[Code of Federal Regulations]
[Title 40, Volume 16]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR86.000-28]

[Page 26-29]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 86--CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES--Table of Contents
 
  Subpart A--General Provisions for Emission Regulations for 1977 and 
 
Sec. 86.000-28   Compliance with emission standards.

    Section 86.000-28 includes text that specifies requirements that 
differ from Sec. 86.094-28 or Sec. 86.098-28. Where a paragraph in 
Sec. 86.094-28 or Sec. 86.098-28 is identical and applicable to 
Sec. 86.000-28, this may be indicated by specifying the corresponding 
paragraph and the statement ``[Reserved]. For guidance see Sec. 86.094-
28.'' or ``[Reserved]. For guidance see Sec. 86.098-28.''
    (a)(1) This paragraph (a) applies to light duty vehicles.
    (2) Each exhaust, evaporative and refueling emission standard (and 
family particulate emission limits, as appropriate) of Sec. 86.000-8 
applies to the emissions of vehicles for the appropriate useful life as 
defined in Secs. 86.000-2 and 86.000-8.
    (a)(3) [Reserved]. For guidance see Sec. 86.094-28.
    (a)(4) Introductory text [Reserved]. For guidance see Sec. 86.098-
28.
    (a)(4)(i) Separate emission deterioration factors for each regulated 
exhaust constituent shall be determined from the FTP exhaust emission 
results of the durability-data vehicle(s) for each engine-system 
combination. Unless the Administrator approves a manufacturer's request 
to develop specific deterioration factors for US06 and air conditioning 
(SC03) test results, applicable FTP deterioration factors will also be 
used to estimate intermediate and full useful life emissions for all 
SFTP regulated emission levels. Separate evaporative and/or refueling 
emission deterioration factors shall be determined for each evaporative/
refueling emission family-emission control system combination from the 
testing conducted by the manufacturer (gasoline-fueled and methanol-
fueled vehicles only). Separate refueling emission deterioration factors 
shall be determined for each evaporative/refueling emission family-
emission control system combination from the testing conducted by the 
manufacturer (petroleum-fueled diesel cycle vehicles not certified under 
the provisions of Sec. 86.098-28(g) only).
    (a)(4)(i)(A) through (a)(4)(i)(B)(2)(i) [Reserved]. For guidance see 
Sec. 86.094-28.
    (a)(4)(i)(B)(2)(ii) These interpolated values shall be carried out 
to a minimum of four places to the right of the decimal point before 
dividing one by the other to determine the deterioration factor. The 
results shall be rounded to three places to the right of the decimal 
point in accordance with the Rounding-Off Method specified in ASTM E29-
90, Standard Practice for Using Significant Digits in Test Data to 
Determine Conformance with Specifications (incorporated by reference; 
see Sec. 86.1).
    (a)(4)(i)(B)(2)(iii) through (a)(4)(i)(B)(2)(iv) [Reserved]. For 
guidance see Sec. 86.094-28.
    (a)(4)(i)(C) through (a)(4)(i)(D)(2) [Reserved]. For guidance see 
Sec. 86.098-28.
    (a)(4)(ii)(A)(1) The official exhaust emission test results for each 
applicable exhaust emission standard for each emission data vehicle at 
the selected test point shall be multiplied by the appropriate 
deterioration factor: Provided, that if a deterioration factor as 
computed in paragraph (a)(4)(i)(B)(2)(ii) of this section is less than 
one, that deterioration factor shall be one for the purposes of this 
paragraph. For the SFTP composite standard of (NMHC+NOX), the 
measured results of

[[Page 27]]

