qualification must be conducted in the form of ``between methods
reproducibility'' (Rcm) of the candidate method and applicable
designated test method as recommended in ASTM D6708, where the Rcm must
be equal to or less than 70 percent of the published reproducibility of
the applicable designated test method using good laboratory practices.
* * * * *
    (n) * * *
    (1)(i) Accuracy SQC. Every facility shall conduct tests on every
instrument with a commercially available gravimetric reference
material, or check standard as defined in ASTM D6299 at least three
times a year using good laboratory practices. The facility must pre-
treat and assess results from the check standard testing after at least
15 testing occasions as described in section 8.2 of this standard
practice. The facility must construct ``MR'' and ``I'' charts with
control lines as described in section 8.4 and appropriate Annex
sections of this standard practice. In circumstances where the absolute
difference between the mean of multiple back-to-back tests of the
standard reference material and the accepted reference value of the
standard reference material is greater than 0.75 times the published
reproducibility of the test method, the cause of such difference must
be investigated by the facility. Records of the standard reference
materials measurements as well as any investigations into any
exceedance of these criteria must be kept for a period of five years.
    (ii) The expanded uncertainty of the accepted reference value of
consensus named fuels shall have the following accuracy qualification
criterion: Accuracy qualification criterion = square root
[(0.75R)[supcaret]2+(0.75R)[supcaret]2/L], where L = the number of
single results obtained from different labs used to calculate the
consensus ARV.
    (2)(i) Precision SQC. Every facility shall conduct tests on every
instrument with a quality control material as defined in paragraph
3.2.8 in ASTM D6299 either once per week or once per every 20
production tests, whichever is more frequent. The facility must
construct and maintain an ``I'' chart as described in section 8 and
section A1.5.1 and a ``MR'' chart as described in section A1.5.4. Any
violations of control limit(s) should be investigated by personnel of
the facility and records kept for a period of five years.
    (ii) Validation of New QC Material. When a test facility is making
a transition from one batch of QC material to the next batch of QC
material, the facility will either construct an ``I'' chart as
described in section 8.7 and section A1.5.1 of ASTM D6299, or follow
the ``Q-Procedure'' in Annex 1.9 of ASTM D6299. In following the Q-
Procedure, if the plot of results from the ``old'' and ``new'' QC
materials on its respective chart shows no special-cause signals, then
the result of the ``new'' QC material will be considered valid.
* * * * *
    (iv) [Reserved]
* * * * *
    (o) * * *
    (1)(i) Accuracy SQC. Every facility shall conduct tests of every
instrument with a commercially available check standard as defined in
ASTM D6299 at least three times a year using good laboratory practices.
The check standard must be an ordinary fuel with levels of the fuel
parameter of interest close to either the applicable regulatory
standard or the average level of use for the facility. For facilities
using a VCSB designated method defined test method, the Accepted
Reference Value of the check standard must be determined by the
respective designated test method for the fuel parameter following the
guidelines of ASTM D6299. Facilities using a VCSB alternative method
defined test method must use the Accepted Reference Value of the check
standard as determined in a VCSB Inter Laboratory Crosscheck Program
(ILCP) or a commercially available ILCP following the guidelines of
ASTM D6299. If the Accepted Reference Value is not provided in the
ILCP, accuracy must be assessed based upon the respective EPA-
designated test method using appropriate production samples. The
facility must pre-treat and assess results from the check standard
testing after at least 15 testing occasions as described in section 8.2
of this standard practice. The facility must construct ``MR'' and ``I''
charts with control lines as described in section 8.4 and appropriate
Annex sections of this standard practice. In circumstances where the
absolute difference between the mean of multiple back-to-back tests of
the standard reference material and the accepted reference value of the
standard reference material is greater than 0.75 times the published
reproducibility of the test method, the cause of such difference must
be investigated by the facility. Participation in a VCSB ILCP at least
three times a year satisfies this Accuracy SQC requirement (Examples of
ILCP: ASTM Reformulated Gasoline ILCP or ASTM motor gasoline ILCP).
Records of the standard reference materials measurements as well as any
investigations into any exceedance of these criteria must be kept for a
period of five years.
    (ii) The expanded uncertainty of the accepted reference value of
consensus

named fuels shall have the following accuracy qualification criterion:
Accuracy qualification criterion = square root
[(0.75R)[supcaret]2+(0.75R)[supcaret]2/L], where L = the number of
single results obtained from different labs used to calculate the
consensus ARV.
    (2)(i) Precision SQC. Every facility shall conduct tests of every
instrument with a quality control material as defined in paragraph
3.2.8 in ASTM D6299 either once per week or once per every 20
production tests, whichever is more frequent. The facility must
construct and maintain an ``I'' chart as described in section 8 and
section A1.5.1 and a ``MR'' chart as described in section A1.5.4. Any
violations of control limit(s) should be investigated by personnel of
the facility and records kept for a period of five years.
    (ii) Validation of New QC Material. When a test facility is making
a transition from one batch of QC material to the next batch of QC
material, the facility will either construct an ``I'' chart as
described in section 8.7 and section A1.5.1 of ASTM D6299, or follow
the ``Q-Procedure'' in Annex 1.9 of ASTM D6299. In following the Q-
Procedure if the plot of results from the ``old'' and ``new'' QC
materials on its respective chart shows no special-cause signals, then
the result of the ``new'' QC material will be considered valid.
* * * * *
    (iv) [Reserved]
* * * * *
    (p) * * *
    (1)(i) Accuracy SQC for Non-VCSB Method-Defined test methods with
minimal matrix effects. Every facility shall conduct tests on every
instrument with a commercially available check standard as defined in
the ASTM D6299 at least three times a year using good laboratory
practices. The check standard must be an ordinary fuel with levels of
the fuel parameter of interest close to either the applicable
regulatory standard or the average level of use for the facility.
Facilities using a Non-VCSB alternative method defined test method must
use the Accepted Reference Value of the check standard as determined in
either a VCSB Inter Laboratory Crosscheck Program (ILCP) or a
commercially available ILCP following the guidelines of ASTM D6299. If
the Accepted Reference Value is not provided in the ILCP, accuracy must
be assessed based upon the respective EPA designated test method using
appropriate production samples. The facility must pre-treat and assess
results from the check standard testing after at least 15 testing
occasions as described in section 8.2 of this standard practice. The
facility must construct ``MR'' and ``I'' charts with control lines as
described in section 8.4 and appropriate Annex sections of this
standard practice. In circumstances where the absolute difference
between the mean of multiple back-to-back tests of the standard
reference material and the accepted reference value of the standard
reference material is greater than 0.75 times the published
reproducibility of the fuel parameter's respective designated test
method, the cause of such difference must be investigated by the
facility. Records of the standard reference materials measurements as
well as any investigations into any exceedance of these criteria must
be kept for a period of five years.
    (ii) The expanded uncertainty of the accepted reference value of
consensus named fuels shall have the following accuracy qualification
criterion: Accuracy qualification criterion = square root
[(0.75R)[supcaret]2+(0.75R)[supcaret]2/L], where L = the number of
single results obtained from different labs used to calculate the
consensus ARV.
* * * * *
    (3)(i) Precision SQC. Every facility shall conduct tests on every
instrument with a quality control material as defined in paragraph
3.2.8 in ASTM D6299 either once per week or once per every 20
production tests, whichever is more frequent. The facility must
construct and maintain an ``I'' chart as described in section 8 and
section A1.5.1 and a ``MR'' chart as described in section A1.5.4. Any
violations of control limit(s) should be investigated by personnel of
the facility and records kept for a period of five years.
    (ii) Validation of New QC Material. When a test facility is making
a transition from one batch of QC material to the next batch of QC
material, the facility will either construct an ``I'' chart as
described in section 8.7 and section A1.5.1 of ASTM D6299, or follow
the ``Q-Procedure'' in Annex 1.9 of ASTM D6299. In following the Q-
Procedure, if the plot of results from the ``old'' and ``new'' QC
materials on its respective chart shows no special-cause signals, then
the result of the ``new'' QC material will be considered valid.
* * * * *
    (iv) [Reserved]
* * * * *
    (r) * * *
    (1) ASTM International material. The following standards are
available from ASTM International, 100 Barr Harbor Dr., P.O. Box C700,
West Conshohocken, PA 19428-2959, (877) 909-ASTM, or http://www.astm.org:
    (i) ASTM D86-07, Standard Test Method for Distillation of Petroleum
Products at Atmospheric Pressure, approved January 15, 2007 (``ASTM
D86'').
    (ii) ASTM D1319-13, Standard Test Method for Hydrocarbon Types in
Liquid Petroleum Products by Fluorescent Indicator Adsorption, approved
May 1, 2013 (``ASTM D1319'').
    (iii) ASTM D3606-10, Standard Test Method for Determination of
Benzene and Toluene in Finished Motor and Aviation Gasoline by Gas
Chromatography, approved October 1, 2010 (``ASTM D3606'').
    (iv) ASTM D5191-13, Standard Test Method for Vapor Pressure of
Petroleum Products (Mini Method), approved December 1, 2013 (``ASTM
D5191'').
    (v) ASTM D5599-00 (Reapproved 2010), Standard Test Method for
Determination of Oxygenates in Gasoline by Gas Chromatography and
Oxygen Selective Flame Ionization Detection, approved October 1, 2010
(``ASTM D5599'').
    (vi) ASTM D6299-13, Standard Practice for Applying Statistical
Quality Assurance and Control Charting Techniques to Evaluate
Analytical Measurement System Performance, approved October 1, 2013
(``ASTM D6299'').
    (vii) ASTM D6667-10, Standard Test Method for Determination of
Total Volatile Sulfur in Gaseous Hydrocarbons and Liquefied Petroleum
Gases by Ultraviolet Fluorescence, approved October 1, 2010 (``ASTM
D6667'').
    (viii) ASTM D6708-13, Standard Practice for Statistical Assessment
and Improvement of Expected Agreement Between Two Test Methods that
Purport to Measure the Same Property of a Material, approved May 1,
2013 (``ASTM D6708'').
    (ix) ASTM D6792-13, Standard Practice for Quality System in
Petroleum Products and Lubricants Testing Laboratories, approved May
15, 2013 (``ASTM D6792'').
    (x) ASTM D7039-13, Standard Test Method for Sulfur in Gasoline,
Diesel Fuel, Jet Fuel, Kerosine, Biodiesel, Biodiesel Blends, and
Gasoline-Ethanol Blends by Monochromatic Wavelength Dispersive X-ray
Fluorescence Spectrometry, approved September 15, 2013, (``ASTM
D7039'').
* * * * *

