[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: 40CFR86.001-1]

[Page 29-30]
 
                   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. 86.001-1  General applicability.

    (a) The provisions of this subpart generally apply to 2001 and later 
model year new Otto-cycle and diesel-cycle heavy-duty engines. In cases 
where a provision applies only to a certain vehicle group based on its 
model year, vehicle class, motor fuel, engine type, or other 
distinguishing characteristics, the limited applicability is cited in 
the appropriate section or paragraph. The provisions of this subpart 
continue to generally apply to 2000 and earlier model year new Otto-
cycle and diesel-cycle light-duty vehicles and 2000 and earlier model 
year new Otto-cycle and diesel-cycle light-duty trucks produced. 
Provisions generally applicable to all 2001 and later model year new 
Otto-cycle and diesel-cycle light-duty vehicles and 2001 and later model 
year new Otto-cycle and diesel-cycle light-duty trucks are located in 
Subpart S of this part.
    (b) Optional applicability. (1) A manufacturer may request to 
certify any heavy-duty vehicle of 14,000 pounds Gross Vehicle Weight 
Rating or less in accordance with the light-duty truck provisions 
located in subpart S of this part through the 2004 model year (through 
the 2003 model year for manufacturers choosing Otto-cycle HDE Option 2 
in Sec. 86.005-1(c)(2), or through the 2002 model year for manufacturers 
choosing Otto-cycle HDE Option 1 in Sec. 86.005-1(c)(1)). Heavy-duty 
engine or vehicle provisions of this subpart A do not apply to such a 
vehicle.
    (2) Beginning with the 2000 model year, a manufacturer may certify 
any Otto-cycle heavy-duty vehicle of 14,000 pounds Gross Vehicle Weight 
Rating or less in accordance with the provisions for Otto-cycle complete 
heavy-duty vehicles located in subpart S of this part for purposes of 
generating credits in the heavy-duty vehicle averaging, banking, and 
trading program contained in Sec. 86.1817-05. Heavy-duty engine or 
heavy-duty vehicle provisions of this subpart A do not apply to such a 
vehicle.
    (c)-(d) [Reserved]
    (e) Small volume manufacturers. Special certification procedures are 
available for any manufacturer whose projected combined U.S. sales of 
light-duty vehicles, light-duty trucks, heavy-duty vehicles, and heavy-
duty engines in its product line (including all vehicles and engines 
imported under the provisions of Secs. 85.1505 and 85.1509 of this 
chapter) are fewer than 10,000 units for the model year in which the 
manufacturer seeks certification. To certify its product line under 
these optional procedures, the small-volume manufacturer must first 
obtain the Administrator's approval. The manufacturer must meet the 
eligibility criteria specified in Sec. 86.092-14(b) before the 
Administrator's approval will be granted. The small-volume 
manufacturer's certification procedures are described in Sec. 86.092-14.
    (f) Optional procedures for determining exhaust opacity. (1) The 
provisions of subpart I of this part apply to tests which are performed 
by the Administrator, and optionally, by the manufacturer.
    (2) Measurement procedures, other than those described in subpart I 
of this part, may be used by the manufacturer provided the manufacturer 
satisfies the requirements of Sec. 86.091-23(f).
    (3) When a manufacturer chooses to use an alternative measurement 
procedure it has the responsibility to determine whether the results 
obtained by the procedure will correlate with the results which would be 
obtained from the measurement procedure in subpart I of this part. 
Consequently, the Administrator will not routinely approve or disapprove 
any alternative opacity measurement procedure or any associated 
correlation data which the manufacturer elects to use to satisfy the 
data requirements for subpart I of this part.
    (4) If a confirmatory test(s) is performed and the results indicate 
there is a systematic problem suggesting that the data generated under 
an optional alternative measurement procedure do not adequately 
correlate with data obtained in accordance with the procedures described 
in subpart I of this part, EPA may require that all certificates of 
conformity not already issued

[[Page 30]]

be based on data obtained from procedures described in subpart I of this 
part.

[64 FR 23920, May 4, 1999, as amended at 65 FR 59945, Oct. 6, 2000]