Submitted for OMB Review 05 05 2005 1 For the reasons set out in the preamble, title 40, chapter I of the Code of Federal Regulations is amended as set forth below.

PART 86   CONTROL OF EMISSIONS FROM NEW AND IN USE HIGHWAY VEHICLES AND ENGINES 1. The authority citation for part 86 continues to read as follows:

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

2. Section 86.1 is amended by adding an entry at the end of the table in paragraph ( b)( 1) and adding paragraph ( b)( 6) to read as follows:

§ 86.1 Reference materials.

* * * * *

( b)* * *

( 1) * * *

Document number and name 40 CFR part 86 reference * * * * * * *

ASTM D 975 04c Standard Specification for Diesel Fuel Oils 86.1910 * * * * *

( 6) NIST material. The following table lists material from the National Institute of Standards and Technology that we have incorporated by reference. The first column lists the number and name of the material. The second column lists the sections of this part where we reference it. Anyone may purchase copies of these materials from the Government Printing Office, Washington, DC 20402 or download them from the Internet at http:// www. nist. gov/.

Document number and name Part 86 reference NIST Special Publication 811, Guide for the Use of the International System of Units ( SI), 1995 Edition. 86.1901 Subpart A  [ Amended]

3. Section 86.007 11 is amended by adding paragraph ( a)( 4)( vi) to read as follows: Submitted for OMB Review 05 05 2005 2 § 86.007 11 Emission standards and supplemental requirements for 2007 and later model year diesel heavy duty engines and vehicles.

* * * * *

( a) * * *

( 4)* * *

( vi) Manufacturers's are not required to provide engine information exclusively related to in use testing as part of initial certification. However, upon request from EPA the manufacturers must provide the information which clearly identifies parameters defining all NTE deficiencies described under § 86.007 11( a)( 4)( iv) and parameters defining all NTE carve outs described under § § 86.1370 2007( b)( 6) and ( 7) that are requested. When requested, deficiencies and carve outs must be reported for all engine families and power ratings in English with sufficient detail for us to determine if a particular deficiency or carve out will be encountered in the emission test data from the portable emissionsampling equipment and field testing procedures referenced in § 86.1375. Such information is to be provided within 60 days of the request from EPA.

* * * * *

3. Section 86.007 21 is amended by adding paragraph ( p)( 4) to read as follows:

§ 86.007 21 Application for certification.

* * * * *

( p)* * *

( 4) The manufacturer must include the information specified in § 86.1920( c) and ( d) in the application for certification.

Subpart N  [ Amended]

4. A new § 86.1375 2007 is added to read as follows:

§ 86.1375 2007 Equipment specifications for field testing.

For testing conducted with engines installed in vehicles, including field testing conducted to measure emissions under Not To Exceed test procedures, use the test procedures and equipment specified in 40 CFR part 1065, subpart J. Submitted for OMB Review 05 05 2005 3 5. A new subpart T is added to read as follows:

Subpart T   Manufacturer Run In Use Testing Program for Heavy Duty Diesel Engines Sec.

86.1901 What testing requirements apply to my engines that have gone into service?

86.1905 How does this program work?

86.1908 How must I select and screen my in use engines?

86.1910 How must I prepare and test my in use engines?

86.1912 How do I determine whether an engine meets the vehicle pass criteria?

86.1915 What are the requirements for Phase 1 and Phase 2 testing?

86.1917 How does in use testing under this subpart relate to the emission related warranty in Section 207( a)( 1) of the Clean Air Act?

86.1920 What in use testing information must I report to EPA?

86.1925 What records must I keep?

86.1930 What special provisions apply from 2005 through 2007?

86.1935 What special provisions may apply as a consequence of a delay in the accuracy margin report for portable emission measurement systems?

Appendix I to Subpart T   Sample Graphical Summary of NTE Emission Results § 86.1901 What testing requirements apply to my engines that have gone into service?

( a) If you manufacture diesel heavy duty engines above 8500 lbs. GVWR that are subject to engine based exhaust emission standards under this part, you must test them as described in this subpart. You must measure all emissions listed in § 86.1910( d) other than PM beginning in calendar year 2005 and you must measure PM emissions beginning in calendar year 2006. See § § 86.1930 and 86.1935 for special provisions that may apply to manufacturers in the early years of this program.

( b) We may void your certificate of conformity for an engine family if you do not meet your obligations under this subpart. We may also void individual tests and require you to retest those vehicles or take other appropriate measures in instances where you have not performed the testing in accordance with the requirements described in this subpart.

( c) In this subpart, the term " you" refers to the certificate holder for any engines subject to the requirements of this subpart.

( d) In this subpart, round means to round numbers according to NIST Special Publication 811( incorporated by reference in § 86.1). Submitted for OMB Review 05 05 2005 4 § 86.1905 How does this program work?

( a) You must test in use engines from the families we select. We may select the following number of engine families for testing, except as specified in paragraph ( b) of this section:

( 1) We may select up to 25 percent of your engine families in any calendar year, calculated by dividing the number of engine families you certified in the model year corresponding to the calendar year by four and rounding to the nearest whole number. We will consider only engine families with annual U. S. directed production volumes above 1,500 units in calculating the number of engine families subject to testing each calendar year under the annual 25 percent engine family limit. In addition, for model year 2007 through 2009, identical engine families that are split into two subfamilies under § 86.007 15( m)( 9) will count as only one engine family. If you have only three or fewer families that each exceed an annual U. S.

directed production volume of 1,500 units, or if you have no engine families above this limit,

we may select one engine family per calendar year for testing.

