![[logo] US EPA](http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}
[[pp. 6847-6870]] Control of Air Pollution From New Motor Vehicles: Tier 2 Motor
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: February 10, 2000 (Volume 65, Number 28)]
[Rules and Regulations]
[Page 6847-6870]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10fe00-21]
[[pp. 6847-6870]] Control of Air Pollution From New Motor Vehicles: Tier 2 Motor
Vehicle Emissions Standards and Gasoline Sulfur Control Requirements
[[Continued from page 6846]]
[[Page 6847]]
(iii) Allotments generated under paragraph (i) of this section
which are converted to credits; plus
(iv) Credits purchased under paragraph (e) of this section; minus
(v) Credits sold under paragraph (e) of this section; minus
(vi) Credits used under paragraphs (f) and (g) of this section;
minus
(vii) Credits expiring under paragraph (h) of this section; minus
(viii) Credit deficit from the previous year.
(3) Agree the credits remaining or the credit deficit at the
conclusion of the year being reviewed with the report to EPA.
(4) If the refinery or importer had a credit deficit for both the
previous year and the year being reviewed, report this fact as a
finding.
(k) Sulfur allotments in 2004 and 2005. The following requirements
apply to any refinery or importer that is subject to corporate pool
average standards under Sec. 80.195:
(1) Corporate pool average. (i) Obtain the annual average sulfur
level for the refiner or importer from the sulfur report filed with EPA
for all gasoline subject to corporate pool standards (all gasoline
produced and imported, except that if 50% or greater of the gasoline
volume was GPA gasoline the refiner or importer is not subject to the
corporate pool average).
(ii) Compute and report as a finding the company's gasoline volume
subject to corporate pool standards and average sulfur level for
gasoline subject to corporate pool standards, and agree with the values
reported to EPA.
(2) Allotment generation. (i) For 2004, if the corporate pool
average is less than 120 ppm, compute and report as a finding the
number and type of sulfur allotments generated in accordance with the
applicable provisions under Sec. 80.275(b).
(ii) For 2005, if the corporate pool average is less than 90 ppm,
compute and report as a finding the number and type of sulfur
allotments generated in accordance with the applicable provisions under
Sec. 80.275(b).
(iii) If the refiner or importer produced and imported 50% or more
of its gasoline for GPA use in 2004 or 2005, no allotments can be
generated in that year.
(3) Allotment purchases and sales. (i) Obtain contracts or other
documents for all allotments transferred to another company during the
year being reviewed; compute and report as a finding the number of
allotments represented in these documents as being transferred away;
and agree with the report to EPA.
(ii) Obtain contracts or other documents for all allotments
received during the year being reviewed; compute and report as a
finding the number of allotments represented in these documents as
being received; and agree with the report to EPA.
(4) Allotments required. (i) For 2004, if the corporate pool
average is greater than 120 ppm, compute and report as a finding the
number of allotments required by multiplying the amount the corporate
pool average is above 120 ppm times the corporate pool volume, and
agree with the report to EPA.
(ii) For 2005, if the corporate pool average is greater than 90
ppm, compute and report as a finding the number of allotments required
by multiplying the amount the corporate pool average is above 90 ppm
times the corporate pool volume, and agree with the report to EPA.
(iii) Obtain the number of allotments used to meet standards for
GPA gasoline determined in paragraph (g) of this section.
(5) Allotment reconciliation. (i) Compute and report as a finding
the net allotments remaining at the conclusion of the year being
reviewed by totaling allotments:
(A) Generated under paragraphs (i)(4) and (k)(2) of this section;
plus
(B) Purchased under paragraph (k)(3) of this section; minus
(C) Sold under paragraph (k)(3) of this section; minus
(D) Used under paragraph (k)(4) of this section for demonstrating
compliance with the corporate pool average.
(ii) Report as a finding any allotments generated in 2003 or 2004
that are used to meet the corporate pool standards in 2005 that were
not reduced to 50% of their original value.
(iii) If the company's net allotments remaining are less than zero,
report this fact as a finding.
PART 85--CONTROL OF AIR POLLUTION FROM MOBILE SOURCES
5. The authority citation for part 85 continues to read as follows:
Authority: 42 U.S.C. 7521, 7522, 7524, 7525, 7541, 7542,
7601(a).
6. Section 85.1515 is amended by:
a. redesignating the existing paragraph (c) as paragraph (c)(1),
b. adding new paragraphs (c)(2), (c)(3), (c)(5), (c)(6) and (c)(7),
and adding and reserving paragraph (c)(4), and
c. revising paragraph (d).
The revisions and additions read as follows:
Sec. 85.1515 Emission standards and test procedures applicable to
imported nonconforming motor vehicles and motor vehicle engines.
* * * * *
(c)(1) * * *
(2)(i) The provisions of paragraph (c)(1) of this section
notwithstanding, nonconforming light-duty vehicles and light light-duty
trucks (LDV/LLDTs) modified in model years 2004, 2005 or 2006 must meet
the FTP exhaust emission standards of bin 9 in Tables S04-1 and S04-2
in 40 CFR 86.1811-04 and the evaporative emission standards for light-
duty vehicles and light light-duty trucks specified in 40 CFR 86.1811-
04(e)(5).
(ii) Nonconforming LDT3s and LDT4s (HLDTs) and medium-duty
passenger vehicles (MDPVs) modified in model years 2004 through 2006
must meet the FTP exhaust emission standards of bin 10 in Tables S04-1
and S04-2 in 40 CFR 86.1811-04 and the applicable evaporative standards
specified in 40 CFR 86.1811-04(e)(5). For 2004 model year HLDTs and
MDPVs where modifications commence on the first vehicle of a test group
before December 21, 2003, this requirement does not apply to the 2004
model year. ICIs opting to bring all of their 2004 model year HLDTs and
MDPVs into compliance with the exhaust emission standards of bin 10 in
Tables S04-1 and S04-2 in 40 CFR 86.1811-04, may use the optional
higher NMOG values for their 2004-2006 model year LDT2s and 2004-2008
LDT4s.
(iii) Nonconforming LDT3s and LDT4s (HLDTs) and medium-duty
passenger vehicles (MDPVs) modified in model years 2007 and 2008 must
meet the FTP exhaust emission standards of bin 8 in Tables S04-1 and
S04-2 in 40 CFR 86.1811-04 and the applicable evaporative standards
specified in 40 CFR 86.1811-04(e)(5).
(iv) Nonconforming LDV/LLDTs modified in model years 2007 and later
and nonconfoming HLDTs and MDPVs modified in model years 2009 and later
must meet the FTP exhaust emission standards of bin 5 in Tables S04-1
and S04-2 of 40 CFR 86.1811-04, and the evaporative standards specified
in 40 CFR 86.1811(e)(1) through (e)(4).
(v) ICIs are exempt from the Tier 2 and the interim non-Tier 2
phase-in intermediate percentage requirements for exhaust, evaporative
and refueling emissions described in 40 CFR 86.1811-04.
(3)(i) As an option to the requirements of paragraph (c)(2) of this
section, independent commercial importers may elect to meet lower bins
in Tables S04-1 and S04-2 of 40 CFR 86.1811-04 than
[[Page 6848]]
specified in paragraph (c)(2) of this section and bank or sell credits
as permitted in 40 CFR 86.1860-04 and 40 CFR 86.1861-04. An ICI may not
meet higher bins in Tables S04-1 and S04-2 of 40 CFR 86.1811-04 than
specified in paragraph (c)(2) of this section unless it demonstrates to
the Administrator at the time of certification that it has obtained
appropriate and sufficient NOX credits from another
manufacturer, or has generated them in a previous model year or in the
current model year and not transferred them to another manufacturer or
used them to address other vehicles as permitted in 40 CFR 86.1860-04
and 40 CFR 86.1861-04.
(ii) Where an ICI desires to obtain a certificate of conformity
using a bin higher than specified in paragraph (c)(2) of this section,
but does not have sufficient credits to cover vehicles produced under
such certificate, the Administrator may issue such certificate if the
ICI has also obtained a certificate of conformity for vehicles
certified using a bin lower than that required under paragraph (c)(2)
of this section. The ICI may then produce vehicles to the higher bin
only to the extent that it has generated sufficient credits from
vehicles certified to the lower bin during the same model year.
(4) [Reserved]
(5) Except for the situation where an ICI desires to bank, sell or
use NOX credits as described in paragraph (c)(3) of this
section, the requirements of 40 CFR 86.1811-04 related to fleet average
NOX standards and requirements to comply with such standards
do not apply to vehicles modified under this subpart.
(6) ICIs using bins higher than those specified in paragraph (c)(2)
of this section must monitor their production so that they do not
produce more vehicles certified to the standards of such bins than
their available credits can cover. ICIs must not have a credit deficit
at the end of a model year and are not permitted to use the deficit
carryforward provisions provided in 40 CFR 86.1860-04(e).
(7) The Administrator may condition the certificates of conformity
issued to ICIs as necessary to ensure that vehicles subject to
paragraph (c) of this section comply with the appropriate average
NOX standard for each model year.
(d) Except as provided in paragraph (c) of this section, ICI's must
not participate in emission-related programs for emissions averaging,
banking and trading, or nonconformance penalties.
* * * * *
PART 86--CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES
AND ENGINES
7. The authority citation for part 86 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
8. In Sec. 86.1 the table in paragraph (b)(4) is amended by
revising the entry for ``California Regulatory Requirements Applicable
to the `LEV II' Program'' in alphabetical order and by revising the
entry for ``California Regulatory Requirements Applicable to the
National Low Emission Vehicle Program, October 1996'', to read as
follows:
Sec. 86.1 Reference materials.
* * * * *
(b) * * *
(4) * * *
------------------------------------------------------------------------
Document No. and name 40 CFR part 86 reference
------------------------------------------------------------------------
California Regulatory Requirements
Applicable to the ``LEV II'' Program,
including:.
1. California Exhaust Emission 86.1806-01; 86.1811-04; 86.1844-
Standards and Test Procedures for 01.
2003 and Subsequent Model Zero-
Emission Vehicles and 2001 and
Subsequent Model Hybrid Electric
Vehicles, in the Passenger Car,
Light-duty Truck and Medium-duty
Vehicle Classes. August 5, 1999.
2. California Non-Methane Organic 86.1803-01; 86.1810-01; 86.1811-
Gas Test Procedures. August 5, 04.
1999.
California Regulatory Requirements 86.113-004; 86.612-97; 86.1012-
Applicable to the National Low 97; 86.1702-99; 86.1708-99;
Emission Vehicle Program, October 86.1709-99; 86.1717-99;
1996. 86.1735-99; 86.1771-99;
86.1775-99; 86.1776-99;
86.1777-99; Appendix XVI;
Appendix XVII.
------------------------------------------------------------------------
* * * * *
Subpart A--General Provisions for Emission Regulations for 1977 and
Later Model Year New Light-Duty Vehicles, Light-Duty Trucks and
Heavy-Duty Engines, and for 1985 and Later Model Year New Gasoline-
Fueled, Natural Gas-Fueled, Liquefied Petroleum Gas-Fueled and
Methanol-Fueled Heavy-Duty Vehicles
9. Section 86.004-11 is amended by adding paragraph (e) to read as
follows:
Sec. 86.004-11 Emission standards for 2004 and later model year diesel
heavy-duty engines and vehicles.
* * * * *
(e) The standards described in this section do not apply to diesel-
fueled medium-duty passenger vehicles (MDPVs) that are subject to
regulation under subpart S of this part, except as specified in subpart
S of this part. The standards described in this section also do not
apply to diesel engines used in such MDPVs, except as specified in the
regulations in subpart S of this part. The term ``medium-duty passenger
vehicle'' is defined in Sec. 86.1803.
10. Section 86.099-10 is amended by adding paragraph (e) to read as
follows:
Sec. 86.099-10 Emission standards for 1999 and later model year Otto-
cycle heavy-duty engines and vehicles.
* * * * *
(e) The standards described in this section do not apply to Otto-
cycle medium-duty passenger vehicles (MDPVs) that are subject to
regulation under subpart S of this part, except as specified in subpart
S of this part. The standards described in this section also do not
apply to Otto-cycle engines used in such MDPVs, except as specified in
subpart S of this part. The term ``medium-duty passenger vehicle'' is
defined in Sec. 86.1803.
10a. The heading of Subpart B is revised to read as follows:
Subpart B--Emission Regulations for 1977 and Later Model Year New
Light-duty Vehicles, New Light-duty Trucks and New Medium-Duty
Passenger Vehicles; Test Procedures
11. Section 86.113-04 is added to read as follows:
Sec. 86.113-04 Fuel specifications.
This section includes text that specifies requirements that differ
from Sec. 86.113-94. Where a paragraph in Sec. 86.113-94 is identical
and applicable to this section, this will be indicated by specifying
the corresponding paragraph
[[Page 6849]]
and the statement ``[Reserved]. For guidance see Sec. 86.113-94.''.
(a) Gasoline fuel. (1) Gasoline having the following specifications
will be used by the Administrator in exhaust and evaporative emission
testing of petroleum-fueled Otto-cycle vehicles, except that the
Administrator will not use gasoline having a sulfur specification
higher than 0.0045 weight percent. Gasoline having the following
specification or substantially equivalent specifications approved by
the Administrator, must be used by the manufacturer in exhaust and
evaporative testing except that octane specifications do not apply:
------------------------------------------------------------------------
ASTM test method
Item No. Value
------------------------------------------------------------------------
Octane, Research, Min........... D 2699............. 93
Sensitivity, Min................ ................. 7.5
Lead (organic), max. g/U.S. gal. D 3237............. 0.050 (0.013)
(g/liter).
Distillation Range: D 86..............
IBP1:deg. F (deg. C)........ ................. 75-95 (23.9-35)
10 pct. point: deg.F (deg.C) ................. 120-135 (48.9-
57.2)
50 pct. point: deg.F. ................. 200-230 (93.3-
(deg.C). 110)
90 pct. point: deg.F (deg.C) ................. 300-325 (148.9-
162.8)
EP, max: deg.F (deg.C)...... ................. 415 (212.8)
Sulfur, weight pct.............. D 1266............. 0.0015-0.008
Phosphorous, max. g/U.S. gal (g/ D 3231............. 0.005 (0.0013)
liter).
RVP 2,3......................... D 3231............. 8.7-9.2 (60.0-
63.4)
Hydrocarbon composition: D 1319.............
Olefins, max. pct........... ................. 10
Aromatics, max, pct......... ................. 35
Saturates................... ................. Remainder
------------------------------------------------------------------------
\1\ For testing at altitudes above 1,219 m (4000 feet), the specified
range is 75-105 deg. F (23.9-40.6 deg. C).
\2\ For testing which is unrelated to evaporative emission control, the
specified range is 8.0-9.2 psi (55.2-63.4 kPa).
\3\ For testing at altitudes above 1,219 m (4000 feet), the specified
range is 7.6-8.0 psi (52-55 kPa).
(2) For light-duty vehicles, light-duty trucks and medium-duty
passenger vehicles certified for 50 state sale, and for Tier 2 and
interim non-Tier 2 vehicles whose certification is carried over from
the NLEV program or carried across from the California LEV I program,
``California Phase 2'' gasoline having the specifications listed in the
table in this section may be used in exhaust emission testing as an
option to the specifications in paragraph (a)(1) of this section. If a
manufacturer elects to utilize this option, the manufacturer must
conduct exhaust emission testing with gasoline having the
specifications listed in the table in this paragraph (a)(2) and in the
case of interim non-Tier 2 LDV/Ts and interim non-Tier 2 MDPVs whose
certification is carried over from the NLEV program or carried across
from California LEV I program certification the Administrator must also
conduct exhaust emission testing with gasoline having the
specifications listed in the table in this paragraph (a)(2) . However,
the Administrator may use or require the use of test fuel meeting the
specifications in paragraph (a)(1) of this section for certification
confirmatory testing, selective enforcement auditing and in-use testing
for all other vehicles. All fuel property test methods for this fuel
are contained in Chapter 4 of the California Regulatory Requirements
Applicable to the National Low Emission Vehicle Program (October,
1996). These requirements are incorporated by reference (see
Sec. 86.1). The table follows:
------------------------------------------------------------------------
Fuel property Limit
------------------------------------------------------------------------
Octane, (R+M)/2 (min).............. 91
Sensitivity (min).................. 7.5
Lead, g/gal (max) (No lead added).. 0-0.01
Distillation range, deg.F.........
10 pct. point,..................... 130-150
50 pct. point,..................... 200-210
90 pct. point,..................... 290-300
EP, maximum........................ 390
Residue, vol% (max)................ 2.0
Sulfur, ppm by wt.................. 15-40, except that administrator
may use and approve for use, lower
ranges where such ranges are
consistent with current California
requirements.
Phosphorous, g/gal (max)........... 0.005
RVP, psi........................... 6.7-7.0
Olefins, vol%...................... 4.0-6.0
Total aromatic hydrocarbons (vol%). 22-25
Benzene, vol%...................... 0.8-1.0
Multi-substituted alkyl Aromatic 12-14
hydrocarbons, vol%.
MTBE, vol %........................ 10.8-11.2
Additives:......................... See chapter 4 of the California
Regulatory Requirements Applicable
to the National Low Emission
Vehicle Program (October, 1996).
These procedures are incorporated
by reference (see Sec. 86.1).
[[Page 6850]]
Copper corrosion................... No. 1.
Gum, washed, mg/100 ml (max)....... 3.0
Oxidation stability, minutes (min). 1000
Specific gravity................... No limit; report to purchaser
required.
Heat of combustion................. No limit; report to purchaser
required.
Carbon, wt%........................ No limit; report to purchaser
required.
Hydrogen, wt%...................... No limit; report to purchaser
required.
------------------------------------------------------------------------
(3)(i) Unless otherwise approved by the Administrator, unleaded
gasoline representative of commercial gasoline that will be generally
available through retail outlets must be used in service accumulation.
For model years 2004 and later, and unless otherwise approved by the
Administrator, this gasoline must have a minimum sulfur content of 15
ppm. Unless otherwise approved by the Administrator, where the vehicle
is to be used for evaporative emission durability demonstration, such
fuel must contain ethanol as required by Sec. 86.1824-01(a)(2)(iii).
Leaded gasoline must not be used in service accumulation.
