[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: 40CFR86.007-15]
[Page 76-77]
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. 86.007-15 NOX and particulate averaging, trading, and banking for heavy-duty engines.
Section 86.007-15 includes text that specifies requirements that
differ from Sec. 86.004-15. Where a paragraph in Sec. 86.004-15 is
identical and applicable to Sec. 86.007-15, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec. 86.004-15.''
(a) through (l) [Reserved]. For guidance see Sec. 86.004-15.
(m) The following provisions apply for model year 2007 and later
engines (including engines certified during years 2007-2009 under the
phase-in provisions of Sec. 86.007-11(g)(1), Sec. 86.005-10(a), or
Sec. 86.008-10(f)(1)). These provisions apply instead of the provisions
of paragraphs Sec. 86.004-15 (a) through (k) to the extent that they are
in conflict.
(1) Manufacturers of Otto-cycle engines may participate in an NMHC
averaging, banking and trading program to show compliance with the
standards specified in Sec. 86.008-10. The generation and use of NMHC
credits are subject to the same provisions in paragraphs Sec. 86.004-15
(a) through (k) that apply for NOX plus NMHC credits, except
as otherwise specified in this section.
(2) Credits are calculated as NOX or NMHC credits for
engines certified to separate NOX and NMHC standards.
NOX plus NMHC credits (including banked credits and credits
that are generated during years 2007-2009 under the phase-in provisions
of Sec. 86.007-11(g)(1), Sec. 86.005-10(a), or Sec. 86.008-10(f)(1)) may
be used to show compliance with 2007 or later NOX standards (
NOX or NMHC standards for Otto-cycle engines), subject to an
0.8 discount factor (e.g., 100 grams of NOX plus NMHC credits
is equivalent to 80 grams of NOX credits).
(3) NOX or NMHC (or NOX plus NMHC) credits may
be exchanged between heavy-duty Otto-cycle engine families certified to
the engine standards of this subpart and heavy-duty Otto-cycle engine
families certified to the chassis standards of subpart S of this part,
subject to an 0.8 discount factor (e.g., 100 grams of NOX (or
NOX plus NMHC) credits generated from engines would be
equivalent to 80 grams of NOX credits if they are used in the
vehicle program of subpart S, and vice versa).
(4) Credits that were previously discounted when they were banked
according to paragraph (c) of Sec. 86.004-15, are subject to an
additional discount factor of 0.888 instead of the 0.8 discount factor
otherwise required by paragraph (m)(2) or (m)(3) of this section. This
results in a total discount factor of 0.8 (0.9 x 0.888 = 0.8).
(5) For diesel engine families, the combined number of engines
certified to FELs higher than 0.50 g/bhp-hr using banked NOX
(and/or NOX plus NMHC) credits in any given model year may
not exceed 10 percent of the manufacturer's U.S.-directed production of
engines in all heavy-duty diesel engine families for that model year.
(6) The FEL must be expressed to the same number of decimal places
as the standard (generally, one-hundredth of a gram per brake
horsepower-hour). For engines certified to standards expressed only one-
tenth of a gram per brake horsepower-hour, if the FEL is below 1.0, then
add a zero to the standard in the second decimal place and express the
FEL to nearest one-hundredth of a gram per brake horsepower-hour.
(7) Credits are to be rounded to the nearest one-hundredth of a
Megagram using ASTM E29-93a (Incorporated by reference at Sec. 86.1).
(8) Credits generated for 2007 and later model year diesel engine
families, or generated for 2008 and later model year Otto-cycle engine
families are not discounted (except as specified in paragraph (m)(2) or
(m)(3) of this section), and do not expire.
(9) For the purpose of using or generating credits during a phase-in
of new standards, a manufacturer may elect to split an engine family
into two subfamilies (e.g., one which uses credits and one which
generates credits). The manufacturer must indicate in the application
for certification that the engine family is to be split, and may assign
the numbers and configurations of
[[Page 77]]
engines within the respective subfamilies at any time prior to the
submission of the end-of-year report required by Sec. 86.001-23.
(i) Manufacturers certifying a split diesel engine family to both
the Phase 1 and Phase 2 standards with equally sized subfamilies may
exclude the engines within that split family from end-of-year
NOX (or NOX+NMHC) ABT calculations, provided that
neither subfamily generates credits for use by other engine families, or
uses banked credits, or uses averaging credits from other engine
families. All of the engines in that split family must be excluded from
the phase-in calculations of Sec. 86.007-11(g)(1) (both from the number
of engines complying with the standards being phased-in and from the
total number of U.S.-directed production engines.)
(ii) Manufacturers certifying a split Otto-cycle engine family to
both the Phase 1 and Phase 2 standards with equally sized subfamilies
may exclude the engines within that split family from end-of-year
NOX (or NOX+NMHC) ABT calculations, provided that
neither subfamily generates credits for use by other engine families, or
uses banked credits, or uses averaging credits from other engine
families. All of the engines in that split family must be excluded from
the phase-in calculations of Sec. 86.008-10(f)(1) (both from the number
of engines complying with the standards being phased-in and from the
total number of U.S.-directed production engines.)
(iii) Manufacturers certifying a split engine family may label all
of the engines within that family with a single NOX or
NOX+NMHC FEL. The FEL on the label will apply for all SEA or
other compliance testing.
(iv) Notwithstanding the provisions of paragraph (m)(9)(iii) of this
section, for split families, the NOX FEL shall be used to
determine applicability of the provisions of Sec. 86.007-11(a)(3)(ii),
(a)(4)(i)(B), and (h)(1), and Sec. 86.008-10(g).
(10) For model years 2007 through 2009, to be consistent with the
phase-in provisions of Sec. 86.007-11(g)(1), credits generated from
engines in one diesel engine service class (e.g., light-heavy duty
diesel engines) may be used for averaging by engines in a different
diesel engine service class, provided the credits are calculated for
both engine families using the conversion factor and useful life of the
engine family using the credits, and the engine family using the credits
is certified to the standards listed in Sec. 86.007-11(a)(1). Banked or
traded credits may not be used by any engine family in a different
service class than the service class of the engine family generating the
credits.
[66 FR 5163, Jan. 18, 2001]