( 2) Over any four year period, we will not select more than the average number of engine families that you have certified over that four year period ( the model year when the selection is made and the preceding three model years), based on rounding the average value to the nearest whole number.

( b) If there is clear evidence of a nonconformity with regard to an engine family, we may select that engine family without counting it as a selected engine family under paragraph ( a) of this section. We will consult with you in reaching a conclusion whether clear evidence of a nonconformity exists for any engine family. In general, there is clear evidence of a nonconformity regarding an engine family under this subpart in any of the following cases:

( 1) The engine family is a carry over from an engine family you tested under this subpart and was subsequently remedied based at least in part on the Phase 1 or Phase 2 testing outcomes described in § 86.1915.

( 2) The engine family is a carry over from an engine family that was remedied based on an EPA in use testing program.

( c) We may select any individual engine family for testing, regardless of its production volume, as long as we do not select more than the number of engine families described in paragraph ( a) of this section. We may select an engine family from the current model year or any previous model year, except that we will not select any engine families from model years before 2007 beginning in the following calendar years: Submitted for OMB Review 05 05 2005 5 ( 1) 2007 for all emissions testing other than PM testing.

( 2) 2008 for PM testing.

( d) You must complete all the required testing and reporting under this subpart within 18 months after we direct you to test a particular engine family. We will typically select engine families for testing and notify you in writing by June 30 of the applicable calendar year. You may ask for up to six months longer to complete Phase 2 testing if there is a reasonable basis for needing more time. In very unusual circumstances you may request an additional six months to complete Phase II testing.

( e) If you make a good faith effort to access enough test vehicles to complete Phase 1 or Phase 2 testing requirements under this subpart for an engine family, but are unable to do so, you must ask us either to modify the testing requirements for the selected engine family or, in the case of Phase 1 testing, to select a different engine family.

( f) After you complete the in use testing requirements for an engine family that we selected for testing in a given calendar year, we may select that same family in a later year to evaluate the engine family's compliance closer to the end of its useful life. This would count as an additional engine family selection under paragraph ( a) of this section, except as described in paragraph ( b) of this section.

( g) For any communication related to this subpart, contact the Engine Programs Group Manager ( 6405 J), U. S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington,

DC 20460.

§ 86.1908 How must I select and screen my in use engines?

( a) Once we direct you to do testing under this subpart, you must make arrangements to select test vehicles and engines that meet the following criteria:

( 1) The engines must be representative of the engine family.

( 2) The usage of the vehicles must be representative of typical usage for the vehicles'

particular application.

( 3) The vehicles come from at least two independent sources.

( 4) The key vehicle/ engine systems ( e. g., power train, drive train, emission control) have been properly maintained and used.

( 5) The engines have not been tampered with, rebuilt or undergone major repair that could be expected to affect emissions.

( 6) The engines have not been misfueled. For example, an engine may be considered Submitted for OMB Review 05 05 2005 6 misfueled if operated on a biodiesel fuel blend that is either not listed as allowed or otherwise indicated to be an unacceptable fuel in the vehicle's owner or operator manual.

( 7) The engines do not have an illuminated MIL or stored OBD trouble code that lead you to reject the vehicle from the test program as described in § 86.1910( b)( 2).

( 8) The vehicles are likely to operate for at least three hours ( excluding idle) over a complete shift day, as described in § 86.1910( g).

( 9) The vehicles have not exceeded the applicable useful life, in miles or years ( see subpart A of this part); you may otherwise not exclude engines from testing based on their age or mileage.

( 10) The vehicle has appropriate space for safe and proper mounting of the PEMS equipment.

( b) You must keep any records of a vehicle's maintenance and use history you obtain from the owner or operator, as required by § 86.1925. You must report the engine's maintenance and use history and information related to the OBD system, as described in § 86.1920.

( c) You must notify us before rejecting a candidate vehicle for reasons other than failing to meet the acceptance criteria in paragraph ( a) of this section. A candidate vehicle is any prospective vehicle you have identified to potentially fulfill your testing requirements under this subpart.

Include your reasons for rejecting each vehicle. If an owner declines to participate in the test program, you may reject the vehicle without prior notification. Such a rejection must be reported as described in § 86.1920. We may allow you to replace the rejected vehicle with another candidate vehicle to meet your testing requirements for the specific engine family.

( d) You must report when, how, and why you reject candidate vehicles, as described in § 86.1920.

§ 86.1910 How must I prepare and test my in use engines?

( a) You must limit maintenance to what is in the owners manual for engines with that amount of service and age. For anything we consider an adjustable parameter ( see § 86.094 21( b)( 1)( ii) and § 86.094 22( e)), you may adjust that parameter only if it is outside of its adjustable range. You must then set the adjustable parameter to the mid point of its adjustable range or your recommended setting, unless we approve your request to do otherwise. You must receive permission from us before adjusting anything not considered to be an adjustable parameter. You must keep records of all maintenance and adjustments, as required by § 86.1925. You must send us these records, as described in § 86.1920( a)( 3)( x), unless we instruct you not to send them.

( b) You may treat a vehicle with an illuminated MIL or stored trouble code as follows: Submitted for OMB Review 05 05 2005 7 ( 1) If the length of MIL illumination or trouble code storage is consistent with proper maintenance and use, either test the prospective test vehicle as received or repair the vehicle before testing. If you repair the vehicle, you must describe the MIL or trouble code information in your report under § 86.1920.

