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

0
30. Revise the heading for subpart W to read as follows:

Subpart W--Emission Control System Performance Warranty Tests

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

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

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

0
32. 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
33. 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
34. 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(v) 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
35. 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) 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.
* * * * *
    (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
36. 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
37. Amend Sec.  86.117-96 by revising paragraphs (d)(1) 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 according to the
following equation:
[GRAPHIC] [TIFF OMITTED] TR24JA23.004

Where:

MCH3OH = Methanol mass change, [mu]g.
Vn = Enclosure volume, in ft\3\, as measured in paragraph
(b)(1) of this section.
TE = Temperature of sample withdrawn, R.
f = Final sample.
CMS = GC concentration of test sample.
1 = First impinger.
AV = Volume of absorbing reagent in impinger (ml).
2 = Second impinger.

VE = Volume of sample withdrawn, ft3. Sample
volumes must be corrected for differences in temperature to be
consistent with determination of Vn, prior to being used
in the equation.
TSHED = Temperature of SHED, R.
i = Initial sample.
MCH3OH,out = mass of methanol exiting the enclosure, in
the case of fixed volume enclosures for diurnal emission testing,
[mu]g.
MCH3OH,in = mass of methanol exiting the enclosure, in
the case of fixed volume enclosures for diurnal emission testing,
[mu]g.
* * * * *

0
38. Amend Sec.  86.137-94 by revising paragraph (b)(24) to read as
follows.

Sec.  86.137-94  Dynamometer test run, gaseous and particulate
emissions.

* * * * *
    (b) * * *
    (24) This completes the test sequence for vehicles that do not need
testing for evaporative emissions. Continue testing for evaporative
emissions as follows:
    (i) For the three-day diurnal test sequence, proceed according to
Sec.  86.134.
    (ii) For the two-day diurnal test sequence, proceed according to
Sec.  86.138-96(k). The following additional provisions apply for
heavy-duty vehicles:
    (A) For vehicles with a nominal fuel tank capacity at or above 50
gallons, operate the vehicle over a second full FTP cycle before
measuring evaporative emissions; exhaust emission measurement is not
required for the additional FTP cycle.
    (B) [Reserved]

0
39. Amend Sec.  86.143-96 by revising paragraph (b)(1)(i) to read as
follows.

Sec.  86.143-96  Calculations; evaporative emissions.

* * * * *
    (b) * * *
    (1) * * *
    (i) Methanol emissions:
    [GRAPHIC] [TIFF OMITTED] TR24JA23.005

Where:

MCH3OH = Methanol mass change, [mu]g.
Vn = Net enclosure volume, ft3, as determined
by subtracting 50 ft3 (volume of vehicle with trunk and
windows open) from the enclosure volume. A manufacturer may use the
measured volume of the vehicle (instead of the nominal 50
ft3) with advance approval by the Administrator:
Provided, the measured volume is determined and used for all
vehicles tested by that manufacturer.
TE = Temperature of sample withdrawn, R.
f = Final sample.
CMS = GC concentration of sample, [mu]g/ml.
1 = First impinger.
AV = Volume of absorbing reagent in impinger.
2 = Second impinger.
VE = Volume of sample withdrawn, ft3. Sample
volumes must be corrected for differences in temperature to be
consistent with determination of Vn, prior to being used
in the equation.
TSHED = Temperature of SHED, R.
i = Initial sample.
MCH3OH,out = mass of methanol exiting the enclosure, in
the case of fixed-volume enclosures for diurnal emission testing,
[mu]g.
MCH3OH,in = mass of methanol entering the enclosure, in
the case of fixed-volume enclosures for diurnal emission testing,
[mu]g.
* * * * *

0
40. Amend Sec.  86.154-98 by revising paragraph (e)(9) to read as
follows.

Sec.  86.154-98  Measurement procedure; refueling test.

* * * * *
    (e) * * *
    (9) For vehicles equipped with more than one fuel tank, use good
engineering judgment to apply the procedures described in this section
for each fuel tank.

0
41. 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
42. Subpart I, consisting of Sec. Sec.  86.1101-87 through 86.1116-87,
is removed and reserved.

0
43. 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
44. 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 1036.510. 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
45. Remove Sec. Sec.  86.1302-84, 86.1303-84, and 86.1304.

0
46. 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:
BILLING CODE 6560-50-P

[GRAPHIC] [TIFF OMITTED] TR24JA23.006

BILLING CODE 6560-50-C

0
47. 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, use equipment meeting the requirements of 40 CFR part
1065, subpart L.
* * * * *

0
48. Amend Sec.  86.1801-12 by revising paragraphs (a) introductory
text, (a)(2)(iii), (a)(3) introductory text, (a)(3)(iii) and (iv), (b),
and (g) to read as follows:

Sec.  86.1801-12  Applicability.

    (a) Applicability. The provisions of this subpart apply to certain
types of new vehicles as described in this paragraph (a). Where the
provisions apply for a type of vehicle, they apply for vehicles powered
by any fuel, unless otherwise specified. In cases where a provision
applies only to 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. Testing references in this subpart generally apply to Tier 2
and older vehicles, while testing references to 40 CFR part 1066
generally apply to Tier 3 and newer vehicles; see Sec.  86.101 for
detailed provisions related to this transition. The provisions of this
subpart apply to certain vehicles as follows:
* * * * *
    (2) * * *
    (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 of any size, 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:
* * * * *
    (iii) The evaporative emission standards apply for incomplete
heavy-duty vehicles at or below 14,000 pounds GVWR.
    (iv) Evaporative and refueling emission standards apply for
complete and incomplete heavy-duty vehicles above 14,000 pounds GVWR as
specified in 40 CFR 1037.103.
* * * * *
    (b) Relationship to 40 CFR parts 1036 and 1037. If any heavy-duty
vehicle is not subject to standards and certification requirements
under this subpart, the vehicle and its installed engine are instead
subject to standards and certification requirements under 40 CFR parts
1036 and 1037, as applicable. If you optionally certify engines or
vehicles to standards under 40 CFR part 1036 or 40 CFR part 1037,
respectively, those engines or vehicles are subject to all the
regulatory requirements in 40 CFR parts 1036 and 1037 as if they were
mandatory. Note that heavy-duty engines subject to greenhouse gas
standards under 40 CFR part 1036 before model year 2027 are also
subject to standards and certification requirements under 40 CFR part
86, subpart A.
* * * * *
    (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
49. Amend Sec.  86.1806-17 by adding paragraphs (a)(9) and (b)(4) to
read as follows:

Sec.  86.1806-17  Onboard diagnostics.

* * * * *
    (a) * * *
    (9) Apply thresholds as specified in 40 CFR 1036.110(b)(5) for
engines certified to emission standards under 40 CFR part 1036.
    (b) * * *
    (4) For vehicles with installed compression-ignition engines that
are subject to standards and related requirements under 40 CFR 1036.104
and 1036.111, you must comply with the following additional
requirements:
    (i) Make parameters related to engine derating and other
inducements available for reading with a generic scan tool as specified
in 40 CFR 110(b)(9)(vi).
    (ii) Design your vehicles to display information 1036.related to
engine derating and other inducements in the cab as specified in 40 CFR
1036.110(c)(1).
* * * * *

0
50. Amend Sec.  86.1810-17 by adding paragraphs (j) and (k) 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.
    (k) Gasoline-fueled vehicles must have a restriction in the tank
filler inlet that allows inserting nozzles meeting the specifications
of 40 CFR 1090.1550(a), but not nozzles with an outside diameter
greater than 2.3 centimeters.

0
51. Amend Sec.  86.1813-17 by revising paragraphs (a)(2)(iii) and (b)
to read as follows:

Sec.  86.1813-17  Evaporative and refueling emission standards.

* * * * *
    (a) * * *

    (2) * * *
    (iii) Hydrocarbon emissions must not exceed 0.020 g for LDV and LDT
and 0.030 g for HDV when tested using the Bleed Emission Test Procedure
adopted by the California Air Resources Board as part of the LEV III
program. This procedure quantifies diurnal emissions using the two-
diurnal test sequence without measuring hot soak emissions. For heavy-
duty vehicles with a nominal fuel tank capacity at or above 50 gallons,
operate the vehicle over a second full FTP cycle before measuring
diurnal emissions. The standards in this paragraph (a)(2)(iii) do not
apply for testing at high-altitude conditions. For vehicles with non-
integrated refueling canisters, the bleed emission test and standard do
not apply to the refueling canister. You may perform the Bleed Emission
Test Procedure using the analogous test temperatures and the E10 test
fuel specified in subpart B of this part.
* * * * *
    (b) Refueling emissions. Light-duty vehicles, light-duty trucks,
and heavy-duty vehicles must meet the refueling emission standards in
this paragraph (b) as follows when measured over the procedure
specified in Sec.  86.150:
    (1) The following implementation dates apply for incomplete
vehicles:
    (i) Refueling standards apply starting with model year 2027 for
incomplete vehicles certified under 40 CFR part 1037, unless the
manufacturer complies with the alternate phase-in specified in
paragraph (b)(1)(iii) of this section. If you do not meet the
alternative phase-in requirement for model year 2026, you must certify
all your incomplete heavy-duty vehicles above 14,000 pounds GVWR to the
refueling standard in model year 2027.
    (ii) Refueling standards are optional for incomplete heavy-duty
vehicles at or below 14,000 pounds GVWR, unless the manufacturer uses
the alternate phase-in specified in paragraph (b)(1)(iii) of this
section to meet standards together for heavy-duty vehicles above and
below 14,000 pounds GVWR.
    (iii) Manufacturers may comply with an alternate phase-in of the
refueling standard for incomplete heavy-duty vehicles as described in
this paragraph (b)(1)(iii). Manufacturers must meet the refueling
standard during the phase-in based on their projected nationwide
production volume of all incomplete heavy-duty vehicles subject to
standards under this subpart and under 40 CFR part 1037 as described in
Table 4 of this section. Keep records as needed to show that you meet
phase-in requirements.

     Table 4 of Sec.   86.1813-17--Alternative Phase-In Schedule for
     Refueling Emission Standards for Incomplete Heavy-Duty Vehicles
------------------------------------------------------------------------
                                                              Minimum
                                                           percentage of
                                                             vehicles
                       Model year                         subject to the
                                                             refueling
                                                             standard
------------------------------------------------------------------------
2026....................................................              40
2027....................................................              40
2028....................................................              80
2029....................................................              80
2030....................................................             100
------------------------------------------------------------------------

    (2) The following refueling standards apply:
    (i) 0.20 g THCE per gallon of fuel dispensed for vehicles using
volatile liquid fuels. This standard also applies for diesel-fueled
LDV.
    (ii) 0.15 g THC per gallon of fuel dispensed for liquefied
petroleum gas-fueled vehicles and natural gas-fueled vehicles.
* * * * *

Sec.  86.1819  [Removed]

0
52. Remove Sec.  86.1819.

0
53. 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
54. Amend Sec.  86.1821-01 by revising paragraph (a) and adding
paragraph (g) to read as follows:

Sec.  86.1821-01  Evaporative/refueling family determination.

