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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 40:40:22.0.1.1.2.0.1.1 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | § 86.1 Incorporation by reference. | EPA | [89 FR 28154, Apr. 18, 2024, as amended at 89 FR 50234, June 13, 2024] | Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, EPA must publish a document in the Federal Register and the material must be available to the public. All approved incorporation by reference (IBR) material is available for inspection at EPA and at the National Archives and Records Administration (NARA). Contact EPA at: U.S. EPA, Air and Radiation Docket Center, WJC West Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC 20004; www.epa.gov/dockets ; (202) 202-1744. For information on inspecting this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov . The material may be obtained from the following sources: (a) ASTM International (ASTM). ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA, 19428-2959; (610) 832-9585; www.astm.org. (1) ASTM C1549-09, Standard Test Method for Determination of Solar Reflectance Near Ambient Temperature Using a Portable Solar Reflectometer, approved August 1, 2009 (“ASTM C1549”); IBR approved for § 86.1869-12(b). (2) ASTM D86-12, Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure, approved December 1, 2012 (“ASTM D86”); IBR approved for §§ 86.113-04(a); 86.113-94(b); 86.213(a); 86.513(a). (3) ASTM D93-13, Standard Test Methods for Flash Point by Pensky-Martens Closed Cup Tester, approved July 15, 2013 (“ASTM D93”); IBR approved for § 86.113-94(b). (4) ASTM D445-12, Standard Test Method for Kinematic Viscosity of Transparent and Opaque Liquids (and Calculation of Dynamic Viscosity), approved April 15, 2012 (“ASTM D445”); IBR approved for § 86.113-94(b). (5) ASTM D613-13, Standard Test Method for Cetane Number of Diesel Fuel Oil, approved December 1, 2013 (“ASTM D613”); IBR approved for § 86.113-94(b). (6) ASTM D975-13a, Standard Specification for Diesel Fuel Oils,… | |||||
| 40:40:22.0.1.1.2.1.1.1 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.000-2 Definitions. | EPA | [61 FR 54878, Oct. 22, 1996] | The definitions of § 86.098-2 continue to apply to 1998 and later model year vehicles. The definitions listed in this section apply beginning with the 2000 model year. AC1 means a test procedure as described in § 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 § 86.162-00 which simulates testing with air conditioning operating in an environmental test cell by adding a heat load to the passenger compartment. Alternative fuels means any fuel other than gasoline and diesel fuels, such as methanol, ethanol, and gaseous fuels. 866 Cycle means the test cycle that consists of the last 866 seconds (seconds 505 to 1372) of the EPA Urban Dynamometer Driving Schedule, described in § 86.115-00 and listed in appendix I, paragraph (a), of this part. Environmental test cell means a test cell capable of wind-speed, solar thermal load, ambient temperature, and humidity control or simulation which meets the requirements of § 86.161-00 for running emission tests with the air conditioning operating. Federal Test Procedure, or FTP means the test procedure as described in § 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. 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 § 86.115-00 and listed in appendix I, paragraph (a), of this part. SC03 means the test cycle, described in § 86.160-00 and listed in appendix I, paragraph (h), of this part, which is designed to represent driving immediately following startup. Supplemental FTP, or SFTP means the additional test procedures designed to measure emissions during aggressive and microtransient driving, as described in § 86.159-00 over the US06… | |||
| 40:40:22.0.1.1.2.1.1.10 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.004-11 Emission standards for 2004 and later model year diesel heavy-duty engines and vehicles. | EPA | [62 FR 54721, Oct. 21, 1997, as amended at 65 FR 6848, Feb. 10, 2000; 65 FR 59945, Oct. 6, 2000; 79 FR 23688, Apr. 28, 2014] | This section applies to 2004 and later model year diesel HDEs. (a)(1) Exhaust emissions from new 2004 and later model year diesel HDEs shall not exceed the following: (i)(A) Oxides of Nitrogen plus Non-methane Hydrocarbons (NO X + NMHC) for engines fueled with either petroleum fuel, natural gas, or liquefied petroleum gas, 2.4 grams per brake horsepower-hour (0.89 gram per megajoule), as measured under transient operating conditions. (B) Oxides of Nitrogen plus Non-methane Hydrocarbon Equivalent (NO X + NMHCE) for engines fueled with methanol, 2.4 grams per brake horsepower-hour (0.89 gram per megajoule), as measured under transient operating conditions. (C) Optional standard. Manufacturers may elect to certify to an Oxides of Nitrogen plus Non-methane Hydrocarbons (or equivalent for methanol-fueled engines) standard of 2.5 grams per brake horsepower-hour (0.93 gram per megajoule), as measured under transient operating conditions, provided that Non-methane Hydrocarbons (or equivalent for methanol-fueled engines) do not exceed 0.5 grams per brake horsepower-hour (0.19 gram per megajoule) NMHC (or NMHCE for methanol-fueled engines), as measured under transient operating conditions. (D) A manufacturer may elect to include any or all of its diesel HDE families in any or all of the emissions ABT programs for HDEs, within the restrictions described in § 86.004-15 or superseding applicable sections. If the manufacturer elects to include engine families in any of these programs, the NO X plus NMHC (or NO X plus NMHCE for methanol-fueled engines) FELs may not exceed 4.5 grams per brake horsepower-hour (1.7 grams per megajoule). This ceiling value applies whether credits for the family are derived from averaging, banking, or trading programs. Additionally, families certified to the optional standard contained in paragraph (a)(1)(i)(C) of this section shall not exceed 0.50 grams per brake horsepower-hour (0.19 gram per megajoule) NMHC (or NMHCE for methanol-fueled engines) through the use of credits. (E) [Reserv… | |||
| 40:40:22.0.1.1.2.1.1.11 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.004-15 NO | EPA | [62 FR 54722, Oct. 21, 1997, as amended at 65 FR 59946, Oct. 6, 2000; 86 FR 34364, June 29, 2021] | (a) Overview. (1) Heavy-duty engines eligible for NO X plus NMHC and particulate averaging, trading and banking programs are described in the applicable emission standards sections in this subpart. For manufacturers not selecting Options 1 or 2 contained in § 86.005-10(f), the ABT program requirements contained in § 86.000-15 apply for 2004 model year Otto-cycle engines, rather than the provisions contained in this section. Participation in these programs is voluntary. (2)(i) Engine families with FELs exceeding the applicable standard shall obtain emission credits in a mass amount sufficient to address the shortfall. Credits may be obtained from averaging, trading, or banking, within the averaging set restrictions described in this section. (ii) Engine families with FELs below the applicable standard will have emission credits available to average, trade, bank or a combination thereof. Credits may not be used for averaging or trading to offset emissions that exceed an FEL. Credits may not be used to remedy an in-use nonconformity determined by a Selective Enforcement Audit or by recall testing. However, credits may be used to allow subsequent production of engines for the family in question if the manufacturer elects to recertify to a higher FEL. (b) Participation in the NO X plus NMHC and/or particulate averaging, trading, and banking programs shall be done as follows: (1) During certification, the manufacturer shall: (i) Declare its intent to include specific engine families in the averaging, trading and/or banking programs. Separate declarations are required for each program and for each pollutant (i.e., NO X plus NMHC, and particulate). (ii) Declare an FEL for each engine family participating in one or more of these two programs. (A) The FEL must be to the same level of significant digits as the emission standard (one-tenth of a gram per brake horsepower-hour for NO X plus NMHC emissions and one-hundredth of a gram per brake horsepower-hour for particulate emissions). (B) In no case may the FEL … | |||
| 40:40:22.0.1.1.2.1.1.12 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.004-16 Prohibition of defeat devices. | EPA | [65 FR 59947, Oct. 6, 2000, as amended at 70 FR 40432, July 13, 2005] | (a) No new heavy-duty vehicle or heavy-duty engine shall be equipped with a defeat device. (b) The Administrator may test or require testing on any vehicle or engine at a designated location, using driving cycles and conditions which may reasonably be expected to be encountered in normal operation and use, for the purpose of investigating a potential defeat device. (c) [Reserved] (d) For vehicle and engine designs designated by the Administrator to be investigated for possible defeat devices: (1) General. The manufacturer must show to the satisfaction of the Administrator that the vehicle or engine design does not incorporate strategies that reduce emission control effectiveness exhibited during the applicable Federal emissions test procedures when the vehicle or engine is operated under conditions which may reasonably be expected to be encountered in normal operation and use, unless one of the specific exceptions set forth in the definition of “defeat device” in § 86.004-2 has been met. (2) Information submissions required. The manufacturer will provide an explanation containing detailed information (including information which the Administrator may request to be submitted) regarding test programs, engineering evaluations, design specifications, calibrations, on-board computer algorithms, and design strategies incorporated for operation both during and outside of the applicable Federal emission test procedure. | |||
| 40:40:22.0.1.1.2.1.1.13 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.004-21 Application for certification. | EPA | [62 FR 54724, Oct. 21, 1997, as amended at 65 FR 59947, Oct. 6, 2000; 79 FR 23688, Apr. 28, 2014] | Section 86.004-21 includes text that specifies requirements that differ from § 86.094-21. Where a paragraph in § 86.094-21 is identical and applicable to § 86.004-21, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-21.” (a)-(b)(3) [Reserved]. For guidance see § 86.094-21. (b)(4)(i) [Reserved] (b)(4)(ii)-(b)(5)(iv) [Reserved]. For guidance see § 86.094-21. (6) Participation in averaging programs —(i) Particulate averaging. (A) If the manufacturer elects to participate in the particulate averaging program for diesel light-duty vehicles and/or diesel light-duty trucks or the particulate averaging program for heavy-duty diesel engines, the application must list the family particulate emission limit and the projected U.S. production volume of the family for the model year. (B) The manufacturer shall choose the level of the family particulate emission limits, accurate to hundredth of a gram per mile or hundredth of a gram per brake horsepowerhour for HDEs. (C) The manufacturer may at any time during production elect to change the level of any family particulate emission limit(s) by submitting the new limit(s) to the Administrator and by demonstrating compliance with the limit(s) as described in §§ 86.090-2 and 86.094-28(b)(5)(i). (ii) NO X and NO X plus NMHC averaging. (A) If the manufacturer elects to participate in the NO X averaging program for light-duty trucks or otto-cycle HDEs or the NO X plus NMHC averaging program for diesel-cycle HDEs, the application must list the family emission limit and the projected U.S. production volume of the family for the model year. (B) The manufacturer shall choose the level of the family emission limits, accurate to one-tenth of a gram per mile or to one-tenth of a gram per brake horsepower-hour for HDEs. (C) The manufacturer may at any time during production elect to change the level of any family emission limit(s) by submitting the new limits to the Administrator and by demonstrating co… | |||
| 40:40:22.0.1.1.2.1.1.14 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.004-25 Maintenance. | EPA | [62 FR 54725, Oct. 21, 1997, as amended at 79 FR 23688, Apr. 28, 2014; 79 FR 46371, Aug. 8, 2014; 81 FR 73973, Oct. 25, 2016] | Section 86.004-25 includes text that specifies requirements that differ from § 86.094-25. Where a paragraph in § 86.094-25 is applicable to § 86.004-25, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-25.”. (a)(1) Applicability. This section applies to light-duty vehicles, light-duty trucks, and HDEs. (2) Maintenance performed on vehicles, engines, subsystems, or components used to determine exhaust, evaporative or refueling emission deterioration factors, as appropriate, is classified as either emission-related or non-emission-related and each of these can be classified as either scheduled or unscheduled. Further, some emission-related maintenance is also classified as critical emission-related maintenance. (b) Introductory text through (b)(3)(ii) [Reserved]. For guidance see § 86.094-25. (b)(3)(iii) For otto-cycle heavy-duty engines, the adjustment, cleaning, repair, or replacement of the items listed in paragraphs (b)(3)(iii) (A)-(E) of this section shall occur at 50,000 miles (or 1,500 hours) of use and at 50,000-mile (or 1,500-hour) intervals thereafter. (A) Crankcase ventilation valves and filters. (B) Emission-related hoses and tubes. (C) Ignition wires. (D) Idle mixture. (E) Exhaust gas recirculation system related filters and coolers. (iv) For otto-cycle light-duty vehicles, light-duty trucks and otto-cycle heavy-duty engines, the adjustment, cleaning, repair, or replacement of the oxygen sensor shall occur at 80,000 miles (or 2,400 hours) of use and at 80,000-mile (or 2,400-hour) intervals thereafter. (v) For otto-cycle heavy-duty engines, the adjustment, cleaning, repair, or replacement of the items listed in paragraphs (b)(3)(v) (A)-(H) of this section shall occur at 100,000 miles (or 3,000 hours) of use and at 100,000-mile (or 3,000-hour) intervals thereafter. (A) Catalytic converter. (B) Air injection system components. (C) Fuel injectors. (D) Electronic engine control unit and its associated sensors (except ox… | |||
| 40:40:22.0.1.1.2.1.1.15 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.004-26 Mileage and service accumulation; emission measurements. | EPA | [65 FR 59947, Oct. 6, 2000, as amended at 70 FR 40432, July 13, 2005; 79 FR 23688, Apr. 28, 2014] | (a)-(b) [Reserved] (c)(1) Paragraph (c) of this section applies to heavy-duty engines. (2) Two types of service accumulation are applicable to heavy-duty engines, as described in paragraphs (c)(2)(i) and (ii) of this section. For Otto-cycle heavy-duty engines exhaust emissions, the service accumulation method used by a manufacturer must be designed to effectively predict the deterioration of emissions in actual use over the full useful life of the of the candidate in-use vehicles and must cover the breadth of the manufacturer's product line that will be covered by the durability procedure. Manufacturers not selecting Options 1 or 2 described in § 86.005-10(f) may certify Otto-cycle engines using the provisions contained in § 86.094-26(c)(2) rather than those contained in this paragraph (c)(2) for 2004 model year engine families certified using carry-over durability data, except for those engines used for early credit banking as allowed in § 86.000-15(k). (i) Service accumulation on engines, subsystems, or components selected by the manufacturer under § 86.094-24(c)(3)(i). The manufacturer determines the form and extent of this service accumulation, consistent with good engineering practice, and describes it in the application for certification. (ii) Dynamometer service accumulation on emission data engines selected under § 86.094-24(b)(2) or (3). The manufacturer determines the engine operating schedule to be used for dynamometer service accumulation, consistent with good engineering practice. A single engine operating schedule shall be used for all engines in an engine family-control system combination. Operating schedules may be different for different combinations. (3) Exhaust emission deterioration factors will be determined on the basis of the service accumulation described in § 86.000-26(b)(2)(i) and related testing, according to the manufacturer's procedures. (4) The manufacturer shall determine, for each engine family, the number of hours at which the engine system combination is stabilized for emis… | |||
| 40:40:22.0.1.1.2.1.1.16 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.004-28 Compliance with emission standards. | EPA | [61 FR 54890, Oct. 22, 1996, as amended at 62 FR 54726, Oct. 21, 1997; 65 FR 59948, Oct. 6, 2000; 66 FR 5159, Jan. 18, 2001; 71 FR 31486, Aug. 30, 2006; 77 FR 34145, June 8, 2012; 79 FR 23688, Apr. 28, 2014; 81 FR 73974, Oct. 25, 2016] | (a)-(b) [Reserved] (c)(1) Paragraph (c) of this section applies to heavy-duty engines. (2) The applicable exhaust emission standards (or family emission limits, as appropriate) for Otto-cycle engines and for diesel-cycle engines apply to the emissions of engines for their useful life. (3) Since emission control efficiency generally decreases with the accumulation of service on the engine, deterioration factors will be used in combination with emission data engine test results as the basis for determining compliance with the standards. (4)(i) Paragraph (c)(4) of this section describes the procedure for determining compliance of an engine with emission standards (or family emission limits, as appropriate), based on deterioration factors supplied by the manufacturer. Deterioration factors shall be established using applicable emissions test procedures. NO X plus NMHC deterioration factors shall be established based on the sum of the pollutants. When establishing deterioration factors for NO X plus NMHC, a negative deterioration (emissions decrease from the official exhaust emissions test result) for one pollutant may not offset deterioration of the other pollutant. Where negative deterioration occurs for NO X and/or NMHC, the official exhaust emission test result shall be used for purposes of determining the NO X plus NMHC deterioration factor. (ii) Separate exhaust emission deterioration factors, determined from tests of engines, subsystems, or components conducted by the manufacturer, shall be supplied for each engine-system combination. For Otto-cycle engines, separate factors shall be established for transient NMHC (NMHCE), CO, NO X . NO X plus NMHC, and idle CO, for those engines utilizing aftertreatment technology (e.g., catalytic converters). For diesel-cycle engines, separate factors shall be established for transient NMHC (NMHCE), CO, NO X . NO X plus NMHC and exhaust particulate. For diesel-cycle smoke testing, separate factors shall also be established for the acceleration mode (designated as “… | |||
| 40:40:22.0.1.1.2.1.1.17 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.004-38 Maintenance instructions. | EPA | [62 FR 54728, Oct. 21, 1997, as amended at 68 FR 38455, June 27, 2003; 79 FR 23688, Apr. 28, 2014] | (a) The manufacturer shall furnish or cause to be furnished to the purchaser of each new motor vehicle (or motor vehicle engine) subject to the standards prescribed in § 86.099-8, § 86.004-9, § 86.004-10, or § 86.004-11, as applicable, written instructions for the proper maintenance and use of the vehicle (or engine), by the purchaser consistent with the provisions of § 86.004-25, which establishes what scheduled maintenance the Administrator approves as being reasonable and necessary. (1) The maintenance instructions required by this section shall be in clear, and to the extent practicable, nontechnical language. (2) The maintenance instructions required by this section shall contain a general description of the documentation which the manufacturer will require from the ultimate purchaser or any subsequent purchaser as evidence of compliance with the instructions. (b) Instructions provided to purchasers under paragraph (a) of this section shall specify the performance of all scheduled maintenance performed by the manufacturer on certification durability vehicles and, in cases where the manufacturer performs less maintenance on certification durability vehicles than the allowed limit, may specify the performance of any scheduled maintenance allowed under § 86.004-25. (c) Scheduled emission-related maintenance in addition to that performed under § 86.004-25(b) may only be recommended to offset the effects of abnormal in-use operating conditions, except as provided in paragraph (d) of this section. The manufacturer shall be required to demonstrate, subject to the approval of the Administrator, that such maintenance is reasonable and technologically necessary to assure the proper functioning of the emission control system. Such additional recommended maintenance shall be clearly differentiated, in a form approved by the Administrator, from that approved under § 86.004-25(b). (d) Inspections of emission-related parts or systems with instructions to replace, repair, clean, or adjust the parts or systems if necess… | |||
| 40:40:22.0.1.1.2.1.1.18 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.004-40 Heavy-duty engine rebuilding practices. | EPA | [62 FR 54729, Oct. 21, 1997, as amended at 66 FR 5160, Jan. 18, 2001] | The provisions of this section are applicable to heavy-duty engines subject to model year 2004 or later standards and are applicable to the process of engine rebuilding (or rebuilding a portion of an engine or engine system). The process of engine rebuilding generally includes disassembly, replacement of multiple parts due to wear, and reassembly, and also may include the removal of the engine from the vehicle and other acts associated with rebuilding an engine. Any deviation from the provisions contained in this section is a prohibited act under section 203(a)(3) of the Clean Air Act (42 U.S.C. 7522(a)(3)). (a) When rebuilding an engine, portions of an engine, or an engine system, there must be a reasonable technical basis for knowing that the resultant engine is equivalent, from an emissions standpoint, to a certified configuration (i.e., tolerances, calibrations, specifications) and the model year(s) of the resulting engine configuration must be identified. A reasonable basis would exist if: (1) Parts installed, whether the parts are new, used, or rebuilt, are such that a person familiar with the design and function of motor vehicle engines would reasonably believe that the parts perform the same function with respect to emissions control as the original parts; and (2) Any parameter adjustment or design element change is made only: (i) In accordance with the original engine manufacturer's instructions; or (ii) Where data or other reasonable technical basis exists that such parameter adjustment or design element change, when performed on the engine or similar engines, is not expected to adversely affect in-use emissions. (b) When an engine is being rebuilt and remains installed or is reinstalled in the same vehicle, it must be rebuilt to a configuration of the same or later model year as the original engine. When an engine is being replaced, the replacement engine must be an engine of (or rebuilt to) a configuration of the same or later model year as the original engine. (c) At time of rebuild, emissions… | |||
