In terms of benefits to human health, reduced ambient
concentrations of ozone and PM2.5 would lead to the
avoidance of many adverse environmental and human health impacts in
2045, including reductions in premature deaths and many non-fatal
illnesses. These health benefits, presented in Section VIII of the
preamble, would accrue to all U.S. populations, including minority
populations, low-income populations and indigenous peoples.
    EPA also conducted a demographic analysis of air quality modeling
data in 2045 to examine trends in human exposure to future air quality
in scenarios both with and without the proposed Option 1 in place. That
analysis, summarized in Section VII.H of the preamble and presented in
more detail in draft RIA Chapter 6.3.9, found that in the 2045
baseline, nearly double the number of people of color live

within areas with the worst ozone and PM2.5 air quality
compared to non-Hispanic whites. We also found that the largest
predicted improvements in both ozone and PM2.5 are estimated
to occur in areas with the worst baseline air quality. While there
would be improvements in air quality for people of color, disparities
in PM2.5 and ozone exposure are projected to remain.

XIV. Statutory Provisions and Legal Authority

    Statutory authority for the requirements proposed in this
rulemaking can be found in CAA sections 202, 203, 206, 207, 208, 213,
216, and 301 (42 U.S.C. 7521, 7522, 7525, 7541, 7542, 7547, 7550, and
7601).

List of Subjects

40 CFR Part 2

    Administrative practice and procedure, Confidential business
information, Courts, Environmental protection, Freedom of information,
Government employees

40 CFR Part 59

    Air pollution control, Confidential business information, Labeling,
Ozone, Reporting and recordkeeping requirements, Volatile organic
compounds.

40 CFR Part 60

    Administrative practice and procedure, Air pollution control,
Aluminum, Beverages, Carbon monoxide, Chemicals, Coal, Electric power
plants, Fluoride, Gasoline, Glass and glass products, Grains,
Greenhouse gases, Household appliances, Industrial facilities,
Insulation, Intergovernmental relations, Iron, Labeling, Lead, Lime,
Metals, Motor vehicles, Natural gas, Nitrogen dioxide, Petroleum,
Phosphate, Plastics materials and synthetics, Polymers, Reporting and
recordkeeping requirements, Rubber and rubber products, Sewage
disposal, Steel, Sulfur oxides, Vinyl, Volatile organic compounds,
Waste treatment and disposal, Zinc.

40 CFR Part 80

    Environmental protection, Administrative practice and procedure,
Air pollution control, Diesel fuel, Fuel additives, Gasoline, Imports,
Oil imports, Petroleum, Renewable fuel.

40 CFR Part 85

    Confidential business information, Greenhouse gases, Imports,
Labeling, Motor vehicle pollution, Reporting and recordkeeping
requirements, Research, Warranties.

40 CFR Part 86

    Environmental protection, Administrative practice and procedure,
Confidential business information, Labeling, Motor vehicle pollution,
Reporting and recordkeeping requirements.

40 CFR Part 87

    Environmental protection. Air pollution control, Aircraft.

40 CFR Part 600

    Environmental protection, Administrative practice and procedure,
Electric power, Fuel economy, Incorporation by reference, Labeling,
Reporting and recordkeeping requirements.

40 CFR Part 1027

    Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Imports,
Reporting and recordkeeping requirements.

40 CFR Part 1030

    Environmental protection, Air pollution control, Aircraft,
Greenhouse gases.

40 CFR Part 1033

    Environmental protection, Administrative practice and procedure,
Confidential business information, Environmental protection, Labeling,
Penalties, Railroads, Reporting and recordkeeping requirements.

40 CFR Part 1036

    Environmental protection, Administrative practice and procedure,
Air pollution control Confidential business information, Greenhouse
gases, Incorporation by reference, Labeling, Motor vehicle pollution,
Reporting and recordkeeping requirements, Warranties.

40 CFR Part 1037

    Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Incorporation
by reference, Labeling, Motor vehicle pollution, Reporting and
recordkeeping requirements, Warranties.

40 CFR Part 1039

    Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Imports,
Labeling, Penalties, Reporting and recordkeeping requirements,
Warranties.

40 CFR Part 1042

    Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Environmental
protection, Imports, Labeling, Penalties, Reporting and recordkeeping
requirements, Vessels, Warranties.

40 CFR Part 1043

    Environmental protection, Administrative practice and procedure,
Air pollution control, Imports, Reporting and recordkeeping
requirements, Vessels.

40 CFR Parts 1045, 1051, and 1054

    Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Imports,
Labeling, Penalties, Reporting and recordkeeping requirements,
Warranties.

40 CFR Part 1048

    Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Imports,
Labeling, Penalties, Reporting and recordkeeping requirements,
Research, Warranties.

40 CFR Part 1060

    Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Imports,
Labeling, Penalties, Reporting and recordkeeping requirements,
Warranties.

40 CFR Part 1065

    Environmental protection, Administrative practice and procedure,
Air pollution control, Reporting and recordkeeping requirements,
Research.

40 CFR Part 1066

    Environmental protection, Air pollution control, Incorporation by
reference, Reporting and recordkeeping requirements.

40 CFR Part 1068

    Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Imports,
Motor vehicle pollution, Penalties, Reporting and recordkeeping
requirements, Warranties.

40 CFR Part 1090

    Environmental protection, Administrative practice and procedure,
Air pollution control, Diesel fuel, Fuel

additives, Gasoline, Imports, Oil imports, Petroleum, Renewable fuel.

Michael S. Regan,
Administrator.

    For the reasons set out in the preamble, we are amending title 40,
chapter I of the Code of Federal Regulations as set forth below.

PART 2--PUBLIC INFORMATION

0
1. The authority citation for part 2 continues to read as follows:

    Authority:  5 U.S.C. 552, 552a, 553; 28 U.S.C. 509, 510, 534; 31
U.S.C. 3717.

0
2. Amend Sec.  2.301 by adding and reserving paragraph (i) and adding
paragraph (j) to read as follows:

Sec.  2.301  Special rules governing certain information obtained under
the Clean Air Act.

* * * * *
    (i) [Reserved]
    (j) Requests for or release of information subject to a
confidentiality determination through rulemaking as specified in 40 CFR
part 1068. This paragraph (j) describes provisions that apply for a
wide range of engines, vehicles, and equipment that are subject to
emission standards and other requirements under the Clean Air Act. This
includes motor vehicles and motor vehicle engines, nonroad engines and
nonroad equipment, aircraft and aircraft engines, and stationary
engines. It also includes portable fuel containers regulated under 40
CFR part 59, subpart F, and fuel tanks, fuel lines, and related fuel-
system components regulated under 40 CFR part 1060. Regulatory
provisions related to confidentiality determinations for these products
are codified broadly in 40 CFR part 1068, with additional detailed
provisions for specific sectors in the regulatory parts referenced in
40 CFR 1068.1. References in this paragraph (j) to 40 CFR part 1068
also include these related regulatory parts.
    (1) Unless noted otherwise, 40 CFR 2.201 through 2.215 do not apply
for information covered by the confidentiality determinations in 40 CFR
part 1068 if EPA has determined through rulemaking that information to
be any of the following pursuant to 42 U.S.C. 7414 or 7542(c) in a
rulemaking subject to 42 U.S.C. 7607(d):
    (i) Emission data as defined in paragraph (a)(2)(i) of this
section.
    (ii) Data not entitled to confidential treatment.
    (2) Unless noted otherwise, 40 CFR 2.201 through 2.208 do not apply
for information covered by the confidentiality determinations in 40 CFR
part 1068 if EPA has determined through rulemaking that information to
be entitled to confidential treatment pursuant to 42 U.S.C. 7414 or
7542(c) in a rulemaking subject to 42 U.S.C. 7607(d). EPA will treat
such information as confidential in accordance with the provisions of
Sec.  2.209 through 2.215, subject to paragraph (j)(4) of this section.
    (3) EPA will deny a request for information under 5 U.S.C.
552(b)(4) if EPA has determined through rulemaking that the information
is entitled to confidential treatment under 40 CFR part 1068. The
denial notification will include a regulatory cite to the appropriate
determination.
    (4) A determination made pursuant to 42 U.S.C. 7414 or 7542 in a
rulemaking subject to 42 U.S.C. 7607(d) that information specified in
40 CFR part 1068 is entitled to confidential treatment shall continue
in effect unless EPA takes one of the following actions to modify the
determination:
    (i) EPA determines, pursuant to 5 U.S.C. 552(b)(4) and the Clean
Air Act (42 U.S.C. 7414; 7542(c)) in a rulemaking subject to 42 U.S.C.
7607(d), that the information is entitled to confidential treatment, or
that the information is emission data or data that is otherwise not
entitled to confidential treatment by statute or regulation.
    (ii) EPA determines, pursuant to 5 U.S.C. 552(b)(4) and the Clean
Air Act (42 U.S.C. 7414; 7542(c)) that the information is emission data
or data that is otherwise clearly not entitled to confidential
treatment by statute or regulation under 40 CFR 2.204(d)(2).
    (iii) The Office of General Counsel revisits an earlier
determination, pursuant to 5 U.S.C. 552(b)(4) and the Clean Air Act (42
U.S.C. 7414; 7542(c)), that the information is entitled to confidential
treatment because of a change in the applicable law or newly discovered
or changed facts. Prior to a revised final determination, EPA shall
afford the business an opportunity to submit a substantiation on the
pertinent issues to be considered, including any described in
Sec. Sec.  2.204(e)(4) or 2.205(b), within 15 days of the receipt of
the notice to substantiate. If, after consideration of any timely
comments made by the business in its substantiation, the Office of
General Counsel makes a revised final determination that the
information is not entitled to confidential treatment under 42 U.S.C.
7414 or 7542, EPA will notify the business in accordance with Sec.
2.205(f)(2).
    (5) The provisions of 40 CFR 2.201 through 2.208 continue to apply
for the categories of information identified in 40 CFR 1068.11(c) for
which there is no confidentiality determination in 40 CFR part 1068.

PART 59--NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR
CONSUMER AND COMMERCIAL PRODUCTS

0
3. The authority citation for part 59 continues to read as follows:

    Authority:  42 U.S.C. 7414 and 7511b(e).

0
4. Revise Sec.  59.695 to read as follows:

Sec.  59.695  What provisions apply to confidential information?

    The provisions of 40 CFR 1068.10 and 1068.11 apply for submitted
information you claim as confidential information you submit under this
part.

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

0
5. The authority citation for part 60 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

0
6. Amend Sec.  60.4202 by revising paragraph (g) introductory text to
read as follows:

Sec.  60.4202  What emission standards must I meet for emergency
engines if I am a stationary CI internal combustion engine
manufacturer?

* * * * *
    (g) Notwithstanding the requirements in paragraphs (a) through (d)
of this section, stationary emergency CI ICE identified in paragraphs
(a) and (c) of this section may be certified to the provisions of 40
CFR part 1042 for commercial engines that are applicable for the
engine's model year, displacement, power density, and maximum engine
power if the engines will be used solely in either or both of the
locations identified in paragraphs (g)(1) and (2) of this section.
Engines that would be subject to the Tier 4 standards in 40 CFR part
1042 that are used solely in either or both of the locations identified
in paragraphs (g)(1) and (2) of this section may instead continue to be
certified to the previous tier of standards in 40 CFR part 1042. The
previous tier is Tier 3 in most cases; however, the previous tier is
Tier 2 if there are no Tier 3 standards specified for engines of a
certain size or power rating.
* * * * *
0
7. Revise Sec.  60.4218 to read as follows:

Sec.  60.4218  What General Provisions and confidential information
provisions apply to me?

    (a) Table 8 to this subpart shows which parts of the General
Provisions in Sec. Sec.  60.1 through 60.19 apply to you.
    (b) The provisions of 40 CFR 1068.10 and 1068.11 apply for engine
manufacturers. For others, the general confidential business
information (CBI) provisions apply as described in 40 CFR part 2.
0
8. Revise Sec.  60.4246 to read as follows:

Sec.  60.4246  What General Provisions and confidential information
provisions apply to me?

    (a) Table 3 to this subpart shows which parts of the General
Provisions in Sec. Sec.  60.1 through 60.19 apply to you.
    (b) The provisions of 40 CFR 1068.10 and 1068.11 apply for engine
manufacturers. For others, the general confidential business
information (CBI) provisions apply as described in 40 CFR part 2.

PART 80--REGULATION OF FUELS AND FUEL ADDITIVES

0
9. The authority citation for part 80 continues to read as follows:

    Authority:  42 U.S.C. 7414, 7521, 7542, 7545, and 7601(a).

Subpart B--[Removed and reserved]

0
10. Remove and reserve subpart B.

PART 85--CONTROL OF AIR POLLUTION FROM MOBILE SOURCES

0
11. The authority citation for part 85 continues to read as follows:

    Authority:  42 U.S.C. 7401-7671q.

0
12. Amend Sec.  85.1501 by revising paragraph (a) to read as follows:

Sec.  85.1501  Applicability.

    (a) Except where otherwise indicated, this subpart is applicable to
motor vehicles offered for importation or imported into the United
States for which the Administrator has promulgated regulations under 40
CFR part 86, subpart D or S, prescribing emission standards, but which
are not covered by certificates of conformity issued under section
206(a) of the Clean Air Act (i.e., which are nonconforming vehicles as
defined in Sec.  85.1502), as amended, and part 86 at the time of
conditional importation. Compliance with regulations under this subpart
shall not relieve any person or entity from compliance with other
applicable provisions of the Clean Air Act. This subpart no longer
applies for heavy-duty engines certified under 40 CFR part 86, subpart
A, or 40 CFR part 1036; references in this subpart to ``engines''
therefore apply only for replacement engines intended for installation
in motor vehicles that are subject to this subpart.
* * * * *

Sec.  85.1513  --[Amended]

0
13. Amend Sec.  85.1513 by removing and reserving paragraph (e)(5).
0
14. Revise Sec.  85.1514 to read as follows:

Sec.  85.1514  Treatment of confidential information.