0
10. Section 80.75 is amended by revising paragraph (a)(2)(xi)(G) to
read as follows:

Sec.  80.75  Reporting requirements.

* * * * *
    (a) * * *
    (2) * * *
    (xi) * * *
    (G) The properties of the pentane batch specified by the pentane
supplier, or the properties specified in Sec.  80.86(a)(3) or (a)(4),
as appropriate along with the test method used to measure these
properties.
* * * * *

0
11. Section 80.82 is amended by revising paragraph (e)(1) to read as
follows:

Sec.  80.82  Butane blending.

* * * * *
    (e)(1) When butane is blended with conventional gasoline under this
section during the period May 1 through September 15, the refiner shall
demonstrate through sampling and testing, using the test method for
Reid vapor pressure in Sec.  80.46 or Sec.  80.47, as applicable, that
each batch of conventional gasoline blended with butane meets the
volatility standards specified in Sec.  80.27 and in any EPA approved
SIP.
* * * * *

0
12. Section 80.85 is amended by revising paragraphs (a) introductory
text, (b) introductory text, (g), and (i) to read as follows:

Sec.  80.85  Pentane blending.

* * * * *
    (a) Any refiner that blends pentane for which the refiner has
product transfer documents from a registered pentane supplier which
demonstrate that the pentane is blender-commercial grade, as defined in
Sec.  80.86(a)(3), may demonstrate compliance with the standards in
this part based on the properties specified in Sec.  80.86(a)(3), or
the properties specified by the pentane supplier, provided that the
refiner does all the following:
* * * * *
    (b) Any refiner that blends pentane for which the refiner has
product transfer documents from a registered pentane supplier which
demonstrate that the pentane is blender-non-commercial grade, as
defined in Sec.  80.86(a)(4), may demonstrate compliance with the
standards in this part based on the properties specified in Sec.
80.86(a)(4), or the properties specified by the pentane supplier,
provided that the refiner does all the following:
* * * * *
    (g) All pentane blended into gasoline during the annual averaging
period must be included in annual average compliance calculations by a
refiner for each of its refineries.
* * * * *
    (i) If a refiner does not fully implement the requirements of this
section, it may not rely on test results from the pentane producer, and
may only blend pentane with gasoline if it fully complies with all
applicable requirements of this part 80, including the sampling and
testing requirements applicable to refiners who produce gasoline by
adding blendstocks to PCG.

0
13. Section 80.86 is amended by revising paragraphs (b)(2)(iv),
(b)(3)(iii), and (c) to read as follows:

Sec.  80.86  Requirements for producers and importers of pentane used
by pentane blenders.

* * * * *
    (b) * * *
    (2) * * *
    (iv) A description of the production facility which demonstrates
that the facility is capable of producing pentane that is compliant
with the requirements of this section without significant modifications
to the existing facility.
* * * * *
    (3) * * *
    (iii) A description of the importer's operating facility which
demonstrates that the importer is capable of providing pentane that is
compliant with the requirements of this section without significant
modifications to the existing facility.
* * * * *
    (c) PTDs. The producer or importer of pentane for use by pentane
blenders must initiate a PTD for each batch that it ships from its
facility which contains the information specified in paragraphs (c)(1)
and (c)(2) of this section and the statement in paragraph (c)(3) or
(c)(4) of this section, as applicable.
    (1) The pentane producer or importer company name and facility
registration number issued by EPA pursuant to paragraph (b) of this
section.
    (2) The name and address of the transferor and transferee.
    (3) ``Blender commercial grade pentane for use by pentane
blenders''.
    (4) ``Blender non-commercial grade pentane for use by pentane
blenders''.
    (5) PTDs that are compliant with the requirements in paragraph (c)
of this section must be transferred from each party transferring
pentane for use by pentane blenders to each party that receives pentane
for use by pentane blenders through to the pentane blender.
    (6) Alternative PTD language to that specified in paragraphs (c)(3)
and (c)(4) of this section may be used as approved by EPA.
* * * * *

Subpart H--Gasoline Sulfur

0
14. Section 80.315 is amended by revising paragraph (b)(1)(iii) to read
as follows:

Sec.  80.315  How are credits used and what are the limitations on
credit use?

* * * * *
    (b) * * *
    (1) * * *
    (iii) Any credit transfer takes place no later than March 31
following the calendar year averaging period when the credits are used.
* * * * *

0
15. Section 80.330 is amended by:
0
a. Revising paragraphs (b)(1)(i), (b)(1)(ii), and (b)(2);
0
b. Revising paragraph (c)(1);
0
c. Revising paragraph (d)(2); and
0
d. Revising paragraph (e).
    The revisions read as follows:

Sec.  80.330  What are the sampling and testing requirements for
refiners and importers?