( 2) If the length of MIL illumination or trouble code storage is inconsistent with proper maintenance and use, either test the prospective test vehicle as received, repair the vehicle before testing, or reject the vehicle from the test program and replace it with another vehicle.

If you reject the vehicle, you must describe the MIL or trouble code information in your report under § 86.1920.

( 3) If a MIL is illuminated or a trouble code is set during an in use test, do one of the following:

( i) Stop the test, repair the vehicle, and restart the testing. In this case, only the portion of the full test results without the MIL illuminated or trouble code set would be used in the vehicle pass determination as described in § 86.1912. Describe the MIL or trouble code information in your report under § 86.1920.

( ii) Stop the test, repair the vehicle, and initiate a new test. In this case, only the postrepair test results would be used in the vehicle pass determination as described in § 86.1912. Describe the MIL or trouble code information in your report under § 86.1920.

( c) You should use appropriate fuels for testing as follows:

( 1) Any diesel fuel that meets the ASTM D 975 specifications for No. 2 D S500 or No. 2 D S15, as required in the calendar year that in use testing occurs ( incorporated by reference in § 86.1).

( 2) Any biodiesel fuel blend that is either expressly allowed or not otherwise indicated as an unacceptable fuel in the vehicle's owner or operator manual.

( 3) You may drain a prospective test vehicle's fuel tank( s) and refill the tank( s) with diesel fuel conforming to ASTM D 975 specifications described in paragraph ( c)( 1) of this section.

( 4) Any fuel that is added to the fuel tank( s) of a prospective test vehicle, or during an in use test, must be purchased at a local retail establishment near the site of vehicle procurement or screening, or along the test route. Alternatively, the fuel may be drawn from a central fueling source provided that the fuel used is representative of that which is commercially available in the area where the vehicle is operated.

( 5) No post refinery fuel additives are allowed except that one or more specific fuel additives may be used during in use testing if you can document that the owner/ operator of the Submitted for OMB Review 05 05 2005 8 prospective test vehicle has a history of normally using the fuel treatment( s), and the fuel additive( s) is not prohibited in the vehicle's owner or operator manual.

( 6) You may take fuel samples from test vehicles to ensure that appropriate fuels were used during in use testing. If a vehicle fails the vehicle pass criteria and you can show that an inappropriate fuel was used during the failed test, that particular test may be voided. You may drain the vehicle's fuel tank( s) and refill the tank( s) with diesel fuel conforming to the ASTM D 975 specifications described in paragraph ( c)( 1) of this section. You must report any fuel tests that are the basis of voiding a test in your report under § 86.1920.

( d) You must test the selected engines while they remain installed in the vehicle. Use portable emission sampling equipment and field testing procedures referenced in § 86.1375. Measure emissions of THC, NMHC ( by any method specified in 40 CFR part 1065, subpart J), CO, NOx,

PM ( as appropriate), O 2, and CO 2.

( e) For Phase 1 testing, you must test the engine under conditions reasonably expected to be encountered during normal vehicle operation and use consistent with the general NTE requirements described in § 86.1370 2007( a). For the purposes of this subpart, normal operation and use would generally include consideration of the vehicle's normal routes and loads ( including auxiliary loads such as air conditioning in the cab), normal ambient conditions, and the normal driver.

( f) For Phase 2 testing, we may give specific directions, as described in § 86.1915( c)( 2).

( g) Once an engine is set up for testing, test the engine for at least one shift day. To complete a shift day's worth of testing, start sampling at the beginning of a shift and continue sampling for the whole shift, subject to the calibration requirements of the portable emissions measurement systems. A shift day is the period of a normal workday for an individual employee. If the first shift day of testing does not involve at least 3 hours of accumulated non idle operation, repeat the testing for a second shift day. If the second shift day of testing also does not result in least 3 hours of accumulated non idle operation, you may choose whether or not to continue testing with that vehicle. If after two shift days you discontinue testing before accumulating 3 hours of nonidle operation on either day, evaluate the valid NTE samples as described in § 86.1912 and include the data in the reporting and record keeping requirements specified in § § 86.1920 and 1925.

Count the engine toward meeting your testing requirements under this subpart and use the data for deciding whether additional engines must be tested under the applicable Phase 1 or Phase 2 test plan. Submitted for OMB Review 05 05 2005 9 ( h) You have the option to test longer than the two shift day period described in paragraph ( g) of this section.

( i) You may count a vehicle as meeting the vehicle pass criteria described in § 86.1912 if a shift day of testing or two shift days of testing ( with the requisite non idle/ idle operation time as in ( g)

above), or if the extended testing you elected under paragraph ( h) of this section, does not generate a single valid NTE sampling event, as described in § 86.1912 ( b). Count the engine towards meeting your testing requirements under this subpart.

( j) You may ask us to waive measurement of particular emissions if you can show that in use testing for such emissions is not necessary.

§ 86.1912 How do I determine whether an engine meets the vehicle pass criteria?

In general, the average emissions for each regulated pollutant must remain at or below the NTE threshold in paragraph ( a) of this section for at least 90 percent of the valid NTE sampling events,

as defined in paragraph ( b) of this section. For 2007 through 2009 model year engines, the average emissions from every NTE sampling event must also remain below the NTE thresholds in paragraph ( f)( 2) of this section. Perform the following steps to determine whether an engine meets the vehicle pass criteria:

( a) Determine the NTE threshold for each pollutant subject to an NTE standard by adding all three of the following terms and rounding the result to the same number of decimal places as the applicable NTE standard:

( 1) The applicable NTE standard.

