[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: 40CFR86.004-30]
[Page 56-59]
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. 86.004-30 Certification.
Section 86.004-30 includes text that specifies requirements that
differ from Secs. 86.094-30, 86.095-30, 86.096-30, 86.098-30 or 86.001-
30. Where a paragraph in Sec. 86.094-30, Sec. 86.095-30, Sec. 86.096-30,
Sec. 86.098-30 or Sec. 86.001-30 is identical and applicable to
Sec. 86.004-30, this may be indicated by specifying the corresponding
paragraph and the statement ``[Reserved]. For guidance see Sec. 86.094-
30.'' or ``[Reserved]. For guidance see Sec. 86.095-30.'' or
``[Reserved]. For guidance see Sec. 86.096-30.'' or ``[Reserved]. For
guidance see Sec. 86.098-30.'' or ``[Reserved]. For guidance see
Sec. 86.001-30.''.
(a)(1) and (a)(2) [Reserved]. For guidance see Sec. 86.094-30.
(a)(3)(i) One such certificate will be issued for each engine
family. For gasoline-fueled and methanol-fueled light-duty vehicles and
light-duty trucks, and petroleum-fueled diesel cycle light-duty vehicles
and light-duty trucks not certified under Sec. 86.098-28(g), one such
certificate will be issued for each engine family-evaporative/refueling
emission family combination. Each certificate will certify compliance
with no more than one set of in-use and certification standards (or
family emission limits, as appropriate).
(ii) For gasoline-fueled and methanol fueled heavy-duty vehicles,
one such certificate will be issued for each manufacturer and will
certify compliance for those vehicles previously identified
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in that manufacturer's statement(s) of compliance as required in
Sec. 86.098-23(b)(4) (i) and (ii).
(iii) For diesel light-duty vehicles and light-duty trucks, or
diesel HDEs, included in the applicable particulate averaging program,
the manufacturer may at any time during production elect to change the
level of any family particulate emission limit by demonstrating
compliance with the new limit as described in Sec. 86.094-28(a)(6),
Sec. 86.094-28(b)(5)(i), or Sec. 86.004-28(c)(5)(i). New certificates
issued under this paragraph will be applicable only for vehicles (or
engines) produced subsequent to the date of issuance.
(iv) For light-duty trucks or HDEs included in the applicable
NOX averaging program, the manufacturer may at any time
during production elect to change the level of any family NOX
emission limit by demonstrating compliance with the new limit as
described in Sec. 86.094-28(b)(5)(ii) or Sec. 86.004-28(c)(5)(ii). New
certificates issued under this paragraph will be applicable only for
vehicles (or engines) produced subsequent to the day of issue.
(4)(i) For exempt light-duty vehicles and light-duty trucks under
the provisions of Sec. 86.094-8(j) or Sec. 86.094-9(j), an adjustment or
modification performed in accordance with instructions provided by the
manufacturer for the altitude where the vehicle is principally used will
not be considered a violation of section 203(a)(3) of the Clean Air Act
(42 U.S.C. 7522(a)(3)).
(ii) A violation of section 203(a)(1) of the Clean Air Act (42
U.S.C. 7522(a)(1)) occurs when a manufacturer sells or delivers to an
ultimate purchaser any light-duty vehicle or light-duty truck, subject
to the regulations under the Act, under any of the conditions specified
in paragraph (a)(4)(ii) of this section.
(A) When a light-duty vehicle or light-duty truck is exempted from
meeting high-altitude requirements as provided in Sec. 86.090-8(h) or
Sec. 86.094-9(h):
(1) At a designated high-altitude location, unless such manufacturer
has reason to believe that such vehicle will not be sold to an ultimate
purchaser for principal use at a designated high-altitude location; or
(2) At a location other than a designated high-altitude location,
when such manufacturer has reason to believe that such motor vehicle
will be sold to an ultimate purchaser for principal use at a designated
high-altitude location.