    The provisions of 40 CFR 1068.10 and 1068.11 apply for information
you submit under this subpart.
0
15. Amend Sec.  85.1515 by revising paragraph (a)(2)(ii)(A) to read as
follows:

Sec.  85.1515  Emission standards and test procedures applicable to
imported nonconforming motor vehicles and motor vehicle engines.

    (a) * * *
    (2) * * *
    (ii) * * *
    (A) Exhaust and fuel economy tests. You must measure emissions over
the FTP driving cycle and the highway fuel economy driving cycle as
specified in 40 CFR 1066.801 to meet the fuel economy requirements in
40 CFR part 600 and demonstrate compliance with the exhaust emission
standards in 40 CFR part 86 (other than PM). Measure exhaust emissions
and fuel economy with the same test procedures used by the original
manufacturer to test the vehicle for certification. However, you must
use an electric dynamometer meeting the requirements of 40 CFR part
1066, subpart B, unless we approve a different dynamometer based on
excessive compliance costs. If you certify based on testing with a
different dynamometer, you must state in the application for
certification that all vehicles in the emission family will comply with
emission standards if tested on an electric dynamometer.
* * * * *
0
16. Amend Sec.  85.1701 by revising paragraphs (a)(1), (b), and (c) to
read as follows:

Sec.  85.1701  General applicability.

    (a) * * *
    (1) Beginning January 1, 2014, the exemption provisions of 40 CFR
part 1068, subpart C, apply instead of the provisions of this subpart
for heavy-duty motor vehicle engines and heavy-duty motor vehicles
regulated under 40 CFR part 86, subpart A, or 40 CFR part 1036 or part
1037, except that the nonroad competition exemption of 40 CFR 1068.235
and the nonroad hardship exemption provisions of 40 CFR 1068.245,
1068.250, and 1068.255 do not apply for motor vehicle engines. Note
that the provisions for emergency vehicle field modifications in Sec.
85.1716 continue to apply for heavy-duty engines.
* * * * *
    (b) The provisions of 40 CFR 1068.10 and 1068.11 apply for
information you submit under this subpart.
    (c) References to engine families and emission control systems in
this subpart or in 40 CFR part 1068 apply to durability groups and test
groups as applicable for manufacturers certifying vehicles under the
provisions of 40 CFR part 86, subpart S.
* * * * *

Sec.  85.1712  --[Removed and Reserved]

0
17. Remove and reserve Sec.  85.1712.
0
18. Revise Sec.  85.1808 to read as follows:

Sec.  85.1808  Treatment of confidential information.

    The provisions of 40 CFR 1068.10 and 1068.11 apply for information
you submit under this subpart.
0
19. Amend Sec.  85.1901 by revising paragraph (a) to read as follows:

Sec.  85.1901  Applicability.

    (a) The requirements of this subpart shall be applicable to all
1972 and later model year motor vehicles and motor vehicle engines,
except that the provisions of 40 CFR 1068.501 apply instead for heavy-
duty motor vehicle engines and heavy-duty motor vehicles certified
under 40 CFR part 86, subpart A, or 40 CFR part 1036 or 1037 starting
January 1, 2018.
* * * * *
0
20. Revise Sec.  85.1909 to read as follows:

Sec.  85.1909  Treatment of confidential information.

    The provisions of 40 CFR 1068.10 and 1068.11 apply for information
you submit under this subpart.

Subpart V--WARRANTY REGULATIONS AND VOLUNTARY AFTERMARKET
CERTIFICATION PROGRAM

0
21. The heading of subpart V is revised to read as set forth above.
0
22. Amend Sec.  85.2102 by revising paragraphs (a)(1), (2), (4) through
(6), (10), and (13) to read as follows:

Sec.  85.2102  Definitions.

    (a) * * *
    (1) Act means Part A of Title II of the Clean Air Act, 42 U.S.C.
7421 et seq.
    (2) Office Director means the Director for the Office of
Transportation and Air

Quality in the Office of Air and Radiation of the Environmental
Protection Agency or other authorized representative of the Office
Director.
* * * * *
    (4) Emission performance warranty means that warranty given
pursuant to this subpart and 42 U.S.C. 7541(b).
    (5) Emission warranty means a warranty given pursuant to this
subpart and 42 U.S.C. 7541(a) or (b).
    (6) Model year means the manufacturer's annual production period as
described in subpart X of this part.
* * * * *
    (10) Useful life means that period established pursuant to 42
U.S.C. 7521(d) and regulations promulgated thereunder.
* * * * *
    (13) Written instructions for proper maintenance and use means
those maintenance and operation instructions specified in the owner's
manual as being necessary to assure compliance of a vehicle with
applicable emission standards for the useful life of the vehicle that
are:
    (i) In accordance with the instructions specified for performance
on the manufacturer's prototype vehicle used in certification
(including those specified for vehicles used under special
circumstances); and
    (ii) In compliance with the requirements of 40 CFR 86.1808; and
    (iii) In compliance with any other EPA regulations governing
maintenance and use instructions.
* * * * *
0
23. Amend Sec.  85.2103 by revising paragraph (a)(3) to read as
follows:

Sec.  85.2103  Emission performance warranty.

    (a) * * *
    (3) Such nonconformity results or will result in the vehicle owner
having to bear any penalty or other sanction (including the denial of
the right to use the vehicle) under local, State or Federal law, then
the manufacturer shall remedy the nonconformity at no cost to the
owner; except that, if the vehicle has been in operation for more than
24 months or 24,000 miles, the manufacturer shall be required to remedy
only those nonconformities resulting from the failure of any of the
specified major emission control components listed in 42 U.S.C.
7541(i)(2) or components which have been designated by the
Administrator to be specified major emission control components until
the vehicle has been in operation for 8 years or 80,000 miles.
* * * * *
0
24. Amend Sec.  85.2104 by revising paragraphs (a) and (h) introductory
text to read as follows:

Sec.  85.2104  Owners' compliance with instructions for proper
maintenance and use.

    (a) An emission warranty claim may be denied on the basis of
noncompliance by a vehicle owner with the written instructions for
proper maintenance and use.
* * * * *
    (h) In no case may a manufacturer deny an emission warranty claim
on the basis of--
* * * * *
0
25. Amend Sec.  85.2106 by revising paragraphs (b) introductory text,
(c), (d) introductory text, (d)(2), and (g) to read as follows:

Sec.  85.2106  Warranty claim procedures.

* * * * *
    (b) A claim under any emission warranty required by 42 U.S.C.
7541(a) or (b) may be submitted by bringing a vehicle to:
* * * * *
    (c) To the extent required by any Federal or State law, whether
statutory or common law, a vehicle manufacturer shall be required to
provide a means for non-franchised repair facilities to perform
emission warranty repairs.
    (d) The manufacturer of each vehicle to which the warranty is
applicable shall establish procedures as to the manner in which a claim
under the emission warranty is to be processed. The procedures shall--
* * * * *
    (2) Require that if the facility at which the vehicle is initially
presented for repair is unable for any reason to honor the particular
claim, then, unless this requirement is waived in writing by the
vehicle owner, the repair facility shall forward the claim to an
individual or office authorized to make emission warranty
determinations for the manufacturer.
* * * * *
    (g) The vehicle manufacturer shall incur all costs associated with
a determination that an emission warranty claim is valid.
0
26. Amend Sec.  85.2107 by revising paragraphs (a) and (b) to read as
follows:

Sec.  85.2107  Warranty remedy.

    (a) The manufacturer's obligation under the emission warranties
provided under 42 U.S.C. 7541(a) and (b) shall be to make all
adjustments, repairs or replacements necessary to assure that the
vehicle complies with applicable emission standards of the U.S.
Environmental Protection Agency, that it will continue to comply for
the remainder of its useful life (if proper maintenance and operation
are continued), and that it will operate in a safe manner. The
manufacturer shall bear all costs incurred as a result of the above
obligation, except that after the first 24 months or 24,000 miles
(whichever first occurs) the manufacturer shall be responsible only
for:
    (1) The adjustment, repair or replacement of any of the specified
major emission control components listed in 42 U.S.C. 7541(i)(2) or
components which have been designated by the administrator to be
specified major emission control components until the vehicle has been
in operation for 8 years or 80,000 miles; and
    (2) All other components which must be adjusted, repaired or
replaced to enable a component adjusted, repaired, or replaced under
paragraph (a)(1) of this section to perform properly.
    (b) Manufacturers shall be liable for the total cost of the remedy
for any vehicle validly presented for repair under an emission warranty
to any authorized service facility authorized by the vehicle
manufacturer. State or local limitations as to the extent of the
penalty or sanction imposed upon an owner of a failed vehicle shall
have no bearing on this liability.
* * * * *
0
27. Amend Sec.  85.2109 by revising paragraphs (a) introductory text
and (a)(6) to read as follows:

Sec.  85.2109  Inclusion of warranty provisions in owners' manuals and
warranty booklets.

    (a) A manufacturer shall furnish with each new motor vehicle, a
full explanation of the emission warranties required by 42 U.S.C.
7541(a) and (b), including at a minimum the following information:
* * * * *
    (6) An explanation that an owner may obtain further information
concerning the emission warranties or that an owner may report
violations of the terms of the Emission warranties provided under 42
U.S.C. 7541(a) and (b) by contacting the Director, Compliance Division,
Environmental Protection Agency, 2000 Traverwood Dr, Ann Arbor, MI
48105 (Attention: Warranty) or email to: [email protected].
* * * * *
0
28. Amend Sec.  85.2111 by revising the introductory text and
paragraphs (b) introductory text, (c), and (d) to read as follows:

Sec.  85.2111  Warranty enforcement.

    The following acts are prohibited and may subject a manufacturer to
a civil penalty as described in paragraph (d) of this section:
* * * * *
    (b) Failing or refusing to comply with the terms and conditions of
the emission warranties provided under 42 U.S.C. 7541(a) and (b) with
respect to any vehicle to which this subpart applies. Acts constituting
such a failure or refusal shall include, but are not limited to, the
following:
* * * * *
    (c) To provide directly or indirectly in any communication to the
ultimate purchaser or any subsequent purchaser that emission warranty
coverage is conditioned upon the use of any name brand component, or
system or upon service (other than a component or service provided
without charge under the terms of the purchase agreement), unless the
communication is made pursuant to a written waiver by the Office
Director.
    (d) The maximum penalty value is $37,500 for each offense that
occurs after November 2, 2015. Maximum penalty limits may be adjusted
based on the Consumer Price Index as described at 40 CFR part 19.
* * * * *
0
29. Revise Sec.  85.2123 to read as follows:

Sec.  85.2123  Treatment of confidential information.

    The provisions of 40 CFR 1068.10 and 1068.11 apply for information
you submit under this subpart.

PART 86--CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES
AND ENGINES

0
30. The authority citation for part 86 continues to read as follows:

    Authority:  42 U.S.C. 7401-7671q.

0
31. Amend Sec.  86.007-11 by revising paragraphs (f) and (g)
introductory text to read as follows:

Sec.  86.007-11  Emission standards and supplemental requirements for
2007 and later model year diesel heavy-duty engines and vehicles.

* * * * *
    (f) Model year 2007 and later diesel-fueled heavy-duty engines and
vehicles for sale in Guam, American Samoa, or the Commonwealth of the
Northern Mariana Islands may be subject to alternative standards under
40 CFR 1036.655.
    (g) Model years 2018 through 2026 engines at or above 56 kW that
will be installed in specialty vehicles as allowed by 40 CFR 1037.605
may meet alternate emission standards as follows:
* * * * *
0
32. Amend Sec.  86.008-10 by revising paragraph (g) introductory text
to read as follows:

Sec.  86.008-10  Emission standards for 2008 and later model year Otto-
cycle heavy-duty engines and vehicles.

* * * * *
    (g) Model years 2018 through 2026 engines that will be installed in
specialty vehicles as allowed by 40 CFR 1037.605 may meet alternate
emission standards as follows:
* * * * *
0
33. Amend Sec.  86.010-18 by:
0
a. Revising paragraph (a) introductory text.
0
b. Removing and reserving paragraph (o)
    The revision reads as follows:

Sec.  86.010-18  On-board Diagnostics for engines used in applications
greater than 14,000 pounds GVWR.

    (a) General. Heavy-duty engines intended for use in a heavy-duty
vehicle weighing more than 14,000 pounds GVWR must be equipped with an
on-board diagnostic (OBD) system capable of monitoring all emission-
related engine systems or components during the life of the engine. The
OBD requirements of 40 CFR 1036.110 apply starting in model year 2027.
In earlier model years, manufacturers may meet the requirements of this
section or the requirements of 40 CFR 1036.110. Note that 40 CFR
1036.150(u) allows for an alternative communication protocol before
model year 2027. The OBD system is required to detect all malfunctions
specified in paragraphs (g), (h), and (i) of this section even though
the OBD system is not required to use a unique monitor to detect each
of those malfunctions.
* * * * *
0
34. Amend Sec.  86.016-1 by:
0
a. Revising paragraphs (a) introductory text, (d) introductory text,
and (d)(4).
0
b. Adding and reserving paragraph (i).
0
c. Adding paragraph (j).
    The revisions and additions read as follows:

Sec.  86.016-1  General applicability.

