For the reasons set forth in the preamble, we amend parts 69, 80 and 86 of title 40 of the Code of Federal Regulations to read as follows: PART 69--SPECIAL EXEMPTIONS FROM THE REQUIREMENTS OF THE CLEAN AIR ACT 1. The authority citation for part 69 is revised to read as follows: Authority: 42 U.S.C. 7545(c), (g) and (i), and 7625-1. Subpart E--Alaska 2. Section 69.51 of subpart E is revised to read as follows: Sec. 69.51 Motor vehicle diesel fuel. (a) Diesel fuel that is designated for use only in Alaska and is used only in [[Page 5135]] Alaska, is exempt from the sulfur standard of 40 CFR 80.29(a)(1) and the dye provisions of 40 CFR 80.29(a)(3) and 40 CFR 80.29(b) until the implementation dates of 40 CFR 80.500, provided that: (1) The fuel is segregated from non-exempt diesel fuel from the point of such designation; and (2) On each occasion that any person transfers custody or title to the fuel, except when it is dispensed at a retail outlet or wholesale purchaser-consumer facility, the transferor must provide to the transferee a product transfer document stating: This diesel fuel is for use only in Alaska. It is exempt from the federal low sulfur standards applicable to highway diesel fuel and red dye requirements applicable to non-highway diesel fuel only if it is used in Alaska. (b) Beginning on the implementation dates in 40 CFR 80.500, diesel fuel that is designated for use in Alaska or is used in Alaska, is subject to the applicable provisions of 40 CFR Part 80, Subpart I, except as provided under paragraph (c) of this section. The Governor of Alaska may submit for EPA approval, by April 1, 2002, a plan for implementing the sulfur standard in Alaska as an alternative to the temporary compliance option provided under Secs. 80.530-80.532. If EPA approves an alternative plan, the provisions as approved by EPA under that plan shall apply to the diesel fuel subject to this paragraph (b). (c) If such diesel fuel is designated as fuel that does not comply with the standards and requirements for motor vehicle diesel fuel under 40 CFR Part 80, Subpart I, it is exempt from the dye presumption of 40 CFR 80.520(b)(2) provided that: (1) The fuel is segregated from all motor vehicle diesel fuel. (2) On each occasion that any person transfers custody or title to the fuel, except when it is dispensed at a retail outlet or wholesale purchaser-consumer facility, the transferor must provide to the transferee a product transfer document complying with the requirements of 40 CFR 80.590(a) through (d) and (g), and stating: This diesel fuel is for use only in Alaska and is not for use in highway vehicles. It is exempt from the red dye requirement applicable to non-highway diesel fuel only if it is used in Alaska. (3) Any pump dispensing the fuel must comply with the labeling requirements in 40 CFR 80.570(c). PART 80--REGULATION OF FUELS AND FUEL ADDITIVES 3. The authority citation for part 80 is revised to read as follows: Authority: 42 U.S.C. 7414, 7545, and 7601(a). 4. Section 80.2 is amended by revising paragraphs (x) and (y) and adding paragraphs (bb), (nn), and (xx) to read as follows: Sec. 80.2 Definitions. * * * * * (x) Diesel fuel means any fuel sold in any state or Territory of the United States and suitable for use in diesel motor vehicles, diesel motor vehicle engines or diesel nonroad engines, and which is commonly or commercially known or sold as diesel fuel. (y) Motor vehicle diesel fuel means any diesel fuel, or any distillate product, that is used, intended for use, or made available for use, as a fuel in diesel motor vehicles or diesel motor vehicle engines. * * * * * (bb) Sulfur percentage is the percentage of sulfur in diesel fuel by weight, as determined using the applicable sampling and testing methodologies set forth in Sec. 80.580. * * * * * (nn) Batch of motor vehicle diesel fuel means a quantity of diesel fuel which is homogeneous with regard to those properties that are specified for motor vehicle diesel fuel under subpart I of this part. * * * * * (xx) Motor vehicle diesel fuel additive means any substance not composed solely of carbon and/or hydrogen, or of diesel blendstocks, that is added, intended for adding, used, or offered for use in motor vehicle diesel fuel subsequent to the production of diesel fuel by processing crude oil from refinery processing units, or in diesel motor vehicle fuel systems. * * * * * 5. Section 80.29 is amended by revising paragraphs (a) and (b), to read as follows: Sec. 80.29 Controls and prohibitions on diesel fuel quality. (a) Prohibited activities. Beginning October 1, 1993 and continuing until the implementation dates for subpart I of part 80 as specified in Sec. 80.500, except as provided in 40 CFR 69.51, no person, including but not limited to, refiners, importers, distributors, resellers, carriers, retailers or wholesale purchaser-consumers, shall manufacture, introduce into commerce, sell, offer for sale, supply, store, dispense, offer for supply or transport any diesel fuel for use in motor vehicles, unless the diesel fuel: (1) Has a sulfur percentage, by weight, no greater than 0.05 percent; (2)(i) Has a cetane index of at least 40; or (ii) Has a maximum aromatic content of 35 volume percent; and (3) Is free of visible evidence of the dye solvent red 164; unless it is used in a manner that is tax-exempt as defined under section 4082 of the Internal Revenue Code (26 U.S.C. 4082). (b) Determination of compliance. (1) Any diesel fuel which does not show visible evidence of being dyed with dye solvent red 164 (which has a characteristic red color in diesel fuel) shall be considered to be available for use in diesel motor vehicles and motor vehicle engines, and shall be subject to the prohibitions of paragraph (a) of this section. (2) Compliance with the sulfur, cetane, and aromatics standards in paragraph (a) of this section shall be determined based on the level of the applicable component or parameter, using the sampling methodologies specified in Sec. 80.330(b), as applicable, and the appropriate testing methodologies specified in Sec. 80.580(a) for sulfur, Sec. 80.2(w) for cetane index, and Sec. 80.2(z) for aromatic content. Any evidence or information, including the exclusive use of such evidence or information, may be used to establish the level of the applicable component or parameter in the diesel fuel, if the evidence or information is relevant to whether that level would have been in compliance with the standard if the appropriate sampling and testing methodology had been correctly performed. Such evidence may be obtained from any source or location and may include, but is not limited to, test results using methods other than the compliance methods in this paragraph (b), business records, and commercial documents. (3) Determination of compliance with the requirements of this section other than the standards described in paragraph (a) of this section, and determination of liability for any violation of this section, may be based on information obtained from any source or location. Such information may include, but is not limited to, business records and commercial documents. * * * * * 6. Section 80.30 is amended by revising paragraphs (g)(2)(ii) and (g)(4)(i), and adding paragraph (h), to read as follows; [[Page 5136]] Sec. 80.30 Liability for violations of diesel fuel controls and prohibitions. * * * * * (g) Defenses. * * * * * * * * (2) * * * (ii) Test results, performed in accordance with the applicable sampling and testing methodologies set forth in Secs. 80.2(w), 80.2(z), 80.2(bb), and 80.580, which evidence that the diesel fuel determined to be in violation was in compliance with the diesel fuel standards of Sec. 80.29(a) when it was delivered to the next party in the distribution system; * * * * * (4) * * * (i) Test results, performed in accordance with the applicable sampling and testing methodologies set forth in Secs. 80.2(w), 80.2(z), 80.2(bb), and 80.580, which evidence that the diesel fuel determined to be in violation was in compliance with the diesel fuel standards of Sec. 80.29(a) when it was delivered to the next party in the distribution system; * * * * * (h) Detection of violations. In paragraphs (a) through (f) of this section, the term ``is detected at'' means that the violation existed at the facility in question, and the existence of the violation at that facility may be established through evidence obtained or created at that facility, at any other location, and by any party. 7. Section 80.215 is amended by revising paragraph (b) to read as follows: Sec. 80.215 What is the scope of the geographic phase-in program? * * * * * (b) Duration of the program. (1) The geographic phase-in program applies to the 2004, 2005, and 2006 annual averaging periods, except as provided in paragraph (b)(2) of this section. (2) Subject to the provisions of Sec. 80.540, the geographic phase- in program shall also apply to the 2007 and 2008 annual averaging period for refiners approved for GPA standards in 2007 and 2008 under Sec. 80.540. * * * * * 8. Section 80.220 is amended by adding paragraph (c) to read as follows: Sec. 80.220 What are the downstream standards for GPA gasoline? * * * * * (c) Notwithstanding paragraph (a) of this section, the sulfur content standard of 326 ppm at any downstream location may be extended as provided under Sec. 80.540(m). 9. Section 80.240 is amended by adding paragraph (e), to read as follows: Sec. 80.240 What are the small refiner gasoline sulfur standards? * * * * * (e) Notwithstanding paragraph (a) of this section, the temporary sulfur standards for small refiners may be extended as provided under Sec. 80.553. 10. Subpart I is added to part 80 to read as follows: Subpart I--Motor Vehicle Diesel Fuel General Information Sec. 80.500 What are the implementation dates for the diesel fuel sulfur control program? 80.501 What diesel fuel is subject to the provisions of this subpart? 80.502-80.519 [Reserved] Motor Vehicle Diesel Fuel Standards and Requirements 80.520 What are the standards and dye requirements for motor vehicle diesel fuel? 80.521 What are the standards and identification requirements for motor vehicle diesel fuel additives? 80.522 May used motor oil be dispensed into diesel motor vehicles? 80.523 What diesel fuel designation requirements apply to refiners and importers? 80.524 What sulfur content standard applies to motor vehicle diesel fuel downstream of the refinery or importer? 80.525 What requirements apply to kerosene blenders? 80.526 [Reserved] 80.527 Under what conditions may motor vehicle diesel fuel subject to the 15 ppm sulfur standard be downgraded as motor vehicle diesel fuel subject to the 500 ppm sulfur standard? 80.528--80.529 [Reserved] Temporary Compliance Option 80.530 Under what conditions can 500 ppm motor vehicle diesel fuel be produced or imported? 80.531 How are motor vehicle diesel fuel credits generated? 80.532 How are credits used and transferred? 80.533-80.539 [Reserved] Geographic Phase-In Provisions 80.540 How may a refiner be approved to produce gasoline under the GPA gasoline sulfur standards in 2007 and 2008? 80.541-80.549 [Reserved] Small Refiner Hardship Provisions 80.550 What is the definition of a small refiner under this subpart? 80.551 How does a refiner obtain approval as a small refiner under this subpart? 80.552 What compliance options are available to small refiners? 80.553 Under what conditions may the small refiner gasoline sulfur standards be extended for a small refiner of motor vehicle diesel fuel? 80.554-80.559 [Reserved] Other Hardship Provisions 80.560 How can a refiner seek temporary relief from the requirements of this subpart in case of extreme hardship circumstances? 80.561 How can a refiner or importer seek temporary relief from the requirements of this subpart in case of extreme unforseen circumstances? 80.562-80.569 [Reserved] Labeling Requirements 80.570 What labeling requirements apply to retailers and wholesale purchaser-consumers of motor vehicle diesel fuel? 80.571-80.579 [Reserved] Sampling and Testing 80.580 What are the sampling and testing methods for sulfur? 80.581-80.589 [Reserved] Recordkeeping and Reporting Requirements 80.590 What are the product transfer document requirements for motor vehicle diesel fuel? 80.591 What are the product transfer document requirements for additives to be used in motor vehicle diesel fuel? 80.592 What records must be kept? 80.593 What are the reporting and registration requirements for refiners and importers of motor vehicle diesel fuel subject to temporary refiner relief standards? 80.594 What are the pre-compliance reporting requirements? 80.595 How does a refiner apply for a motor vehicle diesel fuel volume baseline? 80.596 How is a refinery motor vehicle diesel fuel volume baseline calculated? 80.597 What are the registration requirements? 80.598-80.599 [Reserved] Exemptions 80.600 What are the requirements for obtaining an exemption for motor vehicle diesel fuel used for research, development or testing purposes? 80.601 What requirements apply to motor vehicle diesel fuel for use in the Territories? 80.602 What exemption applies to diesel fuel used in vehicles having a national security exemption from motor vehicle emissions standards? 80.603-80.609 [Reserved] Violation Provisions 80.610 What acts are prohibited under the diesel fuel sulfur program? 80.611 What evidence may be used to determine compliance with the prohibitions and requirements of this subpart and liability for violations of this subpart? 80.612 Who is liable for violations of this subpart? 80.613 What defenses apply to persons deemed liable for a violation of a prohibited act? 80.614 What penalties apply under this subpart? [[Page 5137]] 80.615-80.619 [Reserved] Provisions for Foreign Refiners and Importers for Motor Vehicle Diesel Fuel Subject to a Temporary Compliance Option or Hardship Provision 80.620 What are the additional requirements for motor vehicle diesel fuel produced by foreign refineries subject to a temporary refiner compliance option or hardship provisions? Subpart I--Motor Vehicle Diesel Fuel General Information Sec. 80.500 What are the implementation dates for the diesel fuel sulfur control program? The implementation dates for standards for motor vehicle diesel fuel and diesel fuel additives, and for other provisions of this subpart, are as follows: (a) Implementation date for standards applicable to production or importation of motor vehicle diesel fuel, and to motor vehicle diesel fuel additives. Except as provided in paragraph (d) of this section, beginning June 1, 2006: (1) The standards and requirements under Sec. 80.520(a) and (b) shall apply to any motor vehicle diesel fuel produced or imported by any refiner or importer; and (2) The standards and requirements under Sec. 80.521 shall apply to any motor vehicle diesel fuel additive. (b) Implementation date for standards applicable to motor vehicle diesel fuel downstream of the refinery or importer. Except as provided in paragraphs (c) and (d) of this section, beginning July 15, 2006, the standards and requirements under Sec. 80.520(a) and (b) shall apply to any motor vehicle diesel fuel at any downstream location. (c) Implementation date for standards applicable to motor vehicle diesel fuel at retail outlets and wholesale purchaser-consumer facilities. Except as provided in paragraph (d) of this section, beginning September 1, 2006, the standards and requirements under Sec. 80.520(a) and (b) shall apply to any motor vehicle diesel fuel at any retail outlet or wholesale purchaser-consumer facility. (d) Implementation date for motor vehicle diesel fuel subject to the 500 ppm sulfur content standard in Sec. 80.520(c). (1) Beginning June 1, 2006, the sulfur content standard of Sec. 80.520(c) shall apply to motor vehicle diesel fuel, but only where authorized under, and subject to, an applicable provision of this Subpart. (2) Beginning June 1, 2010, the sulfur content standard of Sec. 80.520(c) shall no longer apply to any motor vehicle diesel fuel produced or imported by any refiner or importer. (3) Beginning October 1, 2010, the sulfur content standard of Sec. 80.520(c) shall no longer apply to any motor vehicle diesel fuel at any downstream location other than a retail or wholesale purchaser- consumer facility. (4) Beginning December 1, 2010, the sulfur content standard of Sec. 80.520(c) shall no longer apply to any motor vehicle diesel fuel. (e) Other provisions. All other provisions of this subpart apply beginning June 1, 2006, unless another date is specified. (f) For purposes of this subpart, the term ``downstream location'' shall mean any point in the diesel fuel distribution system downstream from refineries and import facilities, including diesel fuel at facilities of distributors, carriers, retailers, kerosene blenders, and wholesale purchaser-consumers. Sec. 80.501 What diesel fuel is subject to the provisions of this subpart? (a) Included fuel and additives. The provisions of this subpart apply to motor vehicle diesel fuel as defined in Sec. 80.2(y), motor vehicle diesel fuel additives as defined in Sec. 80.2(xx), and motor oil that is used as or intended for use as fuel in diesel motor vehicles or is blended with diesel fuel for use in diesel motor vehicles at any downstream location, as provided in Sec. 80.500(f). (b) Excluded fuel. The provisions of this subpart do not apply to motor vehicle diesel fuel that is designated for export outside the United States, and identified for export by a transfer document as required under Sec. 80.590. Secs. 80.502-80.519 [Reserved] Motor Vehicle Diesel Fuel Standards and Requirements Sec. 80.520 What are the standards and dye requirements for motor vehicle diesel fuel? (a) Standards. All motor vehicle diesel fuel is subject to the following per-gallon standards: (1) Sulfur content. 15 parts per million (ppm) maximum, except as provided in paragraph (c) of this section; (2) Cetane index and aromatic content. (i) A minimum cetane index of 40; or (ii) A maximum aromatic content of 35 volume percent. (b) Dye requirements. (1) All motor vehicle diesel fuel shall be free of visible evidence of dye solvent red 164 (which has a characteristic red color in diesel fuel), except for motor vehicle diesel fuel that is used in a manner that is tax exempt under section 4082 of the Internal Revenue Code. (2) Any diesel fuel that does not show visible evidence of dye solvent red 164 shall be considered to be motor vehicle diesel fuel and subject to all the requirements of this subpart for motor vehicle diesel fuel, except for diesel fuel designated or classified for use only in: (i) The State of Alaska as provided under 40 CFR 69.51; or (ii) Jet aircraft, a research and development testing program exempted under 80.600, or motor vehicles covered by an exemption under Sec. 80.602. (c) Pursuant and subject to the provisions of Secs. 80.530-80.532, 80.552(a), 80.560-80.561, and 80.620, only motor vehicle diesel fuel produced or imported in full compliance with the requirements of those provisions is subject to the following per-gallon standard for sulfur content: 500 ppm maximum. (d) Kerosene and any other distillate product, that meets the definition of motor vehicle diesel fuel, is subject to the standards and requirements under this section. Sec. 80.521 What are the standards and identification requirements for motor vehicle diesel fuel additives? (a) Except as provided in paragraph (b) of this section, any motor vehicle diesel fuel additive that is added, intended for adding, used, or offered for use in motor vehicle diesel fuel subject to the 15 ppm sulfur content standard, at any downstream location must: (1) Have a sulfur content not exceeding 15 ppm; and (2) Be accompanied a product transfer document pursuant to Sec. 80.591 indicating that the additive complies with the 15 ppm standard for motor vehicle diesel fuel, except for those diesel fuel additives which are only sold in containers for use by the ultimate consumer of motor vehicle diesel fuel and which are subject to the requirements of Sec. 80.591(d). (b) Any motor vehicle diesel fuel additive that is added, intended for adding, used, or offered for use in motor vehicle diesel fuel subject to the 15 ppm sulfur content standard may have a sulfur content exceeding 15 ppm provided that: (1) The additive is added or used in the motor vehicle diesel fuel in a quantity less than 1% by volume of the resultant additive/diesel fuel mixture; (2) The product transfer document pursuant to Sec. 80.591 indicates that the additive may exceed the 15 ppm sulfur standard, that improper use of the additive may result in non-complying fuel, and that the additive complies [[Page 5138]] with the sulfur information requirements of Sec. 80.591(b)(3); and (3) The additive is not used or intended for use by an ultimate consumer in diesel motor vehicles. Sec. 80.522 May used motor oil be dispensed into diesel motor vehicles? No person may introduce used motor oil, or used motor oil blended with diesel fuel, into the fuel system of model year 2007 or later diesel motor vehicles, unless both of the following requirements have been met: (a) The vehicle or engine manufacturer has received a Certificate of Conformity under 40 CFR Part 86 and the certification of the vehicle or engine configuration is explicitly based on emissions data with the addition of motor oil; and (b) The oil is added in a manner and rate consistent with the conditions of the Certificate of Conformity. Sec. 80.523 What diesel fuel designation requirements apply to refiners and importers? Any refiner or importer shall accurately and clearly designate all fuel it produces or imports for use in diesel motor vehicles as either motor vehicle diesel fuel meeting the 15 ppm sulfur standard under Sec. 80.520(a)(1) or as motor vehicle diesel fuel meeting the 500 ppm sulfur standard under Sec. 80.520(c). Sec. 80.524 What sulfur content standard applies to motor vehicle diesel fuel downstream of the refinery or importer? (a) Except as provided in paragraph (b) of this section or otherwise in the provisions of this Subpart I, the 15 ppm sulfur content standard of Sec. 80.520(a) shall apply to all motor vehicle diesel fuel at any downstream location. (b) Prior to the October 1, 2010 and December 1, 2010 dates specified in Sec. 80.500(d)(3) and (4), the 500 ppm sulfur content standard of Sec. 80.520(c) shall apply to motor vehicle diesel fuel at any downstream location, provided the following conditions are met: (1) The product transfer documents comply with the requirements of Sec. 80.590, including indicating that the fuel complies with the 500 ppm sulfur standard for motor vehicle diesel fuel and is for use only in model year 2006 and older diesel motor vehicles, or the fuel is downgraded pursuant to the provision of Sec. 80.527 to motor vehicle diesel fuel subject to the 500 ppm sulfur standard; (2) The motor vehicle diesel fuel is not represented or intended for sale or use as subject to the 15 ppm sulfur content standard, and is not dispensed, or intended to be dispensed, into model year 2007 and later motor vehicles by a retailer or wholesale purchaser-consumer; and (3) For retailers or wholesale purchaser-consumers, the pump labeling requirements of Sec. 80.570(a) are satisfied. Sec. 80.525 What requirements apply to kerosene blenders? (a) For purposes of this subpart, a kerosene blender means any refiner who produces motor vehicle diesel fuel by adding kerosene to motor vehicle diesel fuel downstream of the refinery that produced the motor vehicle diesel fuel or of the import facility where the motor vehicle diesel fuel was imported, without altering the quality or quantity of the motor vehicle diesel fuel in any other manner. (b) Kerosene blenders are not subject to the requirements of this subpart applicable to refiners of motor vehicle diesel fuel, but are subject to the requirements and prohibitions applicable to downstream parties. (c) For purposes of compliance with Sec. 80.524(b)(1), the product transfer documents must indicate that the fuel to which kerosene is added complies with the 500 ppm sulfur standard for motor vehicle diesel fuel and is for use only in model year 2006 and older diesel motor vehicles, or the fuel is properly downgraded pursuant to the provisions of Sec. 80.527 to motor vehicle diesel fuel subject to the 500 ppm sulfur standard. (d) Kerosene that a kerosene blender adds or intends to add to motor vehicle diesel fuel subject to the 15 ppm sulfur content standard must meet the 15 ppm sulfur content standard, and the following requirements: (1) The product transfer document received by the kerosene blender indicates that the kerosene is motor vehicle diesel fuel that complies with the 15 ppm sulfur content standard; or (2) The kerosene blender has test results indicating the kerosene complies with the 15 ppm sulfur standard. Sec. 80.526 [Reserved] Sec. 80.527 Under what conditions may motor vehicle diesel fuel subject to the 15 ppm sulfur standard be downgraded as motor vehicle diesel fuel subject to the 500 ppm sulfur standard? (a) Definition. As used in this section, downgrade means changing the classification of motor vehicle diesel fuel subject to the 15 ppm sulfur standard under Sec. 80.520(a)(1) to motor vehicle diesel fuel subject to the 500 ppm sulfur standard under Sec. 80.520(c). A downgrade occurs when the change in classification takes place. Changing the classification of motor vehicle diesel fuel subject to the 15 ppm sulfur standard under Sec. 80.520(a)(1) to any fuel that is not motor vehicle diesel fuel is not a downgrade for purposes of this section and is not limited by the provisions of this section. (b) Who may downgrade. Any person in the motor vehicle diesel fuel distribution system who has custody or title to motor vehicle diesel fuel may downgrade it. (c) Downgrading limitation. (1) Except as provided in paragraphs (d) and (e) of this section, a person described in paragraph (c)(4) of this section may not downgrade a total of more than 20% of the motor vehicle diesel fuel (by volume) that is subject to the 15 ppm sulfur standard of Sec. 80.520(a)(1) while such person has title to or custody of such fuel. In addition, a refiner or importer may only downgrade (subject to the 20% limit) motor vehicle diesel fuel designated under Sec. 80.523 as subject to 15 ppm sulfur standard under Sec. 80.520(a)(1) after it has been so designated and after it has been moved from the refinery's, or import facility's, storage tank or other vessel where the diesel fuel batch was designated as subject to the sulfur standard of Sec. 80.520(a) under Sec. 80.523. (2) The limitation of paragraph (c)(1) of this section applies separately to each person who has custody or title of the fuel when it is downgraded. (3) Compliance with the limitation of paragraph (c)(1) of this section shall be on an annual, calendar year basis (except in 2006 compliance shall be for the period June 1, 2006 through December 31, 2006, and in 2010 compliance shall be for the period January 1 through May 31). (4) The limitation of this section applies to persons who sell, offer for sale, dispense, supply, store or transport diesel fuel. The limitation does not apply to persons who are transferred custody or title to motor vehicle diesel fuel when it is dispensed into motor vehicles at retail outlets. (d) Diesel fuel in violation of the 15 ppm standard. Where motor vehicle diesel fuel subject to the sulfur standard of Sec. 80.520(a)(1) is found to be in violation of any standard under Sec. 80.520(a) and is consequently downgraded, the person, or persons, having custody and title to the fuel at the time it is found to be in violation must include the volume of such fuel toward its 20% volume limitation under paragraph (c)(1) of this section, unless the person, or persons, demonstrates that it did not cause the violation. (e) Special provisions for retail outlets and wholesale purchaser- consumer facilities. Notwithstanding the [[Page 5139]] provisions of paragraph (c)(1) of this section, retailers and wholesale purchaser-consumers shall comply with the downgrading limitation as follows: (1) Retailers and wholesale purchaser-consumers who sell, offer for sale, or dispense motor vehicle diesel fuel that is subject to the 15 ppm sulfur standard under Sec. 80.520(a)(1) are exempt from the volume limitations of paragraph (c)(1) of this section. (2) A retailer or wholesale purchaser-consumer who does not sell, offer for sale, or dispense motor vehicle diesel fuel subject to the 15 ppm sulfur standard under Sec. 80.520(a)(1) may not downgrade a volume of motor vehicle diesel fuel classified as subject to the 15 ppm sulfur standard greater than 20% of the total volume of motor vehicle diesel fuel that it sells, offers for sale, or dispenses annually. (f) Product transfer documents. If the custody or title to any motor vehicle diesel fuel that is downgraded under this section is transferred, the product transfer documents under Sec. 80.590 for such fuel must reflect the change in classification to motor vehicle diesel fuel subject to the 500 ppm sulfur standard. (g) Recordkeeping requirement. Any person subject to the provisions of this section, as described in paragraph (c)(4) of this section, who downgrades any motor vehicle diesel fuel previously classified as subject to the 15 ppm sulfur standard under Sec. 80.520(a)(1) during any calendar year, must make and maintain records sufficient to show compliance with the requirements and limitations of this section. (h) Termination of downgrading limitations. The provisions of this section shall not apply after May 31, 2010. Secs. 80.528-80.529 [Reserved.] Temporary Compliance Option Sec. 80.530 Under what conditions can 500 ppm motor vehicle diesel fuel be produced or imported? (a) Beginning June 1, 2006, a refiner or importer may produce or import motor vehicle diesel fuel subject to the 500 ppm sulfur content standard of Sec. 80.520(c) if all of the following requirements are met: (1) Each batch of motor vehicle diesel fuel subject to the 500 ppm sulfur content standard must be designated by the refiner or importer as subject to such standard, pursuant to Sec. 80.523. (2) The refiner or importer must meet the requirements for product transfer documents in Sec. 80.590 for each batch subject to the 500 ppm sulfur content standard. (3)(i) The volume V500 of diesel fuel that is produced or imported during a compliance period, as provided in paragraph (a)(5) of this section, may not exceed the following volume limit: (A) For compliance periods prior to 2010, 20% of the volume Vt of diesel fuel that is produced or imported during a compliance period plus an additional volume of motor vehicle diesel fuel represented by credits properly generated and used pursuant to the requirements of Secs. 80.531 and 80.532. (B) For the compliance period of January 1, 2010 through May 31, 2010, the volume of motor vehicle diesel fuel represented by credits properly generated and used pursuant to the requirements of Secs. 80.531 and 80.532. (ii) The terms V500 and Vt have the meaning specified in Sec. 80.531(a)(2). (4) Compliance with the volume limit in paragraph (a)(3) of this section must be determined separately for each refinery. For an importer, such compliance must be determined separately for each Credit Trading Area (as defined in Sec. 80.531) into which motor vehicle diesel fuel is imported. If a party is both a refiner and an importer, such compliance shall be determined separately for the refining and importation activities. (5) Compliance with the volume limit in paragraph (a)(3) of this section shall be determined on a calendar year basis, where the calendar year period is from January 1st through December 31st. For the year 2006, compliance shall be determined for the period June 1, 2006 through December 31, 2006. For the year 2010, compliance shall be determined for the period of January 1, 2010 through May 31, 2010. (6) Any motor vehicle diesel fuel produced or imported above the volume limit in paragraph (a)(3) of this section shall be subject to the 15 ppm sulfur content standard. However, for any compliance period prior to and including 2009, a refiner or importer may exceed the volume limit in paragraph (a)(3) of this section by no more than 5 percent of the volume Vt of diesel fuel produced or imported during the compliance period, provided that for the immediately following calendar year: (i) The refiner or importer complies with the volume limit in paragraph (a)(3) of this section; and (ii) The refiner or importer produces or imports a volume of motor vehicle diesel fuel subject to the 15 ppm sulfur standard, or obtains credits properly generated and used pursuant to the requirements of Secs. 80.531 and 80.532 that represent a volume of motor vehicle diesel fuel, equal to the volume of the exceedence for the prior compliance period. (b) After May 31, 2010, no refiner or importer may produce or import motor vehicle diesel fuel subject to the 500 ppm sulfur content standard pursuant to this section. Sec. 80.531 How are motor vehicle diesel fuel credits generated? (a) Generation of credits from June 1, 2006 through December 31, 2009. (1) A refiner or importer may generate credits during the period June 1, 2006 through December 31, 2009, for motor vehicle diesel fuel produced or imported that is designated as subject to the 15 ppm sulfur content standard under Sec. 80.520(a)(1). Credits may be generated only if the volume of motor vehicle diesel fuel designated under Sec. 80.523 as subject to the 15 ppm sulfur standard of Sec. 80.520(a) exceeds 80% of the total volume of diesel fuel produced or imported as described in paragraph (a)(2) of this section. (2) The number of credits generated shall be calculated for each compliance period (as specified in Sec. 80.530(a)(5)) as follows: C = V15 - (0.80 x Vt) Where: C = the positive number of credits generated, in gallons. V15 = the total volume in gallons of motor vehicle diesel fuel produced or imported that is designated under Sec. 80.523 as subject to the standards of Sec. 80.520(a) during the compliance period. V500 = the total volume in gallons of motor vehicle diesel fuel produced or imported that is designated under Sec. 80.523 as subject to the 500 ppm sulfur standard under Sec. 80.520(c) plus the total volume of any other diesel fuel (not including V15, or diesel fuel that is dyed in accordance with Sec. 80.520(b) at the refinery or import facility where the diesel fuel is produced or imported) represented as having a sulfur content not exceeding 500 ppm. Vt = V15 + V500. (3) Credits shall be generated and designated as follows: (i) Credits shall be generated separately for each refinery of a refiner. (ii) Credits shall be generated separately for each credit trading area (CTA), as defined in paragraph (a)(5) of this section, into which motor vehicle diesel fuel is imported by an importer. (iii) Credits shall be designated separately by year of generation and by CTA of generation. In the case of a refiner, credits shall also be designated by refinery, and in the case of an importer, credits shall also be designated by port of import. (iv) Credits may not be generated by both a foreign refiner and by an importer for the same motor vehicle diesel fuel. [[Page 5140]] (4) Credits shall be generated by a foreign refiner as provided in Sec. 80.620(c) and this section. (5) For purposes of this subpart, the CTAs are: (i) PADDs 1, 2, 3 and 4, as described in Sec. 80.41(r), except as provided in paragraph (a)(5)(iv) of this section. The CTAs shall be designated as CTA 1, 2, 3, and 4, respectively, and correspond to PADD 1, 2, 3, and 4, respectively; (ii) CTA 5 shall correspond to PADD 5, as described in Sec. 80.41(r), except as provided in paragraphs (a)(5)(iii) and (iv) of this section; (iii) The states of Hawaii and Alaska shall each be treated as a separate CTA and not a part of CTA 5. Alaska shall be CTA 6. Hawaii shall be CTA 7; (iv) If any state (through a waiver of federal preemption under Section 211(c)(4) of the Clean Air Act, 42 U.S.C. 7545(c)(4)) implements a law or regulation that requires a greater volume of motor vehicle diesel fuel to meet a sulfur standard of less than or equal to 15 ppm than the volume that is required under this subpart, no motor vehicle diesel fuel produced in that state or imported directly into that state may generate credits under this subpart, effective on the implementation date of the sulfur program under the state statute or regulation that implements the more stringent state requirements. (6) No credits may be generated under this paragraph (a) after December 31, 2009. (7) No refinery may generate credits under both this paragraph (a) and under paragraph (e) of this section. (b) Generation of early credits from June 1, 2001 through May 31, 2005. (1) Beginning June 1, 2001, a refiner or importer may generate one credit for each gallon of motor vehicle diesel fuel meeting the sulfur content standard in Sec. 80.520(a)(1) that is used in vehicles with engines that are certified to meet the model year 2007 heavy duty engine PM standard under 40 CFR 86.007-11, or vehicles with retrofit technologies that achieve emission levels equivalent to the 2007 NOX or PM emission standard verified as part of a retrofit program administered by EPA or a state. Such refiners and importers must comply with the requirements of paragraphs (b) and (d) of this section. (2)(i) Any refiner or importer planning to generate credits under this paragraph must provide notice of intent to generate early credits at least 120 calendar days prior to the date it begins generating credits under this paragraph by submitting such notice to Attn: Early Diesel Credits Notice, at the address in Sec. 80.595. (ii) The notice shall include a detailed plan that demonstrates that the motor vehicle diesel fuel meeting the 15 ppm sulfur standard of Sec. 80.520(a)(1) for which credits are generated under this paragraph will be used in vehicles with engines that are certified to meet the model year 2007 heavy duty engine PM standard under 40 CFR 86.007-11 or in vehicles with retrofit technologies that achieve emission levels equivalent to the 2007 NOX or PM emission standard verified as part of a retrofit program administered by EPA or a state. The notice must include the refiner's or importer's detailed plan for ensuring that all motor vehicle diesel fuel that generates early credits under this paragraph will be segregated from all other motor vehicle diesel fuel not meeting the sulfur standard under Sec. 80.520(a)(1), from the refinery or import facility to its ultimate use in motor vehicles. (3) No credits may be generated under this paragraph (b) after May 31, 2005. (4) A refiner or importer may generate credits under this paragraph and also generate credits under paragraph (a) of this section, and a small refiner, as defined under Sec. 80.550, may generate credits under this paragraph (b) and paragraph (e) of this section. (c) Generation of early credits from June 1, 2005 through May 31, 2006. (1) Beginning June 1, 2005, a refiner or importer may generate one credit for each gallon of motor vehicle diesel fuel that is dispensed at retail outlets or at wholesale-purchaser consumer facilities exclusively as motor vehicle diesel fuel meeting the 15 ppm sulfur standard in Sec. 80.520(a)(1). Such refiners and importers must comply with the requirements of this paragraph (c) and paragraph (d) of this section. (2)(i) Any refiner or importer planning to generate credits under this paragraph must provide notice of intent to generate early credits at least 120 calendar days prior to the date it begins generating credits under this paragraph (c). (ii) The notice shall include a detailed plan that demonstrates that the motor vehicle diesel fuel meeting the sulfur standard under Sec. 80.520(a)(1) will be dispensed exclusively at retail outlets or at wholesale-purchaser consumer facilities as 15 ppm sulfur content motor vehicle diesel fuel. The plan must demonstrate that the refiner or importer will assure that all motor vehicle diesel fuel that generates early credits under this paragraph (c) will be segregated from all other motor vehicle diesel fuel from the refinery or import facility to its ultimate use in motor vehicles. (3) No credits may be generated under this paragraph after May 31, 2006. (4) A refiner or importer may generate credits under this paragraph (c) and also generate credits under paragraph (a) of this section, and a small refiner, as defined under Sec. 80.550, may generate credits under this paragraph (c) and paragraph (e) of this section. (d) Additional requirements for early credits. Early credits generated under paragraphs (b) and (c) of this section are subject to the following additional requirements: (1) The designation requirements of Sec. 80.523, and all recordkeeping and annual reporting requirements of Secs. 80.592, 80.593 and 80.594. (2) Credits generated under paragraphs (b) and (c) of this section shall be generated separately by CTA as defined in paragraph (a)(5) of this section and must be designated by CTA of generation, and by the refiner and refinery, or by importer and port of import, as applicable. (3) Credits may not be generated for the same fuel by both a foreign refiner and an importer. (4) The plan under paragraph (b)(2)(ii) or (c)(2)(ii) of this section must include provisions to include information on product transfer documents and on pump stands dispensing the fuel identifying the fuel as 15 ppm sulfur content motor vehicle diesel fuel. The plan must also identify the specific retail outlets or wholesale purchaser- consumer facilities that the fuel will be provided to. The Administrator may require a refiner or importer to submit additional information, as needed. (5) In addition to the reporting requirements under paragraph (d)(1) of this section, the refiner or importer must submit a report to the Administrator no later than the last day of February for the prior calendar year period (or for the period June 1, 2001 through December 31, 2001, the period June 1, 2005 through December 31, 2005, or the period January 1, 2006 through May 31, 2006, as applicable) demonstrating that all the motor vehicle diesel fuel produced or imported for which credits were generated met the applicable requirements of paragraph (b), (c), or (d)(4) of this section. If the Administrator finds that such credits did not in fact meet the requirements of paragraphs (b)(1) and (c)(1) of this section, as applicable, or if the Administrator determines that there is insufficient information to determine the validity of such credits, the Administrator may deny the credits submitted in whole or in part. (e) Credits generated by small refiners. (1) Notwithstanding the provisions of paragraph (a) of this section, a small refiner that is approved by the EPA as [[Page 5141]] a small refiner under Sec. 80.551(g) may generate credits under Sec. 80.552(b). Such a small refiner may generate one credit for each gallon of motor vehicle diesel fuel produced that is designated under Sec. 80.523 as subject to the 15 ppm sulfur standard under Sec. 80.520(a)(1). (2)(i) Credits may be generated under this paragraph (e) and Sec. 80.552(b) only during the compliance periods beginning June 1, 2006 and ending on May 31, 2010. Credits shall be designated separately by refinery, separately by CTA of generation, and separately by annual compliance period. The annual compliance period for 2006 shall be June 1, 2006 through December 31, 2006. The annual compliance period for 2010 shall be January 1, 2010 through May 31, 2010. (ii) The small refiner must meet the requirements of paragraphs (d)(1), (d)(2) and (d)(3) of this section, and the recordkeeping and reporting requirements of Secs. 80.592, 80.593 and 80.594. (iii) In addition, a foreign refiner that is approved by the Administrator to generate credits under Sec. 80.552(b) shall comply with the requirements of Sec. 80.620. Sec. 80.532 How are credits used and transferred? (a) Credit use. Credits generated under Sec. 80.531 may be used to meet the volume limit of Sec. 80.530(a)(3) provided that: (1) The credits were generated and reported according to the requirements of this subpart; and (2) The requirements of paragraphs (b), (c), (d), and (e) of this section are met. (b) Credits generated under Sec. 80.531 may be used by a refinery or by an importer to comply with section 80.530 by applying one credit for every gallon of motor vehicle diesel fuel needed to meet