    (a) The gasoline-, ethanol-, metha- nol-, liquefied petroleum gas-,
and natural gas-fueled vehicles described in a certification
application will be divided into groupings expected to have similar
evaporative and/or refueling emission characteristics (as applicable)
throughout their useful life. Each group of vehicles with similar
evaporative and/or refueling emission characteristics shall be defined
as a separate evaporative/refueling family. Manufacturers shall use
good engineering judgment to determine evaporative/refueling families.
This section applies for all sizes and types of vehicles that are
subject to evaporative or refueling standards, including those subject
to standards under 40 CFR 1037.103.
* * * * *
    (g) Determine evaporative/refueling families separately for
vehicles subject to standards under 40 CFR 1037.103 based on the
criteria in paragraph (b) of this section, even for vehicles you
certify based on engineering analysis under 40 CFR 1037.103(c). In
addition, if you certify such vehicles based on testing, include only
those vehicle models in the family that are properly represented by
that testing, as described in Sec.  86.1828.

0
55. 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 batteries
and other relevant 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
56. 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
57. 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) * * *
    (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 600--FUEL ECONOMY AND GREENHOUSE GAS EXHAUST EMISSIONS OF
MOTOR VEHICLES

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

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

0
59. 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
60. Amend Sec.  600.002 by adding a definition of ``Designated
Compliance Officer'' in alphabetical order and revising the definitions
of ``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
61. Amend Sec.  600.011 by:
0
a. Adding introductory text;
0
b. Removing paragraph (a);
0
c. Redesignating paragraph (b) as new paragraph (a);
0
d. Adding a new paragraph (b);
0
e. Revising paragraph (c)(2); and
0
f. Removing paragraph (d).
    The additions and revisions read as follows:

Sec.  600.011  Incorporation by reference.

    Certain material is incorporated by reference into this part with
the approval of the Director of the Federal Register under 5 U.S.C.
552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, EPA must publish a document in the Federal
Register and the material must be available to the public. All approved
incorporation by reference (IBR) material is available for inspection
at EPA and at the National Archives and Records Administration (NARA).
Contact EPA at: U.S. EPA, Air and Radiation Docket Center, WJC West
Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC 20004;
www.epa.gov/dockets;<PHONE_NUMBER>. For information on inspecting this
material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email [email protected]. The material may be
obtained from the following sources:
* * * * *
    (b) International Organization for Standardization, Case Postale
56, CH-1211 Geneva 20, Switzerland; (41) 22749 0111; [email protected];
or www.iso.org.
    (1) ISO/IEC 18004:2006(E), Information technology--Automatic
identification and data capture techniques--QR Code 2005 bar code
symbology specification, Second

Edition, September 1, 2006, IBR approved for Sec.  600.302-12(b).
    (2) [Reserved]
    (c) * * *
    (2) SAE J1634 JUL2017, 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).
* * * * *

Subpart B [Amended]

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

0
62. Remove Sec. Sec.  600.106-08, 600.108-08, 600.109-08, and 600.110-
08.

0
63. 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
64. Remove Sec.  600.112-08.

0
65. 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
66. 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 and
fuel cell 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
67. 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.
    (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 key-off soak period up to 30 minutes may be inserted
between UDDS2 and the first phase of the mid-test constant
speed cycle, between UDDS4 and the first phase of the end-
of-test constant speed cycle, and between the end of the mid-test
constant speed cycle and UDDS3. Start the next test segment
immediately if there is no key-off soak between test segments.
    (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 5-minute to 30-minute key-off soak period between each constant
speed phase as noted in SAE J1634 Section 6.6.
    (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) Manufacturers may determine the mid-test constant speed cycle
distance (dM) using their own methodology and good
engineering judgment. Otherwise, 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, except at the conclusion of the mid-test constant
speed cycle, perform a 5-minute to 30-minute key-off soak. A key-off
soak period up to 30 minutes may be inserted between the end of the
mid-test constant speed cycle and UDDS3.
    (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, perform a 5-minute to 30-minute key-
off soak.
    (8) SAE J1634 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) Before model year 2025, 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.
    (ii) Beginning with model year 2025, the 20 [deg]F UDDS charge-
depleting UDDS test will be replaced with a 20 [deg]F UDDS test
consisting of two 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.
    (iii) 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 2025.
    (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 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 2025, the 20 [deg]F UDDS test results will consist of only two
UDDS cycles.

    (D) Beginning in model year 2025, calculate City Fuel Economy using
the following equation for RunningFC instead of the equation on Page 30
in Appendix C of SAE J1634:
[GRAPHIC] [TIFF OMITTED] TR24JA23.007

    (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.
    (iv) 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.
* * * * *

Subpart C [Amended]

0
68. 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.
* * * * *

Subpart D [Amended]

0
69. 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 represent 5-cycle values as described
in Sec.  600.210-12(d)(3), then combine them arithmetically by
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, separately for FTP-based city and HFET-based highway
driving. Adjust these values to represent 5-cycle values as described
in 600.115-11, then combine them arithmetically by 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.
* * * * *

Subpart F [Amended]

0
70. Amend Sec.  600.510-12 by revising the entry defining the term
``AFE'' under the formula 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
71. 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
72. The authority citation for part 1027 continues to read as follows:

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

0
73. 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
74. The authority citation for part 1030 continues to read as follows:

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

0
75. 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 1031--CONTROL OF AIR POLLUTION FROM AIRCRAFT ENGINES

0
76. The authority citation for part 1031 continues to read as follows:

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

Subpart C [Amended]

0
77. Revise Sec.  1031.170 to read as follows:

Sec.  1031.170  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
78. The authority citation for part 1033 continues to read as follows:

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

Subpart A [Amended]

0
79. 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
80. Amend Sec.  1033.5 by removing and reserving paragraph (c).

Subpart B [Amended]

0
81. 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
82. Remove Sec.  1033.102.