    (a) Applicability. The provisions of this subpart apply for certain
types of new heavy-duty engines and vehicles as described in this
section. As described in paragraph (j) of this section, most of this
subpart no longer applies starting with model year 2027. Note that this
subpart does not apply for light-duty vehicles, light-duty trucks,
medium-duty passenger vehicles, or vehicles at or below 14,000 pounds
GVWR that have no propulsion engine, such as electric vehicles; see
subpart S of this part for requirements that apply for those vehicles.
In some cases, manufacturers of heavy-duty engines and vehicles can
choose to meet the requirements of this subpart or the requirements of
subpart S of this part; those provisions are therefore considered
optional, but only to the extent that manufacturers comply with the
other set of requirements. In cases where a provision applies only for
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. The provisions of
this subpart apply for certain heavy-duty engines and vehicles as
follows:
* * * * *
    (d) Non-petroleum fueled vehicles. Standards and requirements apply
to model year 2016 and later non-petroleum fueled motor vehicles as
follows:
* * * * *
    (4) The standards and requirements of 40 CFR part 1037 apply for
vehicles above 14,000 pounds GVWR that have no propulsion engine, such
as electric vehicles. Electric heavy-duty vehicles may not generate PM
emission credits. Electric heavy-duty vehicles may not generate
NOX emission credits except as allowed under 40 CFR part
1037.
* * * * *
    (i) [Reserved]
    (j) Transition to 40 CFR parts 1036 and 1037. Except for Sec.
86.010-38(j), this subpart no longer applies starting with model year
2027. Individual provisions in 40 CFR parts 1036 and 1037 apply instead
of the provisions of this subpart before model year 2027 as specified
in this subpart and 40 CFR parts 1036 and 1037.
0
35. Amend Sec.  86.090-5 by adding paragraph (b)(4) to read as follows.

Sec.  86.090-5  General standards; increase in emissions; unsafe
conditions.

* * * * *
    (b) * * *
    (4) Manufacturers of engines equipped with vanadium-based SCR
catalysts must design the engine and its emission controls to prevent
vanadium sublimation and protect the catalyst from high temperatures as
described in 40 CFR 1036.115(g)(2).
0
36. Amend Sec.  86.117-96 by revising paragraph (d)(1) introductory
text and adding paragraphs (d)(1)(iii) and (iv) to read as follows.

Sec.  86.117-96  Evaporative emission enclosure calibrations.

* * * * *
    (d) * * *
    (1) The calculation of net methanol and hydrocarbon mass change is
used to determine enclosure background and leak rate. It is also used
to check the enclosure volume measurements. The methanol mass change is
calculated from the initial and final methanol samples, the net
withdrawn methanol (in the case of diurnal emission testing with fixed-
volume enclosures), and initial and final temperature and pressure
according to the following equation:
[GRAPHIC] [TIFF OMITTED] TP28MR22.013

* * * * *
    (iii) TE = temperature of sample withdrawn, R.
    (iv) TSHED = temperature of SHED, R.
* * * * *
0
37. Add Sec.  86.450 to subpart E to read as follows:

Sec.  86.450  Treatment of confidential information.

    The provisions of 40 CFR 1068.10 and 1068.11 apply for information
you submit under this subpart.

Subpart I--[Removed and Reserved]

0
38. Subpart I, consisting of Sec. Sec.  86.1101-87 through 86.1116-87,
is removed and reserved.
0
39. Add Sec.  86.1117 to subpart L to read as follows:

Sec.  86.1117  Labeling.

    (a) Light-duty trucks and heavy-duty vehicles and engines for which
nonconformance penalties are to be paid in accordance with Sec.
86.1113-87(b) must have information printed on the emission control
information label or a supplemental label as follows.
    (1) The manufacturer must begin labeling production engines or
vehicles within 10 days after the completion of the PCA.
    (2) This statement shall read: ``The manufacturer of this [engine
or vehicle, as applicable] will pay a nonconformance penalty to be
allowed to introduce it into U.S. commerce at an emission level higher
than the applicable emission standard. The [compliance level or
alternative emission standard] for this engine/vehicle is [insert the
applicable pollutant and compliance level calculated in accordance with
Sec.  86.1112-87(a)].''
    (3) If a manufacturer introduces an engine or vehicle into U.S.
commerce prior to the compliance level determination of Sec.  86.1112-
87(a), it must provide the engine or vehicle owner with a label as
described in paragraph (a)(2) of this section to be affixed in a
location in proximity to the emission control information label within
30 days of the completion of the PCA.
    (b) The Administrator may approve in advance other label content
and formats, provided the alternative label contains information
consistent with this section.
0
40. Revise Sec.  86.1301 to read as follows:

Sec.  86.1301  Scope; applicability.

    (a) This subpart specifies gaseous emission test procedures for
Otto-cycle and diesel heavy-duty engines, and particulate emission test
procedures for diesel heavy-duty engines.
    (b) You may optionally demonstrate compliance with the emission
standards of this part by testing hybrid engines and hybrid powertrains
using the test procedures in 40 CFR part 1036, rather than testing the
engine alone. If you choose this option, you may meet the supplemental
emission test (SET) requirements by using the SET duty cycle specified
in either Sec.  86.1362 or 40 CFR 1036.505. Except as specified,
provisions of this subpart and subpart A of this part that reference
engines apply equally to hybrid engines and hybrid powertrains.
    (c) The abbreviations and acronyms from subpart A of this part
apply to this subpart.

Sec.  Sec.  86.1302-84, 86.1303-84, and 86.1304--[Removed]

0
41. Remove Sec. Sec.  86.1302-84, 86.1303-84, and 86.1304.
0
42. Amend Sec.  86.1362 by revising paragraph (b) to read as follows:

Sec.  86.1362  Steady-state testing with a ramped-modal cycle.

* * * * *
    (b) Measure emissions by testing the engine on a dynamometer with
the following ramped-modal duty cycle to determine whether it meets the
applicable steady-state emission standards in this part and 40 CFR part
1036:

                                                                                Table 1 of Sec.   86.1362--Ramped-Modal Duty Cycle
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                   Engine testing                                                                        Hybrid powertrain testing
                                ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
            RMC mode              Time in                                                                                Road-grade coefficients \4\                                             CO2weighting
                                    mode     Engine speed \1\    Torque (percent)   Vehicle speed (mi/ ----------------------------------------------------------------------------------------------------------------   (percent) \5\
                                 (seconds)          \2\               \2\ \3\             hr) \4\             a             b             c             d             e             f             g             h
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1a Steady-state................        170  Warm Idle.........  0.................  0.................             0             0             0             0             0             0             0             0               6
1b Transition..................         20  Linear Transition.  Linear Transition.  Linear Transition.    -1.898E-08    -5.895E-07     3.780E-05     4.706E-03     6.550E-04    -2.679E-02    -1.027E+00     1.542E+01  ................
2a Steady-state................        173  A.................  100...............  vrefA.............    -1.235E-08    -5.506E-07     3.954E-05     1.248E-03     5.287E-04    -3.117E-02    -3.263E-01     1.627E+01               9
2b Transition..................         20  Linear Transition.  Linear Transition.  Linear Transition.    -1.640E-09    -4.899E-07     2.493E-05     5.702E-04     4.768E-04    -2.389E-02    -2.712E-01     1.206E+01  ................
3a Steady-state................        219  B.................  50................  vrefB.............     8.337E-09    -4.758E-07     1.291E-05     2.874E-04     4.528E-04    -1.803E-02    -1.830E-01     8.808E+00              10
3b Transition..................         20  B.................  Linear Transition.  vrefB.............     4.263E-09    -5.102E-07     2.010E-05     3.703E-04     4.852E-04    -2.242E-02    -2.068E-01     1.074E+01  ................
4a Steady-state................        217  B.................  75................  vrefB.............     1.686E-10    -5.226E-07     2.579E-05     5.521E-04     5.005E-04    -2.561E-02    -2.393E-01     1.285E+01              10
4b Transition..................         20  Linear Transition.  Linear Transition.  Linear Transition.     6.556E-10    -4.971E-07     2.226E-05     5.293E-04     4.629E-04    -2.185E-02    -1.819E-01     1.086E+01  ................
5a Steady-state................        103  A.................  50................  vrefA.............     3.833E-09    -4.343E-07     1.369E-05     4.755E-04     4.146E-04    -1.605E-02    -1.899E-01     8.200E+00              12
5b Transition..................         20  A.................  Linear Transition.  vrefA.............    -7.526E-11    -4.680E-07     2.035E-05     7.214E-04     4.478E-04    -2.012E-02    -2.306E-01     1.043E+01  ................
6a Steady-state................        100  A.................  75................  vrefA.............    -4.195E-09    -4.855E-07     2.624E-05     8.345E-04     4.669E-04    -2.338E-02    -2.547E-01     1.215E+01              12
6b Transition..................         20  A.................  Linear Transition.  vrefA.............     3.185E-09    -4.545E-07     1.549E-05     6.220E-04     4.308E-04    -1.724E-02    -2.093E-01     8.906E+00  ................
7a Steady-state................        103  A.................  25................  vrefA.............     1.202E-08    -3.766E-07     6.943E-07     1.107E-04     3.579E-04    -8.468E-03    -1.243E-01     4.195E+00              12
7b Transition..................         20  Linear Transition.  Linear Transition.  Linear Transition.     1.481E-09    -5.004E-07     2.151E-05     6.028E-04     4.765E-04    -2.197E-02    -2.669E-01     1.109E+01  ................
8a Steady-state................        194  B.................  100...............  vrefB.............    -8.171E-09    -5.682E-07     3.880E-05     8.171E-04     5.462E-04    -3.315E-02    -2.957E-01     1.689E+01               9
8b Transition..................         20  B.................  Linear Transition.  vrefB.............     3.527E-09    -5.294E-07     2.221E-05     4.955E-04     4.976E-04    -2.363E-02    -2.253E-01     1.156E+01  ................
9a Steady-state................        218  B.................  25................  vrefB.............     1.665E-08    -4.288E-07    -1.393E-07     2.170E-05     4.062E-04    -1.045E-02    -1.266E-01     4.762E+00               9
9b Transition..................         20  Linear Transition.  Linear Transition.  Linear Transition.     7.236E-09    -5.497E-07     1.998E-05     1.381E-04     5.110E-04    -2.333E-02    -2.154E-01     1.024E+01  ................
10a Steady-state...............        171  C.................  100...............  vrefC.............    -7.509E-10    -5.928E-07     3.454E-05     5.067E-04     5.670E-04    -3.353E-02    -2.648E-01     1.649E+01               2
10b Transition.................         20  C.................  Linear Transition.  vrefC.............     1.064E-08    -5.343E-07     1.678E-05     2.591E-04     5.101E-04    -2.331E-02    -2.017E-01     1.119E+01  ................
11a Steady-state...............        102  C.................  25................  vrefC.............     2.235E-08    -4.756E-07    -2.078E-06    -6.006E-05     4.509E-04    -1.213E-02    -1.261E-01     5.090E+00               1
11b Transition.................         20  C.................  Linear Transition.  vrefC.............     1.550E-08    -5.417E-07     1.114E-05     8.438E-05     5.051E-04    -2.005E-02    -1.679E-01     8.734E+00  ................
12a Steady-state...............        100  C.................  75................  vrefC.............     7.160E-09    -5.569E-07     2.234E-05     3.107E-04     5.301E-04    -2.644E-02    -2.177E-01     1.266E+01               1
12b Transition.................         20  C.................  Linear Transition.  vrefC.............     9.906E-09    -5.292E-07     1.694E-05     2.460E-04     5.058E-04    -2.304E-02    -1.990E-01     1.103E+01  ................
13a Steady-state...............        102  C.................  50................  vrefC.............     1.471E-08    -5.118E-07     9.881E-06     1.002E-04     4.864E-04    -1.904E-02    -1.678E-01     8.738E+00               1
13b Transition.................         20  Linear Transition.  Linear Transition.  Linear Transition.    -1.482E-09    -1.992E-06     6.475E-05    -1.393E-02     1.229E-03    -3.967E-02     1.135E+00    -7.267E+00  ................

14 Steady-state................        168  Warm Idle.........  0.................  0.................             0             0             0             0             0             0             0             0               6
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Engine speed terms are defined in 40 CFR part 1065.
\2\ Advance from one mode to the next within a 20 second transition phase. During the transition phase, command a linear progression from the settings of the current mode to the settings of the next mode.
\3\ The percent torque is relative to maximum torque at the commanded engine speed.
\4\ See 40 CFR 1036.505(c) for a description of powertrain testing with the ramped-modal cycle, including the equation that uses the road-grade coefficients.
\5\ Use the specified weighting factors to calculate composite emission results for CO2 as specified in 40 CFR 1036.501.

0
43. Amend Sec.  86.1372 by revising paragraph (a) introductory text to
read as follows:

Sec.  86.1372  Measuring smoke emissions within the NTE zone.

* * * * *
    (a) For steady-state or transient smoke testing using full-flow
opacimeters, equipment meeting the requirements of 40 CFR part 1065,
subpart L, or ISO/DIS-11614 ``Reciprocating internal combustion
compression-ignition engines--Apparatus for measurement of the opacity
and for determination of the light absorption coefficient of exhaust
gas'' is required. ISO/DIS-11614 is incorporated by reference (see
Sec.  86.1).
* * * * *
0
44. Amend Sec.  86.1801-12 by revising paragraphs (a)(2) introductory
text, (a)(2)(iii), (a)(3) introductory text, and (g) to read as
follows:

Sec.  86.1801-12  Applicability.

    (a) * * *
    (2) The provisions of this subpart apply for medium-duty passenger
vehicles and all vehicles at or below 14,000 pounds GVWR that have no
propulsion engine, such as electric vehicles. The provisions of this
subpart also apply for other complete heavy-duty vehicles at or below
14,000 pounds GVWR, except as follows:
* * * * *
    (iii) The provisions of this subpart are optional for diesel-fueled
Class 3 heavy-duty vehicles in a given model year if those vehicles are
equipped with engines certified to the appropriate standards in Sec.
86.007-11 or 40 CFR 1036.104 for which less than half of the engine
family's sales for the model year in the United States are for complete
Class 3 heavy-duty vehicles. This includes engines sold to all vehicle
manufacturers. If you are the original manufacturer of the engine and
the vehicle, base this showing on your sales information. If you
manufacture the vehicle but are not the original manufacturer of the
engine, you must use your best estimate of the original manufacturer's
sales information.
    (3) The provisions of this subpart generally do not apply to
incomplete heavy-duty vehicles or to complete vehicles above 14,000
pounds GVWR (see Sec.  86.016-1 and 40 CFR parts 1036 and 1037).
However, this subpart applies to such vehicles in the following cases:
* * * * *
    (g) Complete and incomplete vehicles. Several provisions in this
subpart, including the applicability provisions described in this
section, are different for complete and incomplete vehicles. We
differentiate these vehicle types as described in 40 CFR 1037.801.
* * * * *
0
45. Amend Sec.  86.1810-17 by adding paragraph (j) to read as follows:

Sec.  86.1810-17  General requirements.

