[Code of Federal Regulations]
[Title 40, Volume 17]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR86.608-98]

[Page 25-30]
 
                   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 (CONTINUED)--Table of Contents
 
  Subpart G--Selective Enforcement Auditing of New Light-Duty Vehicles
 
Sec. 86.608-98  Test procedures.

    (a) The prescribed test procedures are the Federal Test Procedure, 
as described in subpart B and/or subpart R of this part, whichever is 
applicable, the cold temperature CO test procedure as described in 
subpart C of this part, and the Certification Short Test procedure as 
described in subpart O of this part. Where the manufacturer conducts 
testing based on the requirements specified in Chapter 1 or Chapter 2 of 
the California Regulatory Requirements Applicable to the National Low 
Emission Vehicle Program (October, 1996), the prescribed test procedures 
are the procedures cited in the previous sentence, or substantially 
similar procedures, as determined by the Administrator. The California 
Regulatory Requirements Applicable to the National Low Emission Vehicle 
Program are incorporated by reference (see Sec. 86.1). For purposes of 
Selective Enforcement Audit testing, the manufacturer shall not be 
required to perform any of the test procedures in subpart B of this part 
relating to evaporative emission testing, other than refueling emissions 
testing, except as specified in paragraph (a)(2) of this section.
    (1) The Administrator may omit any of the testing procedures 
described in paragraph (a) of this section and may select and prescribe 
the sequence of any CSTs. Further, the Administrator may, on the basis 
of a written application by a manufacturer, approve optional test 
procedures other than those in subparts B, C, and O of this part for any 
motor vehicle which is not susceptible to satisfactory testing using the 
procedures in subparts B, C, and O of this part.
    (2) The following exceptions to the test procedures in subpart B 
and/or subpart R of this part are applicable to Selective Enforcement 
Audit testing:
    (i) For mileage accumulation, the manufacturer may use test fuel 
meeting the specifications for mileage and service accumulation fuels of 
Sec. 86.113, or, for vehicles certified to the National LEV standards, 
the specifications of Sec. 86.1771. Otherwise, the manufacturer may use 
fuels other than those specified in this section only with the advance 
approval of the Administrator.
    (ii) The manufacturer may measure the temperature of the test fuel 
at other than the approximate mid-volume of the fuel tank, as specified 
in Sec. 86.131-96(a) with only a single temperature sensor, and may 
drain the test fuel from other than the lowest point of the tank, as 
specified in Sec. 86.131-96(b) and Sec. 86.152-98(a), provided an 
equivalent method is used. Equivalency documentation shall be maintained 
by the

[[Page 26]]

