40 CFR 86.1917 - How does in-use testing under this subpart relate to the emission-related warranty in Section 207(a)(1) of the Clean Air Act?
(a) An exceedance of the NTE found through the in-use testing program under this subpart is not by itself sufficient to show a breach of warranty under Clean Air Act section 207(a)(1) ( 42 U.S.C. 7541(a)(1)). A breach of warranty would also require one of the following things:
(1) That, at the time of sale, the engine or vehicle was designed, built, and equipped in a manner that does not conform in all material respects reasonably related to emission controls to the engine as described in the application for certification and covered by the certificate; or
(b) To the extent that in-use NTE testing does not reveal such a material deficiency at the time of sale in the design or manufacture of an engine compared with the certified engine, or a defect in the materials and workmanship of a component or part, test results showing an exceedance of the NTE by itself would not show a breach of the warranty under 42 U.S.C. 7541(a)(1).
(a) Send us electronic reports at email@example.com using an approved information format. If you want to use a different format, send us a written request with justification.
(b) Within 45 days after the end of each calendar quarter, send us reports containing the test data from each engine for which testing was completed during the calendar quarter. Alternatively, you may separately send us the test data within 30 days after you complete testing for an engine. If you request it, we may allow additional time to send us this information. Once you send us information under this section, you need not send that information again in later reports. Prepare your test reports as follows:
(1) For each engine family, describe how you recruited vehicles. Describe how you used any criteria or thresholds to narrow your search or to screen individual vehicles.
(2) Include a summary of the candidate vehicles you have rejected and the reasons you rejected them, whether you base the rejection on the criteria in § 86.1908(a) or anything else. If you rejected a candidate vehicle due to misfueling, included the results of any fuel sample tests.
(3) For the test vehicle, include the following background information:
(i) The EPA engine-family designation, and the engine's model number, total displacement, and power rating.
(ii) The applicable test phase (Phase 1 or Phase 2).
(iii) The date EPA selected the engine family for testing.
(iv) The vehicle's make and model and the year it was built.
(v) The vehicle identification number and engine serial number.
(vi) The vehicle's type or application (such as delivery, line haul, or dump truck). Also, identify the type of trailer, if applicable.
(vii) The vehicle's maintenance and use history.
(ix) Any OBD codes or MIL illumination that occur after you accept the vehicle for in-use testing under this subpart.
(x) Any steps you take to maintain, adjust, modify, or repair the vehicle or its engine to prepare for or continue testing, including actions to address OBD trouble codes or MIL illumination. Include any steps you took to drain and refill the vehicle's fuel tank(s) to correct misfueling, and the results of any fuel test conducted to identify misfueling.
(4) For each test, include the following data and measurements:
(i) The date and time of testing, and the test number.
(ii) Shift-days of testing (see § 86.1910 (g)), duration of testing, and the total hours of non-idle operation.
(iii) Route and location of testing. You may base this description on the output from a global-positioning system.
(iv) The steps you took to ensure that vehicle operation during testing was consistent with normal operation and use, as described in § 86.1910(e).
(vi) The vehicle's mileage at the start of the test. Include the engine's total lifetime hours of operation, if available.
(vii) Ambient temperature, dewpoint, and atmospheric pressure at the start and finish of each valid NTE event.
(viii) The number of valid NTE events (see § 86.1912(b)).
(ix) Average emissions for each pollutant over each valid NTE event. Describe the method you used to determine NMHC as specified in 40 CFR part 1065, subpart J. See appendix I of this subpart for an example of graphically summarizing NTE emission results.
(x) Exhaust-flow measurements.
(xi) Vehicle-pass ratios (see § 86.1912(d)).
(xii) Recorded one-hertz test data, including, but not limited to, the following parameters:
(A) Ambient temperature.
(B) Ambient pressure.
(C) Ambient humidity.
(E) Emissions of THC, NMHC, CO, CO2 or O2, and NOX (as appropriate). Report results for PM if it was measured in a manner that provides one-hertz test data. Report results for CH4 if it was measured and used to determine NMHC.
(F) Differential back-pressure of any PEMS attachments to vehicle exhaust.
(G) Exhaust flow.
(H) Exhaust aftertreatment temperatures, if the engine meets the specifications of § 86.1370-2007(g).
(I) Engine speed.
(J) Engine brake torque.
(K) Engine coolant temperature.
(L) Intake manifold temperature.
(M) Intake manifold pressure.
(N) Throttle position.
(O) Any parameter sensed or controlled in order to modulate the emission-control system or fuel-injection timing.
(5) For each engine family, identify the applicable requirements, as follows:
(i) The applicable NTE thresholds.
(ii) Vehicle and engine information needed to identify the limited testing regions under § 86.1370-2007(b)(6) and (7).
(iii) Vehicle and engine information needed to identify any approved NTE deficiencies under § 86.007-11(a)(4)(iv).
(6) Include the following summary information after you complete testing with the engine:
(ii) Identify how many engines you have tested from the applicable engine family and how many engines still need to be tested.
(iii) Identify how many engines from an engine family have passed the vehicle-pass criteria and the number that have failed the vehicle-pass criteria (see § 86.1912(f)).
(c) In your reports under this section, you must do all the following:
(1) Include results from all emission testing required under this subpart.
(2) Describe if any testing or evaluations were conducted to determine why a vehicle failed the vehicle-pass criteria in § 86.1912.
(3) Describe the purpose of any diagnostic procedures you conduct.
(4) Describe any instances in which the OBD system illuminated the MIL or set trouble codes. Also describe any approved actions taken to address the trouble codes or MIL.
(5) Describe any instances of misfueling, the approved actions taken to address the problem, and the results of any associated fuel sample testing.
(6) Describe any incomplete or invalid tests that were conducted under this subpart.
(d) Send us an electronic notification at firstname.lastname@example.org describing any voluntary vehicle/engine emission evaluation testing you intend to conduct with portable in-use measurement systems on the same engine families that are being tested under this subpart, from the time that engine family was selected for in-use testing under § 86.1905 until the final results of all testing for that engine family are reported to us under this section.
(e) Send us an electronic notification at email@example.com within 15 days after your initial review of the test data for a selected engine family indicates that three engines in Phase 1 testing have failed to comply with the vehicle-pass criteria. Similarly, send us an electronic notification at the above electronic address within 3 days after your initial review of the test data for a selected engine family indicates that any engine in Phase 2 testing failed to comply with the vehicle-pass criteria.
(f) We may ask you to send us less information in your reports than we specify in this section.
(g) We may require you to send us more information to evaluate whether your engine family meets the requirements of this part, or to help inform potential decisions concerning Phase 2 testing under § 86.1915.