| 40:40:22.0.1.1.2.1.1.19 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.005-1 General applicability. | EPA | [65 FR 59949, Oct. 6, 2000] | Section 86.005-1 includes text that specifies requirements that differ from § 86.001-1. Where a paragraph in § 86.001-1 is identical and applicable to § 86.005-1, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.001-1.”. (a) Applicability. The provisions of this subpart generally apply to 2005 and later model year new Otto-cycle heavy-duty engines used in incomplete vehicles and vehicles above 14,000 pounds GVWR and 2005 and later model year new diesel-cycle heavy-duty engines. In cases where a provision applies only to a certain vehicle group based on its model year, vehicle class, motor fuel, engine type, or other distinguishing characteristics, the limited applicability is cited in the appropriate section or paragraph. The provisions of this subpart continue to generally apply to 2000 and earlier model year new Otto-cycle and diesel-cycle light-duty vehicles, 2000 and earlier model year new Otto-cycle and diesel-cycle light-duty trucks, and 2004 and earlier model year new Otto-cycle complete heavy-duty vehicles at or below 14,000 pounds GVWR. Provisions generally applicable to 2001 and later model year new Otto-cycle and diesel-cycle light-duty vehicles, 2001 and later model year new Otto-cycle and diesel-cycle light-duty trucks, and 2005 and later model year Otto-cycle complete heavy-duty vehicles at or below 14,000 pounds GVWR are located in subpart S of this part. (b) Optional applicability. (1) A manufacturer may request to certify any 2003 or 2004 model year heavy-duty vehicle of 14,000 pounds Gross Vehicle Weight Rating or less in accordance with the light-duty truck provisions located in subpart S of this part. Heavy-duty engine or vehicle provisions of this subpart A do not apply to such a vehicle. This option is not available in the 2003 model year for manufacturers choosing Otto-cycle HDE option 1 in paragraph (c)(1) of this section, or in the 2004 model year for manufacturers choosing Otto-cycle HDE option 2 in paragraph (c)(2… | |||
| 40:40:22.0.1.1.2.1.1.2 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.000-3 Abbreviations. | EPA | [61 FR 54878, Oct. 22, 1996] | The abbreviations in § 86.098-3 continue to apply to 1998 and later model year vehicles. The abbreviations in this section apply beginning with the 2000 model year: A/C—Air conditioning FTP—Federal Test Procedure SFTP—Supplemental Federal Test Procedure WOT—Wide Open Throttle A/C—Air conditioning FTP—Federal Test Procedure SFTP—Supplemental Federal Test Procedure WOT—Wide Open Throttle | |||
| 40:40:22.0.1.1.2.1.1.20 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.005-10 Emission standards for 2005 and later model year Otto-cycle heavy-duty engines and vehicles. | EPA | [65 FR 59950, Oct. 6, 2000, as amended at 66 FR 5160, Jan. 18, 2001; 70 FR 72927, Dec. 8, 2005; 79 FR 23688, Apr. 28, 2014] | Section 86.005-10 includes text that specifies requirements that differ from § 86.099-10. Where a paragraph in § 86.099-10 is identical and applicable to § 86.005-10, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.099-10.” (a)(1) Exhaust emissions from new 2005 and later model year Otto-cycle HDEs, except for Otto-cycle HDEs subject to the alternative standards in paragraph (f) of this section, shall not exceed: (i)(A) Oxides of Nitrogen plus Non-methane Hydrocarbons (NO X + NMHC) for engines fueled with either gasoline, natural gas, or liquefied petroleum gas. 1.0 grams per brake horsepower-hour (0.37 grams per megajoule). (B) Oxides of Nitrogen plus Non-methane Hydrocarbon Equivalent (NO X + NMHCE) for engines fueled with methanol. 1.0 grams per brake horsepower-hour (0.37 grams per megajoule). (C) A manufacturer may elect to include any or all of its Otto-cycle HDE families in any or all of the emissions ABT programs for HDEs, within the restrictions described in § 86.098-15. If the manufacturer elects to include engine families in any of these programs, the NO X plus NMHC (or NO X plus NMHCE for methanol-fueled engines) FELs may not exceed 4.5 grams per brake horsepower-hour (1.7 grams per megajoule). This ceiling value applies whether credits for the family are derived from averaging, banking, or trading programs. (ii)(A) Carbon monoxide for engines intended for use in all vehicles, except as provided in paragraph (a)(3) of this section. 14.4 grams per brake horsepower-hour (5.36 grams per megajoule), as measured under transient operating conditions. (B) Carbon monoxide for engines intended for use only in vehicles with a Gross Vehicle Weight Rating of greater than 14,000 pounds. 37.1 grams per brake horsepower-hour (13.8 grams per megajoule), as measured under transient operating conditions. (C) Idle carbon monoxide. For all Otto-cycle HDEs utilizing aftertreatment technology, and not certified to the onboard diag… | |||
| 40:40:22.0.1.1.2.1.1.21 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.007-11 Emission standards and supplemental requirements for 2007 and later model year diesel heavy-duty engines and vehicles. | EPA | [65 FR 59954, Oct. 6, 2000, as amended at 66 FR 5161, Jan. 18, 2001; 70 FR 34619, June 14, 2005; 70 FR 40432, July 13, 2005; 71 FR 51486, Aug. 30, 2006; 73 FR 37192, June 30, 2008; 81 FR 73974, Oct. 25, 2016; 88 FR 4473, Jan. 24, 2023] | This section applies to new 2007 and later model year diesel heavy-duty engines and vehicles. Starting in model year 2021, this section also applies to all heavy HDE, regardless of fuel or combustion cycle (see 40 CFR 1036.140(a) and 1036.150(c)). Section 86.007-11 includes text that specifies requirements that differ from § 86.004-11. Where a paragraph in § 86.004-11 is identical and applicable to § 86.007-11, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.004-11.” (a)(1) Exhaust emissions from new 2007 and later model year diesel HDEs shall not exceed the following: (i) Oxides of Nitrogen (NO X ). (A) 0.20 grams per brake horsepower-hour (0.075 grams per megajoule). (B) A manufacturer may elect to include any or all of its diesel HDE families in any or all of the NO X and NO X plus NMHC emissions ABT programs for HDEs, within the restrictions described in § 86.007-15 or § 86.004-15. If the manufacturer elects to include engine families in any of these programs, the NO X FELs may not exceed the following FEL caps: 2.00 grams per brake horsepower-hour (0.75 grams per megajoule) for model years before 2010; 0.50 grams per brake horsepower-hour (0.19 grams per megajoule) for model years 2010 and later. This ceiling value applies whether credits for the family are derived from averaging, banking, or trading programs. (ii)(A) Nonmethane hydrocarbon (NMHC) for engines fueled with diesel fuel. 0.14 grams per brake horsepower-hour (0.052 grams per megajoule). (B) Nonmethane-nonethane hydrocarbon (NMNEHC) for engines fueled with natural gas or liquefied petroleum gas. 0.14 grams per brake horsepower-hour (0.052 grams per megajoule). (C) Nonmethane hydrocarbon equivalent (NMHCE) for engines fueled with methanol. 0.14 grams per brake horsepower-hour (0.052 grams per megajoule). (iii) Carbon monoxide. 15.5 grams per brake horsepower-hour (5.77 grams per megajoule). (iv) Particulate. (A) 0.01 grams per brake horsepower-hour (0.0037 g… | |||
| 40:40:22.0.1.1.2.1.1.22 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.007-15 NO | EPA | [66 FR 5163, Jan. 18, 2001] | Section 86.007-15 includes text that specifies requirements that differ from § 86.004-15. Where a paragraph in § 86.004-15 is identical and applicable to § 86.007-15, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.004-15.” (a)-(l) [Reserved]. For guidance see § 86.004-15. (m) The following provisions apply for model year 2007 and later engines (including engines certified during years 2007-2009 under the phase-in provisions of § 86.007-11(g)(1), § 86.005-10(a), or § 86.008-10(f)(1)). These provisions apply instead of the provisions of paragraphs § 86.004-15 (a) through (k) to the extent that they are in conflict. (1) Manufacturers of Otto-cycle engines may participate in an NMHC averaging, banking and trading program to show compliance with the standards specified in § 86.008-10. The generation and use of NMHC credits are subject to the same provisions in paragraphs § 86.004-15 (a) through (k) that apply for NO X plus NMHC credits, except as otherwise specified in this section. (2) Credits are calculated as NO X or NMHC credits for engines certified to separate NO X and NMHC standards. NO X plus NMHC credits (including banked credits and credits that are generated during years 2007-2009 under the phase-in provisions of § 86.007-11(g)(1), § 86.005-10(a), or § 86.008-10(f)(1)) may be used to show compliance with 2007 or later NO X standards (NO X or NMHC standards for Otto-cycle engines), subject to an 0.8 discount factor (e.g., 100 grams of NO X plus NMHC credits is equivalent to 80 grams of NO X credits). (3) NO X or NMHC (or NO X plus NMHC) credits may be exchanged between heavy-duty Otto-cycle engine families certified to the engine standards of this subpart and heavy-duty Otto-cycle engine families certified to the chassis standards of subpart S of this part, subject to an 0.8 discount factor (e.g., 100 grams of NO X (or NO X plus NMHC) credits generated from engines would be equivalent to 80 grams of NO X credits if they a… | |||
| 40:40:22.0.1.1.2.1.1.23 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.007-17 Onboard diagnostics for engines used in applications less than or equal to 14,000 pounds GVWR. | EPA | [79 FR 23688, Apr. 28, 2014] | Heavy-duty engines intended to be installed in heavy duty vehicles at or below 14,000 pounds GVWR that are subject to standards under this subpart must meet onboard diagnostic requirements as specified in § 86.1806. | |||
| 40:40:22.0.1.1.2.1.1.24 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.007-21 Application for certification. | EPA | [65 FR 59954, Oct. 6, 2000, as amended at 70 FR 40433, July 13, 2005; 71 FR 51487, Aug. 30, 2006; 79 FR 23689, Apr. 28, 2014] | Section 86.007-21 includes text that specifies requirements that differ from § 86.004-21, 86.094-21 or 86.096-21. Where a paragraph in § 86.004-21, 86.094-21 or 86.096-21 is identical and applicable to § 86.007-21, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.004-21.”, “[Reserved]. For guidance see § 86.094-21.”, or “[Reserved]. For guidance see § 86.096-21.”. (a)-(b)(3) [Reserved]. For guidance see § 86.094-21. (b)(4)(i) [Reserved] (b)(4)(ii)-(b)(5)(iv) [Reserved]. For guidance see § 86.094-21. (b)(5)(v)-(b)(6) [Reserved]. For guidance see § 86.004-21. (b)(7)-(b)(8) [Reserved]. For guidance see § 86.094-21. (c)-(j) [Reserved]. For guidance see § 86.094-21. (k)-(l) [Reserved] (m)-(n) [Reserved]. For guidance see § 86.004-21. (o) For diesel heavy-duty engines, the manufacturer must provide the following additional information pertaining to the supplemental emission test conducted under § 86.1360-2007: (1) Weighted brake-specific emissions data (i.e., in units of g/bhp-hr), calculated according to 40 CFR 1065.650 for all pollutants for which a brake-specific emission standard is established in this subpart; (2) For engines subject to the MAEL (see § 86.007-11(a)(3)(ii)), brake specific gaseous emission data for each of the 12 non-idle test points (identified under § 86.1360-2007(b)(1)) and the 3 EPA-selected test points (identified under § 86.1360-2007(b)(2)); (3) For engines subject to the MAEL (see § 86.007-11(a)(3)(ii)), concentrations and mass flow rates of all regulated gaseous emissions plus carbon dioxide; (4) Values of all emission-related engine control variables at each test point; (5) A statement that the test results correspond to the test engine selection criteria in 40 CFR 1065.401. The manufacturer also must maintain records at the manufacturer's facility which contain all test data, engineering analyses, and other information which provides the basis for this statement, where such information exists. The manufactur… | |||
| 40:40:22.0.1.1.2.1.1.25 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.007-23 Required data. | EPA | [66 FR 5164, Jan. 18, 2001, as amended at 74 FR 56373, Oct. 30, 2009; 78 FR 36388, June 17, 2013; 79 FR 23689, Apr. 28, 2014] | Section 86.007-23 includes text that specifies requirements that differ from § 86.098-23 or § 86.001-23. Where a paragraph in § 86.098-23 or § 86.001-23 is identical and applicable to § 86.007-23, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.098-23.” or “[Reserved]. For guidance see § 86.001-23.”. (a)-(b)(1) [Reserved]. For guidance see § 86.098-23. (b)(2) [Reserved] (b)(3) and (b)(4) [Reserved]. For guidance see § 86.098-23. (c) Emission data from c ertification vehicles and engines. The manufacturer shall submit emission data for each applicable emission standard from vehicles and engines tested in accordance with applicable test procedures and in such numbers as specified. These data shall include zero-mile or zero-hour data, if generated, and emission data generated for certification as required under § 86.004-26. However, manufacturers may provide a statement in the application for certification that vehicles and engines comply with the following standards instead of submitting test data, provided that the statement is supported by previous emission tests, development tests, or other appropriate information, and good engineering judgment: (1) Idle CO, smoke, or particulate matter emissions from methanol-fueled or gaseous-fueled diesel-cycle certification engines. (2) Particulate matter emissions from Otto-cycle certification engines or gaseous-fueled certification engines. (3) CO emissions from diesel-cycle certification engines. (4) Formaldehyde emissions from petroleum-fueled engines. (5) Particulate matter and formaldehyde emissions when conducting Selective Enforcement Audit testing of Otto-cycle engines. (6) Smoke from methanol-fueled or petroleum-fueled diesel-cycle certification engines. (7) Smoke when conducting Selective Enforcement Audit testing of diesel-cycle engines. (8) Evaporative emissions from vehicles fueled by natural gas, liquefied petroleum gas, or hydrogen. (d)-(e)(1) [Reserved]. For guidance see § 8… | |||
| 40:40:22.0.1.1.2.1.1.26 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.007-30 Certification. | EPA | [74 FR 8360, Feb. 24, 2009, as amended at 79 FR 23689, Apr. 28, 2014; 81 FR 73975, Oct. 25, 2016] | (a)(1)(i) If, after a review of the test reports and data submitted by the manufacturer, data derived from any inspection carried out under § 86.091-7(c) and any other pertinent data or information, the Administrator determines that a test vehicle(s) (or test engine(s)) meets the requirements of the Act and of this subpart, he will issue a certificate of conformity with respect to such vehicle(s) (or engine(s)) except in cases covered by paragraphs (a)(1)(ii) and (c) of this section. (ii) Gasoline-fueled and methanol-fueled heavy-duty vehicles. If, after a review of the statement(s) of compliance submitted by the manufacturer under § 86.094-23(b)(4) and any other pertinent data or information, the Administrator determines that the requirements of the Act and this subpart have been met, he will issue one certificate of conformity per manufacturer with respect to the evaporative emission family(ies) covered by paragraph (c) of this section. (2) Such certificate will be issued for such period not to exceed one model year as the Administrator may determine and upon such terms as he may deem necessary or appropriate to assure that any new motor vehicle (or new motor vehicle engine) covered by the certificate will meet the requirements of the Act and of this part. (3)(i) One such certificate will be issued for each engine family. For gasoline-fueled and methanol-fueled light-duty vehicles and light-duty trucks, and petroleum-fueled diesel cycle light-duty vehicles and light-duty trucks not certified under § 86.098-28(g), one such certificate will be issued for each engine family-evaporative/refueling emission family combination. Each certificate will certify compliance with no more than one set of in-use and certification standards (or family emission limits, as appropriate). (ii) For gasoline-fueled and methanol fueled heavy-duty vehicles, one such certificate will be issued for each manufacturer and will certify compliance for those vehicles previously identified in that manufacturer's statement(s) of complianc… | |||
| 40:40:22.0.1.1.2.1.1.27 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.008-10 Emission standards for 2008 and later model year Otto-cycle heavy-duty engines and vehicles. | EPA | [66 FR 5165, Jan. 18, 2001, as amended at 75 FR 22978, Apr. 30, 2010; 79 FR 23689, Apr. 28, 2014; 81 FR 73975, Oct. 25, 2016; 88 FR 4474, Jan. 24, 2023] | This section applies to new 2008 and later model year Otto-cycle heavy-duty engines and vehicles. Starting in model year 2021, this section applies to light HDE and medium HDE, but it no longer applies to heavy HDE (see 40 CFR 1036.140(a) and 1036.150(c)). (a)(1) Exhaust emissions from new 2008 and later model year Otto-cycle HDEs shall not exceed: (i)(A) Oxides of Nitrogen (NO X ). 0.20 grams per brake horsepower-hour (0.075 grams per megajoule). (B) A manufacturer may elect to include any or all of its Otto-cycle HDE families in any or all of the NO X and NO X plus NMHC emissions ABT programs for HDEs, within the restrictions described in § 86.008-15 or § 86.004-15. If the manufacturer elects to include engine families in any of these programs, the NO X FEL may not exceed 0.50 grams per brake horsepower-hour (0.26 grams per megajoule). This ceiling value applies whether credits for the family are derived from averaging, banking, or trading programs. The NO X FEL cap is 0.80 for model years before 2011 for manufacturers choosing to certify to the 1.5 g/bhp-hr NO X + NMHC standard in 2003 or 2004, in accordance with § 86.005-10(f). (ii)(A) Nonmethane hydrocarbon (NMHC) for engines fueled with gasoline. 0.14 grams per brake horsepower-hour (0.052 grams per megajoule). (B) Nonmethane-nonethane hydrocarbon (NMNEHC) for engines fueled with natural gas or liquefied petroleum gas. 0.14 grams per brake horsepower-hour (0.052 grams per megajoule). (C) Nonmethane hydrocarbon equivalent (NMHCE) for engines fueled with methanol. 0.14 grams per brake horsepower-hour (0.052 grams per megajoule). (D) A manufacturer may elect to include any or all of its Otto-cycle HDE families in any or all of the hydrocarbon emission ABT programs for HDEs, within the restrictions described in § 86.007-15 or § 86.004-15. If the manufacturer elects to include engine families in any of these programs, the hydrocarbon FEL may not exceed 0.30 grams per brake horsepower-hour. This ceiling value applies whether credits for the fa… | |||
| 40:40:22.0.1.1.2.1.1.28 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.010-2 Definitions. | EPA | [74 FR 8369, Feb. 24, 2009] | The definitions of § 86.004-2 continue to apply to 2004 and later model year vehicles. The definitions listed in this section apply beginning with the 2010 model year. DTC means diagnostic trouble code. Engine or engine system as used in §§ 86.007-17, 86.007-30, 86.010-18, and 86.010-38 means the engine, fuel system, induction system, aftertreatment system, and everything that makes up the system for which an engine manufacturer has received a certificate of conformity. Engine start as used in § 86.010-18 means the point when the engine reaches a speed 150 rpm below the normal, warmed-up idle speed (as determined in the drive position for vehicles equipped with an automatic transmission). For hybrid vehicles or for engines employing alternative engine start hardware or strategies (e.g., integrated starter and generators.), the manufacturer may use an alternative definition for engine start (e.g., key-on) provided the alternative definition is based on equivalence to an engine start for a conventional vehicle. Functional check , in the context of onboard diagnostics, means verifying that a component and/or system that receives information from a control computer responds properly to a command from the control computer. Ignition cycle as used in § 86.010-18 means a cycle that begins with engine start, meets the engine start definition for at least two seconds plus or minus one second, and ends with engine shutoff. Limp-home operation as used in § 86.010-18 means an operating mode that an engine is designed to enter upon determining that normal operation cannot be maintained. In general, limp-home operation implies that a component or system is not operating properly or is believed to be not operating properly. Malfunction means the conditions have been met that require the activation of an OBD malfunction indicator light and storage of a DTC. MIL-on DTC means the diagnostic trouble code stored when an OBD system has detected and confirmed that a malfunction exists (e.g., typically on the second drive… | |||
| 40:40:22.0.1.1.2.1.1.29 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.010-18 On-board Diagnostics for engines used in applications greater than 14,000 pounds GVWR. | EPA | [74 FR 8369, Feb. 24, 2009, as amended at 76 FR 57374, Sept. 15, 2011; 78 FR 36388, June 17, 2013; 86 FR 34364, June 29, 2021; 88 FR 4474, Jan. 24, 2023] | (a) General. Heavy-duty engines intended for use in a heavy-duty vehicle weighing more than 14,000 pounds GVWR must be equipped with an on-board diagnostic (OBD) system capable of monitoring all emission-related engine systems or components during the life of the engine. The OBD requirements of 40 CFR 1036.110 apply starting in model year 2027. In earlier model years, manufacturers may meet the requirements of this section or the requirements of 40 CFR 1036.110. Note that 40 CFR 1036.150(v) allows for an alternative communication protocol before model year 2027. The OBD system is required to detect all malfunctions specified in paragraphs (g), (h), and (i) of this section even though the OBD system is not required to use a unique monitor to detect each of those malfunctions. (1) When the OBD system detects a malfunction, it must store a pending, a MIL-on, or a previous-MIL-on diagnostic trouble code (DTC) in the onboard computer's memory. A malfunction indicator light (MIL) must also be activated as specified in paragraph (b) of this section. (2) Data link connector. (i) For model years 2010 through 2012, the OBD system must be equipped with a data link connector to provide access to the stored DTCs as specified in paragraph (k)(2) of this section. (ii) For model years 2013 and later, the OBD system must be equipped with a standardized data link connector to provide access to the stored DTCs as specified in paragraph (k)(2) of this section. (3) The OBD system cannot be programmed or otherwise designed to deactivate based on age and/or mileage. This requirement does not alter existing law and enforcement practice regarding a manufacturer's liability for an engine beyond its regulatory useful life, except where an engine has been programmed or otherwise designed so that an OBD system deactivates based on age and/or mileage of the engine. (4) Drive cycle or driving cycle , in the context of this § 86.010-18, means operation that meets any of the conditions of paragraphs (a)(4)(i) through (a)(4)(iv) of this… | |||
| 40:40:22.0.1.1.2.1.1.3 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.000-7 Maintenance of records; submittal of information; right of entry. | EPA | [61 FR 54878, Oct. 22, 1996, as amended at 79 FR 23687, Apr. 28, 2014] | Section 86.000-7 includes text that specifies requirements that differ from § 86.091-7 or § 86.094-7. Where a paragraph in § 86.091-7 or § 86.094-7 is identical and applicable to § 86.000-7, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.091-7.” or “[Reserved]. For guidance see § 86.094-7.” (a) introductory text through (a)(2) [Reserved]. For guidance see § 86.091-7. (a)(3) [Reserved]. For guidance see § 86.094-7. (b)-(c)(2) [Reserved]. For guidance see § 86.091-7. (c)(3) [Reserved]. For guidance see § 86.094-7. (c)(4)-(d)(1)(v) [Reserved]. For guidance see § 86.091-7. (d)(1)(vi)-(d)(2)(iv) [Reserved]. For guidance see § 86.094-7. (d)(3)-(g) [Reserved]. For guidance see § 86.091-7. (h)(1) [Reserved] (h)(2)-(h)(5) [Reserved]. For guidance see § 86.094-7. (6) EPA may void ab initio a certificate for a vehicle certified to Tier 1 certification standards or to the respective evaporative and/or refueling test procedure and accompanying evaporative and/or refueling standards as set forth or otherwise referenced in § 86.098-10 for which the manufacturer fails to retain the records required in this section or to provide such information to the Administrator upon request. | |||