compliance with the volume limit of Sec. 80.530(a)(3). (c) Credits generated may be banked for use or transfer in a later compliance period or may be transferred to another refinery or importer for use as provided in paragraph (d) of this section. (d) Credit transfers. (1) Credits obtained from another refinery or from another importer, including early credits and small refiner credits as described in Sec. 80.531 (b), (c) (d), and (e), may be used to satisfy the volume limit of Sec. 80.530(a)(3) if all the following conditions are met: (i) The credits were generated in the same CTA as the CTA in which credits are used to achieve compliance; (ii) The credits are used in compliance with the time period limitations for credit use in this subpart; (iii) Any credit transfer takes place no later than the last day of February following the compliance period when the credits are used; (iv) No credit may be transferred more than twice, as follows: The first transfer by the refiner or importer who generated the credit may only be made to a refiner or importer who intends to use the credit; if the transferee cannot use the credit, it may make a second and final transfer only to a refiner or importer who intends to use the credit. In no case may a credit be transferred more than twice before being used or terminated; (v) The credit transferor must apply any credits necessary to meet the transferor's annual compliance requirements before transferring credits to any other refinery or importer; (vi) No credits may be transferred that would result in the transferor having a negative credit balance; and (vii) Each transferor must supply to the transferee records indicating the year the credits were generated, the identity of the refiner (and refinery) or importer who generated the credits, the CTA of credit generation, and the identity of the transferring party, if it is not the same party who generated the credits. (2) In the case of credits that have been calculated or created improperly, or are otherwise determined to be invalid, the following provisions apply: (i) Invalid credits cannot be used to achieve compliance with the transferee's volume requirements regardless of the transferee's good faith belief that the credits were valid. (ii) The refiner or importer who used the credits, and any transferor of the credits, must adjust their credit records, reports and compliance calculations as necessary to reflect the proper credits. (iii) Any properly created credits existing in the transferor's credit balance after correcting the credit balance, and after the transferor applies credits as needed to meet the compliance requirements at the end of the compliance period, must first be applied to correct the invalid transfers before the transferor trades or banks the credits. (e) Limitations on credit use. (1) Credits may not be used to achieve compliance with any requirements of this subpart other than the volume limit of Sec. 80.530(a)(3), unless specifically approved by the Administrator pursuant to a hardship relief petition under Sec. 80.560 or Sec. 80.561. (2) A refiner or importer possessing credits must use all credits in its possession prior to applying the credit deficit provisions of Sec. 80.530(a)(6). (3) No credits may be used to meet compliance with this subpart subsequent to the compliance period ending May 31, 2010. Secs. 80.533-80.539 [Reserved] Geographic Phase-In Provisions Sec. 80.540 How may a refiner be approved to produce gasoline under the GPA gasoline sulfur standards in 2007 and 2008? (a) A refiner that has been approved by EPA under Sec. 80.217 for the geographic phase-in area (GPA) gasoline sulfur content standards under Sec. 80.216 may apply to EPA for approval to produce gasoline subject to the GPA standards in 2007 and 2008. Such application shall be submitted to EPA, at the address provided in Sec. 80.595(b), by December 31, 2001. A foreign refiner must apply under the provisions of paragraph (n) of this section. (b) The refiner must submit an application in accordance with the provisions of Secs. 80.595 and 80.596. The application must also include information, as provided in Sec. 80.594(c), demonstrating that starting no later than June 1, 2006, all motor vehicle diesel fuel produced by the refinery for United States use will comply with the 15 ppm sulfur content standard under Sec. 80.520(a)(1), and that the volume of motor vehicle diesel fuel produced will comply with the volume requirements of paragraph (e) of this section. (c) The Administrator may approve a refiner's application to produce gasoline subject to the GPA gasoline sulfur content standards in 2007 and 2008 if the provisions of paragraph (b) of this section are satisfied. In approving an application, the Administrator shall establish a motor vehicle diesel fuel volume baseline under Secs. 80.595 and 80.596. (d) Starting June 1, 2006, and continuing through December 31, 2008, all motor vehicle diesel fuel produced by a refiner that has been approved under paragraph (c) of this section to produce gasoline subject to the GPA gasoline sulfur content standards in 2007 and 2008, must be accurately designated under Sec. 80.523 as meeting the 15 ppm sulfur content standard of Sec. 80.520(a)(1). (e) The total volume of motor vehicle diesel fuel produced for use in the United States and designated as meeting the 15 ppm sulfur content standard under paragraph (d) of this section must meet or exceed 85% of the baseline volume established under paragraph (c) of this section, except that for the year [[Page 5142]] 2006, the total volume must meet or exceed 50% of the baseline volume. (f) Compliance with the volume requirements in paragraph (e) of this section shall be determined on a calendar year basis, except that for the year 2006 compliance shall be determined for the period June 1, 2006 through December 31, 2006. (g) If a refiner fails to comply with the requirements of paragraph (d) of this section, or if the approval of the application, including the baseline, was based on false or inaccurate information, the approval to produce gasoline subject to the GPA gasoline sulfur content standards under this section during the years 2007 and 2008 shall be void ab initio, and gasoline produced for use in the GPA must meet the gasoline sulfur content standards of subpart H of this Part as if there had been no approval to produce gasoline subject to the GPA gasoline sulfur content standards in 2007 and 2008. (h) If for any compliance period a refiner fails to meet the volume requirements in paragraph (e) of this section, the approval to produce gasoline subject to the GPA gasoline sulfur content standards shall be void for that compliance period and for all succeeding compliance periods, and gasoline produced for use in the GPA must meet the gasoline sulfur standards under subpart H of this subpart as if there had been no approval to produce gasoline subject to the GPA gasoline sulfur content standards under this section in 2007 and 2008. (i) A refiner that is approved for production of gasoline subject to the GPA gasoline sulfur standards under this section in 2007 and 2008 must meet all applicable recordkeeping and reporting requirements of Secs. 80.592, 80.593, and 80.594, and shall meet all the recordkeeping and reporting requirements under Secs. 80.219, 80.365 and 80.370. (j) A refiner approved to produce gasoline subject to the GPA gasoline sulfur standards under this section in 2007 and 2008 may not generate or use credits under Sec. 80.531(a) or (e), or Sec. 80.532 unless the approval is vacated as provided in paragraph (k) of this section. (k) A refiner may petition the Administrator to vacate approval to produce gasoline subject to the GPA gasoline sulfur content standards in 2007 and 2008. EPA may grant such a petition, effective January 1 of the compliance period following EPA's receipt of such petition (or effective June 1, in 2006, if applicable). Upon such effective date and thereafter, gasoline produced for use in the GPA must meet the gasoline sulfur content standards under subpart H of this Part as if there had been no approval to produce gasoline subject to the GPA gasoline sulfur content standards under this section in 2007 and 2008. Upon such effective date, the refiner shall not be subject to the requirements of this section. (l) The provisions of this section shall apply separately for each refinery of a refiner. (m) If any refinery is approved for production of gasoline subject to GPA gasoline sulfur content standards under this section in 2007 and 2008, the GPA downstream gasoline sulfur standard under Sec. 80.220(a)(2) shall apply as follows: (1) During the period of February 1, 2005 through January 31, 2009, the sulfur content of GPA gasoline at any downstream location other than at a retail outlet or wholesale purchaser-consumer facility shall not exceed 326 ppm. (2) During the period of March 1, 2005 through February 28, 2009, the sulfur content of GPA gasoline at any downstream location shall not exceed 326 ppm. (n) A foreign refiner may apply to the Administrator to produce gasoline that is subject to the gasoline sulfur standards for GPA gasoline under Sec. 80.216 for the compliance years 2007 and 2008. Such application must be submitted to the EPA, at the address in Sec. 80.595(b), by December 31, 2001. (1) The Administrator may approve such interim GPA gasoline sulfur standards for the foreign refiner provided that the foreign refiner applies for a gasoline sulfur baseline under paragraph (n)(2) of this section and complies with: (i) The requirements of paragraphs (b) through (l) of this section; (ii) The requirements for the import of motor vehicle diesel fuel under Sec. 80.620; and (iii) All applicable gasoline requirements for refiners under subpart H of this Part, including the foreign refiner requirements under Sec. 80.410, the attest requirements of Sec. 80.415, the recordkeeping and reporting requirements of Secs. 80.365 and 80.370, the designation and product transfer document requirements of Sec. 80.219, the sampling and testing requirements of Sec. 80.330, and the sample retention requirements of Sec. 80.335. (2) The refiner must submit an application for a gasoline sulfur baseline under the provisions of Secs. 80.216(a), 80.295, and 80.410(b). (3) After review of the foreign refiner's individual refinery gasoline sulfur baseline, its individual refinery motor vehicle diesel fuel baseline, and other information submitted with the application, the Administrator may approve such baselines and the application for GPA gasoline sulfur standards for 2007 and 2008. (o) An importer is not eligible for approval to import gasoline subject to the GPA standards in 2007 or 2008 under this section. Secs. 80.541--80.549 [Reserved] Small Refiner Hardship Provisions Sec. 80.550 What is the definition of a small refiner under this subpart? (a) A small refiner is defined as any person, as defined by 42 U.S.C. 7602(e), who: (1) Produces diesel fuel at a refinery by processing crude oil through refinery processing units; (2) Employed an average of no more than 1,500 people, based on the average number of employees for all pay periods from January 1, 1999, to January 1, 2000; and (3) Had an average crude capacity less than or equal to 155,000 barrels per calendar day (bpcd) for 1999. (b) For the purpose of determining the number of employees and crude capacity under paragraph (a) of this section, the refiner shall include the employees and crude capacity of any subsidiary companies, any parent company and subsidiaries of the parent company in which the parent has 50% or greater ownership, and any joint venture partners. (c) The definition under paragraph (a) of this section applies to domestic and foreign refiners. For any refiner owned by a governmental entity, the number of employees as specified in paragraph (a) of this section shall include all employees and total crude capacity of the government of which the governmental entity is a part. (d) Notwithstanding the provisions of paragraph (a) of this section, a refiner that acquires a refinery after January 1, 2000, or reactivates a refinery that was shutdown or was non-operational between January 1, 1999, and January 1, 2000, may apply for small refiner status in accordance with the provisions of Sec. 80.551(c)(1)(ii). (e) Ineligible parties. The following are ineligible for the small refiner provisions: (1) Refiners or refineries built or started up after January 1, 2000; (2) Persons who exceed the employee or crude oil capacity criteria under this section on January 1, 2000, but who meet these criteria after that date, regardless of whether the reduction in [[Page 5143]] employees or crude oil capacity is due to operational changes at the refinery or a company sale or reorganization; (3) Importers; and (4) Refiners who produce motor vehicle diesel fuel other than by processing crude oil through refinery processing units. (f)(1) Refiners who qualify as small refiners under this section and who subsequently employ more than 1500 people as a result of merger with or acquisition of another entity, are disqualified as small refiners. If this occurs, the refiner shall notify EPA in writing no later than 20 days following this disqualifying event. (2) Any refiner whose status changes under this paragraph shall comply with the sulfur standard of Sec. 80.520(a)(1) beginning January 1 of the calendar year following the disqualifying event in paragraph (f)(1) of this section. (g) Notwithstanding the criteria in paragraph (a) of this section, any small refiner that has been approved by EPA as a small refiner under Sec. 80.235 and meets the criteria of paragraph (a)(1) of this section, will be considered a small refiner under this section as well, for as long as they are a small refiner under Sec. 80.225. The provisions of paragraph (f) of this section apply to any such refiner. Sec. 80.551 How does a refiner obtain approval as a small refiner under this subpart? (a)(1) Applications for small refiner status must be submitted to EPA by December 31, 2001 as part of the refiner's registration under Sec. 80.597. (2) In the case of a refiner who acquires a refinery after January 1, 2000, or reactivates a refinery that was shutdown between January 1, 1999, and January 1, 2000, the application for small refiner status must be submitted to EPA by June 1, 2003. (b) Applications for small refiner status must be sent via certified mail with return receipt or express mail with return receipt to: U.S. EPA-Attn: Diesel Small Refiner Status (6406J), 1200 Pennsylvania Avenue, NW (6406J), Washington, DC 20460 (certified mail/ return receipt) or Attn: Diesel Small Refiner Status, Transportation and Regional Programs Division,501 3rd Street, NW (6406J), Washington, DC 20001 (express mail/return receipt). (c) The small refiner status application must contain the following information for the company seeking small refiner status, plus any subsidiary companies, any parent company and subsidiaries of the parent company in which the parent has 50% or greater ownership, and any joint venture partners: (1)(i) A listing of the name and address of each location where any employee worked during the 12 months preceding January 1, 2000; the average number of employees at each location based upon the number of employees for each pay period for the 12 months preceding January 1, 2000; and the type of business activities carried out at each location; or (ii) In the case of a refiner who acquires a refinery after January 1, 2000, or reactivates a refinery that was shutdown between January 1, 1999, and January 1, 2000, a listing of the name and address of each location where any employee of the refiner worked since the refiner acquired or reactivated the refinery; the average number of employees at any such acquired or reactivated refinery during each calendar year since the refiner acquired or reactivated the refinery; and the type of business activities carried out at each location. (2) The total corporate crude capacity of each refinery as reported to the Energy Information Administration (EIA) of the U.S. Department of Energy (DOE) for the most recent 12 months of operation. The information submitted to EIA is presumed to be correct. In cases where a company disagrees with this information, the company may petition EPA with appropriate data to correct the record when the company submits its application for small refiner status. EPA may accept such alternate data at its discretion. (3) An indication of whether the refiner, for each refinery, is applying for: (i) The ability to produce motor vehicle diesel fuel subject to the 500 ppm sulfur content standard under Sec. 80.520(c) or generate credits under Sec. 80.531, pursuant to the provisions of Sec. 80.552(a) or (b); or (ii) An extension of the duration of its small refiner gasoline sulfur standard under Sec. 80.553, pursuant to the provisions of Sec. 80.552(c). (4) A letter signed by the president, chief operating or chief executive officer of the company, or his/her designee, stating that the information contained in the application is true to the best of his/her knowledge. (5) Name, address, phone number, facsimile number and e-mail address (if available) of a corporate contact person. (d) For joint ventures, the total number of employees includes the combined employee count of all corporate entities in the venture. (e) For government-owned refiners, the total employee count includes all government employees. (f) Approval of small refiner status for refiners who apply under Sec. 80.550(d) will be based on all information submitted under paragraph (c) of this section, except as provided in Sec. 80.550(d). (g) EPA will notify a refiner of approval or disapproval of small refiner status by letter. If disapproved, the refiner must comply with the sulfur standard in Sec. 80.520, except as otherwise provided in this subpart. (h) If EPA finds that a refiner provided false or inaccurate information on its application for small refiner status, upon notice from EPA the refiner's small refiner status will be void ab initio. (i) Upon notification to EPA, an approved small refiner may withdraw its status as a small refiner. Effective on January 1 of the year following such notification, the small refiner will become subject to the sulfur standard of Sec. 80.520 unless one of the hardship provisions of this subpart apply. Sec. 80.552 What compliance options are available to small refiners? (a) A refiner that has been approved by EPA as a small refiner under Sec. 80.551(g) may produce motor vehicle diesel fuel subject to the 500 ppm sulfur content standard pursuant to the provisions of Sec. 80.530, except that the volume limits of Sec. 80.530(a)(3) shall only apply to that volume V\500\ of diesel fuel that is produced or imported during a calendar year that exceeds 105% of the baseline volume established under Sec. 80.595. The calendar year period shall be from January 1st through December 31st. For the period June 1, 2006 through December 31, 2006, the volume limits shall only apply to that volume VV\500\ that exceeds 60% of the baseline volume. (b) A refiner that has been approved by EPA as a small refiner under Sec. 80.551(g) may generate motor vehicle diesel fuel credits pursuant to the provisions of Sec. 80.531, except that for purposes of Sec. 80.531(a) the term Credit shall equal VV\15\, without further adjustment. (c) A refiner that has been approved by EPA as a small refiner under Sec. 80.551(g) may apply for an extension of the duration of its small refiner gasoline sulfur standards pursuant to Sec. 80.553. (d) A refiner that produces motor vehicle diesel fuel under the provisions of paragraph (a) of this section or generates credits under the provisions of paragraph (b) of this section may not receive an extension of its small refiner gasoline sulfur standard under the provisions of paragraph (c) of this section. A refiner that receives an extension of its small refiner gasoline [[Page 5144]] sulfur standard under the provisions of paragraph (c) of this section may not produce motor vehicle diesel fuel under the provisions of paragraph (a) of this section and may not generate credits under the provisions of paragraph (b) of this section. (e) The provisions of this section shall apply separately for each refinery owned or operated by a small refiner. Sec. 80.553 Under what conditions may the small refiner gasoline sulfur standards be extended for a small refiner of motor vehicle diesel fuel? (a) A refiner that has been approved by EPA for small refiner gasoline sulfur standards under Sec. 80.240 may apply, under Sec. 80.551, for an extension of the duration of its small refiner gasoline sulfur standards through the calendar year 2010 annual averaging period. (b) As part of its application, the refiner must submit an application for a motor vehicle diesel fuel baseline in accordance with the provisions of Secs. 80.595 and 80.596. The application must also include information, as provided in Sec. 80.594, demonstrating that starting no later than June 1, 2006, all motor vehicle diesel fuel produced by the refiner will comply with the 15 ppm sulfur content standard under Sec. 80.520(a)(1), and that the volume of motor vehicle diesel fuel produced will comply with the volume requirements of paragraph (e) of this section. (c) The Administrator may approve an application for extension of the small refiner gasoline sulfur standards if the provisions of paragraph (b) of this section and Secs. 80.595 and 80.596 are satisfied. In approving an application for extension, the Administrator shall establish a motor vehicle diesel fuel volume baseline under Secs. 80.595 and 80.596. (d) Beginning June 1, 2006, and continuing through December 31, 2010, all motor vehicle diesel fuel produced by a refiner that has received an extension of its small refiner gasoline sulfur standards under this section must be accurately designated under Sec. 80.523 as meeting the 15 ppm sulfur content standard under Sec. 80.520(a)(1). (e) The total volume of motor vehicle diesel fuel produced for use in the United States and designated as meeting the 15 ppm sulfur content standard under paragraph (d) of this section must meet or exceed 85% of the baseline volume established under paragraph (c) of this section, except that for the year 2006, the total volume must meet or exceed 50% of the baseline volume. (f) Compliance with the volume requirements in paragraph (e) of this section shall be determined on a calendar year basis, except that for the year 2006 compliance shall be determined for the period June 1, 2006 through December 31, 2006. (g) If a refiner fails to comply with the requirements of paragraph (d) of this section, or if approval of the application, including the baseline, was based on false or inaccurate information, the extension of the applicable small refiner gasoline sulfur standards under this section shall be void ab initio, and all gasoline produced by the refinery must meet the gasoline sulfur standards under subpart H of this Part as if there had been no extension of the small refiner gasoline sulfur standards. (h) If for any compliance period a refiner fails to meet the volume requirements in paragraph (e) of this section, the extension of the small refiner gasoline sulfur standards shall be void for that compliance period and for all succeeding compliance periods and all gasoline produced by the refinery must meet the gasoline sulfur standards under subpart H of this part as if there had been no extension of the small refiner gasoline sulfur standards under this section for such compliance periods. (i) A refiner that is approved for an extension of the interim small refiner gasoline sulfur standards under this section must meet all applicable recordkeeping and reporting requirements of Secs. 80.592, 80.593, and 80.594, and shall meet all the recordkeeping and reporting requirements under Secs. 80.210, 80.365 and 80.370. Any foreign refiner shall meet all additional requirements under Secs. 80.620 and 80.410. (j) A refiner approved for the small refiner gasoline sulfur standards extension under this section may not generate or use credits under Sec. 80.531(a) or (e), or Sec. 80.532. (k) A refiner may petition the Administrator to vacate an extension of the small refiner gasoline sulfur content standards. EPA may grant such a petition, effective January 1 of the compliance period following receipt of such petition (or effective June 1, 2006, if applicable). Upon such effective date, all gasoline produced by the refiner must meet the gasoline sulfur content standards under subpart H of this Part as if there had been no extension of the small refiner gasoline sulfur content standards under this section. Upon such effective date, the refiner shall not be subject to the requirements of this section. (l) The provisions of this section shall apply separately for each refinery of a refiner. Secs. 80.554-80.559 [Reserved] Other Hardship Provisions Sec. 80.560 How can a refiner seek temporary relief from the requirements of this subpart in case of extreme hardship circumstances? (a) EPA may, at its discretion, grant a refiner, for one or more of its refineries, temporary relief from some or all of the provisions of this subpart. Such relief shall be no less stringent than the small refiner compliance options specified in Sec. 80.552. EPA may grant such relief provided that the refiner demonstrates that: (1) Unusual circumstances exist that impose extreme hardship and significantly affect the refiner's ability to comply by the applicable date; and (2) It has made best efforts to comply with the requirements of this subpart. (b) Applications must be submitted to EPA by June 1 2002 to the following address: Applications for small refiner status must be sent via certified mail with return receipt or express mail with return receipt to: U.S. EPA-Attn: Diesel Hardship (6406J), 1200 Pennsylvania Avenue, NW (6406J), Washington, DC 20460 (certified mail/return receipt) or Attn: Diesel Hardship, Transportation and Regional Programs Division, 501 3rd Street, NW (6406J), Washington, DC 20001 (express mail/return receipt). EPA reserves the right to deny applications for appropriate reasons, including unacceptable environmental impact. Approval to distribute motor vehicle diesel fuel not subject to the 15 ppm sulfur standard may be granted for such time period as EPA determines is appropriate, but shall not extend beyond May 31, 2010. (c) Applications must include a plan demonstrating how the refiner will comply with the requirements of this subpart as expeditiously as possible. The plan shall include a showing that contracts are or will be in place for engineering and construction of desulfurization equipment a plan for applying for and obtaining any permits necessary for construction or operation, projected timeline for beginning and completing construction, and for beginning actual operation of such equipment, and a description of plans to obtain necessary capital, and a detailed estimate of when the requirements of this subpart will be met. (d) Applicants must provide, at a minimum, the following information: (1) Detailed description of efforts to obtain capital for refinery investments and efforts made to obtain credits for compliance under Sec. 80.531; (2) Bond rating of entity that owns the refinery (in the case of joint ventures, [[Page 5145]] include the bond rating of the joint venture entity and the bond ratings of all partners; in the case of corporations, include the bond ratings of any parent or subsidiary corporations); and (3) Estimated capital investment needed to comply with the requirements of this subpart by the applicable date. (e) In addition to the application requirements of paragraph (b) of this section, a refiner's application for temporary relief under this paragraph must also include a compliance plan. Such compliance plan shall demonstrate how the refiner will engage in a quality assurance testing program to ensure that its motor vehicle diesel fuel subject solely to the sulfur standards under Sec. 80.520(c) has not caused motor vehicle diesel fuel subject to the 15 ppm standard Sec. 80.520(a)(1) to fail to comply with that standard. The quality assurance program must at least include periodic sampling and testing at the party's own facilities and at downstream facilities in the refiner's or importer's diesel fuel distribution system, to determine compliance with the applicable sulfur standards for both categories of motor vehicle diesel fuel; examination at the party's own facilities and at applicable downstream facilities, of product transfer documents to confirm appropriate transfers and deliveries of both products; and inspection of retailer and wholesale purchaser-consumer pump stands for the presence of the labels and warning signs required under this section. Any violations that are discovered shall be reported to EPA within 48 hours of discovery. (f) Applications under this section must be accompanied by: (1) A letter signed by the president, chief operating or chief executive officer of the company, or his/her designee, stating that the information contained in the application is true to the best of his/her knowledge. (2) The name, address, phone number, facsimile number and e-mail address of a corporate contact person. (g) Applicants must also provide any other relevant information requested by EPA. (h) Refiners who are granted a hardship relief standard for any refinery, and importers of fuel subject to temporary refiner relief standards, may not distribute the diesel fuel subject to the sulfur standard under Sec. 80.520(c) for use in model year 2007 and later vehicles and must comply with all applicable provisions of this subpart, including the provisions of this subpart. (i) EPA may impose any reasonable conditions on waivers under this section, including limitations on the refinery's volume of motor vehicle diesel fuel subject to a temporary refiner relief standards. (j) The provisions of this section are available only to refineries that produce diesel fuel from crude. (k) The individual refinery sulfur standard and the compliance plan will be approved or disapproved by the Administrator, and approval will be effective when the refiner (or importer, as applicable, in the case of compliance plans) receives an approval letter from EPA. If disapproved, the refiner or importer must comply with the motor vehicle diesel fuel standard under Sec. 80.520(a)(1) by the appropriate compliance date specified in Sec. 80.500. (l) If EPA finds that a refiner provided false or inaccurate information on its application for small refiner status, upon notice from EPA the refiner's small refiner status will be void ab initio. Sec. 80.561 How can a refiner or importer seek temporary relief from the requirements of this subpart in case of extreme unforseen circumstances? In appropriate extreme, unusual, and unforseen circumstances (e.g., natural disaster or refinery fire) which are clearly outside the control of the refiner or importer and which could not have been avoided by the exercise of prudence, diligence and due care, EPA may permit a refiner or importer, for a brief period, to distribute motor vehicle diesel fuel which does not meet the requirements of this subpart if: (a) It is in the public interest to do so (e.g., distribution of the nonconforming diesel fuel is necessary to meet projected shortfalls which cannot otherwise be compensated for); (b) The refiner or importer exercised prudent planning and was not able to avoid the violation and has taken all reasonable steps to minimize the extent of the nonconformity; (c) The refiner or importer can show how the requirements for motor vehicle diesel fuel will be expeditiously achieved; (d) The refiner or importer agrees to make up any air quality detriment associated with the nonconforming motor vehicle diesel fuel, where practicable; (e) The refiner or importer pays to the U.S. Treasury an amount equal to the economic benefit of the nonconformity minus the amount expended pursuant to paragraph (d) of this section, in making up the air quality detriment; and (f) In the case of motor vehicle diesel fuel distributed under this section that does not meet the 15 ppm sulfur standard under Sec. 80.520(a)(1), such diesel fuel shall not be distributed for use in model year 2007 or later motor vehicles, and must meet all the requirements and prohibitions of this subpart applicable to diesel fuel meeting the sulfur standard under Sec. 80.520(c), or to diesel fuel that is not motor vehicle diesel fuel, as applicable. Secs. 80.562-80.569 [Reserved] Labeling Requirements Sec. 80.570 What labeling requirements apply to retailers and wholesale purchaser-consumers of motor vehicle diesel fuel? (a) Any retailer or wholesale purchaser-consumer who sells, dispenses, or offers for sale or dispensing, motor vehicle diesel fuel subject to the 500 ppm sulfur standard of Sec. 80.520(c), must prominently and conspicuously display in the immediate area of each pump stand from which motor vehicle fuel subject to the 500 ppm standard is offered for sale or dispensing, the following legible label, in block letters of no less than 36-point bold type, printed in a color contrasting with the background: HIGH-SULFUR DIESEL FUEL--WARNING May damage model year 2007 and later highway vehicles. Federal Law prohibits use in these vehicles. (b) Any retailer or wholesale purchaser-consumer who sells, dispenses, or offers for sale or dispensing, motor vehicle diesel fuel subject to the 15 ppm sulfur standard of Sec. 80.520(a)(1), must affix the following conspicuous and legible label, in block letters of no less than 36-point bold type, and printed in a color contrasting with the background, to each pump stand: LOW-SULFUR DIESEL FUEL Recommended for use in all diesel vehicles. Required for model year 2007 and later vehicles. (c) Any retailer or wholesale purchaser-consumer who sells, dispenses, or offers for sale or dispensing, diesel fuel for nonroad equipment that does not meet the standards for motor vehicle diesel fuel, must affix the following conspicuous and legible label, in block letters of no less than 36-point bold type, and printed in a color contrasting with the background, to each pump stand: NONROAD DIESEL FUEL--WARNING May damage or destroy highway engines and their emission controls. Federal Law prohibits use in any highway vehicle. [[Page 5146]] (d) The labels required by paragraphs (a) through (c) of this section must be placed on the vertical surface of each pump housing and on each side with gallonage and price meters. The labels shall be on the upper two-thirds of the pump, in a location where they are clearly readable by the public. Secs. 80.571-80.579 [Reserved] Sampling and Testing Sec. 80.580 What are the sampling and testing methods for sulfur? (a) Diesel fuel and diesel fuel additives. For purposes of Secs. 80.520 and 80.521, the sulfur content of diesel and diesel fuel additives is to be determined in accordance with this section. (1) Sampling method. The applicable sampling methodology provided in Sec. 80.330(b). (2) Test method for sulfur. (i) For diesel fuel and diesel fuel additives subject to the 15 ppm sulfur standard of Sec. 80.520(a)(1), the American Society for Testing and Materials (ASTM) standard method D 6428-99, entitled ``Test Method for Total Sulfur in Liquid Aromatic Hydrocarbons and Their Derivatives by Oxidative Combustion and Electrochemical Detection.'' (ii) For diesel fuel and diesel fuel additives subject to the 500 ppm sulfur standard of 80.520(c), ASTM standard method D 2622-98, ``Standard Test Method for Sulfur in Petroleum Products by X-Ray Spectrometry.'' (3) Alternative test methods for sulfur. (i) For diesel fuel and diesel fuel additives subject to the 15 ppm standard of Sec. 80.520(a)(1), sulfur content may be determined using ASTM D 5453- 99, entitled ``Standard Test Method for Determination of Total Sulfur in Light Hydrocarbons, Motor Fuels and Oils by Ultraviolet Fluorescence,'' or ASTM D 3120-96, entitled ``Standard Test Method for Trace Quantities of Sulfur in Light Liquid Petroleum Hydrocarbons by Oxidative Microcoulometry,'' provided that the refiner or importer test result is correlated with the appropriate method specified in paragraph (a)(2) of this section. (ii) For diesel fuel and diesel fuel additives subject to the 500 ppm standard of Sec. 80.520(c), sulfur content may be determined using ASTM D 5453-99, ``Standard Test Method for Determination of Total Sulfur in Light Hydrocarbons, Motor Fuels and Oils by Ultraviolet Fluorescence,'' or ASTM D 6428-00, entitled ``Test Method for Total Sulfur in Liquid Aromatic Hydrocarbons and Their Derivatives by Oxidative Combustion and Electrochemical Detection,'' provided that the refiner or importer test result is correlated with the appropriate method specified in paragraph (a)(2) of this section. (4) Adjustment Factor for downstream test results. An adjustment factor of negative 2 ppm shall be applied to the test results, to account for test variability, but only for testing of motor vehicle diesel fuel identified as subject to the 15 ppm sulfur standard of Sec. 80.520(a)(1), at a downstream location as defined in Sec. 80.500(f). (b) Incorporation by reference. ASTM Standard Methods D 2622-98, ``Standard Test Method for Sulfur in Petroleum Products by Wavelength Dispersive X-ray Fluorescence Spectrometry,'' D 3120-96, ``Standard Test Method for Trace Quantities of Sulfur in Light Liquid Petroleum Hydrocarbons by Oxidative Microcoulometry,'' D 6428-99, ``Test Method for Total Sulfur in Liquid Aromatic Hydrocarbons and Their Derivatives by Oxidative Combustion and Electrochemical Detection,'' and D 5453-00, ``Standard Test Method for Determination of Total Sulfur in Light Hydrocarbons, Motor Fuels and Oils by Ultraviolet Fluorescence,'' are incorporated by reference. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from the American Society for Testing and Materials, 100 Barr Harbor Dr., West Conshohocken, PA 19428-2959. Copies may be inspected at the Air Docket Section (LE-131), Room M-1500, U.S. Environmental Protection Agency, Docket No. A-99-06, 401 M Street, SW, Washington, DC 20460, or at the Office of the Federal Register, 800 North Capitol Street, NW, Suite 700, Washington, DC. Secs. 80.581-80.589 [Reserved] Recordkeeping and Reporting Requirements Sec. 80.590 What are the product transfer document requirements for motor vehicle diesel fuel? On each occasion that any person transfers custody or title to motor vehicle diesel fuel, including distillates used or intended to be used as motor vehicle diesel fuel, except when such fuel is dispensed into motor vehicles at a retail outlet or wholesale purchaser-facility, the transferor must provide to the transferee documents identifying the fuel as motor vehicle diesel fuel, and which include the following information: (a) The name and address of the transferor and transferee. (b) The volume of motor vehicle diesel fuel which is being transferred. (c) The location of the motor vehicle diesel fuel at the time of the transfer. (d) The date of the transfer. (e) Except as provided in 40 CFR 69.51, an accurate statement, as applicable, that: (1) ``This fuel complies with the 15 ppm low sulfur standard for motor vehicle diesel fuel.''; (2) ``This fuel complies with the 500 ppm high sulfur standard for motor vehicle diesel fuel and is for use only in MY 2006 and older diesel motor vehicles.''; (3) ``This is high sulfur motor vehicle diesel fuel for use only in Guam, American Samoa, or the Northern Mariana Islands.''; (4) ``This diesel fuel is for export use only.''; (5) ``This diesel fuel is for research, development, or testing purposes only.''; (6) ``This diesel fuel is for use in diesel vehicles having an EPA- approved national security exemption only.''. (f) For motor vehicle diesel fuel that contains visible evidence of the dye solvent red 164, and is intended to be used in a manner that is tax-exempt as defined under section 4082 of the Internal Revenue Code, the following statement: This fuel is motor vehicle diesel fuel for tax-exempt use only, in accordance with Section 4082 of the Internal Revenue Code. (g) Except for transfers to truck carriers, retailers or wholesale purchaser-consumers, product codes may be used to convey the information required under this section if such codes are clearly understood by each transferee. Codes used to convey the statement in paragraph (e)(1) of this section must contain the number ``15'', and codes used to convey the statement in paragraph (e)(2) of this section must contain the number ``500''. (h) Beginning June 1, 2001 and ending May 31, 2005, any transfer subject to this section, which is also subject to the early credit provisions of Sec. 80.531(b), must comply with all applicable requirements of this section except those in paragraph (e) of this section. (i) Beginning June 1, 2005 and ending May 31, 2006, any transfer subject to this section, which is also subject to the early credit requirements of Sec. 80.531(c), must comply with all applicable requirements of this section. Sec. 80.591 What are the product transfer document requirements for additives to be used in diesel fuel? (a) Except as provided in paragraphs (b) and (d) of this section, on each [[Page 5147]] occasion that any person transfers custody or title to a motor vehicle diesel fuel additive to a party in the additive distribution system or in the motor vehicle diesel fuel distribution system for use downstream of the diesel fuel refiner, the transferor must provide to the transferee documents which identify the additive, and: (1) Identify the name and address of the transferor and transferee; the date of transfer; the location at which the transfer took place; the volume of additive transferred; and (2) Indicates compliance with the 15 ppm sulfur standard by inclusion of the following statement: The sulfur content of this diesel fuel additive does not exceed 15 ppm. (b) On each occasion that any person transfers custody or title to a motor vehicle diesel fuel additive subject to the requirements of Sec. 80.521(b), to a party in the additive distribution system or in the motor vehicle diesel fuel distribution system for use in diesel fuel downstream of the diesel fuel refiner, the transferor must provide to the transferee documents which identify the additive, and: (1) Identify the name and address of the transferor and transferee; the date of transfer; the location at which the transfer took place; the volume of additive transferred. (2) Indicate the high sulfur potential of the additive by inclusion of the following statement: This motor vehicle diesel fuel additive may exceed the federal 15 ppm sulfur standard. Improper use of this additive may result in non-complying diesel fuel. (3) Includes the following information: (i) The additive's maximum sulfur concentration; (ii) The maximum recommended concentration in volume percent for use of the additive in diesel fuel; and (iii) The contribution to the sulfur level of the fuel, in ppm, that would result if the additive is used at the maximum recommended concentration. (c) Except for transfers of motor vehicle diesel fuel additives to truck carriers, retailers or wholesale purchaser-consumers, product codes may be used to convey the information required under paragraphs (a) and (b) of this section, if such codes are clearly understood by each transferee. Codes used to convey the statement in paragraph (a)(2) of this section must contain the number ``15'' and codes used to convey the statement in paragraph (b)(2) of this section may not contain such number. (d) For those motor vehicle diesel fuel additives which are sold in containers for use by the ultimate consumer of diesel fuel, each transferor must have displayed on the additive container, in a legible and conspicuous manner, either of the following statements, as applicable: (1) ``This diesel fuel additive complies with the federal low sulfur content requirements for use in diesel motor vehicles.''; or (2) For those additives sold in containers for use by the ultimate consumer, with a sulfur content in excess of 15 ppm: ``This diesel fuel additive does not comply with federal low sulfur content requirements for use in model year 2007 and newer diesel motor vehicles.''