NMHC and NOX must each be multiplied by their corresponding 
deterioration factors before the composite (NMHC+NOX) 
standard is calculated.
    (2) The calculation specified in paragraph (a)(4)(ii)(A)(1) 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 Sec. 86.094-13(e).
    (a)(4)(ii)(B) through (a)(4)(ii)(C) [Reserved]. For guidance see 
Sec. 86.098-28.
    (a)(4)(iii) The emissions to compare with the standard (or the 
family particulate emission limit, as appropriate) shall be the adjusted 
emissions of Sec. 86.098-28 (a)(4)(ii)(B) and (C) and paragraph 
(a)(4)(ii)(A) of this section 211a for each emission-data vehicle. For 
the SFTP composite (NMHC+NOX) results, the individual 
deterioration factors must be applied to the applicable NMHC and 
NOX test results prior to calculating the adjusted composite 
(NMHC+NOX) level that is compared with the standard. The 
additional composite calculations that are required by the SFTP are 
discussed in Sec. 86.164-00 (Supplemental federal test procedure 
calculations). Before any emission value is compared with the standard 
(or the family particulate emission limit, as appropriate), it shall be 
rounded to two significant figures in accordance with the Rounding-Off 
Method specified in ASTM E29-90, Standard Practice for Using Significant 
Digits in Test Data to Determine Conformance with Specifications 
(incorporated by reference; see Sec. 86.1). The rounded emission values 
may not exceed the standard (or the family particulate emission limit, 
as appropriate).
    (a)(4)(iv) [Reserved]. For guidance see Sec. 86.094-28.
    (a)(4)(v) [Reserved]. For guidance see Sec. 86.098-28.
    (a)(5) through (a)(6) [Reserved]. For guidance see Sec. 86.094-28.
    (a)(7) introductory text [Reserved]. For guidance see Sec. 86.098-
28.
    (a)(7)(i) Separate deterioration factors shall be determined from 
the exhaust emission results of the durability data vehicles for each 
emission standard applicable under Sec. 86.000-8, for each engine family 
group. Unless the Administrator approves a manufacturer's request to 
develop specific deterioration factors for US06 and air conditioning 
(SC03) test results, applicable deterioration factors determined from 
FTP exhaust emission results will also be used to estimate intermediate 
and full useful life emissions for all SFTP regulated emission levels. 
The evaporative and/or refueling emission deterioration factors for each 
evaporative/refueling family will be determined and applied in 
accordance with Sec. 86.098-28 (a)(4) introductory text, (a)(4)(i)(C) 
and (D), (a)(4)(ii)(B) and (C), and (a)(4)(v) and Sec. 86.094-28 
(a)(4)(i)(A) through (a)(4)(i)(B)(2)(i), (a)(4)(i)(B)(2)(iii) and (iv), 
and (a)(4)(iv) and paragraphs (a)(4) (i) introductory, 
(a)(4)(i)(B)(2)(ii), (a)(4)(ii)(A), and (a)(4)(iii) of this section.
    (a)(7)(ii) through (b)(4)(i) [Reserved]. For guidance see 
Sec. 86.094-28.
    (b)(4)(ii) Separate exhaust emission deterioration factors for each 
regulated exhaust constituent, determined from tests of vehicles, 
engines, subsystems, or components conducted by the manufacturer, shall 
be supplied for each standard and for each engine-system combination. 
Unless the Administrator approves a manufacturer's request to develop 
specific deterioration factors for US06 and air conditioning (SC03) test 
results, applicable deterioration factors determined from FTP exhaust 
emission results will also be used to estimate intermediate and full 
useful life emissions for all SFTP regulated emission levels.
    (iii) The official exhaust emission results for each applicable 
exhaust emission standard for each emission data vehicle at the selected 
test point shall be adjusted by multiplication by the appropriate 
deterioration factor. However, if the deterioration factor supplied by 
the manufacturer is less than one, it shall be one for the purposes of 
this paragraph (b)(4)(iii).
    (iv) The emissions to compare with the standard(s) (or the family 
particulate emission limit, as appropriate) shall be the adjusted 
emissions of paragraph (b)(4)(iii) of this section for each emission-
data vehicle. For the SFTP composite (NMHC+NOX) results, the 
individual deterioration factors must be applied to the applicable NMHC 
and

[[Page 28]]