* * * * *
    (b) * * *
    (1) * * *
    (i) ASTM D4057.
    (ii) Samples collected under the applicable procedures in ASTM
D5842 may be used for measuring sulfur content if there is no
contamination present that could affect the sulfur test result.
    (2) Automatic sampling of petroleum products in pipelines shall be
performed according to the applicable procedures specified in ASTM
D4177.
    (c) * * *
    (1) For purposes of paragraph (a) of this section, refiners and
importers shall use the method provided in Sec.  80.46(a)(1) or one of
the alternative test methods listed in Sec.  80.46(a)(3) to measure the
sulfur content of gasoline they produce or import through December 31,
2015. Beginning January 1, 2016, for purposes of paragraph (a) of this
section, refiners and importers shall use an approved method in Sec.
80.47.
* * * * *
    (d) * * *
    (2) Except as provided in paragraph (d)(1) of this section, any
ASTM sulfur test method for gaseous fuels may be used for quality
assurance testing under Sec. Sec.  80.340(b)(4) and 80.400, if the
protocols of the ASTM method are followed and the alternative test
method is correlated to the method provided in Sec.  80.46(a)(2)
through December 31, 2015, or in Sec.  80.47 beginning January 1, 2016.

    (e) Materials incorporated by reference. The published materials
identified in this section are incorporated by reference into this
section 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, a document must be published in the
Federal Register and the material must be available to the public. All
approved materials are available for inspection at the Air and
Radiation Docket and Information Center (Air Docket) in the EPA Docket
Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave.
NW., Washington, DC. The EPA/DC Public Reading Room hours of operation
are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number of the EPA/DC Public Reading Room is
(202) 566-1744, and the telephone number for the Air Docket is (202)
566-1742. These approved materials are also available for inspection at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call (202)
741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. In addition, these
materials are available from the sources listed below.
    (1) ASTM International material. The following standards are
available from ASTM International, 100 Barr Harbor Dr., P.O. Box C700,
West Conshohocken, PA 19428-2959, (877) 909-ASTM, or http://www.astm.org:
    (i) ASTM D4057-12, Standard Practice for Manual Sampling of
Petroleum and Petroleum Products, approved December 1, 2012 (``ASTM
D4057'').
    (ii) ASTM D4177-95 (Reapproved 2010), Standard Practice for
Automatic Sampling of Petroleum and Petroleum Products, approved May 1,
2010 (``ASTM D4177'').
    (iii) ASTM D5842-14, Standard Practice for Sampling and Handling of
Fuels for Volatility Measurement, approved January 15, 2014 (``ASTM
D5842'').
    (2) [Reserved]

Subpart I-- Motor Vehicle Diesel Fuel; Nonroad, Locomotive, and
Marine Diesel Fuel; and ECA Marine Fuel

0
16. Section 80.510 is amended by revising the section heading and
paragraph (k) to read as follows:

Sec.  80.510  What are the standards and marker requirements for
refiners and importers for NRLM diesel fuel and ECA marine fuel?

* * * * *
    (k) Beginning June 1, 2014, all ECA marine fuel is subject to a
maximum per-gallon sulfur content of 1,000 ppm. Note that ECA marine
fuel does not include fuel used in exempted steamships (or other
exempted or excluded vessels) or fuel that exceeds the fuel sulfur
limits while operating in an ECA or an ECA associated area as allowed
by the U.S. government consistent with MARPOL Annex VI Regulation 3 or
Regulation 4 (see Sec.  80.2(ttt)).

0
17. Section 80.511 is amended by revising paragraph (b)(9) to read as
follows:

Sec.  80.511  What are the per-gallon and marker requirements that
apply to NRLM diesel fuel, ECA marine fuel, and heating oil downstream
of the refiner or importer?

* * * * *
    (b) * * *
    (9) The per-gallon sulfur standard of Sec.  80.510(k) shall apply
to all ECA marine fuel beginning August 1, 2014, for all downstream
locations other than retail outlets or wholesale purchaser-consumer
facilities, shall apply to all ECA marine fuel beginning October 1,
2014, for retail outlets and wholesale purchaser-consumer facilities,
and shall apply to all ECA marine fuel beginning December 1, 2014, for
all locations. Note that ECA marine fuel does not include fuel used in
exempted steamships (or other exempted or excluded vessels) or fuel
that exceeds the fuel sulfur limits while operating in an ECA or an ECA
associated area as allowed by the U.S. government consistent with
MARPOL Annex VI Regulation 3 or Regulation 4 (see Sec.  80.2(ttt)).
* * * * *

0
18. Section 80.574 is amended by revising paragraph (b) to read as
follows:

Sec.  80.574  What labeling requirements apply to retailers and
wholesale purchaser-consumers of ECA marine fuel beginning June 1,
2014?

* * * * *
    (b) Alternative labels to those specified in paragraph (a) of this
section may be used as approved by EPA. Send requests to--
    (1) For U.S. Mail: U.S. EPA, Attn: ECA Marine Fuel Alternative
Label Request, 6406J, 1200 Pennsylvania Avenue NW, Washington, DC
20460.
    (2) [Reserved]

0
19. Section 80.584 is amended by revising paragraph (a) to read as
follows:

Sec.  80.584  What are the precision and accuracy criteria for approval
of test methods for determining the sulfur content of motor vehicle
diesel fuel, NRLM diesel fuel, and ECA marine fuel?

    (a) Precision. (1) For motor vehicle diesel fuel and diesel fuel
additives subject to the 15 ppm sulfur standard of Sec.  80.520(a)(1)
and NRLM diesel fuel and diesel fuel additives subject to the 15 ppm
sulfur standard of Sec.  80.510(b) and (c), a standard deviation less
than 0.72 ppm, computed from the results of a minimum of 20 tests made
over 20 days (tests may be arranged into no fewer than five batches of
four or fewer tests each, with only one such batch allowed per day over
the minimum of 20 days) on samples taken from a single homogeneous
commercially available diesel fuel with a sulfur content in the range
of 5-15 ppm. The 20 results must be a series of tests with a sequential
record of the analyses and no omissions. A laboratory facility may
exclude a given sample or test result only if the exclusion is for a
valid reason under good laboratory practices and it maintains records
regarding the sample and test results and the reason for excluding
them.
    (2) For motor vehicle diesel fuel subject to the 500 ppm sulfur
standard of Sec.  80.520(c), and for NRLM diesel fuel subject to the
500 ppm sulfur standard of Sec.  80.510(a), of a standard deviation
less than 9.68 ppm, computed from the results of a minimum of 20 tests
made over 20 days (tests may be arranged into no fewer than five
batches of four or fewer tests each, with only one such batch allowed
per day over the minimum of 20 days) on samples taken from a single
homogeneous commercially available diesel fuel with a sulfur content in
the range of 200-500 ppm. The 20 results must be a series of tests with
a sequential record of the analyses and no omissions. A laboratory
facility may exclude a given sample or test result only if the
exclusion is for a valid reason under good laboratory practices and it
maintains records regarding the sample and test results and the reason
for excluding them.
    (3) For ECA marine fuel subject to the 1,000 ppm sulfur standard of
Sec.  80.510(k), of a standard deviation less than 18.07 ppm, computed
from the results of a minimum of 20 tests made over 20 days (tests may
be arranged into no fewer than five batches of four or fewer tests
each, with only one such batch allowed per day over the minimum of 20
days) on samples taken from a single homogeneous commercially available
diesel fuel with a sulfur content in the range of 700-1,000 ppm. The 20
results must be a

series of tests with a sequential record of the analyses and no
omissions. A laboratory facility may exclude a given sample or test
result only if the exclusion is for a valid reason under good
laboratory practices and it maintains records regarding the sample and
test results and the reason for excluding them.
* * * * *

0
20. Section 80.585 is amended by:
0
a. Revising paragraph (a);
0
b. Revising paragraphs (e)(1), (e)(2), and (e)(4); and
0
c. Adding a new paragraph (f).
    The revisions and addition read as follows:

Sec.  80.585  What is the process for approval of a test method for
determining the sulfur content of diesel or ECA marine fuel?