(ii) Unless otherwise approved by the Administrator, the octane
rating of the gasoline used must be no higher than 1.0 Retail octane
number above the lowest octane rating that meets the fuel grade the
manufacturer will recommend to the ultimate purchaser for the relevant
production vehicles. If the manufacturer recommends a Retail octane
number rather than a fuel grade, then the octane rating of the service
accumulation gasoline can be no higher than 1.0 Retail octane number
above the recommended Retail octane number. The service accumulation
gasoline must also have a minimum sensitivity of 7.5 octane numbers,
where sensitivity is defined as the Research octane number minus the
Motor octane number.
(iii) The Reid Vapor Pressure of the gasoline used must be
characteristic of the motor fuel used during the season in which the
service accumulation takes place.
(4) The specification range of the gasoline to be used under this
paragraph (a) must be reported in accordance with Secs. 86.094-21(b)(3)
and 86.1844-01.
(b) through (g) [Reserved]. For guidance see Sec. 86.113-94.
12. Section 86.129-00 is amended by adding a new paragraph
(f)(1)(ii)(C) to read as follows:
Sec. 86.129-00 Road load power, test weight, and inertia weight class
determination.
* * * * *
(f)* * *
(1)* * *
(ii)* * *
(C) Regardless of other requirements in this section relating to
the testing of HLDTs, for Tier 2 HLDTs, the test weight basis for FTP
and SFTP testing (both US06 and SC03), if applicable, is the vehicle
curb weight plus 300 pounds. For MDPVs certified to standards in bin 11
in Tables S04-1 and 2 in Sec. 86.1811-04, the test weight basis must be
adjusted loaded vehicle weight (ALVW) as defined in this part.
* * * * *
12.a. The heading of Subpart C is revised to read as follows:
Subpart C--Emission Regulations for 1994 and Later Model Year
Gasoline-Fueled New Light-Duty Vehicles, New Light-Duty Trucks and
New Medium-Duty Passenger Vehicles; Cold Temperature Test
Procedures
13. Section 86.213-04 is added to read as follows:
Sec. 86.213-04 Fuel specifications.
Gasoline having the following specifications will be used by the
Administrator except that the Administrator will not use gasoline
having a sulfur specification higher than 0.0045 weight percent.
Gasoline having the specifications set forth in the table in this
section, or substantially equivalent specifications approved by the
Administrator, may be used by the manufacturer except that the octane
specification does not apply. In lieu of using gasoline having these
specifications, the manufacturer may, for certification testing, use
gasoline having the specifications specified in Sec. 86.113-04 provided
the cold CO emissions are not decreased. Documentation showing that
cold CO emissions are not decreased must be maintained by the
manufacturer and must be made available to the Administrator upon
request. The table listing the cold CO fuel specifications described in
the text in this section follows:
Table--Cold CO Fuel Specifications
----------------------------------------------------------------------------------------------------------------
Cold CO low octane value Cold CO high octane \1\
Item ASTM test or range value or range
----------------------------------------------------------------------------------------------------------------
(RON+MON)/2, min.................. D 2699 87.8.3 92.30.5
Sensitivity, min.................. D 2699 7.5 7.5
Distillation range:...............
IBP, deg.F...................... D 86 76-96 76-96
10% point, deg.F................ D 86 98-118 105-125
50% point, deg.F................ D 86 179-214 195-225
90% point, deg.F................ D 86 316-346 316-346
EP, max, deg.F.................. D 86 413 413
Sulfur, wt. %..................... D 3120 0.0015-0.008 0.0015-0.008
Phosphorous, g/U.S gal, max....... D 3231 0.005 0.005
Lead, g/gal, max.................. 0.01 0.01
RVP, psi.......................... D 4953 11.5.3 11.5.3
Hydrocarbon composition........... D 1319
Olefins, vol. pct............... 12.55.0 10.05.0
Aromatics, vol. pct............. 26.44.0 32.04.0
Saturates....................... Remainder Remainder.
----------------------------------------------------------------------------------------------------------------
\1\ Gasoline having these specifications may be used for vehicles which are designed for the use of high-octane
premium fuel.
[[Page 6851]]
Subpart R--General Provisions for the Voluntary National Low
Emission Vehicle Program for Light-Duty Vehicles and Light-Duty
Trucks
14. Section 86.1701-99 is amended by adding paragraph (f) to read
as follows:
Sec. 86.1701-99 General applicability.
* * * * *
(f) The provisions of this subpart are not applicable to 2004 or
later model year vehicles, except where specific references to
provisions of this subpart are made in conjunction with provisions
applicable to such vehicles.
14.a. The title of subpart S is revised to read as follows:
Subpart S--General Compliance Provisions for Control of Air
Pollution From New and In-use Light-Duty Vehicles, Light-Duty
Trucks and Medium Duty Passenger Vehicles
15. Section 86.1801-01 is amended by:
a. revising the first sentence of paragraph (a),
b. adding one sentence to the end of paragraph (c)(1),
c. revising the first sentence of paragraph (e), and
d. adding paragraphs (f), (g) and (h).
These revisions and additions read as follows:
Sec. 86.1801-01 Applicability.
(a) Except as otherwise indicated, the provisions of this subpart
apply to new 2001 and later model year Otto-cycle and diesel cycle
light-duty vehicles, light-duty trucks and medium-duty passenger
vehicles, including multi-fueled, alternative fueled, hybrid electric,
and zero emission vehicles. * * *
* * * * *
(c) * * * (1) * * * A 2004 or later model year heavy-duty vehicle
optionally certified as a light-duty truck under this provision must
comply with all provisions applicable to MDPVs including exhaust and
evaporative emission standards, test procedures, on-board diagnostics,
refueling standards, phase-in requirements and fleet average standards
under 40 CFR Part 85 and this part.
* * * * *
(e) National Low Emission Vehicle Program for light-duty vehicles
and light light-duty trucks. A manufacturer may elect to certify 2001-
2003 model year light-duty vehicles and light light-duty trucks (LDV/
LLDTs) to the provisions of the National Low Emission Vehicle Program
contained in Subpart R of this part. * * *
(f) ``Early'' Tier 2 LDVs, LDTs and MDPVs. Any LDV/LLDT which is
certified to Tier 2 FTP exhaust standards prior to the 2004 model year,
or any HLDT or MDPV which is certified to the Tier 2 FTP exhaust
standards prior to the 2008 model year, to utilize alternate phase-in
schedules and/or for purposes of generating and banking Tier 2
NOX credits, must comply with all the exhaust emission
requirements applicable to Tier 2 LDV/LLDTs or HLDT/ MDPVs, as
applicable, under this subpart.
(g) Interim non-Tier 2 LDVs, LDTs and MDPVs. Model year 2004-2008
LDVs, LDTs and MDPVs, that do not comply with the Tier 2 FTP exhaust
emission requirements (interim non-Tier 2 LDV/LLDTs and interim non-
Tier 2 HLDT/MDPVs) as permitted under the phase-in requirements of
Sec. 86.1811-04(k) must comply with all applicable interim non-Tier 2
exhaust emission requirements contained in this subpart, including FTP
exhaust emission requirements for all interim non-Tier 2 LDV/LLDTs and
HLDT/MDPVs found at Sec. 86.1811-04(l). Additional emission bins and
separate fleet average NOX emission standards and other
provisions are provided for interim non-Tier 2 LDV/LLDTs, and interim
non-Tier 2 HLDT/MDPVs.
(h) Applicablity of provisions of this subpart to LDVs, LDTs and
MDPVs. Numerous sections in this subpart provide requirements or
procedures applicable to a ``vehicle'' or ``vehicles''. Unless
otherwise specified or otherwise determined by the Administrator, the
term ``vehicle'' or ``vehicles'' in those provisions apply equally to
LDVs, LDTs and MDPVs.
16. Section 86.1803-01 is amended by adding the following
definitions in alphabetical order to read as follows:
Sec. 86.1803-01 Definitions.
* * * * *
Bin or emission bin means a set of emission standards applicable to
exhaust pollutants measured on the Federal Test Procedure (FTP). A bin
is equivalent to a horizontal row of FTP standards in Tables S04-1 and
S04-2 shown in this subpart. Manufacturers are generally free to choose
the bin of standards that will apply to a certain test group of
vehicles, provided that on a sales weighted average of those bins, all
of their vehicles meet a specified fleet average standard for a
particular pollutant.
* * * * *
CalLEV II or California LEV II refers to California's second phase
of its low emission vehicle (LEV) program. This program was adopted at
the hearing of the California Air Resources Board held on November 5,
1998 and became effective on November 27, 1999.
* * * * *
Fleet average NOX standard means, for light-duty
vehicles, light-duty trucks and medium-duty passenger vehicles, a
NOX standard imposed over an individual manufacturer's total
U.S. sales (or a fraction of total U.S. sales during phase-in years),
as `U.S. sales'' is defined in this subpart, of a given model year.
Manufacturers determine their compliance with such a standard by
averaging, on a sales weighted basis, the individual NOX
standards they choose for the fleet of light-duty vehicles, light-duty
trucks and medium-duty passenger vehicles they sell of that model year.
* * * * *
Interim non-Tier 2 vehicle, interim non-Tier 2 LDV/LLDT, interim
non-Tier 2 HLDT/MDPV, or interim vehicle refer to 2004 or later model
year light-duty vehicles, light-duty trucks or MDPVs, or a specific
combination thereof, not certified to Tier 2 FTP exhaust emission
standards during the Tier 2 phase-in period. Model year 2004 HLDTs
belonging to test groups whose model year commences before December 21,
2003, are not interim non-Tier 2 HLDTs unless their manufacturer
chooses to comply with the interim requirements applicable to HLDTs for
all of its 2004 model year HLDTs as permitted in this subpart.
Similarly 2004 model year heavy-duty vehicles whose model year
commences before December 21, 2003, are not interim non-Tier 2 MDPVs
unless their manufacturer chooses to comply with the interim
requirements applicable to MDPVs for all of its 2004 model year MDPVs
as permitted in this subpart. The terms interim non-Tier 2 vehicle,
interim non-Tier 2 LDV, interim non-Tier 2 LDT, interim non-Tier 2
HLDT, interim non-Tier 2 MDPV, etc. have the same meaning without the
words ``non-Tier 2''.
* * * * *
LDV/T means light-duty vehicles and light-duty trucks collectively,
without regard to category.
* * * * *
Medium-duty passenger vehicle (MDPV) means any heavy-duty vehicle
[[Page 6852]]
(as defined in this subpart) with a gross vehicle weight rating (GVWR)
of less than 10,000 pounds that is designed primarily for the
transportation of persons. The MDPV definition does not include any
vehicle which:
(1) Is an ``incomplete truck'' as defined in this subpart; or
(2) Has a seating capacity of more than 12 persons; or
(3) Is designed for more than 9 persons in seating rearward of the
driver's seat; or
(4) Is equipped with an open cargo area (for example, a pick-up
truck box or bed) of 72.0 inches in interior length or more. A covered
box not readily accessible from the passenger compartment will be
considered an open cargo area for purposes of this definition.
* * * * *
Non-methane organic gases (NMOG) means the sum of oxygenated and
non-oxygenated hydrocarbons contained in a gas sample as measured in
accordance with the California Non-Methane Organic Gas Test Procedures.
These requirements are incorporated by reference (see Sec. 86.1)
* * * * *
Periodically regenerating trap oxidizer system means a trap
oxidizer that utilizes, during normal driving conditions, an automated
regeneration mode for cleaning the trap, the operation of which can be
easily detected.
* * * * *
Point of first sale means the location where the completed vehicle
is first purchased. This term is synonymous with final product purchase
location. The point of first sale may be a retail customer, dealer,
distributor, fleet operator, broker, secondary manufacturer, or any
other entity which purchases a vehicle from a manufacturer. In cases
where the end user purchases the completed vehicle directly from the
manufacturer, the end user is the point of first sale.
* * * * *
Round, rounded or rounding means, unless otherwise specified, that
numbers will be rounded according to ASTM-E29-93a, which is
incorporated by reference in this part pursuant to Sec. 86.1.
* * * * *
Tier 2 HLDT/MDPV means any heavy light-duty truck or medium-duty
passenger vehicle, including HEVs and ZEVs, of the 2008 or later model
year certified to comply with the Tier 2 FTP exhaust standards
contained in Sec. 86.1811-04 including the 0.07 g/mi fleet average
NOX standard. The term Tier 2 HLDT/MDPV also includes any
heavy light-duty truck or medium-duty passenger vehicle, of any model
year, which is certified to Tier 2 FTP exhaust standards for purposes
of generating or banking early NOX credits for averaging
under Tier 2 requirements, or utilizing alternate phase-in schedules,
as allowed in this subpart.
Tier 2 LDV/LLDT means any light-duty vehicle or light light-duty
truck, including HEVs and ZEVs, of the 2004 or later model year
certified to comply with the Tier 2 FTP exhaust standards contained in
Sec. 86.1811-04 including the 0.07 g/mi fleet average NOX
standard. The term Tier 2 LDV/LLDT also includes any light-duty vehicle
or light light-duty truck, of any model year, which is certified to
Tier 2 FTP exhaust standards for purposes of generating or banking
early NOX credits for averaging under Tier 2 requirements,
or utilizing alternate phase-in schedules as allowed in this subpart.
Tier 2 standards means those FTP exhaust emission standards
including the 0.07 g/mi full useful life fleet average NOX
standard, applicable to new light-duty vehicles and light light-duty
trucks that begin a phase-in in the 2004 model year, and those exhaust
emission standards including the 0.07 g/mi full useful life fleet
average NOX standard, applicable to heavy light-duty trucks
and medium-duty passenger vehicles that begin a phase-in in the 2008
model year. These standards are found in Sec. 86.1811-04 of this
subpart.
Tier 2 vehicle means any vehicle certified to comply with the Tier
2 FTP exhaust standards contained in Sec. 86.1811-04 including the 0.07
g/mi fleet average NOX standard.
* * * * *
U.S. sales means, unless otherwise specified, sales in any state of
the United States except for California or a state that has adopted
California motor vehicle standards for that model year pursuant to
section 177 of the Clean Air Act. This definition applies only to those
regulatory requirements addressing Tier 2 and interim non-Tier 2
vehicles.
* * * * *
17. Section 86.1804-01 is amended by adding the following acronyms
and abbreviations, in alphabetical order, to read as follows:
Sec. 86.1804-01 Acronyms and abbreviations.
* * * * *
HCHO--Formaldehyde.
HEV--Hybrid electric vehicle.
* * * * *
HLDT--Heavy light-duty truck. Includes only those trucks over
6000 pounds GVWR (LDT3s and LDT4s).
HLDT/MDPV--Heavy light-duty trucks and medium-duty passenger
vehicles.
* * * * *
LDV/LLDT--Light-duty vehicles and light light-duty trucks.
Includes only those trucks rated at 6000 pounds GVWR or less (LDT1s
and LDT2s).
LDV/T--Light-duty vehicles and light-duty trucks. This term is
used collectively to include, or to show that a provision applies
to, all light-duty vehicles and all categories of light-duty trucks,
i.e.
LDT1, LDT2, LDT3 and LDT4.
LEV--Low Emission Vehicle.
* * * * *
MDPV--Medium-duty passenger vehicle.
* * * * *
NLEV--Refers to the National Low Emission Vehicle Program.
Regulations governing this program are found at subpart R of this
part.
* * * * *
NMOG--Non-methane organic gases.
* * * * *
RAF--Reactivity adjustment factor.
* * * * *
SULEV--Super Ultra Low Emission Vehicle.
* * * * *
TLEV--Transitional Low Emission Vehicle.
* * * * *
ULEV--Ultra Low Emission Vehicle.
* * * * *
ZEV--Zero Emission Vehicle.
18. Section 86.1805-04 is added to read as follows:
Sec. 86.1805-04 Useful life.
(a) Except as required under paragraph (b) of this section or
permitted under paragraphs (d), (e) and (f) of this section, the full
useful life for all LDVs, LDT1s and LDT2s is a period of use of 10
years or 120,000 miles, whichever occurs first. For all HLDTs and
MDPVs, full useful life is a period of 11 years or 120,000 miles,
whichever occurs first. This full useful life applies to all exhaust,
evaporative and refueling emission requirements except for standards
which are specified to only be applicable at the time of certification.
(b) Manufacturers may elect to optionally certify a test group to
the Tier 2 exhaust emission standards for 150,000 miles to gain
additional NOX credits, as permitted in Sec. 86.1860-04(g),
or to opt out of intermediate life standards as permitted in
Sec. 86.1811-04(c). In such cases, useful life is a period of use of 15
years or 150,000 miles, whichever occurs first, for all exhaust,
evaporative and refueling emission requirements except for cold CO
standards and standards which are applicable only at the time of
certification.
(c) Where intermediate useful life exhaust emission standards are
[[Page 6853]]
applicable, such standards are applicable for five years or 50,000
miles, whichever occurs first.
(d) Where cold CO standards are applicable, the useful life
requirement for compliance with the cold CO standard only, is 5 years
or 50,000 miles, whichever occurs first.
(e) Where LDVs, LDT1s and LDT2s of the 2003 or earlier model years
are certified to Tier 2 exhaust emission standards for purposes of
generating early Tier 2 NOX credits, manufacturers may
certify those vehicles to full useful lives of 100,000 miles in lieu of
the otherwise required 120,000 mile full useful lives, as provided
under Sec. 86.1861-04(c)(4).
(f) For interim non-Tier 2 LDV/LLDTs, the useful life requirement
for exhaust, evaporative and refueling emissions is 10 years or 100,000
miles, whichever occurs first.
19. Section 86.1806-01 is amended by:
a. revising paragraph (a);
b. adding paragraph (b)(8);
c. redesignating the text of paragraph (d) after the paragraph
heading as (d)(1); and
d. adding paragraph (d)(2).
The revisions and additions read as follows:
Sec. 86.1806-01 On-board diagnostics.
(a)(1) Except as provided by paragraph (a)(2) of this section, all
light-duty vehicles, light-duty trucks and MDPVs must be equipped with
an onboard diagnostic (OBD) system capable of monitoring, for each
vehicle's useful life, all emission-related powertrain systems or
components. All systems and components required to be monitored by
these regulations must be evaluated periodically, but no less
frequently than once per Urban Dynamometer Driving Schedule as defined
in Appendix I, paragraph (a), of this part, or similar trip as approved
by the Administrator.