NOX test results prior to calculating the adjusted composite 
(NMHC+NOX) level that is compared with the standard. The 
additional composite calculations that are required by the SFTP are 
discussed in Sec. 86.164-00 (Supplemental federal test procedure 
calculations). Before any emission value is compared with the standard, 
it shall be rounded to two significant figures in accordance with the 
Rounding-Off Method specified in ASTM E29-90, Standard Practice for 
Using Significant Digits in Test Data to Determine Conformance with 
Specifications (incorporated by reference; see Sec. 86.1).
    (5)(i) Paragraphs (b)(5)(i) (A) and (B) of this section apply only 
to manufacturers electing to participate in the particulate averaging 
program.
    (A) If a manufacturer chooses to change the level of any family 
particulate emission limit(s), compliance with the new limit(s) must be 
based upon existing certification data.
    (B) The production-weighted average of the family particulate 
emission limits of all applicable engine families, rounded to two 
significant figures in accordance with the Rounding-Off Method specified 
in ASTM E29-90, Standard Practice for Using Significant Digits in Test 
Data to Determine Conformance with Specifications (incorporated by 
reference; see Sec. 86.1), must comply with the particulate standards in 
Sec. 86.099-9 (a)(1)(iv) or (d)(1)(iv), or the composite particulate 
standard as defined in Sec. 86.094-2, as appropriate, at the end of the 
product year.
    (ii) Paragraphs (b)(5)(ii) (A) and (B) of this section apply only to 
manufacturers electing to participate in the NOX averaging 
program.
    (A) If a manufacturer chooses to change the level of any family 
NOX emission limit(s), compliance with the new limit(s) must 
be based upon existing certification data.
    (B) The production-weighted average of the family FTP NOX 
emission limits of all applicable engine families, rounded to two 
significant figures in accordance with the Rounding-Off Method specified 
in ASTM E29-90, Standard Practice for Using Significant Digits in Test 
Data to Determine Conformance with Specifications (incorporated by 
reference; see Sec. 86.1), must comply with the NOX standards 
of Sec. 86.099-9(a)(1)(iii) (A) or (B), or the composite NOX 
standard as defined in Sec. 86.094-2, at the end of the product year.
    (b)(6) [Reserved]
    (b)(7)(i) through (b)(7)(iii) [Reserved]. For guidance see 
Sec. 86.094-28.
    (b)(7)(iv) The emission value for each evaporative emission data 
vehicle to compare with the standards shall be the adjusted emission 
value of Sec. 86.094-28 (b)(7)(iii) rounded to two significant figures 
in accordance with the Rounding-Off Method specified in ASTM E29-90, 
Standard Practice for Using Significant Digits in Test Data to Determine 
Conformance with Specifications (incorporated by reference; see 
Sec. 86.1).
    (b)(8) through (c)(4)(iii)(B)(3) [Reserved]. For guidance see 
Sec. 86.094-28.
    (c)(4)(iv) The emission values for each emission data engine to 
compare with the standards (or family emission limits, as appropriate) 
shall be the adjusted emission values of Sec. 86.094-28 (c)(4)(iii), 
rounded to the same number of significant figures as contained in the 
applicable standard in accordance with the Rounding-Off Method specified 
in ASTM E29-90, Standard Practice for Using Significant Digits in Test 
Data to Determine Conformance with Specifications (incorporated by 
reference; see Sec. 86.1).
    (c)(5) through (d)(4) [Reserved]. For guidance see Sec. 86.094-28.
    (d)(5) The emission level to compare with the standard shall be the 
adjusted emission level of Sec. 86.094-28 (d)(4). Before any emission 
value is compared with the standard it shall be rounded to two 
significant figures, in accordance with the Rounding-Off Method 
specified in ASTM E29-90, Standard Practice for Using Significant Digits 
in Test Data to Determine Conformance with Specifications (incorporated 
by reference; see Sec. 86.1). The rounded emission values may not exceed 
the standard.
    (6) Every test vehicle of an evaporative emission family must comply 
with the evaporative emission standard, as determined in paragraph 
(d)(5) of this section, before any vehicle in that family may be 
certified.

[[Page 29]]

    (e) through (h) [Reserved]. For guidance see Sec. 86.098-28.

[61 FR 54884, Oct. 22, 1996]