    (a)(1) Approval of test methods approved by voluntary consensus-
based standards bodies. Through December 31, 2015, for such a method to
be approved, the following information must be submitted to the
Administrator by each test facility for each test method that it wishes
to have approved: Any test method approved by a voluntary consensus-
based standards body, such as ASTM International or the International
Organization for Standardization (ISO), shall be approved as a test
method for determining the sulfur content of diesel fuel if it meets
the applicable accuracy and precision criteria under Sec.  80.584. The
approval of a test method is limited to the single test facility that
performed the testing for accuracy and precision. The individual
facility must submit the accuracy and precision results for each
method, including information on the date and time of each test
measurement used to demonstrate precision, following procedures
established by the Administrator.
    (2) Approval of test methods approved by voluntary consensus-based
standards bodies. Beginning January 1, 2016, any test method approved
by a voluntary consensus-based standards body, such as the ASTM
International or the International Organization for Standardization
(ISO), shall be approved as a test method for determining the sulfur
content of diesel fuel if it meets the applicable accuracy and
precision criteria under Sec.  80.584. These records must be kept by
the facility for a period of five years.
* * * * *
    (e) * * *
    (1) Follow all mandatory provisions of ASTM D6299 and construct
control charts from the mandatory quality control testing prescribed in
paragraph 7.1 of the reference method, following guidelines under A
1.5.1 for individual observation charts and A 1.5.4 for moving range
charts.
    (2) Follow paragraph 7.3.1 of ASTM D6299 to check standards using a
reference material at least monthly or following any major change to
the laboratory equipment or test procedure. Any deviation from the
accepted reference value of a check standard greater than 1.44 ppm (for
diesel fuel subject to the 15 ppm sulfur standard), 19.36 ppm (for
diesel fuel subject to the 500 ppm sulfur standard), or 36.14 ppm (for
ECA marine fuel subject to the 1,000 ppm sulfur standard must be
investigated.
* * * * *
    (4) Upon discovery of any quality control testing violation of
paragraph A <IP_ADDRESS> for individual observation charts or A<IP_ADDRESS> and
A<IP_ADDRESS> for moving range charts of ASTM D6299, or any check standard
deviation greater than 1.44 ppm (for diesel fuel subject to the 15 ppm
sulfur standard), 19.36 ppm (for diesel fuel subject to the 500 ppm
sulfur standard), or 36.14 ppm (for ECA marine fuel subject to the
1,000 ppm sulfur standard), conduct an investigation into the cause of
such violation or deviation and, after restoring method performance to
statistical control, retest retained samples from batches originally
tested since the last satisfactory quality control material or check
standard testing occasion.
    (f) Materials incorporated by reference. The published materials
identified in this section are incorporated by reference into this
section 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, a document must be published in the
Federal Register and the material must be available to the public. All
approved materials are available for inspection at the Air and
Radiation Docket and Information Center (Air Docket) in the EPA Docket
Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave.
NW., Washington, DC. The EPA/DC Public Reading Room hours of operation
are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number of the EPA/DC Public Reading Room is
(202) 566-1744, and the telephone number for the Air Docket is (202)
566-1742. These approved materials are also available for inspection at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call (202)
741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. In addition, these
materials are available from the sources listed below.
    (1) ASTM International material. The following standards are
available from ASTM International, 100 Barr Harbor Dr., P.O. Box C700,
West Conshohocken, PA 19428-2959, (877) 909-ASTM, or http://www.astm.org:
    (i) ASTM D6299-13, Standard Practice for Applying Statistical
Quality Assurance and Control Charting Techniques to Evaluate
Analytical Measurement System Performance, approved October 1, 2013
(``ASTM D6299'').
    (ii) [Reserved]
    (2) [Reserved]

0
21. Section 80.590 is amended by revising paragraphs (a)(7)(vii) and
(b) to read as follows:

Sec.  80.590  What are the product transfer document requirements for
motor vehicle diesel fuel, NRLM diesel fuel, heating oil, ECA marine
fuel, and other distillates?

    (a) * * *
    (7) * * *
    (vii) ECA marine fuel. For ECA marine fuel produced or imported
beginning June 1, 2014, ``1,000 ppm sulfur (maximum) ECA marine fuel.
For use in Category 3 marine vessels only. Not for use in engines not
installed on C3 marine vessels.''
    (b) Any of the following may be substituted for the descriptions in
paragraph (a) of this section, as appropriate:
    (1) ``This is high sulfur diesel fuel for use only in Guam,
American Samoa, or the Northern Mariana Islands.''
    (2) ``This diesel fuel is for export use only.''
    (3) ``This diesel fuel is for research, development, or testing
purposes only.''
    (4) ``This diesel fuel is for use in diesel highway vehicles or
nonroad equipment under an EPA-approved national security exemption
only.''
    (5) ``High sulfur fuel. For use only in ships with an approved
permit as allowed by MARPOL Annex VI, Regulation 3.''
    (6) ``High sulfur fuel. For use only in ships as allowed by MARPOL
Annex VI, Regulation 4.''
    (7) ``High sulfur fuel. For use only in ships as allowed by MARPOL
Annex VI, Regulation 3 or Regulation 4.''
* * * * *

0
22. Section 80.597 is amended by revising paragraph (d)(3) introductory
text to read as follows:

Sec.  80.597  What are the registration requirements?

* * * * *
    (d) * * *
    (3) Except as prescribed in paragraph (d)(6) of this section, each
entity as defined in Sec.  80.502 that intends to deliver or receive
custody of any of the following fuels beginning June 1, 2014, must
register with EPA by December 31, 2012, or prior to commencement of
producing, importing, or distributing any distillate or residual fuel
listed in this paragraph (d)(3):
* * * * *

0
23. Section 80.607 is amended by:
0
a. Revising the section heading;
0
b. Revising paragraph (a);
0
c. Revising paragraphs (c)(3)(iv) and (c)(4)(iv);
0
d. Revising paragraphs (d)(1) and (d)(3); and
0
e. Revising paragraph (f).
    The revisions and addition read as follows:

Sec.  80.607  What are the requirements for obtaining an exemption for
diesel fuel used for research, development or testing purposes?

    (a) Written request for a research and development exemption. Any
person may receive an exemption from the provisions of this subpart for
MVNRLM diesel fuel used for research, development, or testing purposes
by submitting the information listed in paragraph (c) of this section
to: U.S. EPA--Attn: Research and Development Exemption Request, 6406J,
1200 Pennsylvania Avenue NW., Washington, DC 20460.
* * * * *
    (c) * * *
    (3) * * *
    (iv) The quantity of fuel which does not comply with the
requirements of Sec. Sec.  80.520 and 80.521 for motor vehicle diesel
fuel, or Sec.  80.510 for NRLM diesel fuel.
    (4) * * *
    (iv) The manner in which the party will ensure that the research
and development fuel will be segregated from motor vehicle diesel fuel
or NRLM diesel fuel, as applicable, and how fuel pumps will be labeled
to ensure proper use of the research and development fuel.
* * * * *
    (d) Additional requirements. (1) The product transfer documents
associated with research and development diesel fuel must comply with
the product transfer document requirements of Sec.  80.590(b)(3).
* * * * *
    (3) The research and development fuel must be kept segregated from
non-exempt MVNRLM diesel fuel at all points in the distribution system.
* * * * *
    (f) Effects of exemption. Motor vehicle diesel fuel or NRLM diesel
fuel that is subject to a research and development exemption under this
section is exempt from other provisions of this subpart provided that
the fuel is used in a manner that complies with the purpose of the
program under paragraph (c) of this section and the requirements of
this section.
* * * * *

0
24. Section 80.608 is amended by revising paragraph (d) to read as
follows:

Sec.  80.608  What requirements apply to diesel fuel and ECA marine
fuel for use in the Territories?