. Sec. 80.592 What records must be kept? (a) Records that must be kept by parties in the motor vehicle diesel fuel and motor vehicle diesel fuel additive distribution systems. Beginning June 1, 2006, or for a refiner the first compliance period in which the refiner is generating early credits under Sec. 80.531(b) or (c), whichever is earlier, any person who produces, imports, sells, offers for sale, dispenses, distributes, supplies, offers for supply, stores, or transports motor vehicle diesel fuel subject to the provisions of this subpart, must keep the following records: (1) The applicable product transfer documents required under Secs. 80.590 and 80.591; (2) For any sampling and testing for sulfur content, cetane index or aromatics content of motor vehicle diesel fuel or motor vehicle diesel fuel additives, conducted as part of a quality assurance program or otherwise: (i) The location, date, time and storage tank or truck identification for each sample collected; (ii) The name and title of the person who collected the sample and the person who performed the testing; and (iii) The results of the tests for sulfur content (including where applicable the test results with and without application of the adjustment factor under Sec. 80.580(a)(4)) or other standard content, and the volume of product in the storage tank or container from which the sample was taken; (3) The actions the party has taken, if any, to stop the sale or distribution of any motor vehicle diesel fuel found not to be in compliance with the sulfur standards specified in this subpart, and the actions the party has taken, if any, to identify the cause of any noncompliance and prevent future instances of noncompliance. (b) Additional records to be kept by refiners and importers of motor vehicle diesel fuel subject to temporary refiner relief standards, small refiner standards, and early credit provisions. Beginning June 1, 2006, or for a refiner the first compliance period in which the refiner is generating early credits under Sec. 80.531(b) or (c), whichever is earlier, any refiner producing motor vehicle diesel fuel subject to the sulfur standard under Sec. 80.520(a)(1), for each of its refineries, and any importer importing such motor vehicle diesel fuel, shall keep records that include the following information for each batch of motor vehicle diesel fuel produced or imported: (1) The batch volume. (2) The batch number, assigned under the batch numbering procedures under Sec. 80.65(d)(3). (3) The date of production or import. (4) A record designating the batch as meeting the 500 ppm sulfur standard or the 15 ppm sulfur standard. (5) For foreign refiners, the designations and other records required to be kept under Sec. 80.620. (6) In the case of importers, the designations and other records required under Sec. 80.620(o). (7) Information regarding credits, kept separately for each calendar year compliance period, kept separately for each refinery and in the case of importers, kept separately for imports into each CTA, as follows: (i) The number of credits in the refiner's or importer's possession at the beginning of the calendar year; (ii) The number of credits generated; (iii) The number of credits used; (iv) If any were obtained from or transferred to other parties, for each such other party, its name, its EPA refiner or importer registration number consistent with Sec. 80.593(d), in the case of credits generated by an importer the port and CTA of import of the diesel fuel that generated the credits, and the number obtained from, or transferred to, the other party; (v) The number in the refiner's or importer's possession that will carry over into the subsequent calendar year compliance period; and (vi) Commercial documents that establish each transfer of credits from the transferor to the transferee. (8) The calculations used to determine compliance with the volume requirements of this subpart. (9) The calculations used to determine the number of credits generated. (10) A copy of reports submitted to EPA under Sec. 80.593. (c) Additional records importers must keep. Any importer shall keep records [[Page 5148]] that identify and verify the source of each batch of certified diesel fuel program foreign refiner (DFR)-Diesel and non-certified DFR-Diesel imported and demonstrate compliance with the requirements under Sec. 80.620. (d) Length of time records must be kept. The records required in this section shall be kept for five years from the date they were created, except that records relating to credit transfers shall be kept by the transferor for 5 years from the date the credits were transferred, and shall be kept by the transferee for 5 years from the date the credits were transferred, used or terminated, whichever is later. (e) Make records available to EPA. On request by EPA the records required in paragraphs (a), (b) and (c) of this section must be made available to the Administrator or the Administrator's authorized representative. For records that are electronically generated or maintained the equipment and software necessary to read the records shall be made available, or if requested by EPA, electronic records shall be converted to paper documents which shall be provided to the Administrator's authorized representative. Sec. 80.593 What are the reporting and registration requirements for refiners and importers of motor vehicle diesel fuel subject to temporary refiner relief standards? Beginning with 2006, or the first compliance period during which credits are generated under Sec. 80.531(b) or (c), whichever is earlier, any refiner or importer who produces or importes motor vehicle diesel fuel subject to the 500 ppm sulfur standard under Sec. 80.520(c), or any refiner or importer who generates, uses, obtains or transfers credits under Secs. 80.530 through 80.532, and continuing for each year thereafter, must submit to EPA annual reports that contain the information required in this section, and such other information as EPA may require: (a) Refiners and importers. Refiners and importers must report the following information separately for each refinery or CTA, in the case of importers, subject to a phase-in sulfur standard, small refiner standard or temporary refiner relief sulfur standard, or who generates, uses or transfers credits under Secs. 80.530 through 80.532: (1) The refiner's name and the EPA refinery registration number. (2) For all motor vehicle diesel fuel produced for use in the United States during the compliance period: (i) The total volume of motor vehicle diesel fuel produced; (ii) The volume, in gallons, that complied with a sulfur content standard of 500 ppm; and (iii) The volume, in gallons, that complied with the 15 ppm sulfur content standard. (3) The percentage of the volume motor vehicle diesel fuel produced during the calendar year that met the 15 ppm sulfur standard and the percentage that met the 500 ppm sulfur standard prior to the application of any volume credits. (4) The percentage of volume of motor vehicle diesel fuel produced meeting the 15 ppm sulfur standard after the inclusion of any credits. (5) Information regarding credits, separately for each refinery and for credits or debits related to imported motor diesel fuel, separately by importer and separately by CTA of import as follows: (i) The CTA of the refiner's refinery or the importer's or the foreign refiner's CTA and port of importation; (ii) The number of credits at the beginning of the compliance period; (iii) The number of credits generated; (iv) The number of credits used; (v) If any credits were obtained from or transferred to other refineries or import ports, for each other refinery or importer, its name, address (or Port) and CTA, EPA refinery or importer registration number, and the number of credits obtained from or transferred to the other refinery or importer (by import CTA); (vi) The number of credits, if any, that will carry over to the subsequent compliance period; and (vii) The number of credits in deficit that must be made up for the following year; (6) The reporting requirements under Sec. 80.620, if applicable. (7) For each batch of motor vehicle diesel fuel produced or imported during the compliance period: (i) The batch number assigned using the batch numbering conventions under Sec. 80.65(d)(3) and the appropriate designation under Sec. 80.523; (ii) The date the batch was produced; and (iii) The volume of the batch, in gallons. (8) When submitting reports under this paragraph (a), any importer shall exclude certified DFR-Diesel. (b) Additional reporting requirements for importers. Importers of motor vehicle diesel fuel subject to the 500 ppm sulfur standard must report the following information: (1) The importer's name and EPA registration number. (2) For each foreign refinery from which motor vehicle diesel fuel is imported that is subject to a sulfur standard under Sec. 80.520(c), the importer must report, for each batch of diesel fuel imported, the information required to be reported under Sec. 80.620(o). (c) Report submission. Any annual report required by this section shall be: (1) Signed and certified as meeting all the applicable requirements of this subpart by the owner or a responsible corporate officer of the refiner or importer; and (2) Submitted to EPA no later than the last day of February for the prior calendar year period. Sec. 80.594 What are the pre-compliance reporting requirements? (a) Beginning on June 1, 2003, and on June 1, 2004 and June 1, 2005, all refiners and importers planning to produce or import motor vehicle diesel fuel subject to the provisions of this subpart, shall submit the following information to EPA: (1) Any changes to the information submitted for the company registration; (2) Any changes to the information submitted for any refinery or import facility registration; (3) An estimate of the annual production or importation, in gallons, after June 1, 2006, for each refinery and import facility, of 15 ppm motor vehicle diesel fuel produced from crude oil and, if applicable, 500 ppm motor vehicle diesel fuel produced from crude oil, and the volumes of each grade of motor vehicle diesel fuel produced from other sources; (4) If expecting to participate in the temporary compliance options provisions and the credit trading program, estimates of the number of credits to be generated and/or used each year the program is applicable; (5) Information regarding engineering plans (e.g., design and construction), the status of obtaining any necessary permits, and capital commitments for making the necessary modifications to produce low sulfur motor vehicle fuel, and actual construction progress. The pre-compliance reports due 2004 and 2005 must provide an update of the progress in each of these areas. (b) Beginning on June 1, 2003, all approved small refiners shall submit the following additional information to EPA, as applicable: (1) In the case of a refinery with an approved application under Sec. 80.552(a): (i) A showing that sufficient sources of 15 ppm motor vehicle diesel fuel will likely be available in its marketing area after June 1, 2006 and through 2010; (ii) If after 2003 the sources of 15 ppm motor vehicle diesel fuel decrease, the pre-compliance reports for 2004 and/or [[Page 5149]] 2005 must identify this change and must include a supplementary showing that the sources of 15 ppm motor vehicle diesel fuel are still sufficient. (2) In case of a refinery with an approved application under Sec. 80.552(c), a demonstration that by June 1, 2006 its motor vehicle diesel fuel will be at 15 ppm sulfur at a volume at least 85% of its baseline motor vehicle diesel fuel volume. (c) For each refiner and importer approved under Sec. 80.540, a demonstration that by June 1, 2006 all of its motor vehicle diesel fuel will be at 15 ppm sulfur at a volume of at least 85% of its baseline motor vehicle diesel fuel volume. (d) By July 1, 2006, each refiner and importer of motor vehicle diesel fuel shall submit a report to EPA stating that the production or importation of 15 ppm sulfur motor vehicle diesel fuel commenced by June 1, 2006. Sec. 80.595 How does a refiner apply for a motor vehicle diesel fuel volume baseline? (a) Any small refiner applying for extension of the duration of its small refiner gasoline sulfur standards of Sec. 80.240, under Secs. 80.552(c) and 80.553, or any refiner applying for an extension of the duration of the GPA standards under Sec. 80.540 must apply for a motor vehicle diesel fuel volume baseline by December 31, 2001. A separate volume baseline must be sought for each refinery for which application of the provisions of Sec. 80.553 or Sec. 80.540 is sought. (b) The volume baseline must be sent via certified mail with return receipt or express mail with return receipt to: U.S. EPA-Attn: Diesel Baseline (6406J), 1200 Pennsylvania Avenue, NW (6406J), Washington, DC 20460 (certified mail/return receipt) or Attn: Diesel Baseline, Transportation and Regional Programs Division, 501 3rd Street, NW (6406J), Washington, DC 20001 (express mail/return receipt). (c) The motor vehicle diesel fuel volume baseline application must include the following information: (1) A listing of the names and addresses of all refineries owned by the refiner for which the refiner is applying for a motor vehicle diesel fuel volume baseline. (2) The average annual volume (in gallons) of motor vehicle diesel fuel produced for U.S. use in 1998 and 1999, for each refinery for which the refiner is applying for such baseline, calculated in accordance with Sec. 80.596. The refiner shall follow the procedures, applicable to volume baselines and using motor vehicle diesel fuel instead of gasoline, specified in Secs. 80.91 through 80.93 to establish the volume of motor vehicle diesel fuel that was produced for U.S. use in 1998 and 1999 for purposes of establishing a volume baseline under this section. (3) A letter signed by the president, chief operating, or chief executive officer of the company, or his/her delegate, stating that the information contained in the volume baseline determination is true to the best of his/her knowledge. (4) Name, address, phone number, facsimile number, and e-mail address (if availabale) of a corporate contact person. (5) The following information for each batch of motor vehicle diesel fuel produced for U.S. use in 1998 and 1999: (i) Batch number assigned to the batch under procedures such as those in Sec. 80.65(d) or Sec. 80.101(i), or, if unavailable, such other identifying information as is available; and (ii) Volume of the batch, in gallons. (6) For a refinery that was not in operation during part or all of the period 1998 and 1999, the information required under this paragraph (c) for the motor vehicle diesel fuel produced for U.S. use during the most recent calendar year that the refinery was in operation after the refinery was reactivated. (d) Within 120 days of receipt of an application under this section, EPA will notify the refiner of an approval of the refinery's baseline, or of any deficiencies in the application. (e) If at any time the baseline submitted in accordance with the requirements of this section is determined to be incorrect, EPA will notify the refiner of the corrected baseline. The corrected baseline shall apply to all applicable compliance calculations under this subpart. (f)(1) If insufficient information is available for the Administrator to establish a baseline under the provisions of paragraph (c) of this section and Sec. 80.596(a), the refiner shall submit additional information sufficient for the Administrator to establish a baseline. (2) To satisfy the requirements of paragraph (f)(1) of this section, the Administrator may require, and consider, any information pertinent to establish a baseline, including: (i) Motor vehicle diesel fuel production volumes for other years; (ii) Crude capacity of the refinery; (iii) The ratio, or the typical ratio, for other similarly sized or configured refineries, between motor vehicle diesel fuel production and gasoline production. Sec. 80.596 How is a refinery motor vehicle diesel fuel volume baseline calculated? (a) For purposes of this subpart, a refinery's motor vehicle diesel fuel volume baseline is calculated using the following equation: [GRAPHIC] [TIFF OMITTED] TR18JA01.007 Where: VBase = Volume baseline value. Vi = Volume of motor vehicle diesel fuel batch i. n = Total number of batches of motor vehicle diesel fuel produced for U.S. use during January 1, 1998 through December 31, 1999 (or the total number of batches of motor vehicle diesel fuel produced during the most recent calendar year the refinery was in operation after being reactivated pursuant to Sec. 80.595(c)(6)); or, for a foreign refinery, the total number of batches of motor vehicle diesel fuel produced and imported into the U.S. during January 1, 1998 through December 31, 1999 (or the total number of batches of motor vehicle diesel fuel produced and imported into the U.S. during the most recent calendar year the refinery was in operation after being reactivated pursuant to Sec. 80.595(c)(6)). i = Individual batch of motor vehicle diesel fuel produced during January 1, 1998 through December 31, 1999 (or individual batch of motor vehicle diesel fuel produced during the most recent calendar year the refinery was in operation after being reactivated pursuant to Sec. 80.595(c)(6)); or, for a foreign refinery, individual batch of motor vehicle diesel fuel produced and imported into the U.S. during January 1, 1998 through December 31, 1999 (or individual batch of motor vehicle diesel fuel produced and imported into the U.S. during the most recent calendar year the refinery was in operation after being reactivated pursuant to Sec. 80.595(c)(6)). m = Number of months in the baseline period (24 except in the case of a startup or reactivation). (b) If insufficient information is available for the Administrator to establish a baseline under paragraph (a) of this section, the baseline may be determined under the provisions of Sec. 80.595(f). Sec. 80.597 What are the registration requirements? Refiners having any refinery that is subject to a sulfur standard under Sec. 80.520(c), and importers importing such diesel fuel, must provide EPA the information under Sec. 80.76 no later than December 31, 2001, if such information has not been provided under the provisions of this part. In addition, for each import facility, the same identifying information as required for each refinery under Sec. 80.76(c) must be provided. [[Page 5150]] Secs. 80.598-80.599 [Reserved] Exemptions Sec. 80.600 What are the requirements for obtaining an exemption for motor vehicle diesel fuel used for research, development or testing purposes? (a) Written request for R&D exemption. Any person may receive an exemption from the provisions of this subpart for motor vehicle diesel fuel used for research, development, or testing (``R&D'') purposes by submitting the information listed in paragraph (c) of this section to: (1) Director (6406J), Transportation and Regional Programs Division, U.S. Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460 (postal mail); or (2) Director (6406J), Transportation and Regional Programs Division, U.S. Environmental Protection Agency, 501 3rd Street, NW., Washington, DC 20001 (express mail/courier); and (3) Director (2242A), Air Enforcement Division, U.S. Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. (b) Criteria for an R&D exemption. For an R&D exemption to be granted, the person requesting an exemption must: (1) Demonstrate a purpose that constitutes an appropriate basis for exemption; (2) Demonstrate that an exemption is necessary; (3) Design an R&D program to be reasonable in scope; and (4) Exercise a degree of control consistent with the purpose of the program and EPA's monitoring requirements. (c) Information required to be submitted. To demonstrate each of the elements in paragraphs (b)(1) through (4) of this section, the person requesting an exemption must include the following information in the written request required under paragraph (a) of this section: (1) A concise statement of the purpose of the program demonstrating that the program has an appropriate R&D purpose. (2) An explanation of why the stated purpose of the program cannot be achieved in a practicable manner without performing one or more of the prohibited acts under this subpart. (3) To demonstrate the reasonableness of the scope of the program: (i) An estimate of the program's duration in time and, if appropriate, mileage; (ii) An estimate of the maximum number of vehicles or engines involved in the program; (iii) The manner in which the information on vehicles and engines used in the program will be recorded and made available to the Administrator upon request; and (iv) The quantity of diesel fuel which does not comply with the requirements of Secs. 80.520 through 80.525. (4) With regard to control, a demonstration that the program affords EPA a monitoring capability, including: (i) The site(s) of the program (including facility name, street address, city, county, state, and zip code); (ii) The manner in which information on vehicles and engines used in the program will be recorded and made available to the Administrator upon request; (iii) The manner in which information on the diesel fuel used in the program (including quantity, fuel properties, name, address, telephone number and contact person of the supplier, and the date received from the supplier), will be recorded and made available to the Administrator upon request; (iv) The manner in which the party will ensure that the R&D fuel will be segregated from motor vehicle diesel fuel and fuel pumps will be labeled to ensure proper use of the R&D diesel fuel; (v) The name, address, telephone number and title of the person(s) in the organization requesting an exemption from whom further information on the application may be obtained; and (vi) The name, address, telephone number and title of the person(s) in the organization requesting an exemption who is responsible for recording and making available the information specified in this paragraph (c), and the location where such information will be maintained. (d) Additional requirements. (1) The product transfer documents associated with R&D motor vehicle diesel fuel must comply with requirements of Sec. 80.590(b)(5). (2) The R&D diesel fuel must be designated by the refiner or supplier, as applicable, as R&D diesel fuel. (3) The R&D diesel fuel must be kept segregated from non-exempt motor vehicle diesel fuel at all points in the distribution system. (4) The R&D diesel fuel must not be sold, distributed, offered for sale or distribution, dispensed, supplied, offered for supply, transported to or from, or stored by a diesel fuel retail outlet, or by a wholesale purchaser-consumer facility, unless the wholesale purchaser-consumer facility is associated with the R&D program that uses the diesel fuel. (5) At the completion of the program, any emission control systems or elements of design which are damaged or rendered inoperative shall be replaced on vehicles remaining in service, or the responsible person will be liable for a violation of the Clean Air Act Section 203(a)(3) unless sufficient evidence is supplied that the emission controls or elements of design were not damaged. (e) Mechanism for granting of an exemption. A request for an R&D exemption will be deemed approved by the earlier of sixty (60) days from the date on which EPA receives the request for exemption, (provided that EPA has not notified the applicant of potential disapproval by that time), or the date on which the applicant receives a written approval letter from EPA. (1) The volume of diesel fuel subject to the approval shall not exceed the estimated amount in paragraph (c)(3)(iv) of this section, unless EPA grants a greater amount in writing. (2) Any exemption granted under this section will expire at the completion of the test program or three years from the date of approval, whichever occurs first, and may only be extended upon re- application consistent will all requirements of this section. (3) The passage of sixty (60) days will not signify the acceptance by EPA of the validity of the information in the request for an exemption. EPA may elect at any time to review the information contained in the request, and where appropriate may notify the responsible person of disapproval of the exemption. (4) In granting an exemption the Administrator may include terms and conditions, including replacement of emission control devices or elements of design, that the Administrator determines are necessary for monitoring the exemption and for assuring that the purposes of this subpart are met. (5) Any violation of a term or condition of the exemption, or of any requirement of this section, will cause the exemption to be void ab initio. (6) If any information required under paragraph (c) of this section should change after approval of the exemption, the responsible person must notify EPA in writing immediately. Failure to do so may result in disapproval of the exemption or may make it void ab initio, and may make the party liable for a violation of this subpart. (f) Effects of exemption. Motor vehicle diesel fuel that is subject to an R&D exemption under this section is exempt from other provisions of this subpart provided that the fuel is used in a manner that complies with the purpose of the program under paragraph (c) of [[Continued on page 5151]] [Federal Register: January 18, 2001 (Volume 66, Number 12)] [Rules and Regulations] [Page 5151-5193] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr18ja01-19] [[pp. 5151-5193]] Control of Air Pollution from New Motor Vehicles: Heavy-Duty Engine and Vehicle Standards and Highway Diesel Fuel Sulfur Control Requirements [[Continued from page 5150]] [[Page 5151]] this section and the requirements of this section. (g) Notification of Completion. The party shall notify EPA in writing within thirty (30) days of completion of the R&D program. Sec. 80.601 What requirements apply to motor vehicle diesel fuel for use in the Territories? The sulfur standards of Sec. 80.520(a)(1) and (c) do not apply to diesel fuel that is produced, imported, sold, offered for sale, supplied, offered for supply, stored, dispensed, or transported for use in the Territories of Guam, American Samoa or the Commonwealth of the Northern Mariana Islands provided that such diesel fuel is: (a) Designated by the refiner or importer as high sulfur diesel fuel only for use in Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands; (b) Used only in Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands; (c) Accompanied by documentation that complies with the product transfer document requirements of Sec. 80.590(e)(3); and (d) Segregated from non-exempt motor vehicle diesel fuel at all points in the distribution system from the point the diesel fuel is designated as exempt fuel only for use in Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands, while the exempt fuel is in the United States but outside these Territories. Sec. 80.602 What exemption applies to diesel fuel used in vehicles having a national security exemption from motor vehicle emissions standards? The motor vehicle diesel fuel standards of Sec. 80.520(a)(1), (a)(2), and (c) do not apply to diesel fuel that is produced, imported, sold, offered for sale, supplied, offered for supply, stored, dispensed, or transported for use in: (a) Vehicles for which EPA has granted a national security exemption under 40 CFR 85.1708 from motor vehicle emissions standards under 40 CFR Part 86; or (b) Tactical military motor vehicles that are not subject to a national security exemption from motor vehicle emissions standards but for national security purposes (for purposes of readiness for deployment oversees) need to be fueled on the same fuel as motor vehicles for which EPA has granted a national security exemption, provided that such fuel is: (1) Used only in vehicles identified in paragraph (a) of this section or this paragraph (b); (2) Accompanied by product transfer documents as required under Sec. 80.590; (3) Segregated from non-exempt motor vehicle diesel fuel at all points in the distribution system; and (4) Dispensed from a fuel pump stand, fueling truck or tank that is labeled under the provisions of Sec. 80.570(c). Any such fuel pump stand, fueling truck or tank may also be labeled with the appropriate designation of the fuel, such as ``JP-8''. Sec. 80.603-80.609 [Reserved] Violation Provisions Sec. 80.610 What acts are prohibited under the diesel fuel sulfur program? No person shall: (a) Standard or dye violation. Produce, import, sell, offer for sale, dispense, supply, offer for supply, store or transport motor vehicle diesel fuel that does not comply with the applicable standards and dye requirements under Sec. 80.520. (b) Additive violation. (1) Produce, import, sell, offer for sale, dispense, supply, offer for supply, store or transport any motor vehicle diesel fuel additive for use at a downstream location that does not comply with the requirements under Sec. 80.521(a) or (b), as applicable. (2) Blend or permit the blending into motor vehicle diesel fuel at a downstream location, or use, or permit the use, as motor vehicle diesel fuel, of any additive which does not comply with the requirements of Sec. 80.521(a) or (b), as applicable. (c) Used motor oil violation. Introduce into the fuel system of model year 2007 or later diesel motor vehicles, or permit the introduction into the fuel system of such vehicles of used motor oil, or used motor oil blended with diesel fuel, which does not comply with the requirements of Sec. 80.522. (d) Improper fuel usage violation. (1) Introduce, or permit the introduction of, diesel fuel into model year 2007 or later diesel motor vehicles, and beginning December 1, 2010 into any diesel motor vehicle, which does not comply with the standards and dye requirements of Sec. 80.520(a) and (b). (2) Produce, import, sell, offer for sale, dispense, offer for supply, store, or transport for use in model year 2007 or later diesel motor vehicles, or introduce or permit the introduction into such motor vehicles, motor vehicle diesel fuel that is identified as other than diesel fuel complying with the 15 ppm sulfur standard; and beginning December 1, 2010, diesel fuel for use in or introduced into any diesel motor vehicle. (e) Cause another party to violate. Cause another person to commit an act in violation of paragraphs (a) through (d) of this section. (f) Cause violating fuel or additive to be in the distribution system. Cause motor vehicle diesel fuel to be in the motor vehicle diesel fuel distribution system which does not comply with the applicable standard and dye requirements of Sec. 80.520(a) and (b), or cause any motor vehicle diesel fuel additive to be in the motor vehicle diesel fuel additive distribution system which does not comply with the applicable sulfur, cetane, and/or aromatics standards of Sec. 80.521. Sec. 80.611 What evidence may be used to determine compliance with the prohibitions and requirements of this subpart and liability for violations of this subpart? (a) Compliance with sulfur, cetane, and aromatics standards. Compliance with the standards in Secs. 80.520, 80.521, and 80.522 shall be determined based on the level of the applicable component or parameter, using the sampling methodologies specified in Sec. 80.330(b), as applicable, and the appropriate testing methodologies specified in Sec. 80.580(a)(2) for sulfur, or one of the alternative methodologies for sulfur as approved under Sec. 80.580(a)(3); Sec. 80.2(w) for cetane index; and Sec. 80.2(z) for aromatic content. Any evidence or information, including the exclusive use of such evidence or information, may be used to establish the level of the applicable component or parameter in the diesel fuel or additive, or motor oil to be used in diesel fuel, if the evidence or information is relevant to whether that level would have been in compliance with the standard if the regulatory sampling and testing methodology had been correctly performed. Such evidence may be obtained from any source or location and may include, but is not limited to, test results using methods other than the compliance methods in this paragraph (a), business records, and commercial documents. (b) Compliance with other requirements. Determination of compliance with the requirements of this subpart other than the standards described in paragraph (a) of this section and in Secs. 80.520, 80.521, and 80.522, and determination of liability for any violation of this subpart, may be based on information obtained from any source or location. Such information may include, but is not limited to, business records and commercial documents. [[Page 5152]] Sec. 80.612 Who is liable for violations of this subpart? (a) Persons liable for violations of prohibited acts.--(1) Standard, dye, additives, motor oil, and introduction violations. (i) Any refiner, importer, distributor, reseller, carrier, retailer, or wholesale purchaser-consumer who owned, leased, operated, controlled or supervised a facility where a violation of Sec. 80.610(a) through (d) occurred, or any other person who violates Sec. 80.610(a) through (d), is deemed liable for the applicable violation. (ii) Any person who causes another person to violate Sec. 80.610(a) through (d) is liable for a violation of Sec. 80.610(e). (iii) Any refiner, importer, distributor, reseller, carrier, retailer, or wholesale purchaser-consumer who produced, imported, sold, offered for sale, dispensed, supplied, offered to supply, stored, transported, or caused the transportation or storage of, motor vehicle diesel fuel that violates Sec. 80.610(a), is deemed in violation of Sec. 80.610(e). (iv) Any person who produced, imported, sold, offered for sale, dispensed, supplied, offered to supply, stored, transported, or caused the transportation or storage of a motor vehicle diesel fuel additive which is used in motor vehicle diesel fuel that is found to violate Sec. 80.610(a), is deemed in violation of Sec. 80.610(e). (2) Cause violating motor vehicle diesel fuel or additive to be in the distribution system. Any refiner, importer, distributor, reseller, carrier, retailer, or wholesale purchaser-consumer or any other person who owned, leased, operated, controlled or supervised a facility from which motor vehicle diesel fuel or additive was released into the motor vehicle diesel fuel or additive distribution system which does not comply with the applicable standards or dye requirements of Sec. 80.520 or Sec. 80.521, is deemed in violation of Sec. 80.610(f). (3) Branded refiner/importer liability. Any refiner or importer whose corporate, trade, or brand name, or whose marketing subsidiary's corporate, trade, or brand name appeared at a facility where a violation of Sec. 80.610(a) occurred, is deemed in violation of Sec. 80.610(a). (4) Carrier causation. In order for a motor vehicle diesel fuel or motor vehicle diesel fuel additive carrier to be liable under paragraph (a)(1)(ii), (iii) or (iv) of this section, as applicable, EPA must demonstrate, by reasonably specific showing by direct or circumstantial evidence, that the carrier caused the violation. (5) Parent corporation. Any parent corporation is liable for any violations of this subpart that are committed by any subsidiary. (6) Joint venture. Each partner to a joint venture is jointly and severally liable for any violation of this subpart that occurs at the joint venture facility or is committed by the joint venture operation. (b) Persons liable for failure to comply with other provisions ofthis subpart. Any person who: (1) Fails to comply with the requirements of a provision of this subpart not addressed in paragraph (a) of this section is liable for a violation of that provision; or (2) Causes another person to fail to comply with the requirements of a provision of this subpart not addressed in paragraph (a) of this section, is liable for causing a violation of that provision. Sec. 80.613 What defenses apply to persons deemed liable for a violation of a prohibited act? (a) Presumptive liability defenses. (1) Any person deemed liable for a violation of a prohibition under Sec. 80.612(a)(1)(i) or (iii), (a)(2), or (a)(3), will not be deemed in violation if the person demonstrates: (i) The violation was not caused by the person or the person's employee or agent; (ii) Product transfer documents account for fuel or additive found to be in violation and indicate that the violating product was in compliance with the applicable requirements when it was under the party's control; (iii) The person conducted a quality assurance sampling and testing program, as described in paragraph (d) of this section, except for those parties subject to the provisions of paragraph (a)(1)(iv) or (v) of this section. A carrier may rely on the quality assurance program carried out by another party, including the party who owns the diesel fuel in question, provided that the quality assurance program is carried out properly. Retailers, wholesale purchaser-consumers, and ultimate consumers of diesel fuel are not required to conduct quality assurance programs; (iv) For refiners and importers of motor vehicle diesel fuel subject to the 15 ppm standard under Sec. 80.520(a)(1), test results which: (A) Were conducted according to the test methodology required under Sec. 80.580 (a)(2) or an approved alternative test method under Sec. 80.580(a)(3); and (B) Establish that, when it left the party's control, the sulfur content of motor vehicle diesel fuel subject to the 15 ppm standard did not exceed 15 ppm; and (v) For any person who, at a downstream location, blends a diesel fuel additive subject to the requirements of Sec. 80.521(b) into motor vehicle diesel fuel subject to the sulfur standard under Sec. 80.520(a)(1), except a blender who blends additives into fuel trucks at a truck loading rack subject to the provisions of (d)(1) of this section, test results which are conducted subsequent to the blending of the additive into the fuel, and which comply with the requirements of paragraphs (a)(4)(iv)(A) and (B) of this section. (2) Any party deemed liable for a violation under Sec. 80.612(a)(1)(iv), in regard to a diesel fuel additive subject to the requirements of Sec. 80.521(a), will not be deemed in violation if the person demonstrates that: (i) Product transfer document(s) account for the additive in the fuel found to be in violation, which comply with the requirements under Sec. 80.591(a), and indicate that the additive was in compliance with the applicable requirements while it was under the party's control; and (ii) For the additive's manufacturer or importer, test results which accurately establish that, when it left the party's control, the additive in the diesel fuel determined to be in violation did not have a sulfur content in excess of 15 ppm. (A) Analysis of the additive sulfur content pursuant to this paragraph (a)(2) may be conducted at the time the batch was manufactured or imported, or on a sample of that batch which the manufacturer or importer retains for such purpose for a minimum of two years from the date the batch was manufactured or imported. (B) After two years from the date the additive batch was manufactured or imported, the additive manufacturer or importer is no longer required to retain samples for the purpose of complying with the testing requirements of this paragraph (a)(2) of this section. (C) The analysis of the sulfur content of the additive must be conducted pursuant to the requirements of Sec. 80.580(a). (3) Any person who is deemed liable for a violation under Sec. 80.612 (a)(1)(iv) with regard to a diesel fuel additive subject to the requirements of Sec. 80.521(b), will not be deemed in violation if the person demonstrates that: (i) The violation was not caused by the party or the party's employee or agent; [[Page 5153]] (ii) Product transfer document(s) which comply with the additive information requirements under Sec. 80.591 (b), account for the additive in the fuel found to be in violation, and indicate that the additive was in compliance with the applicable requirements while it was under the party's control; and (iii) For the additive's manufacturer or importer, test results which accurately establish that, when it left the party's control, the additive in the diesel fuel determined to be in violation was in conformity with the information on the additive product transfer document pursuant to the requirements of Sec. 80.591(b). The testing procedures applicable under paragraph (a)(2) of this section, also apply under this paragraph (a)(3). (b) Branded refiner defenses. In the case of a violation found at a facility operating under the corporate, trade or brand name of a refiner or importer, or a refiner's or importer's marketing subsidiary, the refiner or importer must show, in addition to the defense elements required under paragraph (a)(1) of this section, that the violation was caused by: (1) An act in violation of law (other than the Clean Air Act or this Part 80), or an act of sabotage or vandalism; (2) The action of any refiner, importer, retailer, distributor, reseller, oxygenate blender, carrier, retailer or wholesale purchaser- consumer in violation of a contractual agreement between the branded refiner or importer and the person designed to prevent such action, and despite periodic sampling and testing by the branded refiner or importer to ensure compliance with such contractual obligation; or (3) The action of any carrier or other distributor not subject to a contract with the refiner or importer, but engaged for transportation of diesel fuel, despite specifications or inspections of procedures and equipment which are reasonably calculated to prevent such action. (c) Causation demonstration. Under paragraph (a)(1) of this section for any person to show that a violation was not caused by that person, or under paragraph (b) of this section to show that a violation was caused by any of the specified actions, the person must demonstrate by reasonably specific showing, by direct or circumstantial evidence, that the violation was caused or must have been caused by another person and that the person asserting the defense did not contribute to that other person's causation. (d) Quality assurance and testing program. To demonstrate an acceptable quality assurance program under paragraph (a)(1)(iii) of this section, a person must present evidence of the following: (1) A periodic sampling and testing program to ensure the motor vehicle diesel fuel or additive the person sold, dispensed, supplied, stored, or transported, meets the applicable standards. (2) For those parties who, at a downstream location, blend diesel fuel additives subject to the requirements of Sec. 80.521(b) into fuel trucks at a truck loading rack, the periodic sampling and testing program required under this paragraph (d) must ensure, by taking into account the greater risk of noncompliance created through use of a high sulfur additive, that the diesel fuel into which the additive was blended meets the applicable standards subsequent to the blending. (3) On each occasion when motor vehicle diesel fuel or additive is found not in compliance with the applicable standard: (i) The person immediately ceases selling, offering for sale, dispensing, supplying, offering for supply, storing or transporting the non-complying product; and (ii) The person promptly remedies the violation and the factors that caused the violation (for example, by removing the non-complying product from the distribution system until the applicable standard is achieved and taking steps to prevent future violations of a similar nature from occurring). (4) For any carrier who transports motor vehicle diesel fuel or additive in a tank truck, the quality assurance program required under this paragraph (d) need not include its own periodic sampling and testing of the motor vehicle diesel fuel or additive in the tank truck, but in lieu of such tank truck sampling and testing, the carrier shall demonstrate evidence of an oversight program for monitoring compliance with the requirements of this subpart relating to the transport or storage of such product by tank truck, such as appropriate guidance to drivers regarding compliance with the applicable sulfur standard and product transfer document requirements, and the periodic review of records received in the ordinary course of business concerning motor vehicle diesel fuel or additive quality and delivery. Sec. 80.614 What penalties apply under this subpart? (a) Any person liable for a violation under Sec. 80.612 is subject to civil