40 CFR 86.094-28 - Compliance with emission standards.

§ 86.094-28 Compliance with emission standards.
(a)
(1) -(2) [Reserved]
(3) Since it is expected that emission control efficiency will change with mileage accumulation on the vehicle, the emission level of a vehicle which has accumulated mileage equal to the specified useful life will be used as the basis for determining compliance with the standard (or family particulate emission limit, as appropriate).
(4)
(i)
(A) The applicable results to be used, unless excluded by paragraph (a)(4)(i)(A)(4) of this section, in determining the exhaust emission deterioration factors for each engine-system combination shall be those described in paragraphs (a)(4)(i)(A) (1) through (3) of this section.
(1) All valid exhaust emission data from the tests required under § 86.094-26(a)(4) except the zero-mile tests. This shall include the official test results, as determined in § 86.094-29 for all tests conducted on all durability data vehicles of the combination selected under § 86.094-24(c) (including all vehicles elected to be operated by the manufacturer under § 86.094-24(c)(1)(ii)).
(2) All exhaust emission data from the tests conducted before and after the scheduled maintenance provided in § 86.094-25.
(3) All exhaust emission data from tests required by maintenance approved under § 86.094-25, in those cases where the Administrator conditioned his approval for the performance of such maintenance on the inclusion of such data in the deterioration factor calculation.
(4) The manufacturer has the option of applying an outlier test point procedure to completed durability data within its certification testing program for a given model year. The outlier procedure will be specified by the Administrator. For any pollutant, durability data test points that are identified as outliers shall not be included in the determination of deterioration factors if the manufacturer has elected this option. The manufacturer shall specify to the Administrator before the certification of the first engine family for that model year, if it intends to use the outlier procedure. The manufacturer may not change procedures after the first engine family of the model year is certified. Where the manufacturer chooses to apply both the outlier procedure and averaging (as allowed under § 86.094-26(a)(6)(i)) to the same data set, the outlier procedure shall be completed prior to applying the averaging procedure.
(B) (1) Line crossing. For each exhaust constituent to which a standard in § 86.094-8 applies, all applicable exhaust emission results shall be rounded to the nearest mile and plotted as a function of the mileage on the system. The best fit straight line, fitted by the method of least squares, shall be drawn through all these data points. The data for a given exhaust constituent will be acceptable for use in the calculation of deterioration factors only if the first official test point as determined in § 86.094-26(a)(4)(i)(C), the interpolated intermediate useful life mile point, and the interpolated full useful life mile point on this line, as applicable, are each less than or equal to the respective low-altitude standards provided in § 86.094-8. An exception to this where data are still acceptable is when a best fit straight line crosses an applicable standard but no data points exceeded the standard. This exception shall not apply when mileage accumulation has been curtailed before the durability useful life has been reached, under the provisions of § 86.094-26(a)(4)(i)(B).
(2) Exhaust deterioration factor determination. Multiplicative exhaust emission deterioration factors shall be calculated for each standard and for each engine-system combination from points on the regression line derived in paragraph (a)(4)(i)(B)(1) of this section, and in accordance with paragraphs (a)(4)(i)(B)(2) (i) and (ii) of this section.
(i) Factor=Exhaust emissions at the useful life mileage for that standard divided by exhaust emissions at 4,000 miles.
(ii) [Reserved]
(iii) When calculating intermediate and full useful life deterioration factors all data points should be included in the calculations, except that total hydrocarbon (THC) test points beyond the 50,000-mile (useful life) test point shall not be included in the calculations.
(iv) The calculation specified in paragraph (a)(4)(i)(B)(2) of this section may be modified with advance approval of the Administrator for engine-system combinations which are certified under the Alternative Service Accumulation Durability Program specified in § 86.094-13(e).
(ii) -(iii) [Reserved]
(iv) Every test vehicle of an engine family must comply with the exhaust emission standards (or the family particulate emission limit, as appropriate), as determined in paragraph (a)(4)(iii) of this section, before any vehicle in that family may be certified.
(5) If a manufacturer chooses to change the level of any family particulate emission limit(s) in the particulate averaging program, compliance with the new limit(s) must be based upon existing certification data.
(6) If a manufacturer chooses to participate in the diesel particulate averaging program, the production-weighted average of the family particulate emission limits of all affected engine families must comply with the particulate standards in § 86.094-8(a)(1)(iv), or the composite particulate standard defined in § 86.094-2, as appropriate, at the end of the production year.
(7)
(i) [Reserved]
(ii) The deterioration factors for each engine family group shall be determined by the Administrator using historical durability data from as many as three previous model years. These data will consist of deterioration factors generated by durability data vehicles representing certified engine families and of deterioration factors from vehicles selected under § 86.094-24(h) . The Administrator shall determine how these data will be combined for each engine family group.
(A) The test result to be used in the calculation of each deterioration factor to be combined for each engine family group shall be those test results specified in paragraph (a)(4)(i)(A) of this section.
(B) For each durability data vehicle selected under § 86.094-24(h), all applicable exhaust emission results shall be plotted as a function of the mileage on the system rounded to the nearest mile, and the best fit straight lines, fitted by method of least squares, shall be drawn through all these data points. The exhaust deterioration factor for each durability data vehicle shall be calculated as specified in paragraph (a)(4)(i)(B) of this section.
(C) Line-crossing. The line-crossing criteria of § 86.094-28 (a)(4)(i)(B) apply.
(1) The Administrator will not accept for certification line-crossing data from preproduction durability data vehicles selected under § 86.094-24(c).
(2) The Administrator will not accept for certification line-crossing data from production durability data vehicles selected under § 86.094-24(h)(1) unless the 4,000-mile test result multiplied by the engine family group deterioration factor does not exceed the applicable emission standards. The deterioration factors used for this purpose shall be those that were used in the certification of the production vehicle. Manufacturers may calculate this product immediately after the 4,000-mile test of the vehicle. If the product exceeds the applicable standards, the manufacturer may, with the approval of the Administrator, discontinue the vehicle and substitute a new vehicle. The manufacturer may continue the original vehicle, but the data will not be acceptable if line crossing occurs.
(b)
(1) -(2) [Reserved]
(3) Since emission control efficiency generally decreases with the accumulation of mileage on the vehicle, deterioration factors will be used in combination with emission data vehicle test results as the basis for determining compliance with the standards (or family emission limits, as appropriate).
(4)
(i) Paragraph (b)(4) of this section describes the procedure for determining compliance of a new vehicle with exhaust emission standards (or family emission limits, as appropriate), based on deterioration factors. If the manufacturer certifies under the Standard Self-Approval Program as specified in § 86.094-13(f), the manufacturer supplies the deterioration factors. If the manufacturer certifies under the Alternative Service Accumulation Durability Program as specified in § 86.094-13(e), the applicable procedure for the determination of deterioration factors for light-duty trucks is the same as that described in paragraph (a)(4) of this section for light-duty vehicles.
(ii) [Reserved]
[58 FR 4025, Jan. 12, 1993, as amended at 75 FR 22978, Apr. 30, 2010]

