:
Sec. 600.010-86 Vehicle test requirements and minimum data
requirements.
(a) For each certification vehicle defined in this part, and for
each vehicle tested according to the emission test procedures in 40 CFR
part 86 for addition of a model after certification or approval of a
running change (40 CFR 86.079-32, 86.079-33 and 86.082-34 or 40 CFR
86.1842-01 as applicable):
* * * * *
(c) * * *
(1) * * *
(i) Data required for emission certification under 40 CFR 86.084-
24, 86.079-32, 86.079-33, and 86.082-34 or 40 CFR 86.1828-01 and
86.1842-01 as applicable,
* * * * *
62. Section 600.111-93 is amended by revising paragraph (g)(2) to
read as follows:
Sec. 600.111-93 Test procedures.
* * * * *
(g) * * *
(2) False starts and stalls during the preconditioning cycle must
be treated as in 40 CFR 86.136 (d) and (e). If the vehicle stalls
during the measurement cycle of the highway fuel economy test, the test
is voided, corrective action may be taken according to 40 CFR 86.079-25
or 40 CFR 86.1834-01 as applicable, and the vehicle may be rescheduled
for test. The person taking the corrective action shall report the
action so that the test records for the vehicle contain a record of the
action.
* * * * *
63. Section 600.113-93 is amended by revising paragraph (d) to read
as follows:
Sec. 600.113-93 Fuel economy calculations.
* * * * *
(d) Calculate the city fuel economy and highway fuel economy from
the grams/mile values for total HC, CO, CO2 and, where applicable, CH3,
OH, HCHO, NMHC and CH4 and, the test fuel's specific gravity, carbon
weight fraction, net heating value, and additionally for natural gas,
the test fuel's composition. The emission values (obtained per
paragraph (a) or (b) of this section, as applicable) used in each
calculation of this section shall be rounded in accordance with 40 CFR
86.084-26(a)(6)(iii) or 40 CFR 86.1837-01 as applicable. The CO2 values
(obtained per paragraph (a) or (b) of this section, as applicable) used
in each calculation of this section shall be rounded to the nearest
gram/mile. The specific gravity and the carbon weight fraction
(obtained per paragraph (c) of this section) shall be recorded using
three places to the right of the decimal point. The net heating value
(obtained per paragraph (c) of this section) shall be recorded to the
nearest whole Btu/lb.
* * * * *
64. Section 600.207-93 is amended by revising paragraph (a)(3)(iii)
to read as follows:
Sec. 600.207-93 Calculation of fuel economy values for a model type.
(a) * * *
(3) * * *
(iii) The requirements of this paragraph (a)(3) may be satisfied by
providing an amended application for certification, as described in 40
CFR 86.084-21 or 40 CFR 86.1844-01 as applicable.
* * * * *
65. A new Sec. 600.313-01 is added to read as follows:
Sec. 600.313-01 Timetable for data and information submittal and
review.
(a) A manufacturer shall submit to the Administrator fuel economy
label values and sufficient information to determine fuel economy label
values within the following time constraints (except for manufacturers
designated under Sec. 600.312(a)(4) who shall submit the information no
later than thirty calendar days prior to the date the model type
[vehicle] is initially offered for sale.
(1) For initial general label values, no later than five working
days before the date that the model type is initially offered for sale;
(2) For specific label values, no later than five working days
before any vehicles are offered for sale;
(3) For model types having label values updated because of running
changes (as required under Sec. 600.314(b)), the submission must be
made at least five working days before the date of implementation of
the running change.
(b) A manufacturer may not proceed with any label calculation until
the data from each vehicle used in such calculation satisfies the
requirements of Sec. 600.008, except as allowed under the provisions of
Sec. 600.314-01(e) and approved by the Administrator.
(c) If the Administrator has waived any testing in paragraph (b) of
this section and subsequently finds that the decision to waive testing
was based on an incorrect data submission or that a fuel economy offset
exists (based on subsequent testing of that manufacturer's product
line), the Administrator may require confirmation of the data generated
by any such waived vehicle.
66. A new Sec. 600.314-01 is added to read as follows:
Sec. 600.314-01 Updating label values, annual fuel cost, Gas Guzzler
Tax, and range of fuel economies for comparable automobiles.
(a) The label values established in Sec. 600.312 shall remain in
effect for the model year unless updated in accordance with paragraph
(b) of this section.
(b)(1) The manufacturer shall recalculate the model type fuel
economy values for any model type containing base levels affected by
running changes specified in Sec. 600.507(a).
(2) For separate model types created in Sec. 600.207(a)(2), the
manufacturer shall recalculate the model type values for any additions
or deletions of subconfigurations to the model type. Minimum data
requirements specified in Sec. 600.010(c)(1)(ii) shall be met prior to
recalculation.
(3) Label value recalculations shall be performed to read as
follows:
(i) The manufacturer shall use updated total model year projected
sales for label value recalculations.
(ii) All model year data approved by the Administrator at the time
of the recalculation for that model type shall be included in the
recalculation.
(iii) Using the additional data under paragraph (b) of this
section, the manufacturer shall calculate new model type city and
highway values in accordance with Secs. 600.207 and 600.209 except that
the values shall be rounded to the nearest 0.1 mpg.
(iv) The existing label values, calculated in accordance with
Secs. 600.207 and 600.209, shall be rounded to the nearest 0.1 mpg.
(4)(i) If the recalculated city or highway fuel economy value in
paragraph (b)(3)(iii) of this section is less than the respective city
or highway value in paragraph (b)(3)(iv) of this section by 1.0 mpg or
more, the manufacturer shall affix labels with the recalculated model
type values (rounded to whole mpg's) to all new vehicles of that model
type beginning on the day of implementation of the running change.