manufacturers and shall be made available to the Administrator upon 
request. Additionally, for any test vehicle that has remained under 
laboratory ambient temperature conditions for at least 6 hours prior to 
testing, the vehicle soak described in Sec. 86.132-96(c) may be 
eliminated upon approval of the Administrator. In such cases, the 
vehicle shall be operated through the preconditioning drive described in 
Sec. 86.132-96(c) immediately following the fuel drain and fill 
procedure described in Sec. 86.132-96(b).
    (iii) The manufacturer may perform additional preconditioning on 
Selective Enforcement Audit test vehicles other than the preconditioning 
specified in Sec. 86.132, or Sec. 86.1773, for vehicles certified to the 
National LEV standards only if the additional preconditioning was 
performed on certification test vehicles of the same configuration.
    (iv) If the Administrator elects to use the evaporative/refueling 
canister preconditioning procedure described in Sec. 86.132-96(k), the 
manufacturer shall perform the heat build procedure 11 to 34 hours 
following vehicle preconditioning rather than according to the time 
period specified in Sec. 86.133-90(a). All references to an evaporative 
emission enclosure and analyzing for HC during the heat build can be 
ignored.
    (v) The manufacturer may substitute slave tires for the drive wheel 
tires on the vehicle as specified in paragraph Sec. 86.135-90(e): 
Provided, that the slave tires are the same size.
    (vi) If the Administrator elects to use the evaporative/refueling 
canister preconditioning procedure described in Sec. 86.132-96(k), the 
cold start exhaust emission test described in Sec. 86.137-96 shall 
follow the heat build procedure described in Sec. 86.133-90 by not more 
than one hour.
    (vii) In performing exhaust sample analysis under Sec. 86.140-94.
    (A) When testing diesel vehicles, or methanol-fueled Otto-cycle 
vehicles, the manufacturer shall allow a minimum of 20 minutes warm-up 
for the HC analyzer, and for diesel vehicles, a minimum of two hours 
warm-up for the CO, CO2, and NOX analyzers. (Power 
is normally left on infrared and chemiluminescent analyzers. When not in 
use, the chopper motors of the infrared analyzers are turned off and the 
phototube high voltage supply to the chemiluminescent analyzers is 
placed in the standby position.)
    (B) The manufacturer shall exercise care to prevent moisture from 
condensing in the sample collection bags.
    (viii) The manufacturer need not comply with Sec. 86.142, 
Sec. 86.155, or Sec. 86.1775, since the records required therein are 
provided under other provisions of this subpart G.
    (ix) If a manufacturer elects to perform the background 
determination procedure described in paragraph (a)(2)(xi) of this 
section in addition to performing the refueling emissions test 
procedure, the elapsed time between the initial and final FID readings 
shall be recorded, rounded to the nearest second rather than minute as 
described in Sec. 86.154-98(e)(8). In addition, the vehicle soak 
described in Sec. 86.153-98(e) shall be conducted with the windows and 
luggage compartment of the vehicle open.
    (x) The Administrator may elect to perform a seal test, described in 
Sec. 86.153-98(b), of both integrated and non-integrated systems instead 
of the full refueling test. When testing non-integrated systems, an 
manufacturer may conduct the canister purge described in Sec. 86.153-
98(b)(1) directly following the preconditioning drive described in 
Sec. 86.132-96(e) or directly following the exhaust emissions test 
described in Sec. 86.137-96.
    (xi) In addition to the refueling test, a manufacturer may elect to 
perform the following background emissions determination immediately 
prior to the refueling measurement procedure described in Sec. 86.154-
98, provided EPA is notified of this decision prior to the start of 
testing in an SEA.
    (A) The SHED shall be purged for several minutes immediately prior 
to the background determination. Warning: If at any time the 
concentration of hydrocarbons, of methanol, or of methanol and 
hydrocarbons exceeds 15,000 ppm C, the enclosure should be immediately 
purged. This concentration provides a 4:1 safety factor against the lean 
flammability limit.
    (B) The FID (or HFID) hydrocarbon analyzer shall be zeroed and 
spanned immediately prior to the background

[[Page 27]]

determination. If not already on, the enclosure mixing fan and the 
spilled fuel mixing blower shall be turned on at this time.
    (C) Place the vehicle in the SHED. The ambient temperature level 
encountered by the test vehicle during the entire background emissions 
determination shall be 80  deg.F 3  deg.F. The windows and 
luggage compartment of the vehicle must be open and the gas cap must be 
secured.
    (D) Seal the SHED. Immediately analyze the ambient concentration of 
hydrocarbons in the SHED and record. This is the initial background 
hydrocarbon concentration.
    (E) Soak the vehicle for ten minutes 1 minute.
    (F) The FID (or HFID) hydrocarbon analyzer shall be zeroed and 
spanned immediately prior to the end of the background determination.
    (G) Analyze the ambient concentration of hydrocarbons in the SHED 
and record. This is the final background hydrocarbon concentration.
    (H) The total hydrocarbon mass emitted during the background 
determination is calculated according to Sec. 86.156-98. To obtain a 
per-minute background emission rate, divide the total hydrocarbon mass 
calculated in this paragraph by the duration of the soak, rounded to the 
nearest second, described in paragraph (a)(2)(xi)(G) of this section.
    (I) The background emission rate is multiplied by the duration of 
the refueling measurement obtained in paragraph (a)(2)(ix) of this 
section. This number is then subtracted from the total grams of 
emissions calculated for the refueling test according to Sec. 86.156-
98(a) to obtain the adjusted value for total refueling emissions. The 
final results for comparison with the refueling emission standard shall 
be computed by dividing the adjusted value for total refueling mass 
emissions by the total gallons of fuel dispensed in the refueling test 
as described in Sec. 86.156-98(b).
    (xii) In addition to the requirements of subpart B of this part, the 
manufacturer shall prepare gasoline-fueled and methanol-fueled vehicles 
as follows prior to emission testing:
    (A) The manufacturer shall inspect the fuel system to ensure the 
absence of any leaks of liquid or vapor to the atmosphere by applying a 
pressure of 14.50.5 inches of water (3.60.1 Kpa) 
to the fuel system allowing the pressure to stabilize and isolating the 
fuel system from the pressure source. Following isolation of the fuel 
system, pressure must not drop more than 2.0 inches of water (0.5 Kpa) 
in five minutes. If required, the manufacturer shall perform corrective 
action in accordance with paragraph (d) of this section and report this 
action in accordance with Sec. 86.609-98(d).
    (B) When performing this pressure check, the manufacturer shall 
exercise care to neither purge nor load the evaporative or refueling 
emission control systems.
    (C) The manufacturer may not modify the test vehicle's evaporative 
or refueling emission control systems by component addition, deletion, 
or substitution, except to comply with paragraph (a)(2)(ii) of this 
section if approved in advance by the Administrator.
    (3) The following exceptions to the test procedures in subpart C of 
this part are applicable to Selective Enforcement Audit testing:
    (i) The manufacturer may measure the temperature of the test fuel at 
other than the approximate mid-volume of the fuel tank, as specified in 
Sec. 86.131-90(a), and may drain the test fuel from other than the 
lowest point of the fuel tank as specified in Sec. 86.131-90(b), 
provided an equivalent method is used. Equivalency documentation shall 
be maintained by the manufacturer and shall be made available to the 
Administrator upon request.
    (ii) In performing exhaust sample analysis under Sec. 86.140-94, the 
manufacturer shall exercise care to prevent moisture from condensing in 
the sample collection bags.
    (iii) The manufacturer need not comply with Sec. 86.142-90 since the 
records required therein are provided under other provisions of this 
subpart G.
    (iv) In addition to the requirements of subpart C of this part, the 
manufacturer shall prepare gasoline-fueled vehicles as follows prior to 
exhaust emission testing:
    (A) The manufacturer shall inspect the fuel system to ensure the 
absence