(B) When a light-duty vehicle or light-duty truck is exempted from
meeting low-altitude requirements as provided in Sec. 86.094-8(i) or
Sec. 86.094-9(i):
(1) At a designated low-altitude location, unless such manufacturer
has reason to believe that such vehicle will not be sold to an ultimate
purchaser for principal use at a designated low-altitude location; or
(2) At a location other than a designated low-altitude location,
when such manufacturer has reason to believe that such motor vehicle
will be sold to an ultimate purchaser for principal use at a designated
low-altitude location.
(a)(4)(iii) introductory text through (a)(4)(iii)(C) [Reserved]. For
guidance see Sec. 86.094-30.
(a)(4)(iv) introductory text [Reserved]. For guidance see
Sec. 86.095-30.
(a)(4)(iv)(A) through (a)(9) [Reserved]. For guidance see
Sec. 86.094-30.
(10)(i) For diesel-cycle light-duty vehicle and diesel-cycle light-
duty truck families which are included in a particulate averaging
program, the manufacturer's production-weighted average of the
particulate emission limits of all engine families in a participating
class or classes shall not exceed the applicable diesel-cycle
particulate standard, or the composite particulate standard defined in
Sec. 86.090-2 as appropriate, at the end of the model year, as
determined in accordance with this part. The certificate shall be void
ab initio for those vehicles causing the production-weighted FEL to
exceed the particulate standard.
(ii) For all heavy-duty diesel-cycle engines which are included in
the particulate ABT programs under Sec. 86.098-15 or superseding ABT
sections as applicable, the provisions of paragraphs (a)(10)(ii) (A)
through (C) of this section apply.
(A) All certificates issued are conditional upon the manufacturer
complying with the provisions of Sec. 86.098-15
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or superseding ABT sections as applicable and the ABT related provisions
of other applicable sections, both during and after the model year
production.
(B) Failure to comply with all provisions of Sec. 86.098-15 or
superseding ABT sections as applicable will be considered to be a
failure to satisfy the conditions upon which the certificate was issued,
and the certificate may be deemed void ab initio.
(C) The manufacturer shall bear the burden of establishing to the
satisfaction of the Administrator that the conditions upon which the
certificate was issued were satisfied or excused.
(11)(i) For light-duty truck families which are included in a
NOX averaging program, the manufacturer's production-weighted
average of the NOX emission limits of all such engine
families shall not exceed the applicable NOX emission
standard, or the composite NOX emission standard defined in
Sec. 86.088-2, as appropriate, at the end of the model year, as
determined in accordance with this part. The certificate shall be void
ab initio for those vehicles causing the production-weighted FEL to
exceed the NOX standard.
(ii) For all HDEs which are included in the NOX plus NMHC
ABT programs contained in Sec. 86.098-15, or superseding ABT sections as
applicable, the provisions of paragraphs (a)(11)(ii) (A) through (C) of
this section apply.
(A) All certificates issued are conditional upon the manufacturer
complying with the provisions of Sec. 86.098-15 or superseding ABT
sections as applicable and the ABT related provisions of other
applicable sections, both during and after the model year production.
(B) Failure to comply with all provisions of Sec. 86.098-15 or
superseding ABT sections as applicable will be considered to be a
failure to satisfy the conditions upon which the certificate was issued,
and the certificate may be deemed void ab initio.
(C) The manufacturer shall bear the burden of establishing to the
satisfaction of the Administrator that the conditions upon which the
certificate was issued were satisfied or excused.
(a)(12) [Reserved]. For guidance see Sec. 86.094-30.
(a)(13) [Reserved]. For guidance see Sec. 86.095-30.
(a)(14) [Reserved]. For guidance see Sec. 86.094-30.
(a) (15) through (18) [Reserved]. For guidance see Sec. 86.096-30.
(a)(19) [Reserved]. For guidance see Sec. 86.098-30.
(a)(20) [Reserved]. For guidance see Sec. 86.001-30.
(a)(21) For all light-duty trucks certified to refueling emission
standards under Sec. 86.004-9, the provisions of paragraphs (a)(21) (i)
through (iii) of this section apply.
(i) All certificates issued are conditional upon the manufacturer
complying with all provisions of Sec. 86.004-9 both during and after
model year production.
(ii) Failure to meet the required implementation schedule sales
percentages as specified in Sec. 86.004-9 will be considered to be a
failure to satisfy the conditions upon which the certificate(s) was
issued and the individual vehicles sold in violation of the
implementation schedule shall not be covered by the certificate.