(ii) If the recalculated city or highway fuel economy value in
paragraph (b)(3)(iii) of this section is higher than the respective
city or highway value in paragraph (b)(3)(iv) of this section by 1.0
mpg or more, then the manufacturer has the option to use the
recalculated values for labeling the entire model type beginning on the
day of implementation of the running change.
[[Page 23976]]
(c) For fuel economy labels updated using recalculated fuel economy
values determined in accordance with paragraph (b) of this section, the
manufacturer shall concurrently update all other label information
(e.g., the annual fuel cost, range of comparable vehicles and the
applicability of the Gas Guzzler Tax as needed).
(d) The Administrator shall periodically update the range of fuel
economies of comparable automobiles based upon all label data supplied
to the Administrator.
(e) The manufacturer may request permission from the Administrator
to calculate and use label values based on test data from vehicles
which have not completed the Administrator ordered confirmatory testing
required under the provisions of Sec. 600.008-00(c). If the
Administrator approves such a calculation the following procedures
shall be used to determine if relabeling is required after the
confirmatory testing is completed.
(1) The Administrator ordered confirmatory testing shall be
completed as quickly as possible.
(2) Using the additional data under paragraph (e)(1) of this
section, the manufacturer shall calculate new model type city and
highway values in accordance with Secs. 600.207 and 600.209 except that
the values shall be rounded to the nearest 0.1 mpg.
(3) The existing label values, calculated in accordance with
Secs. 600.207 and 600.209, shall be rounded to the nearest 0.1 mpg.
(4) Relabeling. (i) If the recalculated city or highway fuel
economy value in paragraph (b)(3)(iii) of this section is less than the
respective city or highway value in paragraph (b)(3)(iv) of this
section by 0.5 mpg or more, the manufacturer shall affix labels with
the recalculated model type values (rounded to whole mpg's) to all new
vehicles of that model type beginning 15 days after the completion of
the confirmatory test.
(ii) If both the recalculated city or highway fuel economy value in
paragraph (b)(3)(iii) of this section is less than the respective city
or highway value in paragraph (b)(3)(iv) of this section by 0.1 mpg or
more and the recalculated gas guzzler tax rate determined under the
provisions of Sec. 600.513-91 is larger, the manufacturer shall affix
labels with the recalculated model type values (rounded to whole mpg's)
and gas guzzler tax statement and rates to all new vehicles of that
model type beginning 15 days after the completion of the confirmatory
test.
(5) For fuel economy labels updated using recalculated fuel economy
values determined in accordance with paragraph (e)(4) of this section,
the manufacturer shall concurrently update all other label information
(e.g., the annual fuel cost, range of comparable vehicles and the
applicability of the Gas Guzzler Tax if required by Department of
Treasury regulations).
67. Section 600.507-86 is amended by revising paragraph (a)
introductory text to read as follows:
Sec. 600.507-86 Running change data requirements.
(a) Except as specified in paragraph (d) of this section, the
manufacturer shall submit additional running change fuel economy data
as specified in paragraph (b) of this section for any running change
approved or implemented under 40 CFR 86.079-32, 86.079-33, or 86.082-34
or 40 CFR 86.1842-01 as applicable, which:
* * * * *
68. A new Sec. 600.512-01 is added to read as follows:
Sec. 600.512-01 Model year report.
(a) For each model year, the manufacturer shall submit to the
Administrator a report, known as the model year report, containing all
information necessary for the calculation of the manufacturer's average
fuel economy. The results of the manufacturer calculations and summary
information of model type fuel economy values which are contained in
the average calculation shall be submitted to the Secretary of the
Department of Transportation, National Highway and Traffic Safety
Administration.
(b)(1) The model year report shall be in writing, signed by the
authorized representative of the manufacturer and shall be submitted no
later than 90 days after the end of the model year.
(2) The Administrator may waive the requirement that the model year
report be submitted no later than 90 days after the end of the model
year. Based upon a request by the manufacturer, if the Administrator
determines that 90 days is insufficient time for the manufacturer to
provide all additional data required as determined in Sec. 600.507, the
Administrator shall establish a date by which the model year report
must be submitted.
(3) Separate reports shall be submitted for passenger automobiles
and light trucks (as identified in Sec. 600.510).
(c) The model year report must include the following information:
(1) All fuel economy data used in the labeling calculations and
subsequently required by the Administrator in accordance with
Sec. 600.507;
(2) All fuel economy data for certification vehicles and for
vehicles tested for running changes approved under 40 CFR 86.1842-01;
(3) Any additional fuel economy data submitted by the manufacturer
under Sec. 600.509;
(4) A fuel economy value for each model type of the manufacturer's
product line calculated according to Sec. 600.510(b)(2);
(5) The manufacturer's average fuel economy value calculated
according to Sec. 600.510(c);
(6) A listing of both domestically and nondomestically produced car
lines as determined in Sec. 600.511 and the cost information upon which
the determination was made; and
(7) The authenticity and accuracy of production data must be
attested to by the corporation, and shall bear the signature of an
officer (a corporate executive of at least the rank of vice-president)
designated by the corporation. Such attestation shall constitute a
representation by the manufacturer that the manufacturer has
established reasonable, prudent procedures to ascertain and provide
production data that are accurate and authentic in all material
respects and that these procedures have been followed by employees of
the manufacturer involved in the reporting process. The signature of
the designated officer shall constitute a representation by the
required attestation.
[FR Doc. 99-9062 Filed 5-3-99; 8:45 am]
BILLING CODE 6560-50-P