[[Page 28]]

of any leaks of liquid or vapor to the atmosphere by applying a pressure 
of 14.50.5 inches of water (3.60.1 Kpa) to the 
fuel system allowing the pressure to stabilize and isolating the fuel 
system from the pressure source. Following isolation of the fuel system, 
pressure must not drop more than 2.0 inches of water (0.5 Kpa) in five 
minutes. If required, the manufacturer shall perform corrective action 
in accordance with paragraph (d) of this section and report this action 
in accordance with Sec. 86.609-98(d).
    (B) When performing this pressure check, the manufacturer shall 
exercise care to neither purge nor load the evaporative or refueling 
emission control system.
    (C) The manufacturer shall not modify the test vehicle's evaporative 
or refueling emission control system by component addition, deletion, or 
substitution, except if approved in advance by the Administrator, to 
comply with paragraph (a)(3)(i) of this section.
    (4) The exceptions to the test procedures in subpart O of this part 
applicable to Selective Enforcement Audit testing are listed in 
paragraphs (a)(4) (i) and (ii) of this section.
    (i) The manufacturer need not comply with Sec. 86.1442, since the 
records required therein are provided under provisions of this subpart 
G.
    (ii) In addition to the requirements of subpart O of this part, the 
manufacturer must prepare vehicles as in paragraphs (a)(4)(ii) (A) 
through (C) of this section prior to exhaust emission testing.
    (A) The manufacturer must inspect the fuel system to insure the 
absence of any leaks of liquid or vapor to the atmosphere by applying a 
pressure of 14.50.5 inches of water (3.60.1 Kpa) 
to the fuel system, allowing the pressure to stabilize, and isolating 
the fuel system from the pressure source. Pressure must not drop more 
than 2.0 inches of water (0.5 Kpa) in five minutes. If required, the 
manufacturer performs corrective action in accordance with paragraph (d) 
of this section and must report this action in accordance with 
Sec. 86.609-98(d).
    (B) When performing this pressure check, the manufacturer must 
exercise care to neither purge nor load the evaporative or refueling 
emission control system.
    (C) The manufacturer may not modify the test vehicle's evaporative 
or refueling emission control system by component addition, deletion, or 
substitution.
    (b)(1) The manufacturer shall not adjust, repair, prepare, or modify 
the vehicles selected for testing and shall not perform any emission 
tests on vehicles selected for testing pursuant to the test order unless 
this adjustment repair, preparation, modification, and/or tests are 
documented in the manufacturer's vehicle assembly and inspection 
procedures and are actually performed or unless these adjustments and/or 
tests are required or permitted under this subpart or are approved in 
advance by the Administrator.
    (2) For 1981 and later model years the Administrator may adjust or 
cause to be adjusted any engine or vehicle parameter which the 
Administrator has determined to be subject to adjustment for new vehicle 
compliance testing (e.g., for certification or Selective Enforcement 
Audit testing) in accordance with Sec. 86.081-22(c)(1), to any setting 
within the physically adjustable range of that parameter, as determined 
by the Administrator in accordance with Sec. 86.081-22(e)(3)(ii), prior 
to the performance of any tests. However, if the idle speed parameter is 
one which the Administrator has determined to be subject to adjustment, 
the Administrator shall not adjust it to a setting which causes a lower 
engine idle speed than will be possible within the physically adjustable 
range of the idle speed parameter on the vehicle when it has accumulated 
4,000 miles, all other parameters being adjusted identically for the 
purpose of comparison. The Administrator, in making or specifying such 
adjustments, will consider the effect of the deviation from the 
manufacturer's recommended setting on emissions performance 
characteristics as well as the likelihood that similar settings will 
occur on in-use light-duty vehicles or light-duty trucks. In determining 
likelihood, the Administrator will consider factors such as, but not 
limited to, the