| 40:40:22.0.1.1.2.1.1.30 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.010-38 Maintenance instructions. | EPA | [74 FR 8408, Feb. 24, 2009, as amended at 75 FR 22978, Apr. 30, 2010; 79 FR 23689, Apr. 28, 2014] | (a) The manufacturer shall furnish or cause to be furnished to the purchaser of each new motor vehicle (or motor vehicle engine) subject to the standards prescribed in § 86.099-8, § 86.004-9, § 86.004-10, or § 86.004-11, as applicable, written instructions for the proper maintenance and use of the vehicle (or engine), by the purchaser consistent with the provisions of § 86.004-25, which establishes what scheduled maintenance the Administrator approves as being reasonable and necessary. (1) The maintenance instructions required by this section shall be in clear, and to the extent practicable, nontechnical language. (2) The maintenance instructions required by this section shall contain a general description of the documentation which the manufacturer will require from the ultimate purchaser or any subsequent purchaser as evidence of compliance with the instructions. (b) Instructions provided to purchasers under paragraph (a) of this section shall specify the performance of all scheduled maintenance performed by the manufacturer on certification durability vehicles and, in cases where the manufacturer performs less maintenance on certification durability vehicles than the allowed limit, may specify the performance of any scheduled maintenance allowed under § 86.004-25. (c) Scheduled emission-related maintenance in addition to that performed under § 86.004-25(b) may only be recommended to offset the effects of abnormal in-use operating conditions, except as provided in paragraph (d) of this section. The manufacturer shall be required to demonstrate, subject to the approval of the Administrator, that such maintenance is reasonable and technologically necessary to assure the proper functioning of the emission control system. Such additional recommended maintenance shall be clearly differentiated, in a form approved by the Administrator, from that approved under § 86.004-25(b). (d) Inspections of emission-related parts or systems with instructions to replace, repair, clean, or adjust the parts or systems if necess… | |||
| 40:40:22.0.1.1.2.1.1.31 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.012-2 Definitions. | EPA | [76 FR 57375, Sept. 15, 2011] | The definitions of § 86.010-2 continue to apply to model year 2010 and later model year vehicles. The definitions listed in this section apply beginning with model year 2012. Urban bus means a passenger-carrying vehicle with a load capacity of fifteen or more passengers and intended primarily for intracity operation, i.e. , within the confines of a city or greater metropolitan area. Urban bus operation is characterized by short rides and frequent stops. To facilitate this type of operation, more than one set of quick-operating entrance and exit doors would normally be installed. Since fares are usually paid in cash or tokens, rather than purchased in advance in the form of tickets, urban buses would normally have equipment installed for collection of fares. Urban buses are also typically characterized by the absence of equipment and facilities for long distance travel, e.g. , rest rooms, large luggage compartments, and facilities for stowing carry-on luggage. | |||
| 40:40:22.0.1.1.2.1.1.32 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.016-1 General applicability. | EPA | [76 FR 57375, Sept. 15, 2011, as amended at 79 FR 23690, Apr. 28, 2014; 81 FR 73975, Oct. 25, 2016; 88 FR 4474, Jan. 24, 2023] | (a) Applicability. The provisions of this subpart apply for certain types of new heavy-duty engines and vehicles as described in this section. As described in paragraph (j) of this section, most of this subpart no longer applies starting with model year 2027. Note that this subpart does not apply for light-duty vehicles, light-duty trucks, medium-duty passenger vehicles, or vehicles at or below 14,000 pounds GVWR that have no propulsion engine, such as electric vehicles; see subpart S of this part for requirements that apply for those vehicles. In some cases, manufacturers of heavy-duty engines and vehicles can choose to meet the requirements of this subpart or the requirements of subpart S of this part; those provisions are therefore considered optional, but only to the extent that manufacturers comply with the other set of requirements. In cases where a provision applies only for 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. The provisions of this subpart apply for certain heavy-duty engines and vehicles as follows: (1) The provisions of this subpart related to exhaust emission standards apply for diesel-cycle and Otto-cycle heavy-duty engines installed in vehicles above 14,000 pounds GVWR; however, these vehicles may instead be certified under subpart S of this part in certain circumstances as specified in § 86.1801. (2) The provisions of this subpart related to exhaust emission standards apply for engines that will be installed in incomplete heavy-duty vehicles at or below 14,000 pounds GVWR; however, these vehicles may instead be certified under subpart S of this part as specified in § 86.1801. (3) Diesel-cycle and Otto-cycle complete heavy-duty vehicles at or below 14,000 pounds GVWR and the corresponding engines are not subject to the provisions of this subpart related to exhaust emission standards, except that these provisions are optional for diesel-cycle… | |||
| 40:40:22.0.1.1.2.1.1.33 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.078-3 Abbreviations. | EPA | [42 FR 32907, June 28, 1977, as amended at 45 FR 4149, Jan. 21, 1980; 74 FR 56373, Oct. 30, 2009] | The abbreviations in this section apply to this subpart and also to subparts B, D, H, I, J, N, O and P of this part and have the following meanings: accel.—acceleration. AECD—Auxiliary emission control device. API—American Petroleum Institute. ASTM—American Society for Testing and Materials. BHP—Brake horsepower. BSCO—Brake specific carbon monoxide. BSHC—Brake specific hydrocarbons. BSNO X —Brake specific oxides of nitrogen. C—Celsius. cfh—cubic feet per hour. CFV—Critical flow venturi. CFV-CVS—Critical flow venturi—constant volume sampler. CH 4 methane. CL—Chemiluminescence. CO 2 —carbon dioxide. CO—Carbon monoxide. conc.—concentration. cfm—cubic feet per minute. CT—Closed throttle. cu. in.—cubic inch(es). CVS—Constant volume sampler. decel.—deceleration. EP—End point. evap.—evaporative. F—Fahrenheit. FID—Flame ionization detector. FL—Full load. ft.—feet. g—gram(s). gal.—U.S. gallon(s). GVW—Gross vehicle weight. GVWR—Gross vehicle weight rating. h—hour(s). H 2 O—water. HC—hydrocarbon(s). HFID—Heated flame ionization detector. Hg—mercury. hi—high. hp.—horsepower. IBP—Initial boiling point. ID—Internal diameter. in.—inch(es). K—kelvin. kg—kilogram(s). km—kilometer(s). kPa—kilopascal(s). lb.—pound(s). lb.-ft.—pound-feet. m—meter(s). max.—maximum. mg—milligram(s). mi.—mile(s). min.—minute(s). ml—milliliter(s). mm—millimeter(s). mph—miles per hour. mv—millivolt(s). N 2 —nitrogen. NDIR—Nondispersive infrared. NO—nitric oxide. NO 2 —nitrogen dioxide. N 2 O nitrous oxide. NO X —oxides of nitrogen. No.—Number. O 2 —oxygen. Pb—lead. pct.—percent. PDP-CVS—Positive displacement pump—constant volume sampler. ppm—parts per million by volume. ppm C—parts per million, carbon. psi—pounds per square inch. psig—pounds per square inch gauge. PTA—Part throttle acceleration. PTD—Part throttle deceleration. R—Rank… | |||
| 40:40:22.0.1.1.2.1.1.34 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.078-6 Hearings on certification. | EPA | [81 FR 73975, Oct. 25, 2016] | If a manufacturer's request for a hearing is approved, EPA will follow the hearing procedures specified in 40 CFR part 1068, subpart G. | |||
| 40:40:22.0.1.1.2.1.1.35 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.079-31 Separate certification. | EPA | [42 FR 45149, Sept. 8, 1977] | Where possible a manufacturer should include in a single application for certification all vehicles (or engines) for which certification is required. A manufacturer may, however, choose to apply separately for certification of part of his product line. The selection of test vehicles (or test engines) and the computation of test results will be determined separately for each application. | |||
| 40:40:22.0.1.1.2.1.1.36 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.079-32 Addition of a vehicle or engine after certification. | EPA | [42 FR 45149, Sept. 8, 1977] | (a) If a manufacturer proposes to add to his product line a vehicle (or engine) of the same engine-system combination as vehicles (or engines) previously certified but which was not described in the application for certification when the test vehicle(s) (or test engine(s)) representing other vehicles (or engines) of that combination was certified, he shall notify the Administrator. Such notification shall be in advance of the addition unless the manufacturer elects to follow the procedure described in § 86.079-34. This notification shall include a full description of the vehicle (or engine) to be added. (b) The Administrator may require the manufacturer to perform such tests on the test vehicle(s) (or test engine(s)) representing the vehicle (or engine) to be added which would have been required if the vehicle (or engine) had been included in the original application for certification. (c) If, after a review of the test reports and data submitted by the manufacturer, and data derived from any testing conducted under § 86.079-29, the Administrator determines that the test vehicle(s) or test engine(s) meets all applicable standards, the appropriate certificate will be amended accordingly. If the Administrator determines that the test vehicle(s) (or test engine(s)) does not meet applicable standards, he will proceed under § 86.079-30(b). | |||
| 40:40:22.0.1.1.2.1.1.37 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.079-33 Changes to a vehicle or engine covered by certification. | EPA | [42 FR 45149, Sept. 8, 1977] | (a) The manufacturer shall notify the Administrator of any change in production vehicles (or production engines) in respect to any of the parameters listed in § 86.079-24(a)(3), § 86.079-24(b)(1)(iii), § 86.079-24(b)(2) (iii) or § 86.079-24(b)(3)(iii) as applicable, giving a full description of the change. Such notification shall be in advance of the change unless the manufacturer elects to follow the procedure described in § 86.079-34. (b) Based upon the description of the change, and data derived from such testing as the Administrator may require or conduct. The Administrator will determine whether the vehicle (or engine), as modified, would still be covered by the certificate of conformity then in effect. (c) If the Administrator determines that the outstanding certificate would cover the modified vehicles (or engines) he will notify the manufacturer in writing. Except as provided in § 86.079-34 the change may not be put into effect prior to the manufacturer's receiving this notification. If the Administrator determines that the modified vehicles (or engines) would not be covered by the certificate then in effect, the modified vehicles (or engines) shall be treated as additions to the product line subject to § 86.079-32. | |||
| 40:40:22.0.1.1.2.1.1.38 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.079-39 Submission of maintenance instructions. | EPA | [42 FR 45151, Sept. 8, 1977] | (a) The manufacturer shall provide to the Administrator, no later than the time of the submission required by § 86.079-23, a copy of the maintenance instructions which the manufacturer proposes to supply to the ultimate purchaser in accordance with § 86.079-38(a). The Administrator will review such instructions to determine whether they are reasonable and necessary to assure the proper functioning of the vehicle's (or engine's) emission control systems. The Administrator will notify the manufacturer of his determination whether such instructions are reasonable and necessary to assure the proper functioning of the emission control systems. (b) Any revision to the maintenance instructions which will affect emissions shall be supplied to the Administrator at least 30 days before being supplied to the ultimate purchaser unless the Administrator consents to a lesser period of time. | |||
| 40:40:22.0.1.1.2.1.1.39 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.080-12 Alternative certification procedures. | EPA | [45 FR 26045, Apr. 17, 1980] | (a)(1) The Administrator will determine which of the following certification procedures (paragraph (a)(3) or (a)(4) of this section) may be used to demonstrate compliance for each heavy-duty engine, light-duty vehicle, and light-duty truck engine family for which certification is sought. (2) The families selected for the procedure described in paragraph (a)(3) of this section will be subject to this procedure at the option of the manufacturer. (3) The following provisions apply to those heavy-duty engine, light-duty vehicle, and light-duty truck engine families which the Administrator has specified may be subject to the abbreviated certification review procedure. (i) The manufacturer shall satisfy all applicable requirements of part 86 necessary to demonstrate compliance with the applicable standards for each class of new motor vehicles or new motor vehicle engines for which certification is sought. (ii) As specifically allowed by the Administrator, the manufacturer shall assume the responsibility for part or all of the decisions applicable to the family for which certification is sought and which are within the jurisdiction of the Administrator, with the exception that the Administrator will determine whether a test vehicle, or test engine, has met the applicable emission standards. (iii) The manufacturer shall maintain, update, and correct all records and information required. (iv) The Administrator may review a manufacturer's records at any time. At the Administrator's discretion, this review may take place either at the manufacturer's facility or at another facility designated by the Administrator. (v) At the Administrator's request, the manufacturer shall notify the Administrator of the status of the certification program including projected schedules of those significant accomplishments specified by the Administrator. (vi) The manufacturer shall permit the Administrator to inspect any facilities, records, and vehicles from which data are obtained under the abbreviated certification review procedure.… | |||
| 40:40:22.0.1.1.2.1.1.4 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.000-24 Test vehicles and engines. | EPA | [61 FR 54882, Oct. 22, 1996, as amended at 79 FR 23687, Apr. 28, 2014] | (a) [Reserved. (b) introductory text [Reserved] (b)(1)(i) Vehicles are chosen to be operated and tested for emission data based upon engine family groupings. Within each engine family, one test vehicle is selected. If air conditioning is projected to be available on any vehicles within the engine family, the Administrator will limit selections to engine codes which have air conditioning available and will require that any vehicle selected under this section has air conditioning installed and operational. The Administrator selects as the test vehicle the vehicle with the heaviest equivalent test weight (including options) within the family which meets the air conditioning eligibility requirement discussed earlier in this section. If more than one vehicle meets this criterion, then within that vehicle grouping, the Administrator selects, in the order listed, the highest road-load power, largest displacement, the transmission with the highest numerical final gear ratio (including overdrive), the highest numerical axle ratio offered in that engine family, and the maximum fuel flow calibration. (ii) The Administrator selects one additional test vehicle from within each engine family. The additional vehicle selected is the vehicle expected to exhibit the highest emissions of those vehicles remaining in the engine family. The selected vehicle will include an air conditioning engine code unless the Administrator chooses a worst vehicle configuration that is not available with air conditioning. If all vehicles within the engine family are similar, the Administrator may waive the requirements of this paragraph. (b)(1)(iii)-(b)(1)(vi) [Reserved] (c)-(f) [Reserved] (g)(1)-(2) [Reserved] (g)(3) Except for air conditioning, where it is expected that 33 percent or less of a carline, within an engine-system combination, will be equipped with an item (whether that item is standard equipment or an option) that can reasonably be expected to influence emissions, that item may not be installed on any emission data vehicle or d… | |||
| 40:40:22.0.1.1.2.1.1.40 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.082-2 Definitions. | EPA | [46 FR 50475, Oct. 13, 1981, as amended at 47 FR 49807, 49808, Nov. 2, 1982; 62 FR 31233, June 6, 1997; 79 FR 23690, Apr. 28, 2014] | (a) The definitions of this section apply to this subpart and also to subparts B, D, I, and R of this part. (b) As used in this subpart, all terms not defined herein shall have the meaning given them in the Act: Accuracy means the difference between a measurement and true value. Act means part A of title II of the Clean Air Act, 42 U.S.C. as amended, 7521, et seq. Administrator means the Administrator of the Environmental Protection Agency or his authorized representative. Auxiliary Emission Control Device (AECD) means any element of design which senses temperature, vehicle speed, engine RPM, transmission gear, manifold vacuum, or any other parameter for the purpose of activating, modulating, delaying, or deactivating the operation of any part of the emission control system. Basic engine means a unique combination of manufacturer, engine displacement, number of cylinders, fuel system (as distinguished by number of carburetor barrels or use of fuel injection), catalyst usage, and other engine and emission control system characteristics specified by the Administrator. Basic vehicle frontal area means the area enclosed by the geometric projection of the basic vehicle along the longitudinal axis, which includes tires but excludes mirrors and air deflectors, onto a plane perpendicular to the longitudinal axis of the vehicle. Body style means a level of commonality in vehicle construction as defined by number of doors and roof treatment (e.g., sedan, convertible, fastback, hatchback). Body type means a name denoting a group of vehicles that are either in the same car line or in different car lines provided the only reason the vehicles qualify to be considered in different car lines is that they are produced by a separate division of a single manufacturer. Calibrating gas means a gas of known concentration which is used to establish the response curve of an analyzer. Calibration means the set of specifications, including tolerances, unique to a particular design, version, or application of a compon… | |||
| 40:40:22.0.1.1.2.1.1.41 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.082-34 Alternative procedure for notification of additions and changes. | EPA | [46 FR 50486, Oct. 13, 1981, as amended at47 FR 49807, Nov. 2, 1982] | (a) A manufacturer may, in lieu of notifying the Administrator in advance of an addition of a vehicle (or engine) under § 86.079-32 or a change in a vehicle (or engine) under § 86.079-33, notify the Administrator concurrently with making an addition of a vehicle or a change in a vehicle, if the manufacturer determines that following the change all vehicles (or engines) effected by the addition or change will still meet the applicable emission standards. Such notification shall include a full description of the addition or change and any supporting documentation the manufacturer may desire to include to support the manufacturer's determination. The manufacturer's determination that the addition or change does not cause noncompliance shall be based on an engineering evaluation of the addition or change and/or testing. (b) The Administrator may require that additional emission testing be performed to support the manufacturers original determination submitted in paragraph (a) of this section. If additional testing is required the Administrator shall proceed as in § 86.079-32 (b) and (c) or § 86.079-33 (b) and (c) as appropriate. Additional test data, if requested, must be provided within 30 days of the request or the manufacturer must rescind the addition or change immediately. The Administrator may grant additional time to complete testing. If based on this additional testing or any other information, the Administrator determines that the vehicles effected by the addition or change do not meet the applicable standards the Administrator will notify the manufacturer to rescind the addition or change immediately upon receipt of the notification. (c) Election to produce vehicles (or engines) under this section will be deemed to be a consent to recall all vehicles (or engines) which the Administrator determines under § 86.079-32(c) do not meet applicable standards, and to cause such nonconformity to be remedied at no expense to the owner. | |||
| 40:40:22.0.1.1.2.1.1.42 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.084-2 Definitions. | EPA | [45 FR 63747, Sept. 25, 1980, as amended at 47 FR 49811, Nov. 2, 1982; 48 FR 1412, Jan. 12, 1983; 48 FR 48607, Oct. 19, 1983; 49 FR 48136, Dec. 10, 1984; 70 FR 40433, July 13, 2005] | The definitions in § 86.082-2 remain effective. The definitions listed in this section apply beginning with the 1984 model year. Approach angle means the smallest angle in a plan side view of an automobile, formed by the level surface on which the automobile is standing and a line tangent to the front tire static loaded radius arc and touching the underside of the automobile forward of the front tire. Axle clearance means the vertical distance from the level surface on which an automobile is standing to the lowest point on the axle differential of the automobile. Breakover angle means the supplement of the largest angle, in the plan side view of an automobile, that can be formed by two lines tangent to the front and rear static loaded radii arcs and intersecting at a point on the underside of the automobile. Curb-idle means: (1) For manual transmission code light-duty trucks, the engine speed with the transmission in neutral or with the clutch disengaged and with the air conditioning system, if present, turned off. For automatic transmission code light-duty trucks, curb-idle means the engine speed with the automatic transmission in the Park position (or Neutral position if there is no Park position), and with the air conditioning system, if present, turned off. (2) For manual transmission code heavy-duty engines, the manufacturer's recommended engine speed with the clutch disengaged. For automatic transmission code heavy-duty engines, curb idle means the manufacturer's recommended engine speed with the automatic transmission in gear and the output shaft stalled. (Measured idle speed may be used in lieu of curb-idle speed for the emission tests when the difference between measured idle speed and curb idle speed is sufficient to cause a void test under 40 CFR 1065.530 but not sufficient to permit adjustment in accordance with 40 CFR part 1065, subpart E. Departure angle means the smallest angle, in a plan side view of an automobile, formed by the level surface on which the automobile is standing and a l… | |||