Title 40 published on 2013-07-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE

§ 7401 - Congressional findings and declaration of purpose

§ 7402 - Cooperative activities

§ 7403 - Research, investigation, training, and other activities

§ 7404 - Research relating to fuels and vehicles

§ 7405 - Grants for support of air pollution planning and control programs

§ 7406 - Interstate air quality agencies; program cost limitations

§ 7407 - Air quality control regions

§ 7408 - Air quality criteria and control techniques

§ 7409 - National primary and secondary ambient air quality standards

§ 7410 - State implementation plans for national primary and secondary ambient air quality standards

§ 7411 - Standards of performance for new stationary sources

§ 7412 - Hazardous air pollutants

§ 7413 - Federal enforcement

§ 7414 - Recordkeeping, inspections, monitoring, and entry

§ 7415 - International air pollution

§ 7416 - Retention of State authority

§ 7417 - Advisory committees

§ 7418 - Control of pollution from Federal facilities

§ 7419 - Primary nonferrous smelter orders

§ 7420 - Noncompliance penalty

§ 7421 - Consultation

§ 7422 - Listing of certain unregulated pollutants

§ 7423 - Stack heights

§ 7424 - Assurance of adequacy of State plans

§ 7425 - Measures to prevent economic disruption or unemployment

§ 7426 - Interstate pollution abatement

§ 7427 - Public notification

§ 7428 - State boards

§ 7429 - Solid waste combustion

§ 7430 - Emission factors

§ 7431 - Land use authority

§ 7450 to 7459 - Repealed.

§ 7470 - Congressional declaration of purpose

§ 7471 - Plan requirements

§ 7472 - Initial classifications

§ 7473 - Increments and ceilings

§ 7474 - Area redesignation

§ 7475 - Preconstruction requirements

§ 7476 - Other pollutants

§ 7477 - Enforcement

§ 7478 - Period before plan approval

§ 7479 - Definitions

§ 7491 - Visibility protection for Federal class I areas

§ 7492 - Visibility

§ 7501 - Definitions

§ 7502 - Nonattainment plan provisions in general

§ 7503 - Permit requirements

§ 7504 - Planning procedures

§ 7505 - Environmental Protection Agency grants

§ 7505a - Maintenance plans

§ 7506 - Limitations on certain Federal assistance

§ 7506a - Interstate transport commissions

§ 7507 - New motor vehicle emission standards in nonattainment areas

§ 7508 - Guidance documents

§ 7509 - Sanctions and consequences of failure to attain

§ 7509a - International border areas

§ 7511 - Classifications and attainment dates

§ 7511a - Plan submissions and requirements

§ 7511b - Federal ozone measures

§ 7511c - Control of interstate ozone air pollution

§ 7511d - Enforcement for Severe and Extreme ozone nonattainment areas for failure to attain