* * * * *
    (j) Small-volume manufacturers that modify a vehicle already
certified by a different company may recertify that vehicle under this
subpart S based on the vehicle supplier's compliance with fleet average
standards for criteria exhaust emissions, evaporative emissions, and
greenhouse gas emissions as follows:
    (1) The recertifying manufacturer must certify the vehicle at bin
levels and family emission limits that are the same as or more
stringent than the corresponding bin levels and family emission limits
for the vehicle supplier.
    (2) The recertifying manufacturer must meet all the standards and
requirements described in this subpart S, except for the fleet average
standards for criteria exhaust emissions, evaporative emissions, and
greenhouse gas emissions.
    (3) The vehicle supplier must send the small-volume manufacturer a
written statement accepting responsibility to include the subject
vehicles in the vehicle supplier's exhaust and evaporative fleet
average calculations in Sec. Sec.  86.1860-17, 86.1864-10, and 86.1865-
12.
    (4) The small-volume manufacturer must describe in the application
for certification how the two companies are working together to
demonstrate compliance for the subject vehicles. The application must
include the statement from the vehicle supplier described in paragraph
(j)(3) of this section.
    (5) The vehicle supplier must include a statement that the vehicle
supplier is including the small volume manufacturer's sales volume and
emissions levels in the vehicle supplier's fleet average reports under
Sec. Sec.  86.1860-17, 86.1864-10, and 86.1865-12.

Sec.  86.1819  [Removed]

0
46. Remove Sec.  86.1819.
0
47. Amend Sec.  86.1819-14 by revising paragraph (d)(12)(i) to read as
follows:

Sec.  86.1819-14  Greenhouse gas emission standards for heavy-duty
vehicles.

* * * * *
    (d) * * *
    (12) * * *
    (i) Configuration means a subclassification within a test group
based on engine code, transmission type and gear ratios, final drive
ratio, and other parameters we designate. Engine code means the
combination of both ``engine code'' and ``basic engine'' as defined for
light-duty vehicles in 40 CFR 600.002.
* * * * *
0
48. Amend Sec.  86.1823-08 by:
0
a. Revising paragraph (c)(1)(iv)(A).
0
b. Adding paragraph (m) introductory text.
0
c. Revising paragraph (m)(1).
    The addition and revisions read as follows:

Sec.  86.1823-08  Durability demonstration procedures for exhaust
emissions.

* * * * *
    (c) * * *
    (1) * * *
    (iv) * * *
    (A) The simulated test weight will be the equivalent test weight
specified in Sec.  86.129 using a weight basis of the loaded vehicle
weight for light-duty vehicles and light light-duty trucks, and ALVW
for all other vehicles.
* * * * *
    (m) Durability demonstration procedures for vehicles subject to the
greenhouse gas exhaust emission standards specified in Sec.  86.1818.
Determine a deterioration factor for each exhaust constituent as
described in this paragraph (m) and in 40 CFR 600.113-12(h) through (m)
to calculate the composite CREE DF value.
    (1) CO2. (i) Unless otherwise specified under paragraph (m)(1)(ii)
or (iii) of this section, manufacturers may use a multiplicative
CO2 deterioration factor of one or an additive deterioration
factor of zero to determine full useful life emissions for the FTP and
HFET tests.
    (ii) Based on an analysis of industry-wide data, EPA may
periodically establish and/or update the deterioration factor for
CO2 emissions, including air conditioning and other credit-
related emissions. Deterioration factors established and/or updated
under this paragraph (m)(1)(ii) will provide adequate lead time for
manufacturers to plan for the change.
    (iii) For plug-in hybrid electric vehicles and any other vehicle
model the manufacturer determines will experience increased
CO2 emissions over the vehicle's useful life, consistent
with good engineering judgment, manufacturers must either install aged
components on test vehicles as provided in paragraph (f)(2) of this
section, determine a deterioration factor based on testing, or provide
an engineering analysis that the vehicle is designed such that
CO2 emissions will not increase over the vehicle's useful
life. Manufacturers may test using the whole-vehicle mileage
accumulation

procedures in Sec.  86.1823-08 (c) or (d)(1), or manufacturers may
request prior EPA approval for an alternative durability procedure
based on good engineering judgment. For the testing option, each FTP
test performed on the durability data vehicle selected under Sec.
86.1822 must also be accompanied by an HFET test, and combined FTP/HFET
CO2 results determined by averaging the city (FTP) and
highway (HFET) CO2 values, weighted 0.55 and 0.45
respectively. The deterioration factor will be determined for this
combined CO2 value. Calculated multiplicative deterioration
factors that are less than one shall be set to equal one, and
calculated additive deterioration factors that are less than zero shall
be set to zero.
* * * * *
0
49. Amend Sec.  86.1843-01 by revising paragraph (f)(2) and adding
paragraph (i) to read as follows:

Sec.  86.1843-01  General information requirements.

* * * * *
    (f) * * *
    (2) The manufacturer must submit a final update to Part 1 and Part
2 of the Application by May 1 following the end of the model year to
incorporate any applicable running changes or corrections which
occurred between January 1 of the applicable model year and the end of
the model year. A manufacturer may request an extension for submitting
the final update. The request must clearly indicate the circumstances
necessitating the extension.
* * * * *
    (i) Confidential information. The provisions of 40 CFR 1068.10 and
1068.11 apply for information you submit under this subpart.
0
50. Amend Sec.  86.1869-12 by revising paragraph (d)(2)(i) to read as
follows:

Sec.  86.1869-12  CO2 credits for off-cycle CO2 reducing technologies.

* * * * *
    (d) * * *
    (2) Notice and opportunity for public comment. (i) The
Administrator will publish a notice of availability in the Federal
Register notifying the public of a manufacturer's proposed alternative
off-cycle credit calculation methodology. The notice will include
details regarding the proposed methodology but will not include any
Confidential Business Information (see 40 CFR 1068.10 and 1068.11). The
notice will include instructions on how to comment on the methodology.
The Administrator will take public comments into consideration in the
final determination and will notify the public of the final
determination. Credits may not be accrued using an approved methodology
until the first model year for which the Administrator has issued a
final approval.
* * * * *

PART 87--CONTROL OF AIR POLLUTION FROM AIRCRAFT AND AIRCRAFT
ENGINES

0
51. The authority citation for part 87 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

0
52. Revise Sec.  87.4 to read as follows:

Sec.  87.4  Treatment of confidential information.

    The provisions of 40 CFR 1068.10 and 1068.11 apply for information
you submit under this part.

Sec.  87.42  [Amended]

0
53. Amend Sec.  87.42 by removing and reserving paragraph (d).

PART 600--FUEL ECONOMY AND GREENHOUSE GAS EXHAUST EMISSIONS OF
MOTOR VEHICLES

0
54. The authority citation for part 600 continues to read as follows:

    Authority: 49 U.S.C. 32901-23919q, Pub. L. 109-58.

0
55. Amend Sec.  600.001 by removing the paragraph heading from
paragraph (e) and adding paragraph (f) to read as follows:

Sec.  600.001  General applicability.

* * * * *
    (f) Unless we specify otherwise, send all reports and requests for
approval to the Designated Compliance Officer (see Sec.  600.002).
0
56. Amend Sec.  600.002 by adding a definition for ``Designated
Compliance Officer'' in alphabetical order and revising the definitions
for ``Engine code'', ``SC03'', and ``US06'' to read as follows:

Sec.  600.002  Definitions.

* * * * *
    Designated Compliance Officer means the Director, Light-Duty
Vehicle Center, U.S. Environmental Protection Agency, 2000 Traverwood
Drive, Ann Arbor, MI 48105; [email protected]; www.epa.gov/ve-certification.
* * * * *
    Engine code means one of the following:
    (1) For LDV, LDT, and MDPV, engine code means a unique combination,
within a test group (as defined in Sec.  86.1803 of this chapter), of
displacement, fuel injection (or carburetion or other fuel delivery
system), calibration, distributor calibration, choke calibration,
auxiliary emission control devices, and other engine and emission
control system components specified by the Administrator. For electric
vehicles, engine code means a unique combination of manufacturer,
electric traction motor, motor configuration, motor controller, and
energy storage device.
    (2) For HDV, engine code has the meaning given in Sec.  86.1819-
14(d)(12) of this chapter.
* * * * *
    SC03 means the test procedure specified in 40 CFR 1066.801(c)(2).
* * * * *
    US06 means the test procedure as described in 40 CFR
1066.801(c)(2).
* * * * *
0
57. Amend Sec.  600.011 by revising paragraphs (a) and (c)(2) to read
as follows:

Sec.  600.011  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other
than that specified in this section, the Environmental Protection
Agency (EPA) must publish a document in the Federal Register and the
material must be available to the public. All approved material is
available for inspection at the EPA and at the National Archives and
Records Administration (NARA). Contact EPA at: U.S. EPA, Air and
Radiation Docket and Information Center, 1301 Constitution Ave. NW,
Room B102, EPA West Building, Washington, DC 20460, www.epa.gov/dockets,<PHONE_NUMBER>. For information on the availability of this
material at NARA, email: [email protected], or go to:
www.archives.gov/federal-register/cfr/ibr-locations.html. The material
may be obtained from the sources in the following paragraphs of this
section.
* * * * *
    (c) * * *
    (2) SAE J1634, Battery Electric Vehicle Energy Consumption and
Range Test Procedure, revised July 2017; IBR approved for Sec. Sec.
600.116-12(a); 600.210-12(d); 600.311-12(j) and (k).
* * * * *

Sec. Sec.  600.106-08, 600.108-08, 600.109-08, and 600.110-
08  [Removed]

0
58. Amend subpart B by removing the following sections: Sec. Sec.
600.106-08, 600.108-08, 600.109-08, and 600.110-08.

0
59. Amend Sec.  600.111-08 by revising the introductory text to read as
follows:

Sec.  600.111-08  Test procedures.

    This section describes test procedures for the FTP, highway fuel
economy test (HFET), US06, SC03, and the cold temperature FTP tests.
See 40 CFR 1066.801(c) for an overview of these procedures. Perform
testing according to test procedures and other requirements contained
in this part 600 and in 40 CFR part 1066. This testing includes
specifications and procedures for equipment, calibrations, and exhaust
sampling. Manufacturers may use data collected according to previously
published test procedures for model years through 2021. In addition, we
may approve the use of previously published test procedures for later
model years as an alternative procedure under 40 CFR 1066.10(c).
Manufacturers must comply with regulatory requirements during the
transition as described in 40 CFR 86.101 and 86.201.
* * * * *

Sec.  600.112-08  [Removed]

0
60. Remove Sec.  600.112-08.
0
61. Amend Sec.  600.113-12 by revising paragraphs (a)(1), (b) through
(d), and (e)(1) to read as follows:

Sec.  600.113-12  Fuel economy, CO2 emissions, and carbon-
related exhaust emission calculations for FTP, HFET, US06, SC03 and
cold temperature FTP tests.

* * * * *
    (a) * * *
    (1) Calculate the weighted grams/mile values for the FTP test for
CO2, HC, and CO, and where applicable, CH3OH,
C2H5OH, C2H4O, HCHO, NMHC,
N2O, and CH4 as specified in 40 CFR 1066.605.
Measure and record the test fuel's properties as specified in paragraph
(f) of this section.
* * * * *
    (b) Calculate the HFET fuel economy as follows:
    (1) Calculate the mass values for the highway fuel economy test for
HC, CO, and CO2, and where applicable, CH3OH,
C2H5OH, C2H4O, HCHO, NMHC,
N2O, and CH4 as specified in 40 CFR 1066.605.
Measure and record the test fuel's properties as specified in paragraph
(f) of this section.
    (2) Calculate the grams/mile values for the highway fuel economy
test for HC, CO, and CO2, and where applicable
CH3OH, C2H5OH,
C2H4O, HCHO, NMHC, N2O, and
CH4 by dividing the mass values obtained in paragraph (b)(1)
of this section, by the actual driving distance, measured in miles, as
specified in 40 CFR 1066.840.
    (c) Calculate the cold temperature FTP fuel economy as follows:
    (1) Calculate the weighted grams/mile values for the cold
temperature FTP test for HC, CO, and CO2, and where
applicable, CH3OH, C2H5OH,
C2H4O, HCHO, NMHC, N2O, and
CH4 as specified in 40 CFR 1066.605.
    (2) Calculate separately the grams/mile values for the cold
transient phase, stabilized phase and hot transient phase of the cold
temperature FTP test as specified in 40 CFR 1066.605.
    (3) Measure and record the test fuel's properties as specified in
paragraph (f) of this section.
    (d) Calculate the US06 fuel economy as follows:
    (1) Calculate the total grams/mile values for the US06 test for HC,
CO, and CO2, and where applicable, CH3OH,
C2H5OH, C2H4O, HCHO, NMHC,
N2O, and CH4 as specified in 40 CFR 1066.605.
    (2) Calculate separately the grams/mile values for HC, CO, and
CO2, and where applicable, CH3OH,
C2H5OH, C2H4O, HCHO, NMHC,
N2O, and CH4, for both the US06 City phase and
the US06 Highway phase of the US06 test as specified in 40 CFR 1066.605
and 1066.831. In lieu of directly measuring the emissions of the
separate city and highway phases of the US06 test according to the
provisions of 40 CFR 1066.831, the manufacturer may optionally, with
the advance approval of the Administrator and using good engineering
judgment, analytically determine the grams/mile values for the city and
highway phases of the US06 test. To analytically determine US06 City
and US06 Highway phase emission results, the manufacturer shall
multiply the US06 total grams/mile values determined in paragraph
(d)(1) of this section by the estimated proportion of fuel use for the
city and highway phases relative to the total US06 fuel use. The
manufacturer may estimate the proportion of fuel use for the US06 City
and US06 Highway phases by using modal CO2, HC, and CO
emissions data, or by using appropriate OBD data (e.g., fuel flow rate
in grams of fuel per second), or another method approved by the
Administrator.
    (3) Measure and record the test fuel's properties as specified in
paragraph (f) of this section.
    (e) * * *
    (1) Calculate the grams/mile values for the SC03 test for HC, CO,
and CO2, and where applicable, CH3OH,
C2H5OH, C2H4O, HCHO, NMHC,
N2O, and CH4 as specified in 40 CFR 1066.605.
* * * * *
0
62. Amend Sec.  600.115-11 by revising the introductory text to read as
follows:

Sec.  600.115-11  Criteria for determining the fuel economy label
calculation method.