0
83. 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
84. 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.
* * * * *

Subpart C [Amended]

0
85. 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 practically adjustable operating parameters, include the
nominal or recommended setting, the intended practically adjustable
range, the limits or stops used to limit adjustable ranges, and
production tolerances of the limits or stops used to establish each
practically adjustable range. State that 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 practically adjustable ranges and provide information to
support this statement.
    (ii) For programmable operating parameters, state that you have
restricted access to electronic controls to prevent parameter
adjustments on in-use engines that would allow operation outside the
practically adjustable range. Describe how your engines are designed to
prevent unauthorized adjustments.
* * * * *

0
86. 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) The minimum required aging for locomotive engines as specified
in 40 CFR 1036.245(c)(2) is 3,000 hours. Operate the engine for service
accumulation using the same sequence of duty cycles that would apply
for determining a deterioration factor under paragraphs (a) through (d)
of this section.
    (2) Perform verification testing as described in subpart F of this
part rather than 40 CFR 1036.555. The provisions of 40 CFR
1036.246(d)(2) 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 1036.580.

Subpart F [Amended]

0
87. 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] TR24JA23.008

Where:

[kappa]meas = the value of percent opacity from
paragraphs (c)(1) through (3) of this section.
lmeas = the smokemeter's optical path length in the
exhaust plume, expressed to the nearest 0.01 meters.

Example:

[kappa]meas = 14.1%
lmeas = 1.11 m
[GRAPHIC] [TIFF OMITTED] TR24JA23.009

[kappa]std = 12.8%

Subpart G [Amended]

0
88. 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
89. 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).

Subpart J [Amended]

0
90. Amend Sec.  1033.901 by revising the definitions of ``Adjustable
parameter'' and ``Designated Compliance Officer'' to read as follows:

Sec.  1033.901  Definitions.

* * * * *
    Adjustable parameter has the meaning given in 40 CFR 1068.50.
* * * * *
    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
91. 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                    -----------------------------------------------
        Type of standard             original          Tier                                        PM-alternate
                                    manufacture                         NOX         PM-primary          \a\
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
\a\ 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.
0
92. Revise part 1036 to read as follows:

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

Subpart A--Overview and Applicability
Sec.
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.
1036.136 Clean Idle sticker.
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.
1036.505 Engine data and information to support vehicle
certification.
1036.510 Supplemental Emission Test.
1036.512 Federal Test Procedure.
1036.514 Low Load Cycle.
1036.520 Determining power and vehicle speed values for powertrain
testing.
1036.525 Clean Idle test.
1036.530 Test procedures for off-cycle testing.
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.
1036.550 Calculating greenhouse gas emission rates.
1036.555 Test procedures to verify deterioration factors.
1036.580 Infrequently regenerating aftertreatment devices.
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.
1036.655 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.
1036.745 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). Heavy-duty engines produced before
December 20, 2026 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
NOX, HC, PM, and CO, and related provisions under 40 CFR
part 86, subpart A and subpart N, instead of this part, except as
follows:

    (1) The provisions of Sec. Sec.  1036.115, 1036.501(d), and
1036.601 apply.
    (2) 40 CFR parts 85 and 86 may specify that certain provisions in
this part 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.
    (b) 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.
    (c) Gas turbine heavy-duty engines and other heavy-duty engines not
meeting the definition of compression-ignition or spark-ignition are
deemed to be compression-ignition engines for purposes of this part.
    (d) 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 and refueling 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. 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 and refueling 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, as follows:
    (1) The following emission standards apply for Light HDE, Medium
HDE, and Heavy HDE over the FTP, SET, and LLC duty cycles using the
test procedures described in subpart F of this part:

      Table 1 to Paragraph (a)(1) of Sec.   1036.104--Compression-Ignition Standards for Duty Cycle Testing
----------------------------------------------------------------------------------------------------------------
                                                      NOX mg/         HC mg/          PM mg/           CO g/
                   Duty cycle                      hp[middot]hr    hp[middot]hr    hp[middot]hr    hp[middot]hr
----------------------------------------------------------------------------------------------------------------
SET and FTP.....................................              35              60               5             6.0
LLC.............................................              50             140               5             6.0
----------------------------------------------------------------------------------------------------------------

    (2) The following emission standards apply for Spark-ignition HDE
over the FTP and SET duty cycles using the test procedures described in
subpart F of this part:

         Table 2 to Paragraph (a)(2) of Sec.   1036.104--Spark-Ignition Standards for Duty Cycle Testing
----------------------------------------------------------------------------------------------------------------
                                                      NOX mg/         HC mg/          PM mg/           CO g/
                   Duty cycle                      hp[middot]hr    hp[middot]hr    hp[middot]hr    hp[middot]hr
----------------------------------------------------------------------------------------------------------------
SET.............................................              35              60               5            14.4
FTP.............................................              35              60               5             6.0
----------------------------------------------------------------------------------------------------------------

    (3) The following off-cycle emission standards apply for Light HDE,
Medium HDE, and Heavy HDE using the procedures specified in Sec.
1036.530, as follows:

      Table 3 to Paragraph (a)(3) of Sec.   1036.104--Compression-Ignition Standards for Off-Cycle Testing
----------------------------------------------------------------------------------------------------------------
                                                   Temperature        HC mg/          PM mg/           CO g/
        Off-cycle Bin                 NOX         adjustment \a\   hp[middot]hr    hp[middot]hr    hp[middot]hr
----------------------------------------------------------------------------------------------------------------
Bin 1........................  10.0 g/hr.......  (25.0-Tamb)      ..............  ..............  ..............
                                                  [middot] 0.25.
Bin 2........................  58 mg/            (25.0-Tamb)                 120             7.5               9
                                hp[middot]hr.     [middot] 2.2.
----------------------------------------------------------------------------------------------------------------
\a\ Tamb is the mean ambient temperature over a shift-day, or equivalent. Adjust the off-cycle NOX standard for
  Tamb below 25.0 [deg]C by adding the calculated temperature adjustment to the specified NOX standard. Round
  the temperature adjustment to the same precision as the NOX standard for the appropriate bin. If you declare a
  NOX FEL for the engine family, do not apply the FEL scaling calculation from paragraph (c)(3) of this section
  to the calculated temperature adjustment.