* * * * *
    (d) Segregated from non-exempt MVNRLM diesel fuel and/or non-exempt
ECA marine fuel at all points in the distribution system from the point
the fuel is designated as exempt fuel only for use in Guam, American
Samoa, or the Commonwealth of the Northern Mariana Islands, while the
exempt fuel is in the United States (including an Emission Control
Area, or an ECA associated area per 40 CFR 1043.20) but outside these
Territories.

Subpart L--Gasoline Benzene

0
25. Section 80.1270 is amended by revising paragraph (b)(2) to read as
follows:

Sec.  80.1270  Who may generate benzene credits under the ABT program?

* * * * *
    (b) * * *
    (2) Oxygenate blenders, butane blenders using the provisions of
Sec.  80.82, pentane blenders using the provisions of Sec.  80.85, and
transmix producers may not generate standard credits.
* * * * *

0
26. Section 80.1295 is amended by revising paragraph (b)(1)(ii) to read
as follows:

Sec.  80.1295  How are gasoline benzene credits used?

* * * * *
    (b) * * *
    (1) * * *
    (ii) Any credit transfer takes place no later than March 31
following the calendar year averaging period when the credits are used.
* * * * *

Subpart M--Renewable Fuel Standard

0
27. Section 80.1426 is amended by revising paragraph (c)(7) to read as
follows:

Sec.  80.1426  How are RINs generated and assigned to batches of
renewable fuel by renewable fuel producers or importers?

* * * * *
    (c) * * *
    (7) For renewable fuel oil that is heating oil as defined in
paragraph (2) of the definition of heating oil in Sec.  80.1401,
renewable fuel producers and importers shall not generate RINs unless
they have received affidavits from the final end user or users of the
fuel oil as specified in Sec.  80.1451(b)(1)(ii)(T)(2).
* * * * *

0
28. Section 80.1453 is amended by revising paragraphs (a) introductory
text and (a)(12) introductory text to read as follows:

Sec.  80.1453  What are the product transfer document (PTD)
requirements for the RFS program?

    (a) On each occasion when any party transfers custody or ownership
of neat and/or blended renewable fuels, except when such fuel is
dispensed into motor vehicles or nonroad vehicles, engines, or
equipment, or separated RINs subject to this subpart, the transferor
must provide to the transferee documents that include all of the
following information, as applicable:
* * * * *
    (12) For the transfer of renewable fuel for which RINs were
generated, an accurate and clear statement on the product transfer
document of the fuel type from Table 1 to Sec.  80.1426, and
designation of the fuel use(s) intended by the transferor, as follows:
* * * * *

0
29. Section 80.1471 is amended by revising paragraph (d)(1) to read as
follows:

Sec.  80.1471  Requirements for QAP auditors.

* * * * *
    (d)(1) In the event that an independent third-party auditor
identifies a RIN that may have been invalidly generated, the
independent third-party auditor shall, within five business days, send
notification of the potentially invalidly generated RIN to the EPA and
the renewable fuel producer that generated the RIN.
* * * * *

Subpart O--Gasoline Sulfur

0
30. Section 80.1609 is amended by revising paragraph (a) to read as
follows:

Sec.  80.1609  Oxygenate blender requirements.

    (a) Oxygenate blenders who blend only oxygenate that complies with
the requirements of paragraph (b) of this section into gasoline
downstream of the refinery that produced the gasoline or the import
facility where the gasoline was imported are not subject to the refiner
or importer requirements of this subpart for such gasoline, but are
subject to the requirements and prohibitions applicable to downstream
parties in this subpart. Such oxygenate blenders are subject to the
requirements of paragraph (b) of this section, the requirements and
prohibitions applicable to downstream parties, the requirements of
Sec.  80.1603(d)(2), and the prohibition specified in Sec.  80.1660(e).
* * * * *

0
31. Section 80.1611 is amended by:
0
a. Revising paragraph (a)(1);
0
b. Revising paragraphs (c) introductory text, (c)(1), and (c)(2); and
0
c. Revising paragraph (d).
0
The revisions read as follows:

Sec.  80.1611  Standards and requirements for certified ethanol
denaturant.

* * * * *
    (a) Standards. (1) The sulfur content must not be greater than 330
ppm as determined in accordance with the test requirements of Sec.
80.1630. If the denaturant manufacturer represents a batch of
denaturant as having a maximum sulfur content lower than 330 ppm in the
PTD (for example, no greater than 120 ppm), then the actual sulfur
content must be no greater than the stated value as determined in
accordance with the requirements of Sec.  80.1644.
* * * * *
    (c) PTDs. In addition to any other product transfer document
requirements under this part 80, on each occasion when any person
transfers custody or title to any certified ethanol denaturant upstream
of a DFE production or import facility, the transferor shall provide to
the transferee product transfer documents which include all the
following information.
    (1) The following statement: ``Certified Ethanol Denaturant
suitable for use in the manufacture of denatured fuel ethanol meeting
EPA standards.''
    (2) The PTD must state the sulfur content is 330 ppm or less, or if
the certified ethanol denaturant manufacturer represents a batch of
denaturant as having a maximum sulfur content lower than 330 ppm the
PTD must state that lower sulfur maximum (e.g., has a sulfur content of
120 ppm or less).
* * * * *
    (d) Batch numbers. Every batch of certified ethanol denaturant
produced or imported at a denaturant production or import facility
shall be assigned a number (the ``batch number''), consisting of the
EPA-assigned ethanol denaturant producer or importer registration
number, the EPA facility registration number, the last two digits of
the year in which the batch was produced, and a unique number for the
batch, beginning with the number one for the first batch produced or
imported each calendar year and each subsequent batch during the
calendar year being assigned the next sequential number (e.g., 4321-
54321-95-000001, 4321-54321-95-000002, etc.).

0
32. Section 80.1613 is amended by revising paragraph (a) introductory
text and adding paragraph (b)(3) to read as follows:

Sec.  80.1613  Standards and other requirements for gasoline additive
manufacturers and blenders.

* * * * *
    (a) Gasoline additive manufacturers, as defined in 40 CFR 79.2(f),
who manufacture additives with a maximum allowed treatment rate of less
than 1.0 volume percent must meet all the following requirements:
* * * * *
    (b) * * *
    (3) The person does not add the additive at a concentration that
contributes more than 3 ppm on a per gallon basis to the sulfur content
of gasoline.

0
33. Section 80.1615 is amended by revising paragraphs (d) introductory
text, (d)(1), and (d)(2) to read as follows:

Sec.  80.1615  Credit generation.