penalties as specified in section 205 of the Clean Air Act for every day of each such violation and the amount of economic benefit or savings resulting from each violation. (b)(1) Any person liable under Sec. 80.612(a)(1) for a violation of an applicable standard or requirement under Sec. 80.520, or of causing another party to violate such standard or requirement, is subject to a separate day of violation for each and every day the non-complying motor vehicle diesel fuel remains any place in the distribution system. (2) Any person liable under Sec. 80.612(a)(2) for causing motor vehicle diesel fuel to be in the distribution system which does not comply with an applicable standard or requirement of Sec. 80.520, is subject to a separate day of violation for each and every day that the non-complying motor vehicle diesel fuel remains any place in the motor vehicle diesel fuel distribution system. (3) Any person liable under Sec. 80.612(a)(1) for blending into motor vehicle diesel fuel an additive violating the applicable sulfur standard pursuant to the requirements of Sec. 80.521(a) or (b), as appropriate, or of causing another party to so blend or add such an additive, is subject to a separate day of violation for each and every day the motor vehicle diesel fuel into which the noncomplying additive was blended, remains any place in the fuel distribution system. (4) For purposes of this paragraph (b), the length of time the motor vehicle diesel fuel in question remained in the motor vehicle diesel fuel distribution system is deemed to be twenty-five days, unless a person subject to liability or EPA demonstrates by reasonably specific showings, by direct or circumstantial evidence, that the non- complying motor vehicle diesel fuel remained in the distribution system for fewer than or more than twenty-five days. (c) Any person liable under Sec. 80.612(b) for failure to meet, or causing a failure to meet, a provision of this subpart is liable for a separate day of violation for each and every day such provision remains unfulfilled. Secs. 80.615-80.619 [Reserved] Provisions for Foreign Refiners and Importers for Motor Vehicle Diesel Fuel Subject to a Temporary Compliance Option or Hardship Provision Sec. 80.620 What are the additional requirements for motor vehicle diesel fuel produced by foreign refineries subject to a temporary refiner compliance option or hardship provisions? (a) Definitions. (1) A foreign refinery is a refinery that is located outside the [[Page 5154]] United States, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands (collectively referred to in this section as ``the United States''). (2) A foreign refiner is a person who meets the definition of refiner under Sec. 80.2(i) for a foreign refinery. (3) A diesel fuel program foreign refiner (``DFR'') is a foreign refiner that has been approved by EPA for participation in any motor vehicle diesel fuel credits program, motor vehicle diesel fuel temporary compliance option, hardship or GPA provisions of Secs. 80.530 through 80.532, Sec. 80.540, Sec. 80.552, Sec. 80.553, Sec. 80.560 or Sec. 80.561 (collectively referred to as ``diesel foreign refiner program''). (4) ``DFR-Diesel'' means motor vehicle diesel fuel produced at a DFR refinery that is imported into the United States. (5) ``Non-DFR-Diesel'' means motor vehicle diesel fuel that is produced at a foreign refinery that has not been approved as a DFR foreign refiner, motor vehicle diesel fuel produced at a DFR foreign refinery that is not imported into the United States, and motor vehicle diesel fuel produced at a DFR foreign refinery during a period when the foreign refiner has opted to not participate in the DFR-Diesel diesel foreign refiner program under paragraph (c)(3) of this section. (6) ``Certified DFR-Diesel'' means DFR-Diesel the foreign refiner intends to include in the foreign refinery's compliance calculations under Secs. 80.530 through 80.532, Sec. 80.540, Sec. 80.552, Sec. 80.553, Sec. 80.560 or Sec. 80.561 and does include in these compliance calculations when reported to EPA. (7) ``Non-Certified DFR-Diesel'' means DFR-Diesel fuel that a DFR foreign refiner imports to the United States that is not Certified DFR- Diesel. (b) Baseline. For any foreign refiner to obtain approval under the diesel foreign refiner program of this subpart for any refinery, it must apply for approval under the applicable provisions of this subpart. To obtain approval the refiner is required, as applicable, to demonstrate a volume baseline for calendar years 1998 and 1999 for motor vehicle diesel fuel produced for use in the United States under Secs. 80.595 and 80.596. (1) The refiner shall follow the procedures, applicable to volume baselines and using motor vehicle diesel fuel instead of gasoline, in Secs. 80.91 through 80.93 to establish the volume of motor vehicle diesel fuel that was produced at the refinery and imported into the United States during 1998 and 1999 for purposes of establishing a baseline under Secs. 80.595 and 80.596. (2) In making determinations for foreign refinery baselines EPA will consider all information supplied by a foreign refiner, and in addition may rely on any and all appropriate assumptions necessary to make such determinations. (3) Where a foreign refiner submits a petition that is incomplete or inadequate to establish an accurate baseline, and the refiner fails to correct this deficiency after a request for more information, EPA will not assign an individual refinery motor vehicle diesel fuel volume baseline. (c) General requirements for DFR foreign refiners. A foreign refiner of a refinery that is approved under the diesel foreign refiner program of this subpart must designate each batch of motor vehicle diesel fuel produced at the foreign refinery that is exported to the United States as either Certified DFR-Diesel or as Non-Certified DFR- Diesel, except as provided in paragraph (c)(3) of this section. It must further designate all Certified DFR-Diesel as complying with either the 15 ppm sulfur standard under Sec. 80.520(a)(1) or the 500 ppm sulfur standard under Sec. 80.520(c). (1) In the case of Certified DFR-Diesel, the foreign refiner must meet all requirements that apply to refiners under this subpart, except that: (i) For purposes of complying with the compliance option requirements of Sec. 80.530, motor vehicle diesel fuel produced by a foreign refinery must comply separately for each Credit Trading Area of import, as defined in Sec. 80.531(a)(5). (ii) For purposes of complying with the compliance option requirements of Sec. 80.530, credits obtained from any other refinery or from any importer must have been generated in the same Credit Trading Area as the Credit Trading Area of import of the fuel for which credits are needed to achieve compliance. (iii) For purposes of generating credits under this subpart, credits shall be generated separately by Credit Trading Area of import and shall be designated by Credit Trading Area of importation and by port of importation. (2) In the case of Non-Certified DFR-Diesel, the foreign refiner shall meet all the following requirements: (i) The designation requirements in this section. (ii) The reporting requirements in this section and Sec. 80.593. (iii) The product transfer document requirements in this section. (iv) The prohibitions in this section and Sec. 80.610. (3)(i) Any foreign refiner that has been approved to produce motor vehicle diesel fuel subject to the diesel foreign refiner program for a foreign refinery under this subpart may elect to classify no diesel fuel imported into the United States as DFR-Diesel provided the foreign refiner notifies EPA of the election no later than November 1 of the prior calendar year. (ii) An election under paragraph (c)(3)(i) of this section shall be for an entire calendar year and apply to all motor vehicle diesel fuel that is produced by the foreign refinery that is imported into the United States, and shall remain in effect for each succeeding year unless and until the foreign refiner notifies EPA of the termination of the election. The change in election shall take effect at the beginning of the next calendar year. (d) Designation, product transfer documents, and foreign refiner certification. (1) Any foreign refiner of a foreign refinery that has been approved by EPA to produce motor vehicle diesel fuel subject to the diesel foreign refiner program must designate each batch of DFR- Diesel as such at the time the diesel fuel is produced, unless the refiner has elected to classify no diesel fuel exported to the United States as DFR-Diesel under paragraph (c)(3) of this section. (2) On each occasion when any person transfers custody or title to any DFR-Diesel prior to its being imported into the United States, it must include the following information as part of the product transfer document information in this section: (i) Identification of the diesel fuel as Certified DFR-Diesel or as Non-Certified DFR-Diesel, and if it is Certified DFR-Diesel, further designation as meeting the 500 ppm sulfur standard under Sec. 80.520(c) or the 15 ppm sulfur standard under Sec. 80.520(a)(1) pursuant to Sec. 80.523; and (ii) The name and EPA refinery registration number (under Sec. 80.593) of the refinery where the DFR-Diesel was produced. (3) On each occasion when DFR-Diesel is loaded onto a vessel or other transportation mode for transport to the United States, the foreign refiner shall prepare a certification for each batch of the DFR-Diesel that meets the following requirements. (i) The certification shall include the report of the independent third party under paragraph (f) of this section, and the following additional information: (A) The name and EPA registration number of the refinery that produced the DFR-Diesel; [[Page 5155]] (B) The identification of the diesel fuel as Certified DFR-Diesel or Non-Certified DFR-Diesel; (C) The volume of DFR-Diesel being transported, in gallons; (D) In the case of Certified DFR-Diesel: (1) The sulfur content as determined under paragraph (f) of this section, and the designation of the fuel as complying with the 15 ppm sulfur content standard for motor vehicle diesel fuel under Sec. 80.520(a)(1) or the 500 ppm sulfur content standard for motor vehicle diesel fuel under Sec. 80.520(c); and (2) A declaration that the DFR-Diesel is being included in the applicable compliance calculations required by the EPA under this subpart. (ii) The certification shall be made part of the product transfer documents for the DFR-Diesel. (e) Transfers of DFR-Diesel to non-United States markets. The foreign refiner is responsible to ensure that all diesel fuel classified as DFR-Diesel is imported into the United States. A foreign refiner may remove the DFR-Diesel classification, and the diesel fuel need not be imported into the United States, but only if: (1)(i) The foreign refiner excludes: (A) The volume of diesel from the refinery's compliance report under Sec. 80.593; and (B) In the case of Certified DFR-Diesel, the volume of the diesel fuel from the compliance report under Sec. 80.593. (ii) The exclusions under paragraph (e)(1)(i) of this section shall be on the basis of the designations under Sec. 80.523 and volumes determined under paragraph (f) of this section. (2) The foreign refiner obtains sufficient evidence in the form of documentation that the diesel fuel was not imported into the United States. (f) Load port independent sampling, testing and refinery identification. (1) On each occasion that DFR-Diesel is loaded onto a vessel for transport to the United States a foreign refiner shall have an independent third party: (i) Inspect the vessel prior to loading and determine the volume of any tank bottoms; (ii) Determine the volume of DFR-Diesel loaded onto the vessel (exclusive of any tank bottoms before loading); (iii) Obtain the EPA-assigned registration number of the foreign refinery; (iv) Determine the name and country of registration of the vessel used to transport the DFR-Diesel to the United States; and (v) Determine the date and time the vessel departs the port serving the foreign refinery. (2) On each occasion that Certified DFR-Diesel is loaded onto a vessel for transport to the United States a foreign refiner shall have an independent third party: (i) Collect a representative sample of the Certified DFR-Diesel from each vessel compartment subsequent to loading on the vessel and prior to departure of the vessel from the port serving the foreign refinery; (ii) Determine the sulfur content value for each compartment using the methodology specified in Sec. 80.580 by: (A) The third party analyzing each sample; or (B) The third party observing the foreign refiner analyze the sample; (iii) Review original documents that reflect movement and storage of the certified DFR-Diesel from the refinery to the load port, and from this review determine: (A) The refinery at which the DFR-Diesel was produced; and (B) That the DFR-Diesel remained segregated from: (1) Non-DFR-Diesel and Non-Certified DFR-Diesel; and (2) Other Certified DFR-Diesel produced at a different refinery. (3) The independent third party shall submit a report: (i) To the foreign refiner containing the information required under paragraphs (f)(1) and (f)(2) of this section, to accompany the product transfer documents for the vessel; and (ii) To the Administrator containing the information required under paragraphs (f)(1) and (f)(2) of this section, within thirty days following the date of the independent third party's inspection. This report shall include a description of the method used to determine the identity of the refinery at which the diesel fuel was produced, assurance that the diesel fuel remained segregated as specified in paragraph (n)(1) of this section, and a description of the diesel fuel's movement and storage between production at the source refinery and vessel loading. (4) The independent third party must: (i) Be approved in advance by EPA, based on a demonstration of ability to perform the procedures required in this paragraph (f); (ii) Be independent under the criteria specified in Sec. 80.65(e)(2)(iii); and (iii) Sign a commitment that contains the provisions specified in paragraph (i) of this section with regard to activities, facilities and documents relevant to compliance with the requirements of this paragraph (f). (g) Comparison of load port and port of entry testing. (1) Load port and port of entry testing requirements, as follows: (i) Any foreign refiner and any United States importer of Certified DFR-Diesel shall compare the results from the load port testing under paragraph (f) of this section, with the port of entry testing as reported under paragraph (o) of this section, for the volume of diesel and the sulfur value; except that (ii) Where a vessel transporting Certified DFR-Diesel off loads this diesel fuel at more than one United States port of entry, and the conditions of paragraph (g)(2)(i) of this section are met at the first United States port of entry, the requirements of paragraph (g)(2) of this section do not apply at subsequent ports of entry if the United States importer obtains a certification from the vessel owner that meets the requirements of paragraph(s) of this section, that the vessel has not loaded any diesel fuel or blendstock between the first United States port of entry and the subsequent port of entry. (2)(i) The requirements of this paragraph (g)(2) apply if: (A) The temperature-corrected volumes determined at the port of entry and at the load port differ by more than one percent; or (B) The sulfur value determined at the port of entry is higher than the sulfur value determined at the load port, and the amount of this difference is greater than the reproducibility amount specified for the port of entry test result by the American Society of Testing and Materials (ASTM). (ii) The United States importer and the foreign refiner shall treat the diesel fuel as Non-Certified DFR-Diesel, and the foreign refiner shall exclude the diesel fuel volume from its motor vehicle diesel fuel volumes calculations and sulfur standard designations under Sec. 80.523. (h) Attest requirements. Refiners, for each calendar year, must arrange to have an attest engagement performed of the underlying documentation that forms the basis of any report required under this subpart. The attest engagement must comply with the procedures and requirements that apply to refiners under Secs. 80.125 through 80.130 and must be submitted to the Administrator of EPA by May 30 of each year for the prior calendar year. The following additional procedures shall be carried out for any foreign refiner of DFR-Diesel: (1) The inventory reconciliation analysis under Sec. 80.128(b) and the tender analysis under Sec. 80.128(c) shall include Non-DFR-Diesel. (2) Obtain separate listings of all tenders of Certified DFR-Diesel and of Non-Certified DFR-Diesel, and obtain separate listings of Certified DFR-Diesel [[Page 5156]] based on whether it is 15 ppm sulfur content motor vehicle diesel fuel or 500 ppm sulfur content motor vehicle diesel fuel. Agree the total volume of tenders from the listings to the diesel fuel inventory reconciliation analysis in Sec. 80.128(b), and to the volumes determined by the third party under paragraph (f)(1) of this section. (3) For each tender under paragraph (h)(2) of this section, where the diesel fuel is loaded onto a marine vessel, report as a finding the name and country of registration of each vessel, and the volumes of DFR-Diesel loaded onto each vessel. (4) Select a sample from the list of vessels identified in paragraph (h)(3) of this section used to transport Certified DFR- Diesel, in accordance with the guidelines in Sec. 80.127, and for each vessel selected perform the following: (i) Obtain the report of the independent third party, under paragraph (f) of this section, and of the United States importer under paragraph (o) of this section. (A) Agree the information in these reports with regard to vessel identification, diesel fuel volumes and sulfur content test results. (B) Identify, and report as a finding, each occasion the load port and port of entry sulfur content and volume results differ by more than the amounts allowed in paragraph (g) of this section, and determine whether the foreign refiner adjusted its refinery calculations as required in paragraph (g) of this section. (ii) Obtain the documents used by the independent third party to determine transportation and storage of the Certified DFR-Diesel from the refinery to the load port, under paragraph (f) of this section. Obtain tank activity records for any storage tank where the Certified DFR-Diesel is stored, and pipeline activity records for any pipeline used to transport the Certified DFR-Diesel, prior to being loaded onto the vessel. Use these records to determine whether the Certified DFR- Diesel was produced at the refinery that is the subject of the attest engagement, and whether the Certified DFR-Diesel was mixed with any Non-Certified DFR-Diesel, Non-DFR-Diesel, or any Certified DFR-Diesel produced at a different refinery. (5) Select a sample from the list of vessels identified in paragraph (h)(3) of this section used to transport certified and Non- Certified DFR-Diesel, in accordance with the guidelines in Sec. 80.127, and for each vessel selected perform the following: (i) Obtain a commercial document of general circulation that lists vessel arrivals and departures, and that includes the port and date of departure of the vessel, and the port of entry and date of arrival of the vessel. (ii) Agree the vessel's departure and arrival locations and dates from the independent third party and United States importer reports to the information contained in the commercial document. (6) Obtain separate listings of all tenders of Non-DFR-Diesel, and perform the following: (i) Agree the total volume and sulfur content of tenders from the listings to the diesel fuel inventory reconciliation analysis in Sec. 80.128(b). (ii) Obtain a separate listing of the tenders under this paragraph (h)(6) where the diesel fuel is loaded onto a marine vessel. Select a sample from this listing in accordance with the guidelines in Sec. 80.127, and obtain a commercial document of general circulation that lists vessel arrivals and departures, and that includes the port and date of departure and the ports and dates where the diesel fuel was off loaded for the selected vessels. Determine and report as a finding the country where the diesel fuel was off loaded for each vessel selected. (7) In order to complete the requirements of this paragraph (h) an auditor shall: (i) Be independent of the foreign refiner; (ii) Be licensed as a Certified Public Accountant in the United States and a citizen of the United States, or be approved in advance by EPA based on a demonstration of ability to perform the procedures required in Secs. 80.125 through 80.130 and this paragraph (h); and (iii) Sign a commitment that contains the provisions specified in paragraph (i) of this section with regard to activities and documents relevant to compliance with the requirements of Secs. 80.125 through 80.130 and this paragraph (h). (i) Foreign refiner commitments. Any foreign refiner shall commit to and comply with the provisions contained in this paragraph (i) as a condition to being approved for a temporary refiner diesel fuel program option. (1) Any United States Environmental Protection Agency inspector or auditor must be given full, complete and immediate access to conduct inspections and audits of the foreign refinery. (i) Inspections and audits may be either announced in advance by EPA, or unannounced. (ii) Access will be provided to any location where: (A) Diesel fuel is produced; (B) Documents related to refinery operations are kept; (C) Diesel fuel or blendstock samples are tested or stored; and (D) DFR-Diesel is stored or transported between the foreign refinery and the United States, including storage tanks, vessels and pipelines. (iii) Inspections and audits may be by EPA employees or contractors to EPA. (iv) Any documents requested that are related to matters covered by inspections and audits must be provided to an EPA inspector or auditor on request. (v) Inspections and audits by EPA may include review and copying of any documents related to: (A) Refinery baseline establishment, if applicable, including the volume and sulfur content; transfers of title or custody of any diesel fuel or blendstocks whether DFR-Diesel or Non-DFR-Diesel, produced at the foreign refinery during the period January 1, 1998 through the date of the refinery baseline petition or through the date of the inspection or audit if a baseline petition has not been approved, and any work papers related to refinery baseline establishment; (B) The volume and sulfur content of DFR-Diesel; (C) The proper classification of diesel fuel as being DFR-Diesel or as not being DFR-Diesel, or as Certified DFR-Diesel or as Non-Certified DFR-Diesel, or as meeting the 15 ppm sulfur standard under Sec. 80.520(a)(1) or the 500 ppm sulfur standard under Sec. 80.520(c); (D) Transfers of title or custody to DFR-Diesel; (E) Sampling and testing of DFR-Diesel; (F) Work performed and reports prepared by independent third parties and by independent auditors under the requirements of this section, including work papers; and (G) Reports prepared for submission to EPA, and any work papers related to such reports. (vi) Inspections and audits by EPA may include taking samples of diesel fuel, diesel fuel additives or blendstock, and interviewing employees. (vii) Any employee of the foreign refiner must be made available for interview by the EPA inspector or auditor, on request, within a reasonable time period. (viii) English language translations of any documents must be provided to an EPA inspector or auditor, on request, within 10 working days. (ix) English language interpreters must be provided to accompany EPA inspectors and auditors, on request. (2) An agent for service of process located in the District of Columbia shall [[Page 5157]] be named, and service on this agent constitutes service on the foreign refiner or any employee of the foreign refiner for any action by EPA or otherwise by the United States related to the requirements of this subpart. (3) The forum for any civil or criminal enforcement action related to the provisions of this section for violations of the Clean Air Act or regulations promulgated thereunder shall be governed by the Clean Air Act, including the EPA administrative forum where allowed under the Clean Air Act. (4) United States substantive and procedural laws shall apply to any civil or criminal enforcement action against the foreign refiner or any employee of the foreign refiner related to the provisions of this section. (5) Submitting a petition for participation in the diesel foreign refiner program or producing and exporting diesel fuel under any such program, and all other actions to comply with the requirements of this subpart relating to participation in any diesel foreign refiner program, or to establish an individual refinery motor vehicle diesel fuel volume baseline (if applicable) constitute actions or activities that satisfy the provisions of 28 U.S.C. section 1605(a)(2), but solely with respect to actions instituted against the foreign refiner, its agents and employees in any court or other tribunal in the United States for conduct that violates the requirements applicable to the foreign refiner under this subpart, including conduct that violates Title 18 U.S.C. section 1001 and Clean Air Act section 113(c)(2). (6) The foreign refiner, or its agents or employees, will not seek to detain or to impose civil or criminal remedies against EPA inspectors or auditors, whether EPA employees or EPA contractors, for actions performed within the scope of EPA employment related to the provisions of this section. (7) The commitment required by this paragraph (i) shall be signed by the owner or president of the foreign refiner business. (8) In any case where DFR-Diesel produced at a foreign refinery is stored or transported by another company between the refinery and the vessel that transports the DFR-Diesel to the United States, the foreign refiner shall obtain from each such other company a commitment that meets the requirements specified in paragraphs (i)(1) through (7) of this section, and these commitments shall be included in the foreign refiner's petition to participate in any diesel foreign refiner program . (j) Sovereign immunity. By submitting a petition for participation in any diesel foreign refiner program under this subpart (and baseline, if applicable) under this section, or by producing and exporting diesel fuel to the United States under any such program, the foreign refiner, and its agents and employees, without exception, become subject to the full operation of the administrative and judicial enforcement powers and provisions of the United States without limitation based on sovereign immunity, with respect to actions instituted against the foreign refiner, its agents and employees in any court or other tribunal in the United States for conduct that violates the requirements applicable to the foreign refiner under this subpart including conduct that violates Title 18 U.S.C. section 1001 and Clean Air Act section 113(c)(2). (k) Bond posting. Any foreign refiner shall meet the requirements of this paragraph (k) as a condition to approval for any diesel foreign refiner program under this subpart. (1) The foreign refiner shall post a bond of the amount calculated using the following equation: Bond = G x $0.01 Where: Bond = amount of the bond in U.S. dollars. G = the volume baseline for motor vehicle diesel fuel produced at the foreign refinery and exported to the United States, in gallons. (2) Bonds shall be posted by: (i) Paying the amount of the bond to the Treasurer of the United States; (ii) Obtaining a bond in the proper amount from a third party surety agent that is payable to satisfy United States administrative or judicial judgments against the foreign refiner, provided EPA agrees in advance as to the third party and the nature of the surety agreement; or (iii) An alternative commitment that results in assets of an appropriate liquidity and value being readily available to the United States, provided EPA agrees in advance as to the alternative commitment. (3) Bonds posted under this paragraph (k) shall: (i) Be used to satisfy any judicial judgment that results from an administrative or judicial enforcement action for conduct in violation of this subpart, including where such conduct violates Title 18 U.S.C. 1001 and Clean Air Act section 113(c)(2); (ii) Be provided by a corporate surety that is listed in the United States Department of Treasury Circular 570 ``Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds'' (available from the Department of Treasury website at http:// www.fms.treas.gov or from the Government Printing Office, phone (202) 512-1800); and (iii) Include a commitment that the bond will remain in effect for at least five (5) years following the end of latest annual reporting period that the foreign refiner produces motor vehicle diesel fuel pursuant to the requirements of this subpart. (4) On any occasion a foreign refiner bond is used to satisfy any judgment, the foreign refiner shall increase the bond to cover the amount used within 90 days of the date the bond is used. (5) If the bond amount for a foreign refiner increases, the foreign refiner shall increase the bond to cover the shortfall within 90 days of the date the bond amount changes. If the bond amount decreases, the foreign refiner may reduce the amount of the bond beginning 90 days after the date the bond amount changes. (l) [Reserved] (m) English language reports. Any report or other document submitted to EPA by a foreign refiner shall be in English language, or shall include an English language translation. (n) Prohibitions. (1) No person may combine Certified DFR-Diesel with any Non-Certified DFR-Diesel or Non-DFR-Diesel, and no person may combine Certified DFR-Diesel with any Certified DFR-Diesel produced at a different refinery, until the importer has met all the requirements of paragraph (o) of this section, except as provided in paragraph (e) of this section. (2) No foreign refiner or other person may cause another person to commit an action prohibited in paragraph (n)(1) of this section, or that otherwise violates the requirements of this section. (o) United States importer requirements. Any United States importer shall meet the following requirements: (1) Each batch of imported motor vehicle diesel fuel shall be classified by the importer as being DFR-Diesel or as Non-DFR-Diesel, and each batch classified as DFR-Diesel shall be further classified as Certified DFR-Diesel or as Non-certified DFR-Diesel, and each batch of Certified DFR-Diesel shall be further classified as complying with the 500 ppm motor vehicle diesel fuel sulfur standard under Sec. 80.520(c) or the 15 ppm motor vehicle diesel fuel sulfur standard under Sec. 80.520(a)(1). (2) Motor vehicle diesel fuel shall be classified as Certified DFR- Diesel or as Non-Certified DFR-Diesel according to the designation by the foreign refiner if this designation is supported by product [[Page 5158]] transfer documents prepared by the foreign refiner as required in paragraph (d) of this section, unless the diesel fuel is classified as Non-Certified DFR-Diesel under paragraph (g) of this section. Additionally, the importer shall comply with all requirements of this subpart applicable to domestic refiners subject to any diesel foreign refiner program under this subpart. (3) For each diesel fuel batch classified as DFR-Diesel, any United States importer shall perform the following procedures: (i) In the case of both Certified and Non-Certified DFR-Diesel, have an independent third party: (A) Determine the volume of diesel fuel in the vessel; (B) Use the foreign refiner's DFR-Diesel certification to determine the name and EPA-assigned registration number of the foreign refinery that produced the DFR-Diesel; (C) Determine the name and country of registration of the vessel used to transport the DFR-Diesel to the United States; and (D) Determine the date and time the vessel arrives at the United States port of entry. (ii) In the case of Certified DFR-Diesel, have an independent third party: (A) Collect a representative sample from each vessel compartment subsequent to the vessel's arrival at the United States port of entry and prior to off loading any diesel fuel from the vessel; (B) Obtain the compartment samples; and (C) Determine the sulfur value of each compartment sample using the methodologies specified in Sec. 80.580, by: (1) The third party analyzing the sample; or (2) The third party observing the importer analyze the sample. (4) Any importer shall submit reports within thirty days following the date any vessel transporting DFR-Diesel arrives at the United States port of entry: (i) To the Administrator containing the information determined under paragraph (o)(3) of this section; and (ii) To the foreign refiner containing the information determined under paragraph (o)(3)(ii) of this section, and including identification of the port and Credit Trading Area at which the product was offloaded. (5) Any United States importer shall meet the requirements specified in Sec. 80.520, for any imported motor vehicle diesel fuel that is not classified as Certified DFR-Diesel under paragraph (o)(2) of this section. (p) Truck Imports of Certified DFR-Diesel produced at a Foreign Refinery. (1) Any refiner whose Certified DFR-Diesel is transported into the United States by truck may petition EPA to use alternative procedures to meet the following requirements: (i) Certification under paragraph (d)(5) of this section; (ii) Load port and port of entry sampling and testing under paragraphs (f) and (g) of this section; (iii) Attest under paragraph (h) of this section; and (iv) Importer testing under paragraph (o)(3) of this section. (2) These alternative procedures must ensure Certified DFR-Diesel remains segregated from Non-Certified DFR-Diesel and from Non-DFR- Diesel until it is imported into the United States. The petition will be evaluated based on whether it adequately addresses the following: (i) Provisions for monitoring pipeline shipments, if applicable, from the refinery, that ensure segregation of Certified DFR-Diesel from that refinery from all other diesel fuel; (ii) Contracts with any terminals and/or pipelines that receive and/or transport Certified DFR-Diesel, that prohibit the commingling of Certified DFR-Diesel with any of the following: (A) Other Certified DFR-Diesel from other refineries. (B) All Non-Certified DFR-Diesel. (C) All Non-DFR-Diesel; (iii) Procedures for obtaining and reviewing truck loading records and United States import documents for Certified DFR-Diesel to ensure that such diesel fuel is only loaded into trucks making deliveries to the United States; (iv) Attest procedures to be conducted annually by an independent third party that review loading records and import documents based on volume reconciliation, or other criteria, to confirm that all Certified DFR-Diesel remains segregated throughout the distribution system and is only loaded into trucks for import into the United States. (3) The petition required by this section must be submitted to EPA along with the application for temporary refiner relief individual refinery highway diesel sulfur standard under this subpart I and this section. (q) Withdrawal or suspension of a foreign refinery's temporary refinery flexibility program approval. EPA may withdraw or suspend a diesel refiner temporary compliance option diesel fuel sulfur program approval for a foreign refinery where: (1) A foreign refiner fails to meet any requirement of this section; (2) A foreign government fails to allow EPA inspections as provided in paragraph (i)(1) of this section; (3) A foreign refiner asserts a claim of, or a right to claim, sovereign immunity in an action to enforce the requirements in this subpart; or (4) A foreign refiner fails to pay a civil or criminal penalty that is not satisfied using the foreign refiner bond specified in paragraph (k) of this section. (r) Early use of a foreign refiner baseline. (1) A foreign refiner may begin using an individual refinery baseline before EPA has approved the baseline, provided that: (i) A baseline petition has been submitted as required in paragraph (b) of this section; (ii) EPA has made a provisional finding that the baseline petition is complete; (iii) The foreign refiner has made the commitments required in paragraph (i) of this section; (iv) The persons who will meet the independent third party and independent attest requirements for the foreign refinery have made the commitments required in paragraphs (f)(3)(iii) and (h)(7)(iii) of this section; and (v) The foreign refiner has met the bond requirements of paragraph (k) of this section. (2) In any case where a foreign refiner uses an individual refinery baseline before final approval under paragraph (r)(1) of this section, and the foreign refinery baseline values that ultimately are approved by EPA are more stringent than the early baseline values used by the foreign refiner, the foreign refiner shall recalculate its compliance, ab initio, using the baseline values approved by the EPA, and the foreign refiner shall be liable for any resulting violation of the motor vehicle highway diesel fuel requirements. (s) Additional requirements for petitions, reports and certificates. Any petition for approval to produce motor vehicle diesel fuel subject to the diesel foreign refiner program, any alternative procedures under paragraph (p) of this section, any report or other submission required by paragraph (c), (f)(2), or (i) of this section, and any certification under paragraph (d)(3) of this section shall be: (1) Submitted in accordance with procedures specified by the Administrator, including use of any forms that may be specified by the Administrator. (2) Be signed by the president or owner of the foreign refiner company, or by that person's immediate designee, and shall contain the following declaration: I hereby certify: (1) that I have actual authority to sign on behalf of and to bind [[Page 5159]] [insert name of foreign refiner] with regard to all statements contained herein; (2) that I am aware that the information contained herein is being certified, or submitted to the United States Environmental Protection Agency, under the requirements of 40 CFR Part 80, subpart I, and that the information is material for determining compliance under these regulations; and (3) that I have read and understand the information being certified or submitted, and this information is true, complete and correct to the best of my knowledge and belief after I have taken reasonable and appropriate steps to verify the accuracy thereof. I affirm that I have read and understand the provisions of 40 CFR Part 80, subpart I, including 40 CFR 80.620 apply to [insert name of foreign refiner]. Pursuant to Clean Air Act section 113(c) and Title 18, United States Code, section 1001, the penalty for furnishing false, incomplete or misleading information in this certification or submission is a fine of up to $10,000 U.S., and/or imprisonment for up to five years. PART 86--CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES 11. The authority citation for part 86 continues to read as follows: Authority: 42 U.S.C. 7401-7671q. 12. Section 86.1 is amended by revising paragraph (b)(1) to read as follows: Sec. 86.1 Reference materials. * * * * * (b) * * * (1) ASTM material. The following table sets forth material from the American Society for Testing and Materials that has been incorporated by reference. The first column lists the number and name of the material. The second column lists the section(s) of this part, other than this section, in which the matter is referenced. Copies of these materials may be obtained from American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959. ------------------------------------------------------------------------ Document number and name 40 CFR part 86 reference ------------------------------------------------------------------------ ASTM E29-67 (Reapproved 1980), Standard 86.1105-87. Recommended Practice for Indicating Which Places of Figures Are To Be Considered Significant in Specified Limiting Values. ASTM E29-90, Standard Practice for Using 86.609-84; 86.609-96; Significant Digits in Test Data to Determine 86.609-97; 86.609-98; Conformance with Specifications. 86.1009-84; 86.1009-96; 86.1442; 86.1708-99; 86.1709-99; 86.1710-99; 86.1728-99. ASTM D5186-91, Standard Test Method for 86.113-07; 86.1313-91; Determination of Aromatic Content of Diesel 86.1313-94; 86.1313-98; Fuels by Supercritical Fluid Chromatography. 1313-2007. ASTM D2163-91, Standard Test Method for 86.113-94; 86.1213-94; Analysis of Liquefied Petroleum (LP) Gases 86.1313-94. and Propane Concentrates by Gas Chromatography. ASTM D1945-91, Standard Test Method for 86.113-94; 86.513-94; Analysis of Natural Gas By Gas 86.1213-94; 86.1313-94. Chromatography. ASTM E29-93a, Standard Practice for Using 86.098-15; 86.004-15; Significant Digits in Test Data to Determine 86.007-11; 86.007-15; Conformance with Specifications. 86.1803-01; 86.1823-01; 86.1824-01; 86.1825-01; 86.1837-01. ASTM D2986-95a, (Reapproved 1999) Standard 86.1310-2007. Practice for Evaluation of Air Assay Media by the Monodisperse DOP (Dioctyl Phthalate) Smoke Test. ASTM F1471-93, Standard Test Method for Air 86.1310-2007. Cleaning Performance of a High-Efficiency Particulate Air-Filter System. ------------------------------------------------------------------------ * * * * * 13. Section 86.004-2 is amended by adding in alphabetical order a definition of ``U.S.-directed production'' to read as follows: Sec. 86.004-2 Definitions. * * * * * U.S.-directed production means the engines and/or vehicles (as applicable) produced by a manufacturer for which the manufacturer has reasonable assurance that sale was or will be made to ultimate purchasers in the United States, excluding engines and/or vehicles that are certified to state emission standards different than the emission standards in this part. * * * * * 14. Section 86.004-28 is amended by adding paragraph (i) to read as follows: Sec. 86.004-28 Compliance with emission standards. * * * * * (i) Emission results from heavy-duty engines equipped with exhaust aftertreatment may need to be adjusted to account for regeneration events. This provision only applies for engines equipped with emission controls that are regenerated on an infrequent basis. For the purpose of this paragraph (i), the term ``regeneration'' means an event during which emissions levels change while the aftertreatment performance is being restored by design. Examples of regenerations are increasing exhaust gas temperature to remove sulfur from an adsorber or increasing exhaust gas temperature to oxidize PM in a trap. For the purpose of this paragraph (i), the term ``infrequent'' means having an expected frequency of less than once per transient test cycle. Calculation and use of adjustment factors are described in paragraphs (i)(1) through (i)(5) of this section. (1) Development of adjustment factors. Manufacturers must develop separate pairs of adjustment factors (an upward adjustment factor and a downward adjustment factor) for each pollutant based on measured emission data and observed regeneration frequency. Adjustment factors may be carried-over to subsequent model years or carried-across to other engine families only where the Administrator determines that such carry-over or carry-across is consistent with good engineering judgment. Adjustment factors should generally apply to an entire engine family, but manufacturers may develop separate adjustment factors for different engine configurations within an engine family. All adjustment factors for regeneration are additive. (2) Calculation of adjustment factors. The adjustment factors are calculated from the following parameters: the measured emissions from a test in which the regeneration occurs (EFH), the measured emissions from a test in which the regeneration does not occur (EFL), and the frequency of the regeneration event in terms of fraction of tests during which the regeneration occurs (F). The average emission rate (EFA) is calculated as: EFA = (F)(EFH) + (1 - F)(EFL) (i) The upward adjustment factor (UAF) is calculated as: UAF = EFA - EFL. (ii) The downward adjustment factor (DAF) is calculated as: DAF = EFA - EFH. (3) Use of adjustment factors. Upward adjustment factors are added to [[Page 5160]] measured emission rates for all tests in which the regeneration does not occur. Downward adjustment factors are added to measured emission rates for all tests in which the regeneration occurs. The occurrence of the regeneration must be identified in a manner that is readily apparent during all testing. Where no regeneration is identified, the upward adjustment factor shall be applied. (4) Sample calculation. If EFL is 0.10 g/bhp-hr, EFH is 0.50 g/bhp-hr, and F is 0.1 (i.e., the regeneration occurs once for each ten tests), then: EFA = (0.1)(0.5 g/bhp-hr) + (1.0 - 0.1)(0.1 g/bhp-hr) = 0.14 g/bhp-hr UAF = 0.14 g/bhp-hr - 0.10 g/bhp-hr = 0.04 g/bhp-hr DAF = 0.14 g/bhp-hr - 0.50 g/bhp-hr = -0.36 g/bhp-hr (5) Options. (i) A manufacturer may elect to omit adjustment factors for one or more of its engine families (or configurations) because the effect of the regeneration is small, or because it is not practical to identify when regenerations occur. In these cases, no upward or downward adjustment factor shall be added, and the manufacturer is liable for compliance with the emission standards for all tests, without regard to whether a regeneration occurs. (ii) Upon request by the manufacturer, the Administrator may account for regeneration events differently than is provided in this paragraph (i). However, this option only applies for events that occur extremely infrequently, and which cannot be practically addressed using the adjustment factors described in this paragraph (i). 