(iii) The manufacturer shall bear the burden of establishing to the
satisfaction of the Administrator that the conditions upon which the
certificate was issued were satisfied.
(b)(1) introductory text through (b)(1)(ii)(A) [Reserved]. For
guidance see Sec. 86.094-30.
(b)(1)(ii)(B) The emission data vehicle(s) selected under
Sec. 86.001-24(b)(vii) (A) and (B) shall represent all vehicles of the
same evaporative/refueling control system within the evaporative/
refueling family.
(b)(1)(ii)(C) [Reserved]. For guidance see Sec. 86.094-30.
(b)(1)(ii)(D) The emission-data vehicle(s) selected under
Sec. 86.098-24(b)(1)(viii) shall represent all vehicles of the same
evaporative/refueling control system within the evaporative/refueling
emission family, as applicable.
(b)(1)(iii) and (b)(1)(iv) [Reserved]. For guidance see Sec. 86.094-
30.
(b)(2) [Reserved]. For guidance see Sec. 86.098-30.
(b)(3) through (b)(4)(i) [Reserved]. For guidance see Sec. 86.094-
30.
(b)(4)(ii) introductory text [Reserved]. For guidance see
Sec. 86.098-30.
(b)(4)(ii)(A) [Reserved]. For guidance see Sec. 86.094-30.
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(b)(4)(ii)(B) through (b)(4)(iv) [Reserved]. For guidance see
Sec. 86.098-30.
(b)(5) through (e) [Reserved]. For guidance see Sec. 86.094-30.
(f) For engine families required to have an OBD system,
certification will not be granted if, for any test vehicle approved by
the Administrator in consultation with the manufacturer, the malfunction
indicator light does not illuminate under any of the following
circumstances, unless the manufacturer can demonstrate that any
identified OBD problems discovered during the Administrator's evaluation
will be corrected on production vehicles.
(1)(i) Otto-cycle. A catalyst is replaced with a deteriorated or
defective catalyst, or an electronic simulation of such, resulting in an
increase of 1.5 times the NMHC+NOX standard or FEL above the
NMHC+NOX emission level measured using a representative 4000
mile catalyst system.
(ii) Diesel. (A) If monitored for emissions performance--a catalyst
is replaced with a deteriorated or defective catalyst, or an electronic
simulation of such, resulting in exhaust emissions exceeding 1.5 times
the applicable standard or FEL for NMHC+NOX or PM.
(B) If monitored for performance--a particulate trap is replaced
with a trap that has catastrophically failed, or an electronic
simulation of such.
(2)(i) Otto-cycle. An engine misfire condition is induced resulting
in exhaust emissions exceeding 1.5 times the applicable standards or FEL
for NMHC+NOX or CO.
(ii) Diesel. An engine misfire condition is induced and is not
detected.
(3) If so equipped, any oxygen sensor is replaced with a
deteriorated or defective oxygen sensor, or an electronic simulation of
such, resulting in exhaust emissions exceeding 1.5 times the applicable
standard or FEL for NMHC+NOX or CO.
(4) If so equipped, a vapor leak is introduced in the evaporative
and/or refueling system (excluding the tubing and connections between
the purge valve and the intake manifold) greater than or equal in
magnitude to a leak caused by a 0.040 inch diameter orifice, or the
evaporative purge air flow is blocked or otherwise eliminated from the
complete evaporative emission control system.
(5) A malfunction condition is induced in any emission-related
engine system or component, including but not necessarily limited to,
the exhaust gas recirculation (EGR) system, if equipped, the secondary
air system, if equipped, and the fuel control system, singularly
resulting in exhaust emissions exceeding 1.5 times the applicable
emission standard or FEL for NMHC+NOX, CO or PM.
(6) A malfunction condition is induced in an electronic emission-
related engine system or component not otherwise described above that
either provides input to or receives commands from the on-board computer
resulting in a measurable impact on emissions.
[59 FR 16287, Apr. 6, 1994, as amended at 62 FR 54727, Oct. 21, 1997; 65
FR 59948, Oct. 6, 2000]