    (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.  1036.525. The optional Clean Idle
NOX emission standard is 30.0 g/h for model years 2024
through 2026, and 10.0 g/hr for model year 2027 and later. 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 value you
may specify for FELFTP:
    (i) 65 mg/hp[middot]hr for model years 2027 through 2030.
    (ii) 50 mg/hp[middot]hr for model year 2031 and later.
    (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:
[GRAPHIC] [TIFF OMITTED] TR24JA23.010

Where:

Std[cycle]NOX, = the NOX emission standard
that applies for the applicable cycle or for off-cycle testing under
paragraph (a)

of this section for engines not participating in the ABT program.
FELFTPNOX = the engine family's declared FEL for
NOX over the FTP duty cycle from paragraph (c)(1) of this
section.
StdFTPNOX = the NOX emission standard that
applies for the FTP duty cycle under paragraph (a) of this section
for engines not participating in the ABT program.

Example for model year 2029 Medium HDE for the SET:

StdSETNOX = 35 mg/hp[middot]hr
    FELFTP = 121 mg/hp[middot]hr
    StdFTPNOX = 35 mg/hp[middot]hr
    [GRAPHIC] [TIFF OMITTED] TR24JA23.011

FELSETNOX = 121 mg/hp[middot]hr
    (4) The family emission limits you select under 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 2026 and earlier       Model year 2027 and later
        Primary intended service class         -----------------------------------------------------------------
                                                  Miles      Years      Hours      Miles      Years      Hours
----------------------------------------------------------------------------------------------------------------
Spark-ignition HDE............................    110,000         10  .........    200,000         15     10,000
Light HDE.....................................    110,000         10  .........    270,000         15     13,000
Medium HDE....................................    185,000         10  .........    350,000         12     17,000
Heavy HDE.....................................    435,000         10     22,000    650,000         11     32,000
----------------------------------------------------------------------------------------------------------------

    (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.  1036.510, 1036.512, and 1036.514. 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.  1036.510. 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.
1036.510 and the FTP transient duty cycle specified in Sec.  1036.512.
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.  1036.512.
    (i) The Phase 1 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 Phase 1 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 HDE--     Heavy HDE--     Medium HDE--     Heavy HDE--
          Model years              Light HDE       vocational       vocational        tractor         tractor
----------------------------------------------------------------------------------------------------------------
2014-2016.....................             600              600              567             502             475
2017-2020.....................             576              576              555             487             460
----------------------------------------------------------------------------------------------------------------

    (iii) The following Phase 2 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 HDE--     Heavy HDE--     Medium HDE--     Heavy HDE--
          Model years              Light HDE       vocational       vocational        tractor         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 FTP transient duty cycle specified in
Sec.  1036.512. 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 applicable FTP transient duty cycle specified in
Sec.  1036.512. 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 expressed to
the same number of decimal places as the emission standard. 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 \a\..................         150,000              15
Light HDE \a\...........................         150,000              15
Medium HDE..............................         185,000              10
Heavy HDE \b\...........................         435,000              10
------------------------------------------------------------------------
\a\ Useful life for Spark-ignition HDE and Light HDE before model year
  2021 is 110,000 miles or 10 years, whichever occurs first.
\b\ 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
of this section instead of 40 CFR 86.010-18 in earlier model years.
    (a) Chassis-based OBD requirements apply instead of the
requirements of this section for certain engines as follows:
    (1) Heavy-duty engines intended to be installed in heavy duty
vehicles at or below 14,000 pounds GVWR must meet the requirements in
40 CFR 86.1806. Note that 40 CFR 86.1806 allows for using later
versions of specified OBD requirements from the California Air
Resources Board, which includes meeting the 2019 heavy-duty OBD
requirements adopted for California and updated emission thresholds as
described in this section.
    (2) Heavy-duty spark-ignition engines intended to be installed in
heavy-duty vehicles above 14,000 pounds GVWR may meet the requirements
in 40 CFR 86.1806 if the same engines are also installed in vehicles
certified under 40 CFR part 86, subpart S, where both sets