15. Section 86.004-40 is amended by revising the introductory text to read as follows: Sec. 86.004-40 Heavy-duty engine rebuilding practices. The provisions of this section are applicable to heavy-duty engines subject to model year 2004 or later standards and are applicable to the process of engine rebuilding (or rebuilding a portion of an engine or engine system). The process of engine rebuilding generally includes disassembly, replacement of multiple parts due to wear, and reassembly, and also may include the removal of the engine from the vehicle and other acts associated with rebuilding an engine. Any deviation from the provisions contained in this section is a prohibited act under section 203(a)(3) of the Clean Air Act (42 U.S.C. 7522(a)(3)). * * * * * 16. Section 86.005-10 is amended by revising paragraph (a)(1)(ii)(C) to read as follows: Sec. 86.005-10 Emission standards for 2005 and later model year Otto- cycle heavy-duty engines and vehicles. * * * * * (a) * * * (1) * * * (ii) * * * (C) Idle carbon monoxide. For all Otto-cycle HDEs utilizing aftertreatment technology, and not certified to the onboard diagnostics requirements of Sec. 86.005-17: 0.50 percent of exhaust gas flow at curb idle. * * * * * 17. Section 86.005-17 is amended by revising paragraphs (b) introductory text, (b)(1), (b)(2), (b)(3), (b)(4), (b)(5), and (k) to read as follows: Sec. 86.005-17 On-board diagnostics. * * * * * (b) Malfunction descriptions. The OBD system must detect and identify malfunctions in all monitored emission-related engine systems or components according to the following malfunction definitions as measured and calculated in accordance with test procedures set forth in subpart N of this part (engine-based test procedures) excluding the test procedure referred to as the ``Supplemental emission test; test cycle and procedures'' contained in Sec. 86.1360, and excluding the test procedure referred to as the ``Not-To-Exceed Test Procedure'' contained in Sec. 86.1370, and excluding the test procedure referred to as the ``Load Response Test'' contained in Sec. 86.1380. (1) Catalysts and particulate traps. (i) Otto-cycle. Catalyst deterioration or malfunction before it results in an increase in NMHC (or NOX+NMHC, as applicable) emissions 1.5 times the NMHC (or NOX+NMHC, as applicable) standard or FEL, as compared to the NMHC (or NOX+NMHC, as applicable) emission level measured using a representative 4000 mile catalyst system. (ii) Diesel. (A) If equipped, catalyst deterioration or malfunction before it results in exhaust emissions exceeding 1.5 times the applicable standard or FEL for NOX (or NOX+NMHC, as applicable) or PM. This requirement applies only to reduction catalysts; monitoring of oxidation catalysts is not required. This monitoring need not be done if the manufacturer can demonstrate that deterioration or malfunction of the system will not result in exceedance of the threshold. (B) If equipped with a particulate trap, catastrophic failure of the device must be detected. Any particulate trap whose complete failure results in exhaust emissions exceeding 1.5 times the applicable standard or FEL for NMHC (or NOX+NMHC, as applicable) or PM must be monitored for such catastrophic failure. This monitoring need not be done if the manufacturer can demonstrate that a catastrophic failure of the system will not result in exceedance of the threshold. (2) Engine Misfire. (i) Otto-cycle. Engine misfire resulting in exhaust emissions exceeding 1.5 times the applicable standard or FEL for NMHC, NOX (or NOX+NMHC, as applicable) or CO; and any misfire capable of damaging the catalytic converter. (ii) Diesel. Lack of cylinder combustion must be detected. (3) Oxygen sensors. If equipped, oxygen sensor deterioration or malfunction resulting in exhaust emissions exceeding 1.5 times the applicable standard or FEL for NMHC, NOX (or NOX+NMHC, as applicable) or CO. (4) Evaporative leaks. If equipped, any vapor leak in the evaporative and/or refueling system (excluding the tubing and connections between the purge valve and the intake manifold) greater than or equal in magnitude to a leak caused by a 0.040 inch diameter orifice; an absence of evaporative purge air flow from the complete evaporative emission control system. Where fuel tank capacity is greater than 25 gallons, the Administrator may, following a request from the manufacturer, revise the size of the orifice to the smallest orifice feasible, based on test data, if the most reliable monitoring method available cannot reliably detect a system leak equal to a 0.040 inch diameter orifice. (5) Other emission control systems. Any deterioration or malfunction occurring in an engine system or component directly intended to control emissions, including but not necessarily limited to, the exhaust gas recirculation (EGR) system, if equipped, the secondary air system, if equipped, and the fuel control system, singularly resulting in exhaust emissions exceeding 1.5 times the applicable emission standard or FEL for NMHC, NOX (or NOX+NMHC, as applicable), CO or diesel PM. For engines equipped with a secondary air system, a functional check, as described in paragraph (b)(6) of this section, may satisfy the requirements of this paragraph (b)(5) provided the manufacturer can demonstrate that deterioration of the flow distribution system is unlikely. This demonstration is subject to Administrator approval and, if the demonstration and associated functional check are approved, the diagnostic system must indicate a malfunction when some degree of secondary airflow is not detectable in [[Page 5161]] the exhaust system during the check. For engines equipped with positive crankcase ventilation (PCV), monitoring of the PCV system is not necessary provided the manufacturer can demonstrate to the Administrator's satisfaction that the PCV system is unlikely to fail. * * * * * (k) Phase-in for heavy-duty engines. Manufacturers of heavy-duty engines must comply with the OBD requirements in this section according to the following phase-in schedule, based on the percentage of projected engine sales within each category. The 2004 model year requirements in the following phase-in schedule are applicable only to heavy-duty Otto-cycle engines where the manufacturer has selected Otto- cycle Option 1 or Option 2 for alternative 2004 compliance according to Sec. 86.005-01(c)(1) or (2). The 2005 through 2007 requirements in the following phase-in schedule apply to all heavy-duty engines intended for use in a heavy-duty vehicle weighing 14,000 pounds GVWR or less. Manufacturers may exempt 2005 model year diesel heavy-duty engines from the requirements of this section if the 2005 model year commences before July 31, 2004 from the requirements of this section. Manufacturers may exempt 2005 model year Otto-cycle heavy-duty engines and vehicles from the requirements of this section if the manufacturer has selected Otto-cycle Option 3 and if the 2005 model year commences before July 31, 2004. For the purposes of calculating compliance with the phase-in provisions of this paragraph (k), heavy-duty engines may be combined with heavy-duty vehicles subject to the phase-in requirements of paragraph Sec. 86.1806-05(l). The OBD Compliance phase- in table follows: OBD Compliance Phase-in for Heavy-Duty Engines Intended for Use in a Heavy-Duty Vehicle Weighing 14,000 Pounds GVWR or Less ------------------------------------------------------------------------ Otto-cycle phase-in Diesel Phase-in Model year based on projected based on projected sales sales ------------------------------------------------------------------------ 2004 MY..................... Applicable only to .................... Otto-cycle engines complying with Options 1 or 2; 40% compliance; alternative fuel waivers available. 2005 MY..................... 60% compliance; 50% compliance; alternative fuel alternative fuel waivers available. waivers available. 2006 MY..................... 80% compliance; 50% compliance; alternative fuel alternative fuel waivers available. waivers available. 2007 MY..................... 80% compliance; 100% compliance. alternative fuel waivers available. 2008+ MY.................... 100% compliance..... 100% compliance. ------------------------------------------------------------------------ 18. Section 86.007-11 is amended by revising the introductory text, paragraphs (a) through (a)(2), (a)(3), (a)(4)(i), (b)(3) through (d), and adding paragraphs (a)(4)(iv)(C), (a)(4)(v), (e), (f), (g) and (h) to read as follows: Sec. 86.007-11 Emission standards and supplemental requirements for 2007 and later model year diesel heavy-duty engines and vehicles. This section applies to new 2007 and later model year diesel HDEs. Section 86.007-11 includes text that specifies requirements that differ from Sec. 86.004-11. Where a paragraph in Sec. 86.004-11 is identical and applicable to Sec. 86.007-11, this may be indicated by specifying the corresponding paragraph and the statement ``[Reserved]. For guidance see Sec. 86.004-11.''. (a)(1) Exhaust emissions from new 2007 and later model year diesel HDEs shall not exceed the following: (i) Oxides of Nitrogen (NOX). (A) 0.20 grams per brake horsepower-hour (0.075 grams per megajoule). (B) A manufacturer may elect to include any or all of its diesel HDE families in any or all of the NOX and NOX plus NMHC emissions ABT programs for HDEs, within the restrictions described in Sec. 86.007-15 or Sec. 86.004-15. If the manufacturer elects to include engine families in any of these programs, the NOX FELs may not exceed the following FEL caps: 2.00 grams per brake horsepower-hour (0.75 grams per megajoule) for model years before 2010; 0.50 grams per brake horsepower-hour (0.19 grams per megajoule) for model years 2010 and later. This ceiling value applies whether credits for the family are derived from averaging, banking, or trading programs. (ii)(A) Non-Methane Hydrocarbons (NMHC) for engines fueled with either diesel fuel, natural gas, or liquefied petroleum gas. 0.14 grams per brake horsepower-hour (0.052 grams per megajoule). (B) Non-Methane Hydrocarbon Equivalent (NMHCE) for engines fueled with methanol. 0.14 grams per brake horsepower-hour (0.052 grams per megajoule). (iii) Carbon monoxide. (A) 15.5 grams per brake horsepower-hour (5.77 grams per megajoule). (B) 0.50 percent of exhaust gas flow at curb idle (methanol-, natural gas-, and liquefied petroleum gas-fueled diesel HDEs only). This does not apply for vehicles certified to the requirements of Sec. 86.005-17 (iv) Particulate. (A) 0.01 grams per brake horsepower-hour (0.0037 grams per megajoule). (B) A manufacturer may elect to include any or all of its diesel HDE families in any or all of the particulate ABT programs for HDEs, within the restrictions described in Sec. 86.007-15 or other applicable sections. If the manufacturer elects to include engine families in any of these programs, the particulate FEL may not exceed 0.02 grams per brake horsepower-hour (0.0075 grams per megajoule). (2) The standards set forth in paragraph (a)(1) of this section refer to the exhaust emitted over the operating schedule set forth in paragraph (f)(2) of appendix I to this part, and measured and calculated in accordance with the procedures set forth in subpart N or P of this part, except as noted in Sec. 86.007-23(c)(2). (3) SET (i) The weighted average exhaust emissions, as determined under Sec. 86.1360-2007(e)(5) pertaining to the supplemental emission test cycle, for each regulated pollutant shall not exceed 1.0 times the applicable emission standards or FELs specified in paragraph (a)(1) of this section. (ii) For engines not having a NOX FEL less than1.5 g/ bhp-hr, gaseous exhaust emissions shall not exceed the steady-state interpolated values determined by the Maximum Allowable Emission Limits (for the corresponding speed and load), as determined under Sec. 86.1360-2007(f), when the engine is operated in the steady-state control area defined under Sec. 86.1360-2007(d). (4) NTE (i)(A) The brake-specific exhaust NMHC or NOX emissions in g/bhp-hr, as determined under Sec. 86.1370-2007 pertaining to the not-to-exceed test procedures, shall not exceed 1.5 times the applicable NMHC or NOX emission standards or FELs specified in paragraph (a)(1) of this section, during engine and vehicle operation specified [[Page 5162]] in paragraph (a)(4)(ii) of this section except as noted in paragraph (a)(4)(iii) of this section. (B) For engines not having a NOX FEL less than1.50 g/ bhp-hr, the brake-specific NOX and NMHC exhaust emissions in g/bhp-hr, as determined under Sec. 86.1370-2007 pertaining to the not- to-exceed test procedures, shall not exceed 1.25 times the applicable emission standards or FELs specified in paragraph (a)(1) of this section (or of Sec. 86.004-11, as allowed by paragraph (g) of this section), during engine and vehicle operation specified in paragraph (a)(4)(ii) of this section except as noted in paragraph (a)(4)(iii) of this section. (C) The brake-specific exhaust PM emissions in g/bhp-hr, as determined under Sec. 86.1370-2007 pertaining to the not-to-exceed test procedures, shall not exceed 1.5 times the applicable PM emission standards or FEL (for FELs above the standard only) specified in paragraph (a)(1) of this section, during engine and vehicle operation specified in paragraph (a)(4)(ii) of this section except as noted in paragraph (a)(4)(iii) of this section. (D) The brake-specific exhaust CO emissions in g/bhp-hr, as determined under Sec. 86.1370-2007 pertaining to the not-to-exceed test procedures, shall not exceed 1.25 times the applicable CO emission standards or FEL specified in paragraph (a)(1) of this section, during engine and vehicle operation specified in paragraph (a)(4)(ii) of this section except as noted in paragraph (a)(4)(iii) of this section. * * * * * (iv) * * * (C) For model years 2010 through 2013, the Administrator may allow up to three deficiencies per engine family. The provisions of paragraphs (a)(4)(iv)(A) and (B) of this section apply for deficiencies allowed by this paragraph (a)(4)(iv)(C). In determining whether to allow the additional deficiencies, the Administrator may consider any relevant factors, including the factors identified in paragraph (a)(4)(iv)(A) of this section. If additional deficiencies are approved, the Administrator may set any additional conditions that he/she determines to be appropriate. (v) The emission limits specified in paragraphs (a)(3) and (a)(4) of this section shall be rounded to the same number of significant figures as the applicable standards in paragraph (a)(1) of this section using ASTM E29-93a (Incorporated by reference at Sec. 86.1). * * * * * (b)(3) and (b)(4) [Reserved]. For guidance see Sec. 86.004-11. (c) No crankcase emissions shall be discharged directly into the ambient atmosphere from any new 2007 or later model year diesel HDE, with the following exception: HDEs equipped with turbochargers, pumps, blowers, or superchargers for air induction may discharge crankcase emissions to the ambient atmosphere if the emissions are added to the exhaust emissions (either physically or mathematically) during all emission testing. Manufacturers taking advantage of this exception must manufacture the engines so that all crankcase emission can be routed into a dilution tunnel (or other sampling system approved in advance by the Administrator), and must account for deterioration in crankcase emissions when determining exhaust deterioration factors. For the purpose of this paragraph (c), crankcase emissions that are routed to the exhaust upstream of exhaust aftertreatment during all operation are not considered to be ``discharged directly into the ambient atmosphere.'' (d) Every manufacturer of new motor vehicle engines subject to the standards prescribed in this section shall, prior to taking any of the actions specified in section 203(a)(1) of the Act, test or cause to be tested motor vehicle engines in accordance with applicable procedures in subpart I or N of this part to ascertain that such test engines meet the requirements of paragraphs (a), (b), (c), and (d) of this section. (e) [Reserved]. For guidance see Sec. 86.004-11. (f) (1) Model year 2007 and later diesel-fueled heavy-duty engines and vehicles for sale in Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands shall be subject to the same standards and requirements as apply to 2006 model year diesel heavy-duty engines and vehicles, but only if the vehicle or engine bears a permanently affixed label stating: THIS ENGINE (or VEHICLE, as applicable) CONFORMS TO US EPA EMISSION STANDARDS APPLICABLE TO MODEL YEAR 2006. THIS ENGINE (or VEHICLE, as applicable) DOES NOT CONFORM TO US EPA EMISSION REQUIREMENTS IN EFFECT AT TIME OF PRODUCTION AND MAY NOT BE IMPORTED INTO THE UNITED STATES OR ANY TERRITORY OF THE UNITED STATES EXCEPT GUAM, AMERICAN SAMOA, OR THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS. (2) The importation or sale of such a vehicle or engine for use at any location U.S. other than Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands shall be considered a violation of section 203(a)(1) of the Clean Air Act. In addition, vehicles or vehicle engines subject to this exemption may not subsequently be imported or sold into any state or territory of the United States other than Guam, American Samoa, or Commonwealth of the Northern Mariana Islands. (g) Phase-in options. (1) For model years 2007, 2008, and 2009, manufacturers may certify some of their engine families to the combined NOX plus NMHC standard applicable to model year 2006 engines under Sec. 86.004-11, in lieu of the separate NOX and NMHC standards specified in paragraph (a)(1) of this section. These engines must comply with all other requirements applicable to model year 2007 engines. The combined number of engines in the engine families certified to the 2006 combined NOX plus NMHC standard may not exceed 50 percent of the manufacturer's U.S.-directed production of heavy-duty diesel motor vehicle engines for model year 2007, 2008, or 2009, except as explicitly allowed by this paragraph (g). (2)(i) Manufacturers certifying engines to all of the applicable standards listed in paragraph (a) and (c) of this section (without using credits) prior to model year 2007 may reduce the number of engines that are required to meet the standards listed in paragraph (a) of this section in model year 2007, 2008 and/or 2009, taking into account the phase-in option provided in paragraph (g)(1) of this section. For every two engines that are certified early, the manufacturer may reduce the number of engines that are required by paragraph (g)(1) of this section to meet standards listed in paragraph (a)(1) of this section by three engines. For example, if a manufacturer produces 100 heavy-duty diesel engines in 2006 that meet all of the applicable standards listed in paragraph (a) of this section, and it produced 10,000 heavy-duty diesel engines in 2007, then only 4,850 ((10,000)(0.50) - (100)(1.5)) of the engines would need to comply with the standards listed in paragraph (a) of this section. (ii) Manufacturers certifying engines to the PM standards listed in paragraph (a), and to all of the applicable standards in paragraph (c) of this section (without using credits) prior to model year 2007 may reduce the number of engines that are required to meet the PM standard listed in paragraph (a) of this section in model year 2007, 2008 and/or 2009. For every two engines that are certified to the PM standard early, the manufacturer may reduce the number of engines that are otherwise required to meet the PM [[Page 5163]] standard listed in paragraph (a)(1) of this section by three engines. (3) Manufacturers may initially base compliance with the phase-in requirements of paragraph (g)(1) or (g)(2) of this section on projected U.S.-directed production estimates. This is allowed for model year 2007 and/or 2008. However, if a manufacturer's actual U.S. directed production volume of engines that comply with the model year 2007 NOX and NMHC standards is less than the required amount, the shortfall (in terms of number of engines) must be made up prior to 2010. For example, if a manufacturer plans in good faith to produce 50 percent of its projected 10,000 2007 engines (i.e., 5,000 engines) in compliance with the 2007 NOX and NMHC standard, but is only able to produce 4,500 such engines of an actual 10,000 2007 engines, the manufacturer would need to produce an extra 500 engines in 2008 or 2009 in compliance with the 2007 NOX and NMHC standard. The deficit allowed by this paragraph (g)(3) may not exceed 25 percent of the U.S. directed production volume. (4) Manufacturers certifying engines to a voluntary NOX standard of 0.10 g/bhp-hr (without using credits) in addition to all of the other applicable standards listed in paragraphs (a) and (c) of this section prior to model year 2007 may reduce the number of engines that are required to meet the standards listed in paragraph (a)(1) of this section in model year 2007, 2008 and/or 2009, taking into account the phase-in option provided in paragraph (g)(1) of this section. For every engine that is certified early under this provision, the manufacturer may reduce the number of engines that are required by paragraph (g)(1) of this section to meet the standards listed in paragraph (a)(1) of this section by two engines. (5) For engines certified under paragraph (g)(1) of this section to the NOX+NMHC standard in Sec. 86.004-11, the standards or FELs to which they are certified shall be used for the purposes of paragraphs (a)(3) and (a)(4) of this section. (h)(1) For model years prior to 2012, for purposes of determining compliance after title or custody has transferred to the ultimate purchaser, for engines having a NOX FEL no higher than 1.30 g/bhp-hr, the applicable compliance limit shall be determined by adding the applicable adjustment from paragraph (h)(2) of this section to the otherwise applicable standard or FEL for NOX. (2)(i) For engines with 110,000 or fewer miles, the adjustment is 0.10 g/bhp-hr. (ii) For engines with 110,001 to 185,000 miles, the adjustment is 0.15 g/bhp-hr. (iii) For engines with 185,001 or more miles, the adjustment is 0.20 g/bhp-hr. (3) For model years prior to 2012, for purposes of determining compliance after title or custody has transferred to the ultimate purchaser, the applicable compliance limit shall be determined by adding 0.01 g/bhp-hr to the otherwise applicable standard or FEL for PM. 19. A new Sec. 86.007-is added to Subpart A to read as follows: Sec. 86.007-15 NOX and particulate averaging, trading, and banking for heavy-duty engines. Section 86.007-15 includes text that specifies requirements that differ from Sec. 86.004-15. Where a paragraph in Sec. 86.004-15 is identical and applicable to Sec. 86.007-15, this may be indicated by specifying the corresponding paragraph and the statement ``[Reserved]. For guidance see Sec. 86.004-15.'' (a) through (l) [Reserved]. For guidance see Sec. 86.004-15. (m) The following provisions apply for model year 2007 and later engines (including engines certified during years 2007-2009 under the phase-in provisions of Sec. 86.007-11(g)(1), Sec. 86.005-10(a), or Sec. 86.008-10(f)(1)). These provisions apply instead of the provisions of paragraphs Sec. 86.004-15 (a) through (k) to the extent that they are in conflict. (1) Manufacturers of Otto-cycle engines may participate in an NMHC averaging, banking and trading program to show compliance with the standards specified in Sec. 86.008-10. The generation and use of NMHC credits are subject to the same provisions in paragraphs Sec. 86.004-15 (a) through (k) that apply for NOX plus NMHC credits, except as otherwise specified in this section. (2) Credits are calculated as NOX or NMHC credits for engines certified to separate NOX and NMHC standards. NOX plus NMHC credits (including banked credits and credits that are generated during years 2007-2009 under the phase-in provisions of Sec. 86.007-11(g)(1), Sec. 86.005-10(a), or Sec. 86.008-10(f)(1)) may be used to show compliance with 2007 or later NOX standards ( NOX or NMHC standards for Otto-cycle engines), subject to an 0.8 discount factor (e.g., 100 grams of NOX plus NMHC credits is equivalent to 80 grams of NOX credits). (3) NOX or NMHC (or NOX plus NMHC) credits may be exchanged between heavy-duty Otto-cycle engine families certified to the engine standards of this subpart and heavy-duty Otto- cycle engine families certified to the chassis standards of subpart S of this part, subject to an 0.8 discount factor (e.g., 100 grams of NOX (or NOX plus NMHC) credits generated from engines would be equivalent to 80 grams of NOX credits if they are used in the vehicle program of subpart S, and vice versa). (4) Credits that were previously discounted when they were banked according to paragraph (c) of Sec. 86.004-15, are subject to an additional discount factor of 0.888 instead of the 0.8 discount factor otherwise required by paragraph (m)(2) or (m)(3) of this section. This results in a total discount factor of 0.8 (0.9 x 0.888 = 0.8). (5) For diesel engine families, the combined number of engines certified to FELs higher than 0.50 g/bhp-hr using banked NOX (and/or NOX plus NMHC) credits in any given model year may not exceed 10 percent of the manufacturer's U.S.-directed production of engines in all heavy-duty diesel engine families for that model year. (6) The FEL must be expressed to the same number of decimal places as the standard (generally, one-hundredth of a gram per brake horsepower-hour). For engines certified to standards expressed only one-tenth of a gram per brake horsepower-hour, if the FEL is below 1.0, then add a zero to the standard in the second decimal place and express the FEL to nearest one-hundredth of a gram per brake horsepower-hour. (7) Credits are to be rounded to the nearest one-hundredth of a Megagram using ASTM E29-93a (Incorporated by reference at Sec. 86.1). (8) Credits generated for 2007 and later model year diesel engine families, or generated for 2008 and later model year Otto-cycle engine families are not discounted (except as specified in paragraph (m)(2) or (m)(3) of this section), and do not expire. (9) For the purpose of using or generating credits during a phase- in of new standards, a manufacturer may elect to split an engine family into two subfamilies (e.g., one which uses credits and one which generates credits). The manufacturer must indicate in the application for certification that the engine family is to be split, and may assign the numbers and configurations of engines within the respective subfamilies at any time prior to the submission of the end-of-year report required by Sec. 86.001-23. (i) Manufacturers certifying a split diesel engine family to both the Phase 1 and Phase 2 standards with equally sized subfamilies may exclude the engines within that split family from end-of-year NOX (or NOX+NMHC) ABT calculations, provided that neither [[Page 5164]] subfamily generates credits for use by other engine families, or uses banked credits, or uses averaging credits from other engine families. All of the engines in that split family must be excluded from the phase-in calculations of Sec. 86.007-11(g)(1) (both from the number of engines complying with the standards being phased-in and from the total number of U.S.-directed production engines.) (ii) Manufacturers certifying a split Otto-cycle engine family to both the Phase 1 and Phase 2 standards with equally sized subfamilies may exclude the engines within that split family from end-of-year NOX (or NOX+NMHC) ABT calculations, provided that neither subfamily generates credits for use by other engine families, or uses banked credits, or uses averaging credits from other engine families. All of the engines in that split family must be excluded from the phase-in calculations of Sec. 86.008-10(f)(1) (both from the number of engines complying with the standards being phased-in and from the total number of U.S.-directed production engines.) (iii) Manufacturers certifying a split engine family may label all of the engines within that family with a single NOX or NOX+NMHC FEL. The FEL on the label will apply for all SEA or other compliance testing. (iv) Notwithstanding the provisions of paragraph (m)(9)(iii) of this section, for split families, the NOX FEL shall be used to determine applicability of the provisions of Sec. 86.007- 11(a)(3)(ii), (a)(4)(i)(B), and (h)(1), and Sec. 86.008-10(g). (10) For model years 2007 through 2009, to be consistent with the phase-in provisions of Sec. 86.007-11(g)(1), credits generated from engines in one diesel engine service class (e.g., light-heavy duty diesel engines) may be used for averaging by engines in a different diesel engine service class, provided the credits are calculated for both engine families using the conversion factor and useful life of the engine family using the credits, and the engine family using the credits is certified to the standards listed in Sec. 86.007-11(a)(1). Banked or traded credits may not be used by any engine family in a different service class than the service class of the engine family generating the credits. 20. A new Sec. 86.007-23 is added to Subpart A to read as follows: Sec. 86.007-23 Required data. Section 86.007-23 includes text that specifies requirements that differ from Sec. 86.095-23, Sec. 86.098-23, or Sec. 86.001-23. Where a paragraph in Sec. 86.095-23, Sec. 86.098-23, or Sec. 86.001-23 is identical and applicable to Sec. 86.007-23, this may be indicated by specifying the corresponding paragraph and the statement ``[Reserved]. For guidance see Sec. 86.095-23.'', ``[Reserved]. For guidance see Sec. 86.098-23.'', or ``[Reserved]. For guidance see Sec. 86.001-23.''. (a) through (b)(1) [Reserved]. For guidance see Sec. 86.098-23. (b)(2) [Reserved]. For guidance see Sec. 86.001-23. (b)(3) and (b)(4) [Reserved]. For guidance see Sec. 86.098-23. (c) Emission data.--(1) Certification vehicles. The manufacturer shall submit emission data (including, methane, methanol, formaldehyde, and hydrocarbon equivalent, as applicable) on such vehicles tested in accordance with applicable test procedures and in such numbers as specified. These data shall include zero-mile data, if generated, and emission data generated for certification as required under Sec. 86.000-26(a)(3). In lieu of providing emission data the Administrator may, on request of the manufacturer, allow the manufacturer to demonstrate (on the basis of previous emission tests, development tests, or other information) that the engine will conform with certain applicable emission standards of this part. Standards eligible for such manufacturer requests are those for idle CO emissions, smoke emissions, or particulate emissions from methanol- fueled or gaseous-fueled diesel-cycle certification vehicles, those for particulate emissions from Otto-cycle certification vehicles or gaseous-fueled vehicles, and those for formaldehyde emissions from petroleum-fueled vehicles. Also eligible for such requests are standards for total hydrocarbon emissions from model year 1994 and later certification vehicles. By separate request, including appropriate supporting test data, the manufacturer may request that the Administrator also waive the requirement to measure particulate or formaldehyde emissions when conducting Selective Enforcement Audit testing of Otto-cycle vehicles. (2) Certification engines. The manufacturer shall submit emission data on such engines tested in accordance with applicable emission test procedures of this subpart and in such numbers as specified. These data shall include zero-hour data, if generated, and emission data generated for certification as required under Sec. 86.000-26(c)(4). In lieu of providing emission data on idle CO emissions or particulate emissions from methanol-fueled or gaseous-fueled diesel-cycle certification engines, on particulate emissions from Otto-cycle engines, or on CO emissions from diesel-cycle certification engines, the Administrator may, on request of the manufacturer, allow the manufacturer to demonstrate (on the basis of previous emission tests, development tests, or other information) that the engine will conform with the applicable emission standards of this part. In lieu of providing emission data on smoke emissions from methanol-fueled or petroleum- fueled diesel certification engines, the Administrator may, on the request of the manufacturer, allow the manufacturer to demonstrate (on the basis of previous emission tests, development tests, or other information) that the engine will conform with the applicable emissions standards of this part. In lieu of providing emissions data on smoke emissions from diesel-cycle engines when conducting Selective Enforcement Audit testing under subpart K of this part, the Administrator may, on separate request of the manufacturer, allow the manufacturer to demonstrate (on the basis of previous emission tests, development tests, or other information) that the engine will conform with the applicable smoke emissions standards of this part . (d) through (e)(1) [Reserved]. For guidance see Sec. 86.098-23. (e)(2) and (e)(3) [Reserved]. For guidance see Sec. 86.001-23. (f) through (g) [Reserved]. For guidance see Sec. 86.095-23. (h) through (k) [Reserved]. For guidance see Sec. 86.098-23. (l) [Reserved]. For guidance see Sec. 86.095-23. (m) [Reserved]. For guidance see Sec. 86.098-23. 21. A new Sec. 86.007-25 is added to Subpart A to read as follows: Sec. 86.007-25 Maintenance. Section 86.007-25 includes text that specifies requirements that differ from Sec. 86.094-25, Sec. 86.098-25, or Sec. 86.004-25. Where a paragraph in Sec. 86.094-25, Sec. 86.098-25, or Sec. 86.004-25 is identical and applicable to Sec. 86.007-25, this may be indicated by specifying the corresponding paragraph and the statement ``[Reserved]. For guidance see Sec. 86.094-25.'', ``[Reserved]. For guidance see Sec. 86.098-25.'', or ``[Reserved]. For guidance see Sec. 86.004-25.''. (a) through (a)(2) [Reserved]. For guidance see Sec. 86.004-25. (b) introductory text through (b)(3)(ii) [Reserved]. For guidance see Sec. 86.094-25. (b)(3)(iii) through (b)(3)(v)(H) [Reserved]. For guidance see Sec. 86.004-25. [[Page 5165]] (b)(3)(vi)(A) through (b)(3)(vi)(D) [Reserved]. For guidance see Sec. 86.094-25. (b)(3)(vi)(E) through (b)(3)(vi)(J) [Reserved]. For guidance see Sec. 86.098-25. (b)(4) introductory text through (b)(4)(iii)(C) [Reserved]. For guidance see Sec. 86.004-25. (b)(4)(iii)(D) Particulate trap or trap oxidizer systems including related components (adjustment and cleaning only for filter element, replacement of the filter element is not allowed during the useful life). (b)(4)(iii)(E) [Reserved]. For guidance see Sec. 86.004-25. (F) Catalytic converter (adjustment and cleaning only for catalyst beds, replacement of the bed is not allowed during the useful life). (b)(4)(iii)(G) through (b)(6) [Reserved]. For guidance see Sec. 86.004-25. (b)(7) through (h) [Reserved]. For guidance see Sec. 86.094-25. (i) Notwithstanding the provisions of Sec. 86.004-25(b)(4)(iii) introductory text through (b)(4)(iii)(C), paragraph (b)(4)(iii)(D) of this section, Sec. 86.004-25(b)(4)(iii)(E), paragraph (b)(4)(iii)(F) of this section, Sec. 86.004-25(b)(4)(iii)(G), and Sec. 86.004-25(b)(6), manufacturers of heavy-duty engines may schedule replacement or repair of particulate trap (or trap oxidizer) systems or catalytic converters (including NOX adsorbers), provided: (1) The manufacturer demonstrates to the Administrator's satisfaction that the repair or replacement will be performed according to the schedule; and (2) The manufacturer pays for the repair or replacement. 22. A new Sec. 86.007-35 is added to Subpart A to read as follows: Sec. 86.007-35 Labeling. Section 86.007-35 includes text that specifies requirements that differ from Sec. 86.095-35. Where a paragraph in Sec. 86.095-35 is identical and applicable to Sec. 86.007-35, this may be indicated by specifying the corresponding paragraph and the statement ``[Reserved]. For guidance see Sec. 86.095-35.''. (a) Introductory text through (a)(1)(iii)(L) [Reserved]. For guidance see Sec. 86.095-35. (a)(1)(iii)(M) [Reserved.] (a)(1)(iii)(N)(1) For vehicles exempted from compliance with certain revised performance warranty procedures, as specified in Sec. 86.096-21(j), a statement indicating the specific performance warranty test(s) of 40 CFR part 85, subpart W, not to be performed. (2) For vehicles exempted from compliance with all revised performance warranty procedures, as specified in Sec. 86.096-21(k), a statement indicating: (i) That none of the performance warranty tests of 40 CFR part 85, subpart W, is to be performed; and (ii) The name of the Administrator-approved alternative test procedure to be performed. (2) Light-duty truck and heavy-duty vehicles optionally certified in accordance with the light-duty truck provisions. (i) A legible, permanent label shall be affixed in a readily visible position in the engine compartment. (ii) The label shall be affixed by the vehicle manufacturer who has been issued the certificate of conformity for such vehicle, in such a manner that it cannot be removed without destroying or defacing the label. The label shall not be affixed to any equipment which is easily detached from such vehicle. (iii) The label shall contain the following information lettered in the English language in block letters and numerals, which shall be of a color that contrasts with the background of the label: (A) The label heading: Important Vehicle Information; (B) Full corporate name and trademark of the manufacturer; (C) Engine displacement (in cubic inches or liters), engine family identification, and evaporative/refueling family; (a)(2)(iii)(D) through (a)(2)(iii)(E) [Reserved]. For guidance see Sec. 86.095-35. (a)(2)(iii)(F) [Reserved] (a)(2)(iii)(G) through (a)(2)(iii)(K) [Reserved]. For guidance see Sec. 86.095-35. (a)(2)(iii)(L) [Reserved] (a)(2)(iii)(M) through (a)(2)(iii)(N) [Reserved]. For guidance see Sec. 86.095-35. (a)(2)(iii)(O)(l) For vehicles exempted from compliance with certain revised performance warranty procedures, as specified in Sec. 86.096-21(j), a statement indicating the specific performance warranty test(s) of 40 CFR part 85, subpart W, not to be performed. (2) For vehicles exempted from compliance with all revised performance warranty procedures, as specified in Sec. 86.096-21(k), a statement indicating: (i) That none of the performance warranty tests of 40 CFR part 85, subpart W, is to be performed, and (ii) The name of the Administrator-approved alternative test procedure to be performed. (a)(3) heading through (b) [Reserved]. For guidance see Sec. 86.095-35. (c) Model year 2007 and later diesel-fueled vehicles must include permanent readily visible labels on the dashboard (or instrument panel) and near all fuel inlets that state ``Use Low-Sulfur Diesel Fuel Only'' or ``Low-Sulfur Diesel Fuel Only''. (d) through (i) [Reserved]. For guidance see Sec. 86.095-35. 23. A new Sec. 86.007-38 is added to Subpart A to read as follows: Sec. 86.007-38 Maintenance instructions. Section 86.007-38 includes text that specifies requirements that differ from those specified in Sec. 86.094-38 or Sec. 86.004-38. Where a paragraph in Sec. 86.094-38 or Sec. 86.004-38 is identical and applicable to Sec. 86.007-38, this may be indicated by specifying the corresponding paragraph and the statement ``[Reserved]. For guidance see Sec. 86.094-38.'', or ``[Reserved]. For guidance see Sec. 86.004- 38.''. (a) through (f) [Reserved]. For guidance see Sec. 86.004-38. (g) [Reserved]. For guidance see Sec. 86.094-38. (h) [Reserved]. For guidance see Sec. 86.004-38. (i) For each new diesel-fueled engine subject to the standards prescribed in Sec. 86.007-11, as applicable, the manufacturer shall furnish or cause to be furnished to the ultimate purchaser a statement that ``This engine must be operated only with low sulfur diesel fuel (that is, diesel fuel meeting EPA specifications for highway diesel fuel, including a 15 ppm sulfur cap).'' 24. A new Sec. 86.008-10 is added to subpart A to read as follows: Sec. 86.008-10 Emission standards for 2008 and later model year Otto- cycle heavy-duty engines and vehicles. Section 86.008-10 includes text that specifies requirements that differ from Sec. 86.099-10. Where a paragraph in Sec. 86.099-10 is identical and applicable to Sec. 86.008-10, this may be indicated by specifying the corresponding paragraph and the statement ``[Reserved]. For guidance see Sec. 86.099-10.''. (a)(1) Exhaust emissions from new 2008 and later model year Otto- cycle HDEs shall not exceed: (i)(A) Oxides of Nitrogen (NOX). 0.20 grams per brake horsepower-hour (0.075 grams per megajoule). (B) A manufacturer may elect to include any or all of its Otto- cycle HDE families in any or all of the NOX and NOX plus NMHC emissions ABT programs for HDEs, within the restrictions described in Sec. 86.008-15 or Sec. 86.004-15. If the manufacturer elects to include engine families in any of these programs, the NOX FEL may not exceed 0.50 grams per brake horsepower-hour (0.26 grams per [[Page 5166]] megajoule). This ceiling value applies whether credits for the family are derived from averaging, banking, or trading programs. The NOX FEL cap is 0.80 for model years before 2011 for manufacturers choosing to certify to the 1.5 g/bhp-hr NOX+NMHC standard in 2003 or 2004, in accordance with Sec. 86.005-10(f). (ii)(A) Non-methane Hydrocarbons (NMHC) for engines fueled with either gasoline, natural gas, or liquefied petroleum gas. 0.14 grams per brake horsepower-hour (0.052grams per megajoule). (B) Non-methane Hydrocarbon Equivalent (NMHCE) for engines fueled with methanol. 0.14 grams per brake horsepower-hour (0.052grams per megajoule). (C) A manufacturer may elect to include any or all of its Otto- cycle HDE families in any or all of the NMHC emissions ABT programs for HDEs, within the restrictions described in Sec. 86.008-15 or Sec. 86.004-15. If the manufacturer elects to include engine families in any of these programs, the NMHC FEL may not exceed 0.30 grams per brake horsepower-hour. This ceiling value applies whether credits for the family are derived from averaging, banking, or trading programs. The NMHC FEL cap is 0.40 for model years before 2011 for manufacturers choosing to certify to the 1.5 g/bhp-hr NOX+NMHC in 2004, as allowed in Sec. 86.005-10. (iii)(A) Carbon monoxide. 14.4 grams per brake horsepower-hour (5.36 grams per megajoule). (B) Idle Carbon Monoxide. For all Otto-cycle HDEs utilizing aftertreatment technology, and not certified to the onboard diagnostics requirements of Sec. 86.005-17: 0.50 percent of exhaust gas flow at curb idle. (iv) Particulate. 