| 40:40:22.0.1.1.2.1.1.43 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.084-4 Section numbering; construction. | EPA | [81 FR 73976, Oct. 25, 2016] | (a) The model year of initial applicability is indicated by the last two digits of the 5-digit group. A section remains in effect for subsequent model years until it is superseded. The number following the hyphen designates what previous section is replaced by a future regulation. For example, § 86.005-1 applies to model year 2005 and later vehicles and engines until it is superseded. Section 86.016-1 takes effect with model year 2016 and continues to apply until it is superseded; § 86.005-1 no longer applies starting with model year 2016, except as specified by § 86.016-1. (b) If a regulation in this subpart references a section that has been superseded or no longer exists, this should be understood as a reference to the same section for the appropriate model year. For example, if a regulation in this subpart refers to § 86.001-30, it should be taken as a reference to § 86.007-30 or any later version of that section that applies for the appropriate model year. However, this does not apply if the reference to a superseded section specifically states that the older provision applies instead of any updated provisions from the section in effect for the current model year; this occurs most often as part of the transition to new emission standards. (c) Except where indicated, the language in this subpart applies to both vehicles and engines. In many instances, language referring to engines is enclosed in parentheses and immediately follows the language discussing vehicles. | |||
| 40:40:22.0.1.1.2.1.1.44 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.085-2 Definitions. | EPA | [48 FR 33462, July 21, 1983, as amended at 48 FR 52184, Nov. 16, 1983; 52 FR 47863, Dec. 16, 1987; 79 FR 23690, Apr. 28, 2014] | The definitions of § 86.084-2 remain effective. The definitions listed in this section apply beginning with the 1985 model year. Abnormally treated vehicle, any diesel light-duty vehicle or diesel light-duty truck that is operated for less than five miles in a 30 day period immediately prior to conducting a particulate emissions test. Composite particulate standard, for a manufacturer which elects to average diesel light-duty vehicles and diesel light-duty trucks together in the particulate averaging program, means that standard calculated according to the following equation and rounded to the nearest hundredth gram-per-mile: Where: PROD LDV represents the manufacturer's total diesel light-duty vehicle production for those engine families being included in the average for a given model year. STD LDV represents the light-duty vehicle particulate standard. PROD LDT represents the manufacturer's total diesel light-duty truck production for those engine families being included in the average for a given model year. STD LDT represents the light-duty truck particulate standard. Where: PROD LDV represents the manufacturer's total diesel light-duty vehicle production for those engine families being included in the average for a given model year. STD LDV represents the light-duty vehicle particulate standard. PROD LDT represents the manufacturer's total diesel light-duty truck production for those engine families being included in the average for a given model year. STD LDT represents the light-duty truck particulate standard. Family particulate emission limit means the diesel particulate emission level to which an engine family is certified in the particulate averaging program, expressed to an accuracy of one hundredth gram-per-mile. Production-weighted average means the manufacturer's production-weighted average particulate emission level, for certification purposes, of all of its diesel engine families included in the particulate averaging program. It is calculated at the end of the mo… | |||
| 40:40:22.0.1.1.2.1.1.45 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.085-20 Incomplete vehicles, classification. | EPA | [79 FR 23690, Apr. 28, 2014] | For purposes of this part: (a) A heavy-duty gasoline-fueled vehicle is considered to be a complete vehicle if it has the primary load carrying device or container attached at the time the vehicle leaves the control of the manufacturer of the engine, and is considered to be an incomplete vehicle if it does not. (b) For all other heavy-duty vehicles, a vehicle that has the primary load carrying device or container attached at the time the vehicle is introduced into U.S. commerce is considered to be a complete vehicle. Vehicles not considered to be complete vehicles are incomplete vehicles. For purposes of determining when a vehicle is introduced into U.S. commerce, an assembly of motor vehicle parts is deemed to be a vehicle if either of the following applies: (1) A piece of equipment that is intended for self-propelled use on highways becomes a vehicle when it includes at least an engine, a transmission, and a frame. (Note: For purposes of this definition, any electrical, mechanical, and/or hydraulic devices attached to engines for the purpose of powering wheels are considered to be transmissions.) (2) A piece of equipment that is intended for self-propelled use on highways becomes a vehicle when it includes a passenger compartment attached to a frame with axles. | |||
| 40:40:22.0.1.1.2.1.1.46 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.085-37 Production vehicles and engines. | EPA | [48 FR 1455, Jan. 12, 1983, as amended at 59 FR 50073, Sept. 30, 1994; 62 FR 31233, June 6, 1997; 79 FR 23690, Apr. 28, 2014; 81 FR 73976, Oct. 25, 2016] | (a) Any manufacturer obtaining certification under this part shall supply to the Administrator, upon request, a reasonable number of production vehicles (or engines) selected by the Administrator which are representative of the engines, emission control systems, fuel systems, and transmission offered and typical of production models available for sale under the certificate. These vehicles (or engines) shall be supplied for testing at such time and place and for such reasonable periods as the Administrator may require. Heavy-duty engines supplied under this paragraph may be required to be mounted in chassis and appropriately equipped for operation on a chassis dynamometer. (b) [Reserved] (c) Any heavy-duty engine or gasoline-fueled heavy-duty vehicle manufacturer obtaining certification under this part shall notify the Administrator, on a yearly basis, of the number of engines or vehicles of such engine family-evaporative emission family-engine displacement-exhaust emission control system-fuel system combination produced for sale in the United States during the preceding year. | |||
| 40:40:22.0.1.1.2.1.1.47 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.088-2 Definitions. | EPA | [50 FR 10648, Mar. 15, 1985] | The definitions in § 86.085-2 remain effective. The definitions in this section apply beginning with the 1988 model year. Composite NO X standard, for a manufacturer which elects to average light-duty trucks subject to the NO X standard of § 86.088-9(a)(iii)(A) together with those subject to the NO X standard of § 86.088-9(a)(iii)(B) in the light-duty truck NO X averaging program, means that standard calculated according to the following equation and rounded to the nearest one-tenth gram per mile: Where: PROD A = The manufacturer's total light-duty truck production for those engine families subject to the standard of § 86.088-9(a)(iii)(A) and included in the average for a given model year, STD A = The NO X standard of § 86.088-9(a)(iii)(A), PROD B = The manufacturer's total light-duty truck production for those engine families subject to the standard of § 86.088-9(a)(iii)(B) and included in the average for a given model year, and STD B = The NO X standard of § 86.088-9(a)(iii)(B). Where: PROD A = The manufacturer's total light-duty truck production for those engine families subject to the standard of § 86.088-9(a)(iii)(A) and included in the average for a given model year, STD A = The NO X standard of § 86.088-9(a)(iii)(A), PROD B = The manufacturer's total light-duty truck production for those engine families subject to the standard of § 86.088-9(a)(iii)(B) and included in the average for a given model year, and STD B = The NO X standard of § 86.088-9(a)(iii)(B). Critical emission-related components are those components which are designed primarily for emission control, or whose failure may result in a significant increase in emissions accompanied by no significant impairment (or perhaps even an improvement) in performance, driveability, and/or fuel economy as determined by the Administrator. Critical emission-related maintenance means that maintenance to be performed on critical emission-related components. Emission-related maintenance means that maintenance which does… | |||
| 40:40:22.0.1.1.2.1.1.48 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.090-2 Definitions. | EPA | [55 FR 30612, July 26, 1990, as amended at 60 FR 34334, June 30, 1995; 62 FR 31233, June 6, 1997; 76 FR 57376, Sept. 15, 2011] | The definitions in § 86.088-2 remain effective. The definitions in this section apply beginning with the 1990 model year. Averaging for heavy-duty engines means the exchange of NO X and particulate emission credits among engine families within a given manufacturer's product line. Averaging set means a subcategory of heavy-duty engines within which engine families can average and trade emission credits with one other. Banking means the retention of heavy-duty engine NO X and particulate emission credits, by the manufacturer generating the emission credits, for use in future model year certification programs as permitted by regulation. Composite particulate standard, for a manufacturer which elects to average light-duty vehicles and light-duty trucks together in either the petroleum-fueled or methanol-fueled light-duty particulate averaging program, means that standards calculated using the following equation and rounded to the nearest one-hundredth (0.01) of a gram per mile: Where: PROD LDV represents the manufacturer's total petroleum-fueled diesel or methanol-fueled diesel light-duty vehicle production for those engine families being included in the appropriate average for a given model year. STD LDV represents the light-duty vehicle particulate standard. PROD LDT represents the manufacturer's total petroleum-fueled diesel or methanol-fueled diesel light-duty truck production for those engine families being included in the appropriate average for a given model year. STD LDT represents the light-duty truck particulate standard. Where: PROD LDV represents the manufacturer's total petroleum-fueled diesel or methanol-fueled diesel light-duty vehicle production for those engine families being included in the appropriate average for a given model year. STD LDV represents the light-duty vehicle particulate standard. PROD LDT represents the manufacturer's total petroleum-fueled diesel or methanol-fueled diesel light-duty truck production for those engine families being included in the a… | |||
| 40:40:22.0.1.1.2.1.1.49 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.090-3 Abbreviations. | EPA | [55 FR 30613, July 26, 1990, as amended at 60 FR 34335, June 30, 1995] | (a) The abbreviations in § 86.078-3 remain effective. The abbreviations in this section apply beginning with the 1990 model year. (b) The abbreviations in this section apply to this subpart, and also to subparts B, E, F, M, N, and P of this part, and have the following meanings: DNPH—2,4-dinitrophenylhydrazine. FEL—Family emission limit. GC—Gas chromatograph. HPLC—High-pressure liquid chromatography. MeOH—Methanol (CH 3 OH). Mg—Megagram(s) (1 million grams) MJ—Megajoule(s) (1 million joules) THCE—Total Hydrocarbon Equivalent UV—Ultraviolet. DNPH—2,4-dinitrophenylhydrazine. FEL—Family emission limit. GC—Gas chromatograph. HPLC—High-pressure liquid chromatography. MeOH—Methanol (CH 3 OH). Mg—Megagram(s) (1 million grams) MJ—Megajoule(s) (1 million joules) THCE—Total Hydrocarbon Equivalent UV—Ultraviolet. | |||
| 40:40:22.0.1.1.2.1.1.5 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.001-2 Definitions. | EPA | [59 FR 16281, Apr. 6, 1994, as amended at 61 FR 54886, Oct. 22, 1996] | The definitions of § 86.000-2 continue to apply to 2000 and later model year vehicles. The definitions listed in this section apply beginning with the 2001 model year. Useful life means: (1) For light-duty vehicles, and for light light-duty trucks not subject to the Tier 0 standards of § 86.094-9(a), intermediate useful life and/or full useful life. Intermediate useful life is a period of use of 5 years or 50,000 miles, whichever occurs first. Full useful life is a period of use of 10 years or 100,000 miles, whichever occurs first, except as otherwise noted in § 86.094-9. The useful life of evaporative and/or refueling emission control systems on the portion of these vehicles subject to the evaporative emission test requirements of § 86.130-96, and/or the refueling emission test requirements of § 86.151-2001, is defined as a period of use of 10 years or 100,000 miles, whichever occurs first. (2) For light light-duty trucks subject to the Tier 0 standards of § 86.094-9(a), and for heavy light-duty truck engine families, intermediate and/or full useful life. Intermediate useful life is a period of use of 5 years or 50,000 miles, whichever occurs first. Full useful life is a period of use of 11 years or 120,000 miles, whichever occurs first. The useful life of evaporative emission and/or refueling control systems on the portion of these vehicles subject to the evaporative emission test requirements of § 86.130-96, and/or the refueling emission test requirements of § 86.151-2001, is also defined as a period of 11 years or 120,000 miles, whichever occurs first. (3) For an Otto-cycle heavy-duty engine family: (i) For hydrocarbon and carbon monoxide standards, a period of use of 8 years or 110,000 miles, whichever first occurs. (ii) For the oxides of nitrogen standard, a period of use of 10 years or 110,000 miles, whichever first occurs. (iii) For the portion of evaporative emission control systems subject to the evaporative emission test requirements of § 86.1230-96, a period of use of 10 years or 110,000 miles… | |||
| 40:40:22.0.1.1.2.1.1.50 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.090-5 General standards; increase in emissions; unsafe conditions. | EPA | [54 FR 14460, Apr. 11, 1989, as amended at 61 FR 58106, Nov. 12, 1996; 88 FR 4474, Jan. 24, 2023] | (a)(1) Every new motor vehicle (or new motor vehicle engine) manufactured for sale, sold, offered for sale, introduced, or delivered for introduction to commerce, or imported into the United States for sale or resale which is subject to any of the standards prescribed in this subpart shall be covered by a certificate of conformity issued pursuant to §§ 86.090-21, 86.090-22, 86.090-23, 86.090-29, 86.090-30, 86.079-31, 86.079-32, 86.079-33, and 86.082-34. (2) No heavy-duty vehicle manufacturer shall take any of the actions specified in section 203(a)(1) of the Act with respect to any Otto-cycle or diesel heavy-duty vehicle which uses an engine which has not been certified as meeting applicable standards. (3) Notwithstanding paragraphs (a) (1) and (2) of this section, a light or heavy duty motor vehicle equipped with an engine certified to the nonroad provision of 40 CFR part 89 may be sold, offered for sale or otherwise introduced into commerce by a motor vehicle manufacturer to a secondary manufacturer if the motor vehicle manufacturer obtains written assurance from the secondary manufacturer that such vehicle will be converted to a nonroad vehicle or to a piece of nonroad equipment, as defined in 40 CFR part 89, before title is transferred to an ultimate purchaser. Failure of the secondary manufacturer to convert such vehicles to nonroad vehicles or equipment prior to transfer to an ultimate purchaser shall be considered a violation of section 203(a) (1) and (3) of the Clean Air Act. (b)(1) Any system installed on or incorporated in a new motor vehicle (or new motor vehicle engine) to enable such vehicle (or engine) to conform to standards imposed by this subpart. (i) Shall not in its operation or function cause the emission into the ambient air of any noxious or toxic substance that would not be emitted in the operation of such vehicle (or engine) without such system, except as specifically permitted by regulation; and (ii) Shall not in its operation, function or malfunction result in any unsafe condition e… | |||
| 40:40:22.0.1.1.2.1.1.51 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.090-27 Special test procedures. | EPA | [54 FR 14481, Apr. 11, 1989] | (a) The Administrator may, on the basis of written application by a manufacturer, prescribe test procedures, other than those set forth in this part, for any light-duty vehicle, light-duty truck, heavy-duty engine, or heavy-duty vehicle which the Administrator determines is not susceptible to satisfactory testing by the procedures set forth in this part. (b) If the manufacturer does not submit a written application for use of special test procedures but the Administrator determines that a light-duty vehicle, light-duty truck, heavy-duty engine, or heavy-duty vehicle is not susceptible to satisfactory testing by the procedures set forth in this part, the Administrator shall notify the manufacturer in writing and set forth the reasons for such rejection in accordance with the provisions of § 86.090-22(c). | |||
| 40:40:22.0.1.1.2.1.1.52 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.091-2 Definitions. | EPA | [55 FR 30619, July 26, 1990] | The definitions of § 86.090-2 remain effective. The definitions listed in this section apply beginning with the 1991 model year. Urban bus means a heavy heavy-duty diesel-powered passenger-carrying vehicle with a load capacity of fifteen or more passengers and intended primarily for intra-city operation, i.e., within the confines of a city or greater metropolitan area. Urban bus operation is characterized by short rides and frequent stops. To facilitate this type of operation, more than one set of quick-operating entrance and exit doors would normally be installed. Since fares are usually paid in cash or tokens rather than purchased in advance in the form of tickets, urban buses would normally have equipment installed for collection of fares. Urban buses are also typically characterized by the absence of equipment and facilities for long distance travel, e.g., rest rooms, large luggage compartments, and facilities for stowing carry-on luggage. The useful life for urban buses is the same as the useful life for other heavy heavy-duty diesel engines. | |||
| 40:40:22.0.1.1.2.1.1.53 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.091-7 Maintenance of records; submittal of information; right of entry. | EPA | [55 FR 30619, July 26, 1990, as amended at 75 FR 22978, Apr. 30, 2010] | (a) The manufacturer of any new motor vehicle (or new motor vehicle engine) subject to any of the standards or procedures prescribed in this subpart shall establish, maintain and retain the following adequately organized and indexed records. (1) General records. (i) The records required to be maintained by this paragraph shall consist of: (A) Identification and description of all certification vehicles (or certification engines) for which testing is required under this subpart. (B) A description of all emission control systems which are installed on or incorporated in each certification vehicle (or certification engine). (C) A description of all procedures used to test each such certification vehicle (or certification engine). (ii) A properly filed application for certification, following the format prescribed by the US EPA for the appropriate model year, fulfills each of the requirements of this paragraph (a)(1). (2) Individual records. (i) A brief history of each motor vehicle (or motor vehicle engine) used for certification under this subpart including: (A) In the case where a current production engine is modified for use in a certification vehicle (or as a certification engine), a description of the process by which the engine was selected and of the modifications made. In the case where the engine for a certification vehicle (or certification engine) is not derived from a current production engine, a general description of the buildup of the engine (e.g., experimental heads were cast and machined according to supplied drawings, etc.). In both cases above, a description of the origin and selection process for carburetor, distributor, fuel system components, fuel injection components, emission control system components, smoke exhaust emission control system components, and exhaust aftertreatment devices as applicable, shall be included. The required descriptions shall specify the steps taken to assure that the certification vehicle (or certification engine) with respect to its engine, drivetrain, fu… | |||
| 40:40:22.0.1.1.2.1.1.54 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.091-29 Testing by the Administrator. | EPA | [50 FR 10675, Mar. 15, 1985, as amended at 54 FR 14488, Apr. 11, 1989; 58 FR 16020, Mar. 24, 1993; 79 FR 23690, Apr. 28, 2014] | (a) [Reserved] (b)(1) Paragraph (b) of this section applies to heavy-duty engines. (2) The Administrator may require that any one or more of the test engines be submitted to him, at such place or places as he may designate, for the purpose of conducting emissions tests. The Administrator may specify that he will conduct such testing at the manufacturer's facility, in which case instrumentation and equipment specified by the Administrator shall be made available by the manufacturer for test operations. Any testing conducted at a manufacturer's facility pursuant to this paragraph shall be scheduled by the manufacturer as promptly as possible. (3)(i) Whenever the Administrator conducts a test on a test engine the results of that test, unless subsequently invalidated by the Administrator, shall comprise the official data for the engine at that prescribed test point and the manufacturer's data for that prescribed test point shall not be used in determining compliance with emission standards (or family emission limits, as appropriate). (ii) Whenever the Administrator does not conduct a test on a test engine at a test point, the manufacturer's test data will be accepted as the official data for that test point: Provided, That if the Administrator makes a determination based on testing under paragraph (b)(2) of this section, that there is a lack of correlation between the manufacturer's test equipment and the test equipment used by the Administrator, no manufacturer's test data will be accepted for purposes of certification until the reasons for the lack of correlation are determined and the validity of the data is established by the manufacturer, And further provided, That if the Administrator has reasonable basis to believe that any test data submitted by the manufacturer is not accurate or has been obtained in violation of any provision of this part, the Administrator may refuse to accept that data as the official data pending retesting or submission of further information. (iii)(A)( 1 ) The Administrator may… | |||