    This section provides the criteria to determine if the derived 5-
cycle method for determining fuel economy label values, as specified in
Sec.  600.210-08(a)(2) or (b)(2) or Sec.  600.210-12(a)(2) or (b)(2),
as applicable, may be used to determine label values. Separate criteria
apply to city and highway fuel economy for each test group. The
provisions of this section are optional. If this option is not chosen,
or if the criteria provided in this section are not met, fuel economy
label values must be determined according to the vehicle-specific 5-
cycle method specified in Sec.  600.210-08(a)(1) or (b)(1) or Sec.
600.210-12(a)(1) or (b)(1), as applicable. However, dedicated
alternative-fuel vehicles (other than battery electric vehicles), dual
fuel vehicles when operating on the alternative fuel, MDPVs, and
vehicles imported by Independent Commercial Importers may use the
derived 5-cycle method for determining fuel economy label values
whether or not the criteria provided in this section are met.
Manufacturers may alternatively account for this effect for battery
electric vehicles, fuel cell vehicles, and plug-in hybrid electric
vehicles (when operating in the charge-depleting mode) by multiplying
2-cycle fuel economy values by 0.7 and dividing 2-cycle CO2
emission values by 0.7.
* * * * *
0
63. Amend Sec.  600.116-12 by revising paragraph (a) to read as
follows:

Sec.  600.116-12  Special procedures related to electric vehicles and
hybrid electric vehicles.

    (a) Determine fuel economy values for electric vehicles as
specified in Sec. Sec.  600.210 and 600.311 using the procedures of SAE
J1634 (incorporated by reference in Sec.  600.011). Use the procedures
of SAE J1634, Section 8, with the following clarifications and
modifications for using this and other sections of SAE J1634:
    (1) Vehicles that cannot complete the Multi-Cycle Range and Energy
Consumption Test (MCT) because they are unable travel the distance
required to complete the test with a fully charged battery, or they are
unable to achieve the maximum speed on either the UDDS or HFEDS
(Highway Fuel Economy Drive Cycle also known as the HFET) cycle should
seek Administrator approval to use the procedures outlined in SAE J1634
Section 7 Single Cycle Range and Energy Consumption Test (SCT).
    (2) The MCT includes the following key-on soak times and key-off
soak periods:

    (i) As noted in SAE J1634 Section 8.3.4, a 15 second key-on pause
is required between UDDS1 and HFEDS1, and
UDDS3 and HFEDS2. The key-on pause is considered
a part of the HFEDS1 and HFEDS2 drive cycle.
    (ii) As noted in SAE J1634 Section 8.3.4, a 10 minute key-off soak
period is required between HFEDS1 and UDDS2, and
HFEDS2 and UDDS4.
    (iii) A 5-minute minimum key-off soak period is required between
UDDS2 and the first phase of the mid-test constant speed
cycle, and UDDS4 and the first phase of the end-of-test
constant speed cycle.
    (iv) If multiple phases are required during either the mid-test
constant speed cycle or the end-of-test constant speed cycle there must
be a minimum 5-minute key-off soak period between each constant speed
phase. The key-off soak periods between the constant speed phases may
last for up to a maximum of 30 minutes.
    (3) As noted in SAE J1634 Section 8.3.4, during all `key-off' soak
periods, the key or power switch must be in the ``off'' position, the
hood must be closed, the test cell fan(s) must be off, and the brake
pedal not depressed. For vehicles which do not have a key or power
switch the vehicle must be placed in the `mode' the manufacturer
recommends when the vehicle is to be parked and the occupants exit the
vehicle.
    (4) Either Method 1 or Method 2 described in Appendix A of SAE
J1634 may be used to estimate the mid-test constant speed cycle
distance (dM). The mid-test constant speed cycle distance
calculation needs to be performed prior to beginning the test and
should not use data from the test being performed. If Method 2 is used,
multiply the result determined by the Method 2 equation by 0.8 to
determine the mid-test constant speed cycle distance (dM).
    (5) Divide the mid-test constant speed cycle distance
(dM) by 65 mph to determine the total time required for the
mid-test constant speed cycle. If the time required is one-hour or less
the mid-test constant speed cycle can be performed with no key-off soak
periods. If the time required is greater than one-hour the mid-test
constant speed cycle must be separated into phases such that no phase
exceeds more than one-hour. At the conclusion of each mid-test constant
speed phase a minimum 5-minute key-off soak will be performed.
    (6) Using good engineering judgment determine the end-of-test
constant speed cycle distance so that it does not exceed 20% of the
total distance driven during the MCT as described in SAE J1634 Section
8.3.3.
    (7) Divide the end-of-test constant speed cycle distance
(dE) by 65 mph to determine the total time required for the
end-of-test constant speed cycle. If the time required is one-hour or
less the end-of-test constant speed cycle can be performed with no key-
off soak periods. If the time required is greater than one-hour the
end-of-test constant speed cycle must be separated into phases such
that no phase exceeds more than one-hour. At the conclusion of each
end-of-test constant speed phase a minimum 5-minute key-off soak will
be performed.
    (8) SAE J634 Section 3.13 defines useable battery energy (UBE) as
the total DC discharge energy (Edctotal), measured in DC watt-hours for
a full discharge test. The total DC discharge energy is the sum of all
measured phases of a test inclusive of all drive cycle types. As key-
off soak periods are not considered part of the test phase, the
discharge energy that occurs during the key-off soak periods is not
included in the useable battery energy.
    (9) Recharging the vehicle's battery must start within three hours
after the end of testing.
    (10) At the request of a manufacturer, the Administrator may
approve the use of an earlier version of SAE J1634 when a manufacturer
is carrying over data for vehicles tested using a prior version of SAE
J1634.
    (11) All label values related to fuel economy, energy consumption,
and range must be based on 5-cycle testing or on values adjusted to be
equivalent to 5-cycle results. Prior to performing testing to generate
a 5-cycle adjustment factor, manufacturers must request Administrator
approval to use SAE J1634 Appendices B and C for determining a 5-cycle
adjustment factor with the following modifications, clarifications, and
attestations:
    (i) The 20 [deg]F charge-depleting UDDS must be performed with a
minimum 10-minute key-off soak period between each UDDS cycle. Key-off
soak periods of up to 30 minutes are allowed. During all `key-off' soak
periods, the key or power switch must be in the ``off'' position, the
hood must be closed, the test cell fan(s) must be off, and the brake
pedal not depressed. For vehicles which do not have a key or power
switch the vehicle must be placed in the `mode' the manufacturer
recommends when the vehicle is to be parked and the occupants exit the
vehicle.
    (ii) Prior to performing the 20 [deg]F charge-depleting UDDS the
vehicle must soak for a minimum of 12 hours and a maximum of 36 hours
at a temperature of 20 [deg]F. Prior to beginning the 12 to 36 hour
cold soak at 20 [deg]F the vehicle must be fully charged, the charging
can take place at test laboratory ambient temperatures (68 to 86
[deg]F) or at 20 [deg]F. During the 12 to 36 hour cold soak period the
vehicle may not be connected to a charger nor is the vehicle cabin or
battery to be preconditioned during the 20 [deg]F soak period.
    (iii) Beginning with the 2024 model year the 20 [deg]F UDDS charge-
depleting UDDS test will be replaced with a 20 [deg]F UDDS test
consisting of 2 UDDS cycles performed with a 10-minute key-off soak
between the two UDDS cycles. The data from the two UDDS cycles will be
used to calculate the five-cycle adjustment factor, instead of using
the results from the entire charge-depleting data set. Manufacturers
that have submitted and used the average data from 20 [deg]F charge-
depleting UDDS data sets will be required to revise their 5-cycle
adjustment factor calculation and re-label vehicles using the data from
the first two UDDS cycles only. Manufacturers, at their discretion,
would also be allowed to re-run the 20 [deg]F UDDS test with the
battery charged to a state-of-charge (SoC) determined by the
manufacturer. The battery does not need to be at 100% SoC before the 20
[deg]F cold soak.
    (iv) Manufacturers must submit a written attestation to the
Administrator at the completion of testing with the following
information:
    (A) A statement noting the SoC level of the rechargeable energy
storage system (RESS) prior to beginning the 20[deg]F cold soak for
testing performed beginning with model year 2024.
    (B) A statement confirming the vehicle was not charged or
preconditioned during the 12 to 36 hour 20 [deg]F soak period before
starting the 20 [deg]F UDDS cycle.
    (C) A summary of all the 5-cycle test results and the calculations
used to generate the 5-cycle adjustment factor, including all of the 20
[deg]F UDDS cycles, the distance travelled during each UDDS and the
measured DC discharge energy during each UDDS phase. Beginning in model
year 2024, the 20 [deg]F UDDS test results will consist of only two
UDDS cycles.
    (D) Beginning in model year 2024 the RunningFC equation used to
calculate the City Fuel Economy found on Page 30 in Appendix C of J1634
should be replaced with the following equation when calculating City
Fuel Economy:

[GRAPHIC] [TIFF OMITTED] TP28MR22.014

    (E) A description of each test group and configuration which will
use the 5-cycle adjustment factor, including the battery capacity of
the vehicle used to generate the 5-cycle adjustment factor and the
battery capacity of all the configurations to which it will be applied.
    (v) At the conclusion of the manufacturers testing and after
receiving the attestations from the manufacturer regarding the
performance of the 20 [deg]F UDDS test processes, the 5-cycle test
results, and the summary of vehicles to which the manufacturer proposes
applying the 5-cycle adjustment factor, the Administrator will review
the submittals and inform the manufacturer in writing if the
Administrator concurs with the manufacturer's proposal. If not, the
Administrator will describe the rationale to the manufacturer for not
approving their request.
* * * * *
0
64. Amend Sec.  600.210-12 by revising paragraphs (a) introductory
text, (a)(2)(iii), and (d) to read as follows:

Sec.  600.210-12  Calculation of fuel economy and CO2 emission values
for labeling.

    (a) General labels. Except as specified in paragraphs (d) and (e)
of this section, fuel economy and CO2 emissions for general
labels may be determined by one of two methods. The first is based on
vehicle-specific model-type 5-cycle data as determined in Sec.
600.209-12(b). This method is available for all vehicles and is
required for vehicles that do not qualify for the second method as
described in Sec.  600.115 (other than electric vehicles). The second
method, the derived 5-cycle method, determines fuel economy and
CO2 emissions values from the FTP and HFET tests using
equations that are derived from vehicle-specific 5-cycle model type
data, as determined in paragraph (a)(2) of this section. Manufacturers
may voluntarily lower fuel economy (MPG) values and raise
CO2 values if they determine that the label values from any
method are not representative of the in-use fuel economy and
CO2 emissions for that model type, but only if the
manufacturer changes both the MPG values and the CO2 value
and revises any other affected label value accordingly for a model type
(including but not limited to the fuel economy 1-10 rating, greenhouse
gas 1-10 rating, annual fuel cost, 5-year fuel cost information).
Similarly, for any electric vehicles and plug-in hybrid electric
vehicles, manufacturers may voluntarily lower the fuel economy (MPGe)
and raise the energy consumption (kW-hr/100 mile) values if they
determine that the label values are not representative of the in-use
fuel economy, energy consumption, and CO2 emissions for that
model type, but only if the manufacturer changes both the MPGe and the
energy consumption value and revises any other affected label value
accordingly for a model type. Manufacturers may voluntarily lower the
value for electric driving range if they determine that the label
values are not representative of the in-use electric driving range.
* * * * *
    (2) * * *
    (iii) Unless and until superseded by written guidance from the
Administrator, the following intercepts and slopes shall be used in the
equations in paragraphs (a)(2)(i) and (ii) of this section:
    City Intercept = 0.004091.
    City Slope = 1.1601.
    Highway Intercept = 0.003191.
    Highway Slope = 1.2945.
* * * * *
    (d) Calculating combined fuel economy, CO2 emissions, and driving
range. (1) If the criteria in Sec.  600.115-11(a) are met for a model
type, both the city and highway fuel economy and CO2
emissions values must be determined using the vehicle-specific 5-cycle
method. If the criteria in Sec.  600.115-11(b) are met for a model
type, the city fuel economy and CO2 emissions values may be
determined using either method, but the highway fuel economy and
CO2 emissions values must be determined using the vehicle-
specific 5-cycle method (or modified 5-cycle method as allowed under
Sec.  600.114-12(b)(2)).
    (2) If the criteria in Sec.  600.115 are not met for a model type,
the city and highway fuel economy and CO2 emission label
values must be determined by using the same method, either the derived
5-cycle or vehicle-specific 5-cycle.
    (3) Manufacturers may use one of the following methods to determine
5-cycle values for fuel economy, CO2 emissions, and driving
range for electric vehicles:
    (i) Generate 5-cycle data as described in paragraph (a)(1) of this
section using the procedures of SAE J1634 (incorporated by reference in
Sec.  600.011) with amendments and revisions as described in Sec.
600.116-12(a).
    (ii) Multiply 2-cycle fuel economy values and driving range by 0.7
and divide 2-cycle CO2 emission values by 0.7.
    (iii) Manufacturers may ask the Administrator to approve adjustment
factors for deriving 5-cycle fuel economy results from 2-cycle test
data based on operating data from their in-use vehicles. Such data
should be collected from multiple vehicles with different drivers over
a range of representative driving routes and conditions. The
Administrator may approve such an adjustment factor for any of the
manufacturer's vehicle models that are properly represented by the
collected data.
* * * * *
0
65. Amend Sec.  600.311-12 by revising paragraphs (j)(2), (j)(4)
introductory text, and (j)(4)(i) to read as follows:

Sec.  600.311-12  Determination of values for fuel economy labels.