0.01grams per brake horsepower-hour (0.0037grams per megajoule). (2) The standards set forth in paragraph (a)(1) of this section refer to the exhaust emitted over the operating schedule set forth in paragraph (f)(1) of appendix I to this part, and measured and calculated in accordance with the procedures set forth in subpart N or P of this part. (3) [Reserved] (4) [Reserved] (b) Evaporative emissions from heavy-duty vehicles shall not exceed the following standards. The standards apply equally to certification and in-use vehicles. The spitback standard also applies to newly assembled vehicles. For certification vehicles only, manufacturers may conduct testing to quantify a level of nonfuel background emissions for an individual test vehicle. Such a demonstration must include a description of the source(s) of emissions and an estimated decay rate. The demonstrated level of nonfuel background emissions may be subtracted from emission test results from certification vehicles if approved in advance by the Administrator. (1) Hydrocarbons (for vehicles equipped with gasoline-fueled, natural gas-fueled or liquefied petroleum gas-fueled engines). (i) For vehicles with a Gross Vehicle Weight Rating of up to 14,000 lbs: (A)(1) For the full three-diurnal test sequence described in Sec. 86.1230-96, diurnal plus hot soak measurements: 1.4 grams per test. (2) For the supplemental two-diurnal test sequence described in Sec. 86.1230-96, diurnal plus hot soak measurements (gasoline-fueled vehicles only): 1.75 grams per test. (B) Running loss test (gasoline-fueled vehicles only): 0.05 grams per mile. (C) Fuel dispensing spitback test (gasoline-fueled vehicles only): 1.0 grams per test. (ii) For vehicles with a Gross Vehicle Weight Rating of greater than 14,000 lbs: (A)(1) For the full three-diurnal test sequence described in Sec. 86.1230-96, diurnal plus hot soak measurements: 1.9 grams per test. (2) For the supplemental two-diurnal test sequence described in Sec. 86.1230-96, diurnal plus hot soak measurements (gasoline-fueled vehicles only): 2.3 grams per test. (B) Running loss test (gasoline-fueled vehicles only): 0.05 grams per mile. (2) Total Hydrocarbon Equivalent (for vehicles equipped with methanol-fueled engines). (i) For vehicles with a Gross Vehicle Weight Rating of up to 14,000 lbs: (A)(1) For the full three-diurnal test sequence described in Sec. 86.1230-96, diurnal plus hot soak measurements: 1.4 grams carbon per test. (2) For the supplemental two-diurnal test sequence described in Sec. 86.1230-96, diurnal plus hot soak measurements: 1.75 grams carbon per test. (B) Running loss test: 0.05 grams carbon per mile. (C) Fuel dispensing spitback test: 1.0 grams carbon per test. (ii) For vehicles with a Gross Vehicle Weight Rating of greater than 14,000 lbs: (A)(1) For the full three-diurnal test sequence described in Sec. 86.1230-96, diurnal plus hot soak measurements: 1.9 grams carbon per test. (2) For the supplemental two-diurnal test sequence described in Sec. 86.1230-96, diurnal plus hot soak measurements: 2.3 grams carbon per test. (B) Running loss test: 0.05 grams carbon per mile. (3)(i) For vehicles with a Gross Vehicle Weight Rating of up to 26,000 lbs, the standards set forth in paragraphs (b)(1) and (b)(2) of this section refer to a composite sample of evaporative emissions collected under the conditions and measured in accordance with the procedures set forth in subpart M of this part. (ii) For vehicles with a Gross Vehicle Weight Rating of greater than 26,000 lbs., the standards set forth in paragraphs (b)(1)(ii) and (b)(2)(ii) of this section refer to the manufacturer's engineering design evaluation using good engineering practice (a statement of which is required in Sec. 86.098-23(b)(4)(ii)). (4) All fuel vapor generated in a gasoline- or methanol-fueled heavy-duty vehicle during in-use operations shall be routed exclusively to the evaporative control system (e.g., either canister or engine purge). The only exception to this requirement shall be for emergencies. (c) No crankcase emissions shall be discharged into the ambient atmosphere from any new 2008 or later model year Otto-cycle HDE. (d) Every manufacturer of new motor vehicle engines subject to the standards prescribed in this section shall, prior to taking any of the actions specified in section 203(a)(1) of the Act, test or cause to be tested motor vehicle engines in accordance with applicable procedures in subpart N or P of this part to ascertain that such test engines meet the requirements of this section. (e) [Reserved]. For guidance see Sec. 86.099-10. (f) Phase-in options. (1)(i) For model year 2008, manufacturers may certify some of their engine families to the exhaust standards applicable to model year 2007 engines under Sec. 86.005-10, in lieu of the exhaust standards specified in this section. These engines must comply with all other requirements applicable to model year 2008 engines, except as allowed by paragraph (f)(1)(ii) of this section. The combined number of engines in the engine families certified to the 2007 combined NOX plus NMHC standard may not exceed 50 percent of the manufacturer's U.S.-directed production of heavy-duty Otto-cycle motor vehicle engines for model year 2008, except as explicitly allowed by paragraph (f)(2) of this section. (ii) For model year 2008, manufacturers may certify some of their engine families to the evaporative standards applicable to model year 2007 engines under Sec. 86.005-10, in lieu of the standards specified in this section. [[Page 5167]] These engines must comply with all other requirements applicable to model year 2008 engines, except as allowed by paragraph (f)(1)(i) of this section. The combined number of engines in the engine families certified to the 2007 standards may not exceed 50 percent of the manufacturer's U.S.-directed production of heavy-duty Otto-cycle motor vehicle engines for model year 2008. (2)(i) Manufacturers certifying engines to all of the applicable exhaust standards listed in paragraph (a) of this section prior to model year 2008 (without using credits) may reduce the number of engines that are required to meet the NOX and NMHC exhaust standards listed in paragraph (a) of this section in model year 2008 and/or 2009, taking into account the phase-in option provided in paragraph (f)(1) of this section. For every engine that is certified early, the manufacturer may reduce the number of engines that are required by paragraph (f)(1) of this section to meet the NOX and NMHC standards listed in paragraph (a) of this section by one engine. For example, if a manufacturer produces 100 heavy-duty Otto- cycle engines in 2007 that meet all of the applicable standards listed in paragraph (a) of this section, and it produced 10,000 heavy-duty Otto-cycle engines in 2009, then only 9,900 of the engines would need to comply with the NOX and NMHC standards listed in paragraph (a) of this section. (ii) Manufacturers certifying engines to all of the applicable evaporative standards listed in paragraph (b) of this section prior to model year 2008 may reduce the number of engines that are required to meet the evaporative standards listed in paragraph (a) of this section in model year 2008 and/or 2009, taking into account the phase-in option provided in paragraph (f)(1) of this section. For every engine that is certified early, the manufacturer may reduce the number of engines that are required by paragraph (f)(1) of this section to meet evaporative standards listed in paragraph (b) of this section by one engine. (3) Manufacturers certifying engines to a voluntary NOX standard of 0.10 g/bhp-hr (without using credits) in addition to all of the applicable standards listed in paragraphs (a) and (b) of this section prior to model year 2008 may reduce the number of engines that are required to meet the NOX and NMHC standards listed in paragraph (a) of this section in model year 2008 and/or 2009, taking into account the phase-in option provided in paragraph (f)(1) of this section. For such every engine that is certified early, the manufacturer may reduce the number of engines that are required by paragraph (f)(1) of this section to meet the NOX and NMHC standards listed in paragraph (a) of this section by two engines. (g) For model years prior to 2012, for purposes of determining compliance after title or custody has transferred to the ultimate purchaser, for engines having a NOX FEL no higher than 0.50 g/bhp-hr, the applicable compliance limits for NOX and NMHC shall be determined by adding 0.10 g/bhp-hr to the otherwise applicable standards or FELs for NOX and NMHC. 25. A new Sec. 86.113-07 is added to subpart B to read as follows: Sec. 86.113-07 Fuel specifications. Section 86.113-07 includes text that specifies requirements that differ from Sec. 86.113-94 or Sec. 86.113-04. Where a paragraph in Sec. 86.113-94 or Sec. 86.113-04 is identical and applicable to Sec. 86.113-07, this may be indicated by specifying the corresponding paragraph and the statement ``[Reserved]. For guidance see Sec. 86.113- 94.'' or ``[Reserved]. For guidance see Sec. 86.113-04.''. (a) [Reserved]. For guidance see Sec. 86.113-04. (b)(1) [Reserved]. For guidance see Sec. 86.113-94. (b)(2) Petroleum fuel for diesel vehicles meeting the following specifications, or substantially equivalent specifications approved by the Administrator, must be used in exhaust emissions testing. The grade of petroleum diesel fuel recommended by the engine manufacturer, commercially designated as ``Type 2-D'' grade diesel, must be used: ---------------------------------------------------------------------------------------------------------------- Item ASTM test method No. Type 2-D ---------------------------------------------------------------------------------------------------------------- (i) Cetane Number................................................. D613...................... 40-50 (ii) Cetane Index................................................. D976...................... 40-50 (iii) Distillation range: (A) IBP.......................... deg.F..................... D86....................... 340-400 ( deg.C)................... .......................... (171.1-204.4) (B) 10 pct. point................ deg.F..................... D86....................... 400-460 ( deg.C)................... .......................... (204.4-237.8) (C) 50 pct. point................ deg.F..................... D86....................... 470-540 ( deg.C)................... .......................... (243.3-282.2) (D) 90 pct. point................ deg.F..................... D86....................... 560-630 ( deg.C)................... .......................... (293.3-332.2) (E) EP........................... deg.F..................... D86....................... 610-690 ( deg.C)................... .......................... (321.1-365.6) (iv) Gravity......................... deg.API................... D287...................... 32-37 (v) Total sulfur..................... ppm........................ D2622..................... 7-15 (vi) Hydrocarbon composition: (A) Aromatics, minimum (Remainder pct........................ D5186..................... 27 shall be paraffins, naphthenes, and olefins). (vii) Flashpoint, min................ deg.F..................... D93....................... 130 ( deg.C)................... .......................... (54.4) (viii) Viscosity..................... centistokes................ D445...................... 2.0-3.2 ---------------------------------------------------------------------------------------------------------------- (3) Petroleum fuel for diesel vehicles meeting the following specifications, or substantially equivalent specifications approved by the Administrator, shall be used in service accumulation. The grade of petroleum diesel fuel recommended by the engine manufacturer, commercially designated as ``Type 2-D'' grade diesel fuel, shall be used: (b)(4) through (g) [Reserved]. For guidance see Sec. 86.113-94. ---------------------------------------------------------------------------------------------------------------- Item ASTM test method No. Type 2-D ---------------------------------------------------------------------------------------------------------------- (i) Cetane Number................................................. D613...................... 38-58 [[Page 5168]] (ii) Cetane Index................................................. D976...................... min. 40 (iii) Distillation range: 90 pct. point.................... deg.F..................... D86....................... 540-630 (iv) Gravity......................... deg.API................... D287...................... 30-39 (v) Total sulfur..................... ppm........................ D2622..................... 7-15 (vi) Flashpoint, min................. deg.F..................... D93....................... 130 ( deg.C)................... .......................... (54.4) (vii) Viscosity...................... centistokes................ D445...................... 1.5-4.5 ---------------------------------------------------------------------------------------------------------------- (h)(1) For model year 2004 through 2006 Tier 2 diesel-fueled vehicles that incorporate sulfur-sensitive technologies, the manufacturer may test the vehicle using a test fuel meeting the specifications listed in paragraphs (b)(2) and (b)(3) of this section, provided the manufacturer clearly recommends to the ultimate purchaser in the owner's manual that the vehicle should use fuel with no higher than 15 ppm sulfur. (2) For model year 2004 through 2006 Tier 2 diesel-fueled vehicles that incorporate sulfur-sensitive technologies and that are certified for 50-state sale (i.e., certified to California and EPA standards), the manufacturer may test the vehicle using a test fuel whose qualities, on a specification by specification basis, meet the requirements of either the specifications listed in paragraph (b)(2) of this section or the California test fuel specifications, provided the manufacturer clearly recommends to the ultimate purchaser in the owner's manual that the vehicle should use fuel with no higher than 15 ppm sulfur. (3) Where a manufacturer uses a test fuel under paragraph (h)(1) or (h)(2) of this section, EPA shall use the same fuel for its compliance testing. 26. A new Sec. 86.1213-04 is added to Subpart M to read as follows: Sec. 86.1213-04 Fuel specifications. The test fuels listed in Sec. 86.1313-04 shall be used for evaporative emission testing. 27. A new Sec. 86.1306-07 is added to subpart N to read as follows: Sec. 86.1306-07 Equipment required and specifications; overview. Section 86.1306-07 includes text that specifies requirements that differ from Sec. 86.1306-96. Where a paragraph in Sec. 86.1306-96 is identical and applicable to Sec. 86.1306-07, this may be indicated by specifying the corresponding paragraph and the statement ``[Reserved]. For guidance see Sec. 86.1306-96.''. (a) and (b) [Reserved]. For guidance see Sec. 86.1306-96. (c)(1) Upon request, the Administrator may allow a manufacturer to use some of the test equipment allowed for model year 2006 and earlier engines instead of the test equipment required for model year 2007 and later engines, provided that good engineering judgment indicates that it would not adversely affect determination of compliance with the applicable emission standards of this part. (2) A manufacturer may use the test equipment required for model year 2007 and later engines for earlier model year engines, provided that good engineering judgment indicates that it would not adversely affect determination of compliance with the applicable emission standards of this part. (d) Approval of alternate test system. (1) If on the basis of the information described in paragraph (d)(5) of this section, the Administrator determines that an alternate test system would consistently and reliably produce emission test results that are at least equivalent to the results produced using the test systems described in this subpart, he/she shall approve the alternate system for optional use instead of the test systems described in this subpart. (2) Any person may submit an application for approval of an alternate test system. (3) In approving an alternate test system, the Administrator may approve it for general use, or may approve it conditionally. (4) The Administrator may revoke the approval on the basis of new information that indicates that the alternate test system is not equivalent. However, revocation of approval must allow manufacturers sufficient lead-time to change the test system to an approved system. In determining the amount of lead-time that is required, the Administrator will consider relevant factors such as: (i) The ease with which the test system can be converted to an approved system. (ii) The degree to which the alternate system affects the measured emission rates. (iii) Any relevant conditions included in the approval. (5) The application for approval must include: (i) An explanation of the theoretical basis of the alternate system. This technical description should explain why the detection principle of the alternate system would provide equivalent results to the detection principle of the prescribed system for the full range of emission properties being measured. This description may include equations, figures, and references. For example, a NOX measurement application should theoretically relate the alternate detection principle to the chemiluminescent detection principle of detecting nitric oxide for a typical range of NO to NO2 ratios. A PM measurement application should explain the principle(s) by which the alternate system quantifies PM mass independent of PM composition, and how it is impacted by semi-volatile and volatile species= phase distributions. For any proportioning or integrating system, the application should compare the alternate system's theoretical response to the prescribed system's response. (ii) A technical description of the alternate system. This section shall detail all of the hardware and software included in the alternate system. Dimensioned drawings, flow-charts, schematics, and component specifications shall be included. Any data manipulation (i.e. calculations) that the system performs shall be presented in this section. (iii) A description of the procedures used to operate the system including the level of training that an operator must have to achieve acceptable results. This section of the application shall describe all of the installation, calibration, operation, and maintenance procedures in a step-by-step format. Note that empirical calibration with respect to another prescribed or approved measurement system is not acceptable. Calibration should be performed with NIST traceable standards, or equivalent national standards. Diagrams, schematics, and other graphics may be used to enhance the description. [[Page 5169]] (iv) A comparison of results from the alternate system and from the prescribed system (or other system approved by the Administrator). The two systems must be calibrated independently to NIST traceable standards or equivalent national standards for this comparison. While other statistical analyses may be acceptable, it is recommended that the comparison be based on a minimum of 7 collocated and simultaneous tests. This comparison shall be performed over the ``hot-start'' portion of the FTP test cycle. If the comparison is paired, it must demonstrate that the alternate system passes a two-sided, paired t-test described in this paragraph. If the test is unpaired, it must demonstrate that the alternate system passes a two-sided, unpaired t- test described in this paragraph. Other statistical criteria may be set by the Administrator. The average of these tests for the reference system must return results less than or equal to the applicable emissions standard. The t-test is performed as follows, where ``n'' equals the number of tests: (A) Calculate the average of the alternate system results; this is Aavg. (B) Calculate the average of the results of the system to which the alternate system was referenced; this is Ravg. (C) For an unpaired comparison, calculate the ``n-1'' standard deviation for the alternate and reference averages; these are Asd and Rsd respectively. Asd must be less than or equal to Rsd. If Asd is greater than Rsd, the Administrator will not approve the application. (D) For an unpaired comparison, calculate the t-value: tunpaired = (Aavg-Ravg)/ ((Asd\2\+Rsd\2\)/n)\1/2\ (E) For a paired comparison, calculate the ``n-1'' standard deviation (squared) of the differences, di, between the paired results, where ``i'' represents the i\th\ test of n number of tests: SD\2\ = (Sdi\2\- ((Sdi)\2\/n))/ (n-1) (F)(1) For a paired comparison, calculate the t-value: tpaired = (Aavg-Ravg)/ (SD\2\/n)\1/2\ (2) The absolute value of t must be less than the critical t value, tcrit at a 90% confidence interval for ``n-1'' degrees of freedom. The following table lists 90% confidence interval tcrit values for n-1 degrees of freedom: ------------------------------------------------------------------------ 90% Confidence interval critical t values vs. n-1 degrees of freedom for a two-sided, paired t-test ------------------------------------------------------------------------- n -1 tcrit ------------------------------------------------------------------------ 6.......................................................... 1.94 7.......................................................... 1.89 8.......................................................... 1.86 9.......................................................... 1.83 10......................................................... 1.81 11......................................................... 1.80 12......................................................... 1.78 13......................................................... 1.77 14......................................................... 1.76 15......................................................... 1.75 16......................................................... 1.75 17......................................................... 1.74 18......................................................... 1.73 19......................................................... 1.73 20......................................................... 1.72 ------------------------------------------------------------------------ 28. Section 86.1309-90 is amended by revising the section heading and paragraph (a)(1) to read as follows: Sec. 86.1309-90 Exhaust gas sampling system; Otto-cycle and non- petroleum-fueled engines. (a)(1) General. The exhaust gas sampling system described in this paragraph is designed to measure the true mass of gaseous emissions in the exhaust of either gasoline-fueled, natural gas-fueled, liquefied petroleum gas-fueled or methanol-fueled engines. In the CVS concept of measuring mass emissions, two conditions must be satisfied; the total volume of the mixture of exhaust and dilution air must be measured, and a continuously proportioned volume of sample must be collected for analysis. Mass emissions are determined from the sample concentration and total flow over the test period. * * * * * 29. A new section 86.1310-07 is added to Subpart N to read as follows: Sec. 86.1310-2007 Exhaust gas sampling and analytical system for gaseous emissions from heavy-duty diesel-fueled engines and particulate emissions from all engines. (a) General. The exhaust gas sampling system described in this paragraph is designed to measure the true mass of both gaseous and particulate emissions in the exhaust of heavy-duty diesel engines, and particulate emissions in the exhaust of all heavy-duty engines. (Gaseous emissions from non-petroleum-fueled diesel engines are measured using the system described in Sec. 86.1309.) This system utilizes the CVS concept (described in Sec. 86.1309) of measuring the combined mass emissions of THC, NOX, CH4 (if applicable) CO, CO2 and particulate matter. For all emission measurement systems described in this section, multiple or redundant systems may be used during a single test. Statistical averages of data from multiple systems may be used to calculate test results, consistent with good engineering judgment. Weighted averages are allowed, where appropriate Statistical outliers may be discarded, but all results must be reported. If the Administrator determines that the statistical analysis is not consistent with good engineering judgment, he/she may determine compliance from the arithmetic mean of the results. A continuously integrated system may be used for THC, NOX , CO and CO2 measurement. The use of proportional bag sampling for sample integration is allowed for THC, NOX, CO, and CO2 measurement, but requirements specific to bag sampling from diesel exhaust must be met for the THC and NOX emissions measurements. CH4 measurement for calculation of NMHC (if applicable) is measured using GC-FID analysis of a proportional bag sample. The mass of gaseous emissions is determined from the sample concentration and total flow over the test period. The mass of particulate emissions is determined from a proportional mass sample collected on a filter and from the sample flow and total flow over the test period. As an option, the measurement of total fuel mass consumed over a cycle may be substituted for the exhaust measurement of CO2. General requirements are as follows: (1) This sampling system requires the use of a CVS The CVS system may use a PDP or a CFV. PDP systems must use a heat exchanger. CFV systems may use either a heat exchanger or electronic flow compensation. When electronic flow compensation is used, the CFV may be replaced by a subsonic venturi (SSV) as long as the CVS concept as defined in Sec. 86.1309 is maintained (i.e., a constant volumetric flow-rate through the CVS is maintained for the duration of the test). Figure N07-1 is a schematic drawing of the CVS system. (2) The THC analytical system for diesel engines requires a heated flame ionization detector (HFID) and heated sample system (191 11 deg.C) using either: (i) Continuously integrated measurement of diluted THC meeting the minimum requirements and technical specifications contained in paragraph (b)(3) of this section. Unless compensation for varying mass flow is made, a constant mass flow system must be used to ensure a proportional sample; or (ii) Heated (191 11 deg.C) proportional bag sampling systems for hydrocarbon measurement will be allowed if the bag sampling system meets the performance specifications for outgassing and permeability as defined in paragraph (b)(2) of this section. [[Page 5170]] (3) CH4 measurement, if applicable, shall be conducted using a proportional bag sampling system with subsequent analysis using a gas chromatograph and FID. The CH4 measurement shall be done in accordance with SAE Recommended Practice J1151, ``Methane Measurement Using Gas Chromatography'' (1994 SAE Handbook, Volume 1: Materials, Fuels, Emissions, and Noise, Section 13, Page 13.170), which is incorporated by reference pursuant to Sec. 86.1(b)(2). As an alternative, the manufacturer may choose one of the options set forth in Sec. 86.004-28(c)(8). (4) [Reserved] (5) [Reserved] (6) The CO and CO2 analytical system requires: (i) Bag sampling (Sec. 86.1309) and analytical (Sec. 86.1311) capabilities, as shown in Figure N07-1; or (ii) Continuously integrated measurement of diluted CO and CO2 meeting the minimum requirements and technical specifications contained in paragraph (b)(5) of this section. Unless compensation for varying flow is made, a constant flow system must be used to ensure a proportional sample; and (7) The NOX analytical system requires: (i) Continuously integrated measurement of diluted NOX meeting the minimum requirements and technical specifications contained in paragraph (b)(5) of this section. Unless compensation for varying flow is made, a constant flow system must be used to ensure a proportional sample. (ii) Bag sampling (Sec. 86.1309) and analytical (Sec. 86.1311) capabilities, as shown in Figure N07-1 (or Figure 07-2) will be allowed provided that sample gas temperature is maintained above the sample's aqueous dewpoint at all times during collection and analysis. (8) The mass of particulate in the exhaust is determined via filtration. The particulate sampling system requires dilution of the exhaust to a temperature of 47 deg.C 5 deg.C, measured upstream of a single high-efficiency sample filter (as close to the filter as practical). (9) Since various configurations can produce equivalent results, exact conformance with these drawings is not required. Additional components such as instruments, valves, solenoids, pumps, and switches may be used to provide additional information and coordinate the functions of the components of the system. Other components, such as snubbers, which are not needed to maintain accuracy on some systems, may be excluded if their exclusion is based upon good engineering judgment. (10) Other sampling and/or analytical systems may be used if shown to yield equivalent results and if approved in advance by the Administrator (see Sec. 86.1306-07). (b) Component description. The components necessary for exhaust sampling shall meet the following requirements: (1) Exhaust dilution system. The CVS shall conform to all of the requirements listed for the exhaust gas CVS systems in Sec. 86.1309(b), (c), and (d). With respect to PM measurement, the intent of this measurement procedure is to perform the sample cooling primarily via dilution and mixing with air rather than via heat transfer to the surfaces of the sampling system. In addition the CVS must conform to the following requirements: (i) The flow capacity of the CVS must be sufficient to maintain the diluted exhaust stream at the temperatures required for the measurement of particulate and hydrocarbon emission noted below and at, or above, the temperatures where aqueous condensation in the exhaust gases could occur. This is achieved by the following method. The flow capacity of the CVS must be sufficient to maintain the diluted exhaust stream in the primary dilution tunnel at a temperature of 191 deg.C or less at the sampling zone and as required to prevent condensation at any point in the dilution tunnel. Gaseous emission samples may be taken directly from this sampling point. An exhaust sample must then be taken at this point to be diluted a second time for use in determining particulate emissions. The secondary dilution system must provide sufficient secondary dilution air to maintain the double-diluted exhaust stream at a temperature of 47 C 5 C, measured at a point located between the filter face and 16 cm upstream of the filter face. (ii) For the CVS , either a heat exchanger (i.e. CFV-CVS) or electronic flow compensation (i.e. EFC-CFV-CVS), which also includes the particulate sample flows is required Refer to Figure N07-1. (iii) When a heat exchanger is used, the gas mixture temperature, measured at a point immediately ahead of the critical flow venturi, shall be within 11 deg.C of the average operating temperature observed during the test with the simultaneous requirement that aqueous condensation does not occur. The temperature measuring system (sensors and readout) shall have an accuracy and precision of 1.9 deg.C. For systems utilizing a flow compensator to maintain proportional sampling, the requirement for maintaining constant temperature is not necessary. (iv) The primary dilution air and secondary dilution air: (A) Shall have a primary and secondary dilution air temperature equal to or greater than 15 deg.C. (B) Primary dilution air shall be filtered at the dilution air inlet. The manufacturer of the primary dilution air filter shall state that the filter design has successfully achieved a minimum particle removal efficiency of 98% (less than 0.02 penetration) as determined using ASTM test method F 1471-93 (incorporated by reference at section 86.1). Secondary dilution air shall be filtered at the dilution air inlet using a high-efficiency particulate air filter (HEPA). The HEPA filter manufacturer shall state the HEPA filter design has successfully achieved a minimum particle removal efficiency of 99.97% (less than 0.0003 penetration) as determined using ASTM test method F 1471-93. It is recommended that the primary dilution air be filtered using a HEPA filter. EPA intends to utilize HEPA filters to condition primary dilution air in its test facilities. It is acceptable to use of a booster blower upstream or downstream of a HEPA filter in the primary dilution tunnel (and upstream of the introduction of engine exhaust into the CVS) to compensate for the additional pressure loss associated with the filter. The design of any booster blower located downstream of the filter should minimize the introduction of additional particulate matter into the CVS. (C) Primary dilution air may be sampled to determine background particulate levels, which can then be subtracted from the values measured in the diluted exhaust stream. In the case of primary dilution air, the background particulate filter sample shall be taken immediately downstream of the dilution air filter and upstream of the engine exhaust flow (Figure N07-1). The provisions of paragraphs (b)(7) of this section, and of Sec. 86.1312-2007 also apply to the measurement of background particulate matter, except that the filter temperature must be maintained below 52 deg.C. (2) Heated proportional bag sampling systems. If a heated (191 11 deg.C) proportional bag sampling system is used for THC measurement, sample bags must demonstrate minimal outgassing and permeability by passing the following performance test: (i) Performance test for sample bag HC outgassing and CO2 permeability. Bring the bag system to its operational temperature. Fill the heated sample bag with a nominal mixture of 1% CO2 in [[Page 5171]] N2. Perform an initial measurement of CO2 and THC from the sample bag, and repeat the measurement after one hour. Acceptable performance criteria are 2% decrease of the initial CO2 reading and 1 ppmC THC. (ii) [Reserved] (3) Continuous HC measurement system. (i) The continuous HC sample system (as shown in Figure N07-1) uses an ``overflow'' zero and span system. In this type of system, excess zero or span gas spills out of the probe when zero and span checks of the analyzer are made. The ``overflow'' system may also be used to calibrate the HC analyzer per Sec. 86.1321(b), although this is not required. (ii) No other analyzers may draw a sample from the continuous HC sample probe, line or system, unless a common sample pump is used for all analyzers and the sample line system design reflects good engineering practice. (iii) The overflow gas flow rates into the sample line shall be at least 105% of the sample system flow rate. (iv) The overflow gases shall enter the heated sample line as close as practicable to the outside surface of the CVS duct or dilution tunnel. (v) The continuous HC sampling system shall consist of a probe (which must raise the sample to the specified temperature) and, where used, a sample transfer system (which must maintain the specified temperature). The continuous hydrocarbon sampling system (exclusive of the probe) shall: (A) Maintain a wall temperature of 191 deg.C 11 deg.C as measured at every separately controlled heated component (i.e., filters, heated line sections), using permanent thermocouples located at each of the separate components. (B) Have a wall temperature of 191 deg.C 11 deg.C over its entire length. The temperature of the system shall be demonstrated by profiling the thermal characteristics of the system at initial installation and after any major maintenance performed on the system. The temperature profile of the HC sampling system shall be demonstrated by inserting thermocouple wires (typically Teflon\TM\ coated for ease of insertion) into the sampling system assembled in-situ where possible, using good engineering judgment. The wire should be inserted up to the HFID inlet. Stabilize the sampling system heaters at normal operating temperatures. Withdraw the wires in increments of 5 cm to 10 cm (2 inches to 4 inches) including all fittings. Record the stabilized temperature at each position. The system temperature will be monitored during testing at the locations and temperature described in Sec. 86.1310-90(b)(3)(v)(A). Note: It is understood that profiling of the sample line can be done under flowing conditions also as required with the probe. This test may be cumbersome if test facilities utilize long transfer lines and many fittings; therefore it is recommended that transfer lines be kept as short as possible and the use of fittings should be kept minimal. (C) Maintain a gas temperature of 191 deg.C 11 deg.C immediately before the heated filter and HFID. These gas temperatures will be determined by a temperature sensor located immediately upstream of each component. (vi) The continuous hydrocarbon sampling probe shall: (A) Be defined as the first 25.4 cm (10 in) to 76.2 cm (30 in) of the continuous hydrocarbon sampling system; (B) Have a 0.483 cm (0.19 in) minimum inside diameter; (C) Be installed in the primary dilution tunnel at a point where the dilution air and exhaust are well mixed (i.e., approximately 10 tunnel diameters downstream of the point where the exhaust enters the dilution tunnel); (D) Be sufficiently distant (radially) from other probes and the tunnel wall so as to be free from the influence of any wakes or eddies; and (E) Increase the gas stream temperature to 191 deg.C 11 deg.C by the exit of the probe. The ability of the probe to accomplish this shall be demonstrated at typical sample flow rates using the insertion thermocouple technique at initial installation and after any major maintenance. Compliance with the temperature specification shall be demonstrated by monitoring during each test the temperature of either the gas stream or the wall of the sample probe at its terminus. (vii) The response time of the continuous measurement system shall be no greater than: (A) 1.5 seconds from an instantaneous step change at the port entrance to the analyzer to within 90 percent of the step change; (B) 10 seconds from an instantaneous step change at the entrance to the sample probe or overflow span gas port to within 90 percent of the step change. Analysis system response time shall be coordinated with CVS flow fluctuations and sampling time/test cycle offsets if necessary; and (C) For the purpose of verification of response times, the step change shall be at least 60 percent of full-scale chart deflection. (4) Primary-dilution tunnel. (i) The primary dilution tunnel shall be: (A) Small enough in diameter to cause turbulent flow (Reynolds Number greater than 4000) and of sufficient length to cause complete mixing of the exhaust and dilution air. Good engineering judgment shall dictate the use of mixing plates and mixing orifices to ensure a well- mixed sample. To verify mixing, EPA recommends flowing a tracer gas (i.e. propane or CO2) from the raw exhaust inlet of the dilution tunnel and measuring its concentration at several points along the axial plane at the sample probe. Tracer gas concentrations should remain nearly constant (i.e. within 2%) between all of these points. (B) At least 8 inches (20 cm) in diameter. (C) Constructed of electrically conductive material which does not react with the exhaust components. (D) Electrically grounded. (E) EPA recommends that the tunnel should have minimal thermal capacitance such that the temperature of the walls tracks with the temperature of the diluted exhaust. (ii) The temperature of the diluted exhaust stream inside of the primary dilution tunnel shall be sufficient to prevent water condensation. (iii) The engine exhaust shall be directed downstream at the point where it is introduced into the primary dilution tunnel. (5) Continuously integrated NOX, CO, and CO2 measurement systems. (i) The sample probe shall: (A) Be in the same plane as the continuous HC probe, but shall be sufficiently distant (radially) from other probes and the tunnel wall so as to be free from the influences of any wakes or eddies; and (B) Heated and insulated over the entire length, to prevent water condensation, to a minimum temperature of 131 deg.F (55 deg. C). Sample gas temperature immediately before the first filter in the system shall be at least 131 deg. F (55 deg. C). (ii) The continuous NOX, CO, or CO2 sampling and analysis system shall conform to the specifications of subpart D of this part, with the following exceptions: (A) The system components required to be heated by subpart D need only be heated to prevent water condensation, the minimum component temperature shall be 131 deg. F (55 deg. C); (B) The system response defined in Sec. 86.329-79 shall be no greater than 10 seconds. Analysis system response time shall be coordinated with CVS flow fluctuations and sampling time/test cycle offsets, if necessary; (C) Alternative NOX measurement techniques outlined in Sec. 86.346-79 are [[Page 5172]] not permitted for NOX measurement in this subpart; (D) All analytical gases shall conform to the specifications of Sec. 86.1314; (E) Any range on a linear analyzer below 100 ppm shall have and use a calibration curve conforming to Sec. 86. 1323-07; and (F) The measurement accuracy requirements are specified in Sec. 86. 