(2) Diesel fueled chassis-certified MDPVs and engine-certified
diesel engines used in MDPVs, are subject to the requirements of this
section only if the exhaust emission certification of the applicable
test group is being carried across from a California configuration to
which California OBD-II requirements are applicable.
(b) * * *
(8) For Tier 2 and interim non-Tier 2 hybrid electric vehicles
(HEVs) only. Unless added to HEVs in compliance with other requirements
of this section, or unless otherwise approved by the Administrator:
(i) The manufacturer must equip each HEV with a maintenance
indicator consisting of a light that must activate automatically by
illuminating the first time the minimum performance level is observed
for each battery system component. Possible battery system components
requiring monitoring are: battery water level, temperature control,
pressure control, and other parameters critical for determining battery
condition.
(ii) The manufacturer must equip ``off-vehicle charge capable
HEVs'' with a useful life indicator for the battery system consisting
of a light that must illuminate the first time the battery system is
unable to achieve an all-electric operating range (starting from a full
state-of-charge) which is at least 75 percent of the range determined
for the vehicle in the Urban Driving Schedule portion of the All-
Electric Range Test (see the California Exhaust Emission Standards and
Test Procedures for 2003 and Subsequent Model Zero-Emission Vehicles,
and 2001 and Subsequent Model Hybrid Electric Vehicles, in the
Passenger Car, Light-Duty Truck and Medium-Duty Vehicle Classes. These
requirements are incorporated by reference (see Sec. 86.1).
(iii) The manufacturer must equip each HEV with a separate odometer
or other device subject to the approval of the Administrator that can
accurately measure the mileage accumulation on the engines used in
these vehicles.
* * * * *
(d) MIL illumination. (1) * * *
(2)(i) For interim non-Tier 2 and Tier 2 LDV/LLDTs and HLDT/MDPVs,
vehicles produced through the 2007 model year, upon a manufacturer's
written request, EPA will consider allowing the use of an on-board
diagnostic system during the certification process, that functions
properly on low-sulfur gasoline, but indicates sulfur-induced passes
when exposed to high sulfur gasoline.
(ii) For interim non-Tier 2 and Tier 2 LDV/LLDTs and HLDT/MDPVs, if
vehicles produced through the 2007 model year exhibit illuminations of
the emission control diagnostic system malfunction indicator light due
to high sulfur gasoline, EPA will consider, upon a manufacturer's
written request, allowing modifications to such vehicles on a case-by-
case basis so as to eliminate the sulfur induced illumination.
* * * * *
20. Section 86.1807-01 is amended by revising paragraph (a)(3)(vi)
to read as follows:
Sec. 86.1807-01 Vehicle labeling.
(a) * * *
(3) * * *
(vi) The exhaust emission standards to which the test group is
certified, and for test groups having different in-use standards, the
corresponding exhaust emission standards that the test group must meet
in use. In lieu of this requirement, manufacturers may use the
standardized test group name designated by EPA;
* * * * *
21. Section 86.1809-01 is amended by adding paragraph (e) to read
as follows:
Sec. 86.1809-01 Prohibition of defeat devices.
* * * * *
(e) For each test group of Tier 2 LDV/LLDTs and HLDT/MDPVs and
interim non-Tier 2 LDV/LLDTs and HLDT/MDPVs the manufacturer must
submit, with the Part II certification application, an engineering
evaluation demonstrating to the satisfaction of the Administrator that
a discontinuity in emissions of non-methane organic gases, carbon
monoxide, oxides of nitrogen and formaldehyde measured on the Federal
Test Procedure (subpart B of this part) does not occur in the
temperature range of 20 to 86 degrees F. For diesel vehicles, the
engineering evaluation must also include particulate emissions.
22. Section 86.1810-01 is amended by:
a. adding two new sentences to the end of the introductory text;
b. adding one new sentence to the end of paragraph (f);
c. adding a new sentence to the end of paragraph (i)(6); and
d. adding new paragraphs (i)(13), (i)(14), (o) and (p).
The additions read as follows:
Sec. 86.1810-01 General standards; increase in emissions; unsafe
conditions; waivers.
* * * For Tier 2 and interim non-Tier 2 vehicles, this section
also applies to hybrid electric vehicles and zero emission vehicles.
Unless otherwise specified, requirements and provisions of this subpart
applicable to methanol fueled vehicles are also applicable to Tier 2
and interim non-Tier 2 ethanol fueled vehicles.
* * * * *
(f) * * * Interim non-Tier 2 LDV/Ts may be certified to applicable
Tier 1 exhaust emission standards at high altitude as set forth in
Secs. 86.1811-01, 86.1812-01, 86.1813-01, 86.1814-02 and 86.1815-02.
Requirements to meet emission standards at high altitude are optional
for interim non-Tier 2 MDPVs.
* * * * *
(i) * * *
(6) * * * For Tier 2 and interim non-Tier 2 vehicles, this
provision does not
[[Page 6854]]
apply to enrichment that occurs upon cold start, warm-up conditions and
rapid-throttle motion conditions (``tip-in'' or ``tip-out''
conditions).
* * * * *
(13) A/C-on specific calibrations. (i) For Tier 2 and interim non-
Tier 2 vehicles, A/C-on specific calibrations (e.g. air to fuel ratio,
spark timing, and exhaust gas recirculation), may be used which differ
from A/C-off calibrations for given engine operating conditions (e.g.,
engine speed, manifold pressure, coolant temperature, air charge
temperature, and any other parameters).
(ii) Such calibrations must not unnecessarily reduce the
NMHC+NOX emission control effectiveness during A/C-on
operation when the vehicle is operated under conditions which may
reasonably be expected to be encountered during normal operation and
use.
(iii) If reductions in control system NMHC+NOX
effectiveness do occur as a result of such calibrations, the
manufacturer must, in the Application for Certification, specify the
circumstances under which such reductions do occur, and the reason for
the use of such calibrations resulting in such reductions in control
system effectiveness.
(iv) A/C-on specific ``open-loop'' or ``commanded enrichment'' air-
fuel enrichment strategies (as defined below), which differ from A/C-
off ``open-loop'' or ``commanded enrichment'' air-fuel enrichment
strategies, may not be used, with the following exceptions: Cold-start
and warm-up conditions, or, subject to Administrator approval,
conditions requiring the protection of the vehicle, occupants, engine,
or emission control hardware. Other than these exceptions, such
strategies which are invoked based on manifold pressure, engine speed,
throttle position, or other engine parameters must use the same engine
parameter criteria for the invoking of this air-fuel enrichment
strategy and the same degree of enrichment regardless of whether the A/
C is on or off. ``Open-loop'' or ``commanded'' air-fuel enrichment
strategy is defined as enrichment of the air to fuel ratio beyond
stoichiometry for the purposes of increasing engine power output and
the protection of engine or emissions control hardware. However,
``closed-loop biasing,'' defined as small changes in the air-fuel ratio
for the purposes of optimizing vehicle emissions or driveability, must
not be considered an ``open-loop'' or ``commanded'' air-fuel enrichment
strategy. In addition, ``transient'' air-fuel enrichment strategy (or
``tip-in'' and ``tip-out'' enrichment), defined as the temporary use of
an air-fuel ratio rich of stoichiometry at the beginning or duration of
rapid throttle motion, must not be considered an ``open-loop'' or
``commanded'' air-fuel enrichment strategy.
(14) ``Lean-on-cruise'' calibration strategies. (i) For Tier 2 and
interim non-Tier 2 vehicles, the manufacturer must state in the
Application for Certification whether any ``lean-on-cruise'' strategies
are incorporated into the vehicle design. A ``lean-on-cruise'' air-fuel
calibration strategy is defined as the use of an air-fuel ratio
significantly greater than stoichiometry, during non-deceleration
conditions at speeds above 40 mph. ``Lean-on-cruise'' air-fuel
calibration strategies must not be employed during vehicle operation in
normal driving conditions, including A/C usage, unless at least one of
the following conditions is met:
(A) Such strategies are substantially employed during the FTP or
SFTP;
(B) Such strategies are demonstrated not to significantly reduce
vehicle NMHC+NOX emission control effectiveness over the
operating conditions in which they are employed; or
(C) Such strategies are demonstrated to be necessary to protect the
vehicle occupants, engine, or emission control hardware.
(ii) If the manufacturer proposes to use a ``lean-on-cruise''
calibration strategy, the manufacturer must specify the circumstances
under which such a calibration would be used, and the reason or reasons
for the proposed use of such a calibration.
* * * * *
(o) Unless otherwise approved by the Administrator, manufacturers
must measure NMOG emissions in accordance with the California Non-
Methane Organic Gas Test Procedures. These procedures are incorporated
by reference (see Sec. 86.1).
(p) For gasoline and diesel-fueled Tier 2 and interim non-Tier 2
vehicles, manufacturers may measure non-methane hydrocarbons (NMHC) in
lieu of NMOG. Manufacturers must multiply NMHC measurements from
gasoline vehicles by an adjustment factor of 1.04 before comparing with
the NMOG standard to determine compliance with that standard.
Manufacturers may use other factors to adjust NMHC results to more
properly represent NMOG results. Such factors must be based upon
comparative testing of NMOG and NMHC emissions and be approved in
advance by the Administrator.
23. Section 86.1811-01 is amended by adding a sentence to the end
of the introductory text to read as follows:
Sec. 86.1811-01 Emission standards for light-duty vehicles.
* * * This section does not apply to 2004 and later model year
vehicles, except as specifically referenced by Sec. 86.1811-04.
* * * * *
24. Section 86.1811-04 is added to read as follows:
Sec. 86.1811-04 Emission standards for light-duty vehicles, light-duty
trucks and medium-duty passenger vehicles.
(a) Applicability. (1) This section contains regulations
implementing emission standards for all LDVs, LDTs and MDPVs. This
section applies to 2004 and later model year LDVs, LDTs and MDPVs
fueled by gasoline, diesel, methanol, ethanol, natural gas and
liquefied petroleum gas fuels, except as noted. Additionally, this
section contains provisions applicable to hybrid electric vehicles
(HEVs) and zero emission vehicles (ZEVs). Multi-fueled vehicles must
comply with all requirements established for each consumed fuel.
(2) This section also applies to LDVs, LDTs and MDPVs of model
years prior to 2004, when manufacturers certify such vehicles to Tier 2
exhaust emission requirements to utilize alternate phase-in schedules,
as allowed under paragraph (k)(6) of this section, and/or to earn early
NOX credits for use in complying with the Tier 2 fleet
average NOX standard which takes effect in the 2004 model
year for LDV/LLDTs and 2008 for HLDT/MDPVs.
(3) Except where otherwise specified, this section applies instead
of Secs. 86.1811-01, 86.1812-01, 86.1813-01, 86.1814-01, 86.1814-02,
86.1815-01, and 86.1815-02.
(4) Except where otherwise specified, the provisions of this
section apply equally to LDVs and all categories of LDTs, and to all
MDPVs. Numerous provisions are applicable equally to HLDTs and MDPVs,
as reflected by the term HLDT/MDPV. Numerous provisions apply equally
to LDVs and LLDTs as reflected by the term LDV/LLDT.
(5) The exhaust emission standards and evaporative emission
standards of this section apply equally to certification and in-use
LDVs, LDTs and MDPVs, unless otherwise specified.
(b) Test weight. (1) Except as required in paragraphs (b)(2) and
(b)(4) of this section, or permitted under paragraph (b)(3) of this
section, emission testing of all LDVs, LDTs and MDPVs to
[[Page 6855]]
determine compliance with any exhaust or evaporative emission standard
set forth in this Part must be on a loaded vehicle weight (LVW) basis,
as that term is defined in this subpart.
(2) Interim non-Tier 2 HLDTs tested to Tier 1 SFTP standards, must
be tested on an adjusted loaded vehicle weight (ALVW) basis, as that
term is defined in this subpart, during the SC03 element of the SFTP.
(3) Except as required in paragraphs (b)(2) and (b)(4) of this
section, interim non-Tier 2 HLDT/MDPVs may be tested on an ALVW basis
or an LVW basis to demonstrate compliance with any exhaust or
evaporative emission standard set forth in this Part.
(4) MDPVs certified to bin 11 standards from Tables S04-1 and -2
must be tested on an ALVW basis to demonstrate compliance with any
exhaust emission standard set forth in this part.
(c) Tier 2 FTP exhaust emission standards. Exhaust emissions from
Tier 2 vehicles must not exceed the standards in Table S04-1 of this
section at full useful life when tested over the Federal Test Procedure
(FTP) described in subpart B of this part. Exhaust emissions from Tier
2 vehicles must not exceed the standards in Table S04-2 of this section
at intermediate useful life, if applicable, when tested over the FTP.
(1) For a given test group a manufacturer desires to certify to
operate only on one fuel, the manufacturer must select a set of
standards from the same bin (line or row) in Table S04-1 of this
section for non-methane organic gases (NMOG), carbon monoxide (CO),
oxides of nitrogen (NOX), formaldehyde (HCHO) and
particulate matter (PM). The manufacturer must certify the test group
to meet those standards, subject to all the applicable provisions of
this subpart. The manufacturer must also certify the test group to meet
the intermediate useful life standards (if any) in Table S04-2 of this
section having the same EPA bin reference number as the chosen full
useful life standards.
(2) For a given test group of flexible-fueled, bi-fuel or dual fuel
vehicles when operated on the alcohol or gaseous fuel they are designed
to use, manufacturers must select a bin of standards from Table S04-1
of this section and the corresponding bin in Table S04-2, if any. When
these flexible-fueled, bi-fuel or dual fuel vehicles are certified to
operate on gasoline or diesel fuel, the manufacturer may choose to
comply with the next numerically higher applicable NMOG standard, if
any, above the bin which contains the standards selected for
certification on the gaseous or alcohol fuel.
(3)(i) For a given test group of flexible-fueled, bi-fuel or dual
fuel vehicles certified to bin 10 in Table S04-1, when operated on the
alcohol or gaseous fuel they are designed to use, manufacturers may
choose to comply with a NMOG standard of 0.230 for LDV/LLDTs or 0.280
g/mi for HLDT/MDPVs at full useful life and corresponding intermediate
life standards of 0.160 g/mi and 0.195 g/mi, respectively.
(ii) For a given test group of flexible-fueled, bi-fuel or dual
fuel vehicles certified to bin 8 in Table S04-1, when operated on the
alcohol or gaseous fuel they are designed to use, manufacturers may
choose to comply with a NMOG standard of 0.156 g/mi for LDV/LLDTs and
0.180 for HLDT/MDPVs at full useful life and corresponding intermediate
life standards of 0.125 g/mi and 0.140 g/mi, respectively.
(4)(i) For bins where intermediate life standards are applicable, a
manufacturer may elect not to comply with such standards. Except as
permitted in paragraph (c)(4)(iv) of this section, the manufacturer
must certify such vehicles to a useful life of 15 years or 150,000
miles, whichever occurs first, for LDV/LLDTs and HLDT/MDPVs.
(ii) A manufacturer electing not to comply with intermediate life
standards, as permitted in paragraph (c)(4)(i) of this section, may not
generate additional NOX credits as described under
Sec. 86.1860-04 (g), except as permitted in paragraph (c)(4)(iii) of
this section.
(iii) For bins where intermediate life standards are not
applicable, or are specified to be optional by paragraph (c)(4)(iv) of
this section, a manufacturer may generate additional NOX
credits subject to the provisions in Sec. 86.1860-04 (g).
(iv) For diesel vehicles certified to bin 10, intermediate life
standards are optional regardless of whether the manufacturer certifies
the test group to a full useful life of 120,000 miles or 150,000 miles.
(5) In a given model year, an individual vehicle may not be
included in both the Tier 2 program and an interim program.
(6) Tables S04-1 and S04-2 follow:
Table S04-1.--Tier 2 and Interim Non-Tier 2 Full Useful Life Exhaust Mass Emission Standards
[Grams per mile]
----------------------------------------------------------------------------------------------------------------
Bin No. NOX NMOG CO HCHO PM Notes
----------------------------------------------------------------------------------------------------------------
11.............................. 0.9 0.280 7.3 0.032 0.12 a, c
10.............................. 0.6 0.156/0.230 4.2/6.4 0.018/0.027 0.08 a, b , d
9............................... 0.3 0.090/0.180 4.2 0.018 0.06 a, b , e
8............................... 0.20 0.125/0.156 4.2 0.018 0.02 b, f
7............................... 0.15 0.090 4.2 0.018 0.02
6............................... 0.10 0.090 4.2 0.018 0.01
5............................... 0.07 0.090 4.2 0.018 0.01
4............................... 0.04 0.070 2.1 0.011 0.01
3............................... 0.03 0.055 2.1 0.011 0.01
2............................... 0.02 0.010 2.1 0.004 0.01
1............................... 0.00 0.000 0.0 0.000 0.00
----------------------------------------------------------------------------------------------------------------
Notes:
\a\ This bin and its corresponding intermediate life bin are deleted at end of 2006 model year (end of 2008
model year for HLDTs and MDPVs).
\b\ Higher NMOG, CO and HCHO values apply for HLDTs and MDPVs only.
\c\ This bin is only for MDPVs.
\d\ Optional NMOG standard of 0.280 g/mi applies for qualifying LDT4s and qualifying MDPVs only.
\e\ Optional NMOG standard of 0.130 g/mi applies for qualifying LDT2s only.
\f\ Higher NMOG standard deleted at end of 2008 model year.