of vehicles share similar emission controls.
    (b) Engines must comply with the 2019 heavy-duty OBD requirements
adopted for California as described in this paragraph (b). California's
2019 heavy-duty OBD requirements are part of 13 CCR 1968.2, 1968.5,
1971.1, and 1971.5 (incorporated by reference in Sec.  1036.810). We
may approve your request to certify an OBD system meeting alternative
specifications if you submit information as needed to demonstrate that
it meets the intent of this section. For example, we may approve your
request for a system that meets a later version of California's OBD
requirements if you demonstrate that it meets the intent of this
section; the demonstration must include identification of any approved
deficiencies and your plans to resolve such deficiencies. To
demonstrate that your engine meets the intent of this section, the OBD
system meeting alternative specifications must address all the
provisions described in this paragraph (b) and in paragraph (c) of this
section. The following clarifications and exceptions apply for engines
certified under this part:
    (1) We may approve a small manufacturer's request to delay
complying with the requirements of this section for up to three model
years if that manufacturer has not certified those engines or other
comparable engines in California for those model years.
    (2) For engines not certified in California, references to vehicles
meeting certain California Air Resources Board emission standards are
understood to refer to the corresponding EPA emission standards for a
given family, where applicable. Use good engineering judgment to
correlate the specified standards with the EPA standards that apply
under this part. You must describe in your application for
certification how you will perform testing to demonstrate compliance
with OBD requirements to represent all your engine families over five
or fewer model years.
    (3) Engines must comply with OBD requirements throughout the useful
life as specified in Sec.  1036.104(e).
    (4) The purpose and applicability statements in 13 CCR 1971.1(a)
and (b) do not apply.
    (5) Emission thresholds apply as follows:
    (i) Spark-ignition engines are subject to a NOX
threshold of 0.35 g/hp[middot]hr for catalyst monitoring and 0.30 g/
hp[middot]hr in all other cases. Spark-ignition engines are subject to
a PM threshold of 0.015 g/hp[middot]hr. Thresholds apply for operation
on the FTP and SET duty cycles.
    (ii) Compression-ignition engines are subject to a NOX
threshold of 0.40 g/hp[middot]hr and a PM threshold of 0.03 g/
hp[middot]hr for operation on the FTP and SET duty cycles.
    (iii) All engines are subject to HC and CO thresholds as specified
in 13 CCR 1968.2 and 1971.1, except that the ``applicable standards''
for determining these thresholds are 0.14 g/hp[middot]hr for HC, 14.4
g/hp[middot]hr for CO from spark-ignition engines, and 15.5 g/
hp[middot]hr for CO from compression-ignition engines.
    (iv) Compression-ignition engines may be exempt from certain
monitoring in 13 CCR 1968.2 and 1971.1 based on specified test-out
criteria. To calculate these test-out criteria, the ``applicable
standards'' are 0.20 g/hp[middot]hr for NOX, 0.14 g/
hp[middot]hr for HC, 0.01 g/hp[middot]hr for PM, 14.4 g/hp[middot]hr
for CO from spark-ignition engines, and 15.5 g/hp[middot]hr for CO from
compression-ignition engines.
    (6) The provisions related to verification of in-use compliance in
13 CCR 1971.1(l) do not apply. The provisions related to manufacturer
self-testing in 13 CCR 1971.5(c) also do not apply.
    (7) The deficiency provisions described in paragraph (d) of this
section apply instead of 13 CCR 1971.1(k).
    (8) Include the additional data-stream signals in 13 CCR
1971.1(h)(4.2.3)(E), (F), and (G) as freeze-frame conditions as
required in 13 CCR 1971.1(h)(4.3).
    (9) Design compression-ignition engines to make the following
additional data-stream signals available on demand with a generic scan
tool according to 13 CCR 1971.1(h)(4.2), if the engine is so equipped:
    (i) Engine and vehicle parameters. Status of parking brake, neutral
switch, brake switch, and clutch switch, wastegate control solenoid
output, wastegate position (commanded and actual), speed and output
shaft torque consistent with Sec.  1036.115(d).
    (ii) Diesel oxidation catalyst parameters. Include inlet and outlet
pressure and temperature for the diesel oxidation catalyst.
    (iii) Particulate filter parameters. Include filter soot load and
ash load for all installed particulate filters.
    (iv) EGR parameters. Include differential pressure for exhaust gas
recirculation.
    (v) SCR parameters. Include DEF quality-related signals, DEF
coolant control valve position (commanded and actual), DEF tank
temperature, DEF system pressure, DEF pump commanded percentage, DEF
doser control status, DEF line heater control outputs, aftertreatment
dosing quantity commanded and actual.
    (vi) Derating parameters. Include any additional parameters used to
apply inducements under Sec.  1036.111 or any other SCR-related or DPF-
related engine derates under Sec.  1036.125.
    (10) Design spark-ignition engines to make the following additional
parameters available for reading with a generic scan tool, if
applicable:
    (i) Air-fuel enrichment parameters. Percent of time in enrichment,
both for each trip (key-on to key-off) and as a cumulative lifetime
value. Track values separately for enrichment based on throttle, engine
protection, and catalyst protection. Include all time after engine
warm-up when the engine is not operating at the air-fuel ratio designed
for peak three-way catalyst efficiency. Peak efficiency typically
involves closed-loop feedback control.
    (ii) [Reserved]
    (11) If you have an approved Executive order from the California
Air Resources Board for a given engine family, we may rely on that
Executive order to evaluate whether you meet federal OBD requirements
for that same engine family or an equivalent engine family. Engine
families are equivalent if they are identical in all aspects material
to emission characteristics; for example, we would consider different
inducement strategies and different warranties not to be material to
emission characteristics relevant to these OBD testing requirements.
EPA would count two equivalent engine families as one for the purposes
of determining OBD demonstration testing requirements. Send us the
following information:
    (i) You must submit additional information as needed to demonstrate
that you meet the requirements of this section that are not covered by
the California Executive order.
    (ii) Send us results from any testing you performed for certifying
engine families (including equivalent engine families) with the
California Air Resources Board, including the results of any testing
performed under 13 CCR 1971.1(l) for verification of in-use compliance
and 13 CCR 1971.5(c) for manufacturer self-testing within the deadlines
set out in 13 CCR 1971.1.
    (iii) We may require that you send us additional information if we
need it to evaluate whether you meet the requirements of this paragraph
(b)(11). This may involve sending us copies of documents you send to
the California Air Resources Board.
    (12) You may ask us to approve conditions for which the diagnostic
system may disregard trouble codes, as described in 13 CCR
1971.1(g)(5.3)-(5.6).