1338-07 . (iii) The signal output of analyzers with non-linear calibration curves shall be converted to concentration values by the calibration curve(s) specified in subpart D of this part (Sec. 86.330-79) before flow correction (if used) and subsequent integration takes place. (6) Particulate sampling system. This method collects a proportional sample from the primary tunnel, and then transfers this sample to a secondary dilution tunnel where the sample is further diluted. The double-diluted sample is then passed through the collection filter. Proportionality (i.e., mass flow ratio) between the primary tunnel flow rate and the sample flow rate must be maintained within 5%, excluding the first 10 seconds of the test at start-up. The requirements for this system are: (i) The particulate sample transfer tube shall be configured and installed so that: (A) The inlet faces upstream in the primary dilution tunnel at a point where the primary dilution air and exhaust are well mixed. (B) The particulate sample exits on the centerline of the secondary tunnel. (ii) The entire particulate sample transfer tube shall be: (A) Sufficiently distant (radially) from other sampling probes (in the primary dilution tunnel) so as to be free from the influence of any wakes or eddies produced by the other probes. (B) 0.85 cm minimum inside diameter. (C) No longer than 36 in (91 cm) from inlet plane to exit plane. (D) Designed to minimize the diffusional and thermophoretic deposition of particulate matter during transfer (i.e., sample residence time in the transfer tube should be as short as possible, temperature gradients between the flow stream and the transfer tube wall should be minimized). Double-wall, thin-wall, air-gap insulated, or a controlled heated construction for the transfer tube is recommended. (E) Constructed such that the surfaces exposed to the sample shall be an electrically conductive material, which does not react with the exhaust components, and this surface shall be electrically grounded so as to minimize electrostatic particulate matter deposition. (iii) The secondary dilution air shall be at a temperature equal to or greater than 15 deg. C. (iv) The secondary-dilution tunnel shall be constructed such that the surfaces exposed to the sample shall be an electrically conductive material, which does not react with the exhaust components, and this surface shall be electrically grounded so as to minimize electrostatic particulate deposition. (v) Additional dilution air must be provided so as to maintain a sample temperature of 47 deg. C 5 deg. C upstream of the sample filter. Temperature shall be measured with a thermocouple with a \3/16\" shank, having thermocouple wires with a gage diameter 24 AWG or smaller, a bare-wire butt-welded junction; or other suitable temperature measurement with an equivalent or faster time constant and an accuracy and precision of 1.9 deg. C. (vi) The filter holder assembly shall be located within 12.0 in (30.5 cm) of the exit of the secondary dilution tunnel. (vii) The face velocity through the sample filter shall not exceed 100 cm/s (face velocity is defined as the standard volumetric sample flow rate (i.e., scm3/sec) divided by the sample filter stain area (i.e., cm2)). (7) Particulate sampling. (i) Filter specifications. (A) Polytetrafluoroethylene (PTFE or Teflon\TM\) coated borosilicate glass fiber high-efficiency filters or polytetrafluoroethylene (PTFE or Teflon\TM\) high-efficiency membrane filters with an integral support ring of polymethylpentene (PMP) or equivalent inert material are required. Filters shall have a minimum clean filter efficiency of 99% as measured by the ASTM D2986-95a DOP test (incorporated by reference at Sec. 86.1). (B) Particulate filters must have a diameter of 46.50 0.6 mm ( 38 mm minimum stain diameter). (C) The dilute exhaust is simultaneously sampled by a single high- efficiency filter during the cold-start test and by a second high efficiency filter during the hot-start test. (D) It is recommended that the filter loading should be maximized consistent with temperature requirements. (ii) Filter holder assembly. The filter holder assembly shall comply with the specifications set forth for ambient PM measurement in 40 CFR Part 50, Appendix L 7.3.5, figures L-25 and L-26, with the following exceptions: (A) The material shall be 302, 303, or 304 stainless steel instead of anodized aluminum. (B) The 2.84 cm diameter entrance to the filter holder may be adapted, using sound engineering judgment and leak-free construction, to an inside diameter no smaller than 0.85 cm, maintaining the 12.5 deg. angle from the inlet of the top filter holder to the area near the sealing surface of the top of the filter cartridge assembly. Figure N07-2 shows acceptable variation from the design in 40 CFR Part 50, Appendix L. Similar variations using sound engineering design are also acceptable provided that they provide even flow distribution across the filter media and a similar leak-free seal with the filter cartridge assembly. (C) If additional or multiple filter cartridges are stored in a particulate sampler as part of an automatic sequential sampling capability, all such filter cartridges, unless they are installed in the sample flow (with or without flow established) shall be covered or sealed to prevent communication of semi-volatile matter from filter to filter; contamination of the filters before and after sampling; or loss of volatile or semi-volatile particulate matter after sampling. (iii) Filter cartridge assembly. The filter cartridge assembly shall comply with the specifications set forth for ambient PM measurement in 40 CFR Part 50, Appendix L 7.3.5, figures L-27, L-28, and L-29, with the following exceptions: (A) In addition to the specified Delrin TM material, 302, 303, or 304 stainless steel, polycarbonate or acrylonitrile/ butadiene/styrene (ABS) resin, or a combination of these materials may also be used. (B) A bevel introduced on the inside diameter of the entrance to the filter cartridge, as used by some commercially available automated sequential particulate filter cartridge changers, is also acceptable (see Figure N07-3). (iv) Particle preclassifier. A particle preclassifier shall be installed immediately upstream of the filter holder assembly (N07-1). The purpose of the preclassifier is to remove coarse, mechanically generated particles (e.g., rust from the engine exhaust system or carbon sheared from the sampling system walls) from the sample flow stream while allowing combustion-generated particles to pass through to the filter. The preclassifier may be either an inertial impactor or a cyclonic separator. The preclassifier manufacturer 50% cutpoint particle diameter shall be between 2.5 m and 10 m at the volumetric flow rate selected for sampling of particulate matter emissions. Sharpness of cut is not specifically defined, but the [[Page 5173]] preclassifier geometry shall allow at least 99% of the mass concentration of 1 m particles to pass through the exit of the preclassifier to the filter at the volumetric flow rate selected for sampling particulate matter emissions. Periodic servicing of the preclassifier will be necessary to prevent a buildup of mechanically separated particles. The particle preclassifier may be made integral with the top of the filter holder assembly. The preclassifier may also be made integral with a mixing-tee for introduction of secondary dilution air, thus replacing the secondary dilution tunnel; provided that the preclassifier provides sufficient mixing. BILLING CODE 6560-50-P [[Page 5174]] [GRAPHIC] [TIFF OMITTED] TR18JA01.008 [[Page 5175]] [GRAPHIC] [TIFF OMITTED] TR18JA01.009 [[Page 5176]] [GRAPHIC] [TIFF OMITTED] TR18JA01.010 BILLING CODE 6560-50-C [[Page 5177]] 30. A new section 86.1312-2007 is added to Subpart N to read as follows: Sec. 86.1312-2007 Filter stabilization and microbalance workstation environmental conditions, microbalance specifications, and particulate matter filter handling and weighing procedures. (a) Ambient conditions for filter stabilization and weighing.--(1) Temperature and humidity. (i) The filter stabilization environment shall be maintained at 22 deg.C 3 deg.C and a dewpoint of 9.5 deg.C 1 deg.C. Dewpoint shall be measured with an instrument that exhibits an accuracy of at least 0.25 deg.C NIST traceable as stated by the instrument manufacturer. Temperature shall be measured with an instrument that exhibits an accuracy of at least 0.2 deg.C or better. (ii) The immediate microbalance workstation environment shall be maintained at 22 deg.C 1 deg.C and a dewpoint of 9.5 deg.C 1 deg.C. If the microbalance workstation environment freely circulates with the filter stabilization environment, and this entire environment meets 22 deg.C 1 deg.C and a dewpoint of 9.5 deg.C 1 deg.C , then there is no requirement to measure temperature and dewpoint at the microbalance separate from the filter stabilization location. Otherwise, temperature at the microbalance workstation shall be measured with an instrument that exhibits an accuracy of at least 0.2 deg.C or better, and dewpoint shall be measured with an instrument that exhibits an accuracy of at least 0.25 deg.C NIST traceable as stated by the instrument manufacturer. (2) Cleanliness. (i) The microbalance and filter stabilization environments shall be free of ambient contaminants (such as dust or other aerosols) that could settle on the particulate filters. It is recommended that these environments be built to conform with the Class 1000 specification (or cleaner) as determined by Federal Standard 209D or 209E for clean room classification (Available from the Institute of Environmental Standards and Technology website at www.iest.org or phone (847) 255-1561). An alternative recommendation would be to equilibrate and/or weigh the filters within a separate, smaller, particle-free, temperature and humidity-controlled chamber (i.e., ``glove box''). (ii) Reference filters shall be used to monitor for gross particle contamination. It is required that at least two unused reference filters remain in the filter stabilization environment at all times in partially covered glass petri dishes, as in paragraph (c) (1) of this section. These reference filters shall be placed in the filter stabilization environment. The reference filters shall be weighed within 2 hours of, but preferably at the same time as, the sample filters. The reference filters shall be changed at least once a month, but never while any sample filters are between their tare weight (pre- sampling) and gross weight (post-sampling) measurements. The reference filters shall be the same size and material as the sample filters. (3) Quality control of ambient conditions. (i) If, before the start of a weighing session, the temperature or dewpoint of the filter stabilization environment are not within specifications, then filters must remain in the environment for at least 30 minutes after conditions are corrected. If the filter stabilization environment changes during a weighing session such that the specifications are no longer met, the weighing session shall be suspended until the environment has returned to within specifications for at least 30 minutes. Once the environment has returned to within specifications for at least 30 minutes, the reference filters shall be reweighed and the criteria in paragraph (a)(3)(ii) of this section shall apply. Note that temperature and dewpoint shall be sampled once per second, and an unweighted 5-minute moving average of this data shall be calculated once per second. This moving average shall be used to determine the environment temperature and dewpoint for the purpose of determining whether or not the environment is within specifications. (ii) If the average change in weight of the reference filters is more than 10 micrograms (after correcting for buoyancy as described in paragraph (c)(3) of this section), then all filters in the process of stabilization shall be discarded and all data collected with respect to the discarded filters shall be considered void. Note that more than 2 reference filters may be used to achieve a more robust average of the change in weight of the reference filters. (b) Microbalance specifications. The microbalance used to determine the weights of all filters shall have a precision (standard deviation) of at least 0.25 micrograms or better for repeated weighing of a calibration weight, a precision of at least 2.5 micrograms or better for repeated weighing of a clean filter, and a readability equal to or less than 0.1 micrograms. It is recommended that the microbalance be installed on a vibration isolation platform to isolate the microbalance's load cell from external vibration. It is also recommended that the microbalance should be shielded from convective airflow by means of an electrically grounded static dissipative draft shield. Microbalance manufacturer specifications for all preventive maintenance, periodic certification, calibration, and re-zeroing shall be followed. All certification and calibration procedures shall be NIST traceable, or traceable to an equivalent national standard. (c) Particulate matter filter handling and weighing. Care should be taken to prevent contamination of the sample filters and to prevent a buildup of static charge on the filters that could interfere with filter weighing. Static neutralizers, such as Po-210 sources, shall be used to neutralize charge on a filter prior to each weighing. A static neutralizer should be replaced at the interval recommended by its manufacturer, or when it is no longer able to reduce static charge on a filter to less than 2 VDC as measured with an electrostatic monitor at the microbalance workstation. The person weighing filters shall be grounded with respect to the microbalance to prevent imparting a static charge on the filters. This can be accomplished safely by using a grounding strap such as the wrist straps that are commonly used in the microelectronics industry, or by connecting a similar grounding strap to the tweezers. To prevent electrical shock, a 1-megohm resistor should be installed in series between the person weighing filters and ground. (1) Within the filter stabilization environment, a pair of clean and electrically conductive tweezers shall be used to place a filter in the lower half of a filter cassette and the cassette shall be placed in a partially open glass petri dish. The petri dish lid should extend over the filter to prevent gross contamination, but it should be left slightly open on one edge to permit stabilization with the environment for at least 30 minutes. (2) After at least 30 minutes of stabilization, each filter shall be weighed using the specified microbalance. The process of weighing a filter may be repeated and a statistical mean weight of a single filter may be calculated. Sound engineering judgment shall dictate the use of statistics to discard outliers and the weighting of averages. For a clean filter its single weight or statistical mean weight shall be considered the uncorrected tare weight of the filter. (3) All filter weights shall be corrected for filter buoyancy in air. For the uncorrected tare weight of a filter, this calculated value is the corrected tare weight of the filter, and it must be recorded (see Sec. 86.1344(e)(18)). [[Page 5178]] Barometric pressure of the microbalance environment shall be measured with an instrument that exhibits 0.01% full-scale accuracy and 0.01% per-year full scale stability, and the full-scale value used for such a specification shall not exceed 200 kPa. (i) Buoyancy correction calculation. (A) Calculate vapor pressure of liquid water using the dewpoint temperature in the Magnus formula: Pw = 0.6113 x 10 ((7.5 x Tdp)/ (237.3 + Tdp)) Where: Pw=vapor pressure of liquid water, kPa. Tdp=dewpoint temperature, deg.C. (B) Calculate air density using the ideal gas relationship and molecular weights of standard air and water: A=(3.484 x P-1.317 x Pw)/(T+273.15) Where: A=air density, kg/m\3\. P=barometric pressure, kPa. Pw=vapor pressure of liquid water, kPa. T=temperature, deg.C. (C) Buoyancy correction: M=R x (1-(A/w))/(1-(A/s)). Where: M=corrected mass in units of the balance display. R=uncorrected filter weight in units of the balance display. A=calculated air density, kg/m\3\. w=density of calibration weight used to calibrate the balance, kg/m\3\. s=density of filter material used to sample PM emissions, kg/m\3\. (ii) For determining s note that PTFE (Teflon\TM\) and borosilicate glass both have densities in the range of 2,200 to 2,400 kg/m\3\. Therefore, for PTFE-coated borosilicate glass fiber filters, an acceptable s is 2,300 kg/m\3\. Note also that polymethylpentene has a density of 850 kg/m\3\. Because Teflon PTFE membrane filters have an integral polymethylpentene support ring that accounts for 95% of the filter mass, an acceptable s for these filters is 920 kg/m\3\. Other s values for other filters may be obtained similarly. Information about ``s should be available from the calibration weight manufacturer. (iii) This paragraph (c)(3)(iii) shows an example of the buoyancy correction. This example assumes the following inputs: Barometric pressure (P)=101.325 kPa, temperature (T)=22.0 deg.C, dewpoint temperature (Tdp)=9.5 deg.C, balance display (R)=100.0000 mg, calibration weight density (w)=8,000 kg/m\3\, and filter material density (s)=2,300 kg/m\3\. Then: (A) The water vapor pressure (Pw) is calculated as: Pw = 0.6113 x 10 ((7.5 x 9.5)/(237.3 + 9.5)) = 1.186 kPa. (B) The air density (A) is calculated as: A = (3.484 x 101.325 - 1.317 x 1.186)/(22.0 + 273.15) = 1.191 kg/ m\3\. (C) The corrected mass (M) is calculated as: M=100.0000 x (1 - (1.191/8000))/(1 - (1.191/2300)) = 100.0369 mg. (4) The uncorrected weight, corrected weight, barometric pressure, temperature and humidity, of the filter shall be recorded. Afterward the filter shall be returned to the lower half of the filter cassette, and the upper half of the cassette shall be set in place. The cassette- with filter-shall then be stored in a covered glass petri dish or a sealed (i.e., ends plugged) filter holder assembly, either of which shall remain in the filter stabilization environment until needed for testing. It is recommended that the filter be transported between the filter stabilization environment and the location of the emissions test within a sealed filter holder assembly. (5) After the emissions test, the filter cassette shall be removed from the filter holder assembly. If this removal is performed in the filter stabilization environment, the upper half of the cassette shall be removed using a properly designed separator tool, the lower half of the cassette-with filter-shall be placed in a partially covered petri dish, and allowed to stabilize for at least 30 minutes. Otherwise, the cassette and filter shall be placed in a closed petri dish until it can be returned to the filter stabilization environment. Once the closed petri dish is returned to the filter stabilization environment, the petri dish shall be opened, the upper half of the cassette shall be removed using a properly designed separator tool, the lower half of the cassette-with filter-shall be placed in a partially covered petri dish, and allowed to stabilize for at least one hour. (6) After at least 30 minutes, but no more than 60 hours of stabilization, each filter may be weighed using the specified microbalance. The process of weighing a filter may be repeated and a statistical mean may be calculated. Sound engineering judgment shall dictate the use of statistics to discard outliers and the weighting of averages. For a used filter, its single weight or statistical mean weight shall be identified as the uncorrected gross weight of the filter. The uncorrected gross weight shall be corrected for filter buoyancy using the procedure in (c)(3) of this section. The uncorrected gross filter weight, corrected gross filter weight, barometric pressure, temperature, and dewpoint shall be recorded. (7) The net particulate matter weight (Pf) of each filter shall be equal to the corrected gross filter weight minus the corrected tare filter weight. (8) Should the particulate matter on the filters contact the petri dish, tweezers, microbalance or any other surface, the data with respect to that filter is void. 31. A new Sec. 86.1313-2004 is added to subpart N to read as follows: Sec. 86.1313-2004 Fuel specifications. Section 86.1313-04 includes text that specifies requirements that differ from Sec. 86.1313-94 and Sec. 86.1313-98. Where a paragraph in Sec. 86.1313-94 or Sec. 86.1313-98 is identical and applicable to Sec. 86.1313-04, this may be indicated by specifying the corresponding paragraph and the statement ``[Reserved]. For guidance see Sec. 86.1313-94.'' or ``[Reserved]. For guidance see Sec. 86.1313- 98.''. (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 engines, 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: ---------------------------------------------------------------------------------------------------------------- Item ASTM test method No. Value ---------------------------------------------------------------------------------------------------------------- (i) Octane, Research, Min.............. D2699 93 (ii) Sensitivity, Min.................. .......................... 7.5 (iii) Lead (organic), maximum: g/U.S. D3237 0.050 (0.013) gal. (g/liter). (iv) Distillation Range:............... D86 (A) IBP \1\: deg.F ( deg.C)........... .......................... 75-95 (23.9-35) (B) 10 pct. point: deg.F ( deg.C)..... .......................... 120-135 (48.9-57.2) [[Page 5179]] (C) 50 pct. point: deg.F ( deg.C)..... .......................... 200-230 (93.3-110) (D) 90 pct. point: deg.F ( deg.C)..... .......................... 300-325 (148.9-162.8) (E) EP, max: deg.F ( deg.C)........... .......................... 415 (212.8) (v) Sulfur, weight pct................. D1266 0.0015-0.008 (vi) Phosphorous, max. g/U.S. gal (g/ D3231 0.005 (0.0013) liter). (vii) RVP \2\, \3\..................... D3231 8.7-9.2 (60.0-63.4) (viii) Hydrocarbon composition:........ D1319 (A) Olefins, max. pct.................. .......................... 10 (B) Aromatics, max, pct................ .......................... 35 (C) 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 engines certified for sale in the 50 United States, ``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). 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. 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 ---------------------------------------------------------------------------------------------------------------- (i) Octane, (R+M)/2 (min)................. 91 (ii) Sensitivity (min).................... 7.5 (iii) Lead, g/gal (max) (No lead added)... 0-0.01 (iv) Distillation Range, deg.F:.......... .................................................................... (A) 10 pct. point,........................ 130-150 (B) 50 pct. point,........................ 200-210 (C) 90 pct. point,........................ 290-300 (D) EP, maximum........................... 390 (v) Residue, vol % (max).................. 2.0 (vi) 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. (vii) Phosphorous, g/gal (max)............ 0.005 (viii) RVP, psi........................... 6.7-7.0 (ix) Olefins, vol %....................... 4.0-6.0 (x) Total Aromatic Hydrocarbons (vol %)... 22-25 (xi) Benzene, vol %....................... 0.8-1.0 (xii) Multi-Substituted Alkyl Aromatic 12-14 Hydrocarbons, vol %. (xiii) MTBE, vol %........................ 10.8-11.2 (xiv) 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). (xv) Copper Corrosion..................... No. 1 (xvi) Gum, Washed, mg/100 ml (max)........ 3.0 (xvii) Oxidation Stability, minutes (min). 1000 (xviii) Specific Gravity.................. No limit; report to purchaser required (xix) Heat of Combustion.................. No limit; report to purchaser required (xx) Carbon, wt %......................... No limit; report to purchaser required (xxi) 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. Unless otherwise approved by the Administrator, this gasoline must have a minimum sulfur content of 15 ppm. Unless otherwise approved by the Administrator, fuel used for evaporative emission durability demonstration 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 [[Page 5180]] 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 paragraph (a) of this section must be reported in accordance with Sec. 86.094-21(b)(3). (b) heading and (b)(1) [Reserved]. For guidance see Sec. 86.1313- 94. (b)(2) [Reserved]. For guidance see Sec. 86.1313-98. (b)(3) through (g) [Reserved]. For guidance see Sec. 86.1313-94. 32. A new Sec. 86.1313-2007 is added to Subpart N to read as follows: Sec. 86.1313-2007 Fuel specifications. Section 86.1313-2007 includes text that specifies requirements that differ from Sec. 86.1313-94 and Sec. 86.1313-2004. Where a paragraph in Sec. 86.1313-94 or Sec. 86.1313-2004 is identical and applicable to Sec. 86.1313-2007, this may be indicated by specifying the corresponding paragraph and the statement ``[Reserved]. For guidance see Sec. 86.1313-94.'' or ``[Reserved]. For guidance see Sec. 86.1313- 04.''. (a) [Reserved]. For guidance see Sec. 86.1313-2004. (b) heading and (b)(1) [Reserved]. For guidance see Sec. 86.1313- 94. (b)(2) Petroleum fuel for diesel engines meeting the specifications in Table N07-2, or substantially equivalent specifications approved by the Administrator, shall be used in exhaust emissions testing. The grade of petroleum fuel used shall be commercially designated as ``Type 2-D'' grade diesel fuel except that fuel commercially designated as ``Type 1-D'' grade diesel fuel may be substituted provided that the manufacturer has submitted evidence to the Administrator demonstrating to the Administrator's satisfaction that this fuel will be the predominant in-use fuel. Such evidence could include such things as copies of signed contracts from customers indicating the intent to purchase and use ``Type 1-D'' grade diesel fuel as the primary fuel for use in the engines or other evidence acceptable to the Administrator. (Note: Vehicles certified under Sec. 86.007-11(f) must be tested using the test fuel specified in Sec. 86.1313-2004, unless otherwise allowed by the Administrator.) Table N07-2 follows: Table N07-2 ---------------------------------------------------------------------------------------------------------------- Item ASTM test method No. Type 1-D Type 2-D ---------------------------------------------------------------------------------------------------------------- (i) Cetane Number........... .................... D613................ 40-54............... 40-50 (ii) Cetane Index........... .................... D976................ 40-54............... 40-50 (iii) Distillation range: (A) IBP................. deg.F.............. D86................. 330-390............. 340-400 ( deg.C)............ .................... (165.6-198.9)....... (171.1-204.4) (B) 10 pct. point....... deg.F.............. D86................. 370-430............. 400-460 ( deg.C)............ .................... (187.8-221.1)....... (204.4-237.8) (C) 50 pct. point....... deg.F.............. D86................. 410-480............. 470-540 ( deg.C)............ .................... (210.0-248.9)....... (243.3-282.2) (D) 90 pct. point....... deg.F.............. D86................. 460-520............. 560-630 ( deg.C)............ .................... (237.8-271-1)....... (293.3-332.2) (E) EP.................. deg.F.............. D86................. 500-560............. 610-690 ( deg.C)............ .................... (260.0-293.3)....... (321.1-365.6) (iv) Gravity................ deg.API............ D287................ 40-44............... 32-37 (v) Total sulfur............ ppm................. D2622............... 7-15................ 7-15 (vi) Hydrocarbon composition:. (A) Aromatics, minimum pct................. D5186............... 8................... 27 (Remainder shall be paraffins, naphthenes, and olefins). (vii) Flashpoint, min....... deg.F.............. D93................. 120................. 130 ( deg.C)............ .................... (48.9).............. (54.4) (viii) Viscosity............ centistokes......... D445................ 1.6-2.0............. 2.0-3.2 ---------------------------------------------------------------------------------------------------------------- (3) Petroleum Diesel fuel for diesel engines meeting the specifications in table N07-3, or substantially equivalent specifications approved by the Administrator, shall be used in service accumulation. The grade of petroleum diesel fuel used shall be commercially designated as Type 2-D'' grade diesel fuel except that fuel commercially designated as ``Type 1-D'' grade Diesel fuel may be substituted provided that the manufacturer has submitted evidence to the Administrator demonstrating to the Administrator's satisfaction that this fuel will be the predominant in-use fuel. Such evidence could include such things as copies of signed contracts from customers indicating the intent to purchase and use ``Type 1-D'' grade diesel fuel as the primary fuel for use in the engines or other evidence acceptable to the Administrator. Table N07-03 follows: Table N07-3 ---------------------------------------------------------------------------------------------------------------- Item ASTM test method No. Type 1-D Type 2-D ---------------------------------------------------------------------------------------------------------------- (i) Cetane Number........... .................... D613................ 40-56............... 38-58 (ii) Cetane Index........... .................... D976................ min. 40............. min. 40 (iii) Distillation range: 90 pct. point........... deg.F.............. D86................. 440-530............. 540-630 ( deg.C)............ .................... (226.7-276-7)....... (293.3-332.2) (iv) Gravity................ deg.API............ D287................ 39-45............... 30-39 (v) Total sulfur............ ppm................. D2622............... 7-15................ 7-15 [[Page 5181]] (vi) Flashpoint, min........ deg.F.............. D93................. 130................. 130 ( deg.C)............ .................... (54.4).............. (54.4) (vii) Viscosity............. centistokes......... D445................ 1.2-2.2............. 1.5-4.5 ---------------------------------------------------------------------------------------------------------------- (b)(4) through (g) [Reserved]. For guiDance see Sec. 86.1313-94. 33. Section 86.1319-90 is amended by redesignating paragraph (e) as paragraph (f), and adding a new paragraph (e) to read as follows: Sec. 86.1319-90 CVS calibration. * * * * * (e) SSV calibration. (1) The calibration of the SSV located in the tunnel shall be conducted in a similar manner as the CFV or PDP calibration. Gas flow within the SSV is a function of inlet pressure, P1, the inlet temperature, T1, and the pressure drop between the throat and the inlet, DP. Note that the following procedure is consistent with SAE J244. The calibration procedure described in paragraph (e)(3) of this section establishes the values of the coefficients at measured values of pressure, temperature and airflow. (i) The flow rate for a subsonic venturi is calculated as a volumetric flow rate (Qs) or a mass flow rate (Qm) as follows: or [GRAPHIC] [TIFF OMITTED] TR18JA01.011 [GRAPHIC] [TIFF OMITTED] TR18JA01.012 Where: Kq = 0.0021074 (SI units). Qs = Air Volume Flow, SCFM (m3/min). Qm = Air Mass Flow, lbm/min (kg/min). s = Density at Standard Conditions, lbm/ ft3 (kg/m3) as specified in paragraph (e)(1)(v) of this section. s = Density at inlet conditions, lbm/ ft3 (kg/m3), as specified in paragraph (e)(1)(iii) of this section. Cd = Coefficient of Discharge = Actual Air Flow/ Theoretical Air Flow. Y = Expansion factor, as specified in paragraph (e)(1)(ii) of this section. d = Throat diameter, inch (mm). = Ratio of venturi throat diameter to approach pipe diameter. P = Pressure drop between inlet and throat, in. H2O (kPa). (ii) The expansion factor (Y) is calculated as follows: [GRAPHIC] [TIFF OMITTED] TR18JA01.013 (iii) The inlet density (1) is calculated as follows: [GRAPHIC] [TIFF OMITTED] TR18JA01.068 Where: Pabs = P1+PB Tabs = T1 + 2731 Rmix = Ru/|MWmix Ru = 8.3144 kJ/kg-mole-K MWmix = the molecular weight of the mix, as calculated in paragraph (e)(1)(iv) of this section. (iv) The molecular weight of the mix, is calculated as follows: [GRAPHIC] [TIFF OMITTED] TR18JA01.014 Where: PV = Vapor pressure, in Hg (kPa) MWAIR = 28.964 kg/kg-mole MWH20 = 18.015 kg/kg-mole (v) The density at standard conditions of 101.33 kPa and 20 deg.C is calculated as follows: [[Page 5182]] [GRAPHIC] [TIFF OMITTED] TR18JA01.015 (2) The venturi manufacturer's recommended procedure shall be followed for calibrating electronic portions of the SSV. (3) Measurements necessary for flow calibration of the SSV are as follows: Calibration Data Measurement ---------------------------------------------------------------------------------------------------------------- Parameter Sym Units Tolerance ---------------------------------------------------------------------------------------------------------------- (i) Barometric pressure (corrected PB in. Hg (kPa)........... .01in. Hg ( .034kPa) (ii) Air temperature, into ETI deg. F ( deg. C)...... .5 deg.F (.28 deg. calibration venturi. C) (iii) Pressure drop between the EDP in. H2O (kPA).......... .05 in. H2O (.012kPa) venturi (corrected to 68 deg. F).. (iv) Air Flow...................... QS Std ft\3\/min (m\3\/ 5% of NIST min). ``true'' value (v) SSV inlet depression........... P1 in. H2O (kPa).......... .23 in. H2O (.057kPa) (vi) Pressure drop between the DP in. H2O (kPa).......... .05 in. H2O (.012kPa) (vii) Water vapor pressure of inlet PV in. Hg (kPa)........... .10 in. Hg ( .34kPa) (vii) Temperature at SSV inlet..... T1 deg.F ( deg.C)........ 4.0 deg.F (2.2 deg. C) ---------------------------------------------------------------------------------------------------------------- (4) Set up equipment similar to CFV or PDP calibration except the variable flow restrictor valve can be deleted or set in the open position, and the pressure drop reading device must be added. The calibration test must be conducted with the test subsonic venturi in place in its permanent position. Any subsequent changes in upstream or downstream configuration could cause a shift in calibration. Leaks between the calibration metering device and the SSV must be eliminated. (5) Adjust the variable flow blower or restrictor valve to its maximum in-use flow rate. Allow the system to stabilize and record data from all instruments. Be sure to avoid choke condition. (6) Vary the flow through a minimum of eight steps covering the intended in-use operating range of the SSV. (7) Data analyses. If the calibration venturi is used at the tunnel inlet (free standing), then assume a value of =0. If the SSV installed in the CVS tunnel, use the actual inside tunnel diameter and the throat diameter to compute . (i) Assume an initial value for Cd = 0.98 to calculate Qm for the calculation of Reynolds number, Re,: [GRAPHIC] [TIFF OMITTED] TR18JA01.016 Where: = viscosity of air, centipoise [GRAPHIC] [TIFF OMITTED] TR18JA01.017 K=1.458E-3 TK=(T1 deg.C+273.16) (ii) From the initial calibration of the venturi, establish an equation of Cd as a function of Re. The following functional forms should be reviewed, but a power series, least-squares fit polynomial equation may result in the best fit. Many factors involved in the installation of SSV and the operating range of the Reynolds number can affect the functional relationship of the Cd with Re. Calculate Cd based on this initial equation of Re. Compute a final Qm based on this calculated Cd for both the calibration nozzle and the inline SSV. (8)(i) Compute the percent difference in air flow between the calibration venturi and the inline SSV. If the difference in percent of point is greater than 1%, compute a new Cd and Re for the in-tunnel venturi as follows: Cdnew=Actual Air Flow/Theoretical Air Flow=Qmact /Qmtheo [GRAPHIC] [TIFF OMITTED] TR18JA01.018 (ii) Qmact is flow measured by the calibration venturi and Qmtheo is the theoretical calculated flow based on the in-tunnel SSV conditions with Cd set equal to 1. Renew is based on the calibrated venturi flow, but the in-tunnel SSV properties. Recalculate a new curve fit of Cdnew for the inline venturi as a function of Renew following the guidelines in paragraph (e)(7) of this section. Agreement of the fit should be within 1.0% of point. Install the new Cd curve fit in the test cell flow computing device and conduct the propane injection, flow verification test. * * * * * 34. A new section 86.1323-2007 is added to Subpart N to read as follows: Sec. 86.1323-2007 Oxides of nitrogen analyzer calibration. This section describes the initial and periodic calibration of the chemiluminescent oxides of nitrogen analyzer. (a) Prior to introduction into service and at least monthly thereafter, the chemiluminescent oxides of nitrogen analyzer must be checked for NO2 to NO converter efficiency. The Administrator may approve less frequent checks of the converter efficiency. Figure N84-9 is a reference for paragraphs (a) (1) through (11) of this section. (1) Follow good engineering practices for instrument start-up and operation. Adjust the analyzer to optimize performance. (2) Zero the oxides of nitrogen analyzer with zero-grade nitrogen. (3) Connect the outlet of the NOX generator to the sample inlet of the oxides of nitrogen analyzer, which has been set to the most common operating range. (4) Introduce into the NOX generator-analyzer system an NO-in-nitrogen (N2) mixture with an NO concentration equal to approximately 80 percent of the most common operating range. The NO2 content of the gas mixture shall be less than 5 percent of the NO concentration. (5) With the oxides of nitrogen analyzer in the NO mode, record the concentration of NO indicated by the analyzer. (6) Turn on the NOX generator O2 supply and adjust the O2 flow rate so that the NO indicated by the analyzer is about 10 percent less than indicated in paragraph (a)(5) of this section. Record the concentration of NO in this NO + O2 mixture. (7) Switch the NOX generator to the generation mode and adjust the generation rate so that the NO measured by the analyzer is 20 percent of that [[Page 5183]] measured in paragraph (a)(5) of this section. There must be at least 10 percent unreacted NO at this point. Record the concentration of residual NO. (8) Switch the oxides of nitrogen analyzer to the NOX mode and measure total NOX. Record this value. (9) Switch off the NOX generator but maintain gas flow through the system. The oxides of nitrogen analyzer will indicate the NOX in the NO + O2 mixture. Record this value. (10) Turn off the NOX generator O2 supply. The analyzer will now indicate the NOX in the original NO-in-N2 mixture. This value should be no more than 5 percent above the value indicated in paragraph (a)(4) of this section. (11) Calculate the efficiency of the NOX converter by substituting the concentrations obtained into the following equation: [GRAPHIC] [TIFF OMITTED] TR18JA01.019 Where: a = concentration obtained in paragraph (a)(8) of this section, b = concentration obtained in paragraph (a)(9) of this section, c = concentration obtained in paragraph (a)(6) of this section, d = concentration obtained in paragraph (a)(7) of this section. (12) If converter efficiency is not greater than 90 percent, repair the analyzer. The repaired analyzer must achieve a converter efficiency greater than 90 percent before the analyzer may be used. (b) Accuracy. The accuracy at the minimum limit of the NOX analyzer is defined in Sec. 86.1338-2007. In general the analyzer's minimum limit shall be the lowest concentration within a given range, in which it has an accuracy of 2 percent of point. (c) Initial and periodic calibration. Prior to its introduction into service and monthly thereafter, the chemiluminescent oxides of nitrogen analyzer shall be calibrated on all normally used instrument ranges. Use the same flow rate as when analyzing samples. Proceed as follows: (1) Adjust analyzer to optimize performance. (2) Zero the oxides of nitrogen analyzer with zero-grade nitrogen (N2). (3) (i) Calibrate all operating ranges with a minimum of 9 NO-in-N2 calibration gases (e.g., 10, 20, 30, 40, 50, 60, 70, 80, and 90 percent of that range) and one zero-grade N2 gas. Sound engineering judgment shall dictate appropriate spacing and weighting of the calibration points. (ii) For each range calibrated, if all deviations from a least- squares best-fit straight line are within 2 percent of the value at each non-zero data point and within 0.3 percent of full scale on the zero data point, then concentration values may be calculated using the linear calibration equation for that range. If the specified deviations are exceeded for ranges that have a minimum limit of 1 ppm or greater, then the best-fit non-linear equation that represents the data within these deviations may be used to determine concentration values. For ranges that have a minimum limit less than 1 ppm, only a linear or second order non-linear equation that represents the data within these deviations, may be used to determine concentration values. (d) Chemiluminescent NOX analyzer interference check (i.e., quench check). Prior to its introduction into service and at least once per year thereafter, the quench check described in this section shall be performed on CLD NOX analyzers. CO2 and water vapor interfere with the response of a CLD by collisional quenching. The combined quench effect at their highest expected concentrations shall not exceed 2 percent. (1) CO2 quench check procedure: (i) For the procedure described in this paragraph, variations are acceptable provided that they produce equivalent %CO2quench results. Connect a pressure-regulated CO2 span gas to one of the inlets of a three-way valve. Its CO2 concentration should be approximately twice the maximum CO2 concentration expected during testing. The valve must be leak-free, and its wetted parts must be made of a stainless steel or other inert material. Connect a pressure-regulated zero-grade N2 gas to the other inlet of the three-way valve. Connect the single outlet of the valve to the balance-gas port of a properly operating gas divider. Connect a pressure-regulated NO span gas, which has approximately twice the typical NO concentration expected during testing, to the span-port of the gas divider. Configure the gas divider such that nearly equal amounts of the span gas and balance gas are blended with each other. Viscosity corrections shall be applied appropriately to ensure correct mass flow determinations. (ii) With the CO2 flowing to the balance port and the NO flowing to the span port, measure a stable CO2 concentration from the gas divider's outlet with a properly calibrated NDIR analyzer. Record this concentration in percent (%); this is ``%CO2''. This value will be used in the water vapor quench check calculations that are detailed in the following section. After the %CO2 measurement, measure the NO concentration at the gas divider outlet with the CLD analyzer in the NO mode. Record this concentration in ppm; this is ``NOCO2''. Then switch the three-way valve such that 100 percent N2 flows to the balance port inlet. Monitor the CO2 concentration of the gas divider's outlet until its concentration stabilizes at zero. Then measure the stable NO concentration from the gas divider's outlet. Record this value in ppm; this is ``NON2''. Calculate %CO2quench as follows: %CO2quench = (1.00-(NOCO2/NON2)) x 100 (2) Water vapor quench check procedure: (i) For all dry CLD analyzers it must be demonstrated that for the highest expected water vapor concentration (i.e., ``%H2Oexp'' as calculated later in this section), the water removal technique maintains CLD humidity at less than or equal to 5 gwater/kgdry air (or about 0.008 percent H2O), which is 100% RH at 3.9 deg.C and 101.3 kPa. This humidity specification is also equivalent to about 25% RH at 25 deg.C and 101.3 kPa. This may be demonstrated by measuring the temperature at the outlet of a thermal dehumidifier, or by measuring humidity at a point just upstream of the CLD. Humidity of the CLD exhaust might also be measured as long as the only flow into the CLD is the flow out of the dehumidifier. (ii) For all ``wet'' CLD analyzers the following water vapor quench check procedure shall be followed. Measure an NO span gas, which has 90% to 100% of the typical NO expected during testing, using the CLD in the NO mode. Record this concentration in ppm; this is ``NOdry''. Then bubble the same NO span gas through distilled water in a sealed vessel at 25 deg.C 10 deg.C. This temperature specification imposed to ensure that the H2Ovol calculation (refer to (iii) of this section) returns an accurate result. To prevent subsequent condensation, this temperature must also be less than any temperature that the wetted sample will experience between the sealed vessel's outlet and the CLD. Record the vessel's water temperature in deg.C; this is ``Tsat''. Record the vessel's absolute pressure in kPa; this is ``Psat''. Measure the wetted span gas with the CLD, and record this value in ppm; this is ``NOwet''. (iii) Calculations for water quench must consider dilution of the NO span gas with water vapor and scaling of the water vapor concentration to that expected during testing. [[Page 5184]] (A) Calculate the volume fraction of water vapor in the wetted span gas, as H2Ovol = (exp(3.69-(81.28/ Tsat)) + 1.61)/Psat. This calculation approximates some of the thermodynamic properties of water based on the ``1995 Formulation for the Thermodynamic Properties of Ordinary Water Substance for General and Scientific Use'', issued by The International Association for the Properties of Water and Steam (IAPWS). However, this approximation should only be used as prescribed in this section because it is an exponential fit that is accurate for data at 25 deg.C 10 deg.C. Then, assuming a diesel fuel atomic hydrogen to carbon ratio of 1.8, and an intake and dilution air humidity of 75 grains (10.71 gwater/kgdry air or 54.13 percent RH at 25 deg.C and 101.3 kPa), (B) Calculate the maximum percent water vapor expected during testing; as %H2Oexp = (0.90 x %CO2) + 1.69. %CO2 is the value measured during the %CO2 quench check. (C) Calculate the expected wet concentration of NO in ppm; as NOexp = NOdry x (1.00-H2Ovol) (iv) Calculate the percent water vapor quench as: %H2Oquench = ((NOexp-NOwet)/NOexp) x (%H2Oexp/H2Ovol) (3) Add the %CO2quench and the %H2Oquench values. Their sum may not exceed the limit set in paragraph (d). If their sum is greater than this limit, then the CLD instrument may not be used to perform testing unless it is repaired. The analyzer must be shown to pass this quench check after the repair before it may be used for testing. 