* * * * *
    (d) For approved small refiners and small volume refineries only,
the number of credits generated from January 1, 2017 through December
31, 2019 shall be calculated annually for each applicable averaging
period as follows:
    (1) From January 1, 2017 through December 31, 2019, if a small
refiner or small volume refinery has an annual average sulfur level
(Sa) less than 30.00 ppm but greater than 10.00 ppm, the
refiner may generate credits using the equation specified in paragraph
(b) of this section for use in complying with the annual average
standards of subpart H of this part.
    (2) From January 1, 2017 through December 31, 2019, if a small
refiner or small volume refinery has an annual average sulfur level
(Sa) less than 10.00 ppm, the refiner may generate credits
using the equation specified in paragraph (c) of this section for use
in complying with the annual average standards of Sec.  80.1603(c)(1)
and the following equation for complying with the annual average
standards of subpart H of this part:

CRT2 = Va x (20.00)

Where:

CRT2 = Credits generated for the averaging period for use
in complying with the annual average standards of subpart H of this
part only.
Va = Total annual volume of gasoline produced at a
refinery or imported during the averaging period.

(For example: A small refiner with an annual average sulfur level of 8
ppm in 2018 may generate CRa = 2 ppm-volume credits (10-8)
for compliance with the annual average standards of Sec.  80.1603(c)(1)
plus CRT2 = 20 ppm-volume credits (30-10) for compliance
with the annual average sulfur standards of subpart H of this part.)
* * * * *

0
34. Section 80.1616 is amended by adding and reserving paragraph (a)(4)
and revising paragraph (b)(2) to read as follows:

Sec.  80.1616  Credit use and transfer.

    (a) * * *
    (4) [Reserved]
* * * * *
    (b) * * *
    (2) Credits generated under Sec.  80.1615(b) through (d) are valid
for use for five years after the year in which they are generated,
except that any CRa credits generated in 2015 and 2016 and
any remaining CRT2 credits will expire and become invalid
after December 31, 2019, (with the 2019 annual compliance report, due
March 31, 2020).
* * * * *

0
35. Section 80.1620 is amended by revising paragraphs (d), (e)(1),
(e)(2), and (f)(1) to read as follows:

Sec.  80.1620  Small refiner definition.

* * * * *
    (d) Notwithstanding the provisions of paragraphs (a) and (e)(1) of
this section, a refiner that acquires or reactivates a refinery that
was shut down or non-operational during calendar year 2012, may apply
for small refiner status under this subpart O.
    (e) * * *
    (1) Refiners with refineries built or started up on or after
January 1, 2013.
    (2) Persons who exceed the employee or crude oil capacity criteria
under this section on January 1, 2013, but who meet these criteria
after that date, regardless of whether the reduction in employees or
crude oil capacity is due

to operational changes at the refinery or a company sale or
reorganization.
* * * * *
    (f)(1) A refiner approved as a small refiner under Sec.  80.1622
who subsequently ceases production of gasoline from processing crude
oil through refinery processing units, employs more than 1,500 people,
or exceeds the 155,000 bpcd crude oil capacity limit after January 1,
2013 as a result of merger with or acquisition of or by another entity,
is disqualified as a small refiner, except as provided for under
paragraph (f)(4) of this section. If such disqualification occurs, the
refiner shall notify EPA in writing no later than 20 days following the
disqualifying event.
* * * * *

0
36. Section 80.1621 is amended by adding and reserving paragraph (c)
and adding paragraph (d) to read as follows:

Sec.  80.1621  Small volume refinery definition.

* * * * *
    (c) [Reserved]
    (d)(1) A refinery approved as a small refinery under Sec.  80.1622
that subsequently ceases production of gasoline from processing crude
oil through refinery processing units or exceeds the 75,000 barrel
average aggregate daily crude oil throughput limit is disqualified as a
small refinery. If such disqualification occurs, the refinery shall
notify EPA in writing no later than 20 days following the disqualifying
event.
    (2) Any refinery whose status changes under this paragraph (d)
shall meet the applicable standards of Sec.  80.1603 within a period of
up to 30 months from the disqualifying event.

0
37. Section 80.1640 is amended by revising paragraph (a)(2) to read as
follows:

Sec.  80.1640  Standards and requirements that apply to refiners
producing gasoline by blending blendstocks into previously certified
gasoline (PCG).

    (a) * * *
    (2) To accomplish the exclusion required in paragraph (a)(1) of
this section, the refiner must determine the volume and sulfur content
of the PCG used at the refinery and the volume and sulfur content of
the gasoline produced at the refinery, and use the compliance
calculation procedures in paragraphs (a)(3) and (4) of this section.
* * * * *

0
38. Section 80.1642 is amended by revising paragraphs (c)(1) and (c)(3)
to read as follows:

Sec.  80.1642  Sampling and testing requirements for producers and
importers of denatured fuel ethanol and other oxygenates for use by
oxygenate blenders.

* * * * *
    (c) * * *
    (1) The sulfur content of the batch of DFE shall be calculated by
volume weighting the sulfur contribution from the denaturant, and the
neat ethanol used.
* * * * *
    (3) The sulfur content of the certified denaturant used in the
calculation in paragraph (c)(1) of this section must be consistent with
the PTD obtained from a registered certified ethanol denaturant
producer or importer in accordance with the requirements of Sec.
80.1611. If the PTD from the certified ethanol denaturant states that
the sulfur content is 330 ppm, then the sulfur content of the sulfur
content of the ethanol denaturant must be assumed to be 330 ppm.
* * * * *

0
39. Section 80.1645 is amended by revising the section heading and the
introductory text to read as follows:

Sec.  80.1645  Sample retention requirements for producers and
importers of certified ethanol denaturant.

    Beginning January 1, 2017, or on the first day that any producer or
importer of ethanol denaturant designates a batch of certified ethanol
denaturant, whichever is earlier, the ethanol denaturant producer or
importer shall do all the following:
* * * * *

0
40. Section 80.1650 is amended by revising paragraphs (a)(4), (b), and
(g)(3) to read as follows:

Sec.  80.1650  Registration.

* * * * *
    (a) * * *
    (4) Producer or importer of certified ethanol denaturant subject to
the standards under Sec.  80.1611.
    (b) Registration dates. (1) Any gasoline refiner or importer
required to register shall do so by December 1, 2016, or at least 30
days in advance of the first date that such person will produce or
import reformulated gasoline, conventional gasoline, RBOB, or CBOB. If
a previously unregistered refiner or importer intends to generate
credits prior to January 1, 2017 (pursuant to Sec.  80.1615),
registration must occur at least 90 days prior to submitting an annual
compliance report demonstrating credit generation.
    (2) Any oxygenate producer or importer required to register shall
do so by November 1, 2016, or at least 60 days in advance of the first
date that such person will produce or import oxygenate.
    (3) Any oxygenate blender required to register shall do so by
November 1, 2016, or at least 90 days in advance of the first date that
such person will blend oxygenate into RBOB.
    (4) Any ethanol denaturant producer or importer required to
register shall do so by November 1, 2016, or at least 60 days in
advance of the first date that such person will produce or import
ethanol denaturant.
* * * * *
    (g) * * *
    (3) Any oxygenate blender shall submit updated registration
information to the Administrator within thirty days of any occasion
when the registration information previously supplied becomes
incomplete or inaccurate.
* * * * *

0
41. Section 80.1652 is amended by revising paragraph (c) introductory
text to read as follows:

Sec.  80.1652  Reporting requirements for gasoline refiners, gasoline
importers, oxygenate producers, and oxygenate importers.

* * * * *
    (c) Oxygenate producer and importer annual reports. Any oxygenate
producer, for each of its production facilities, and any importer for
the oxygenate it imports, shall submit a report for each calendar year
period that includes all the following information:
* * * * *

Sec.  80.1667  [Amended]

0
42. Section 80.1667 is amended by removing and reserving paragraph
(c)(1).