( 2) The in use compliance testing margin specified in § 86.007 11( h), if any.

( 3) An accuracy margin for portable in use equipment when testing is performed under the special provisions of § 86.1930, depending on the pollutant, as follows:

( i) NMHC: 0.17 grams per brake horsepower hour.

( ii) CO: 0.60 grams per brake horsepower hour.

( iii) NOx: 0.50 grams per brake horsepower hour.

( iv) PM: 0.10 grams per brake horsepower hour.

( 4) Accuracy margins for portable in use equipment for testing not performed under the special provisions of § 86.1930, to be determined by rulemaking as indicated in § 86.1935.

( b) For the purposes of this subpart, a valid NTE sampling event consists of at least 30 seconds of continuous operation in the NTE control area. An NTE event begins when the engine starts to operate in the NTE control area and continues as long as engine operation remains in this area Submitted for OMB Review 05 05 2005 10 ( see § 86.1370). When determining a valid NTE sampling event, exclude all engine operation in approved NTE carve outs under § 86.1370 2007( b)( 6) and any approved NTE deficiencies under § 86.007 11( a)( 4)( iv). Engine operation in the NTE control area of less than 30 contiguous seconds does not count as a valid NTE sampling event; operating periods of less than 30 seconds in the NTE control area will not be added together to make a 30 second or longer event. Exclude any portion of a sampling event that would otherwise exceed the 5.0 percent limit for the timeweighted carve out defined in § 86.1370 2007( b)( 7). For EGR equipped engines, exclude any operation that occurs during the cold temperature operation defined by the equations in § 86.1370 2007( f)( 1).

( c) Calculate the average emission level for each pollutant over each valid NTE sampling event as specified in 40 CFR part 1065, subpart G, using each NTE event as an individual test interval.

This should include valid NTE events from all days of testing.

( d) Calculate a time weighted vehicle pass ratio ( R pass). To do this, first sum the time from each valid NTE sampling event whose average emission level is at or below the NTE threshold for each and all pollutants, then divide this value by the sum of the engine operating time from all valid NTE events. Round the resulting vehicle pass ratio to two decimal places.

( 1) Calculate the time weighted vehicle pass ratio as follows:

R t t m n k n pass pass = =

=

1 1 total Where:

n pass = the number of valid sampling events for which the average emission level is at or below the NTE threshold for each and all pollutants, and n total = the total number of valid NTE sampling events.

( 2) For both the numerator and the denominator of the vehicle pass ratio, use the smallest of the following values for determining the duration ( t) of any NTE sampling event:

( i) The measured time of operation in the NTE control area for that NTE sampling event.

( ii) 600 seconds.

( iii) 10 times the length of the shortest valid NTE sample for all testing with that engine. Submitted for OMB Review 05 05 2005 11 ( e) The following example illustrates how to select the duration of NTE sampling events for calculations, as described in paragraph ( d) of this section:

NTE sample Duration of NTE sample ( seconds) Duration Limit Applied? Duration used in calculations ( seconds)

1 45 No 45 2 168 No 168 3 605 Yes. Use 10 times shortest valid NTE. 450 4 490 Yes. Use 10 times shortest valid NTE. 450 5 65 No 65 ( f) Engines meet the vehicle pass criteria under this section if they meet both of the following criteria:

( 1) The vehicle pass ratio calculated according to paragraph ( d) of this section must be at least 0.90.

( 2) For model year 2007 through 2009 engines, emission levels from every valid NTE sampling event must be less than 2.0 times the NTE thresholds calculated according to paragraph ( a) of this section for all pollutants, except that engines certified to a NOx FEL at or below 0.50 g/ bhp hr may meet the vehicle pass criteria for NOx if measured NOx emissions from every valid NTE sample are less than either 2.0 times the NTE threshold for NOx or 2.0 g/ bhp hr, whichever is greater.

§ 86.1915 What are the requirements for Phase 1 and Phase 2 testing?

For all selected engine families, you must do the following:

( a) To determine the number of engines you must test from each selected engine family under Phase 1 testing, use the following criteria: Submitted for OMB Review 05 05 2005 12 ( 1) Start by measuring emissions from five engines using the procedures described in § 86.1375. If all five engines comply fully with the vehicle pass criteria in § 86.1912 for all pollutants, you may stop testing. This completes your testing requirements under this subpart for the applicable calendar year for that engine family.

( 2) If one of the engines tested under paragraph ( a)( 1) of this section fails to comply fully with the vehicle pass criteria in § 86.1912 for one or more pollutants, test one more engine. If this additional engine complies fully with the vehicle pass criteria in § 86.1912 for all pollutants,

you may stop testing. This completes your testing requirements under this subpart for the applicable calendar year for that engine family.

( 3) If your testing results under paragraphs ( a)( 1) and ( 2) of this section do not satisfy the criteria for completing your testing requirements under those paragraphs for all pollutants, test four additional engines so you have tested a total of ten engines.

( 4) An engine that fails to fully comply with the vehicle pass criteria in § 86.1912 for any pollutant does not comply with the vehicle pass criteria in § 86.1912 for the purposes of determining the number of engines to test from each selected engine family under this paragraph.

( b) For situations where a total of ten engines must be tested under paragraph ( a)( 3) of this section, the results of Phase 1 testing lead to the following outcomes:

( 1) If at least eight of the ten engines comply fully with the vehicle pass criteria in § 86.1912 for all pollutants, you may stop testing. This completes your testing requirements under this subpart for the applicable calendar year for that engine family.