35. Section 86.1330-90 is amended by revising paragraph (a) to read as follows: Sec. 86.1330-90 Test sequence; general requirements. (a) The test sequence shown in Figure N90-10 shows the major steps of the test procedure, as follows: BILLING CODE 6560-50-P [[Page 5185]] [GRAPHIC] [TIFF OMITTED] TR18JA01.020 BILLING CODE 6560-50-C [[Page 5186]] * * * * * 36. Section 86.1334-84 is amended by revising paragraph (a)(1) and (a)(2) to read as follows: Sec. 86.1334-84 Pre-test engine and dynamometer preparation. (a) * * * (1) Before the cold soak or cool down: (i) Final calibration of the dynamometer and throttle control systems may be performed. These calibrations may consist of steady- state operations and/or actual practice cycle runs, and must be completed before sampling system preconditioning (if applicable). (ii) Conduct sampling system preconditioning for diesel engines (optional for model years prior to 2007) by operating the engine at a condition of rated-speed, 100 percent torque for a minimum of 20 minutes while simultaneously operating the CVS and secondary dilution system and taking particulate matter emissions samples from the secondary dilution tunnel . Particulate sample filters need not be stabilized or weighed, and may be discarded. Filter media may be changed during conditioning as long as the total sampled time through the filters and sampling system exceeds 20 minutes. Flow rates shall be set at the approximate flow rates selected for transient testing. Torque shall be reduced from 100 percent torque while maintaining the rated speed condition as necessary to prevent exceeding the maximum sample zone temperature specifications of Sec. 86.1310-2007. (2) Following sampling system preconditioning cycle, the engine shall be cooled per Sec. 86.1335-90. * * * * * 37. A new section 86.1337-2007 is added to subpart N to read as follows: Sec. 86.1337-2007 Engine dynamometer test run. (a) The following steps shall be taken for each test: (1) Prepare for the cold-start test. (i) For gasoline- and methanol-fueled engines only, evaporative emission canisters shall be prepared for use in this testing in accordance with the procedures specified in Sec. 86.1232-96 (h) or (j). The size of the canisters used for testing shall correspond with the largest canister capacity expected in the range of vehicle applications for each engine. (The Administrator may, at his/her discretion, use a smaller canister capacity.) Attach the evaporative emission canister(s) to the engine, using the canister purge plumbing and controls employed in vehicle applications of the engine being tested. Plug the canister port that is normally connected to the fuel tank. (ii) Prepare the engine, dynamometer, and sampling system. (iii) Change filters, etc., and leak check as necessary. (2) Connect evacuated sample collection bags to the dilute exhaust and dilution air sample collection systems if bag sampling is used. (3) For methanol-fueled vehicles, install fresh methanol and formaldehyde impingers (or cartridges) in the exhaust and dilution air sample systems for methanol and formaldehyde. A single dilution air sample covering the total test period may be utilized for methanol and formaldehyde background. (Background measurements of methanol and formaldehyde may be omitted and concentrations assumed to be zero for calculations in Sec. 86.1344.) (4) Attach the CVS to the engine exhaust system any time prior to starting the CVS. (5) Start the CVS (if not already on), the sample pumps (except for the particulate sample pump(s), if applicable), the engine cooling fan(s), and the data collection system. The heat exchanger of the constant volume sampler (if used), and the heated components of any continuous sampling system(s) (if applicable) shall be preheated to their designated operating temperatures before the test begins. (See Sec. 86.1340(e) for continuous sampling procedures.) (6) Adjust the sample flow rates to the desired flow rates and set the CVS gas flow measuring devices to zero. CFV-CVS sample flow rate is fixed by the venturi design. (7) For engines tested for particulate emissions, carefully install a clean, loaded particulate sample filter cartridge into the filter holder assembly. It is recommended that this be done within the filter stabilization environment, with both ends of the filter holder assembly plugged during transport to the emissions test facility. Install the assembled filter holder into the sample flow line. (8) Follow the manufacturer's instructions for cold starting. Simultaneously start the engine and begin exhaust and dilution air sampling. For petroleum-fueled diesel engines (and natural gas-fueled, liquified petroleum gas-fueled or methanol-fueled diesels, if used) Turn on the hydrocarbon and NOX (and CO and CO2, if continuous) analyzer system integrators (if used), and turn on the particulate sample pumps and indicate the start of the test on the data collection medium. (9) Allow the engine to idle freely with no-load for 241 seconds. This idle period for automatic transmission engines may be interpreted as an idle speed in neutral or park. All other idle conditions shall be interpreted as an idle speed in gear. It is permissible to lug the engine down to curb idle speed during the last 8 seconds of the free idle period for the purpose of engaging dynamometer control loops. (10) Begin the transient engine cycles such that the first non-idle record of the cycle occurs at 251 seconds. The free idle time is included in the 251 seconds. (i) During particulate sampling it must be demonstrated that the ratio of main tunnel flow to particulate sample flow does not change by more than 5.0 percent of its set point value (except for the first 10 seconds of sampling). For double dilution operation, sample flow is the net difference between the flow rate through the sample filters and the secondary dilution air flow rate. (ii) Record flow. If the set flow rate cannot be maintained because of high particulate loading on the filter, the test shall be terminated. The test shall be rerun using a lower sample flow rate or greater dilution. (11) Begin the transient engine cycles such that the first non-idle record of the cycle occurs at 251 seconds. The free idle time is included in the 251 seconds. (12) On the last record of the cycle, cease sampling. Immediately turn the engine off and start a hot-soak timer. Also turn off the particulate sample pumps, the gas flow measuring device(s) and any continuous analyzer system integrator and indicate the end of the test on the data collection medium. Sampling systems should continue to sample after the end of the test cycle until system response times have elapsed. (13) Immediately after the engine is turned off, turn off the engine cooling fan(s) if used. As soon as possible, transfer the ``cold start cycle'' exhaust and dilution air bag samples to the analytical system and process the samples according to Sec. 86.1340. A stabilized reading of the exhaust sample on all analyzers shall be obtained within 20 minutes of the end of the sample collection phase of the test. Analysis of the methanol and formaldehyde samples shall be obtained within 24 hours of the end of the sample collection period. For particulate measurements, carefully remove the filter holder from the sample flow apparatus (14) Allow the engine to soak for 201 minutes. [[Page 5187]] (15) Prepare the engine and dynamometer for the hot start test. (16) Connect evacuated sample collection bags to the dilute exhaust and dilution air sample collection systems. (17) Install fresh methanol and formaldehyde impingers (or capsules) in the exhaust and dilution air sample systems for methanol and formaldehyde. (18) Start the sample pumps (except the particulate sample pump(s), if applicable), the engine cooling fan(s) and the data collection system. The heat exchanger of the constant volume sampler (if used) and the heated components of any continuous sampling system(s) (if applicable) shall be preheated to their designated operating temperatures before the test begins. See Sec. 86.1340(e) for continuous sampling procedures. (19) Adjust the sample flow rates to the desired flow rate and set the CVS gas flow measuring devices to zero. (20) For diesel engines tested for particulate, carefully install a clean, loaded particulate sample filter cartridge in the filter holder assembly and install the filter holder assembly in the sample flow line. (21) Follow the manufacturer's choke and throttle instruction for hot starting. Simultaneously start the engine and begin exhaust and dilution air sampling. For diesel engines, turn on the hydrocarbon and NOX (and CO and CO2, if continuous) analyzer system integrator (if used), indicate the start of the test on the data collection medium, and turn on the particulate sample pump(s). (22) [Reserved] (23) Allow the engine to idle freely with no-load for 241 seconds. The provisions and interpretations of paragraph (a)(9) of this section apply. (24) Begin the transient-engine cycle such that the first non-idle record of the cycle occurs at 251 seconds. The free idle is included in the 251 seconds. (25) On the last record of the cycle, allow sampling system response times to elapse and cease sampling. Turn off the particulate sample pump(s) (if appropriate), the gas flow measuring device(s) and any continuous analyzer system integrator and indicate the end of the test on the data collection medium. (26) As soon as possible, transfer the ``hot start cycle'' exhaust and dilution air bag samples to the analytical system and process the samples according to Sec. 86.1340. A stabilized reading of the exhaust sample on all analyzers shall be obtained within 20 minutes of the end of the sample collection phase of the test. Analyze the methanol and formaldehyde samples within 24 hours. (If it is not possible to perform analysis within 24 hours, the samples should be stored in a cold (approximately 0 deg.C) dark environment until analysis can be performed). For particulate measurements, carefully remove the filter holder assembly. It is recommended that the filter cartridge be transferred to and from the filter stabilization environment within the filter holder assembly with both ends plugged, and that the cartridge be removed from the filter holder assembly within the stabilization environment. Transfer the particulate filter to the stabilization environment for post-test stabilization. Filters may be stabilized in the petri dishes while still within the filter cartridges, or the cartridge tops may be removed for stabilization, or the filters may be entirely removed from the filter cartridges and stabilized in the petri dishes alone. Removal of the filters from the filter cartridges shall only take place within the stabilization environment. (27) The CVS and the engine may be turned off, if desired. (b) The procedure in paragraph (a) of this section is designed for one sample bag for the cold start portion and one for the hot start portion. (c) If a dynamometer test run is determined to be void, corrective action may be taken. The engine may then be allowed to cool (naturally or forced) and the dynamometer test rerun. 38. A new section 86.1338-2007 is added to Subpart N to read as follows: Sec. 86.1338-2007 Emission measurement accuracy. (a) Minimum limit. (1) The minimum limit of an analyzer must be equal to or less than one-half of the average diluted concentration for an engine emitting the maximum amount of the applicable pollutant allowed by the applicable standard. For example, if with a given dilution and sampling system, an engine emitting NOX at the level of the standard (e.g., 0.20 g/bhp-hr NOX) would result in an average NOX concentration of 1.0 ppm in the diluted sample, then the minimum limit for the NOX analyzer must be less than or equal to 0.5 ppm. (2) For the purpose of this section, ``minimum limit'' means the lowest of the following levels: (i) The lowest NOX concentration in the calibration curve for which an accuracy of 2 percent of point has been demonstrated as specified in paragraph (a)(3) of this section; or (ii) Any NOX concentration for which the test facility has demonstrated sufficient accuracy to the Administrator's satisfaction prior to the start of testing, such that it will allow a meaningful determination of compliance with respect to the applicable standard. (3) For determination of the analyzer's minimum limit, a NOX concentration that is less than or equal to one-half of the average NOX concentration determined in paragraph (a)(1) of this section shall be measured by the oxides of nitrogen analyzer following the analyzer's monthly periodic calibration. This measurement must be made to ensure the accuracy of the calibration curve to within 2 percent of point accuracy of the appropriate least- squares fit, at less than or equal to one half of the average expected diluted NOX concentration determined in paragraph (a)(1) of this section. (b) Measurement accuracy--Bag sampling. Analyzers used for bag analysis must be operated such that the measured concentration falls between 15 and 100 percent of full scale, with the following exception: concentrations below 15 percent of full scale may be used if the minimum limit of the analyzer within the range meets the requirement of paragraph (a) of this section. (c) Measurement accuracy--Continuous measurement. (1) Analyzers used for continuous analysis must be operated such that the measured concentration falls between 15 and 100 percent of full scale, with the following exceptions: (i) Concentrations below 15 percent of full scale may be used if the minimum limit of the analyzer within the range meets the requirement of paragraph (a) of this section. (ii) Analyzer response over 100% of full scale may be used if it can be shown that readings in this range are accurate. (2) If the analyzer response exceeds the level allowed by paragraph (c)(1)(ii) of this section, the test must be repeated using a higher range and both results must be reported. The Administrator may waive this requirement. (d) If a gas divider is used, the gas divider shall conform to the accuracy requirements specified in Sec. 86.1314-84(g), and shall be used according to the procedures contained in paragraphs (a) and (b) of this section. 39. Section 86.1339-90 is amended by adding paragraph (h) to read as follows: Sec. 86.1339-90 Particulate filter handling and weighing. * * * * * (h) This section does not apply for tests conducted according to the provisions of Sec. 86.1312-2007. [[Page 5188]] 40. Section 86.1360-2007 is amended by revising the section heading, adding introductory text, and revising paragraphs (b), (e)(2), (e)(3), and (e)(6)(ii), to read as follows: Sec. 86.1360-2007 Supplemental emission test; test cycle and procedures. The test procedures of this subpart N apply for supplemental emission testing, except as specified otherwise in this section. * * * * * (b) Test cycle. (1)(i) The following 13-mode cycle must be followed in dynamometer operation on the test engine: ---------------------------------------------------------------------------------------------------------------- Weighting Mode length Mode number Engine speed Percent load factor (minutes) ---------------------------------------------------------------------------------------------------------------- 1................................... Idle .............. 0.15 4 2................................... A 100 0.08 2 3................................... B 50 0.10 2 4................................... B 75 0.10 2 5................................... A 50 0.05 2 6................................... A 75 0.05 2 7................................... A 25 0.05 2 8................................... B 100 0.09 2 9................................... B 25 0.10 2 10.................................. C 100 0.08 2 11.................................. C 25 0.05 2 12.................................. C 75 0.05 2 13.................................. C 50 0.05 2 ---------------------------------------------------------------------------------------------------------------- (ii) Upon Administrator approval, the manufacturer may use mode lengths other than those listed in paragraph (b)(1)(i) of this section. (2) In addition to the 13 test points identified in paragraph (b)(1) of this section, for engines not certified to a NOX standard or FEL less than1.5 g/bhp-hr, EPA may select, and require the manufacturer to conduct the test using, up to 3 additional test points within the control area (as defined in paragraph (d) of this section). EPA will notify the manufacturer of these supplemental test points in writing in a timely manner before the test. Emissions sampling for the additional test modes must include all regulated gaseous pollutants. Particulate matter does not need to be measured. * * * * * (e) * * * (2) Test sequence. The test must be performed in the order of the mode numbers in paragraph (b)(1) of this section. Where applicable, the EPA-selected test points identified under paragraph (b)(2) of this section must be performed immediately upon completion of mode 13. The engine must be operated for the prescribed time in each mode, completing engine speed and load changes in the first 20 seconds of each mode. The specified speed must be held to within 50 rpm and the specified torque must be held to within plus or minus two percent of the maximum torque at the test speed. (3) Particulate sampling. One filter shall be used for sampling PM over the 13-mode test procedure. The modal weighting factors specified in paragraph (b)(1) of this section shall be taken into account by taking a sample proportional to the exhaust mass flow during each individual mode of the cycle. This can be achieved by adjusting sample flow rate, sampling time, and/or dilution ratio, accordingly, so that the criterion for the effective weighting factors is met. The sampling time per mode must be at least 4 seconds per 0.01 weighting factor. Sampling must be conducted as late as possible within each mode. Particulate sampling shall be completed no earlier than 5 seconds before the end of each mode. * * * * * (6) * * * (ii) For PM measurements, a single filter must be used to measure PM over the 13 modes. The brake-specific PM emission level for the test must be calculated as described for a transient hot start test in Sec. 86.1343. Only the power measured during the sampling period shall be used in the calculation. * * * * * 41. Section 86.1370-2007 is amended by revising paragraphs (a), (b)(6) and (d), removing and reserving paragraph (b)(5), and adding paragraphs (b)(7) and (g) to read as follows: Sec. 86.1370-2007 Not-To-Exceed test procedures. (a) General. The purpose of this test procedure is to measure in- use emissions of heavy-duty diesel engines while operating within a broad range of speed and load points (the Not-To-Exceed Control Area) and under conditions which can reasonably be expected to be encountered in normal vehicle operation and use. Emission results from this test procedure are to be compared to the Not-To-Exceed Limits specified in Sec. 86.007-11 (a)(4), or to later Not-To-Exceed limits. The Not-To- Exceed Limits do not apply for engine starting conditions. (b) * * * (5) [Reserved] (6)(i) For petroleum-fueled diesel cycle engines, the manufacturer may identify particular engine-vehicle combinations and may petition the Administrator at certification to exclude operating points from the Not-to-Exceed Control Area defined in Sec. 86.1370(b)(1) through (5) if the manufacturer can demonstrate that the engine is not capable of operating at such points when used in the specified engine-vehicle combination(s). (ii) For diesel cycle engines that are not petroleum-fueled, the manufacturer may petition the Administrator at certification to exclude operating points from the Not-to-Exceed Control Area defined in Sec. 86.1370(b)(1) through (5) if the manufacturer can demonstrate that the engine is not expected to operate at such points in normal vehicle operation and use. (7) Manufacturers may petition the Administrator to limit NTE testing in a single defined region of speeds and loads. Such a defined region must generally be of elliptical or rectangular shape, and must share some portion of its boundary with the outside limits of the NTE zone. Under this provision testing would not be allowed with sampling periods in which operation within that region constitutes more than 5.0 percent of the time-weighted operation within the sampling period. Approval of this limit by the Administrator is contingent on the manufacturer satisfactorily demonstrating that operation at the [[Page 5189]] speeds and loads within that region accounts for less than 5.0 percent of all in-use operation (weighted by vehicle-miles-traveled or other EPA-approved weightings) for the in-use engines of that configuration (or sufficiently similar engines). At a minimum, this demonstration must include operational data from representative in-use vehicles. * * * * * (d) Not-to-exceed control area limits. (1) When operated within the Not-To-Exceed Control Area defined in paragraph (b) of this section, diesel engine emissions shall not exceed the applicable Not-To-Exceed Limits specified in Sec. 86.007-11(a)(4) when averaged over any period of time greater than or equal to 30 seconds, except where a longer averaging period is required by paragraph (d)(2) of this section. (2) For engines equipped with emission controls that include discrete regeneration events, if a regeneration event occurs during the NTE test, then the averaging period must be at least as long as the time between the events multiplied by the number of full regeneration events within the sampling period. The requirement in this paragraph (d)(2) only applies for engines that send an electronic signal indicating the start of the regeneration event. * * * * * (g) NOX and NMHC aftertreatment warm-up. For engines equipped with one or more aftertreatment devices that reduce NOX or NMHC emissions, the NTE NOX and NMHC emission limits do not apply when the exhaust gas temperature is measured within 12 inches of the outlet of the aftertreatment device and is less the 250 deg.C. For multi-bed systems, it is the temperature at the outlet of the device with the maximum flow rate that determines whether the NTE limits apply. 42. Sec. 86.1803-01 is amended by adding a definition of ``U.S. heavy-duty vehicle sales'' in alphabetical order to read as follows: Sec. 86.1803-01 Definitions. * * * * * U.S. heavy-duty vehicle sales means sales of heavy-duty vehicles subject to the standards of this subpart, where the sale takes place 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). * * * * * 43. Sec. 86.1806-05 is amended by revising paragraphs (b) introductory text, (b)(1), and (l) to read as follows: Sec. 86.1806-05 On-board diagnostics. * * * * * (b) Malfunction descriptions. The OBD system must detect and identify malfunctions in all monitored emission-related powertrain systems or components according to the following malfunction definitions as measured and calculated in accordance with test procedures set forth in subpart B of this part (chassis-based test procedures), excluding those test procedures defined as ``Supplemental'' test procedures in Sec. 86.004-2 and codified in Secs. 86.158, 86.159, and 86.160. (1) Catalysts and particulate traps. (i) Otto-cycle. Catalyst deterioration or malfunction before it results in an increase in NMHC emissions 1.5 times the NMHC standard or FEL, as compared to the NMHC emission level measured using a representative 4000 mile catalyst system. (ii) Diesel. (A) If equipped, catalyst deterioration or malfunction before it results in exhaust emissions exceeding 1.5 times the applicable standard or FEL for NOX or PM. This requirement applies only to reduction catalysts; monitoring of oxidation catalysts is not required. This monitoring need not be done if the manufacturer can demonstrate that deterioration or malfunction of the system will not result in exceedance of the threshold. (B) If equipped with a particulate trap, catastrophic failure of the device must be detected. Any particulate trap whose complete failure results in exhaust emissions exceeding 1.5 times the applicable standard or FEL for NOX or PM must be monitored for such catastrophic failure. This monitoring need not be done if the manufacturer can demonstrate that a catastrophic failure of the system will not result in exceedance of the threshold. * * * * * (l) Phase-in for complete heavy-duty vehicles. Complete heavy-duty vehicles weighing 14,000 pounds GVWR or less that are not Otto-cycle MDPVs must meet the OBD requirements of this section according to the following phase-in schedule, based on the percentage of projected vehicle sales. The 2004 model year requirements in the following phase- in schedule are applicable only to heavy-duty Otto-cycle vehicles where the manufacturer has selected Otto-cycle Option 1 or 2 for alternative 2003 or 2004 compliance according to Sec. 86.004-01(c)(1) or (2). The 2005 through 2007 requirements in the following phase-in schedule apply to all heavy-duty vehicles weighing 14,000 pounds GVWR or less, excluding MDPVs. If the manufacturer has selected Otto-cycle Option 3 it may exempt 2005 model year complete heavy-duty engines and vehicles whose model year commences before July 31, 2004 from the requirements of this section. For the purposes of calculating compliance with the phase-in provisions of this paragraph (l), heavy-duty vehicles subject to the phase-in requirements of this section may be combined with heavy-duty vehicles subject to the phase-in requirements of paragraph Sec. 86.005-17 (k). The phase-in schedule follows: OBD Compliance Phase-in for Complete Heavy-Duty Vehicles Weighing 14,000 Pounds GVWR or Less ------------------------------------------------------------------------ Model year Phase-in based on projected sales ------------------------------------------------------------------------ 2004 MY Applicable only to Otto-cycle engines complying with Options 1 or 2; 40% compliance; alternative fuel waivers available. 2005 MY 60% compliance; alternative fuel waivers available. 2006 MY 80% compliance; alternative fuel waivers available. 2007 MY 80% compliance; alternative fuel waivers available. 2008+ MY 100% compliance. ------------------------------------------------------------------------ 44. A new Sec. 86.1807-07 is added to subpart S to read as follows: [[Page 5190]] Sec. 86.1807-07 Vehicle labeling. Section 86.1807-07 includes text that specifies requirements that differ from those specified in Sec. 86.1807-01. Where a paragraph in Sec. 86.1807-01 is identical and applicable to Sec. 86.1807-07, this may be indicated by specifying the corresponding paragraph and the statement ``[Reserved]. For guidance see Sec. 86.1807-01.''. (a) through (g) [Reserved]. For guidance see Sec. 86.1807-01. (h) Model year 2007 and later diesel-fueled Tier 2 vehicles (certified using a test fuel with 15 ppm sulfur or less), must include permanent readily visible labels on the dashboard (or instrument panel) and near all fuel inlets that state ``Use Low-sulfur Diesel Fuel Only'' or ``Low-sulfur Diesel Fuel Only''. 45. A new Sec. 86.1808-07 is added to subpart S to read as follows: Sec. 86.1808-07 Maintenance instructions. Section 86.1808-07 includes text that specifies requirements that differ from those specified in Sec. 86.1808-01. Where a paragraph in Sec. 86.1808-01 is identical and applicable to Sec. 86.1808-07, this may be indicated by specifying the corresponding paragraph and the statement ``[Reserved]. For guidance see Sec. 86.1808-01.''. (a) through (f) [Reserved]. For guidance see Sec. 86.1808-01. (g) For each new diesel-fueled Tier 2 vehicle (certified using a test fuel with 15 ppm sulfur or less), the manufacturer shall furnish or cause to be furnished to the purchaser a statement that ``This vehicle must be operated only with low sulfur diesel fuel (that is., diesel fuel meeting EPA specifications for highway diesel fuel, including a 15 ppm sulfur cap).''. 46. Section 86.1810-01 is amended by revising the introductory text to read as follows: Sec. 86.1810-01 General standards; increase in emissions; unsafe conditions; waivers. This section applies to model year 2001 and later light-duty vehicles and light-duty trucks fueled by gasoline, diesel, methanol, natural gas and liquefied petroleum gas fuels. This section also applies to MDPVs and complete heavy-duty vehicles certified according to the provisions of this subpart. Multi-fueled vehicles (including dual-fueled and flexible-fueled vehicles) shall comply with all requirements established for each consumed fuel (or blend of fuels in the case of flexible fueled vehicles). The standards of this subpart apply to both certification and in-use vehicles unless otherwise indicated. 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. * * * * * 47. Section 86.1816-05 is amended by revising paragraph (g) to read as follows: Sec. 86.1816-05 Emission standards for complete heavy-duty vehicles. * * * * * (g) Idle exhaust emission standards, complete heavy-duty vehicles. Exhaust emissions of carbon monoxide from 2005 and later model year gasoline, methanol, natural gas-and liquefied petroleum gas-fueled complete heavy-duty vehicles shall not exceed 0.50 percent of exhaust gas flow at curb idle for a useful life of 11 years or 120,000 miles, whichever occurs first. This does not apply for vehicles certified to the requirements of Sec. 86.1806-05 * * * * * 48. A new Sec. 86.1816-08 is added to subpart S, to read as follows: Sec. 86.1816-08 Emission standards for complete heavy-duty vehicles. Section 86.1816-08 includes text that specifies requirements that differ from those specified in Sec. 86.1816-05. Where a paragraph in Sec. 86.1816-05 is identical and applicable to Sec. 86.1816-08, this may be indicated by specifying the corresponding paragraph and the statement ``[Reserved]. For guidance see Sec. 86.1816-05.''. This section applies to 2008 and later model year complete heavy-duty vehicles (excluding MDPVs) fueled by gasoline, methanol, natural gas and liquefied petroleum gas fuels except as noted. Multi-fueled vehicles shall comply with all requirements established for each consumed fuel. For methanol fueled vehicles, references in this section to hydrocarbons or total hydrocarbons shall mean total hydrocarbon equivalents and references to non-methane hydrocarbons shall mean non- methane hydrocarbon equivalents. (a) Exhaust emission standards. (1) Exhaust emissions from 2008 and later model year complete heavy-duty vehicles at and above 8,500 pounds Gross Vehicle Weight Rating but equal to or less than 10,000 Gross Vehicle Weight Rating pounds shall not exceed the following standards at full useful life: (i) [Reserved] (ii) Non-methane hydrocarbons. (A) 0.195 grams per mile; this requirement may be satisfied by measurement of non-methane organic gas or total hydrocarbons, at the manufacturer's option. For alcohol-fueled vehicles, this standard is 0.195 grams per mile NMHCE. (B) A manufacturer may elect to include any or all of its test groups in the NMHC emissions ABT programs for heavy-duty vehicles, within the restrictions described in Sec. 86.1817-05. or Sec. 86.1817- 08. If the manufacturer elects to include test groups in any of these programs, the NMHC FEL may not exceed 0.28 grams per mile. This ceiling value applies whether credits for the family are derived from averaging, banking, or trading. (iii) Carbon monoxide. 7.3 grams per mile. (iv) Oxides of nitrogen. (A)0.2 grams per mile. (B) A manufacturer may elect to include any or all of its test groups in the NOX emissions ABT programs for heavy-duty vehicles, within the restrictions described in Sec. 86.1817-05 or Sec. 86.1817-08. If the manufacturer elects to include test groups in any of these programs, the NOX FEL may not exceed 0.9 grams per mile. This ceiling value applies whether credits for the family are derived from averaging, banking, or trading. (v) Particulate. 0.02 grams per mile. (vi) Formaldehyde. 0.032 grams per mile. (2) Exhaust emissions from 2008 and later model year complete heavy-duty vehicles above 10,000 pounds Gross Vehicle Weight Rating but less than 14,000 pounds Gross Vehicle Weight Rating shall not exceed the following standards at full useful life: (i) [Reserved] (ii) Non-methane hydrocarbons. (A) 0.230 grams per mile; this requirement may be satisfied by measurement of non-methane organic gas or total hydrocarbons, at the manufacturer's option. For alcohol-fueled vehicles, this standard is 0.230 grams per mile NMHCE. (B) A manufacturer may elect to include any or all of its test groups in the NMHC emissions ABT programs for heavy-duty vehicles, within the restrictions described in Sec. 86.1817-05. or Sec. 86.1817- 08. If the manufacturer elects to include test groups in any of these programs, the NMHC FEL may not exceed 0.33 grams per mile. This ceiling value applies whether credits for the family are derived from averaging, banking, or trading. [[Page 5191]] (iii) Carbon monoxide. 8.1 grams per mile. (iv) Oxides of nitrogen. (A)0.4 grams per mile. (B) A manufacturer may elect to include any or all of its test groups in the NOX emissions ABT programs for heavy-duty vehicles, within the restrictions described in Sec. 86.1817-05. or Sec. 86.1817-08. If the manufacturer elects to include test groups in any of these programs, the NOX FEL may not exceed 1.0 grams per mile. This ceiling value applies whether credits for the family are derived from averaging, banking, or trading. (v) Particulate. 0.02 grams per mile. (vi) Formaldehyde. 0.040 grams per mile. (b) [Reserved] (c) [Reserved] (d) Evaporative emissions. Evaporative hydrocarbon emissions from gasoline-fueled, natural gas-fueled, liquefied petroleum gas-fueled, and methanol-fueled complete heavy-duty vehicles shall not exceed the following standards. The standards apply equally to certification and in-use vehicles. The spitback standard also applies to newly assembled vehicles. (1) For the full three-diurnal test sequence, diurnal plus hot soak measurements: 1.4 grams per test. (2) Gasoline and methanol fuel only. For the supplemental two- diurnal test sequence, diurnal plus hot soak measurements: 1.75 grams per test. (3) Gasoline and methanol fuel only. Running loss test: 0.05 grams per mile. (4) Gasoline and methanol fuel only. Fuel dispensing spitback test: 1.0 grams per test. (e) through (h) [Reserved]. For guidance see Sec. 86.1816-05. (i) Phase-in options. (1)(i) For model year 2008, manufacturers may certify some of their test groups to the standards applicable to model year 2008 vehicles under Sec. 86.1816-05, in lieu of the exhaust standards specified in this section. These vehicles must comply with all other requirements applicable to model year 2007 vehicles. The combined number of vehicles in the test groups certified to the 2008 standards may not exceed 50 percent of the manufacturer's U.S. heavy- duty vehicle sales of complete heavy-duty Otto-cycle motor vehicles for model year 2008, except as explicitly allowed by paragraph (i)(2) of this section. (ii) For model year 2008, manufacturers may certify some of their test groups to the evaporative standards applicable to model year 2007 engines under Sec. 86.1816-05, in lieu of the evaporative standards specified in this section. These vehicles must comply with all other requirements applicable to model year 2008 vehicles, except as allowed by paragraph (i)(1)(i) of this section. The combined number of vehicles in the test groups certified to the 2007 standards may not exceed 50 percent of the manufacturer's U.S. heavy-duty vehicle sales of complete heavy-duty Otto-cycle motor vehicles for model year 2008. (2)(i) Manufacturers certifying vehicles to all of the applicable standards listed in paragraph (a) of this section prior to model year 2008 (without using credits) may reduce the number of vehicles that are required to meet the standards listed in paragraph (a) of this section in model year 2008 and/or 2009, taking into account the phase-in option provided in paragraph (i)(1) of this section. For every vehicle that is certified early, the manufacturer may reduce the number of vehicles that are required by paragraph (i)(1) of this section to meet the standards listed in paragraph (a) of this section by one vehicle. For example, if a manufacturer produces 100 heavy-duty Otto-cycle vehicles in 2007 that meet all of the applicable the standards listed in paragraph (a) of this section, and it produced 10,000 heavy-duty Otto- cycle vehicles in 2009, then only 9,900 of the vehicles would need to comply with the standards listed in paragraph (a) of this section. (ii) Manufacturers certifying vehicles to all of the applicable evaporative standards listed in paragraph (d) of this section prior to model year 2008 may reduce the number of vehicles that are required to meet the standards listed in paragraph (d) of this section in model year 2008 and/or 2009, taking into account the phase-in option provided in paragraph (i)(1) of this section. For every vehicle that is certified early, the manufacturer may reduce the number of vehicles that are required by paragraph (i)(1) of this section to meet the evaporative standards listed in paragraph (d) of this section by one vehicle. (3) Manufacturers certifying vehicles to all of the applicable standards listed in paragraph (i)(3)(i) or (ii) of this section (without using credits) and the evaporative standards listed in paragraph (d) of this section prior to model year 2008 may reduce the number of vehicles that are required to meet the standards listed in paragraph (a) of this section in model year 2008 and/or 2009, taking into account the phase-in option provided in paragraph (i)(1)(i) of this section. For every such vehicle that is certified early with sufficiently low emissions, the manufacturer may reduce the number of vehicles that are required by paragraph (i)(1)(i) of this section to meet the standards listed in paragraph (a) of this section by two vehicles. The applicable standards are: (i) For complete heavy-duty vehicles at and above 8,500 pounds Gross Vehicle Weight Rating but equal to or less than 10,000 Gross Vehicle Weight Rating: 0.100 g/mile NMHC, 0.10 g/mile NOX, 3.2 g/mile CO, 0.008 g/mile formaldehyde, and 0.02 g/mile PM. (ii) For complete heavy-duty vehicles at or above 10,000 pounds Gross Vehicle Weight Rating but equal to or less than 14,000 Gross Vehicle Weight Rating: 0.117 g/mile NMHC, 0.20 g/mile NOX, 3.7 g/mile CO, 0.010 g/mile formaldehyde, and 0.02 g/mile PM. (j) (1) For model years prior to 2012, for purposes of determining compliance after title or custody has transferred to the ultimate purchaser, for vehicles meeting the applicable emission standards of this section, the applicable compliance limits shall be determined by adding the applicable adjustment from paragraph (j)(2) of this section to the otherwise applicable standard or FEL. [[Page 5192]] (2) The in-use adjustments are: (i) 0.1 g/bhp-hr for NOX. (ii) 0.100 g/bhp-hr NMHC. (iii) 0.01 g/bhp-hr for PM. 49. A new Sec. 86.1817-08 is added to Subpart S to read as follows: Sec. 86.1817-08 Complete heavy-duty vehicle averaging, trading, and banking program. Section 86.1817-08 includes text that specifies requirements that differ from Sec. 86.1817-05. Where a paragraph in Sec. 86.1817-05 is identical and applicable to Sec. 86.1817-08, this may be indicated by specifying the corresponding paragraph and the statement ``[Reserved]. For guidance see Sec. 86.1817-05.'' (a) through (o) [Reserved]. For guidance see Sec. 86.1817-05. (p) The following provisions apply for model year 2008 and later engines. These provisions apply instead of the provisions of paragraphs Sec. 86.1817-05 (a) through (o) to the extent that they are in conflict. (1) Manufacturers of Otto-cycle vehicles may participate in an NMHC averaging, banking and trading program to show compliance with the standards specified in Sec. 86.1806-08. The generation and use of NMHC credits are subject to the same provisions in paragraphs Sec. 86.1817- 05 (a) through (o) that apply for NOX credits, except as otherwise specified in this section. (2) NOX or NMHC (or NOX plus NMHC) credits may be exchanged between heavy-duty Otto-cycle test groups certified to the engine standards of subpart A of this part and heavy-duty Otto- cycle test groups certified to the chassis standards of this subpart, subject to an 0.8 discount factor (e.g., 100 grams of NOX credits generated from vehicles would be equivalent to 80 grams of NOX credits if they are used in the engine program of subpart A of this part, and vice versa). Credits that were previously discounted when they were banked according to Sec. 86.1817-05(c), are subject to an additional discount factor of 0.888 instead of the 0.8 discount factor otherwise required by this paragraph (p)(2). This results in a total discount of 0.8 (0.9 x 0.888 = 0.8). (3) Credits are to be rounded to the nearest one-hundredth of a Megagram. (4) To calculate credits relative to the NOX standards listed in Sec. 86.1816-08 (a)(1)(iv)(A) or (a)(2)(iv)(A) (0.2 or 0.4 grams per mile, respectively) express the standard and FEL to the nearest one-hundredth of a gram per mile prior to calculating the credits. Thus, either 0.20 or 0.40 should be used as the value for ``Std''. (5) Credits generated for 2008 and later model year test groups are not discounted (except as specified in Sec. 86.1817-05(c) and paragraph (p)(2) of this section), and do not expire. (6) For the purpose of using or generating credits during a phase- in of new standards, a manufacturer may elect to split an test group into two subgroups: one which uses credits and one which generates credits. The manufacturer must indicate in the application for certification that the test group is to be split, and may assign the numbers and configurations of vehicles within the respective subfamilies at any time prior to the submission of the end-of-year report described in Sec. 86.1817-05 (i)(3). Manufacturers certifying a split test group may label all of the vehicles within that test group with the same FELs: either with a NOX FEL and an NMHC FEL, or with a single NOX+NMHC FEL. The FEL(s) on the label will apply for all SEA or other compliance testing. (7) Vehicles meeting all of the applicable standards of Sec. 86.1816-08 prior to model year 2008 may generate NMHC credits for use by 2008 or later test groups. Credits are calculated according to Sec. 86.1817-05(c), except that the applicable FEL cap listed in Sec. 86.1816-08(a)(1)(ii)(B) or (2)(ii)(B) applies instead of ``Std'' (the applicable standard). 50. A new Sec. 86.1824-07 is added to subpart S, to read as follows: [[Page 5193]] Sec. 86.1824-07 Durability demonstration procedures for evaporative emissions. Sec. 86.1824-07 includes text that specifies requirements that differ from those specified in Sec. 86.1824-01. Where a paragraph in Sec. 86.1824-01 is identical and applicable to Sec. 86.1824-07, this may be indicated by specifying the corresponding paragraph and the statement ``[Reserved]. For guidance see Sec. 86.1824-01.''. This section applies to gasoline-, methanol-, natural gas- and liquefied petroleum gas-fueled LDV/Ts, MDPVs, and HDVs. (a) through (f) [Reserved]. For guidance see Sec. 86.1824-01. 51. Sec. 86.1829-01 is amended by revising paragraph (b)(1)(iii)(B) and adding paragraph (b)(1)(iii)(F) to read as follows: Sec. 86.1829-01 Durability and emission testing requirements; waivers. * * * * * (b) * * * (1) * * * (iii)* * * (B) In lieu of testing an Otto-cycle light-duty vehicle, light-duty truck, or heavy-duty vehicle for particulate emissions for certification, 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. * * * * * (F) In lieu of testing a petroleum-fueled heavy-duty vehicle for formaldehyde emissions for certification, 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. * * * * * 52. A new Sec. 86.1863-07 is added to subpart S, to read as follows: Sec. 86.1863-07 Optional chassis certification for diesel vehicles. (a) A manufacturer may optionally certify heavy-duty diesel vehicles under 14,000 pounds GVWR to the standards specified in Sec. 86.1816-08. Such vehicles must meet all requirements of Subpart S that are applicable to Otto-cycle vehicles, except for evaporative, refueling, and OBD requirements. (b) Diesel vehicles optionally certified under this section are subject to the OBD requirements of Sec. 86.005-17. (c) Diesel vehicles optionally certified under this section may be tested using the test fuels, sampling systems, or analytical systems specified for diesel engines in Subpart N of this part. (d) Diesel vehicles optionally certified under this section may not be included in any averaging, banking, or trading program. (e) The provisions of Sec. 86.004-40 apply to the engines in vehicles certified under this section. (f) Diesel vehicles may be certified under this section to the standards applicable to model year 2008 prior to model year 2008. (g) Diesel vehicles optionally certified under this section in model years 2007, 2008, or 2009 shall be included in phase-in calculations specified in Sec. 86.007-11(g). [FR Doc. 01-2 Filed 1-17-01; 8:45 am] BILLING CODE 6560-50-P