§ 7511e - Transitional areas

§ 7511f - NO

§ 7512 - Classification and attainment dates

§ 7512a - Plan submissions and requirements

§ 7513 - Classifications and attainment dates

§ 7513a - Plan provisions and schedules for plan submissions

§ 7513b - Issuance of RACM and BACM guidance

§ 7514 - Plan submission deadlines

§ 7514a - Attainment dates

§ 7515 - General savings clause

§ 7521 - Emission standards for new motor vehicles or new motor vehicle engines

§ 7522 - Prohibited acts

§ 7523 - Actions to restrain violations

§ 7524 - Civil penalties

§ 7525 - Motor vehicle and motor vehicle engine compliance testing and certification

§ 7541 - Compliance by vehicles and engines in actual use

§ 7542 - Information collection

§ 7543 - State standards

§ 7544 - State grants

§ 7545 - Regulation of fuels

§ 7546 - Renewable fuel

§ 7547 - Nonroad engines and vehicles

§ 7548 - Study of particulate emissions from motor vehicles

§ 7549 - High altitude performance adjustments

§ 7550 - Definitions

§ 7551 - Omitted

§ 7552 - Motor vehicle compliance program fees

§ 7553 - Prohibition on production of engines requiring leaded gasoline

§ 7554 - Urban bus standards

§ 7571 - Establishment of standards

§ 7572 - Enforcement of standards

§ 7573 - State standards and controls

§ 7574 - Definitions

§ 7581 - Definitions

§ 7582 - Requirements applicable to clean-fuel vehicles

§ 7583 - Standards for light-duty clean-fuel vehicles

§ 7584 - Administration and enforcement as per California standards

§ 7585 - Standards for heavy-duty clean-fuel vehicles (GVWR above 8,500 up to 26,000 lbs.)

§ 7586 - Centrally fueled fleets

§ 7587 - Vehicle conversions

§ 7588 - Federal agency fleets

§ 7589 - California pilot test program

§ 7590 - General provisions

§ 7601 - Administration

§ 7602 - Definitions

§ 7603 - Emergency powers

§ 7604 - Citizen suits

§ 7605 - Representation in litigation

§ 7606 - Federal procurement

§ 7607 - Administrative proceedings and judicial review

§ 7608 - Mandatory licensing

§ 7609 - Policy review

§ 7610 - Other authority

§ 7611 - Records and audit

§ 7612 - Economic impact analyses

§ 7613 - Repealed.

§ 7614 - Labor standards

§ 7615 - Separability

§ 7616 - Sewage treatment grants

§ 7617 - Economic impact assessment

§ 7618 - Repealed.

§ 7619 - Air quality monitoring

§ 7620 - Standardized air quality modeling

§ 7621 - Employment effects

§ 7622 - Employee protection

§ 7623 - Repealed.

§ 7624 - Cost of vapor recovery equipment

§ 7625 - Vapor recovery for small business marketers of petroleum products

42 U.S. Code § 7625–1 - Exemptions for certain territories

§ 7625a - Statutory construction

§ 7626 - Authorization of appropriations

§ 7627 - Air pollution from Outer Continental Shelf activities

§ 7628 - Demonstration grant program for local governments

§ 7641 - Noise abatement

§ 7642 - Authorization of appropriations

§ 7651 - Findings and purposes

§ 7651a - Definitions

§ 7651b - Sulfur dioxide allowance program for existing and new units

§ 7651c - Phase I sulfur dioxide requirements

§ 7651d - Phase II sulfur dioxide requirements

§ 7651e - Allowances for States with emissions rates at or below 0.80 lbs/mmBtu

§ 7651f - Nitrogen oxides emission reduction program

§ 7651g - Permits and compliance plans

§ 7651h - Repowered sources

§ 7651i - Election for additional sources

§ 7651j - Excess emissions penalty

§ 7651k - Monitoring, reporting, and recordkeeping requirements

42 U.S. Code § -

§ 7651m - Enforcement

§ 7651n - Clean coal technology regulatory incentives

42 U.S. Code § -

§ 7661 - Definitions

§ 7661a - Permit programs

§ 7661b - Permit applications

§ 7661c - Permit requirements and conditions

§ 7661d - Notification to Administrator and contiguous States

§ 7661e - Other authorities

§ 7661f - Small business stationary source technical and environmental compliance assistance program

§ 7671 - Definitions

§ 7671a - Listing of class I and class II substances

§ 7671b - Monitoring and reporting requirements

§ 7671c - Phase-out of production and consumption of class I substances

§ 7671d - Phase-out of production and consumption of class II substances

§ 7671e - Accelerated schedule

§ 7671f - Exchange authority

§ 7671g - National recycling and emission reduction program

§ 7671h - Servicing of motor vehicle air conditioners

§ 7671i - Nonessential products containing chlorofluorocarbons

§ 7671j - Labeling

§ 7671k - Safe alternatives policy

42 U.S. Code § -

§ 7671m - Relationship to other laws

§ 7671n - Authority of Administrator

42 U.S. Code § -

§ 7671p - International cooperation

§ 7671q - Miscellaneous provisions