( 2) If six or seven vehicles from the Phase 1 sample of test vehicles comply fully with the vehicle pass criteria in § 86.1912 for all pollutants, then you must engage in follow up discussions with us to determine whether any further testing ( including Phase 2 testing), data submissions, or other actions may be warranted.

( 3) If fewer than six of the ten engines tested under paragraph ( a) of this section comply fully with the vehicle pass criteria in § 86.1912 for all pollutants, we may require you to initiate Phase 2 testing, as described in paragraph ( c) of this section.

( 4) You may under any circumstances elect to conduct Phase 2 testing following the completion of Phase 1 testing. All the provisions of paragraph ( c) of this section apply to this Phase 2 testing.

( c) If you perform Phase 2 testing for any reason, test your engines as follows: Submitted for OMB Review 05 05 2005 13 ( 1) You must test ten additional engines using the test procedures described in § 86.1375

2007, unless we require you to test fewer vehicles.

( 2) We may give you any of the following additional directions in selecting and testing engines:

( i) We may require you to select a certain subset of your engine family. This may include,

for example, engines within a specific power range, engines used in particular applications,

or engines installed in vehicles from a particular manufacturer.

( ii) We may direct you to test engines in a way that simulates the type of driving and ambient conditions associated with high emissions experienced during Phase 1 testing.

( iii) We may direct you to test engines in a specific state or any number of contiguous states.

( iv) We may direct you to select engines from the same sources used for previous testing,

or from different sources.

( v) We may require that you complete your testing and reporting under Phase 2 within a certain period. This period may not be shorter than three months and must allow a reasonable amount of time to identify and test enough vehicles. We would generally expect this testing to be completed within the overall time period specified in § 86.1905( d).

§ 86.1917 How does in use testing under this subpart relate to the emission related warranty in Section 207( a)( 1) of the Clean Air Act?

( a) An exceedance of the NTE found through the in use testing program under this subpart is not by itself sufficient to show a breach of warranty under Clean Air Act section 207( a)( 1) ( 42 U. S. C.

7541( a)( 1)). A breach of warranty would also require one of the following things:

( 1) That, at the time of sale, the engine or vehicle was designed, built, and equipped in a manner that does not conform in all material respects reasonably related to emission controls to the engine as described in the application for certification and covered by the certificate; or ( 2) A defect in materials or workmanship of a component causes the vehicle or engine to fail to conform to the applicable regulations for its useful life.

( b) To the extent that in use NTE testing does not reveal such a material deficiency at the time of sale in the design or manufacture of an engine compared with the certified engine, or a defect in the materials and workmanship of a component or part, test results showing an exceedence of the NTE by itself would not show a breach of the warranty under 42 U. S. C. 7541( a)( 1). Submitted for OMB Review 05 05 2005 14 § 86.1920 What in use testing information must I report to EPA?

( a) Send us an electronic notification at application ci_ cert@ epa. gov describing any voluntarily testing you intend to conduct with portable in use measurement systems on the same engine families that are being tested under this subpart, from the time that engine family was selected for in use testing under § 86.1905 until the final results of all testing for that engine family are reported to us under this section.

( b) Send us an electronic notification at application ci_ cert@ epa. gov within 15 days after your initial review of the test data for a selected engine family indicates that the third engine in Phase 1 testing failed to comply with the vehicle pass criteria. Similarly, send us an electronic notification at the above electronic address within 3 days after your initial review of the test data for a selected engine family indicates that any engine in Phase 2 testing failed to comply with the vehicle pass criteria.

( c) At the time of certification, provide all values and parameters required to define the NTE zone for every rating of every family. Values must be determined according to the engine mapping procedures you used to generate your FTP duty cycle. This set of parameters includes but is not limited to the following:

( 1) NTE minimum speed, torque and power, according to § 86.1370 2007( b).

( 2) NTE minimum BSFC, if required according to § 86.1370 2007( b).

( 3) If your ECM does not output torque, 30 % torque and 30 % power tables, and an interpolation scheme or surface equation, declaring independent ECM variables.

( 4) If your ECM does not output torque, NTE torque table and interpolation scheme or surface equation, declaring independent ECM variables.

( 5) If your ECM does not output BSFC, NTE BSFC table and interpolation scheme or surface equation, declaring independent ECM variables.

( 6) Port specifications and locations for exhaust aftertreatment thermocouples.

( d) At the time of certification, for each engine family, identify the applicable requirements as follows:

( 1) Identify the applicable NTE thresholds.

( 2) Identify the approved NTE carve outs under § 86.1370 2007( b)( 6) and § 86.1370

2007( b)( 7) and associated equation or points and interpolation scheme ( 3) Identify any approved NTE deficiencies under § 86.007 11( a)( 4)( iv) and associated equation or points and interpolation scheme. Submitted for OMB Review 05 05 2005 15 ( e) Within 30 days after the end of each calendar quarter, send us reports containing the test data from each engine for which testing was completed during the calendar quarter. Alternatively, you may separately send us the test data within 30 days after you complete testing for an engine.

Once you send us information under this section, you need not send that information again in later reports. Prepare your test reports as follows:

( 1) For each engine family, describe how you recruited vehicles. Describe how you used any criteria or thresholds to narrow your search or to screen individual vehicles.

( 2) Include a summary of the candidate vehicles you have rejected and the reasons you rejected them, whether you base the rejection on the criteria in § 86.1908( a) or anything else.

If you rejected a candidate vehicle due to misfueling, included the results of any fuel sample tests.