[[Page 6856]]
Table S04-2.--Tier 2 and Interim Non-Tier 2 Intermediate Useful Life (50,000 Mile) Exhaust Mass Emission
Standards
[grams per mile]
----------------------------------------------------------------------------------------------------------------
Bin No. NOX NMOG CO HCHO PM Notes
----------------------------------------------------------------------------------------------------------------
11.............................. 0.6 0.195 5.0 0.022 a c f h
10.............................. 0.4 0.125/0.160 3.4/4.4 0.015/0.018 ........... a b d f g
h
9............................... 0.2 0.075/0.140 3.4 0.015 ........... a b c f h
8............................... 0.14 0.100/0.125 3.4 0.015 ........... b f h i
7............................... 0.11 0.075 3.4 0.015 ........... f h
6............................... 0.08 0.075 3.4 0.015 ........... f h
5............................... 0.05 0.075 3.4 0.015 ........... f h
----------------------------------------------------------------------------------------------------------------
Notes:
a This bin deleted at end of 2006 model year (end of 2008 model year for HLDTs and MDPVs ).
b Higher NMOG, CO and HCHO values apply for HLDTs and MDPVs only.
c This bin is only for MDPVs.
d Optional NMOG standard of 0.195 g/mi applies for qualifying LDT4s and qualifying MDPVs only.
e Optional NMOG standard of 0.100 g/mi applies for qualifying LDT2s only.
f The full useful life PM standards from Table S04-1 also apply at intermediate useful life.
g Intermediate life standards of this bin are optional for diesels.
h Intermediate life standards are optional for vehicles certified to a useful life of 150,000 miles.
i Higher NMOG standard deleted at end of 2008 model year.
(d) Fleet average NOX Standards. (1)(i) For a given
individual model year's sales of Tier 2 vehicles, including model years
during the phase-in years of the Tier 2 standards, manufacturers must
comply with a fleet average oxides of nitrogen (NOX)
standard of 0.07 grams per mile. The manufacturer must calculate its
fleet average NOX emission level(s) as described in
Sec. 86.1860-04. Up through and including model year 2008,
manufacturers must calculate separate fleet average NOX
emission levels for LDV/LLDTs and for HLDT/MDPVs as described in
Sec. 86.1860-04.
(ii) During a phase-in year, the manufacturer must comply with the
0.07 g/mi fleet average standard for the required phase-in percentage
for that year as specified in paragraph (k)(1) of this section, or for
the alternate phase-in percentage as permitted under paragraph (k)(6)
of this section.
(2) For Early Tier 2 LDV/LLDTs. For model years prior to 2004,
where the manufacturer desires to bank early Tier 2 NOX
credits as permitted under Sec. 86.1861(c), the manufacturer must
comply with a fleet average standard of 0.07 grams per mile for its
Tier 2 LDV/LLDTs. Manufacturers must determine compliance with the
NOX fleet average standard according to regulations in
Sec. 86.1860-04 of this subpart.
(3) For Early Tier 2 HLDT/MDPVs. For model years prior to 2008,
where the manufacturer desires to bank early Tier 2 NOX
credits as permitted under Sec. 86.1861(c), the manufacturer must
comply with a fleet average standard of 0.07 grams per mile for its
Tier 2 HLDT/MDPVs. Manufacturers must determine compliance with the
NOX fleet average standard according to regulations in
Sec. 86.1860-04.
(e) Evaporative emission standards. Consistent with the phase-in
requirements in paragraph (k) of this section, evaporative emissions
from gasoline-fueled, natural gas-fueled, liquefied petroleum gas-
fueled, ethanol-fueled and methanol-fueled vehicles must not exceed the
standards in this paragraph. The standards apply equally to
certification and in-use vehicles, except that the spitback standard
applies only to newly assembled vehicles.
(1) Diurnal-plus-hot soak evaporative hydrocarbon standards.
Hydrocarbons for LDV/LLDTs, HLDTs and MDPVs must not exceed the diurnal
plus hot soak standards shown in Table S04-3 for the full three diurnal
test sequence and for the supplemental two diurnal test sequence. Table
S04-3 follows:
Table S04-3.--Light-Duty Diurnal Plus Hot Soak Evaporative Emission
Standards
[grams per test]
------------------------------------------------------------------------
Supplemental
3 day 2 day
Vehicle category diurnal+hot diurnal+hot
soak soak
------------------------------------------------------------------------
LDV/LLDTs.................................... 0.95 1.2
HLDTs........................................ 1.2 1.5
MDPVs........................................ 1.4 1.75
------------------------------------------------------------------------
(2) Running loss standard. Hydrocarbons for LDVs, LDTs and MDPVs
measured on the running loss test must not exceed 0.05 grams per mile.
(3) Refueling emission standards. Refueling emissions must not
exceed the following standards:
(i) For gasoline-fueled, diesel-fueled and methanol-fueled LDVs,
LDTs and MDPVs: 0.20 grams hydrocarbon per gallon (0.053 grams per
liter) of fuel dispensed.
(ii) For liquefied petroleum gas-fueled LDV, LDTs and MDPVs: 0.15
grams hydrocarbon per gallon (0.04 grams per liter) of fuel dispensed.
(iii) Refueling standards for HLDTs are subject to the phase-in
requirements found in Sec. 86.1810-01(k). MDPVs must also comply with
the phase-in requirement in Sec. 86.1810-01(k) and must be grouped with
HLDTs to determine phase-in compliance.
(4) Spitback standards. For gasoline and methanol fueled LDV/Ts and
MDPVs, hydrocarbons measured on the fuel dispensing spitback test must
not exceed 1.0 grams hydrocarbon (carbon if methanol-fueled) per test.
(5) Evaporative emission requirements for interim vehicles. (i)
LDV/Ts not certified to meet the evaporative emission standards in this
paragraph (e) as permitted under the phase-in schedule of paragraph (k)
of this section, must meet applicable evaporative emission standards in
Secs. 86.1811-01, 86.1812-01, 86.1813-01, 86.1814-02 or 86.1815-02
except that all LDV/Ts must meet the refueling emission standards in
paragraph (e)(3) of this section.
(ii) MDPVs not certified to meet the evaporative emission standards
in this paragraph (e) as permitted under the phase-in schedule of
paragraph (k) of this section, must meet applicable evaporative
emission standards for heavy-duty vehicles in Sec. 86.099-10.
(6) In cases where applicable California emission standards are as
stringent or more stringent than applicable standards specified under
this paragraph (e), the Administrator may accept data indicating
compliance with California standards to
[[Page 6857]]
demonstrate compliance for certification purposes with the standards
required under this paragraph (e). The Administrator may require
manufacturers to provide comparative test data to show that a vehicle
meeting California standards under California test conditions and
procedures will also meet the standards under this paragraph (e) when
tested under test conditions and procedures in this Part 86.
(f) Supplemental exhaust emission standards for LDV/Ts. (1)
Supplemental exhaust emission standards are applicable to gasoline and
diesel-fueled LDV/Ts but are not applicable to MDPVs, alternative
fueled LDV/Ts, or flexible fueled LDV/Ts when operated on a fuel other
than gasoline or diesel. Except as otherwise specified in this
paragraph (f), manufacturers must comply with 4000 mile and full useful
life SFTP standards as determined in this paragraph (f). The 4000 mile
SFTP standards must be taken from Table S04-4 and the full life SFTP
standards must be calculated using the formula in paragraph (f)(2) of
this section. Table S04-4 follows:
Table S04-4.--4000 Mile SFTP Standards for Tier 2 and Interim Non-Tier 2 LDVs and LDTs
----------------------------------------------------------------------------------------------------------------
US06 SC03
---------------------------------------------------
NMHC+NOX (g/ NMHC+NOX (g/
mi) CO (g/mi) mi) CO (g/mi)
----------------------------------------------------------------------------------------------------------------
LDV/LDT1.................................................... 0.14 8.0 0.20 2.7
LDT2........................................................ 0.25 10.5 0.27 3.5
LDT3........................................................ 0.4 10.5 0.31 3.5
LDT4........................................................ 0.6 11.8 0.44 4.0
----------------------------------------------------------------------------------------------------------------
(2)(i) Manufacturers must calculate their applicable full useful
life SFTP standards for NMHC+NOX, PM and for CO, if using
the weighted CO standard. If not using the weighted CO standard,
manufacturers may use the full useful life standalone Tier 1 standards
for US06 and SC03. To calculate the applicable full useful life
weighted NMHC+NOX, PM and CO standards, manufacturers must
use the following formula and values from Table S04-1 in paragraph (c)
of this section and values from Tables S04-5 and S04-6 which follow:
SFTP Standard = SFTP Standard1 - [0.35 x (FTP
Standard1 --Current FTP Standard)]
Where:
SFTP Standard = Applicable full life weighted SFTP standard for
NMHC+NOX, PM or CO. This standard must be rounded to two
decimal places.
SFTP Standard1 = Applicable full life Tier 1 SFTP standard
for NMHC+NOX or CO from Table S04-5. For PM only, use FTP
Standard1 for SFTP Standard1 .
FTP Standard1 = Applicable full life Tier 1 FTP standard
from Table S04-6 in this paragraph (f). For the Tier 1
NMHC+NOX standard, add the applicable NMHC and NOx
standards.
Current FTP Standard = Applicable full life FTP standard from Table
S04-1 in paragraph (c) of this section. For the current
NMHC+NOX standard, add the NMOG and NOX standards
from the applicable bin.
Table S04-5.--Tier 1 Full Useful Life SFTP Standards
----------------------------------------------------------------------------------------------------------------
NMHC + NOX CO (g/mi)b, c
Vehicle category (weighted g/ -----------------------------------------------
mi)a, c US06 SC03 Weighted
----------------------------------------------------------------------------------------------------------------
LDV/LDT1........................................ 0.91 (0.65) 11.1 (9.0) 3.7 (3.0) 4.2 (3.4)
LDT2............................................ 1.37 (1.02) 14.6 (11.6) 4.9 (3.9) 5.5 (4.4)
LDT3............................................ 1.44 16.9 5.6 6.4
LDT4............................................ 2.09 19.3 6.4 7.3
----------------------------------------------------------------------------------------------------------------
a Weighting for NMHC+NOX and optional weighting for CO is 0.35x(FTP) +0.28x(US06)+0.37x(SC03).
b CO standards are stand alone for US06 and SC03 with option for a weighted standard.
c Intermediate life standards are shown in parentheses for diesel LDV/LLDTs opting to calculate intermediate
life SFTP standards in lieu of 4,000 mile SFTP standards as permitted under paragraph (f)(6) of this section.
Table S04-6.--Tier 1 Full Useful Life FTP Standards (g/mi)
----------------------------------------------------------------------------------------------------------------
Vehicle category NMHC a NOX a CO a PM
----------------------------------------------------------------------------------------------------------------
LDV/LDT1........................................ 0.31 (0.25) 0.6 (0.4) 4.2 (3.4) 0.10
LDT2............................................ 0.40 (0.32) 0.97(0.7) 5.5 (4.4) 0.10
LDT3............................................ 0.46 0.98 6.4 0.10
LDT4............................................ 0.56 1.53 7.3 0.12
----------------------------------------------------------------------------------------------------------------
a Intermediate life standards are shown in parentheses for diesel LDV/LLDTs opting to calculate intermediate
life SFTP standards in lieu of 4,000 mile SFTP standards as permitted under paragraph (f)(6)of this section.
(ii)(A) Manufacturers must determine compliance with
NMHC+NOX, CO and PM weighted SFTP standards calculated in
paragraph (f)(2)(i) of this section by weighting their emission results
as follows:
0.35 x (FTP)+0.28 x (US06)+0.37 x (SC03).
(B) The results of the calculation in paragraph (f)(2)(ii)(A) of
this section must be rounded to one more decimal place than the
applicable standard calculated in paragraph (f)(2)(i) of this section
and then compared with that standard.
[[Page 6858]]
(3) For interim non-Tier 2 gasoline, diesel and flexible-fueled
LDT3s and LDT4s, manufacturers may, alternatively, meet the gasoline-
fueled vehicle SFTP standards found in Secs. 86.1814-02 and 86.1815-02,
respectively.
(4) Interim non-Tier 2 gasoline, diesel and flexible-fueled LDV/
LLDTs certified to bin 10 FTP exhaust emission standards from Table
S04-1 in paragraph (c) of this section may meet the gasoline Tier 1
SFTP requirements found at Sec. 86.1811-01(b).
(5) SFTP standards for PM are not applicable to interim non-Tier 2
LDV/Ts. For Tier 2 LDV/Ts, the 4000 mile PM standard is equal to the
full life PM standard calculated under paragraph (f)(2) of this
section. The requirements of this paragraph (f)(5) also apply to Tier 2
flexible fuel vehicles when operated on gasoline or diesel fuel. (See
regulations in Sec. 86.1829-01(b)(1)(iii)(B) regarding data submittal
for PM results for gasoline vehicles.)
(6)(i) In lieu of complying with 4000 mile SFTP standards described
in this paragraph, diesel LDV/LLDTs through model year 2006, may comply
instead with intermediate life SFTP standards derived from Tier 1
intermediate life SFTP standards for gasoline vehicles.
(ii) To calculate intermediate life SFTP standards, substitute
intermediate life Tier 1 FTP and SFTP values from Tables S04-5 and S04-
6 in this paragraph (f), as appropriate, for the full life values in
the equation in paragraph (f)(2)(i) of this section. Substitute the
applicable intermediate life standards for the full life current FTP
standard. If there is no applicable intermediate life standard use the
full life current FTP standard.
(iii) A manufacturer of diesel LDV/LLDTs must declare which option
it will use (4,000 mile or intermediate life standards) in Part I of
its certification application.
(g) Cold temperature exhaust emission standards. These standards
are applicable only to gasoline fueled LDV/Ts and MDPVs. For cold
temperature exhaust emission standards, a useful life of 50,000 miles
applies.
(1) For LDVs and LDT1s, the standard is 10.0 grams per mile CO.
(2) For LDT2s, LDT3s and LDT4s, and MDPVs the standard is 12.5
grams per mile CO.
(3) These standards do not apply to interim non-Tier 2 MDPVs.
(h) Certification short test exhaust emission standards.
Certification short test emissions from all gasoline-fueled otto cycle
LDV/Ts and MDPVs must not exceed the following standards:
(1) Hydrocarbons: 100 ppm as hexane, for certification and SEA
testing; 220 ppm as hexane, for in-use testing.
(2) Carbon monoxide: 0.5% for certification and SEA testing; 1.2%
for in-use testing.
(3) These standards do not apply to interim non-Tier 2 MDPVs.
(i) Idle CO standards and references to such standards in this
subpart, do not apply to any 2004 or later model year LDV, LDT, or MDPV
or to any LDV, LDT or MDPV certified to Tier 2 standards before model
year 2004 for purposes of generating early NOX credits or
meeting the requirements of an alternative phase-in schedule that
begins prior to the 2004 model year.
(j) Highway NOX exhaust emission standard. The maximum
projected NOX emissions measured on the federal Highway Fuel
Economy Test in 40 CFR part 600, subpart B, must not be greater than
1.33 times the applicable FTP NOX standard to which the
manufacturer certifies the test group. Both the projected emissions and
the product of the NOX standard and 1.33 must be rounded to
the nearest 0.01 g/mi before being compared. This standard is not
applicable to MDPVs.
(k) Phase-in of the Tier 2 FTP exhaust and evaporative
requirements; small volume manufacturer flexibilities. (1)
Manufacturers must comply with the phase-in requirements in Tables S04-
7 and S04-8 of this paragraph (k) for the Tier 2 FTP exhaust emission
requirements specified in paragraph (c) of this section. Separate
phase-in schedules are provided for LDV/LLDTs and for HLDT/MDPVs. These
requirements specify the minimum percentage of the manufacturer's LDV/
LLDT and HLDT/MDPV U.S. sales, by model year, that must meet the Tier 2
requirements, including the applicable fleet average standard, for
their full useful lives. As the terms LDV/LLDT and HLDT/MDVP imply,
LDVs and LLDTs must be grouped together to determine compliance with
these phase-in requirements and HLDTs and MDPVs must also be grouped
together to determine compliance with these phase-in requirements.
Tables S04-7 and S04-8 follow:
Table S04-7.--Phase-in Percentages for LDV/LLDT Tier 2 Requirements
------------------------------------------------------------------------
Percentage
of LDV/LLDTs
Model year that must
meet tier 2
requirements
------------------------------------------------------------------------
2004...................................................... 25
2005...................................................... 50
2006...................................................... 75
2007 and subsequent....................................... 100
------------------------------------------------------------------------
Table S04-8.--Phase-in Percentages for HLDT/MDPV Tier 2 Requirements
------------------------------------------------------------------------
Percentage of
HLDT/MDPVs
ModeL year that must meet
tier 2
requirements
------------------------------------------------------------------------
2008.................................................... 50
2009 and subsequent..................................... 100
------------------------------------------------------------------------
(2) Manufacturers must also comply with the phase-in requirements
in Tables S04-7 and S04-8 of this paragraph (k) for the evaporative
emission requirements contained in paragraph (e) of this section.
(3) Manufacturers may opt to use different LDV/LLDTs and HLDT/MDPVs
to meet the phase-in requirements for evaporative emissions and FTP
exhaust emissions, provided that the manufacturer meets the minimum
applicable phase-in requirements in Table S04-7 and Table S04-8 of this
paragraph (k) for both FTP exhaust and evaporative emissions. A LDV,
LDT or MDPV counted toward compliance with any phase-in requirement for
FTP exhaust or evaporative standards, must comply with all applicable
Tier 2 exhaust requirements or all applicable evaporative requirements,
respectively, described in this section.
(4) LDVs, LDTs and MDPVs not certified to meet the Tier 2 FTP
exhaust requirements during model years 2004-2008, as allowed under
this subpart, are subject to the provisions of paragraph (l) of this
section.
(5) Provisions for small volume manufacturers (i) Small volume
manufacturers, as defined in this part, are exempt from the Tier 2 LDV/
LLDT exhaust and evaporative emissions phase-in requirements for model
years 2004, 2005 and 2006 in Table S04-7 of this paragraph (k), but
must comply with the 100% requirement for the 2007 and later model
years for exhaust and evaporative emissions. If not complying with Tier
2 requirements during 2004, 2005 and 2006, small volume
[[Page 6859]]
manufacturers must comply with the requirements for interim non-Tier 2
LDV/LLDTs.
(ii) Small volume manufacturers, as defined in this part, are
exempt from the HLDT/MDPV exhaust and evaporative phase-in requirement
for model year 2008 in Table S04-8 of this section but must comply with
the 100% requirement for the 2009 model year. Small volume
manufacturers are also exempt from the HLDT/MDPV interim fleet average
NOX standard (0.20 g/mi) and its phase-in for the 2004, 2005
and 2006 model years.
(iii) Small volume manufacturers must comply with the FTP exhaust
emission standards from Tables S04-1 and 2 of paragraph (c) of this
section for all HLDT/MDPVs of model years 2004 and later, except that
2004 model year HLDTs may comply with Tier 1 exhaust emission standards
subject to the provisions of paragraph (l)(2)(vii) of this section, and
2004 model year MDPVs may comply with heavy-duty vehicle standards
subject to the provisions of paragraph (l)(2)(viii) of this section.