* * * * *
    (j) * * *
    (2) For electric vehicles, determine the vehicle's overall driving
range as described in Section 8 of SAE J1634 (incorporated by reference
in Sec.  600.011), with amendments and revisions as described in Sec.
600.116. Determine separate range values for FTP-based city and HFET-
based highway driving. Adjust these values to reflect actual in-use
driving conditions, then calculate a combined value by arithmetically

averaging the two values, weighted 0.55 and 0.45 respectively, and
rounding to the nearest whole number.
* * * * *
    (4) For plug-in hybrid electric vehicles, determine the adjusted
charge-depleting (Rcda) driving range, the adjusted all electric
driving range (if applicable), and overall adjusted driving range as
described in SAE J1711 (incorporated by reference in Sec.  600.011), as
described in Sec.  600.116, as follows:
    (i) Determine the vehicle's Actual Charge-Depleting Range,
Rcda, and adjust these values to reflect actual in-use
driving conditions. Determine separate range values for FTP-based city
and HFET-based highway driving, then calculate a combined value by
arithmetically averaging the two values, weighted 0.55 and 0.45
respectively, and rounding to the nearest whole number. Precondition
the vehicle as needed to minimize engine operation for consuming stored
fuel vapors in evaporative canisters; for example, you may purge the
evaporative canister or time a refueling event to avoid engine starting
related to purging the canister. For vehicles that use combined power
from the battery and the engine before the battery is fully discharged,
also use this procedure to establish an all electric range by
determining the distance the vehicle drives before the engine starts,
rounded to the nearest mile. You may represent this as a range of
values. We may approve adjustments to these procedures if they are
necessary to properly characterize a vehicle's all electric range.
* * * * *
0
66. Amend Sec.  600.510-12 by revising the entry defining the term
``AFE'' in paragraph (e) to read as follows:

Sec.  600.510-12  Calculation of average fuel economy and average
carbon-related exhaust emissions.

* * * * *
    (e) * * *
    AFE = Average combined fuel economy as calculated in paragraph
(c)(2) of this section, rounded to the nearest 0.0001 mpg;
* * * * *
0
67. Amend Sec.  600.512-12 by adding paragraph (a)(3) and revising
paragraph (b) to read as follows:

Sec.  600.512-12  Model year report.

    (a) * * *
    (3) Separate reports shall be submitted for passenger automobiles
and light trucks (as identified in Sec.  600.510-12).
    (b) The model year report shall be in writing, signed by the
authorized representative of the manufacturer and shall be submitted no
later than May 1 following the end of the model year. A manufacturer
may request an extension for submitting the model year report if that
is needed to provide all additional required data as determined in
Sec.  600.507-12. The request must clearly indicate the circumstances
necessitating the extension.
* * * * *

PART 1027--FEES FOR VEHICLE AND ENGINE COMPLIANCE PROGRAMS

0
68. The authority citation for part 1027 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

0
69. Amend Sec.  1027.101 by revising paragraph (a)(1) to read as
follows:

Sec.  1027.101  To whom do these requirements apply?

    (a) * * *
    (1) Motor vehicles and motor vehicle engines we regulate under 40
CFR part 86 or 1036. This includes light-duty vehicles, light-duty
trucks, medium-duty passenger vehicles, highway motorcycles, and heavy-
duty highway engines and vehicles.
* * * * *

PART 1030--CONTROL OF GREENHOUSE GAS EMISSIONS FROM ENGINES
INSTALLED ON AIRPLANES

0
70. The authority citation for part 1030 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

0
71. Revise Sec.  1030.98 to read as follows:

Sec.  1030.98  Confidential information.

    The provisions of 40 CFR 1068.10 and 1068.11 apply for information
you submit under this part.

PART 1033--CONTROL OF EMISSIONS FROM LOCOMOTIVES

0
72. The authority citation for part 1033 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

0
73. Amend Sec.  1033.1 by revising paragraph (e) to read as follows:

Sec.  1033.1  Applicability.

* * * * *
    (e) This part applies for locomotives that were certified as
freshly manufactured or remanufactured locomotives under 40 CFR part
92.

Sec.  1033.5  [Amended]

0
74. Amend Sec.  1033.5 by removing and reserving paragraph (c).
0
75. Amend Sec.  1033.101 by revising the introductory text to read as
follows:

Sec.  1033.101  Exhaust emission standards.

    See appendix A of this part to determine how emission standards
apply before 2023.
* * * * *

Sec.  1033.102  Removed]

0
76. Remove Sec.  1033.102.
0
77. Amend Sec.  1033.115 by revising paragraphs (b) introductory text
and (c) to read as follows:

Sec.  1033.115  Other requirements.

* * * * *
    (b) Adjustable parameters. Locomotives that have adjustable
parameters must meet all the requirements of this part for any
adjustment in the approved adjustable range. General provisions for
adjustable parameters apply as specified in 40 CFR 1068.50. You must
specify in your application for certification the adjustable range of
each adjustable parameter on a new locomotive or new locomotive engine
to--
* * * * *
    (c) Prohibited controls. (1) General provisions. You may not design
or produce your locomotives with emission control devices, systems, or
elements of design that cause or contribute to an unreasonable risk to
public health, welfare, or safety while operating. For example, a
locomotive may not emit a noxious or toxic substance it would otherwise
not emit that contributes to such an unreasonable risk.
    (2) Vanadium sublimation in SCR catalysts. For engines equipped
with vanadium-based SCR catalysts, you must design the engine and its
emission controls to prevent vanadium sublimation and protect the
catalyst from high temperatures. We will evaluate your engine design
based on the following information that you must include in your
application for certification:
    (i) Identify the threshold temperature for vanadium sublimation for
your specified SCR catalyst formulation as described in 40 CFR
1065.1113 through 1065.1121.
    (ii) Describe how you designed your engine to prevent catalyst
inlet temperatures from exceeding the temperature you identify in
paragraph (c)(2)(i) of this section, including consideration of engine
wear through the useful life. Also describe your design for catalyst
protection in case catalyst temperatures exceed the specified
temperature. In your description, include how you considered elevated
catalyst temperature resulting from sustained high-load engine
operation, catalyst

exotherms, particulate filter regeneration, and component failure
resulting in unburned fuel in the exhaust stream.
* * * * *
0
78. Amend Sec.  1033.120 by revising paragraph (c) to read as follows:

Sec.  1033.120  Emission-related warranty requirements.

* * * * *
    (c) Components covered. The emission-related warranty covers all
components whose failure would increase a locomotive's emissions of any
regulated pollutant. This includes components listed in 40 CFR part
1068, appendix A, and components from any other system you develop to
control emissions. The emission-related warranty covers the components
you sell even if another company produces the component. Your emission-
related warranty does not need to cover components whose failure would
not increase a locomotive's emissions of any regulated pollutant. For
remanufactured locomotives, your emission-related warranty is required
to cover only those parts that you supply or those parts for which you
specify allowable part manufacturers. It does not need to cover used
parts that are not replaced during the remanufacture.
* * * * *
0
79. Amend Sec.  1033.205 by revising paragraph (d)(6) to read as
follows:

Sec.  1033.205  Applying for a certificate of conformity.

* * * * *
    (d) * * *
    (6) A description of injection timing, fuel rate, and all other
adjustable operating parameters, including production tolerances. For
any operating parameters that do not qualify as adjustable parameters,
include a description supporting your conclusion (see 40 CFR
1068.50(c)). Include the following in your description of each
adjustable parameter:
    (i) For mechanically controlled parameters, include the nominal or
recommended setting, the intended physically adjustable range, the
limits or stops used to limit adjustable ranges, and production
tolerances of the limits or stops used to establish each physically
adjustable range. Also include information showing why the physical
limits, stops or other means of limiting adjustment, are effective in
preventing adjustment of parameters on in-use engines to settings
outside your intended physically adjustable ranges.
    (ii) For electronically controlled parameters, describe how your
engines are designed to prevent unauthorized adjustments.
* * * * *
0
80. Amend Sec.  1033.245 by adding paragraph (f) to read as follows:

Sec.  1033.245  Deterioration factors.

* * * * *
    (f) You may alternatively determine and verify deterioration
factors based on bench-aged aftertreatment as described in 40 CFR
1036.245 and 1036.246, with the following exceptions:
    (1) Apply the percentage of useful life from Table 1 of 40 CFR
1036.246 based on hours of operation rather than vehicle mileage.
    (2) Perform verification testing as described in subpart F of this
part rather than 40 CFR 1036.520. The provisions of 40 CFR
1036.246(d)(2) and (3) do not apply. Perform testing consistent with
the original certification to determine whether tested locomotives meet
the duty-cycle emission standards in Sec.  1033.101.
    (3) Apply infrequent regeneration adjustment factors as specified
in Sec.  1033.535 rather than 40 CFR 1036.522.
0
81. Revise Sec.  1033.525 to read as follows:

Sec.  1033.525  Smoke opacity testing.

    Analyze exhaust opacity test data as follows:
    (a) Measure exhaust opacity using the procedures specified in 40
CFR 1065.1125. Perform the opacity test with a continuous digital
recording of smokemeter response identified by notch setting over the
entire locomotive test cycle specified in Sec.  1033.515(c)(4) or Sec.
1033.520(e)(4). Measure smokemeter response in percent opacity to
within one percent resolution.
    (b) Calibrate the smokemeter as follows:
    (1) Calibrate using neutral density filters with approximately 10,
20, and 40 percent opacity. Confirm that the opacity values for each of
these reference filters are NIST-traceable within 185 days of testing,
or within 370 days of testing if you consistently protect the reference
filters from light exposure between tests.
    (2) Before each test, remove the smokemeter from the exhaust
stream, if applicable, and calibrate as follows:
    (i) Zero. Adjust the smokemeter to give a zero response when there
is no detectable smoke.
    (ii) Linearity. Insert each of the qualified reference filters in
the light path perpendicular to the axis of the light beam and adjust
the smokemeter to give a result within 1 percentage point of the named
value for each reference filter.
    (c) Use computer analysis to evaluate percent opacity for each
notch setting. Treat the start of the first idle mode as the start of
the test. Each mode ends when operator demand changes for the next mode
(or for the end of the test). Analyze the opacity trace using the
following procedure:
    (1) 3 second peak. Identify the highest opacity value over the test
and integrate the highest 3 second average including that highest
value.
    (2) 30 second peak. Divide the test into a series of 30 second
segments, advancing each segment in 1 second increments. Determine the
opacity value for each segment and identify the highest opacity value
from all the 30 second segments.
    (3) Steady-state. Calculate the average of second-by-second values
between 120 and 180 seconds after the start of each mode. For RMC modes
that are less than 180 seconds, calculate the average over the last 60
seconds of the mode. Identify the highest of those steady-state values
from the different modes.
    (d) Determine values of standardized percent opacity, [kappa]std,
by correcting to a reference optical path length of 1 meter for
comparing to the standards using the following equation:

[GRAPHIC] [TIFF OMITTED] TP28MR22.015

0
82. Amend Sec.  1033.630 by revising paragraph (b)(1) to read as
follows:

Sec.  1033.630  Staged-assembly and delegated assembly exemptions.

* * * * *
    (b) * * *
    (1) In cases where an engine has been assembled in its certified
configuration, properly labeled, and will not require an aftertreatment
device to be attached when installed in the locomotive, no exemption is
needed to ship the engine. You do not need an exemption to ship engines
without specific components if they are not emission-related components
identified in appendix A of 40 CFR part 1068.
0
83. Amend Sec.  1033.815 by revising paragraph (f) to read as follows:

Sec.  1033.815  Maintenance, operation, and repair.

* * * * *
    (f) Failure to perform required maintenance is a violation of the
tampering prohibition in 40 CFR 1068.101(b)(1). Failure of any person
to comply with the recordkeeping requirements of this section is a
violation of 40 CFR 1068.101(a)(2).
0
84. Amend Sec.  1033.901 by revising the definition of ``Designated
Compliance Officer'' to read as follows:

Sec.  1033.901  Definitions.