| 40:40:22.0.1.1.2.1.1.55 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.092-2 Definitions. | EPA | [55 FR 7187, Feb. 28, 1990] | The definitions of § 86.091-2 remain effective. The definitions listed in this section apply beginning with the 1992 model year. (a) Proven emission control systems are emission control components or systems (and fuel metering systems) that have completed full durability testing evaluation over a vehicle's useful life in some other certified engine family, or have completed bench or road testing demonstrated to be equal or more severe than certification mileage accumulation requirements. Alternatively, proven components or systems are those that are determined by EPA to be of comparable functional quality and manufactured using comparable materials and production techniques as components or systems which have been durability demonstrated in some other certified engine family. In addition, the components or systems must be employed in an operating environment (e.g., temperature, exhaust flow, etc.,) similar to that experienced by the original or comparable components or systems in the original certified engine family. (b) Unproven emission control systems are emission control components or systems (and fuel metering systems) that do not qualify as proven emission control systems. (c) Similar systems are engine, fuel metering and emission control system combinations which use the same fuel (e.g., gasoline, diesel, etc.), combustion cycle (i.e., two or four stroke), general type of fuel system (i.e., carburetor or fuel injection), catalyst system (e.g., none, oxidization, three-way plus oxidization, three-way only, etc.), fuel control system (i.e., feedback or non-feedback), secondary air system (i.e., equipped or not equipped) and EGR (i.e., equipped or not equipped). (d) Conveniently available service facility and spare parts for small-volume manufacturers means that the vehicle manufacturer has a qualified service facility at or near the authorized point of sale or delivery of its vehicles and maintains an inventory of all emission-related spare parts or has made arrangements for the part manufacturer… | |||
| 40:40:22.0.1.1.2.1.1.56 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.093-2 Definitions. | EPA | [58 FR 15795, Mar. 24, 1993] | The definitions of § 86.092-2 continue to apply. The definitions listed in this section apply beginning with the 1993 model year. Bus means a heavy heavy-duty diesel-powered passenger-carrying vehicle with a load capacity of fifteen or more passengers that is centrally fueled, and all urban buses. This definition only applies in the context of §§ 86.093-11 and 86.093-35. Centrally fueled bus means a bus that is refueled at least 75 percent of the time at one refueling facility that is owned, operated, or controlled by the bus operator. Urban bus means a passenger-carrying vehicle powered by a heavy heavy-duty diesel engine, or of a type normally powered by a heavy heavy-duty diesel engine, with a load capacity of fifteen or more passengers and intended primarily for intracity operation, i.e., within the confines of a city or greater metropolitan area. Urban bus operation is characterized by short rides and frequent stops. To facilitate this type of operation, more than one set of quick-operating entrance and exit doors would normally be installed. Since fares are usually paid in cash or tokens, rather than purchased in advance in the form of tickets, urban buses would normally have equipment installed for collection of fares. Urban buses are also typically characterized by the absence of equipment and facilities for long distance travel, e.g., rest rooms, large luggage compartments, and facilities for stowing carry-on luggage. The useful life for urban buses is the same as the useful life for other heavy heavy-duty diesel engines. | |||
| 40:40:22.0.1.1.2.1.1.57 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.094-2 Definitions. | EPA | [56 FR 25739, June 5, 1991, as amended at 57 FR 31897, July 17, 1992; 58 FR 4002, Jan. 12, 1993; 58 FR 9485, Feb. 19, 1993; 58 FR 15799, Mar. 24, 1993; 59 FR 48494, Sept. 21, 1994; 60 FR 34335, June 30, 1995; 60 FR 40496, Aug. 9, 1995] | The definitions of § 86.093-2 remain effective. The definitions listed in this section are effective beginning with the 1994 model year. Adjusted Loaded Vehicle Weight means the numerical average of vehicle curb weight and GVWR. Bi-directional control means the capability of a diagnostic tool to send messages on the data bus that temporarily overrides the module's control over a sensor or actuator and gives control to the diagnostic tool operator. Bi-directional controls do not create permanent changes to engine or component calibrations. Data stream information means information (i.e., messages and parameters) originated within the vehicle by a module or intelligent sensors (i.e., a sensor that contains and is controlled by its own module) and transmitted between a network of modules and/or intelligent sensors connected in parallel with either one or two communication wires. The information is broadcast over the communication wires for use by other modules (e.g., chassis, transmission, etc.) to conduct normal vehicle operation or for use by diagnostic tools. Data stream information does not include engine calibration related information. Defeat device means an auxilary emission control device (AECD) that reduces the effectiveness of the emission control system under conditions which may reasonably be expected to be encountered in normal vehicle operation and use, unless: (1) Such conditions are substantially included in the Federal emission test procedure; (2) The need for the AECD is justified in terms of protecting the vehicle against damage or accident; or (3) The AECD does not go beyond the requirements of engine starting. Durability useful life means the highest useful life mileage out of the set of all useful life mileages that apply to a given vehicle. The durability useful life determines the duration of service accumulation on a durability data vehicle. The determination of durability useful life shall reflect any alternative useful life mileages approved by the Administrator under § 86.094… | |||
| 40:40:22.0.1.1.2.1.1.58 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.094-3 Abbreviations. | EPA | [56 FR 25740, June 5, 1991, as amended at 58 FR 33208, June 16, 1993; 59 FR 48494, Sept. 21, 1994; 60 FR 34335, June 30, 1995] | (a) The abbreviations in § 86.090-3 remain effective. The abbreviations in this section apply beginning with the 1994 model year. (b) The abbreviations in this section apply to this subpart, and also to subparts B, E, F, H, M, N and P of this part, and have the following meanings: ALVW—Adjusted Loaded Vehicle Weight LPG—Liquefied Petroleum Gas NMHC—Nonmethane Hydrocarbons NMHCE—Non-Methane Hydrocarbon Equivalent PM—Particulate Matter THC—Total Hydrocarbons ALVW—Adjusted Loaded Vehicle Weight LPG—Liquefied Petroleum Gas NMHC—Nonmethane Hydrocarbons NMHCE—Non-Methane Hydrocarbon Equivalent PM—Particulate Matter THC—Total Hydrocarbons | |||
| 40:40:22.0.1.1.2.1.1.59 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.094-7 Maintenance of records; submittal of information; right of entry. | EPA | [56 FR 25740, June 5, 1991, as amended at 57 FR 31897, July 17, 1992; 75 FR 22978, Apr. 30, 2010; 79 FR 23691, Apr. 28, 2014] | (a) Introductory text through (a)(2) [Reserved] (a)(3) All records, other than routine emission test records, required to be maintained under this subpart shall be retained by the manufacturer for a period of eight (8) years after issuance of all certificates of conformity to which they relate. Routine emission test records shall be retained by the manufacturer for a period of one (1) year after issuance of all certificates of conformity to which they relate. Records may be retained as hard copy or reduced to microfilm, punch cards, etc., depending on the record retention procedures of the manufacturer, provided, that in every case all the information contained in the hard copy shall be retained. (b)-(c)(2) [Reserved] (c)(3) The manufacturer (or contractor for the manufacturer, if applicable) shall retain all records required to be maintained under this section for a period of eight (8) years from the due date for the end-of-model year averaging, trading, and banking reports. Records may be retained as hard copy or reduced to microfilm, ADP files, etc., depending on the manufacturer's record retention procedure, provided that in every case all the information contained in the hard copy is retained. (c)(4)-(d)(1)(v) [Reserved] (d)(1)(vi) Any facility where any record or other document relating to the information specified in paragraph (h) of this section is located. (2) Upon admission to any facility referred to in paragraph (d)(1) of this section, any EPA Enforcement Officer or any EPA authorized representative shall be allowed: (i) To inspect and monitor any part or aspect of such procedures, activities, and testing facilities, including, but not limited to, monitoring vehicle (or engine) preconditioning, emissions tests and mileage (or service) accumulation, maintenance, and vehicle soak and storage procedures (or engine storage procedures), and to verify correlation or calibration of test equipment; (ii) To inspect and make copies of any such records, designs, or other documents, including those record… | |||
| 40:40:22.0.1.1.2.1.1.6 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.001-21 Application for certification. | EPA | [61 FR 54886, Oct. 22, 1996] | Section 86.001-21 includes text that specifies requirements that differ from § 86.094-21 or § 86.096-21. Where a paragraph in § 86.094-21 or § 86.096-21 is identical and applicable to § 86.001-21, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-21.” or “[Reserved]. For guidance see § 86.096-21.” (a)-(b)(1)(i)(B) [Reserved]. For guidance see § 86.094-21. (b)(1)(i)(C) The manufacturer must submit a Statement of Compliance in the application for certification which attests to the fact that they have assured themselves that the engine family is designed to comply with the intermediate temperature cold testing criteria of subpart C of this part, and does not unnecessarily reduce emission control effectiveness of vehicles operating at high altitude or other conditions not experienced within the US06 (aggressive driving) and SC03 (air conditioning) test cycles. (b)(1)(i)(C)( 1 )-(b)(1)(ii)(C) [Reserved]. For guidance see § 86.094-21. (b)(2) Projected U.S. sales data sufficient to enable the Administrator to select a test fleet representative of the vehicles (or engines) for which certification is requested, and data sufficient to determine projected compliance with the standards implementation schedules of § 86.000-8 and 86.000-9. Volume projected to be produced for U.S. sale may be used in lieu of projected U.S. sales. (b)(3) A description of the test equipment and fuel proposed to be used. (b)(4)(i) For light-duty vehicles and light-duty trucks, a description of the test procedures to be used to establish the evaporative emission and/or refueling emission deterioration factors, as appropriate, required to be determined and supplied in § 86.001-23(b)(2). (b)(4)(ii)-(b)(5)(iv) [Reserved]. For guidance see § 86.094-21. (b)(5)(v) For light-duty vehicles and applicable light-duty trucks with non-integrated refueling emission control systems, the number of continuous UDDS cycles, determined from the fuel economy on the UDDS applicable to the te… | |||
| 40:40:22.0.1.1.2.1.1.60 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.094-14 Small-volume manufacturer certification procedures. | EPA | [81 FR 73976, Oct. 25, 2016] | (a)(1) The small-volume manufacturer certification procedures described in paragraphs (b) and (c) of this section are optional. Small-volume manufacturers may use these optional procedures to demonstrate compliance with the general standards and specific emission requirements contained in this subpart. (2) To satisfy the durability data requirements of the small-volume manufacturer certification procedures, manufacturers of vehicles (or engines) as described in paragraph (b) of this section may use assigned deterioration factors that the Administrator determines by methods described in paragraph (c)(3)(ii) of this section. However, if no deterioration factor data (either the manufacturer's or industry-wide deterioration factor data) are available from previously completed durability data vehicles or engines used for certification, manufacturers of vehicles (or engines) as described in paragraph (b) of this section or with new technology not previously certified may use assigned deterioration factors that the Administrator determines by alternative methods, based on good engineering judgment. The factors that the Administrator determines by alternative methods will be published in an advisory letter or advisory circular. (b)(1) The optional small-volume manufacturer certification procedures apply to heavy-duty vehicles, and heavy-duty engines produced by manufacturers with U.S. sales, including all vehicles and engines imported under the provisions of §§ 85.1505 and 85.1509 of this chapter (for the model year in which certification is sought) of fewer than 10,000 units (Light-Duty Vehicles, Light-Duty Trucks, Heavy-Duty Vehicles and Heavy-Duty Engines combined). (2) For the purpose of determining the applicability of paragraph (b)(1) of this section, the sales the Administrator shall use shall be the aggregate of the projected or actual sales of those vehicles and/or engines in any of these groupings: (i) Vehicles and/or engines produced by two or more firms, one of which is 10 percent or greater part owned by… | |||
| 40:40:22.0.1.1.2.1.1.61 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.094-21 Application for certification. | EPA | [58 FR 4009, Jan. 12, 1993, as amended at 58 FR 9487, Feb. 19, 1993, 60 FR 34335, June 30, 1995; 63 FR 70694, Dec. 22, 1998; 75 FR 22978, Apr. 30, 2010; 79 FR 23691, Apr. 28, 2014] | (a) A separate application for a certificate of conformity shall be made for each set of standards (or family emission limits, as appropriate) and each class of new motor vehicles or new motor vehicle engines. Such application shall be made to the Administrator by the manufacturer and shall be updated and corrected by amendment. (b) The application shall be in writing, signed by an authorized representative of the manufacturer, and shall include the following: (1)(i) Identification and description of the vehicles (or engines) covered by the application and a description of their engine (vehicles only), emission control system, and fuel system components. This description will include: (A) A detailed description of each Auxiliary Emission Control Device (AECD) to be installed in or on any vehicle (or engine) covered by the application; (B) A detailed justification of each AECD (described in (b)(1)(i)(A) of this section) which results in a reduction in effectiveness of the emission control system. Such a justification may be disapproved by consideration of currently available technology, whereupon the application for certification may be disapproved under § 86.094-22(b) for the incorporation of a defeat device; (ii)(A) The manufacturer shall provide to the Administrator in the application for certification: ( 1 ) A list of those parameters which are physically capable of being adjusted (including those adjustable parameters for which access is difficult) and that, if adjusted to settings other than the manufacturer's recommended setting, may affect emissions; ( 2 ) A specification of the manufacturer's intended physically adjustable range of each such parameter, and the production tolerances of the limits or stops used to establish the physically adjustable range; ( 3 ) A description of the limits or stops used to establish the manufacturer's intended physically adjustable range of each adjustable parameter, or any other means used to inhibit adjustment; ( 4 ) The nominal or recommended setting, and the as… | |||
| 40:40:22.0.1.1.2.1.1.62 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.094-22 Approval of application for certification; test fleet selections; determinations of parameters subject to adjustment for certification and Selective Enforcement Audit, adequacy of limits, and physically adjustable ranges. | EPA | [48 FR 4010, Jan. 12, 1993, as amended at 75 FR 22978, Apr. 30, 2010] | (a) After a review of the application for certification and any other information which the Administrator may require, the Administrator may approve the application and select a test fleet in accordance with § 86.094-24. (b) Disapproval of application. (1) The Administrator may disapprove in whole or in part an application for certification for reasons including incompleteness, inaccuracy, inappropriate proposed mileage (or service) accumulation procedures, test equipment, or fuel; or incorporation of defeat devices in vehicles (or on engines) described by the application. (2) The issuance of a certificate of conformity does not exempt the covered vehicles from further evaluation or testing for defeat device purposes as described in § 86.094-16. (c) Where any part of an application is rejected, the Administrator shall notify the manufacturer in writing and set forth the reasons for such rejection. Within 30 days following receipt of such notification, the manufacturer may request a hearing on the Administrator's determination. The request shall be in writing, signed by an authorized representative of the manufacturer and shall include a statement specifying the manufacturer's objections to the Administrator's determinations, and data in support of such objections. If, after the review of the request and supporting data, the Administrator finds that the request raises a substantial factual issue, he shall provide the manufacturer a hearing in accordance with § 86.078-6 with respect to such issue. (d) Approval of test procedures. (1) [Reserved] (2) Light-duty trucks using the Standard Self-Approval durability Program and heavy-duty engines only. The Administrator does not approve the test procedures for establishing exhaust emission deterioration factors for light-duty trucks using the Standard Self-Approval Durability Program described in § 86.094-13(f) nor for heavy-duty engines. The manufacturer shall submit these procedures and determinations as required in § 86.094-21(b)(5)(i) prior to determining t… | |||
| 40:40:22.0.1.1.2.1.1.63 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.094-25 Maintenance. | EPA | [58 FR 4018, Jan. 12, 1993, as amended at 58 FR 9487, Feb. 19, 1993; 79 FR 23691, Apr. 28, 2014; 81 FR 73978, Oct. 25, 2016] | (a) [Reserved] (b) This section specifies emission-related scheduled maintenance for purposes of obtaining durability data and for inclusion in maintenance instructions furnished to purchasers of new motor vehicles and new motor vehicles engines under § 86.087-38. (1) All emission-related scheduled maintenance for purposes of obtaining durability data must occur at the same mileage intervals (or equivalent intervals if engines, subsystems, or components are used) that will be specified in the manufacturer's maintenance instructions furnished to the ultimate purchaser of the motor vehicle or engine under § 86.094-35. This maintenance schedule may be updated as necessary throughout the testing of the vehicle/engine, provided that no maintenance operation is deleted from the maintenance schedule after the operation has been performed on the test vehicle or engine. (2) Any emission-related maintenance which is performed on vehicles, engines, subsystems, or components must be technologically necessary to assure in-use compliance with the emission standards. The manufacturer must submit data which demonstrate to the Administrator that all of the emission-related scheduled maintenance which is to be performed is technologically necessary. Scheduled maintenance must be approved by the Administrator prior to being performed or being included in the maintenance instructions provided to purchasers under § 86.010-38. (3) For Otto-cycle light-duty vehicles, light-duty trucks and heavy duty engines, emission-related maintenance in addition to, or at shorter intervals than, that listed in paragraphs (b)(3) (i) through (vii) of this section will not be accepted as technologically necessary, except as provided in paragraph (b)(7) of this section. (i)(A) [Reserved] (B) The cleaning or replacement of Otto-cycle heavy duty engine spark plugs shall occur at 25,000 miles (or 750 hours) of use and at 25,000-mile (or 750-hour) intervals thereafter, for engines certified for use with unleaded fuel only. (ii) [Reserved] (4)-(6) [R… | |||
| 40:40:22.0.1.1.2.1.1.64 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.095-35 Labeling. | EPA | [56 FR 25755, June 5, 1991, as amended at 81 FR 73978, Oct. 25, 2016] | (a) The manufacturer of any motor vehicle (or motor vehicle engine) subject to the applicable emission standards (and family emission limits, as appropriate) of this subpart, shall, at the time of manufacture, affix a permanent legible label, of the type and in the manner described below, containing the information hereinafter provided, to all production models of such vehicles (or engines) available for sale to the public and covered by a Certificate of Conformity under § 86.007-30(a). (1)-(2) [Reserved] (3) Heavy-duty engines. (i) A permanent legible label shall be affixed to the engine in a position in which it will be readily visible after installation in the vehicle. (ii) The label shall be attached to an engine part necessary for normal engine operation and not normally requiring replacement during engine life. (iii) The label shall contain the following information lettered in the English language in block letters and numerals which shall be of a color that contrasts with the background of the label: (A) The label heading: “Important Engine Information.”; (B) The full corporate name and trademark of the manufacturer; though the label may identify another company and use its trademark instead of the manufacturer's as long as the manufacturer complies with the branding provisions of 40 CFR 1068.45. (C) Engine displacement (in cubic inches or liters) and engine family and model designations; (D) Date of engine manufacture (month and year). The manufacturer may, in lieu of including the date of manufacture on the engine label, maintain a record of the engine manufacture dates. The manufacturer shall provide the date of manufacture records to the Administrator upon request; (E) Engine specifications and adjustments as recommended by the manufacturer. These specifications should indicate the proper transmission position during tune-up and what accessories (e.g., air conditioner), if any, should be in operation; (F) For Otto-cycle engines the label should include the idle speed, ignition timing, and t… | |||
| 40:40:22.0.1.1.2.1.1.65 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.096-2 Definitions. | EPA | [58 FR 16020, Mar. 24, 1993, as amended at 58 FR 58417, Nov. 1, 1993] | The definitions listed in this section apply beginning with the 1996 model year. The definitions of § 86.094-2 continue to apply to 1996 and later model year vehicles. Certification Short Test 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. Diurnal breathing losses means diurnal emissions. Diurnal emissions means evaporative emissions resulting from the daily cycling of ambient temperatures. Hot soak emissions means evaporative emissions after termination of engine operation. Hot-soak losses means hot soak emissions. Resting losses means evaporative emissions that may occur continuously, that are not diurnal emissions, hot soak emissions, running losses, or spitback emissions. Running losses means evaporative emissions that occur during vehicle operation. Spitback emissions means evaporative emissions resulting from the loss of liquid fuel that is emitted from a vehicle during a fueling operation. Useful life means: (1) For light-duty vehicles, and for light light-duty trucks not subject to the Tier 0 standards of § 86.094-9(a), intermediate useful life and/or full useful life. Intermediate useful life is a period of use of 5 years or 50,000 miles, whichever occurs first. Full useful life is a period of use of 10 years or 100,000 miles, whichever occurs first, except as otherwise noted in § 86.094-9. The useful life of evaporative emission control systems on the portion of these vehicles subject to the evaporative emission test requirements of § 86.130-96 is defined as a period of use of 10 years or 100,000 miles, whichever occurs first. (2) For light light-duty trucks subject to the Tier 0 standards of § 86.094-9(a), and for heavy light-duty truck engine families, intermediate and/or full useful life. Intermediate useful life is a period of use of 5 years or 50,000 miles, whichever occurs first. Full useful life is a period of use of 11 years or 120,000 miles, whichever… | |||