Small volume manufacturers must also comply with the 0.20 g/mi fleet
average NOX standard for 2007 and 2008 model year HLDT/
MDPVs; the Tier 2 0.07 g/mi fleet average NOX standard for
the 2009 and later model year HLDT/MDPVs; and the evaporative emission
standards in Table S04-3 of this section for the 2009 and later model
years.
(6)(i) A manufacturer may elect an alternate phase-in schedule that
results in 100% phase-in for LDV/LLDTs by 2007. Alternate phase-in
schedules must produce a sum of at least 250% when the percentages of
LDV/LLDTs certified to Tier 2 requirements for each model year from
2001 through 2007 are summed. As an example, a 10/25/50/65/100 percent
phase-in that began in 2003 would have a sum of 250 percent and would
be acceptable. However, a 10/25/40/70/100 percent phase-in that began
the same year would have a sum of 245 percent and would not be
acceptable.
(ii) A manufacturer electing this option for LDV/LLDTs may
calculate its compliance with the evaporative standards in paragraph
(e)(1) of this section separately from its compliance with Tier 2
exhaust standards, provided that the phase-in schedules for each
separately produce a sum of at least 250 percent when calculated as
described in paragraph (k)(6)(i) of this section. A vehicle counted
towards compliance with any phase-in requirement for the Tier 2 exhaust
standards or the evaporative standards in paragraph (e)(1) of this
section, must comply with all applicable Tier 2 exhaust standards or
all evaporative standards, as applicable, described in this section.
(iii) In addition to the requirements of paragraphs (k)(6)(i) and
(ii) of this section, except as permitted in paragraph (k)(6)(vii) of
this section, a manufacturer of LDV/LLDTs electing to use an alternate
phase-in schedule for compliance with the Tier 2 exhaust standards or
the evaporative standards in paragraph (e)(1) of this section must
ensure that the sum of the percentages of vehicles from model years
2001 through 2004, meeting such exhaust or evaporative standards, as
applicable, is at least 25%.
(iv) A manufacturer may elect an alternate phase-in schedule that
results in 100% phase-in for HLDT/MDPVs by 2009. The requirements of
paragraphs (k)(6)(i) through (k)(6)(ii) of this section apply, except
that for HLDT/MDPVs, the calculation described in paragraphs (k)(6)(i)
and (k)(6)(ii) of this section may cover model years 2001 through 2009
and must produce a sum of at least 150%.
(v) A manufacturer electing to use any alternate phase-in schedule
permitted under this section must provide in its Application for
Certification for the first year in which it intends to use such a
schedule, and in each succeeding year during the phase-in, the intended
phase-in percentages for that model year and the remaining phase-in
years along with the intended final sum of those percentages as
described in this paragraph (k)(6). This information may be included
with the information required under Sec. 86.1844-01(d)(13). In its year
end annual reports, as required under Sec. 86.1844-01(e)(4) the
manufacturer must include sufficient information so that the
Administrator can verify compliance with the alternative phase-in
schedule established under paragraph (k)(6) of this section.
(vi) Under an alternate phase-in schedule, the projected phase-in
percentage is not binding for a given model year, provided the sums of
the actual phase-in percentages that occur meet the appropriate total
sums as required in paragraph (k)(6) of this section, and provided that
100% actual compliance is reached for the appropriate model year,
either 2007 or 2009, as described in paragraph (k)(6) of this section.
(vii) A manufacturer unable to meet the 25% requirement in
paragraph (k)(6)(iii) of this section, must:
(A) Ensure that the sum of the percentages of vehicles for model
years 2001 through 2004, meeting such exhaust or evaporative standards,
as applicable, is at least 20%.
(B) Subtract that sum of percentages for model years 2001 through
2004 from 25%, and multiply the unrounded result by 2.
(C) Round the product from paragraph (k)(6)(vii)(B) of this section
to the nearest 0.1% and add that to 50%. That sum becomes the required
phase-in percentage for the 2005 model year.
(D) Comply with the phase-in percentage for the 2005 model year
determined in paragraph (k)(6)(vii)(C) of this section.
(E) Comply with a minimum phase-in percentage for the 2006 model
year determined by the following equation:
minimum phase-in percentage for 2006 = [75% - (2005api -
2005rpi )]
Where:
2005rpi = the required phase-in for the 2005 model year as
determined in paragraph (k)(6)(vii)(C) of this section; and
2005api = the manufacturer's actual phase-in quantity for
the 2005 model year.
(7)(i) Sales percentages for the purpose of determining compliance
with the phase-in of the Tier 2 requirements and the phase-in of the
evaporative standards in paragraph (e)(1) of this section, must be
based upon projected U.S. sales of LDV/LLDTs and HLDT/MDPVs of the
applicable model year by the manufacturer to the point of first sale.
Such sales percentages must be rounded to the nearest one tenth of a
percent, and must not include vehicles and trucks projected to be sold
to points of first sale in California or a state that has adopted
California requirements for that model year as permitted under section
177 of the Act.
(ii) Alternatively, the manufacturer may petition the Administrator
to allow actual volume produced for U.S. sales to be used in lieu of
projected U.S. sales for purposes of determining compliance with the
phase-in percentage requirements under this section. The manufacturer
must submit its petition within 30 days of the end of the model year to
the Vehicle Programs and Compliance Division. For EPA to approve the
use of actual volume produced for U.S. sales, the manufacturer must
establish to the satisfaction of the Administrator, that actual
production volume is functionally equivalent to actual sales volume of
LDV/LLDTs and HLDT/MDPVs sold in states other than California and
states that have adopted California standards.
(iii) Manufacturers must submit information showing compliance with
all phase-in requirements of this section
[[Page 6860]]
with its Part I application as required by Sec. 86.1844(d)(13).
(l) FTP exhaust standards for interim non-Tier 2 vehicles.--(1) FTP
exhaust emission standards for interim non-Tier 2 LDV/LLDTs. (i) LDV/
LLDTs that are not used to meet the Tier 2 phase-in requirements
including the Tier 2 fleet average NOX requirement during
the Tier 2 phase-in period (model years 2004-2006) must comply with the
full useful life FTP exhaust emission standards listed in Table S04-1
of paragraph (c) of this section and the corresponding intermediate
useful life standards, if any, in Table S04-2 of paragraph (c) of this
section. Manufacturers may choose the bin of full useful life standards
to which they certify a test group of vehicles, subject to the
requirements in paragraph (l)(3)(i) of this section. In a given model
year, an individual vehicle may not be used to comply with both the
Tier 2 fleet average NOX standard and the applicable interim
fleet average NOX standard although vehicles from the same
test group may be separated and the vehicles counted toward compliance
with either program.
(ii) The provisions of paragraphs (c) (1), (2) and (3) of this
section apply to flexible-fueled, dual fuel and multi-fuel interim non-
Tier 2 LDV/LLDTs.
(iii) Only manufacturers that comply with the applicable FTP
standards in Tables S04-1 and 2 of paragraph (c) of this section for
all of their 2004 model year HLDTs and declare their intention to
comply with the 2004 model year 25% phase-in requirement to the 0.20 g/
mi interim fleet average NOX standard for HLDTs (or HLDT/
MDPVs) described in this paragraph (l) may use the optional higher NMOG
values for interim LDT2s certified to bin 9 standards that are shown in
Tables S04-1 and 2. Manufacturers must declare their intention to
comply with the full 2004 model year 25% phase-in requirement in Part I
of their HLDT or their HLDT/MDPV, as applicable, certification
applications.
(iv) The provisions of paragraph (c)(4) of this section apply to
interim non-Tier 2 vehicles.
(2) FTP exhaust emission standards for interim non-Tier 2 HLDTs and
interim non-Tier 2 MDPVs. (i) Except as permitted under paragraphs
(l)(2) (vii) and (viii) of this section, HLDTs and MDPVs of model years
2004-2008 that are not used to meet the Tier 2 FTP phase-in
requirements including the Tier 2 fleet average NOX
requirement must comply with the full useful life FTP exhaust emission
standards listed in Table S04-1 of paragraph (c) of this section and,
the corresponding intermediate useful life standards, if any, in Table
S04-2 of paragraph (c) of this section. Manufacturers may choose the
bin of full useful life standards to which they certify a test group of
vehicles, subject to the requirements in paragraph (l)(3)(ii) of this
section.
(ii) Except as permitted under paragraphs (l)(2) (vii) and (viii)
of this section, HLDTs and MDPVs of model years 2004-2008 that are not
used to meet the Tier 2 FTP phase-in requirements including the Tier 2
fleet average NOX requirement must comply with the fleet
average NOX standard described in paragraph (l)(3)(ii) of
this section subject to the phase-in schedule in paragraph (l)(2)(iv)
of this section, i.e. 25 percent of the HLDT and MDPVs must meet the
fleet average standard of 0.20 g/mi in 2004, 50 percent in 2005, and so
on.
(iii) Manufacturers may choose the bin of full useful life
standards and corresponding intermediate life standards to which they
certify test groups of HLDTs and MDPVs, subject to the requirements in
paragraph (l)(3)(ii) of this section. Manufacturers may include HLDT/
MDPVs in the interim program that are not used to meet the Tier 2 fleet
average NOX standard or the phase-in percentage requirements
in the Tier 2 program or to generate Tier 2 NOX credits. In
a given model year, an individual vehicle may not be used to comply
with both the Tier 2 fleet average NOX standard and the
applicable interim fleet average NOX standard although
vehicles from the same test group may be separated and the vehicles
counted toward compliance with either program.
(iv) Phase-in schedule for interim non-Tier 2 HLDT/MDPVs. Table
S04-9 of this paragraph (l) specifies the minimum percentage of the
manufacturer's interim non-Tier 2 HLDT/MDPV U.S. sales, by model year,
that must comply with the fleet average NOX standard
described in paragraph (l)(3)(ii) of this section. Table S04-9 follows:
Table S04-9.--Phase-in Percentages for Compliance With Interim Non-Tier
2 Fleet Average NOX Standard for HLDT/MDPVs
------------------------------------------------------------------------
Percentage of
non-tier 2
HLDT/MDPVs
that must meet
Model year interim non-
tier 2 fleet
average NOX
standard
------------------------------------------------------------------------
2004.................................................... 25
2005.................................................... 50
2006.................................................... 75
2007 and 2008........................................... 100
------------------------------------------------------------------------
(v)(A) A manufacturer may elect an alternate phase-in schedule,
beginning as early as the 2001 model year, that results in 100%
compliance by 2007 with the fleet average NOX standard for
interim non-Tier 2 HLDT/MDPVs described in paragraph (l)(3)(ii) of this
section. The requirements of paragraph (k)(6) of this section apply to
the selection of an alternate phase-in schedule.
(B) If a manufacturer elects not to bring all of its HLDT/MDPVs
into compliance with the interim requirements in 2004 as permitted
under paragraphs (l)(2)(vii) and
(viii) of this section, it may still use an alternate phase-in
schedule to attain 100% compliance with the interim fleet average
NOX standard for HLDT/MDPVs, but the sum of phase-in
percentages it must meet will be 225% rather than 250%. If the
manufacturer commences its 2004 model year on or after December 21,
2003, for any HLDT/MDPVs, the manufacturer must increase the 225% by
the fraction of its 2004 model year HLDT/MDPVs whose model year
commenced on or after that date and which were brought into compliance
with the 0.20 g/mi corporate average NOX standard as
required under paragraph (l)(2)(ix) of this section. The manufacturer
must ensure that the sum of the percentages of vehicles up through
model year 2005 complying with the interim fleet average NOX
standard is at least 50%.
(vi) The provisions of paragraphs (c) (1), (2) and (3) of this
section apply to flexible-fueled, dual fuel and multi-fuel interim non-
Tier 2 HLDT/MDPVs.
(vii) For 2004 model year HLDT test groups whose model year
commences before December 21, 2003, the manufacturer may exempt such
HLDTs from compliance with any requirements applicable to interim non-
Tier 2 HLDTs, and such HLDTs must be produced in accordance with
standards and requirements in Secs. 86.1814-02 and Secs. 86.1815-02.
Such HLDTs must also meet the refueling emission standards
[[Page 6861]]
contained in paragraph (e)(3) of this section.
(viii) For 2004 model year heavy-duty vehicles whose model year
commences before December 21, 2003, the manufacturer may exempt such
vehicles from compliance with any requirements applicable to interim
non-Tier 2 MDPVs. Exempted vehicles will not be considered MDPVs and
must be produced in accordance with standards and requirements in
Sec. 86.099-10. Exempted vehicles are also exempted from refueling
emission standards.
(ix) For 2004 model year HLDT and MDPV test groups whose model year
commences on or after December 21, 2003, the manufacturer must comply
with all interim non-Tier 2 requirements in this section.
(A) All such vehicles, but not more than 25% of the manufacturer's
total sales of 2004 model year HLDT/MDPVs must meet the interim non-
Tier 2 fleet average NOX standard as described in paragraph
(l)(3)(ii) of this section.
(B) All such vehicles but not more than 40% of the manufacturer's
2004 model year HLDT/MDPVs must comply with the refueling requirements
in paragraph (e)(3) of this section.
(x) Only those manufacturers that comply with the interim non-Tier
2 FTP standards for all of their 2004 model year HLDTs and declare
their intention to comply with the 2004 model year 25% phase-in
requirement to the fleet average interim NOX standard for
HLDTs or HLDT/MDPVs of 0.20 g/mi described in paragraph (l) of this
section may use the optional higher NMOG values for interim LDT4s
certified to bin 10 standards that are shown in Tables S04-1 and 2 of
paragraph (c) of this section. Manufacturers must declare their
intention to comply with the 2004 model year 25% phase-in requirement
in Part I of their HLDT certification applications.
(xi) Only those manufacturers that comply with the interim non-Tier
2 FTP standards for all of their 2004 model year MDPVs, and declare
their intention to comply with the 2004 model year 25% phase-in
requirement to the fleet average interim NOX standard for
MDPVs or HLDT/MDPVs of 0.20 g/mi described in paragraph (l) of this
section may:
(A) Use the exhaust emission standards of bin 11 in Tables S04-1
and S04-2 of paragraph (c) in this section for MDPVs through model year
2008;
(B) For diesel-fueled vehicles, certify the engines in such
vehicles, through model year 2007, to provisions in this part 86
applicable to diesel-fueled heavy-duty engines of the appropriate model
year. Such diesel fueled vehicles must not be included in any count or
determination of compliance with the phase-in requirements applicable
to interim non-Tier 2 MDPVs; and
(C) Use the optional higher NMOG values for interim LDT4s certified
to bin 10 standards that are shown in Tables S04-1 and 2.
(xii) Manufacturers electing to comply with the provisions of
paragraph (l)(2)(xi) of this section must declare their intention to
comply with the 2004 model year 25% phase-in requirement to the fleet
average interim NOX standard for MDPVs or HLDT/MDPVs of 0.20
g/mi in Part I of their MDPV certification applications.
(xiii) Where diesel-fueled heavy-duty engines are used as permitted
under paragraph (l)(2)(xi)(B) of this section, such engines must be
treated as a separate averaging set--MDPV HDDEs-- under the averaging,
banking and trading provisions applicable to heavy-duty diesel engines.
Only NOX credits generated by engine-certified diesel
engines that are used in other MDPVs can be applied to these engines.
Manufacturers wishing to average, bank or trade credits for MDPV HDDEs
must comply with the requirements in this paragraph and with all
requirements applicable to heavy-duty engine averaging, banking and
trading in this part.
(3) Fleet average NOX standards for interim non-Tier 2
LDV/Ts and MDPVs. (i) Manufacturers must comply with a fleet average
full useful life NOX standard for their interim non-Tier 2
LDV/LLDTs, on an annual basis, of 0.30 grams per mile.
(ii) Manufacturers must comply with a fleet average full useful
life NOX standard for their interim non-Tier 2 HLDT/MDPVs,
excluding those HLDTs and MDPVs not yet covered by the phase-in
requirement described in paragraph (l)(2)(ii) of this section, on an
annual basis, of 0.20 grams per mile.
(iii) Manufacturers must determine their compliance with these
interim fleet average NOX standards for each model year by
separately computing the sales weighted average NOX level of
all interim non-Tier 2 LDV/LLDTs and all interim non-Tier 2 HLDT/MDPVs
(excluding those not yet phased in as described in paragraph (l)(2)(ii)
of this section), using the methodology in Sec. 86.1860.
(iv) Manufacturers may generate, bank, average, trade and use
interim non-Tier 2 NOX credits based on their NOX
fleet average as determined under paragraph (l)(3)(iii) of this
section. Unless waived or modified by the Administrator, the provisions
of Sec. 86.1861 of this part apply to the generation, banking,
averaging, trading and use of credits generated by interim non-Tier 2
vehicles. NOX credits generated by interim non-Tier 2
vehicles are not subject to any discount except as required by
Sec. 86.1861-04(e).
(m) NMOG standards for diesel, flexible fueled and dual-fueled LDV/
Ts and MDPVs. (1) For diesel fueled LDV/Ts and MDPVs, the term ``NMOG''
in both the Tier 2 and interim non-Tier 2 standards means non-methane
hydrocarbons.
(2) Flexible-fueled and dual-fuel Tier 2 and interim non-Tier 2
vehicles must be certified to NMOG exhaust emission standards both for
operation on gasoline and on any alternate fuel they are designed to
use. Manufacturers may measure NMHC in lieu of NMOG when flexible-
fueled and dual-fuel vehicles are operated on gasoline, subject to the
requirements of Sec. 86.1810(p).
(n) Hybrid electric vehicle (HEV) and Zero Emission Vehicle (ZEV)
requirements. For FTP and SFTP exhaust emissions, and unless otherwise
approved by the Administrator, manufacturers must measure emissions
from all HEVs and ZEVs according to the requirements and test
procedures found in the document entitled California Exhaust Emission
Standards and Test Procedures for 2003 and Subsequent Model Zero-
Emission Vehicles and 2001 and Subsequent Model Hybrid Electric
Vehicles, in the Passenger Car, Light-duty Truck and Medium-duty
Vehicle Classes. This document is incorporated by reference (see
Sec. 86.1) . Requirements and procedures in this document that are
relevant only to complying with the California ZEV mandate, computing
partial and full ZEV allowance credits, or generating and using ZEV
credits, are not relevant to the federal program and may be
disregarded. Discussion in that document relevant to fleet average NMOG
standards and NMOG credits may also be disregarded.