PART 85--CONTROL OF AIR POLLUTION FROM MOBILE SOURCES

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

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

Subpart V--[Amended]

Sec.  85.2108  [Removed]

0
44. Remove Sec.  85.2108.

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

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

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

0
46. Section 86.1 is amended by revising paragraph (b) to read as
follows:

Sec.  86.1  Incorporation by reference.

* * * * *

    (b) ASTM International material. The following standards are
available from ASTM International, 100 Barr Harbor Drive, P.O. Box
C700, West Conshohocken, PA, 19428-2959,<PHONE_NUMBER>, or http://www.astm.org/:
    (1) ASTM C1549-09, Standard Test Method for Determination of Solar
Reflectance Near Ambient Temperature Using a Portable Solar
Reflectometer, approved August 1, 2009 (``ASTM C1549''), IBR approved
for Sec.  86.1869-12(b).
    (2) ASTM D86-12, Standard Test Method for Distillation of Petroleum
Products at Atmospheric Pressure, approved December 1, 2012 (``ASTM
D86''), IBR approved for Sec. Sec.  86.113-04(a), 86.113-94(b),
86.213(a), and 86.513(a).
    (3) ASTM D93-13, Standard Test Methods for Flash Point by Pensky-
Martens Closed Cup Tester, approved July 15, 2013 (``ASTM D93''), IBR
approved for Sec.  86.113-94(b).
    (4) ASTM D445-12, Standard Test Method for Kinematic Viscosity of
Transparent and Opaque Liquids (and Calculation of Dynamic Viscosity),
approved April 15, 2012 (``ASTM D445''), IBR approved for Sec.  86.113-
94(b).
    (5) ASTM D613-13, Standard Test Method for Cetane Number of Diesel
Fuel Oil, approved December 1, 2013 (``ASTM D613''), IBR approved for
Sec.  86.113-94(b).
    (6) ASTM D975-13a, Standard Specification for Diesel Fuel Oils,
approved December 1, 2013 (``ASTM D975''), IBR approved for Sec.
86.1910(c).
    (7) ASTM D976-06 (Reapproved 2011), Standard Test Method for
Calculated Cetane Index of Distillate Fuels, approved October 1, 2011
(``ASTM D976''), IBR approved for Sec.  86.113-94(b).
    (8) ASTM D1319-13, Standard Test Method for Hydrocarbon Types in
Liquid Petroleum Products by Fluorescent Indicator Adsorption, approved
May 1, 2013 (``ASTM D1319''), IBR approved for Sec. Sec.  86.113-04(a),
86.213(a), and 86.513(a).
    (9) ASTM D1945-03 (reapproved 2010), Standard Test Method for
Analysis of Natural Gas by Gas Chromatography, approved January 1, 2010
(``ASTM D1945''), IBR approved for Sec. Sec.  86.113-94(e) and
86.513(d).
    (10) ASTM D2163-07, Standard Test Method for Determination of
Hydrocarbons in Liquefied Petroleum (LP) Gases and Propane/Propene
Mixtures by Gas Chromatography, approved December 1, 2007 (``ASTM
D2163''), IBR approved for Sec. Sec.  86.113-94(f).
    (11) ASTM D2622-10, Standard Test Method for Sulfur in Petroleum
Products by Wavelength Dispersive X-ray Fluorescence Spectrometry,
approved February 15, 2010 (``ASTM D2622''), IBR approved for
Sec. Sec.  86.113-04(a), 86.113-94(b), 86.213(a), and 86.513(a).
    (12) ASTM D2699-13b, Standard Test Method for Research Octane
Number of Spark-Ignition Engine Fuel, approved October 1, 2013 (``ASTM
D2699''), IBR approved for Sec. Sec.  86.113-04(a) and 86.213(a).
    (13) ASTM D2700-13b, Standard Test Method for Motor Octane Number
of Spark-Ignition Engine Fuel, approved October 1, 2013 (``ASTM
D2700''), IBR approved for Sec. Sec.  86.113-04(a) and 86.213(a).
    (14) ASTM D3231-13, Standard Test Method for Phosphorus in
Gasoline, approved June 15, 2013 (``ASTM D3231''), IBR approved for
Sec. Sec.  86.113-04(a), 86.213(a), and 86.513(a).
    (15) ASTM D3237-12, Standard Test Method for Lead in Gasoline by
Atomic Absorption Spectroscopy, approved June 1, 2012 (``ASTM D3237''),
IBR approved for Sec. Sec.  86.113-04(a), 86.213(a), and 86.513(a).
    (16) ASTM D4052-11, Standard Test Method for Density, Relative
Density, and API Gravity of Liquids by Digital Density Meter, approved
October 15, 2011 (``ASTM D4052''), IBR approved for Sec.  86.113-94(b).
    (17) ASTM D5186-03 (Reapproved 2009), Standard Test Method for
Determination of the Aromatic Content and Polynuclear Aromatic Content
of Diesel Fuels and Aviation Turbine Fuels by Supercritical Fluid
Chromatography, approved April 15, 2009 (``ASTM D5186''), IBR approved
for Sec.  86.113-94(b).
    (18) ASTM D5191-13, Standard Test Method for Vapor Pressure of
Petroleum Products (Mini Method), approved December 1, 2013 (``ASTM
D5191''), IBR approved for Sec. Sec.  86.113-04(a), 86.213(a), and
86.513(a).
    (19) ASTM E29-93a, Standard Practice for Using Significant Digits
in Test Data to Determine Conformance with Specifications, approved
March 15, 1993 (``ASTM E29''), IBR approved for Sec. Sec.  86.004-
15(c), 86.007-11(a), 86.007-15(m), 86.1803-01, 86.1823-01(a), 86.1824-
01(c), 86.1825-01(c).
    (20) ASTM E903-96, Standard Test Method for Solar Absorptance,
Reflectance, and Transmittance of Materials Using Integrating Spheres,
approved April 10, 1996 (``ASTM E903''), IBR approved for Sec.
86.1869-12(b).
    (21) ASTM E1918-06, Standard Test Method for Measuring Solar
Reflectance of Horizontal and Low-Sloped Surfaces in the Field,
approved August 15, 2006 (``ASTM E1918''), IBR approved for Sec.
86.1869-12(b).
* * * * *

Subpart A--General Provisions for Emission Regulations for 1977 and
Later Model Year New Light-Duty Vehicles, Light-Duty Trucks and
Heavy-Duty Engines, and for 1985 and Later Model Year New Gasoline
Fueled, Natural Gas-Fueled, Liquefied Petroleum Gas-Fueled and
Methanol-Fueled Heavy-Duty Vehicles

0
47. Section 86.007-35 is revised to read as follows:

Sec.  86.007-35  Labeling.

    Section 86.007-35 includes text that specifies requirements that
differ from Sec.  86.095-35. Where a paragraph in Sec.  86.095-35 is
identical and applicable to Sec.  86.007-35, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec.  86.095-35.''.
    (a) The manufacturer of any motor vehicle (or motor vehicle engine)
subject to the applicable emission standards (and family emission
limits, as appropriate) of this subpart, shall, at the time of
manufacture, affix a permanent legible label, of the type and in the
manner described below, containing the information hereinafter
provided, to all production models of such vehicles (or engines)
available for sale to the public and covered by a Certificate of
Conformity under Sec.  86.007-30(a).
    (a)(1)-(2) [Reserved]
    (a)(3) heading through (b) [Reserved]. For guidance see Sec.
86.095-35.
    (c) Vehicles powered by model year 2007 through 2013 diesel-fueled
engines must include permanent, readily visible labels on the dashboard
(or instrument panel) and near all fuel inlets that state ``Use Ultra
Low Sulfur Diesel Fuel Only''; or ``Ultra Low Sulfur Diesel Fuel
Only''.
    (d) through (g) [Reserved]
    (h) [Reserved]. For guidance see Sec.  86.095-35.
    (i) [Reserved]
    (j) The Administrator may approve in advance other label content
and formats provided the alternative label contains information
consistent with this section.