| 40:40:22.0.1.1.2.1.1.66 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.096-3 Abbreviations. | EPA | [58 FR 58417, Nov. 1, 1993] | (a) The abbreviations in § 86.094-3 continue to apply. The abbreviation in this section applies beginning with the 1996 model year. (b) The abbreviation in this section applies to this subpart and to subpart O of this part, and has the following meaning: CST—Certification Short Test CST—Certification Short Test | |||
| 40:40:22.0.1.1.2.1.1.67 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.096-24 Test vehicles and engines. | EPA | [58 FR 58417, Nov. 1, 1993, as amended at 75 FR 22979, Apr. 30, 2010; 79 FR 23691, Apr. 28, 2014] | (a) General. This paragraph applies to the grouping of vehicles or engines into families. (1) The vehicles or engines covered by an application for certification will be divided into groupings of engines which are expected to have similar emission characteristics throughout their useful life. Each group of engines with similar emission characteristics is defined as a separate engine family. (2) To be classed in the same engine family, engines must be identical in all the respects listed in paragraphs (a)(2) (i) through (x) of this section. (i) The cylinder bore center-to-center dimensions. (ii)-(iii) [Reserved] (iv) The cylinder block configuration (air-cooled or water-cooled: L-6, 90 deg., V-8, and so forth). (v) The location of the intake and exhaust valves (or ports). (vi) The method of air aspiration. (vii) The combustion cycle. (viii) Catalytic converter characteristics. (ix) Thermal reactor characteristics. (x) Type of air inlet cooler (for example, intercoolers and after-coolers) for diesel heavy-duty engines. (3)(i) Engines identical in all the respects listed in paragraph (a)(2) of this section may be further divided into different engine families if the Administrator determines that they may be expected to have different emission characteristics. This determination will be based upon a consideration of the features of each engine listed in paragraphs (a)(3)(i) (A) through (G) of this section. (A) The bore and stroke. (B) The surface-to-volume ratio of the nominally dimensioned cylinder at the top dead center positions. (C) The intake manifold induction port sizes and configuration. (D) The exhaust manifold port size and configuration. (E) The intake and exhaust valve sizes. (F) The fuel system. (G) The camshaft timing and ignition or injection timing characteristics. (ii) Light-duty trucks and heavy-duty engines produced in different model years and distinguishable in the respects listed in paragraph (a)(2) of this section are treated as belonging to a single engine family if the A… | |||
| 40:40:22.0.1.1.2.1.1.68 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.098-2 Definitions. | EPA | [59 FR 16288, Apr. 6, 1994, as amended at 59 FR 48501, Sept. 21, 1994] | The definitions of § 86.096-2 continue to apply to 1996 and later model year vehicles. The definitions listed in this section apply beginning with the 1998 model year. 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. Evaporative/refueling emission 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 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 § 86.098-24. 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. 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. 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. 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 … | |||
| 40:40:22.0.1.1.2.1.1.69 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.098-3 Abbreviations. | EPA | [62 FR 54716, Oct. 21, 1997] | (a) The abbreviations in § 86.096-3 continue to apply. The abbreviations in this section apply beginning with the 1998 model year. (b) The abbreviations of this section apply to this subpart, and also to subparts B, E, F, G, K, M, N, and P of this part, and have the following meanings: T D —Dispensed fuel temperature ABT—Averaging, banking, and trading HDE—Heavy-duty engine T D —Dispensed fuel temperature ABT—Averaging, banking, and trading HDE—Heavy-duty engine | |||
| 40:40:22.0.1.1.2.1.1.7 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.001-23 Required data. | EPA | [61 FR 54887, Oct. 22, 1996, as amended at 62 FR 54720, Oct. 21, 1997; 79 FR 23687, Apr. 28, 2014] | Section 86.001-23 includes text that specifies requirements that differ from § 86.098-23. Where a paragraph in § 86.098-23 is identical and applicable to § 86.001-23, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.098-23.” (a)-(b)(1) [Reserved]. For guidance see § 86.098-23. (b)(2) For light-duty vehicles and light-duty trucks, the manufacturer shall submit evaporative emission and/or refueling emission deterioration factors for each evaporative/refueling emission family-emission control system combination and all test data that are derived from testing described under § 86.001-21(b)(4)(i) designed and conducted in accordance with good engineering practice to assure that the vehicles covered by a certificate issued under § 86.001-30 will meet the evaporative and/or refueling emission standards in § 86.099-8 or § 86.001-9, as appropriate, for the useful life of the vehicle. (b)(3) and (b)(4) [Reserved]. For guidance see § 86.098-23. (c) Emission data (1) [Reserved] (c)(2)-(e)(1) [Reserved]. For guidance see § 86.098-23. (e)(2) For evaporative and refueling emissions durability, or light-duty truck or HDE exhaust emissions durability, a statement of compliance with paragraph (b)(2) of this section or § 86.098-23 (b)(1)(ii), (b)(3), or (b)(4) as applicable. (3) For certification of vehicles with non-integrated refueling systems, a statement that the drivedown used to purge the refueling canister was the same as described in the manufacturer's application for certification. Furthermore, a description of the procedures used to determine the number of equivalent UDDS miles required to purge the refueling canisters, as determined by the provisions of § 86.001-21(b)(5)(v) and subpart B of this part. Furthermore, a written statement to the Administrator that all data, analyses, test procedures, evaluations and other documents, on which the above statement is based, are available to the Administrator upon request. (f)-(g) [Reserved] (h)-(m) [R… | |||
| 40:40:22.0.1.1.2.1.1.70 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.098-10 Emission standards for 1998 and later model year Otto-cycle heavy-duty engines and vehicles. | EPA | [58 FR 15800, Mar. 24, 1993, as amended at 59 FR 48501, Sept. 21, 1994; 62 FR 54716, Oct. 21, 1997; 65 FR 59955, Oct. 6, 2000; 75 FR 22979, Apr. 30, 2010] | Section 86.098-10 includes text that specifies requirements that differ from § 86.096-10. Where a paragraph in § 86.096-10 is identical and applicable to § 86.098-10, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.096-10.” (a)(1) Except as provided for 2003 and 2004 model years in §§ 86.005-10(f) and 86.1816-05, exhaust emissions from new 1998 and later model year Otto-cycle heavy-duty engines shall not exceed: (i) For Otto-cycle heavy-duty engines fueled with either gasoline or liquefied petroleum gas, and intended for use in all vehicles except as provided in paragraph (a)(3) of this paragraph. (A) Hydrocarbons. 1.1 grams per brake horsepower-hour (0.41 gram per megajoule), as measured under transient operating conditions. (B) Carbon monoxide. ( 1 ) 14.4 grams per brake horsepower-hour (5.36 grams per megajoule), as measured under transient operating conditions. ( 2 ) For Otto-cycle heavy-duty engines fueled with either gasoline or liquefied petroleum gas and utilizing aftertreatment technology: 0.50 percent of exhaust gas flow at curb idle. (C) Oxides of nitrogen ( 1 ) 4.0 grams per brake horsepower-hour (1.49 grams per megajoule), as measured under transient operating conditions. ( 2 ) A manufacturer may elect to include any or all of its gasoline-fueled Otto-cycle HDE families in any or all of the NO X or NO X plus NMHC ABT programs for HDEs, within the restrictions described in § 86.098-15 as applicable. If the manufacturer elects to include engine families in any of these programs, the NO X FELs may not exceed 5.0 grams per brake horsepower-hour (1.9 grams per megajoule). This ceiling value applies whether credits for the family are derived from averaging, trading or banking programs. ( 3 ) A manufacturer may elect to include any or all of its liquified petroleum gas-fueled Otto-cycle HDE families in any or all of the NO X or NO X plus NMHC ABT programs for HDEs, within the restrictions described in § 86.098-15 as … | |||
| 40:40:22.0.1.1.2.1.1.71 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.098-23 Required data. | EPA | [58 FR 16025, Mar. 24, 1993, as amended at 58 FR 34536, June 28, 1993; 59 FR 16290, Apr. 6, 1994; 62 FR 54717, Oct. 21, 1997; 75 FR 22979, Apr. 30, 2010; 79 FR 23691, Apr. 28, 2014] | (a) The manufacturer shall perform the tests required by the applicable test procedures and submit to the Administrator the information described in paragraphs (b) through (m) of this section, provided, however, that if requested by the manufacturer, the Administrator may waive any requirement of this section for testing of a vehicle (or engine) for which emission data are available or will be made available under the provisions of § 86.091-29. (b) Durability data. (1)(i) [Reserved] (ii) The manufacturer shall submit exhaust emission deterioration factors for light-duty trucks and HDEs and all test data that are derived from the testing described under § 86.094-21(b)(5)(i)(A), as well as a record of all pertinent maintenance. Such testing shall be designed and conducted in accordance with good engineering practice to assure that the engines covered by a certificate issued under § 86.098-30 will meet each emission standard (or family emission limit, as appropriate) in § 86.094-9, § 86.098-10, § 86.098-11 or superseding emissions standards sections as appropriate, in actual use for the useful life applicable to that standard. (2) [Reserved] (3) For heavy-duty vehicles equipped with gasoline-fueled or methanol-fueled engines, the manufacturer shall submit evaporative emission deterioration factors for each evaporative emission family-evaporative emission control system combination identified in accordance with § 86.094-21(b)(4)(ii). Furthermore, a statement that the test procedure(s) used to derive the deterioration factors includes, but need not be limited to, a consideration of the ambient effects of ozone and temperature fluctuations, and the service accumulation effects of vibration, time, and vapor saturation and purge cycling. The deterioration factor test procedure shall be designed and conducted in accordance with good engineering practice to assure that the vehicles covered by a certificate issued under § 86.098-30 will meet the evaporative emission standards in §§ 86.096-10 and 86.098-11 or supersedi… | |||
| 40:40:22.0.1.1.2.1.1.72 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.099-10 Emission standards for 1999 and later model year Otto-cycle heavy-duty engines and vehicles. | EPA | [58 FR 16026, Mar. 24, 1993, as amended at 59 FR 48503, Sept. 21, 1994; 60 FR 43888, Aug. 23, 1995; 65 FR 6848, Feb. 10, 2000] | Section 86.099-10 includes text that specifies requirements that differ from § 86.098-10. Where a paragraph in § 86.98-10 is identical and applicable to § 86.099-10, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.098-10.” (a) [Reserved]. For guidance see § 86.098-10. (b) Evaporative emissions from heavy-duty vehicles shall not exceed the following standards. The standards apply equally to certification and in-use vehicles. The spitback standard also applies to newly assembled vehicles. For certification vehicles only, manufacturers may conduct testing to quantify a level of nonfuel background emissions for an individual test vehicle. Such a demonstration must include a description of the source(s) of emissions and an estimated decay rate. The demonstrated level of nonfuel background emissions may be subtracted from emission test results from certification vehicles if approved in advance by the Administrator. (1) Hydrocarbons (for vehicles equipped with gasoline-fueled, natural gas-fueled or liquefied petroleum gas-fueled engines). (i) For vehicles with a Gross Vehicle Weight Rating of up to 14,000 lbs: (A)( 1 ) For the full three-diurnal test sequence described in § 86.1230-96, diurnal plus hot soak measurements: 3.0 grams per test. ( 2 ) For the supplemental two-diurnal test sequence described in § 86.1230-96, diurnal plus hot soak measurements (gasoline-fueled vehicles only): 3.5 grams per test. (B) Running loss test (gasoline-fueled vehicles only): 0.05 grams per mile. (C) Fuel dispensing spitback test (gasoline-fueled vehicles only): 1.0 gram per test. (ii) For vehicles with a Gross Vehicle Weight Rating of greater than 14,000 lbs: (A)( 1 ) For the full three-diurnal test sequence described in § 86.1230-96, diurnal plus hot soak measurements: 4.0 grams per test. ( 2 ) For the supplemental two-diurnal test sequence described in § 86.1230-96, diurnal plus hot soak measurements (gasoline-fueled vehicles only): 4.5 grams per test. … | |||
| 40:40:22.0.1.1.2.1.1.73 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.099-11 Emission standards for 1999 and later model year diesel heavy-duty engines and vehicles. | EPA | [58 FR 34537, June 28, 1993, as amended at 59 FR 48503, Sept. 21, 1994; 60 FR 43888, Aug. 23, 1995; 62 FR 54720, Oct. 21, 1997] | (a) Exhaust emissions from new 1999 and later model year diesel heavy-duty engines shall not exceed the following: (1)(i) Hydrocarbons (for diesel engines fueled with either petroleum-fuel or liquefied petroleum gas). 1.3 grams per brake horsepower-hour (0.48 gram per megajoule), as measured under transient operating conditions. (ii) Total Hydrocarbon Equivalent (for methanol-fueled diesel engines). 1.3 grams per brake horsepower-hour (0.48 gram per megajoule), as measured under transient operating conditions. (iii) Nonmethane hydrocarbons (for natural gas-fueled diesel engines). 1.2 grams per brake horsepower-hour (0.45 gram per megajoule), as measured under transient operating conditions. (2) Carbon monoxide. (i) 15.5 grams per brake horsepower-hour (5.77 grams per megajoule), as measured under transient operating conditions. (ii) 0.50 percent of exhaust gas flow at curb idle (methanol-, natural gas-, and liquefied petroleum gas-fueled diesel only). (3) Oxides of Nitrogen. (i) 4.0 grams per brake horsepower-hour (1.49 grams per megajoule), as measured under transient operating conditions. (ii) A manufacturer may elect to include any or all of its diesel HDE families in any or all of the NO X or NO X plus NMHC ABT programs for HDEs, within the restrictions described in § 86.098-15 as applicable. If the manufacturer elects to include engine families in any of these programs, the NO X FELs may not exceed 5.0 grams per brake horsepower-hour (1.9 grams per megajoule). This ceiling value applies whether credits for the family are derived from averaging, trading or banking programs. (4) Particulate. (i) For diesel engines to be used in urban buses, 0.05 gram per brake horsepower-hour (0.019 gram per megajoule) for certification testing and selective enforcement audit testing, and 0.07 gram per brake horsepower-hour (0.026 gram per megajoule) for in-use testing, as measured under transient operating conditions. (ii) For all other diesel engines only, 0.10 gram per brake horsepower-hour (0.037 gr… | |||
| 40:40:22.0.1.1.2.1.1.8 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.001-24 Test vehicles and engines. | EPA | [61 FR 54887, Oct. 22, 1996] | Section 86.001-24 includes text that specifies requirements that differ from § 86.096-24, § 86.098-24 or § 86.000-24. Where a paragraph in § 86.096-24, § 86.098-24 or § 86.000-9 is identical and applicable to § 86.001-24, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.096-24.” or “[Reserved]. For guidance see § 86.098-24.” or “[Reserved]. For guidance see § 86.000-24.” (a)-(a)(4) [Reserved]. For guidance see § 86.096-24. (a)(5)-(a)(7) [Reserved]. For guidance see § 86.098-24. (a)(8)-(b)(1) introductory text [Reserved]. For guidance see § 86.096-24. (b)(1)(i)-(b)(1)(ii) [Reserved]. For guidance see § 86.000-24. (b)(1)(iii)-(b)(1)(vi) [Reserved]. For guidance see § 86.096-24. (b)(1)(vii)(A)-(b)(1)(viii)(A) [Reserved]. For guidance see § 86.098-24. (b)(1)(viii)(B)-(e)(2) [Reserved]. For guidance see § 86.096-24. (f) Carryover and carryacross of durability and emission data. In lieu of testing an emission-data or durability vehicle (or engine) selected under § 86.096-24(b)(1) introductory text, (b)(1)(iii)-(b)(1)(vi) and § 86.000-24(b)(1)(i)-(b)(1)(ii) and § 86.098-24(b)(1)(vii)(A)-(b)(1)(viii)(A) or § 86.096-24(c), and submitting data therefor, a manufacturer may, with the prior written approval of the Administrator, submit exhaust emission data, evaporative emission data and/or refueling emission data, as applicable, on a similar vehicle (or engine) for which certification has been obtained or for which all applicable data required under § 86.001-23 has previously been submitted. (g)(1)-(g)(2) [Reserved]. For guidance see § 86.096-24. (g)(3)-(g)(4) [Reserved]. For guidance see § 86-000-24. (h) [Reserved]. For guidance see § 86.096-24. | |||
| 40:40:22.0.1.1.2.1.1.9 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.004-2 Definitions. | EPA | [62 FR 54720, Oct. 21, 1997, as amended at 65 FR 59945, Oct. 6, 2000; 66 FR 5159, Jan. 18, 2001; 77 FR 34145, June 8, 2012; 79 FR 46371, Aug. 8, 2014; 81 FR 73973, Oct. 25, 2016] | The definitions of § 86.001-2 continue to apply to 2001 and later model year vehicles. The definitions listed in this section apply beginning with the 2004 model year. Ambulance has the meaning given in § 86.1803. Defeat device means an auxiliary emission control device (AECD) that reduces the effectiveness of the emission control system under conditions which may reasonably be expected to be encountered in normal vehicle operation and use, unless: (1) Such conditions are substantially included in the applicable Federal emission test procedure for heavy-duty vehicles and heavy-duty engines described in subpart N of this part; (2) The need for the AECD is justified in terms of protecting the vehicle against damage or accident; (3) The AECD does not go beyond the requirements of engine starting; or (4) The AECD applies only for engines that will be installed in emergency vehicles, and the need is justified in terms of preventing the engine from losing speed, torque, or power due abnormal conditions of the emission control system, or in terms of preventing such abnormal conditions from occurring, during operation related to emergency response. Examples of such abnormal conditions may include excessive exhaust backpressure from an overloaded particulate trap, and running out of diesel exhaust fluid for engines that rely on urea-based selective catalytic reduction. Diesel exhaust fluid (DEF) means a liquid reducing agent (other than the engine fuel) used in conjunction with selective catalytic reduction to reduce NO X emissions. Diesel exhaust fluid is generally understood to be an aqueous solution of urea conforming to the specifications of ISO 22241. Emergency vehicle has the meaning given in 40 CFR 1037.801. Fire truck has the meaning given in § 86.1803. U.S.-directed production means the engines and/or vehicles (as applicable) produced by a manufacturer for which the manufacturer has reasonable assurance that sale was or will be made to ultimate purchasers in the United States, excluding engin… | |||
| 40:40:22.0.1.1.2.10.1.1 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | K | Subpart K—Selective Enforcement Auditing of New Heavy-Duty Engines | § 86.1001 Applicability. | EPA | [75 FR 22980, Apr. 30, 2010] | (a) The selective enforcement auditing program described in 40 CFR part 1068, subpart E, applies for all heavy-duty engines as described in this section. In addition, the provisions of 40 CFR 1068.10 and 1068.20 apply for any selective enforcement audits of these engines. (b) For heavy-duty engines, the prescribed test procedure is the Federal Test Procedure as described in subparts I, N, and P of this part (including provisions of 40 CFR part 1065 as specified in this part), except that they shall not be subject to the test procedures specified in §§ 86.1360(b)(2) and (f), 86.1370, 86.1372, and 86.1380. The Administrator may, on the basis of a written application by a manufacturer, approve optional test procedures other than those in subparts I, N, and P of this part for any heavy-duty vehicle which is not susceptible to satisfactory testing using the procedures in subparts I, N, and P of this part. | |||
| 40:40:22.0.1.1.2.11.1.1 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | L | Subpart L—Nonconformance Penalties for Gasoline-Fueled and Diesel Heavy-Duty Engines and Heavy-Duty Vehicles, Including Light-Duty Trucks | § 86.1101-87 Applicability. | EPA | [65 FR 59957, Oct. 6, 2000] | (a) The provisions of this subpart are applicable for 1987 and later model year gasoline-fueled and diesel heavy-duty engines and heavy-duty vehicles. These vehicles include light-duty trucks rated in excess of 6,000 pounds gross vehicle weight. (b) References in this subpart to engine families and emission control systems shall be deemed to apply to durability groups and test groups as applicable for manufacturers certifying new light-duty trucks and Otto-cycle complete heavy-duty vehicles under the provisions of subpart S of this part. | |||
| 40:40:22.0.1.1.2.11.1.10 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | L | Subpart L—Nonconformance Penalties for Gasoline-Fueled and Diesel Heavy-Duty Engines and Heavy-Duty Vehicles, Including Light-Duty Trucks | § 86.1110-87 Sample selection. | EPA | (a) Engines or vehicles comprising a test sample which are required to be tested pursuant to a PCA in accordance with this subpart will be selected at the location and in the manner specified by EPA. If a manufacturer determines that the test engines or vehicles cannot be selected in the manner specified by EPA, an alternative selection procedure may be employed, provided that the manufacturer requests approval of the alternative procedure in advance of the start of test sample selection and that the Administrator approves the procedure. (b) The manufacturer shall have assembled the test engines or vehicles of the configuration selected for testing using its normal mass production processes for engines or vehicles to be distributed into commerce. In the case of heavy-duty engines, if the test engines are selected at a location where they do not have their operational and emission control systems installed, EPA will specify the manner and location for selection of components to complete assembly of the engines. The manufacturer shall assemble these components onto the test engines using normal assembly and quality control procedures as documented by the manufacturer. (c) No quality control, testing, or assembly procedures will be used on the completed test engine or vehicle or any portion thereof, including parts and subassemblies, that will not be used during the production and assembly of all other engines or vehicles of that configuration. (d) The EPA Enforcement Officers may specify that they, rather than the manufacturer, will select the test engines or vehicles. (e) The order in which test engines or vehicles are selected determines the order in which test results are to be used in applying the PCA testing plan in accordance with § 86.1112-87. (f) The manufacturer shall keep on hand all engines or vehicles comprising the test sample until such time as a compliance level is determined in accordance with § 86.1112-87(a) except that the manufacturer may ship any tested engine or vehicle which has not faile… | ||||