[[Page 29]]

effect of the adjustment on vehicle performance characteristics and 
surveillance information from similar in-use vehicles.
    (c) Prior to performing emission testing pursuant to paragraph (a) 
of this section on an SEA test vehicle, the manufacturer may accumulate 
on each vehicle a number of miles equal to the greater of 4,000 miles, 
or the number of miles the manufacturer accumulated during certification 
on the emission-data vehicle corresponding to the configuration 
specified in the test order.
    (1) Mileage accumulation must be performed in any manner using good 
engineering judgment to obtain emission results representative of normal 
production vehicles. This mileage accumulation must be consistent with 
the new vehicle break-in instructions contained in the applicable 
vehicle owner's manual, if any.
    (2) The manufacturer shall accumulate mileage at a minimum rate of 
300 miles per vehicle during each 24-hour period, unless otherwise 
provided by the Administrator.
    (i) The first 24-hour period for mileage accumulation shall begin as 
soon as authorized vehicle checks, inspections and preparations are 
completed on each vehicle.
    (ii) The minimum mileage accumulation rate does not apply on 
weekends or holidays.
    (iii) If the manufacturer's mileage accumulation target is less than 
the minimum rate specified (300 miles per day), then the minimum daily 
accumulation rate shall be equal to the manufacturer's mileage 
accumulation target.
    (3) Mileage accumulation shall be completed on a sufficient number 
of test vehicles during consecutive 24-hour periods to assure that the 
number of vehicles tested per day fulfills the requirements of paragraph 
(g) of this section.
    (d) The manufacturer shall not perform any maintenance on test 
vehicles after selection for testing nor shall the Administrator allow 
deletion of any test vehicle from the test sequence, unless requested by 
the manufacturer and approved by the Administrator before any test 
vehicle maintenance of deletion.
    (e) The manufacturer will be allowed 24 hours to ship test vehicles 
from the assembly plant or storage facility to the test facility if the 
test facility is not located at the plant or storage facility or in 
close proximity to the plant or storage facility: Except, that the 
Administrator may approve more time based upon a request by the 
manufacturer accompanied by a satisfactory justification.
    (f) If a vehicle cannot complete the mileage accumulation or 
emission tests because of vehicle malfunction, the manufacturer may 
request the Administrator to authorize the repair of that vehicle or its 
deletion from the test sequence.
    (g) Whenever the manufacturer conducts testing pursuant to a test 
order issued under this subpart, the manufacturer shall notify the 
Administrator within one working day of receipt of the test order, which 
test facility will be used to comply with the test order and the number 
of available test cells at that facility. If no test cells are available 
at the desired facility, the manufacturer must provide alternate testing 
capability satisfactory to the Administrator.
    (1) The manufacturer shall perform a combination of tests pursuant 
to paragraph (a) of this section so that a minimum of four tests are 
performed per 24 hour period, including voided tests, for each available 
test cell.
    (2) The Administrator may approve a longer period based upon a 
request by a manufacturer accompanied by satisfactory justification.
    (h) The manufacturer shall perform test vehicle selection, 
preparation, mileage accumulation, shipping, and testing in such a 
manner as to assure that the audit is performed in an expeditious 
manner.
    (i) The manufacturer may retest any test vehicle after a fail 
decision has been reached in accordance with Sec. 86.610-98(d) based on 
the first test on each vehicle; except that the Administrator may 
approve retests at other times during the audit based upon a request by 
the manufacturer accompanied by a satisfactory justification. The 
manufacturer may test each vehicle a total of three times. The 
manufacturer shall test each vehicle the

[[Page 30]]

same number of times. The manufacturer may accumulate additional mileage 
on test vehicles before conducting retests, subject to the provisions of 
paragraph (c) of this section.

[59 FR 16301, Apr. 6, 1994, as amended at 60 FR 43898, Aug. 23, 1995; 62 
FR 31235, June 6, 1997]