( 3) For the test vehicle, include the following background information:

( i) The EPA engine family designation, and the engine's model number, serial number,

total displacement, and power rating.

( ii) The applicable test phase ( Phase 1 or Phase 2).

( iii) The date EPA selected the engine family for testing.

( iv) The vehicle's make and model, vehicle identification number, and the year it was built.

( v) The vehicle's type or application ( such as delivery, line haul, or dump truck). Also,

identify the type of trailer, if applicable.

( vi) The vehicle's maintenance and use history.

( vii) The known status history of the vehicle's OBD system and any actions the owner or operator took to address OBD trouble codes or MIL illumination over the vehicle's lifetime.

( viii) Any OBD codes or MIL illumination that occur after you accept the vehicle for inuse testing under this subpart.

( ix) Any steps you take to maintain, adjust, modify, or repair the vehicle or its engine to prepare for or continue testing, including actions to address OBD trouble codes or MIL illumination. Include any steps you took to drain and refill the vehicle's fuel tank( s) to correct misfueling, and the results of any fuel test conducted to identify misfueling.

( 4) For each test, include the following data and measurements:

( i) The date and time of testing, and the test number.

( ii) Shift days of testing ( see § 86.1910 ( g)), duration of testing, and the total hours of nonidle operation. Submitted for OMB Review 05 05 2005 16 ( iii) Route and location of testing. You may base this description on the output from a global positioning system.

( iv) The steps you took to ensure that vehicle operation during testing was consistent with normal operation and use, as described in § 86.1910( e).

( v) Fuel test results if conducted under § § 86.1908 and 86.1910.

( vi) The vehicle's mileage at the start of the test. Include the engine's total lifetime hours of operation, if available.

( vii) Ambient temperature, dewpoint, and barometric pressure at the start and finish of each valid NTE event.

( viii) The number of valid NTE events ( see § 86.1912( c)), and the percent of measured operating time in the NTE zone ( both for valid NTE events and for instantaneous excursions).

( ix) Average emissions for each pollutant over each valid NTE event. Describe the method you used to determine NMHC as specified in 40 CFR part 1065, subpart J. See Appendix I of this subpart for an example of graphically summarizing NTE emission results.

( x) Exhaust flow measurements.

( xi) Vehicle pass ratio ( see § 86.1912( d)).

( xii) Recorded one hertz data. At a minimum this data must include, but is not limited to the following:

( A) Ambient temperature.

( B) Ambient pressure.

( C) Ambient humidity.

( D) Altitude.

( E) Emissions of THC, NMHC, CO, CO 2 or O 2, NOx, and PM ( as appropriate).

Report results for CH 4 if it was measured and used to determine NMHC.

( F) Differential back pressure of any PEMS attachments to vehicle exhaust.

( G) Exhaust flow.

( H) Coolant temperature, if the engine meets § 86.1370 2007( f).

( I) Intake manifold temperature, if the engine meets § 86.1370 2007( f).

( J) Intake manifold pressure, if the engine meets § 86.1370 2007( f).

( K) Exhaust aftertreatment temperatures, if the engine meets § 86.1370 2007( g). Submitted for OMB Review 05 05 2005 17 ( xiii) Also, include any other relevant parameters electronically sensed, measured,

calculated, broadcast or otherwise stored by the engine's onboard computer such as any parameters used to modulate the emission control system. At a minimum, the set of ECM parameters must include, but is not limited to engine speed, engine brake torque, engine coolant temperature, intake manifold temperature, intake manifold pressure, " throttle"

position, and any parameter sensed or controlled in order to modulate the emissions control system or fuel injection timing.

( xiv) We may request other information or parameters as needed to verify compliance or to direct additional testing.

( 5) Include the following summary information after you complete testing with the engine:

( i) State whether the engine meets the vehicle pass criteria in § 86.1912( f).

( ii) Identify how many engines you have tested from the applicable engine family and how many engines still need to be tested.

( iii) Identify how many engines from an engine family have passed the vehicle pass criteria and the number that have failed the vehicle pass criteria ( see § 86.1912( f)).

( iv) If possible, state the outcome of Phase 1 testing for the engine family based on the criteria in § 86.1915( b).

( f) In your reports under this section, you must do all the following:

( 1) Include results from all emission testing required under this subpart.

( 2) Describe if any testing or evaluations were conducted to determine why a vehicle failed the vehicle pass criteria in § 86.1912.

( 3) Describe the purpose of any diagnostic procedures you conduct.

( 4) Describe any instances in which the OBD system illuminated the MIL or set trouble codes.

Also describe any approved actions taken to address the trouble codes or MIL.

( 5) Describe any instances of misfueling, the approved actions taken to address the problem,

and the results of any associated fuel sample testing.

( 6) Describe any incomplete or invalid tests that were conducted under this subpart.

( g) We may ask you to send us less information in your reports under this section.

( h) Send us electronic reports at application ci_ cert@ epa. gov using an approved information format. If you want to use a different format, send us a written request with justification.

( i) We may require you to send us more information to evaluate whether your engine family meets the requirements of this part. Submitted for OMB Review 05 05 2005 18 § 86.1925 What records must I keep?

( a) Organize and maintain your records as described in this section. We may review your records at any time, so it is important to keep required information readily available.

( b) Keep the following paper or electronic records of your in use testing for five years after you complete all the testing required for an engine family:

( 1) Keep a copy of the reports described in § 86.1920.