    (13) References to the California ARB Executive Officer are deemed
to be the EPA Administrator.
    (c) Design the diagnostic system to display the following
information in the cab:
    (1) For inducements specified in Sec.  1036.111 and any other AECD
that derates engine output related to SCR or DPF systems, indicate the
fault code for the detected problem, a description of the fault code,
and the current speed restriction. For inducement faults under Sec.
1036.111, identify whether the fault condition is for DEF quantity, DEF
quality, or tampering; for other faults, identify whether the fault
condition is related to SCR or DPF systems. If there are additional
derate stages, also indicate the next speed restriction and the time
remaining until starting the next restriction. If the derate involves
something other than restricting vehicle speed, such as a torque
derate, adjust the information to correctly identify any current and
pending restrictions.
    (2) Identify on demand the total number of diesel particulate
filter regeneration events that have taken place since installing the
current particulate filter.
    (3) Identify on demand the historical and current rate of DEF
consumption, such as gallons of DEF consumed per mile or gallons of DEF
consumed per gallon of diesel fuel consumed. Design the system to allow
the operator to reset the current rate of DEF consumption.
    (d) You may ask us to accept as compliant an engine that does not
fully meet specific requirements under this section. The following
provisions apply regarding OBD system deficiencies:
    (1) We will not approve a deficiency for gasoline-fueled or diesel-
fueled engines if it involves the complete lack of a major diagnostic
monitor, such as monitors related to exhaust aftertreatment devices,
oxygen sensors, air-fuel ratio sensors, NOX sensors, engine
misfire, evaporative leaks, and diesel EGR (if applicable). We may
approve such deficiencies for engines using other fuels if you
demonstrate that the alternative fuel causes these monitors to be
unreliable.
    (2) We will approve a deficiency only if you show us that full
compliance is infeasible or unreasonable considering any relevant
factors, such as the technical feasibility of a given monitor, or the
lead time and production cycles of vehicle designs and programmed
computing upgrades.
    (3) Our approval for a given deficiency applies only for a single
model year, though you may continue to ask us to extend a deficiency
approval in renewable one-year increments. We may approve an extension
if you demonstrate an acceptable level of progress toward compliance
and you show that the necessary hardware or software modifications
would pose an unreasonable burden. We will approve a deficiency for
more than three years only if you further demonstrate that you need the
additional lead time to make substantial changes to engine hardware.
    (4) We will not approve deficiencies retroactively.

Sec.  1036.111  Inducements related to SCR.

    Engines using SCR to control emissions depend on a constant supply
of diesel exhaust fluid (DEF). This section describes how manufacturers
must design their engines to derate power output to induce operators to
take appropriate actions to ensure the SCR system is working properly.
The requirements of this section apply equally for engines installed in
heavy-duty vehicles at or below 14,000 lbs GVWR. The requirements of
this section apply starting in model year 2027, though you may comply
with the requirements of this section in earlier model years.
    (a) General provisions. The following terms and general provisions
apply under this section:
    (1) As described in Sec.  1036.110, this section relies on terms
and requirements specified for OBD systems by California ARB in 13 CCR
1968.2 and 1971.1 (incorporated by reference in Sec.  1036.810).
    (2) The provisions of this section apply differently based on an
individual vehicle's speed history. A vehicle's speed category is based
on the OBD system's recorded value for average speed for the preceding
30 hours of non-idle engine operation. The vehicle speed category
applies at the point that the engine first detects a fault condition
identified under paragraph (b) of this section and continues to apply
until the fault condition is fully resolved as specified in paragraph
(e) of this section. Non-idle engine operation includes all operating
conditions except those that qualify as idle based on OBD system
controls as specified in 13 CCR 1971.1(h)(5.4.10). Apply speed derates
based on the following categories:

   Table 1 to Paragraph (a)(2) of Sec.   1036.111--Vehicle Categories
------------------------------------------------------------------------
             Vehicle category                   Average speed (mi/hr)
------------------------------------------------------------------------
Low-speed.................................  speed <15.
Medium-speed..............................  15 <=speed <25.
High-speed................................  speed >=25.
------------------------------------------------------------------------

    (3) Where engines derate power output as specified in this section,
the derate must decrease vehicle speed by 1 mi/hr for every five
minutes of engine operation until reaching the specified derate speed.
This requirement applies at the onset of an inducement, at any
transition to a different step of inducement, and for any derate that
recurs under paragraph (e)(3) of this section.
    (b) Fault conditions. Create derate strategies that monitor for and
trigger an inducement based on the following conditions:
    (1) DEF supply falling to a level corresponding to three hours of
engine operation, based on available information on DEF consumption
rates.
    (2) DEF quality failing to meet your concentration specifications.
    (3) Any signal indicating that a catalyst is missing.
    (4) Open circuit faults related to the following: DEF tank level
sensor, DEF pump, DEF quality sensor, SCR wiring harness,
NOX sensors, DEF dosing valve, DEF tank heater, DEF tank
temperature sensor, and aftertreatment control module.
    (c) [Reserved]
    (d) Derate schedule. Engines must follow the derate schedule
described in this paragraph (d) if the engine detects a fault condition
identified in paragraph (b) of this section. The derate takes the form
of a maximum drive speed for the vehicle. This maximum drive speed
decreases over time based on hours of non-idle engine operation without
regard to engine starting.
    (1) Apply speed-limiting derates according to the following
schedule:

               Table 2 to Paragraph (d)(1) of Sec.   1036.111--Derate Schedule for Detected Faults
----------------------------------------------------------------------------------------------------------------
         High-speed vehicles                   Low-speed vehicles                    Low-speed vehicles
----------------------------------------------------------------------------------------------------------------
Hours of non-idle  Maximum speed (mi/ Hours of non-idle  Maximum speed (mi/ Hours of non-idle  Maximum speed (mi/
 engine operation         hr)          engine operation         hr)          engine operation         hr)
----------------------------------------------------------------------------------------------------------------
             0                 65                  0                 55                  0                 45
             6                 60                  6                 50                  5                 40
            12                 55                 12                 45                 10                 35
            20                 50                 45                 40                 30                 25
            86                 45                 70                 35     .................  .................
           119                 40                 90                 25     .................  .................
           144                 35     .................  .................  .................  .................
           164                 25     .................  .................  .................  .................
----------------------------------------------------------------------------------------------------------------
\a\ Hours start counting when the engine detects a fault condition specified in paragraph (b) of this section.
  For DEF supply, you may program the engine to reset the timer to three hours when the engine detects an empty
  DEF tank.