(o) NMOG measurement. (1) Manufacturers must measure NMOG emissions
in accordance with Part G of the California Non-Methane Organic Gas
Test Procedures. These requirements are incorporated by reference (see
Sec. 86.1).
(2) Manufacturers must not apply reactivity adjustment factors
(RAFs) to NMOG measurements. See Sec. 86.1841.
(p) In-use standards. (1) Table S04-10 of this paragraph (p)
contains in-use emission standards applicable only to vehicles
certified to the bins shown in the table. These standards apply to in-
use testing performed by the manufacturer pursuant to regulations at
Secs. 86.1845-01, 86.1845-04 and 86.1846-01 and to in-use testing
[[Page 6862]]
performed by EPA. These standards do not apply to certification or
Selective Enforcement Auditing.
(2) These standards apply only to LDV/LLDTs produced up through the
2008 model year, and HLDT/MDPVs produced up through the 2010 model
year. These standards are subject to other limitations described in
paragraph (p)(3) of this section.
(3) For the first model year and also for the next model year after
that, in which a test group of vehicles is certified to a bin of
standards to which it has not previously been certified, the standards
in Table S04-10 of this paragraph (p) apply for purposes of in-use
testing only. The standards apply equally to all LDV/Ts and MDPVs
subject to the model year limitation in paragraph (p)(2) of this
section. Table S04-10 follows:
Table S04-10--In-use Compliance Standards (g/mi)
[Certification standards shown for reference purposes]
--------------------------------------------------------------------------------------------------------------------------------------------------------
NOX
Bin number Durability period (miles) NOX In-use certification NMOG In-use NMOG certification
--------------------------------------------------------------------------------------------------------------------------------------------------------
5................................... 50,000 0.07 0.05 n/a................... 0.075
5................................... 120,000 0.10 0.07 n/a................... 0.090
4................................... 120,000 0.06 0.04 n/a................... 0.070
3................................... 120,000 0.05 0.03 0.09.................. 0.055
2................................... 120,000 0.03 0.02 0.02.................. 0.010
--------------------------------------------------------------------------------------------------------------------------------------------------------
(4) For diesel vehicles certified to bin 10, separate in-use
standards apply for NOX and PM emissions. These standards
are determined by multiplying the applicable NOX and PM
certification standards by factors of 1.2 and 1.35, respectively, and
then rounding the result to one more decimal place than contained in
the certification standard. The resultant standards do not apply for
certification or selective enforcement auditing.
(q) Hardship provision for small volume manufacturers. (1) A small
volume manufacturer may apply for relief from any applicable final
phase-in model year contained in this section. Relief will only be
available to defer required compliance with a completely new set of
standards, a fleet average NOX standard, and/or evaporative
emission standard for 100% of affected vehicles for one model year.
Thus, a small volume manufacturer that obtains relief may:
(i) Defer 100% compliance with the fleet average NOX
standard for interim LDV/LLDTs (0.30 g/mi) until 2005;
(ii) Defer 100% compliance with the evaporative emission standards
and/or fleet average NOX standard for Tier 2 LDV/LLDTs (0.07
g/mi) until 2008;
(iii) Defer 100% compliance with the requirements that interim
HLDTs and MDPVs comply with applicable emission standards shown in
Tables S04-1 and S04-2, until 2005;
(iv) Defer 100% compliance with the fleet average NOX
standard for interim HLDT/MDPVs (0.20 g/mi) until 2008; and
(v) Defer 100% compliance with the the evaporative emission
standards and/or fleet average NOX standard for Tier 2 HLDT/
MDPVs (0.07 g/mi) until 2010.
(2) Applications for relief must be in writing and must:
(i) Be submitted before the earliest date of noncompliance;
(ii) Include evidence that the manufacturer will incur severe
economic hardship if relief is not granted;
(iii) Include evidence that the noncompliance will occur despite
the best efforts of the manufacturer to comply; and
(iv) Include evidence that the manufacturer has made every
reasonable effort to purchase credits to address the noncompliance,
where applicable.
(r) NMOG standard adjustment for direct ozone reducing devices. (1)
A manufacturer may obtain NMOG credit for use in certifying to the
exhaust NMOG standards listed in paragraph (c) of this section and for
use in complying with the in-use standards of paragraph (p) of this
section, where applicable. This credit effectively allows the
manufacturer to increase the exhaust NMOG emission standards listed in
these paragraphs by the amount of the applicable credit. For example,
if the applicable NMOG credit was 0.01 g/mi, and the vehicle was being
certified in Bin 5, as described in Table S04-1 of paragraph (c) of
this section, exhaust NMOG emissions must be no greater than 0.10 g/mi,
as opposed to the normal NMOG certification standard of 0.09 g/mi in
Bin 5.
(2) The NMOG credit must be determined through a two-step process.
(i) The first step must determine the ozone reduction potential of
the direct ozone reducing device, the ozone reduction potential of
exhaust NMOG reductions beyond Bin 5 of the Tier 2 standards, and the
ratio of the two methods of reducing ambient ozone levels. The
requirements for this step are described in paragraph (r)(3) of this
section.
(ii) The second step must demonstrate and certify the relevant
performance characteristics of the specific ozone reducing device. The
requirements for this step are described in paragraph (r)(4) of this
section.
(3) The ozone reduction potential of the direct ozone reducing
device and the ozone reduction potential of exhaust NMOG reductions
beyond Bin 5 of the Tier 2 standards must be estimated using procedures
which are approved by the Administrator in advance. At a minimum:
(i) The modeling must utilize an urban airshed model using up-to-
date chemical and meteorological simulation techniques;
(ii) Four local areas must be modeled: New York City, Chicago,
Atlanta and Houston;
(iii) The ozone episodes to be modeled must meet the selection
criteria established by EPA for State ozone SIPs;
(iv) Photochemical and dispersion modeling must follow that used by
EPA to project the ozone impacts of this rule, or its equivalent;
(v) Emission projections must be made for calendar year 2007 and be
consistent with those used by EPA in support of this final rule, or
reflect updates approved by EPA;
(vi) Baseline emissions (emissions prior to use of the direct ozone
reducing device or the VOC emission reductions) must include the
benefits of the Tier 2 emission and sulfur standards; as well as all
other emission controls assumed in EPA's ozone modeling of the benefits
of the Tier 2 and sulfur standards, as described in the Final
Regulatory Impact Analysis to the Tier 2 and Sulfur Rule;
(vii) The ozone benefit of the direct ozone reducing device must
assume a radiator area of 0.29 square meters, an air flow velocity
through the radiator of 40% of vehicle speed, and an ozone reduction
efficiency of 80%, or other
[[Page 6863]]
values as approved by the Administrator;
(viii) The ozone level of the air entering the direct ozone
reducing device must be assumed to be 40% less than that existing in
the grid cell where the vehicle is located;
(ix) The ozone benefit of VOC emission reductions must be modeled
by assuming that all Tier 2 LDVs, LDTs and MDPVs meet an exhaust NMOG
standard of 0.055 g/mi or lower instead of a 0.09 g/mi NMOG standard;
(x) The ozone reducing device must be assumed to be present on all
of the Tier 2 LDVs, LDTs and MDPVs modeled as meeting the more
stringent NMOG standard described in paragraph (r)(3)(ix) of this
section;
(xi) The relationship between changes in exhaust NMOG emission
standards and in-use VOC emissions must be determined sufficiently far
in the future to ensure that the change in ozone being modeled is
sufficiently large to allow comparison with the impact of the ozone
reducing device;
(xii) LDV, LDT and MDPV emissions must be modeled using the updated
Tier 2 emission model developed by EPA as part of the Tier 2 rulemaking
(available from EPA upon request) or MOBILE6, once this model is
available;
(xiii) The ozone benefit of the direct ozone reducing device must
be the reduction in the peak one-hour ozone level anywhere in the
modeled region on the day when ozone is at its highest;
(xiv) The NMOG credit in each local area must be the reduction in
peak one hour ozone associated with use of the direct ozone reducing
device divided by the reduction in peak one hour ozone associated with
the more stringent exhaust NMOG emission standard multiplied by the
reduction the exhaust NMOG standard (in g/mi) modeled in paragraph
(r)(3)(ix) of this section; and
(xv) The NMOG credit applicable to the generic direct ozone
reducing device modeled in paragraph (r)(3)(vii) of this section must
be determined by arithmetically averaging the NMOG credit determined in
paragraph (r)(3)(xiv) of this section for each of the four local areas.
(4) The manufacturer must submit data, using procedures which have
been approved by the Administrator in advance, that demonstrate the
following aspects of the device being certified:
(i) The air flowrate through the device as a function of vehicle
speed;
(ii) The ozone reduction efficiency of the device over the useful
life of the vehicle for a range of vehicle speeds and ozone levels;
(iii) The method through which the onboard diagnostic system will
detect improper performance.
(5) The NMOG credit for the specific application of this technology
tested under the provisions of paragraph (r)(4) of this section is the
four-area NMOG credit determined in paragraph (r)(3)(xv) of this
section scaled based on the performance of the specific application
tested under the provisions of paragraph (r)(4) of this section
relative to those assumed in paragraph (r)(3)(vii) of this section.
This scaling must assume a linear relationship between the NMOG credit
and three aspects of the direct ozone reducing device: radiator area,
average air flow through the radiator relative to vehicle speed, and
ozone reduction efficiency and the NMOG credit. The NMOG credit must be
rounded to the nearest 0.001 g/mi. For example, if the NMOG credit
determined in paragraph (r)(3)(xv) of this section was 0.01 g/mi and
the specific direct ozone reducing device being certified had an area
of 0.20 square meters, an air flow velocity of 30% of vehicle speed and
an ozone reducing efficiency of 70%, and the generic ozone reducing
device simulated in the ozone model under paragraph (r)(3)(vii) of this
section had an area of 0.29 square meters, an air flow velocity of 40%
of vehicle speed and an ozone reducing efficiency of 80%, the NMOG
credit applicable to the specific device being certified would be:
0.01 g/mi * (0.20/0.29) * (30%/40%) * 70%/80%) = 0.005
25. Section 86.1812-01 is amended by adding a sentence to the end
of the introductory text to read as follows:
Sec. 86.1812-01 Emission standards for light-duty trucks 1.
* * * This section does not apply to 2004 and later model year
vehicles, except as specifically referenced by Sec. 86.1811-04.
* * * * *
26. Section 86.1813-01 is amended by adding a sentence to the end
of the introductory text to read as follows:
Sec. 86.1813-01 Emission standards for light-duty trucks 2.
* * * This section does not apply to 2004 and later model year
vehicles, except as specifically referenced by Sec. 86.1811-04.
* * * * *
27. Section 86.1814-02 is amended by adding a sentence to the end
of the introductory text to read as follows:
Sec. 86.1814-02 Emission standards for light-duty trucks 3.
* * * This section does not apply to 2004 and later model year
vehicles, except as specifically referenced by Sec. 86.1811-04.
* * * * *
Sec. 86.1814-04 [Removed]
28. Section 86.1814-04 is removed.
29. Section 86.1815-02 is amended by adding a sentence to the end
of the introductory text to read as follows:
Sec. 86.1815-02 Emission standards for light-duty trucks 4.
* * * This section does not apply to 2004 and later model year
vehicles, except as specifically referenced by Sec. 86.1811-04.
* * * * *
Sec. 86.1815-04 [Removed]
30. Section 86.1815-04 is removed.
31. Section 86.1824-01 is amended by revising the first sentence of
the introductory text and adding paragraphs (a)(2)(iii), (a)(2)(iv) and
(a)(2)(v) to read as follows:
Sec. 86.1824-01 Durability demonstration procedures for evaporative
emissions.
This section applies to gasoline-, methanol-, liquefied petroleum
gas-, and natural gas-fueled LDV/Ts and MDPVs. * * *
(a) * * *
(2) * * *
(iii) For gasoline fueled vehicles certified to meet the
evaporative emission standards set forth in Sec. 86.1811-04(e)(1), any
service accumulation method for evaporative emissions must employ
gasoline fuel for the entire service accumulation period which contains
ethanol in, at least, the highest concentration permissible in gasoline
under federal law and that is commercially available in any state in
the United States. Unless otherwise approved by the Administrator, the
manufacturer must determine the appropriate ethanol concentration by
selecting the highest legal concentration commercially available during
the calendar year before the one in which the manufacturer begins its
service accumulation. The manufacturer must also provide information
acceptable to the Administrator to indicate that the service
accumulation method is of sufficient design, duration and severity to
stabilize the permeability of all non-metallic fuel and evaporative
system components to the service accumulation fuel constituents.
(iv) For flexible-fueled, dual-fueled, multi-fueled, ethanol-fueled
and methanol-fueled vehicles certified to
[[Page 6864]]
meet the evaporative emission standards set forth in Sec. 86.1811-
04(e)(1), any service accumulation method must employ fuel for the
entire service accumulation period which the vehicle is designed to use
and which the Administrator determines will have the greatest impact
upon the permeability of evaporative and fuel system components. The
manufacturer must also provide information acceptable to the
Administrator to indicate that the service accumulation method is of
sufficient design, duration and severity to stabilize the permeability
of all non-metallic fuel and evaporative system components to service
accumulation fuel constituents.
(v) A manufacturer may use other methods, based upon good
engineering judgment, to meet the requirements of paragraphs (a)(2)
(iii) and (iv) of this section, as applicable. These methods must be
approved in advance by the Administrator and meet the objectives of
paragraphs (a)(2) (iii) and (iv) of this section, as applicable: to
provide assurance that the permeability of all non-metallic fuel and
evaporative system components will not lead to evaporative emission
standard exceedance under sustained exposure to commercially available
alcohol-containing fuels for the useful life of the vehicle.
* * * * *
32. Section 86.1827-01 is amended by adding paragraph (e) to read
as follows:
Sec. 86.1827-01 Test group determination.
* * * * *
(e) Unless otherwise approved by the Administrator, a manufacturer
of hybrid electric vehicles must create separate test groups based on
both the type of battery technology employed by the HEV and upon
features most related to their exhaust emission characteristics.
33. Section 86.1829-01 is amended by adding paragraphs
(b)(1)(iii)(E) and (d) to read as follows:
Sec. 86.1829-01 Durability and emission testing requirements; waivers.
* * * * *
(b) * * * (1) * * *
(iii) * * *
(E) In lieu of testing a gasoline or diesel fueled Tier 2 or
interim non-Tier 2 vehicle for formaldehyde emissions when such
vehicles are certified based upon NMHC emissions, a manufacturer may
provide a statement in its application for certification that such
vehicles comply with the applicable standards. Such a statement must be
based on previous emission tests, development tests, or other
appropriate information.
* * * * *
(d)(1) Beginning in the 2004 model year, the exhaust emissions must
be measured from all LDV/T exhaust emission data vehicles tested in
accordance with the federal Highway Fuel Economy Test (HWFET; 40 CFR
part 600, subpart B). The oxides of nitrogen emissions measured during
such tests must be multiplied by the oxides of nitrogen deterioration
factor computed in accordance with Sec. 86.1823-01 and subsequent model
year provisions, and then rounded and compared with the applicable
emission standard in Sec. 86.1811-04. All data obtained from the
testing required under this paragraph (d) must be reported in
accordance with the procedures for reporting other exhaust emission
data required under this subpart.
(2) In the event that one or more emission data vehicles fail the
applicable HWFET standard in Sec. 86.1811-04, the manufacturer may
submit to the Administrator engineering data or other evidence showing
that the system is capable of complying with the standard. If the
Administrator finds, on the basis of an engineering evaluation, that
the system can comply with the HWFET standard, he or she may accept the
information supplied by the manufacturer in lieu of the test data.
(3) The provisions of paragraphs (d)(1) and (d)(2) of this section
do not apply to MDPVs.
34. Section 86.1837-01 is amended by designating the existing text
as paragraph (a) and by adding paragraph (b) to read as follows:
Sec. 86.1837-01 Rounding of emission measurements.
* * * * *
(b) Fleet average NOX value calculations, where
applicable, must be rounded before comparing with the applicable fleet
average standard and calculating credits generated or needed as
follows: manufacturers must round to the same number of significant
figures that are contained in the quantity of vehicles in the
denominator of the equation used to compute the fleet average
NOX emissions, but to no less than one more decimal place
than that of the applicable fleet average standard.
35. Section 86.1838-01 is amended by revising paragraphs (b)(1)(i)
and (c)(2)(iii) to read as follows:
Sec. 86.1838-01 Small volume manufacturer certification procedures.
* * * * *
(b) * * *
(1) * * *
(i) The optional small-volume manufacturers certification
procedures apply to LDV/Ts and MDPVs produced by manufacturers with
U.S. sales, including all vehicles and engines imported under
provisions of 40 CFR 85.1505 and 85.1509 (for the model year in which
certification is sought) of fewer than 15,000 units (LDV/Ts, MDPVs,
heavy-duty vehicles and heavy-duty engines combined).
* * * * *
(c) * * *
(2) * * *
(iii) The provisions of Sec. 86.1845-01(c)(2) and Sec. 86.1845-
04(c)(2) that require one vehicle of each test group during high
mileage in-use verification testing to have a minimum odometer mileage
of 75 percent of the full useful life mileage for Tier 1 and NLEV LDV/
Ts, or 90,000 (or 105,000) miles for Tier 2 and interim non-Tier 2
vehicles, do not apply.
* * * * *
36. Section 86.1840-01 is amended by adding paragraphs (c) and (d)
to read as follows:
Sec. 86.1840-01 Special test procedures.
* * * * *
(c) Manufacturers of vehicles equipped with periodically
regenerating trap oxidizer systems must propose a procedure for testing
and certifying such vehicles including SFTP testing for the review and
approval of the Administrator. The manufacturer must submit its
proposal before it begins any service accumulation or emission testing.
The manufacturer must provide with its submittal, sufficient
documentation and data for the Administrator to fully evaluate the
operation of the trap oxidizer system and the proposed certification
and testing procedure.