( 2) Keep any additional records, including forms you create, related to any of the following:

( i) The procurement and vehicle selection process described in § 86.1908, including the vehicle owner's name, address, phone number, and e mail address.

( ii) Pre test maintenance and adjustments to the engine performed under § 86.1910.

( iii) Test results for all void, incomplete, and voluntary testing described in § 86.1920 ( iv) Evaluations to determine why a vehicle failed the vehicle pass criteria described in § 86.1912.

( 3) Keep a copy of the relevant calibration results required by 40 CFR part 1065.

§ 86.1930 What special provisions apply from 2005 through 2007?

We may direct you to test engines under this subpart for emissions other than PM in 2005 and 2006, and for PM emissions in 2006 and 2007. In these interim periods, all the provisions of this subpart apply, with the following exceptions:

( a) We will only select engine families for testing of emissions other than PM when the manufacturer's Statement of Compliance specifically describes the family as being designed to comply with NTE requirements.

( b) You may limit your testing under Phase 1 to a maximum of five vehicles per selected engine family only if you participate in the test program described in § 86.1935( a).

( c) We will not direct you to do the Phase 2 testing in § 86.1915( c), regardless of measured emission levels.

( d) For purposes of calculating the NTE thresholds under § 86.1912( a) for any 2006 and earlier model year engine that is not subject to the emission standards in § 86.007 11, determine the applicable NTE standards as follows:

( 1) Any numerical NTE requirements specified in the terms of any consent decree that apply to the engine family under this subpart. Submitted for OMB Review 05 05 2005 19 ( 2) If a numerical NTE requirement is not specified in a consent decree for the engine family,

the NTE standards are 1.25 times the applicable FELs or the applicable emission standards specified in § 86.004 11( a)( 1) or § 86.098 11( a)( 1).

( e) You must submit the deficiencies and carve outs report described in § 86.007 11( a)( 4)( vi) for 2006 and earlier model year engines tested under this section. You must submit this information in the report required in § 86.1920( c).

( f) Testing under this section may be extended as described in § 86.1935( d).

§ 86.1935 What special provisions may apply as a consequence of a delay in the accuracy margin report for portable emission measurement systems?

( a) A memorandum entitled, " Memorandum of Agreement, Program to Develop Emission Measurement Accuracy Margins for Heavy Duty In Use Testing" describes a test program for establishing measurement accuracy margins related to testing under § 86.1912( a)( 4) which will be used for testing under this subpart. This document is available at http:// www. epa. gov/ otaq/

hdhwy htm or at the mailing address specified in § 86.1905( g).

( b) If there is a delay in receiving the written final report for either gaseous emissions or PM emissions described in the agreement referenced in paragraph ( a) of this section, and that delay is not attributable to engine manufacturers failing to meet their commitments under that agreement,

the following provisions apply for the respective pollutant type ( gaseous or PM emissions):

( 1) If the delay is 3 months or less, we will delay the designation of engine families for testing in the applicable calendar year, as described in § 86.1905( d), by the same number of additional whole months ( rounded up) needed to complete the report.

( 2) If the delay is more than 3 months but less than 12 months, we may continue to designate engine families for testing under the special provisions described in § 86.1930 for an additional year.

( 3) If the delay is longer than 12 months, the following approach is established for the applicable calendar year:

( i) If the delay is longer than 12 months but less than 15 months, we will follow the steps described in paragraph ( b)( 1) of this section.

( ii) If the delay is longer than 15 months but less than 24 months, we will follow the steps described in paragraph ( b)( 2) of this section, for the applicable calendar year.

( iii) If the delay is longer than 24 months, the applicable gaseous or PM emission testing program will go into abeyance. Submitted for OMB Review 05 05 2005 20 ( c) If one or more engine manufacturers fail to meet commitments under the agreement described in paragraph ( a) of this section and such a failure results in a delay in the final written report for either gaseous emissions ( NOx, NMHC and CO) or PM emissions described in the agreement, the following provisions apply for the respective pollutant type ( gaseous or PM emissions):

( 1) If the delay is 3 months or less, we will delay the designation of engine families for testing in the applicable calendar year, as described in § 86.1905( d), by the same number of additional whole months ( rounded up) needed to complete the report.

( 2) If the delay is more than 3 months but less than 12 months, the provisions of this subpart will not apply for the otherwise applicable calendar year ( 2007 for gaseous emissions and 2008 for PM emissions), subject to the following provisions:

( i) We may identify the number of engine families that would otherwise have been designated for testing in that calendar year for the delayed pollutant type and direct manufacturers to test that number of engine families under the special provisions described in § 86.1930 and additionally in any later calendar year once the provisions of this subpart begin for that pollutant type, without counting those accumulated engine families toward the allowable annual cap on the number of engine families specified in § 86.1905.

( ii) A delay for PM emissions would not be a sufficient basis for delaying the program for gaseous emissions. Similarly, a delay for gaseous emissions would not be a sufficient basis for delaying the program for PM emissions.

( iii) The normal 18 month period for testing and reporting results specified in § 86.1905( d)

is extended to 24 months for any accumulated engine family designation described in paragraph ( c)( 2)( i) of this section. The additional time extensions for testing and reporting results as specified in § 86.1905( d) also apply ( 3) If the delay is longer than 12 months, the following approach is established for the applicable calendar year.

( i) If the delay is longer than 12 months but less than 15 months, we will follow the steps described in paragraph ( c)( 1) of this section.

( ii) If the delay is longer than 15 months, but less than 24 months, we will follow the steps described in paragraph( c)( 2) of this section for the applicable calendar year.