* * * * *
    Designated Compliance Officer means the Director, Diesel Engine
Compliance Center, U.S. Environmental Protection Agency, 2000
Traverwood Drive, Ann Arbor, MI 48105; [email protected];
www.epa.gov/ve-certification.
* * * * *
0
85. Redesignate appendix I to part 1033 as appendix A to part 1033 and
revise newly redesignated appendix A to read as follows:

Appendix A to Part 1033--Original Standards for Tier 0, Tier 1 and Tier
2 Locomotives

    (a) Locomotives were originally subject to Tier 0, Tier 1, and
Tier 2 emission standards described in paragraph (b) of this
appendix as follows:
    (1) The Tier 0 and Tier 1 standards in paragraph (b) of this
appendix applied instead of the Tier 0 and Tier 1 standards of Sec.
1033.101 for locomotives manufactured and remanufactured before
January 1, 2010. For example, a locomotive that was originally
manufactured in 2004 and remanufactured on April 10, 2011 was
subject to the original Tier 1 standards specified in paragraph (b)
of this appendix and became subject to the Tier 1 standards of Sec.
1033.101 when it was remanufactured on April 10, 2011.
    (2) The Tier 2 standards in paragraph (b) of this appendix
applied instead of the Tier 2 standards of Sec.  1033.101 for
locomotives manufactured and remanufactured before January 1, 2013.
    (b) The following NOX and PM standards applied before
the dates specified in paragraph (a) of this appendix:

                          Table 1 to Appendix A--Original Locomotive Emission Standards
----------------------------------------------------------------------------------------------------------------
                                                                               Standards (g/bhp-hr)
                               Year of original                  -----------------------------------------------
      Type of standard           manufacture           Tier                                        PM-alternate
                                                                        NOX         PM-primary          \1\
----------------------------------------------------------------------------------------------------------------
Line-haul...................          1973-1992  Tier 0.........             9.5            0.60            0.30
                                      1993-2004  Tier 1.........             7.4            0.45            0.22
                                      2005-2011  Tier 2.........             5.5            0.20            0.10
Switch......................          1973-1992  Tier 0.........            14.0            0.72            0.36
                                      1993-2004  Tier 1.........            11.0            0.54            0.27
                                      2005-2011  Tier 2.........             8.1            0.24            0.12
----------------------------------------------------------------------------------------------------------------
 \1\Locomotives certified to the alternate PM standards are also subject to alternate CO standards of 10.0 for
  the line-haul cycle and 12.0 for the switch cycle.

    (c) The original Tier 0, Tier 1, and Tier 2 standards for HC and
CO emissions and smoke are the same standards identified in Sec.
1033.101.

PART 1036--CONTROL OF EMISSIONS FROM NEW AND IN-USE HEAVY-DUTY
HIGHWAY ENGINES

0
86. Revise part 1036 to read as follows:

PART 1036--CONTROL OF EMISSIONS FROM NEW AND IN-USE HEAVY-DUTY
HIGHWAY ENGINES

Sec.
Subpart A--Overview and Applicability
1036.1 Applicability.
1036.2 Compliance responsibility.
1036.5 Excluded engines.
1036.10 Organization of this part.
1036.15 Other applicable regulations.
1036.30 Submission of information.
Subpart B--Emission Standards and Related Requirements
1036.101 Overview of exhaust emission standards.
1036.104 Criteria pollutant emission standards--NOX, HC,
PM, and CO.
1036.108 Greenhouse gas emission standards--CO2,
CH4, and N2O.
1036.110 Diagnostic controls.
1036.111 Inducements related to SCR.
1036.115 Other requirements.
1036.120 Emission-related warranty requirements.
1036.125 Maintenance instructions and allowable maintenance.
1036.130 Installation instructions for vehicle manufacturers.
1036.135 Labeling.
1036.140 Primary intended service class and engine cycle.
1036.150 Interim provisions.
Subpart C--Certifying Engine Families
1036.201 General requirements for obtaining a certificate of
conformity.
1036.205 Requirements for an application for certification.
1036.210 Preliminary approval before certification.
1036.225 Amending applications for certification.
1036.230 Selecting engine families.
1036.235 Testing requirements for certification.
1036.240 Demonstrating compliance with criteria pollutant emission
standards.
1036.241 Demonstrating compliance with greenhouse gas emission
standards.
1036.245 Deterioration factors for exhaust emission standards.
1036.246 Verifying deterioration factors.
1036.250 Reporting and recordkeeping for certification.
1036.255 EPA oversight on certificates of conformity.
Subpart D--Testing Production Engines and Hybrid Powertrains
1036.301 Measurements related to GEM inputs in a selective
enforcement audit.
Subpart E--In-use Testing
1036.401 Testing requirements for in-use engines.
1036.405 Overview of the manufacturer-run field-testing program.
1036.410 Selecting and screening vehicles and engines for testing.
1036.415 Preparing and testing engines.
1036.420 Pass criteria for individual engines.
1036.425 Pass criteria for engine families.
1036.430 Reporting requirements.
1036.435 Recordkeeping requirements.
1036.440 Warranty obligations related to in-use testing.
Subpart F--Test Procedures
1036.501 General testing provisions.
1036.503 Engine data and information to support vehicle
certification.
1036.505 Supplemental Emission Test.
1036.510 Federal Test Procedure.
1036.512 Low Load Cycle.
1036.514 Clean Idle test.
1036.515 Test procedures for off-cycle testing.
1036.520 Test procedures to verify deterioration factors.
1036.522 Infrequently regenerating aftertreatment devices.
1036.527 Powertrain system rated power determination.
1036.530 Calculating greenhouse gas emission rates.
1036.535 Determining steady-state engine fuel maps and fuel
consumption at idle.
1036.540 Determining cycle-average engine fuel maps.
1036.543 Carbon balance error verification.
Subpart G--Special Compliance Provisions
1036.601 Overview of compliance provisions.
1036.605 Alternate emission standards for engines used in specialty
vehicles.
1036.610 Off-cycle technology credits and adjustments for reducing
greenhouse gas emissions.
1036.615 Engines with Rankine cycle waste heat recovery and hybrid
powertrains.
1036.620 Alternate CO2 standards based on model year 2011
compression-ignition engines.
1036.625 In-use compliance with CO2 family emission
limits (FELs).
1036.630 Certification of engine greenhouse gas emissions for
powertrain testing.
1036.635 --[Reserved]
1036.655 Special provisions for diesel-fueled engines sold in
American Samoa or the Commonwealth of the Northern Mariana Islands.
Subpart H--Averaging, Banking, and Trading for Certification
1036.701 General provisions.
1036.705 Generating and calculating emission credits.
1036.710 Averaging.
1036.715 Banking.
1036.720 Trading.
1036.725 Required information for certification.
1036.730 ABT reports.
1036.735 Recordkeeping.
1036.740 Restrictions for using emission credits.
1036.741 Using emission credits from electric vehicles and hydrogen
fuel-cell vehicles.
1036.745 End-of-year CO2 credit deficits.
1036.750 Consequences for noncompliance.
1036.755 Information provided to the Department of Transportation.
Subpart I--Definitions and Other Reference Information
1036.801 Definitions.
1036.805 Symbols, abbreviations, and acronyms.
1036.810 Incorporation by reference.
1036.815 Confidential information.
1036.820 Requesting a hearing.
1036.825 Reporting and recordkeeping requirements.

Appendix A of Part 1036--Summary of Previous Emission Standards

Appendix B of Part 1036--Transient Duty Cycles

Appendix C of Part 1036--Default Engine Fuel Maps for Sec.  1036.540

    Authority:  42 U.S.C. 7401-7671q.

Subpart A--Overview and Applicability

Sec.  1036.1  Applicability.

    (a) Except as specified in Sec.  1036.5, the provisions of this
part apply for engines that will be installed in heavy-duty vehicles
(including glider vehicles).
    (b) Heavy-duty engines produced before model year 2027 are subject
to greenhouse gas emission standards and related provisions under this
part as specified in Sec.  1036.108; these engines are subject to
exhaust emission standards for HC, CO, NOX, and PM and
related provisions under 40 CFR part 86, subpart A, instead of this
part, except as follows:
    (1) The provisions of Sec. Sec.  1036.115, 1036.501(f), and
1036.601 apply.
    (2) 40 CFR parts 85 and 86 may specify that certain provisions
apply.
    (3) This part describes how several individual provisions are
optional or mandatory before model year 2027. For example, Sec.
1036.150(a) describes how you may generate emission credits by meeting
the standards of this part before model year 2027.
    (c) The provisions of this part also apply for fuel conversions of
all engines described in paragraph (a) of this section as described in
40 CFR 85.502.
    (d) Gas turbine heavy-duty engines and other heavy-duty engines not
meeting the definition compression-ignition or spark-ignition are
deemed to be compression-ignition engines for purposes of this part.
    (e) For the purpose of applying the provisions of this part,
engines include all emission-related components and any components or
systems that should be identified in your application for

certification, such as hybrid components for engines that are certified
as hybrid engines or hybrid powertrains.

Sec.  1036.2  Compliance responsibility.

    The regulations in this part contain provisions that affect both
engine manufacturers and others. However, the requirements of this part
are generally addressed to the engine manufacturer(s). The term ``you''
generally means the engine manufacturer(s), especially for issues
related to certification. Additional requirements and prohibitions
apply to other persons as specified in subpart G of this part and 40
CFR part 1068.

Sec.  1036.5  Excluded engines.

    (a) The provisions of this part do not apply to engines used in
medium-duty passenger vehicles or other heavy-duty vehicles that are
subject to regulation under 40 CFR part 86, subpart S, except as
specified in 40 CFR part 86, subpart S, and Sec.  1036.150(j). For
example, this exclusion applies for engines used in vehicles certified
to the standards of 40 CFR 86.1818 and 86.1819.
    (b) An engine installed in a heavy-duty vehicle that is not used to
propel the vehicle is not a heavy-duty engine. The provisions of this
part therefore do not apply to these engines. Note that engines used to
indirectly propel the vehicle (such as electrical generator engines
that provide power to batteries for propulsion) are subject to this
part. See 40 CFR part 1039, 1048, or 1054 for other requirements that
apply for these auxiliary engines. See 40 CFR part 1037 for
requirements that may apply for vehicles using these engines, such as
the evaporative emission requirements of 40 CFR 1037.103.
    (c) The provisions of this part do not apply to aircraft or
aircraft engines. Standards apply separately to certain aircraft
engines, as described in 40 CFR part 87.
    (d) The provisions of this part do not apply to engines that are
not internal combustion engines, except as specified in Sec.  1036.741.
For example, the provisions of this part generally do not apply to fuel
cells. Note that gas turbine engines are internal combustion engines.
    (e) The provisions of this part do not apply for model year 2013
and earlier heavy-duty engines unless they were:
    (1) Voluntarily certified to this part.
    (2) Installed in a glider vehicle subject to 40 CFR part 1037.

Sec.  1036.10  Organization of this part.

    This part is divided into the following subparts:
    (a) Subpart A of this part defines the applicability of this part
and gives an overview of regulatory requirements.
    (b) Subpart B of this part describes the emission standards and
other requirements that must be met to certify engines under this part.
Note that Sec.  1036.150 describes certain interim requirements and
compliance provisions that apply only for a limited time.
    (c) Subpart C of this part describes how to apply for a certificate
of conformity.
    (d) Subpart D of this part addresses testing of production engines.
    (e) Subpart E of this part describes provisions for testing in-use
engines.
    (f) Subpart F of this part describes how to test your engines
(including references to other parts of the Code of Federal
Regulations).
    (g) Subpart G of this part describes requirements, prohibitions,
and other provisions that apply to engine manufacturers, vehicle
manufacturers, owners, operators, rebuilders, and all others.
    (h) Subpart H of this part describes how you may generate and use
emission credits to certify your engines.
    (i) Subpart I of this part contains definitions and other reference
information.

Sec.  1036.15  Other applicable regulations.

    (a) Parts 85 and 86 of this chapter describe additional provisions
that apply to engines that are subject to this part. See Sec.
1036.601.
    (b) Part 1037 of this chapter describes requirements for
controlling evaporative emissions and greenhouse gas emissions from
heavy-duty vehicles, whether or not they use engines certified under
this part.
    (c) Part 1065 of this chapter describes procedures and equipment
specifications for testing engines to measure exhaust emissions.
Subpart F of this part describes how to apply the provisions of part
1065 of this chapter to determine whether engines meet the exhaust
emission standards in this part.
    (d) The requirements and prohibitions of part 1068 of this chapter
apply as specified in Sec.  1036.601 to everyone, including anyone who
manufactures, imports, installs, owns, operates, or rebuilds any of the
engines subject to this part, or vehicles containing these engines. See
Sec.  1036.601 to determine how to apply the part 1068 regulations for
heavy-duty engines. The issues addressed by these provisions include
these seven areas:
    (1) Prohibited acts and penalties for engine manufacturers, vehicle
manufacturers, and others.
    (2) Rebuilding and other aftermarket changes.
    (3) Exclusions and exemptions for certain engines.
    (4) Importing engines.
    (5) Selective enforcement audits of your production.
    (6) Recall.
    (7) Procedures for hearings.
    (e) Other parts of this chapter apply if referenced in this part.

Sec.  1036.30  Submission of information.

    Unless we specify otherwise, send all reports and requests for
approval to the Designated Compliance Officer (see Sec.  1036.801). See
Sec.  1036.825 for additional reporting and recordkeeping provisions.

Subpart B--Emission Standards and Related Requirements

Sec.  1036.101  Overview of exhaust emission standards.

    (a) You must show that engines meet the following exhaust emission
standards:
    (1) Criteria pollutant standards for NOX, HC, PM, and CO
apply as described in Sec.  1036.104.
    (2) Greenhouse gas (GHG) standards for CO2,
CH4, and N2O apply as described in Sec.
1036.108.
    (b) You may optionally demonstrate compliance with the emission
standards of this part by testing hybrid engines and hybrid
powertrains, rather than testing the engine alone. Except as specified,
provisions of this part that reference engines apply equally to hybrid
engines and hybrid powertrains.

Sec.  1036.104  Criteria pollutant emission standards--NOX, HC, PM, and
CO.

    This section describes the applicable NOX, HC, CO, and
PM standards for model years 2027 and later. These standards apply
equally for all primary intended service classes unless otherwise
noted.
    (a) Emission standards. Exhaust emissions may not exceed the
standards in this section for the specified duty cycle, as follows:
    (1) Measure emissions over the specified duty cycles using the test
procedures described in subpart F of this part.
    (2) The following emission standards apply over the FTP and SET
duty cycles:

                 Table 1 to Paragraph (a)(2) of Sec.   1036.104--FTP and SET Emission Standards
----------------------------------------------------------------------------------------------------------------
                                                     NOX (mg/         HC (mg/         PM (mg/         CO (g/
                   Model year                      hp[middot]hr)   hp[middot]hr)   hp[middot]hr)   hp[middot]hr)
----------------------------------------------------------------------------------------------------------------
2027-2030.......................................              35              60               5             6.0
2031 and later..................................          \a\ 20              40               5             6.0
----------------------------------------------------------------------------------------------------------------
\a\ The NO standard identified for Heavy HDE applies for an intermediate useful life of 435,000 miles, 10 years,
  or 22,000 hours, whichever comes first. A standard of 40 mg/hp[middot]hr applies for the rest of the useful
  life.