(d) The provisions of paragraphs (a) and (b) of this section also
apply to MDPVs.
37. Section 86.1841-01 is amended by revising paragraph (a)(1)(iii)
and adding paragraph (e) to read as follows:
Sec. 86.1841-01 Compliance with emission standards for the purpose of
certification.
(a) * * *
(1) * * *
(iii) For the SFTP composite standard of NMHC+NOX, the
measured results of NMHC and NOX must each be adjusted by
their corresponding deterioration factors before the composite
NMHC+NOX certification level is calculated. Where the
applicable FTP exhaust hydrocarbon emission standard is an NMOG
standard, the applicable NMOG deterioration factor must be used in
place of the NMHC deterioration
[[Page 6865]]
factor, unless otherwise approved by the Administrator.
* * * * *
(e) Unless otherwise approved by the Administrator, manufacturers
must not use Reactivity Adjustment Factors (RAFs) in their calculation
of the certification levels of any pollutant, regardless of the fuel
used in the test vehicle.
38. Section 86.1844-01 is amended by adding new paragraphs (d)(15),
(d)(16), (e)(6) and (i) to read as follows:
Sec. 86.1844-01 Information requirements: Application for
certification and submittal of information upon request.
* * * * *
(d) * * *
(15) For HEVs, unless otherwise approved by the Administrator, the
information required by the ``California Exhaust Emission Standards and
Test Procedures for 2003 and Subsequent Model Zero-Emission Vehicles,
and 2001 and Subsequent Model Hybrid Electric Vehicles, in the
Passenger Car, Light-Duty Truck and Medium-duty Vehicle Classes'' must
be supplied. These procedures are incorporated by reference (see
Sec. 86.1).
(16) (i) For Tier 2 and interim non-Tier 2 vehicles beginning with
the 2004 model year, a statement indicating that the manufacturer has
conducted an engineering analysis of the complete exhaust system to
ensure that the exhaust system has been designed:
(A) To facilitate leak-free assembly, installation and operation
for the full useful life of the vehicle; and
(B) To facilitate that such repairs as might be necessary on a
properly maintained and used vehicle can be performed in such a manner
as to maintain leak-free operation, using tools commonly available in a
motor vehicle dealership or independent repair shop for the full useful
life of the vehicle.
(ii) The analysis must cover the exhaust system and all related and
attached components including the air injection system, if present,
from the engine block manifold gasket surface to a point sufficiently
past the last catalyst and oxygen sensor in the system to assure that
leaks beyond that point will not permit air to reach the oxygen sensor
or catalyst under normal operating conditions.
(iii) A ``leak-free'' system is one in which leakage is controlled
so that it will not lead to a failure of the certification exhaust
emission standards in-use.
(iv) The provisions of paragraphs (d)(16)(i) and (ii) do not apply
to vehicles whose certification is carried over from the NLEV program
or carried across from the Cal LEV I program.
(e) * * *
(6) The NMOG/NMHC and HCHO to NMHC ratios established according to
Sec. 86.1845-04.
* * * * *
(i) For exhaust emission testing for Tier 2 and interim non-Tier 2
vehicles, if approved by the Administrator in advance, manufacturers
may submit exhaust emission test data generated under California test
procedures to comply with any certification and in-use testing
requirements under this subpart. The Administrator may require
supporting information to establish that differences between California
and Federal exhaust testing procedures and fuels will not produce
significant differences in emission results. The Administrator may
require that in-use testing be performed using Federal test fuels as
specified in Sec. 86.113-04(a)(1).
39. Section 86.1845-04 is amended by:
a. revising paragraph (a),
b. revising paragraph (c)(2), and
c. adding paragraph (f).
The revisions and additions read as follows:
Sec. 86.1845-04 Manufacturer in-use verification testing requirements
(a) General requirements. (1) A manufacturer of LDVs, LDTs and/or
MDPVs must test, or cause to have tested, a specified number of LDVs,
LDTs and MDPVs. Such testing must be conducted in accordance with the
provisions of this section. For purposes of this section, the term
vehicle includes light-duty vehicles, light-duty trucks and medium-duty
vehicles.
(2) Unless otherwise approved by the Administrator, no emission
measurements made under the requirements of this section may be
adjusted by Reactivity Adjustment Factors (RAFs).
(3) Upon a manufacturer's written request, prior to in-use testing,
that presents information to EPA regarding pre-conditioning procedures
designed solely to remove the effects of high sulfur in gasoline from
vehicles produced through the 2007 model year, EPA will consider
allowing such procedures on a case-by-case basis. EPA's decision will
apply to manufacturer in-use testing conducted under this section and
to any in-use testing conducted by EPA.
* * * * *
(c) * * *
(2) Vehicle mileage:
(i) All test vehicles must have a minimum odometer mileage of
50,000 miles. At least one vehicle of each test group must have a
minimum odometer mileage of 75 percent of the full useful life mileage.
See Sec. 86.1838-01(c)(2) for small volume manufacturer mileage
requirements; or
(ii) For engine families certified for a useful life of 150,000
miles, at least one vehicle must have a minimum odometer mileage of
105,000 miles. See Sec. 86.1838-01(c)(2) for small volume manufacturer
mileage requirements.
* * * * *
(f)(1) A manufacturer may conduct in-use testing on a test group by
measuring NMHC exhaust emissions rather than NMOG exhaust emissions.
The measured NMHC exhaust emissions must be multiplied by the
adjustment factor used for certification of the test group, or another
adjustment factor acceptable to the Administrator, to determine the
equivalent NMOG exhaust emission values for the test vehicle. The
equivalent NMOG exhaust emission value must be used in place of the
measured NMOG exhaust emission value in determining the exhaust NMOG
results. The equivalent NMOG exhaust emission values must be compared
to the NMOG exhaust emission standard from the emission bin to which
the test group was certified.
(2) For flexible-fueled LDVs, LDTs and MDPVs certified to NMOG
standards, the manufacturer may request from the Administrator the use
of a methanol (M85) or ethanol (E85) NMOG exhaust emission to gasoline
NMHC exhaust emission ratio which must be established during
certification for each emission data vehicle for the applicable test
group. The results must be submitted to the Administrator in the Part
II application for certification. After approval by the Administrator,
the measured gasoline NMHC exhaust emissions must be multiplied by the
M85 or E85 NMOG to gasoline NMHC ratio submitted in the application for
certification for the test group to determine the equivalent NMOG
exhaust emission values for the test vehicle. The equivalent NMOG
exhaust emission value must be used in place of the measured NMOG
exhaust emission value in determining the exhaust NMOG results. The
equivalent NMOG exhaust emission values must be compared to the NMOG
exhaust emission standard from the vehicle emission standard bin to
which the test group was certified.
(3) If the manufacturer measures NMOG it must also measure and
report HCHO emissions. As an alternative to measuring the HCHO content,
if the manufacturer measures NMHC as permitted in paragraph (f)(1) of
this section, the Administrator may approve,
[[Page 6866]]
upon submission of supporting data by a manufacturer, the use of HCHO
to NMHC ratios. To request the use of HCHO to NMHC ratios, the
manufacturer must establish during certification testing the ratio of
measured HCHO exhaust emissions to measured NMHC exhaust emissions for
each emission data vehicle for the applicable test group. The results
must be submitted to the Administrator with the Part II application for
certification. Following approval of the application for certification,
the manufacturer may conduct in-use testing on the test group by
measuring NMHC exhaust emissions rather than HCHO exhaust emissions.
The measured NMHC exhaust emissions must be multiplied by the HCHO to
NMHC ratio submitted in the application for certification for the test
group to determine the equivalent HCHO exhaust emission values for the
test vehicle. The equivalent HCHO exhaust emission values must be
compared to the HCHO exhaust emission standard applicable to the test
group.
40. Section 86.1846-01 is amended by revising paragraph (a) to read
as follows:
Sec. 86.1846-01 Manufacturer in-use confirmatory testing requirements.
(a) General requirements. (1) A manufacturer of LDVs, LDTs and/or
MDPVs must test, or cause testing to be conducted, under this section
when the emission levels shown by a test group sample from testing
under Sec. 86.1845-01 exceeds the criteria specified in paragraph (b)
of this section. The testing required under this section applies
separately to each test group and at each test point (low and high
mileage) that meets the specified criteria. The testing requirements
apply separately for each model year starting with model year 2001.
(2) Except for vehicles certified under the NLEV provisions of
subpart R of this part or unless otherwise approved by the
Administrator, no emission measurements made under the requirements of
this section may be adjusted by Reactivity Adjustment Factors (RAFs).
(3) For purposes of this section, the term vehicle includes light-
duty vehicles, light-duty trucks and medium-duty vehicles.
(4) Upon a manufacturer's written request, prior to in-use testing,
that presents information to EPA regarding pre-conditioning procedures
designed solely to remove the effects of high sulfur in gasoline from
vehicles produced through the 2007 model year, EPA will consider
allowing such procedures on a case-by-case basis. EPA's decision will
apply to manufacturer in-use testing conducted under this section and
to any in-use testing conducted by EPA.
* * * * *
41. Section 86.1848-01 is amended by adding paragraph (c)(7) to
read as follows:
Sec. 86.1848-01 Certification.
* * * * *
(c) * * *
(7) For Tier 2 and interim non-Tier 2 vehicles, all certificates of
conformity issued are conditional upon compliance with all provisions
of Secs. 86.1811-04, 86.1860-04, 86.1861-04 and 86.1862-04 both during
and after model year production.
(i) Failure to meet the fleet average NOX requirements
of 0.07g/mi, 0.30 g/mi or 0.20 g/mi, as applicable, will be considered
to be a failure to satisfy the terms and conditions upon which the
certificate(s) was (were) issued and the vehicles sold in violation of
the fleet average NOX standard will not be covered by the
certificate(s).
(ii) Failure to comply fully with the prohibition against selling
credits that it has not generated or that are not available, as
specified in Sec. 86.1861-04, will be considered to be a failure to
satisfy the terms and conditions upon which the certificate(s) was
(were) issued and the vehicles sold in violation of this prohibition
will not be covered by the certificate(s).
(iii) Failure to comply fully with the phase-in requirements of
Sec. 86.1811-04, will be considered to be a failure to satisfy the
terms and conditions upon which the certificate(s) was (were) issued
and the vehicles sold which do not comply with Tier 2 or interim non-
Tier 2 requirements, up to the number needed to comply, will not be
covered by the certificate(s).
(iv) For paragraphs (c)(7)(i) through (iii) of this section:
(A) The manufacturer must bear the burden of establishing to the
satisfaction of the Administrator that the terms and conditions upon
which the certificate(s) was (were) issued were satisfied.
(B) For recall and warranty purposes, vehicles not covered by a
certificate of conformity will continue to be held to the standards
stated or referenced in the certificate that otherwise would have
applied to the vehicles.
* * * * *
42. Sections 86.1854 through 86.1859 are added and reserved.
43. Section 86.1860-04 is added to read as follows:
Sec. 86.1860-04 How to comply with the Tier 2 and interim non-Tier 2
fleet average NOX standards.
(a) The fleet average standards referred to in this section are the
corporate fleet average standards for FTP exhaust NOX
emissions set forth in: Sec. 86.1811-04(d) for Tier 2 LDV/Ts and MDPVs
(0.07 g/mi); Sec. 86.1811-04(l)(3) for interim non-Tier 2 LDV/LLDTs
(0.30 g/mi); and, Sec. 86.1811-04(l)(3) for interim non-Tier 2 HLDT/
MDPVs (0.20 g/mi). Unless otherwise indicated in this section, the
provisions of this section apply to all three corporate fleet average
standards, except that the interim non-Tier 2 fleet average
NOX standards do not apply to a manufacturer whose U.S. LDV/
T and MDPV sales are 100% Tier 2 LDV/Ts and MDPVs.
(b)(1) Each manufacturer must comply with the applicable fleet
average NOX standard, or standards, on a sales weighted
average basis, at the end of each model year, using the procedure
described in this section.
(2) During a phase-in year, the manufacturer must comply with the
applicable fleet average NOX standard for the required
phase-in percentage for that year as specified in Sec. 86.1811-
04(k)(1), or for the alternate phase-in percentage as permitted under
Sec. 86.1811-04(k)(6).
(c)(1)(i) Each manufacturer must separately compute the sales
weighted averages of the individual NOX emission standards
to which it certified all its Tier 2 vehicles, interim non-Tier 2 LDV/
LLDTs, and interim non-Tier 2 HLDT/MDPVs of a given model year as
described in Sec. 86.1804(l)(2).
(ii) For model years up to and including 2008, manufacturers must
compute separate NOX fleet averages for Tier 2 LDV/LLDTs and
Tier 2 HLDT/MDPVs.
(2)(i) For model years up to and including 2008, if a manufacturer
certifies its entire U.S. sales of Tier 2 or interim non-Tier 2 LDV/
LLDTs or interim non-Tier 2 HLDT/MDPVs, to full useful life bins having
NOX standards at or below the applicable fleet average
NOX standard, that manufacturer may elect not to compute a
fleet average NOX level for that category of vehicles. A
manufacturer making such an election must not generate NOX
credits for that category of vehicles for that model year.
(ii) For model years after 2008, if a manufacturer certifies its
entire U.S. sales of Tier 2 vehicles to full useful life bins having
NOX standards at or below 0.07 gpm, that manufacturer may
elect not to compute a fleet average NOX level for its Tier
2 vehicles. A manufacturer
[[Page 6867]]
making such an election must not generate NOX credits for
that model year.
(d) The sales weighted NOX fleet averages determined
pursuant to paragraph (c) of this section must be compared with the
applicable fleet average standard; 0.07 g/mi for NOX for
Tier 2 LDV/Ts and MDPVs, 0.30 g/mi for NOX for interim non-
Tier 2 LDV/LLDTs, and 0.20 g/mi for NOx for interim non-Tier 2 HLDT/
MDPVs. Each manufacturer must comply on an annual basis with the fleet
average standards by:
(1) Showing that its sales weighted average NOX
emissions of its LDV/LLDTs, HLDT/MDPVs or LDV/Ts, as applicable, are at
or below the applicable fleet average standard; or
(2) If the sales weighted average is not at or below the applicable
fleet average standard, by obtaining and applying sufficient Tier 2
NOX credits, interim non-Tier 2 LDV/LLDT NOX
credits or interim non-Tier 2 HLDT/MDPV NOX credits, as
appropriate, and as permitted under Sec. 86.1861-04.
(i) Manufacturers may not use NMOG credits generated under the NLEV
program in subpart R of this part to meet any Tier 2 or interim non-
Tier 2 NOX fleet average standard.
(ii) Tier 2 NOX credits may not be used to meet any
fleet average interim non-Tier 2 NOX standard except as
permitted by Sec. 86.1860-04(e)(1).
(iii) Interim non-Tier 2 NOX credits may not be used to
meet the Tier 2 fleet average NOX standard.
(iv) Interim non-Tier 2 NOX credits from HLDT/MDPVs may
not be used to meet the fleet average NOX standard for
interim non-Tier 2 LDV/LLDTs, and interim non-Tier 2 credits from LDV/
LLDTs may not be used to meet the fleet average NOX standard
for interim non-Tier 2 HLDT/MDPVs.
(e) (1) Manufacturers that cannot meet the requirements of
paragraph (d) of this section, may carry forward a credit deficit for
three model years, but must not carry such deficit into the fourth
year. When applying credits to reduce or eliminate a deficit under the
fleet average standard for interim LDV/LLDTs or interim HLDT/MDPVs,
that has been carried forward into a year subsequent to its generation,
a manufacturer may apply credits from Tier 2 LDV/LLDTs or Tier 2 HLDT/
MDPVs, respectively, as well as from the appropriate group of interim
vehicles. A manufacturer must not use interim credits to reduce or
eliminate any NOX credit deficit under the Tier 2 fleet
average standard.
(2) A manufacturer carrying a credit deficit into the third year
must generate or obtain credits to offset that deficit and apply them
to the deficit at a rate of 1.2:1, (i.e. deficits carried into the
third model year must be repaid with credits equal to 120 percent of
the deficit).
(3) A manufacturer must not bank credits for future model years or
trade credits to another manufacturer during a model year into which it
has carried a deficit.
(f) Computing fleet average NOX emissions. (1)
Manufacturers must separately compute these fleet NOX
averages using the equation contained in paragraph (f)(2) of this
section:
(i) Their Tier 2 LDV/LLDT and Tier 2 HLDT/MDPV fleet average
NOX emissions for each model year through 2008;
(ii) Their combined Tier 2 LDV/T and MDPV fleet average
NOX emissions for each model year after 2008;
(iii) Their interim non-Tier 2 LDV/LLDT fleet average
NOX emissions for each model year through 2006; and
(iv) Their interim non-Tier 2 HLDT/MDPV fleet average
NOX emissions for each model year through 2008.
(2) The equation for computing fleet average NOX
emissions is as follows:
[GRAPHIC] [TIFF OMITTED] TR10FE00.012
Where:
N = The number of vehicles sold in the applicable category that were
certified for each corresponding NOX emission bin. N must be
based on vehicles counted to the point of first sale.
Emission standard = The individual full useful life NOX
emission standard for each bin for which the manufacturer had sales.
(3) The results of the calculation in paragraph (f)(2) of this
section must be rounded as required by Sec. 86.1837-01.
(4) When approved in advance by the Administrator, the numerator in
the equation in paragraph (f)(2) of this section may be adjusted
downward by the product of the number of HEVs from each NOX
emission bin times a HEV NOX contribution factor determined
through mathematical estimation of the reduction in NOX
emissions over the test procedure used to certify the HEVs. The
reduction in NOX emissions must be determined using good
engineering judgement and reflect the relation in actual full useful
life NOX emissions to the full useful life NOX
standards for the certification bin applicable to the vehicles. The
Administrator may require that calculation of the HEV NOX
contribution factor include vehicle parameters such as vehicle weight,
portion of time during the test procedure that the HEV operates with
zero exhaust emissions, zero emission range, NOX emissions
from fuel-fired heaters and NOX emissions from electricity
production and storage.
(g) Additional credits for vehicles certified to 150,000 mile
useful lives. (1) A manufacturer may certify any test group to an
optional useful life of 15 years or 150,000 miles, whichever occurs
first.