| 40:40:22.0.1.1.2.11.1.11 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | L | Subpart L—Nonconformance Penalties for Gasoline-Fueled and Diesel Heavy-Duty Engines and Heavy-Duty Vehicles, Including Light-Duty Trucks | § 86.1111-87 Test procedures for PCA testing. | EPA | [50 FR 35388, Aug. 30, 1985, as amended at 62 FR 47123, Sept. 5, 1997] | (a)(1) For heavy-duty engines, the prescribed test procedure for PCA testing is the Federal Test Procedure as described in subparts N, I, and P of this part. (2) For heavy-duty vehicles, the prescribed test procedure for PCA testing is described in subpart M of this part. (3) For light-duty trucks, the prescribed test procedure for PCA testing is the Federal Test Procedure as described in subparts B and P of this part. (4) During the testing of heavy-duty diesel engines, the manufacturer shall decide for each engine, prior to the start of the initial cold cycle, whether the measurement of background particulate is required for the cold and hot cycles to be valid. The manufacturer may choose to have different requirements for the cold and hot cycles. If a manufacturer chooses to require the measurement of background particulate, failure to measure background particulate shall void the test cycle regardless of the test results. If a test cycle is void, the manufacturer shall retest using the same validity requirements of the initial test. (5) When testing light-duty trucks, the following exceptions to the test procedures in subpart B are applicable: (i) The manufacturer may use gasoline test fuel meeting the specifications of paragraph (a) of § 86.113 for mileage accumulation. Otherwise, the manufacturer may use fuels other than those specified in this section only with advance approval of the Administrator. (ii) The manufacturer may measure the temperature of the test fuel at other than the approximate midvolume of the fuel tank, as specified in paragraph (a) of § 86.131, and may drain the test fuel from other than the lowest point of the fuel tank, as specified in paragraph (b) of § 86.131, with the advance approval of the Administrator. (iii) The manufacturer may perform additional preconditioning on PCA test vehicles other than the preconditioning specified in § 86.132 only if the additional preconditioning has been performed on certification test vehicles of the same configuration. (iv) The manufacture… | |||
| 40:40:22.0.1.1.2.11.1.12 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | L | Subpart L—Nonconformance Penalties for Gasoline-Fueled and Diesel Heavy-Duty Engines and Heavy-Duty Vehicles, Including Light-Duty Trucks | § 86.1112-87 Determining the compliance level and reporting of test results. | EPA | [50 FR 35388, Aug. 30, 1985, as amended at 81 FR 73981, Oct. 25, 2016] | (a) A manufacturer that has elected to conduct a PCA in accordance with § 86.1106-87 may establish the compliance level for a pollutant for any engine or vehicle configuration by using the primary PCA sampling plan or either of two optional reduced PCA sampling plans (the fixed reduced sampling plan or the sequential reduced sampling plan) described below. A manufacturer that uses either of the two optional reduced PCA sampling plans may elect to continue testing and establish a compliance level under the primary PCA sampling plan. (1) A manufacturer that elects to conduct a PCA for a pollutant using the primary PCA sampling plan shall: (i) Conduct emission tests on 24 engines or vehicles in accordance with § 86.1111-87 for the pollutants for which the PCA was initiated. If the PCA follows an SEA failure, the number of additional tests conducted shall be the difference between 24 and the number of engines or vehicles tested in the SEA. If 24 or more engines or vehicles were tested in the SEA, no additional tests shall be conducted; and (ii) Rank the final deteriorated test results, as defined by paragraph (e) of this section, obtained for that pollutant in order from the lowest to the highest value. If the PCA follows an SEA failure, all SEA test results for that pollutant shall be included in this ranking. (iii) The compliance level for that pollutant is the final deteriorated test result in the sequence determined from table 1 of appendix XII of these regulations. (2) A manufacturer that elects to conduct a PCA for a pollutant using the fixed reduced PCA sampling plan shall: (i) Select a sample size between 3 and 23 engines or vehicles. If the PCA follows an SEA failure, the sample size selected cannot be less than the number of engines or vehicles tested during the SEA; and (ii) Conduct emission tests on the selected sample in accordance with § 86.1111-87 for the pollutants for which the PCA was initiated. (iii) The compliance level for the pollutant is the result of the following equation, using the t… | |||
| 40:40:22.0.1.1.2.11.1.13 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | L | Subpart L—Nonconformance Penalties for Gasoline-Fueled and Diesel Heavy-Duty Engines and Heavy-Duty Vehicles, Including Light-Duty Trucks | § 86.1113-87 Calculation and payment of penalty. | EPA | [50 FR 35388, Aug. 30, 1985, as amended at 50 FR 53467, Dec. 31, 1985; 53 FR 19134, May 26, 1988; 55 FR 46629, Nov. 5, 1990; 61 FR 51366, Oct. 2, 1996; 77 FR 54402, Sept. 5, 2012; 81 FR 73981, Oct. 25, 2016] | (a) The NCP for each engine or vehicle for which a compliance level has been determined under § 86.1112-87 is calculated according to the formula in paragraph (a)(1) or (a)(2) of this section depending on the value of the compliance level. Each formula contains an annual adjustment factor (AAF i ) which is defined in paragraph (a)(3) of this section. Other terms in the formulas are defined in paragraph (a)(4) of this section. (1) If the compliance level (CL) is greater than the standard and less than or equal to X (e.g., point CL 1 in figure 1), then: where: PR 1 = (F) (MC 50 ) where: PR 1 = (F) (MC 50 ) (2) If the compliance level is greater than X and less than or equal to the upper limit as determined by § 86.1104-87 (e.g., point CL 2 in figure 1), then: where: where: (3) AAF i has the following values: (i) If frac i−1 = 0, then AAF i = 1 + I i−1 (ii) If frac i−1 >0, then: If frac i−1 >0.50, then frac i−1 will be set equal to 0.50. (iii) AAF 1 = 1 (iv) In calculating the NCP for year n, the value frac i−1 for i = n will include actual NCP usage through March 31 of model year n-1 and EPA's estimate of additional usage for the remainder of model year n-1 using manufacturer input. All manufacturers using NCPs must report by subclass actual NCP and non-NCP production numbers through March 31, an estimate of NCP and non-NCP production for the remainder of the model year, and the previous year's actual NCP and non-NCP production to EPA no later than April 30 of the model year. If EPA is unable to obtain similar information from manufacturers not using NCPs, EPA will use projected sales data from the manufacturers' application for certification in computing the total production of the subclass and the frac i−1 . The value of frac i−1 will be corrected to reflect actual year-end usage of NCPs and a corrected AAF will be used to establish NCPs in future years. The correction of previous year's AAF will not affect the previous year's penalty. (4) The terms in the above formulas have the fol… | |||
| 40:40:22.0.1.1.2.11.1.14 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | L | Subpart L—Nonconformance Penalties for Gasoline-Fueled and Diesel Heavy-Duty Engines and Heavy-Duty Vehicles, Including Light-Duty Trucks | § 86.1114-87 Suspension and voiding of certificates of conformity. | EPA | (a) The certificate of conformity is suspended with respect to any engine or vehicle failing pursuant to paragraph (f) of § 86.1112-87 effective from the time that a fail decision is made for that engine or vehicle. (b) Once a certificate has been suspended for a failed engine or vehicle as provided for in paragraph (a) of this section, the manufacturer shall take the following actions: (1) Before the certificate is reinstated for that failed engine or vehicle, (i) Remedy the nonconformity, and (ii) Demonstrate that the engine or vehicle conforms to the applicable standards or compliance levels by retesting the engine or vehicle in accordance with these regulations; and (2) Submit a written report to the Administrator within five working days after successful completion of testing on the failed engine or vehicle, which contains a description of the remedy and test results for each engine or vehicle in addition to other information that may be required by this regulation. (c) The Administrator may suspend the certificate of conformity if the manufacturer, after electing to conduct a PCA, fails to adhere to the requirements stated in § 86.1106-87(b)(3), (b)(6)(iii), (c)(2), or (c)(5)(iii). (d) The Administrator may suspend the qualified certificate of conformity issued under the conditions specified in § 86.1106-87 if the manufacturer fails to adhere to the requirements stated in § 86.1106-87(a)(3), (a)(4)(iii), (d)(2)(iii), or (d)(3). (e) The Administrator may suspend the certificate of conformity or the qualified certificate of conformity if the compliance level as determined in § 86.1112-87(a) is in excess of the upper limit. (f) The Administrator may void the certificate of conformity if the compliance level as determined in § 86.1112-87(a) is in excess of the upper limit and the manufacturer fails to recall any engines or vehicles introduced into commerce pursuant to § 86.1106-87(a)(4)(ii), (b)(6)(ii), (c)(5)(ii) or (d)(2)(ii). (g) The Administrator may void the certificate of conformity for those en… | ||||
| 40:40:22.0.1.1.2.11.1.15 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | L | Subpart L—Nonconformance Penalties for Gasoline-Fueled and Diesel Heavy-Duty Engines and Heavy-Duty Vehicles, Including Light-Duty Trucks | § 86.1115-87 Hearing procedures for nonconformance determinations and penalties. | EPA | [81 FR 73981, Oct. 25, 2016] | The provisions of 40 CFR part 1068, subpart G, apply if a manufacturer requests a hearing regarding penalties under this subpart. | |||
| 40:40:22.0.1.1.2.11.1.16 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | L | Subpart L—Nonconformance Penalties for Gasoline-Fueled and Diesel Heavy-Duty Engines and Heavy-Duty Vehicles, Including Light-Duty Trucks | § 86.1116-87 Treatment of confidential information. | EPA | [50 FR 34798, Aug. 27, 1985, as amended at 57 FR 5334, Feb. 13, 1992] | (a) Any manufacturer may assert that some or all of the information submitted pursuant to this subpart is entitled to confidential treatment as provided by 40 CFR part 2, subpart B. (b) Any claim of confidentiality must accompany the information at the time it is submitted to EPA. (c) To assert that information submitted pursuant to this subpart is confidential, a manufacturer must indicate clearly the items of information claimed confidential by marking, circling, bracketing, stamping, or otherwise specifying the confidential information. Furthermore, EPA requests, but does not require, that the submitter also provide a second copy of its submittal from which all confidential information has been deleted. If a need arises to publicly release nonconfidential information, EPA will assume that the submitter has accurately deleted the confidential information from this second copy. (d) If a claim is made that some or all of the information submitted pursuant to this subpart is entitled to confidential treatment, the information covered by that confidentiality claim will be disclosed by the Environmental Appeals Board only to the extent and by means of the procedures set forth in part 2, subpart B, of this chapter. (e) Information provided without a claim of confidentiality at the time of submission may be made available to the public by EPA without further notice to the submitter, in accordance with 40 CFR 2.204(c)(2)(i)(A). | |||
| 40:40:22.0.1.1.2.11.1.17 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | L | Subpart L—Nonconformance Penalties for Gasoline-Fueled and Diesel Heavy-Duty Engines and Heavy-Duty Vehicles, Including Light-Duty Trucks | § 86.1117 Labeling. | EPA | [88 FR 4475, Jan. 24, 2023] | (a) Light-duty trucks and heavy-duty vehicles and engines for which nonconformance penalties are to be paid in accordance with § 86.1113-87(b) must have information printed on the emission control information label or a supplemental label as follows. (1) The manufacturer must begin labeling production engines or vehicles within 10 days after the completion of the PCA. (2) This statement shall read: “The manufacturer of this [engine or vehicle, as applicable] will pay a nonconformance penalty to be allowed to introduce it into U.S. commerce at an emission level higher than the applicable emission standard. The [compliance level or alternative emission standard] for this engine/vehicle is [insert the applicable pollutant and compliance level calculated in accordance with § 86.1112-87(a)].” (3) If a manufacturer introduces an engine or vehicle into U.S. commerce prior to the compliance level determination of § 86.1112-87(a), it must provide the engine or vehicle owner with a label as described in paragraph (a)(2) of this section to be affixed in a location in proximity to the emission control information label within 30 days of the completion of the PCA. (b) The Administrator may approve in advance other label content and formats, provided the alternative label contains information consistent with this section. | |||
| 40:40:22.0.1.1.2.11.1.2 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | L | Subpart L—Nonconformance Penalties for Gasoline-Fueled and Diesel Heavy-Duty Engines and Heavy-Duty Vehicles, Including Light-Duty Trucks | § 86.1102-87 Definitions. | EPA | [50 FR 35388, Aug. 30, 1985, as amended at 55 FR 46628, Nov. 5, 1990; 79 FR 23703, Apr. 28, 2014] | (a) The definitions in this section apply to this subpart. (b) As used in this subpart, all terms not defined herein have the meaning given them in the Act. Compliance level means the deteriorated pollutant emissions level at the 60th percentile point for a population of heavy-duty engines or heavy-duty vehicles subject to Production Compliance Audit testing pursuant to the requirements of this subpart. A compliance level for a population can only be determined for a pollutant for which an upper limit has been established in this subpart. Configuration means a subdivision, if any, of a heavy-duty engine family for which a separate projected sales figure is listed in the manufacturer's Application for Certification and which can be described on the basis of emission control system, governed speed, injector size, engine calibration, or other parameters which may be designated by the Administrator, or a subclassification of light-duty truck engine family emission control system combination on the basis of engine code, inertia weight class, transmission type and gear ratios, rear axle ratio, or other parameters which may be designated by the Administrator. NCP means a nonconformance penalty as described in section 206(g) of the Clean Air Act and in this subpart. PCA means Production Compliance Audit as described in § 86.1106-87 of this subpart. Round has the meaning given in 40 CFR 1065.1001. Subclass means a classification of heavy-duty engines of heavy-duty vehicles based on such factors as gross vehicle weight rating, fuel usage (gasoline-, diesel-, and methanol-fueled), vehicle usage, engine horsepower or additional criteria that the Administrator shall apply. Subclasses include, but are not limited to: (i) Light-duty gasoline-fueled Otto cycle trucks (6,001-8,500 lb. GVW) (ii) Light-duty methanol-fueled Otto cycle trucks (6,001-8,500 lb. GVW) (iii) Light-duty petroleum-fueled diesel trucks (6,001-8,500 lb. GVW) (iv) Light-duty methanol-fueled diesel trucks (6,001-8,500 lb. GVW) (v) Light heavy-… | |||
| 40:40:22.0.1.1.2.11.1.3 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | L | Subpart L—Nonconformance Penalties for Gasoline-Fueled and Diesel Heavy-Duty Engines and Heavy-Duty Vehicles, Including Light-Duty Trucks | § 86.1103-2016 Criteria for availability of nonconformance penalties. | EPA | [81 FR 73980, Oct. 25, 2016] | (a) General. This section describes the three criteria EPA will use to use to evaluate whether NCPs are appropriate under the Clean Air Act for a given pollutant and a given subclass of heavy-duty engines and heavy-duty vehicles. Together, these criteria evaluate the likelihood that a manufacturer will be technologically unable to meet a standard on time. Note that since the first two of these criteria are intended to address the question of whether a given standard creates the possibility for this to occur, they are evaluated before the third criterion that addresses the likelihood that the possibility will actually happen. (b) Criteria. We will establish NCPs for a given pollutant and subclass when we find that each of the following criteria is met: (1) There is a new or revised emission standard is more stringent than the previous standard for the pollutant, or an existing standard for that pollutant has become more difficult to achieve because of a new or revised standard. When evaluating this criterion, EPA will consider a new or revised standard to be “new” or “revised” until the point at which all manufacturers already producing U.S.-directed engines or vehicles within the subclass have achieved full compliance with the standard. For purposes of this criterion, EPA will generally not consider compliance using banked emission credits to be “full compliance”. (2) Substantial work is required to meet the standard for which the NCP is offered, as evaluated from the point at which the standard was adopted or revised (or the point at which the standard became more difficult meet because another standard was adopted or revised). Substantial work, as used in this paragraph (b)(2), means the application of technology not previously used in an engine or vehicle class or subclass, or the significant modification of existing technology or design parameters, needed to bring the vehicle or engine into compliance with either the more stringent new or revised standard or an existing standard which becomes more diff… | |||
| 40:40:22.0.1.1.2.11.1.4 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | L | Subpart L—Nonconformance Penalties for Gasoline-Fueled and Diesel Heavy-Duty Engines and Heavy-Duty Vehicles, Including Light-Duty Trucks | § 86.1104-2016 Determination of upper limits. | EPA | [81 FR 73981, Oct. 25, 2016] | EPA shall set a separate upper limit for each phase of NCPs and for each service class. (a) Except as provided in paragraphs (b), (c) and (d) of this section, the upper limit shall be set as follows: (1) The upper limit applicable to a pollutant emission standard for a subclass of heavy-duty engines or heavy-duty vehicles for which an NCP is established in accordance with § 86.1103-87, shall be the previous pollutant emission standard for that subclass. (2) If a manufacturer participates in any of the emissions averaging, trading, or banking programs, and carries over certification of an engine family from the prior model year, the upper limit for that engine family shall be the family emission limit of the prior model year, unless the family emission limit is less than the upper limit determined in paragraph (a)(1) of this section. (b) If no previous standard existed for the pollutant under paragraph (a) of this section, the upper limit will be developed by EPA during rulemaking. (c) EPA may set the upper limit during rulemaking at a level below the level specified in paragraph (a) of this section if we determine that a lower level is achievable by all engines or vehicles in that subclass. (d) EPA may set the upper limit at a level above the level specified in paragraph (a) of this section if we determine that such level will not be achievable by all engines or vehicles in that subclass. | |||
| 40:40:22.0.1.1.2.11.1.5 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | L | Subpart L—Nonconformance Penalties for Gasoline-Fueled and Diesel Heavy-Duty Engines and Heavy-Duty Vehicles, Including Light-Duty Trucks | § 86.1105-87 Emission standards for which nonconformance penalties are available. | EPA | [50 FR 53466, Dec. 31, 1985, as amended at 52 FR 47870, Dec. 16, 1987; 53 FR 43878, Oct. 31, 1988; 56 FR 64712, Dec. 12, 1991; 58 FR 15802, Mar. 24, 1993; 58 FR 68540, Dec. 28, 1993; 60 FR 33925, June 29, 1995; 61 FR 6949, 6953, Feb. 23, 1996; 67 FR 51477, Aug. 8, 2002; 69 FR 18803, Apr. 9, 2004; 77 FR 4687, Jan. 31, 2012; 77 FR 54402, Sept. 5, 2012; 79 FR 23703, Apr. 28, 2014; 81 FR 73981, Oct. 25, 2016] | (a)-(b) [Reserved] (c) Effective in the 1991 model year, NCPs will be available for the following additional emission standards: (1) [Reserved] (2) Petroleum-fueled diesel heavy-duty engine oxides of nitrogen standard of 5.0 grams per brake horsepower-hour. (i) For petroleum-fueled light heavy-duty diesel engines: (A) The following values shall be used to calculate an NCP in accordance with § 86.1113-87(a): ( 1 ) COC 50 : $830. ( 2 ) COC 90 : $946. ( 3 ) MC 50 : $1,167 per gram per brake horsepower-hour. ( 4 ) F: 1.2. (B) The following factor shall be used to calculate the engineering and development component of the NCP in accordance with § 86.1113-87(h): 0.12. (ii) For petroleum-fueled medium heavy-duty diesel engines: (A) The following values shall be used to calculate an NCP in accordance with § 86.1113-87(a): ( 1 ) COC 50 : $905. ( 2 ) COC 90 : $1,453. ( 3 ) MC 50 : $1,417 per gram per brake horsepower-hour. ( 4 ) F: 1.2. (B) The following factor shall be used to calculate the engineering and development component of the NCP in accordance with § 86.1113-87(h): 0.11. (iii) For petroleum-fueled heavy-duty diesel engines: (A) The following values shall be used to calculate an NCP in accordance with § 86.1113-87(a): ( 1 ) COC 50 : $930. ( 2 ) COC 90 : $1,590. ( 3 ) MC 50 : $2,250 per gram per brake horsepower-hour. ( 4 ) F: 1.2. (B) The following factor shall be used to calculate the engineering and development component of the NCP in accordance with § 86.1113-87(h): 0.11. (3) Petroleum-fueled diesel light-duty trucks (between 6,001 and 14,000 lbs GVW) particulate matter emission standard of 0.13 grams per vehicle mile. (i) The following values shall be used to calculate an NCP in accordance with § 86.1113-87(a): (A) COC 50 : $711. (B) COC 90 : $1,396. (C) MC 50 : $2,960 per gram per brake horsepower-hour. (D) F: 1.2. (ii) The following factor shall be used to calculate the engineering and development component of the NCP in accordance with § 86.1113-87(h): 0.01. (d) Effective in … | |||