( iii) If the delay is longer than 24 months, we will continue to follow the steps described in paragraphs ( c)( 1) and ( c)( 2) of this section, including the accumulation of engine families for testing until the report is received and the fully implemented program commences. Submitted for OMB Review 05 05 2005 21 ( d) We may determine that any individual manufacturer's failure under paragraph ( c) of this section constitutes a failure by all engine manufacturers.

( e) Nothing in this section affects our ability to select engines from any model year beginning with model year 2007.

( f) If we determine that fundamental technical problems with portable in use PM measurement systems are not resolvable in a reasonable time, the provisions of this subpart, as they apply to PM, will go into abeyance until we determine that suitable emission measurement devices are available for in use testing.

( g) Engine manufacturers contributing to the test programs described in the agreement referenced in paragraph ( a) of this section may limit their testing under the special provisions described in § 86.1930 to five engines in each selected engine family.

Appendix I to Subpart T   Sample Graphical Summary of NTE Emission Results The following figure shows an example of a graphical summary of NTE emission results: Submitted for OMB Review 05 05 2005 22 Submitted for OMB Review 05 05 2005 23


[Federal Register: December 16, 2008 (Volume 73, Number 242)]
[Rules and Regulations]
[Page 76219-76220]
[DOCID:fr16de08-8]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 50

[EPA-HQ-OAR-2005-0159; FRL-8752-2]
RIN 2060-AP28

The Treatment of Data Influenced by Exceptional Events
(Exceptional Event Rule): Revised Exceptional Event Data Flagging
Submittal and Documentation Schedule To Support Initial Area
Designations for the 2008 Ozone NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

-----------------------------------------------------------------------

SUMMARY: The EPA issued ``The Treatment of Data Influenced by
Exceptional Events (Exceptional Event Rule): Revised Exceptional Event
Data Flagging Submittal and Documentation Schedule for Monitoring Data
Used in Designations for the 2008 Ozone NAAQS'' as a direct final rule
on October 6, 2008, 73 FR 58042. Because EPA received an adverse
comment, we are withdrawing the direct final rule amendments to ``The
Treatment of Data Influenced by Exceptional Events (Exceptional Event
Rule): Revised Exceptional Event Data Flagging Submittal and
Documentation Schedule to Support Initial Area Designations for the
2008 Ozone NAAQS'' published in the Federal Register on October 6, 2008
(73 FR 58042).

DATES: As of December 16, 2008, EPA withdraws the direct final rule
amendments published on October 6, 2008 (73 FR 58042).

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2005-0159. All documents in the docket are listed on the
http://www.regulations.gov Web Site. Although listed in the index, some
information is not publicly available, e.g., confidential business
information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the Internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically through http://www.regulations.gov or in hard copy at
Air Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Thomas E. Link, Air Quality Planning
Division, Office of Air Quality Planning and Standards, Mail Code C539-
04, Environmental Protection Agency, Research Triangle Park, North
Carolina 27711; telephone number:<PHONE_NUMBER>; fax number: 919-541-
0824; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

    This action affects states and local air quality agencies and may
also affect Tribal air quality agencies that have implemented air
quality monitoring networks or have authority to implement air quality
programs.

II. Background Information

    The EPA issued ``The Treatment of Data Influenced by Exceptional
Events (Exceptional Event Rule): Revised Exceptional Event Data
Flagging Submittal and Documentation Schedule

for Monitoring Data Used in Designations for the 2008 Ozone NAAQS'' as
a direct final rule on October 6, 2008, 73 FR 58042. The direct final
rule revises the schedule for the flagging and submission of
documentation of data impacted by exceptional events that may be used
for designations under the 2008 ozone National Ambient Air Quality
Standards (NAAQS). For a detailed description of the ozone NAAQS and
the Exceptional Events Rule, please see the rulemaking actions which
are available at EPA's Web sites at http://www.epa.gov/
groundlevelozone/actions.html and http://www.epa.gov/EPA-AIR/2008/
October/Day-06/a23520.htm and also in the Federal Register at 73 FR
16436 and 73 FR 58042.
    We stated in the direct final rule amendments that if we received
adverse comment by November 20, 2008, we would publish a timely notice
of withdrawal in the Federal Register. We received an adverse comment
on the direct final rule amendments on November 20, 2008. Because EPA
received adverse comment, we are withdrawing the direct final rule
amendments to ``The Treatment of Data Influenced by Exceptional Events
(Exceptional Event Rule): Revised Exceptional Event Data Flagging
Submittal and Documentation Schedule to Support Initial Area
Designations for the 2008 Ozone NAAQS'' published in the Federal
Register on October 6, 2008 (73 FR 58042), as of December 16, 2008. EPA
will address adverse comments received in a subsequent final action
based on the parallel proposal also published on October 6, 2008. As
stated in the parallel proposal, we will not institute a second comment
period on this action.

List of Subjects in 40 CFR Part 50

    Environmental protection, Air pollution control, Nitrogen dioxide,
Ozone, Particulate matter, Reporting and recordkeeping requirements,
Sulfur dioxide, Volatile organic compounds.

    Dated: December 10, 2008.
Robert J. Meyers,
Principal Deputy Assistant Administrator.

PART 50--[AMENDED]

0
Accordingly, the amendments to the rule published in the Federal
Register on October 6, 2008 (73 FR 58042) on pages 58042-58047 are
withdrawn as of December 16, 2008.

[FR Doc. E8-29747 Filed 12-15-08; 8:45 am]

BILLING CODE 6560-50-P