[Code of Federal Regulations]
[Title 40, Volume 15]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR85.1705]

[Page 564-565]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 85--CONTROL OF AIR POLLUTION FROM MOBILE SOURCES--Table of Contents
 
 Subpart R--Exclusion and Exemption of Motor Vehicles and Motor Vehicle 
                                 Engines
 
Sec. 85.1705  Testing exemption.

    (a) Any person requesting a testing exemption must demonstrate the 
following:

[[Page 565]]

    (1) That the proposed test program has a purpose which constitutes 
an appropriate basis for an exemption in accordance with section 
203(b)(1);
    (2) That the proposed test program necessitates the granting of an 
exemption;
    (3) That the proposed test program exhibits reasonableness in scope; 
and
    (4) That the proposed test program exhibits a degree of control 
consonant with the purpose of the program and the Environmental 
Protection Agency's (hereafter EPA) monitoring requirements. Paragraphs 
(b), (c), (d), and (e) of this section describe what constitutes a 
sufficient demonstration for each of the four above identified elements.
    (b) With respect to the purpose of the proposed test program, an 
appropriate purpose is one which is consistent with one or more of the 
bases for exemption set forth under section 203(b)(1), namely, research, 
investigations, studies, demonstrations, or training, but not including 
national security. A concise statement of purpose is a required item of 
information.
    (c) With respect to the necessity that an exemption be granted, 
necessity arises from an inability to achieve the stated purpose in a 
practicable manner without performing or causing to be performed one or 
more of the prohibited acts under section 203(a). In appropriate 
circumstances time constraints may be a sufficient basis for necessity, 
but the cost of certification alone, in the absence of extraordinary 
circumstances, is not a basis for necessity.
    (d) With respect to reasonableness, a test program must exhibit a 
duration of reasonable length and affect a reasonable number of vehicles 
or engines. In this regard, required items of information include:
    (1) An estimate of the program's duration;
    (2) The maximum number of vehicles or engines involved; and
    (e) With respect to control, the test program must incorporate 
procedures consistent with the purpose of the test and be capable of 
affording EPA monitoring capability. As a minimum, required items of 
information include:
    (1) The technical nature of the test;
    (2) The site of the test;
    (3) The time or mileage duration of the test;
    (4) The ownership arrangement with regard to the vehicles or engines 
involved in the test;
    (5) The intended final disposition of the vehicles or engines;
    (6) The manner in which vehicle identification numbers or the engine 
serial numbers will be identified, recorded, and made available; and
    (7) The means or procedure whereby test results will be recorded.
    (f) A manufacturer of new motor vehicles or new motor vehicle 
engines may request a testing exemption to cover any vehicles and/or 
engines intended for use in test programs planned or anticipated over 
the course of a subsequent one-year period. Unless otherwise required by 
the Director, Manufacturers Operations Division, a manufacturer 
requesting such an exemption need only furnish the information required 
by paragraphs (a)(1) and (d)(2) of this section along with a description 
of the recordkeeping and control procedures that will be employed to 
assure that the vehicles and/or engines are used for purposes consistent 
with section 203(b)(1).

[39 FR 32611, Sept. 10, 1974, as amended at 45 FR 13733, Mar. 3, 1980; 
47 FR 30484, July 14, 1982]