| 40:40:22.0.1.1.2.11.1.6 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | L | Subpart L—Nonconformance Penalties for Gasoline-Fueled and Diesel Heavy-Duty Engines and Heavy-Duty Vehicles, Including Light-Duty Trucks | § 86.1106-87 Production compliance auditing. | EPA | [50 FR 35388, Aug. 30, 1985, as amended at 58 FR 68540, Dec. 28, 1993] | For a model year in which upper limits for heavy-duty engine or heavy-duty vehicle emission standards for one or more exhaust pollutants are specified in § 86.1105-87, a manufacturer may elect to conduct a Production Compliance Audit (PCA) for each engine or vehicle configuration satisfying the following conditions: (a) Certification test results, pursuant to § 86.082-23, exceed the emission standard for a particular pollutant but do not exceed the upper limit established for that pollutant. In that event, the manufacturer will be offered a qualified certificate of conformity allowing for the introduction into commerce of the specified engine family, Provided, That: (1) The manufacturer must agree to conduct a PCA of those engines or vehicles; (2) PCA testing must be conducted on the same configurations that exceeded the standard in certification. In lieu of that requirement, the Administrator may approve testing of a greater or lesser number of configurations provided the manufacturer agrees to pay the NCP determined from the CL of each tested configuration for that configuration and for other non-tested configurations that have similar emission characteristics. If an acceptable showing of similar emission characteristics is not made, the highest CL of the configurations tested will apply to all non-tested configurations exceeding the standard. (3) The selection of engines or vehicles for PCA testing must be initiated no later than five (5) days after the start of assembly-line production of the specified engine or vehicle configuration, unless that period is extended by the Administrator; (4) The manufacturer must agree: (i) To pay the NCP amount calculated as a result of PCA testing on each engine or vehicle, unless the manufacturer successfully challenges the Administrator's determination of the compliance level or penalty calculation or both under § 86.1115-87(c); (ii) To recall any engines or vehicles introduced into commerce, without invoking the procedural requirements of section 207(c) of the Cl… | |||
| 40:40:22.0.1.1.2.11.1.7 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | L | Subpart L—Nonconformance Penalties for Gasoline-Fueled and Diesel Heavy-Duty Engines and Heavy-Duty Vehicles, Including Light-Duty Trucks | § 86.1107-87 Testing by the Administrator. | EPA | (a) The Administrator may require that engines or vehicles of a specified configuration be selected in a manner consistent with the requirements of § 86.1110-87 and submitted to him at such place as he may designate for the purpose of conducting emission tests in accordance with § 86.1111-87 to determine whether engines or vehicles manufactured by the manufacturer conform with the regulations of this subpart. (b)(1) Whenever the Administrator conducts a test on a test engine or vehicle or the Administrator and manufacturer each conduct a test on the same test engine or vehicle, the results of the Administrator's test will comprise the official data for that engine or vehicle. (2) Whenever the manufacturer conducts all tests on a test engine or vehicle, the manufacturer's test data will be accepted as the official data, provided that if the Administrator makes a determination based on testing under paragraph (a) of this section that there is a substantial lack of agreement between the manufacturer's test results and the Administrator's test results, no manufacturer's test data from the manufacturer's test facility will be accepted for purposes of this subpart. (c) If the Administrator determines that testing conducted under paragraph (a) of this section demonstrates a lack of agreement under paragraph (b)(2) of this section, the Administrator shall: (1) Notify the manufacturer in writing of his determination that the manufacturer's test facility is inappropriate for conducting the tests required by this subpart and the reasons therefore; and (2) Reinstate any manufacturer's data only upon a showing by the manufacturer that the data acquired under paragraph (a) of this section was erroneous and the manufacturer's data was correct. (d) The manufacturer may request in writing that the Administrator reconsider his determination in paragraph (b)(2) of this section based on data or information which indicates that changes have been made to the test facility and that these changes have resolved the reasons for disq… | ||||
| 40:40:22.0.1.1.2.11.1.8 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | L | Subpart L—Nonconformance Penalties for Gasoline-Fueled and Diesel Heavy-Duty Engines and Heavy-Duty Vehicles, Including Light-Duty Trucks | § 86.1108-87 Maintenance of records. | EPA | [50 FR 35388, Aug. 30, 1985, as amended at 70 FR 40437, July 13, 2005] | (a) The manufacturer of any new gasoline-fueled or diesel heavy-duty engine or heavy-duty vehicle subject to any of the provisions of this subpart shall establish, maintain, and retain the following adequately organized and indexed records: (1) General records. A description of all equipment used to test engines or vehicles in accordance with § 86.1111-87, pursuant to PCA testing under this subpart, specifically; (i) If testing heavy-duty gasoline engines, the equipment requirements specified in 40 CFR part 1065, subparts B and C; (ii) If testing heavy-duty diesel engines, the equipment requirements specified in 40 CFR part 1065, subparts B and C; (iii) If testing light-duty gasoline-fueled trucks, the equipment requirements specified in §§ 86.106 (excluding all references to particulate emission testing) and 86.1506-84 of this part; and (iv) If testing light-duty diesel trucks, the equipment requirements specified in § 86.106 (excluding all references to evaporative emission testing) of this part. (2) Individual records. These records pertain to each Production Compliance Audit conducted pursuant to this subpart. (i) The date, time, and location of each test; (ii) The number of hours of service accumulated on the engine or the number of miles on the vehicle when the test began and ended; (iii) The names of all supervisory personnel involved in the conduct of the Production Compliance Audit; (iv) A record and description of any repair performed, giving the date and time of the repair, the reason for it, the person authorizing it, and the names of all personnel involved in the supervision and performance of the repair; (v) The date when the engine or vehicle was shipped from the assembly plant or associated storage facility and when it was received at the testing facility; (vi) A complete record of all emission tests performed pursuant to this subpart (except tests performed by EPA directly), including all individual worksheets and/or other documentation relating to each test, or exact copies there… | |||
| 40:40:22.0.1.1.2.11.1.9 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | L | Subpart L—Nonconformance Penalties for Gasoline-Fueled and Diesel Heavy-Duty Engines and Heavy-Duty Vehicles, Including Light-Duty Trucks | § 86.1109-87 Entry and access. | EPA | (a) To allow the Administrator to determine whether a manufacturer is complying with the provisions of this subpart, EPA Enforcement Officers are authorized to enter any of the following (during operating hours and upon presentation of credentials): (1) Any facility where any engine or vehicle to be introduced into commerce or any emission related component is manufactured, assembled, or stored; (2) Any facility where any tests conducted pursuant to a PCA request or any procedures or activities connected with these tests are or were performed; (3) Any facility where any engine or vehicle which is being tested, was tested, or will be tested is present; and (4) Any facility where any record or other document relating to any of the above is located. (b) Upon admission to any facility referred to in paragraph (a) of this section, EPA Enforcement Officers are authorized to perform the following inspection-related activities: (1) To inspect and monitor any aspects of engine or vehicle manufacture, assembly, storage, testing and other procedures, and the facilities in which these procedures are conducted. (2) To inspect and monitor any aspect of engine or vehicle test procedures or activities, including, but not limited to, monitoring engine or vehicle selection, preparation, service or mileage accumulation, preconditioning, repairs, emission test cycles, and maintenance; and to verify calibration of test equipment; (3) To inspect and make copies of any records or documents related to the assembly, storage, selection and testing of an engine or vehicle; and (4) To inspect and photograph any part or aspect of any engine or vehicle and any component used in the assembly thereof that is reasonably related to the purpose of the entry. (c) EPA Enforcement Officers are authorized to obtain reasonable assistance without cost from those in charge of a facility to help them perform any function listed in this subpart and are authorized to request the manufacturer conducting the PCA to make arrangement with those in cha… | ||||
| 40:40:22.0.1.1.2.13.1.1 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | N | Subpart N—Exhaust Test Procedures for Heavy-duty Engines | § 86.1301 Scope; applicability. | EPA | [88 FR 4475, Jan. 24, 2023] | (a) This subpart specifies gaseous emission test procedures for Otto-cycle and diesel heavy-duty engines, and particulate emission test procedures for diesel heavy-duty engines. (b) You may optionally demonstrate compliance with the emission standards of this part by testing hybrid engines and hybrid powertrains using the test procedures in 40 CFR part 1036, rather than testing the engine alone. If you choose this option, you may meet the supplemental emission test (SET) requirements by using the SET duty cycle specified in either § 86.1362 or 40 CFR 1036.510. Except as specified, provisions of this subpart and subpart A of this part that reference engines apply equally to hybrid engines and hybrid powertrains. (c) The abbreviations and acronyms from subpart A of this part apply to this subpart. | |||
| 40:40:22.0.1.1.2.13.1.2 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | N | Subpart N—Exhaust Test Procedures for Heavy-duty Engines | § 86.1305 Introduction; structure of subpart. | EPA | [79 FR 23703, Apr. 28, 2014, as amended at 79 FR 46371, Aug. 8, 2014] | (a) This subpart specifies the equipment and procedures for performing exhaust-emission tests on Otto-cycle and diesel-cycle heavy-duty engines. Subpart A of this part sets forth the emission standards and general testing requirements to comply with EPA certification procedures. (b) Use the applicable equipment and procedures for spark-ignition or compression-ignition engines in 40 CFR part 1065 to determine whether engines meet the duty-cycle emission standards in subpart A of this part. Measure the emissions of all regulated pollutants as specified in 40 CFR part 1065. Use the duty cycles and procedures specified in §§ 86.1333, 86.1360, and 86.1362. Adjust emission results from engines using aftertreatment technology with infrequent regeneration events as described in § 86.004-28. (c) The provisions in §§ 86.1370 and 86.1372 apply for determining whether an engine meets the applicable not-to-exceed emission standards. (d) Measure smoke using the procedures in subpart I of this part for evaluating whether engines meet the smoke standards in subpart A of this part. (e) Use the fuels specified in 40 CFR part 1065 to perform valid tests, as follows: (1) For service accumulation, use the test fuel or any commercially available fuel that is representative of the fuel that in-use engines will use. (2) For diesel-fueled engines, use the ultra low-sulfur diesel fuel specified in 40 CFR part 1065 for emission testing. (3) For gasoline-fueled engines, use the appropriate E10 fuel specified in 40 CFR part 1065; however, through model year 2021 you may instead use the appropriate E0 fuel specified in 40 CFR part 1065, with the exception that the E0 fuel must have sulfur concentration between 0.0015 and 0.008 weight percent and research octane of at least 93. Starting in model year 2022, you may certify up to 5 percent of your nationwide sales volume of engines certified under subpart A of this part in a given model year based on this E0 test fuel if those engines are certified with carryover data. (f) You may use sp… | |||
| 40:40:22.0.1.1.2.13.1.3 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | N | Subpart N—Exhaust Test Procedures for Heavy-duty Engines | § 86.1333 Transient test cycle generation. | EPA | [70 FR 40438, July 13, 2005, as amended at 73 FR 37192, June 30, 2008; 79 FR 23704, Apr. 28, 2014] | (a) Generating transient test cycles. The heavy-duty transient engine cycles for Otto-cycle and diesel engines are listed in appendix I((f) (1), (2) and (3)) to this part. These second-by-second listings represent torque and rpm maneuvers characteristic of heavy-duty engines. Both rpm and torque are normalized (expressed as a percentage of maximum) in these listings. (1) To unnormalize rpm, use the following equations: (i) For diesel engines: Where: Max Test Speed = the maximum test speed as calculated in 40 CFR part 1065. (ii) For Otto-cycle engines: Where: Max Test Speed = the maximum test speed as calculated in 40 CFR part 1065. (ii) For Otto-cycle engines: Where: Max Test Speed = the maximum test speed as calculated in 40 CFR part 1065. Where: Max Test Speed = the maximum test speed as calculated in 40 CFR part 1065. (2) Torque is normalized to the maximum torque at the rpm listed with it. Therefore, to unnormalize the torque values in the cycle, the maximum torque curve for the engine in question must be used. The generation of the maximum torque curve is described in 40 CFR part 1065. (b) Example of the unnormalization procedure. Unnormalize the following test point, given Maximum Test speed = 3800 rpm and Curb Idle Speed = 600 rpm. (1) Calculate actual rpm: (2) Determine actual torque: Determine the maximum observed torque at 1829 rpm from the maximum torque curve. Then multiply this value (e.g., 358 ft-lbs) by 0.82. This results in an actual torque of 294 ft-lbs. (c) Clutch operation. Manual transmission engines may be tested with a clutch. If used, the clutch shall be disengaged at all zero percent speeds, zero percent torque points, but may be engaged up to two points preceding a non-zero point, and may be engaged for time segments with zero percent speed and torque points of durations less than four seconds. (d) Determine idle speeds as specified in 40 CFR 1065.510. | |||
| 40:40:22.0.1.1.2.13.1.4 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | N | Subpart N—Exhaust Test Procedures for Heavy-duty Engines | § 86.1360 Supplemental emission test; test cycle and procedures. | EPA | [65 FR 59958, Oct. 6, 2000, as amended at 66 FR 5188, Jan. 18, 2001; 70 FR 40439, July 13, 2005; 71 FR 51487, Aug. 30, 2006; 73 FR 37192, June 30, 2008. Redesignated and amended at 79 FR 23704, Apr. 28, 2014] | The test procedures of this subpart N apply for supplemental emission testing, except as specified otherwise in this section. (a) Applicability. This section applies to 2007 and later diesel heavy duty engines. (b) Test cycle. (1) Perform testing as described in § 86.1362 for determining whether an engine meets the applicable standards when measured over the supplemental emission test. (2) For engines not certified to a NO X standard or FEL less than 1.5 g/bhp-hr, EPA may select, and require the manufacturer to conduct the test using, up to three discrete test points within the control area defined in paragraph (d) of this section. EPA will notify the manufacturer of these supplemental test points in writing in a timely manner before the test. Emission sampling for these discrete test modes must include all regulated pollutants except particulate matter. (3) For engines certified using the ramped-modal cycle specified in § 86.1362, perform the three discrete test points described in paragraph (b)(2) of this section as follows: (i) Allow the engine to idle as needed to complete equipment checks following the supplemental emission test described in this section, then operate the engine over the three additional discrete test points. (ii) Validate the additional discrete test points as a composite test separate from the supplemental emission test, but in the same manner. (iii) Use the emission data collected during the time interval from 35 to 5 seconds before the end of each mode (excluding transitions) to perform the MAEL calculations in paragraph (f) of this section. (c) The engine speeds A, B and C, referenced in the table in paragraph (b)(1) of this section, must be determined as follows: Speed A = n lo + 0.25 × (n hi − n lo ) Speed B = n lo + 0.50 × (n hi − n lo ) Speed C = n lo + 0.75 × (n hi − n lo ) Where: n hi = High speed as determined by calculating 70% of the maximum power. The highest engine speed where this power value occurs on the power curve is defined as n hi . n lo = L… | |||
| 40:40:22.0.1.1.2.13.1.5 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | N | Subpart N—Exhaust Test Procedures for Heavy-duty Engines | § 86.1362 Steady-state testing with a ramped-modal cycle. | EPA | [86 FR 34367, June 29, 2021, as amended at 88 FR 4476, Jan. 24, 2023] | (a) This section describes how to test engines under steady-state conditions. Perform ramped-modal testing as described in 40 CFR 1036.505 and 40 CFR part 1065, except as specified in this section. (b) Measure emissions by testing the engine on a dynamometer with the following ramped-modal duty cycle to determine whether it meets the applicable steady-state emission standards in this part and 40 CFR part 1036: | |||
| 40:40:22.0.1.1.2.13.1.6 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | N | Subpart N—Exhaust Test Procedures for Heavy-duty Engines | § 86.1370 Not-To-Exceed test procedures. | EPA | [65 FR 59961, Oct. 6, 2000, as amended at 66 FR 5188, Jan. 18, 2001; 70 FR 40441, July 13, 2005; 75 FR 68457, Nov. 8, 2010; 77 FR 34146, June 8, 2012. Redesignated and amended at 79 FR 23705, Apr. 28, 2014; 81 FR 73982, Oct. 25, 2016] | (a) General. The purpose of this test procedure is to measure in-use emissions of heavy-duty diesel engines while operating within a broad range of speed and load points (the Not-To-Exceed Control Area) and under conditions which can reasonably be expected to be encountered in normal vehicle operation and use. Emission results from this test procedure are to be compared to the Not-To-Exceed Limits specified in § 86.007-11(a)(4), or to later Not-To-Exceed Limits. The Not-To-Exceed Limits do not apply for engine-starting conditions. Tests conducted using the procedures specified in this subpart are considered valid Not-To-Exceed tests (Note: duty cycles and limits on ambient conditions do not apply for Not-To-Exceed tests). (b) Not-to-exceed control area for diesel heavy-duty engines. The Not-To-Exceed Control Area for diesel heavy-duty engines consists of the following engine speed and load points: (1) All operating speeds greater than the speed calculated using the following formula, where n hi and n lo are determined according to the provisions in § 86.1360(c): n lo + 0.15 × (n hi -n lo ) (2) All engine load points greater than or equal to 30% or more of the maximum torque value produced by the engine. (3) Notwithstanding the provisions of paragraphs (b)(1) and (2) of this section, all operating speed and load points with brake specific fuel consumption (BSFC) values within 5% of the minimum BSFC value of the engine. For the purposes of this requirement, BFSC must be calculated under the general test cell conditions specified in 40 CFR part 1065. The manufacturer may petition the Administrator at certification to exclude such points if the manufacturer can demonstrate that the engine is not expected to operate at such points in normal vehicle operation and use. Engines equipped with drivelines with multi-speed manual transmissions or automatic transmissions with a finite number of gears are not subject to the requirements of this paragraph (b)(3). (4) Notwithstanding the provisions of paragraphs (b)… | |||
| 40:40:22.0.1.1.2.13.1.7 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | N | Subpart N—Exhaust Test Procedures for Heavy-duty Engines | § 86.1372 Measuring smoke emissions within the NTE zone. | EPA | [65 FR 59962, Oct. 6, 2000. Redesignated at 79 FR 23706, Apr. 28, 2014; 88 FR 4478, Jan. 24, 2023] | This section contains the measurement techniques to be used for determining compliance with the filter smoke limit or opacity limits in § 86.007-11(b)(1)(iv). (a) For steady-state or transient smoke testing using full-flow opacimeters, use equipment meeting the requirements of 40 CFR part 1065, subpart L. (1) All full-flow opacimeter measurements shall be reported as the equivalent percent opacity for a five inch effective optical path length using the Beer-Lambert relationship. (2) Zero and full-scale (100 percent opacity) span shall be adjusted prior to testing. (3) Post test zero and full scale span checks shall be performed. For valid tests, zero and span drift between the pre-test and post-test checks shall be less than two percent of full-scale. (4) Opacimeter calibration and linearity checks shall be performed using manufacturer's recommendations or good engineering practice. (b) For steady-state testing using a filter-type smokemeter, equipment meeting the requirements of ISO/FDIS-10054 “Internal combustion compression-ignition engines—Measurement apparatus for smoke from engines operating under steady-state conditions—Filter-type smokemeter” is recommended. Other equipment may be used provided it is approved in advance by the Administrator. (1) All filter-type smokemeter results shall be reported as a filter smoke number (FSN) that is similar to the Bosch smoke number (BSN) scale. (2) Filter-type smokemeters shall be calibrated every 90 days using manufacturer's recommended practices or good engineering practice. (c) For steady-state testing using a partial-flow opacimeter, equipment meeting the requirements of ISO-8178-3 and ISO/DIS-11614 is recommended. Other equipment may be used provided it is approved in advance by the Administrator. (1) All partial-flow opacimeter measurements shall be reported as the equivalent percent opacity for a five inch effective optical path length using the Beer-Lambert relationship. (2) Zero and full scale (100 percent opacity) span shall be adjusted prior to t… | |||
| 40:40:22.0.1.1.2.15.1.1 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | S | Subpart S—General Compliance Provisions for Control of Air Pollution From New and In-Use Light-Duty Vehicles, Light-Duty Trucks, and Heavy-Duty Vehicles | § 86.1801-12 Applicability. | EPA | [89 FR 28157, Apr. 18, 2024] | (a) Applicability. The provisions of this subpart apply to certain types of new vehicles as described in this paragraph (a). Where the provisions apply for a type of vehicle, they apply for vehicles powered by any fuel, unless otherwise specified. 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. Testing references in this subpart generally apply to Tier 2 and older vehicles, while testing references to 40 CFR part 1066 generally apply to Tier 3 and newer vehicles; see § 86.101 for detailed provisions related to this transition. The provisions of this subpart apply to certain vehicles as follows: (1) The provisions of this subpart apply for light-duty vehicles and light-duty trucks. (2) The provisions of this subpart apply for medium-duty passenger vehicles. The provisions of this subpart also apply for medium-duty vehicles at or below 14,000 pounds GVWR, except as follows: (i) The provisions of this subpart are optional for diesel-cycle vehicles through model year 2017; however, if you are using the provisions of § 86.1811-17(b)(9) or § 86.1816-18(b)(8) to transition to the Tier 3 exhaust emission standards, the provisions of this subpart are optional for those diesel-cycle vehicles until the start of the Tier 3 phase-in for those vehicles. (ii) The exhaust emission standards of this part are optional for vehicles above 22,000 pounds GCWR and for all incomplete medium-duty vehicles. Certain requirements in this subpart apply for such vehicles even if they are not certified to the exhaust emission standards of this subpart as follows: (A) Such vehicles remain subject to the evaporative and refueling emission standards of this subpart. (B) Such vehicles may remain subject to the greenhouse gas standards in § 86.1819-14 as specified in 40 CFR 1036.635. (C) Such vehicles may remain subject to onboard diagnostic requirements … |
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