(2)(i) For any test group certified to the optional 15 year/150,000
mile useful life, the manufacturer may generate additional
NOX credits, except as prohibited in paragraph (g)(3) of
this section.
(ii) The manufacturer must calculate these extra NOX
credits, where permitted, by substituting an adjusted NOX
standard for the applicable NOX standard from the full
useful life certification bin when it calculates the applicable fleet
average NOX emissions by the procedure in paragraph (f) of
this section. The adjusted standard must be equal to the applicable
full useful life NOX standard multiplied by 0.85 and rounded
to the same number of decimal places as the applicable full useful life
NOX standard.
(3) A manufacturer electing not to comply with applicable
intermediate life standards as permitted under Sec. 86.1811-04(c)(4)
may not generate additional credits from vehicles certified to a useful
life of 15 years/150,000 miles; except that, for bins where such
intermediate life standards do not exist or are specifically deemed to
be optional in Sec. 86.1811-04(c)(4), the manufacturer may generate
additional
[[Page 6868]]
NOX credits from vehicles certified to a useful life of 15
years/150,000 miles.
(h) Additional credits for vehicles certified to low bins. A
manufacturer may obtain additional NOX credits by certifying
vehicles to bins 1 and/or 2 in model years from 2001 through 2005
subject to the following requirements:
(1) When computing the fleet average Tier 2 NOX
emissions using the formula in paragraph (f)(2) of this section, the
manufacturer may multiply the number (N) of vehicles certified to bins
1 and 2 by the applicable multiplier shown in Table S04-11. These
multipliers may not be used after model year 2005. The table follows:
Table S04-11--Multipliers for Additional Tier 2 NOX Credits for Bin 1
and 2 LDV/Ts.
------------------------------------------------------------------------
Bin Model year Multiplier
------------------------------------------------------------------------
2................................. 2001, 2002, 2003, 1.5
2004, 2005.
1................................. 2001, 2002, 2003, 2.0
2004, 2005.
------------------------------------------------------------------------
(2) [Reserved]
44. Section 86.1861-04 is added to read as follows:
Sec. 86.1861-04 How do the Tier 2 and interim non-Tier 2
NOX averaging, banking and trading programs work?
(a) General provisions for Tier 2 credits and debits. (1) A
manufacturer whose Tier 2 fleet average NOX emissions
exceeds the 0.07 g/mile standard must complete the calculation at
paragraph (b) of this section to determine the size of its
NOX credit deficit. A manufacturer whose Tier 2 fleet
average NOX emissions is less than or equal to the 0.07 g/
mile standard must complete the calculation in paragraph (b) of this
section if it desires to generate NOX credits. In either
case, the number of credits or debits determined in the calculation at
paragraph (b) of this section must be rounded to the nearest whole
number.
(2) Credits generated according to the calculation in paragraph
(b)(1) of this section may be banked for future use or traded to
another manufacturer.
(3) NOX credits are not subject to any discount or
expiration date except as required under the deficit carryforward
provisions of Sec. 86.1860-04(e)(2).
(4) If a manufacturer calculates that it has negative credits
(debits or a credit deficit) for a given model year, it must obtain
sufficient credits, as required under Sec. 86.1860-04(e)(2), from
vehicles produced by itself or another manufacturer in a model year no
later than the third model year following the model year for which it
calculated the credit deficit. (Example: if a manufacturer calculates
that it has a NOX credit deficit for the 2008 model year, it
must obtain sufficient NOX credits to offset that deficit
from its own production or that of other manufacturers' 2011 or earlier
model year vehicles.)
(5) A small volume manufacturer that has opted not to meet all
phase-in requirements as permitted under Sec. 86.1811-04(k)(5), must:
(i) Demonstrate compliance or obtain appropriate credits to comply
with the 0.30 g/mi. fleet average NOX standard for interim
LDV/LLDTs for 100% of its LDV/LLDTs in 2004, in order to carry forward
a credit deficit for later model year interim LDV/LLDTs; and
(ii) Demonstrate compliance or obtain appropriate credits to comply
with the 0.07 g/mi. fleet average NOX standard for 100% of
its LDV/LLDTs in 2007, in order to carry forward a credit deficit for
later model year Tier 2 LDV/LLDTs; and
(iii) Demonstrate compliance or obtain appropriate credits to
comply with the 0.20 g/mi. fleet average interim NOX
standard for 100% of its HLDT/MDPVs in 2007, in order to carry forward
a credit deficit for later model year interim HLDT/MDPVs.
(6)(i) Manufacturers may not use NOX credits to comply
with the NLEV requirements of subpart R of this part.
(ii) Manufacturers may not use NMOG credits generated by vehicles
certified to the NLEV requirements of subpart R of this part to comply
with any NOX requirements of this subpart.
(iii) Manufacturers may not use NOX credits generated by
interim non-Tier 2 vehicles to comply with the fleet average
NOX standard for Tier 2 vehicles.
(iv) Manufacturers may not use NOX credits generated by
Tier 2 vehicles to comply with any fleet average NOX
standard for interim non-Tier 2 vehicles, except as permitted under
Sec. 86.1860-04(e).
(v) Manufacturers may not use NOX credits generated by
interim non-Tier 2 LDV/LLDTs to comply with the fleet average
NOX standard for interim non-Tier 2 HLDT/MDPVs.
(vi) Manufacturers may not use NOX credits generated by
interim non-Tier 2 HLDT/MDPVs to comply with the fleet average
NOX standard for interim non-Tier 2 LDV/LLDTs.
(vii) Manufacturers may not use NOX credits generated by
Tier 2 LDV/LLDTs to comply with the Tier 2 NOX average
standard for HLDT/MDPVs before the 2009 model year.
(viii) Manufacturers may not use NOX credits generated
by Tier 2 HLDT/MDPVs to comply with the Tier 2 NOX average
standard for LDV/LLDTs before the 2009 model year.
(7) Manufacturers may bank Tier 2 NOX credits for later
use to meet the Tier 2 fleet average NOX standard or trade
them to another manufacturer. Credits are earned on the last day of the
model year. Before trading or carrying over credits to the next model
year, a manufacturer must apply available credits to offset any credit
deficit, where the deadline to offset that credit deficit has not yet
passed.
(8) There are no property rights associated with NOX
credits generated under this subpart. Credits are a limited
authorization to emit the designated amount of emissions. Nothing in
this Part or any other provision of law should be construed to limit
EPA's authority to terminate or limit this authorization through a
rulemaking.
(b) Calculating Tier 2 credits and debits. (1) Manufacturers that
achieve fleet average NOX values from the calculation in
Sec. 86.1860-04(f), lower than the applicable fleet average
NOX standard, may generate credits for a given model year,
in units of vehicle-g/mi NOX, determined in this equation:
[(Fleet Average NOX Standard)-(Manufacturer's Fleet Average
NOX Value)] + (Total number of Tier 2 Vehicles Sold,
Including ZEVs and HEVs)
Where: The number of Tier 2 vehicles sold is based on the point of
first sale and does not include vehicles sold in California or a state
that adopts, and has in effect for that model year, California emission
requirements.
(2) Where the result of the calculation in paragraph (b)(1) of this
section is a negative number, the manufacturer must generate negative
NOX credits (debits).
(c) Early banking. (1)(i) Manufacturers may certify LDV/LLDTs to
the Tier 2 FTP exhaust standards in Sec. 86.1811-04 for model years
2001-2003 in order to bank credits for use in the 2004 and later model
years. Such vehicles must also meet SFTP exhaust emission standards
specified in Sec. 86.1811-04.
(ii) Manufacturers may certify HLDT/MDPVs to the Tier 2 FTP exhaust
standards in Sec. 86.1811-04 for model years 2001-2007 in order to bank
credits for use in the 2008 and later model years. Such vehicles must
also meet applicable SFTP exhaust emission standards specified in
Sec. 86.1811-04.
(iii) This process is referred to as ``early banking'' and the
resultant credits are referred to as ''early credits''. In order to
bank early credits, a manufacturer must comply with all exhaust
emission standards and requirements applicable to Tier 2 LDV/LLDTs and/
or HLDT/MDPVs, as applicable, except as allowed under paragraph (c)(4)
of this section.
(2) To generate early credits, a manufacturer must separately
compute
[[Page 6869]]
the sales weighted NOX average of the LDV/LLDTs and HLDT/
MDPVs it certifies to the Tier 2 exhaust requirements and separately
compute credits using the calculations in this section and in
Sec. 86.1860-04.
(3) Early HLDT/MDPV credits may not be applied to LDV/LLDTs before
the 2009 model year. Early LDV/LLDT credits may not be applied to HLDT/
MDPVs before the 2009 model year.
(4) Manufacturers may generate early Tier 2 credits from LDVs,
LDT1s and LDT2s that are certified to a full useful life of 100,000
miles, provided that the credits are prorated by a multiplicative
factor of 0.833 (the quotient of 100,000/120,000). Where a manufacturer
has both 100,000 and 120,000 mile full useful life vehicles for which
it desires to bank early credits, it must compute the credits from each
group of vehicles separately and then add them together.
(5) Manufacturers may bank early credits for later use to meet the
Tier 2 fleet average NOX standard or trade them to another
manufacturer subject to the restriction in paragraph (c)(3) of this
section.
(6) Early credits must not be used to comply with the fleet average
NOX standards for interim non-Tier 2 vehicles.
(7) Nothing in this section prevents the use of the NMOG values of
2003 and earlier model year LDV/LLDTs from being used in calculations
of the NMOG fleet average and subsequent NMOG credit generation, under
subpart R of this part.
(d) Reporting and recordkeeping for Tier 2 NOX credits
including early credits. Each manufacturer must comply with the
reporting and recordkeeping requirements of Sec. 86.1862-04.
(e) Fleet average NOX debits. (1) Manufacturers must
offset any debits for a given model year by the fleet average
NOX reporting deadline for the third model year following
the model year in which the debits were generated as required in
Sec. 86.1860.04(e)(2). Manufacturers may offset debits by generating
credits or acquiring credits generated by another manufacturer.
(2)(i) Failure to meet the requirements of paragraphs (a) through
(d) of this section and of this paragraph (e), within the required
timeframe for offsetting debits will be considered to be a failure to
satisfy the conditions upon which the certificate(s) was issued and the
individual noncomplying vehicles not covered by the certificate must be
determined according to this section.
(ii) If debits are not offset within the specified time period, the
number of vehicles not meeting the fleet average NOX
standards and not covered by the certificate must be calculated by
dividing the total amount of debits for the model year by the fleet
average NOX standard applicable for the model year in which
the debits were first incurred.
(iii) EPA will determine the vehicles for which the condition on
the certificate was not satisfied by designating vehicles in those test
groups with the highest certification NOX emission values
first and continuing until a number of vehicles equal to the calculated
number of noncomplying vehicles as determined above is reached. If this
calculation determines that only a portion of vehicles in a test group
contribute to the debit situation, then EPA will designate actual
vehicles in that test group as not covered by the certificate, starting
with the last vehicle produced and counting backwards.
(3) If a manufacturer ceases production of LDV/Ts and MDPVs or is
purchased by, merges with or otherwise combines with another
manufacturer, the manufacturer continues to be responsible for
offsetting any debits outstanding within the required time period. Any
failure to offset the debits will be considered to be a violation of
paragraph (e)(1) of this section and may subject the manufacturer to an
enforcement action for sale of vehicles not covered by a certificate,
pursuant to paragraph (e)(2) of this section.
(4) For purposes of calculating the statute of limitations, a
violation of the requirements of paragraph (e)(1) of this section, a
failure to satisfy the conditions upon which a certificate(s) was
issued and hence a sale of vehicles not covered by the certificate, all
occur upon the expiration of the deadline for offsetting debits
specified in paragraph (e)(1) of this section.
(f) NOX credit transfers. (1) EPA may reject
NOX credit transfers if the involved manufacturers fail to
submit the credit transfer notification in the annual report.
(2) A manufacturer may not sell credits that are not available for
sale pursuant to the provisions in paragraphs (a)(2) and (a)(7) of this
section.
(3) In the event of a negative credit balance resulting from a
transaction, both the buyer and seller are liable, except in cases
involving fraud. EPA may void ab initio the certificates of conformity
of all engine families participating in such a trade.
(4)(i) If a manufacturer transfers a credit that it has not
generated pursuant to paragraph (b) of this section or acquired from
another party, the manufacturer will be considered to have generated a
debit in the model year that the manufacturer transferred the credit.
The manufacturer must offset such debits by the deadline for the annual
report for that same model year.
(ii) Failure to offset the debits within the required time period
will be considered a failure to satisfy the conditions upon which the
certificate(s) was issued and will be addressed pursuant to paragraph
(e) of this section.
(g) Interim non-Tier 2 NOX credits and debits; Interim
non-Tier 2 averaging, banking and trading. Interim non-Tier 2
NOX credits must be generated, calculated, tracked,
averaged, banked, traded, accounted for and reported upon separately
from Tier 2 credits. The provisions of this section applicable to Tier
2 NOX credits and debits and Tier 2 averaging banking and
trading are applicable to interim non-Tier 2 LDV/LLDTs and interim non-
Tier 2 HLDT/MDPVs with the following exceptions:
(1) Provisions for early banking under paragraph (c) of this
section do not apply.
(2) The fleet average NOX standard used for calculating
credits is 0.30 grams per mile for interim non-Tier 2 LDV/LLDTs and
0.20 g/mi for interim non-Tier 2 HLDT/MDPVs. (The interim non-Tier 2
NOX standard of 0.30 (or 0.20) g/mi replaces 0.07 in the
text and calculation in this section.)
(3) Interim non-Tier 2 NOX credit deficits may be
carried forward for three years subject to the requirements of
Sec. 86.1860-04(e).
45. Section 86.1862-04 is added to read as follows:
Sec. 86.1862-04 Maintenance of records and submittal of information
relevant to compliance with fleet average NOX standards.
(a) Maintenance of records. (1) The manufacturer producing any
light-duty vehicles and/or light-duty trucks subject to the provisions
in this subpart must establish, maintain, and retain the following
information in adequately organized and indexed records for each model
year:
(i) Model year;
(ii) Applicable fleet average NOX standard: 0.07g/mi for
Tier 2 LDV/Ts; 0.30 g/mi for interim non-Tier 2 LDV/LLDTs; or 0.20 g/mi
for interim non-Tier 2 HLDT/MDPVs;
(iii) Fleet average NOX value achieved; and
(iv) All values used in calculating the fleet average
NOX value achieved.
(2) The manufacturer producing any LDV/Ts or MDPVs subject to the
provisions in this subpart must establish, maintain, and retain the
following information in adequately organized and indexed records for
each LDV/T or MDPV subject to this subpart:
(i) Model year;
[[Page 6870]]
(ii) Applicable fleet average NOX standard;
(iii) EPA test group;
(iv) Assembly plant;
(v) Vehicle identification number;
(vi) NOX standard to which the LDV/T or MDPV is
certified; and
(vii) Information on the point of first sale, including the
purchaser, city, and state.
(3) The manufacturer must retain all records required to be
maintained under this section for a period of eight years from the due
date for the annual report. Records may be retained as hard copy or
reduced to microfilm, ADP diskettes, and so forth, depending on the
manufacturer's record retention procedure; provided, that in every case
all information contained in the hard copy is retained.
(4) Nothing in this section limits the Administrator's discretion
to require the manufacturer to retain additional records or submit
information not specifically required by this section.
(5) Pursuant to a request made by the Administrator, the
manufacturer must submit to the Administrator the information that the
manufacturer is required to retain.
(6) EPA may void ab initio a certificate of conformity for a
vehicle certified to emission standards as set forth or otherwise
referenced in this subpart for which the manufacturer fails to retain
the records required in this section or to provide such information to
the Administrator upon request.
(b) Reporting. (1) Each covered manufacturer must submit an annual
report. Except as provided in paragraph (b)(2) of this section, the
annual report must contain, for each applicable fleet average
NOX standard, the fleet average NOX value
achieved, all values required to calculate the NOX value,
the number of credits generated or debits incurred, and all the values
required to calculate the credits or debits. The annual report must
contain the resulting balance of credits or debits.
(2) When a manufacturer calculates compliance with the fleet
average NOX standard using the provisions in Sec. 86.1860-
04(c)(2), then the annual report must state that the manufacturer has
elected to use such provision and must contain the fleet average
NOX standard as the fleet average NOX value for
that model year.
(3) For each applicable fleet average NOX standard, the
annual report must also include documentation on all credit
transactions the manufacturer has engaged in since those included in
the last report. Information for each transaction must include:
(i) Name of credit provider;
(ii) Name of credit recipient;
(iii) Date the transfer occurred;
(iv) Quantity of credits transferred; and
(v) Model year in which the credits were earned.
(4) Unless a manufacturer reports the data required by this section
in the annual production report required under Sec. 86.1844-01(e) and
subsequent model year provisions, a manufacturer must submit an annual
report for each model year after production ends for all affected
vehicles and trucks produced by the manufacturer subject to the
provisions of this subpart and no later than May 1 of the calendar year
following the given model year. Annual reports must be submitted to:
Director, Vehicle Programs and Compliance Division, U.S. Environmental
Protection Agency, 2000 Traverwood, Ann Arbor, Michigan 48105.
(5) Failure by a manufacturer to submit the annual report in the
specified time period for all vehicles and trucks subject to the
provisions in this section is a violation of section 203(a)(1) of the
Clean Air Act for each subject vehicle and truck produced by that
manufacturer.
(6) If EPA or the manufacturer determines that a reporting error
occurred on an annual report previously submitted to EPA, the
manufacturer's credit or debit calculations will be recalculated. EPA
may void erroneous credits, unless transferred, and must adjust
erroneous debits. In the case of transferred erroneous credits, EPA
must adjust the selling manufacturer's credit or debit balance to
reflect the sale of such credits and any resulting generation of
debits.
(c) Notice of opportunity for hearing. Any voiding of the
certificate under paragraph (a)(6) of this section will be made only
after EPA has offered the manufacturer concerned an opportunity for a
hearing conducted in accordance with Sec. 86.614 for light-duty
vehicles or Sec. 86.1014 for light-duty trucks and, if a manufacturer
requests such a hearing, will be made only after an initial decision by
the Presiding Officer.
[FR Doc. 00-19 Filed 2-9-00; 8:45 am]
BILLING CODE 6560-50-P