    (3) The following emission standards apply for compression-ignition
engines over the Low Load Cycle:

                Table 2 to Paragraph (a)(3) of Sec.   1036.104--Low Load Cycle Emission Standards
----------------------------------------------------------------------------------------------------------------
                                                     NOX (mg/         HC (mg/         PM (mg/         CO (g/
                   Model Year                      hp[middot]hr)   hp[middot]hr)   hp[middot]hr)   hp[middot]hr)
----------------------------------------------------------------------------------------------------------------
2027-2030.......................................              90             140               5             6.0
2031 and later..................................          \a\ 50              60               5             6.0
----------------------------------------------------------------------------------------------------------------
\a\ The NOX standard identified for Heavy HDE applies for an intermediate useful life of 435,000 miles, 10
  years, or 22,000 hours, whichever comes first. A standard of 100 mg/hp[middot]hr applies for the rest of the
  useful life.

    (4) Off-cycle emission standards apply for compression-ignition
engines using the procedures specified in Sec.  1036.515. For the idle
bin, the NOX off-cycle emission standard is 10.0 g/hr
starting in model years 2027 through 2030 and 7.5 g/hr starting in
model year 2031. Additional off-cycle emission standards apply as
described in the following table:

  Table 3 to Paragraph (a)(4) of Sec.   1036.104--Off-Cycle Emission Standards for Compression-Ignition Engines
----------------------------------------------------------------------------------------------------------------
                                                     NOX (mg/         HC (mg/         PM (mg/         CO (g/
          Model year                   Bin         hp[middot]hr)   hp[middot]hr)   hp[middot]hr)   hp[middot]hr)
----------------------------------------------------------------------------------------------------------------
2027-2030.....................  Low load........             180             280              10            12.0
                                Medium/high load              70             120              10            12.0
2031 and later................  Low load........          \a\ 75              90               8             9.0
                                Medium/high load          \a\ 30              60               8             9.0
----------------------------------------------------------------------------------------------------------------
\a\ The low load and medium/high load NOX standards identified for Heavy HDE apply for an intermediate useful
  life of 435,000 miles, 10 years, or 22,000 hours, whichever comes first. A low load bin standard of 150 mg/
  hp[middot]hr and a medium/high load bin standard of 60 mg/hp[middot]hr apply for the rest of the useful life.

    (b) Clean Idle. You may optionally certify compression-ignition
engines to the Clean Idle NOX emission standard using the
Clean Idle test specified in Sec.  1036.514. The optional Clean Idle
NOX emission standard is 30.0 g/h before model year 2024,
10.0 g/h for model years 2024 through 2026, and 5.0 g/hr for model year
2027 and later. The mass emission rate of HC, CO, and PM in g/hr during
the Clean Idle test may not exceed the emission results from the idle
modes of the SET duty cycle as described in Sec.  1036.505(h) or the
idle segments of the FTP duty cycle as described in Sec.  1036.510(g).
The standard applies separately to each mode of the Clean Idle test. If
you certify an engine family to the Clean Idle standards, it is subject
to all these voluntary standards as if they were mandatory.
    (c) Averaging, banking, and trading. You may generate or use
emission credits under the averaging, banking, and trading (ABT)
program described in subpart H of this part for demonstrating
compliance with NOX emission standards in paragraph (a) of
this section. You must meet the PM, HC, and CO emission standards in
Sec.  1036.104(a) without generating or using emission credits.
    (1) To generate or use emission credits, you must specify a family
emission limit for each engine family. Declare the family emission
limit corresponding to full useful life for engine operation over the
FTP duty cycle, FELFTP, expressed to the same number of
decimal places as the emission standard. Use FELFTP to
calculate emission credits in subpart H of this part.
    (2) The following NOX FEL caps are the maximum values
you may specify for FELFTP:
    (i) 150 mg/hp[middot]hr for model year 2027 through 2030 Spark-
ignition HDE, Light HDE, Medium HDE, and Heavy HDE.
    (ii) 50 mg/hp[middot]hr for model year 2031 and later Spark-
ignition HDE, Light HDE, and Medium HDE.
    (iii) 70 mg/hp[middot]hr for model year 2031 and later Heavy HDE.
    (3) Calculate the NOX family emission limit,
FEL[cycle]NOX, that applies for each duty-cycle or off-cycle
standard using the following equation, noting that you must also use
this approach to determine the FEL for each cycle that applies for
Heavy HDE at intermediate useful life:

[GRAPHIC] [TIFF OMITTED] TP28MR22.016

    (4) The family emission limits in this paragraph (c) serve as the
emission standards for compliance testing instead of the standards
specified in this section.
    (d) Fuel types. The exhaust emission standards in this section
apply for engines using the fuel type on which the engines in the
engine family are designed to operate. You must meet the numerical
emission standards for HC in this section based on the following types
of hydrocarbon emissions for engines powered by the following fuels:
    (1) Alcohol-fueled engines: NMHCE emissions.
    (2) Gaseous-fueled engines: NMNEHC emissions.
    (3) Other engines: NMHC emissions.
    (e) Useful life. The exhaust emission standards of this section
apply for the useful life, expressed in vehicle miles, or hours of
engine operation, or years in service, whichever comes first, as
follows:

           Table 4 to Paragraph (e) of Sec.   1036.104--Useful Life by Primary Intended Service Class
----------------------------------------------------------------------------------------------------------------
                                                   Model year 2027 through 2030      Model year 2031 and later
         Primary intended service class          ---------------------------------------------------------------
                                                       Miles           Years           Miles           Years
----------------------------------------------------------------------------------------------------------------
Spark-ignition HDE..............................         155,000              12         200,000              15
Light HDE.......................................         190,000              12         270,000              15
Medium HDE......................................         270,000              11         350,000              12
Heavy HDE \a\...................................         600,000              11        800,000b              12
----------------------------------------------------------------------------------------------------------------
\a\ Useful life for Heavy HDE is also expressed as 32,000 operating hours for model year 2027 through 2030, and
  40,000 operating hours for model year 2031 and later. For an individual engine, the useful life is no shorter
  than 10 years or 100,000 miles, whichever occurs first, regardless of operating hours.
\b\ Additional standards apply for Heavy HDE during an intermediate useful life of 435,000 miles, 10 years, or
  22,000 hours, whichever comes first.

    (f) Applicability for testing. The emission standards in this
subpart apply to all testing, including certification, selective
enforcement audits, and in-use testing. For selective enforcement
audits, we may require you to perform the appropriate duty-cycle
testing as specified in Sec. Sec.  1036.505, 1036.510, and 1036.512.
The off-cycle standards in this section apply for duty-cycle testing
you perform for a selective enforcement audit. We may direct you to do
additional testing to show that your engines meet the off-cycle
standards.

Sec.  1036.108  Greenhouse gas emission standards--CO2, CH4, and N2O.

    This section contains standards and other regulations applicable to
the emission of the air pollutant defined as the aggregate group of six
greenhouse gases: Carbon dioxide, nitrous oxide, methane,
hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. This
section describes the applicable CO2, N2O, and
CH4 standards for engines.
    (a) Emission standards. Emission standards apply for engines and
optionally powertrains measured using the test procedures specified in
subpart F of this part as follows:
    (1) CO2 emission standards in this paragraph (a)(1)
apply based on testing as specified in subpart F of this part. The
applicable test cycle for measuring CO2 emissions differs
depending on the engine family's primary intended service class and the
extent to which the engines will be (or were designed to be) used in
tractors. For Medium HDE and Heavy HDE certified as tractor engines,
measure CO2 emissions using the SET

steady-state duty cycle specified in Sec.  1036.505. This testing with
the SET duty cycle is intended for engines designed to be used
primarily in tractors and other line-haul applications. Note that the
use of some SET-certified tractor engines in vocational applications
does not affect your certification obligation under this paragraph
(a)(1); see other provisions of this part and 40 CFR part 1037 for
limits on using engines certified to only one cycle. For Medium HDE and
Heavy HDE certified as both tractor and vocational engines, measure
CO2 emissions using the SET duty cycle specified in Sec.
1036.505 and the FTP transient duty cycle specified in Sec.  1036.510.
Testing with both SET and FTP duty cycles is intended for engines that
are designed for use in both tractor and vocational applications. For
all other engines (including Spark-ignition HDE), measure
CO2 emissions using the FTP transient duty cycle specified
in Sec.  1036.510.
    (i) The CO2 standard is 627 g/hp[middot]hr for all
spark-ignition engines for model years 2016 through 2020. This standard
continues to apply in later model years for all spark-ignition engines
that are not Heavy HDE.
    (ii) The following CO2 standards apply for compression-
ignition engines (in g/hp[middot]hr):

 Table 1 to Paragraph (a)(1)(ii) of Sec.   1036.108--Compression-Ignition Engine Standards for Model Years 2014-
                                                      2020
----------------------------------------------------------------------------------------------------------------
                                                   Medium heavy-   Heavy heavy-
           Model years             Light heavy-        duty-           duty-       Medium heavy-   Heavy heavy-
                                       duty         vocational      vocational     duty- tractor   duty- tractor
----------------------------------------------------------------------------------------------------------------
2014-2016.......................             600             600             567             502             475
2017-2020.......................             576             576             555             487             460
----------------------------------------------------------------------------------------------------------------

    (iii) The following CO2 standards apply for compression-
ignition engines and all Heavy HDE (in g/hp[middot]hr):

 Table 2 to Paragraph (a)(1)(iii) of Sec.   1036.108--Compression-Ignition Engine Standards for Model Years 2021
                                                    and Later
----------------------------------------------------------------------------------------------------------------
                                                   Medium heavy-   Heavy heavy-
           Model years             Light heavy-        duty-           duty-       Medium heavy-   Heavy heavy-
                                       duty         vocational      vocational     duty- tractor   duty- tractor
----------------------------------------------------------------------------------------------------------------
2021-2023.......................             563             545             513             473             447
2024-2026.......................             555             538             506             461             436
2027 and later..................             552             535             503             457             432
----------------------------------------------------------------------------------------------------------------

    (iv) You may certify spark-ignition engines to the compression-
ignition standards for the appropriate model year under this paragraph
(a). If you do this, those engines are treated as compression-ignition
engines for all the provisions of this part.
    (2) The CH4 emission standard is 0.10 g/hp[middot]hr
when measured over the applicable transient duty cycle specified in
Sec.  1036.510. This standard begins in model year 2014 for
compression-ignition engines and in model year 2016 for spark-ignition
engines. Note that this standard applies for all fuel types just like
the other standards of this section.
    (3) The N2O emission standard is 0.10 g/hp[middot]hr
when measured over the transient duty cycle specified in Sec.
1036.510. This standard begins in model year 2014 for compression-
ignition engines and in model year 2016 for spark-ignition engines.
    (b) Family Certification Levels. You must specify a CO2
Family Certification Level (FCL) for each engine family. The FCL may
not be less than the certified emission level for the engine family.
The CO2 Family Emission Limit (FEL) for the engine family is
equal to the FCL multiplied by 1.03.
    (c) Averaging, banking, and trading. You may generate or use
emission credits under the averaging, banking, and trading (ABT)
program described in subpart H of this part for demonstrating
compliance with CO2 emission standards. Credits (positive
and negative) are calculated from the difference between the FCL and
the applicable emission standard. As described in Sec.  1036.705, you
may use CO2 credits to certify your engine families to FELs
for N2O and/or CH4, instead of the
N2O/CH4 standards of this section that otherwise
apply. Except as specified in Sec. Sec.  1036.150 and 1036.705, you may
not generate or use credits for N2O or CH4
emissions.
    (d) Useful life. The exhaust emission standards of this section
apply for the useful life, expressed as vehicle miles, or hours of
engine operation, or years in service, whichever comes first, as
follows:

   Table 3 to Paragraph (d) of Sec.   1036.108--Useful Life by Primary
          Intended Service Class for Model Year 2021 and Later
------------------------------------------------------------------------
     Primary intended service class            Miles           Years
------------------------------------------------------------------------
Spark-ignition HDE......................         150,000              15
Light HDE...............................         150,000              15
Medium HDE..............................         185,000              10

Heavy HDE \a\...........................         435,000              10
------------------------------------------------------------------------
\a\ Useful life for Heavy HDE is also expressed as 22,000 operating
  hours. For an individual engine, the useful life is no shorter than 10
  years or 100,000 miles, whichever occurs first, regardless of
  operating hours.

    (e) Applicability for testing. The emission standards in this
subpart apply as specified in this paragraph (e) to all duty-cycle
testing (according to the applicable test cycles) of testable
configurations, including certification, selective enforcement audits,
and in-use testing. The CO2 FCLs serve as the CO2
emission standards for the engine family with respect to certification
and confirmatory testing instead of the standards specified in
paragraph (a)(1) of this section. The FELs serve as the emission
standards for the engine family with respect to all other duty-cycle
testing. See Sec. Sec.  1036.235 and 1036.241 to determine which engine
configurations within the engine family are subject to testing. Note
that engine fuel maps and powertrain test results also serve as
standards as described in Sec. Sec.  1036.535, 1036.540, and 1036.630
and 40 CFR 1037.550.

Sec.  1036.110  Diagnostic controls.

    Onboard diagnostic (OBD) systems must generally detect malfunctions
in the emission control system, store trouble codes corresponding to
detected malfunctions, and alert operators appropriately. Starting in
model year 2027, new engines must have OBD systems as described in this
section. You may optionally comply with any or all of the requirements