    (2) You may design and produce engines that will be installed in
motorcoaches with an alternative derate schedule that starts with a 65
mi/hr derate when a fault condition is first detected, steps down to 50
mi/hr after 80 hours, and concludes with a final derate speed of 25 mi/
hr after 180 hours of non-idle operation.
    (e) Deactivating derates. Program the engine to deactivate derates
as follows:
    (1) Evaluate whether the detected fault condition continues to
apply. Deactivate derates if the engine confirms that the detected
fault condition is resolved.
    (2) Allow a generic scan tool to deactivate inducement-related
fault codes while the vehicle is not in motion.
    (3) Treat any detected fault condition that recurs within 40 hours
of engine operation as the same detected fault condition, which would
restart the derate at the same point in the derate schedule that the
system last deactivated the derate.

Sec.  1036.115  Other requirements.

    Engines that are required to meet the emission standards of this
part must meet the following requirements, except as noted elsewhere in
this part:
    (a) Crankcase emissions. Engines may not discharge crankcase
emissions into the ambient atmosphere throughout the useful life, other
than those that are routed to the exhaust upstream of exhaust
aftertreatment during all operation, except as follow:
    (1) Engines equipped with turbochargers, pumps, blowers, or
superchargers for air induction may discharge crankcase emissions to
the ambient atmosphere if the emissions are added to the exhaust
emissions (either physically or mathematically) during all emission
testing.
    (2) If you take advantage of this exception, you must manufacture
the engines so that all crankcase emissions can be routed into the
applicable sampling systems specified in 40 CFR part 1065. You must
also account for deterioration in crankcase emissions when determining
exhaust deterioration factors as described in Sec.  1036.240(c)(5).
    (b) Fuel mapping. You must perform fuel mapping for your engine as
described in Sec.  1036.505(b).
    (c) Evaporative and refueling emissions. You must design and
produce your engines to comply with evaporative and refueling emission
standards as follows:
    (1) For complete heavy-duty vehicles you produce, you must certify
the vehicles to emission standards as specified in 40 CFR 1037.103.
    (2) For incomplete heavy-duty vehicles, and for engines used in
vehicles you do not produce, you do not need to certify your engines to
evaporative and refueling emission standards or otherwise meet those
standards. However, vehicle manufacturers certifying their vehicles
with your engines may depend on you to produce your engines according
to their specifications. Also, your engines must meet applicable
exhaust emission standards in the installed configuration.
    (d) Torque broadcasting. Electronically controlled engines must
broadcast their speed and output shaft torque (in newton-meters).
Engines may alternatively broadcast a surrogate value for determining
torque. Engines must broadcast engine parameters such that they can be
read with a remote device or broadcast them directly to their
controller area networks.
    (e) EPA access to broadcast information. If we request it, you must
provide us any hardware, tools, and information we would need to
readily read, interpret, and record all information broadcast by an
engine's on-board computers and electronic control modules. If you
broadcast a surrogate parameter for torque values, you must provide us
what we need to convert these into torque units. We will not ask for
hardware or tools if they are readily available commercially.
    (f) Adjustable parameters. Engines that have adjustable parameters
must meet all the requirements of this part for any adjustment in the
practically adjustable range.
    (1) We may require that you set adjustable parameters to any
specification within the practically adjustable range during any
testing, including certification testing, selective enforcement
auditing, or in-use testing.
    (2) General provisions apply for adjustable parameters as specified
in 40 CFR 1068.50.
    (3) DEF supply and DEF quality are adjustable parameters. The
physically adjustable range includes any amount of DEF for which the
engine's diagnostic system does not trigger inducement provisions under
Sec.  1036.111.
    (g) Prohibited controls. (1) General provisions. You may not design
your engines 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, this would
apply if the engine emits 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 (g)(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.
    (h) Defeat devices. You may not equip your engines with a defeat
device. A defeat device is an auxiliary emission control device (AECD)
that reduces the effectiveness of emission controls under conditions
that may reasonably be expected in normal operation and use. However,
an AECD is not a defeat device if you identify it in your application
for certification and any of the following is true:
    (1) The conditions of concern were substantially included in the
applicable procedure for duty-cycle testing as described in subpart F
of this part.
    (2) You show your design is necessary to prevent engine (or
vehicle) damage or accidents. Preventing engine damage includes
preventing damage to aftertreatment or other emission-related
components.
    (3) The reduced effectiveness applies only to starting the engine.
    (4) The AECD applies only for engines that will be installed in
emergency vehicles, and the need is justified in terms of preventing
the engine from losing speed, torque, or power due abnormal conditions
of the emission control system, or in terms of preventing such abnormal
conditions from occurring, during operation related to emergency
response. Examples of such abnormal conditions may include excessive
exhaust backpressure from an overloaded particulate trap, and running
out of diesel exhaust fluid for engines that rely on urea-based
selective catalytic reduction.
    (i) DEF tanks. Diesel exhaust fluid tanks must be sized to require
refilling no more frequently than the vehicle operator will need to
refill the fuel tank, even for worst-case assumptions related to fuel
efficiency and refueling volumes.
    (j) Special provisions for spark-ignition engines. The following