0
48. Section 86.095-35 is amended by revising paragraph (a)(4) and
removing and reserving paragraph (g) to read as follows:

Sec.  86.095-35  Labeling.

    (a) * * *
    (4) Heavy-duty vehicles employing a fuel or fuels covered by
evaporative

emission standards. This paragraph (a)(4) applies for vehicles subject
to evaporative emission standards under this subpart, as described in
Sec.  86.016-1(a)(4). See 40 CFR part 1037 for provisions that apply in
later model years.
    (i) A permanent, legible label shall be affixed in a readily
visible position in the engine compartment. If such vehicles do not
have an engine compartment, the label required in this paragraph (a)(4)
shall be affixed in a readily available position on the operator's
enclosure or on the engine.
    (ii) The label shall be affixed by the vehicle manufacturer who has
been issued the Certificate of Conformity for such vehicle, in such a
manner that it cannot be removed without destroying or defacing the
label. The label shall not be affixed to any equipment which is easily
detached from such vehicle.
    (iii) The label shall contain the following information lettered in
the English language in block letters and numerals, which shall be of a
color that contrasts with the background of the label:
    (A) The label heading: Vehicle Emission Control Information;
    (B) Full corporate name and trademark of manufacturer;
    (C) Evaporative family identification;
    (D) The maximum nominal fuel tank capacity (in gallons), as
specified in 40 CFR 1037.135; and
    (E) An unconditional statement of compliance with the appropriate
model year U.S. Environmental Protection Agency regulations which apply
to XXX-fueled heavy-duty vehicles.
    (F) Vehicles granted final admission under Sec.  85.1505 of this
chapter must comply with the labeling requirements contained in Sec.
85.1510 of this chapter.
* * * * *
    (g) [Reserved]
* * * * *

Subpart B--Emission Regulations for 1977 and Later Model Year New
Light-Duty Vehicles and New Light-Duty Trucks and New Otto-Cycle
Complete Heavy-Duty Vehicles; Test Procedures

0
49. Section 86.101 is amended by revising paragraphs (b)(1), (b)(2)(i),
and (b)(3) to read as follows:

Sec.  86.101  General applicability.

* * * * *
    (b) * * *
    (1) Through model year 2021, manufacturers may use the test
procedures specified in paragraph (c) or (d) of this section or, using
good engineering judgement, elements of both. For any EPA testing
before model year 2022, EPA will use the manufacturer's selected
procedures for applying acceptable speed-tolerance criteria (either
Sec.  86.115-78 or 40 CFR 1066.425(c)). For any other parameters, EPA
may conduct testing using either of the specified procedures. As
allowed under this part, manufacturers may use carryover data from
previous model years to demonstrate compliance with emission standards,
without regard to the provisions of this section.
    (2) * * *
    (i) For vehicles certified to any of the Tier 3 emission standards
specified in subpart S of this part, determine overall driver accuracy
based on drive-cycle metrics as described in 40 CFR 1066.425(j).
* * * * *
    (3) For model years 2022 and later, manufacturers must use the test
procedures specified in paragraph (d) of this section. Manufacturers
may continue to use data based on the test procedures specified in
paragraph (c) of this section for an engine family in 2022 and later
model years, as long as the engine family is eligible for certification
with carryover emission data.
* * * * *

0
50. Section 86.113-04 is amended by revising paragraph (a)(1) to read
as follows:

Sec.  86.113-04  Fuel specifications.

* * * * *
    (a) Gasoline fuel. (1) Gasoline meeting the following
specifications, or substantially equivalent specifications approved by
the Administrator, must be used for exhaust and evaporative emission
testing:

   Table 1 of Sec.   86.113-04--Test Fuel Specifications for Gasoline
                             Without Ethanol
------------------------------------------------------------------------
                                                           Reference
              Item                      Regular          procedure \1\
------------------------------------------------------------------------
Research octane, Minimum \2\....  93................  ASTM D2699; ASTM
                                                       D2700
Octane sensitivity \2\..........  7.5...............  ASTM D2699; ASTM
                                                       D2700
Distillation Range ([deg]F):
    Evaporated initial boiling    75-95.............  ASTM D86
     point \3\.
    10% evaporated..............  120-135...........
    50% evaporated..............  200-230...........
    90% evaporated..............  300-325...........
    Evaporated final boiling      415 Maximum.......
     point.
Hydrocarbon composition (vol %):
    Olefins.....................  10% Maximum.......  ASTM D1319
    Aromatics...................  35% Maximum.......
    Saturates...................  Remainder.........
Lead, g/gallon (g/liter),         0.050 (0.013).....  ASTM D3237
 Maximum.
Phosphorous, g/gallon (g/liter),  0.005 (0.0013)....  ASTM D3231
 Maximum.
Total sulfur, wt. % \4\.........  0.0015-0.008......  ASTM D2622
Dry Vapor Pressure Equivalent     8.7-9.2 (60.0-      ASTM D5191
 (DVPE), psi (kPa) \5\.            63.4).
------------------------------------------------------------------------
\1\ ASTM procedures are incorporated by reference in Sec.   86.1.
\2\ Octane specifications are optional for manufacturer testing.
\3\ For testing at altitudes above 1,219 m (4000 feet), the specified
  range is 75-105 [deg]F.
\4\ Sulfur concentration will not exceed 0.0045 weight percent for EPA
  testing.
\5\ For testing unrelated to evaporative emission control, the specified
  range is 8.0-9.2 psi (55.2-63.4 kPa). For testing at altitudes above
  1,219 m (4000 feet), the specified range is 7.6-8.0 psi (52.4-55.2
  kPa). Calculate dry vapor pressure equivalent, DVPE, based on the
  measured total vapor pressure, pT, using the following equation: DVPE
  (psi) = 0.956 [middot] pT-0.347 (or DVPE (kPa) = 0.956 [middot] pT-
  2.39). DVPE is intended to be equivalent to Reid Vapor Pressure using
  a different test method.

* * * * *

Subpart C--Emission Regulations for 1994 and Later Model Year
Gasoline-Fueled New Light-Duty Vehicles, New Light-Duty Trucks and
New Medium-Duty Passenger Vehicles; Cold Temperature Test
Procedures

0
51. Section 86.201 is revised to read as follows:

Sec.  86.201  General applicability.

    (a) Vehicles are subject to cold temperature testing requirements
as described in subpart S of this part and 40 CFR part 600.
    (b) Migration to 40 CFR parts 1065 and 1066. This subpart
transitions to rely on the test procedure specifications in 40 CFR
parts 1065 and 1066 as follows:
    (1) Through model year 2021, manufacturers may use the test
procedures specified in paragraph (c) or (d) of this section or, using
good engineering judgement, elements of both. For any EPA testing
before model year 2022, EPA will use the manufacturer's selected
procedures for applying acceptable speed-tolerance criteria. For any
other parameters, EPA may conduct testing using either of the specified
procedures. As allowed under this part, manufacturers may use carryover
data from previous model years to demonstrate compliance with emission
standards, without regard to the provisions of this section.
    (2) For vehicles certified before model year 2022 to any of the
Tier 3 emission standards specified in subpart S of this part,
manufacturers must determine overall driver accuracy based on driven
cycle energy as described in 40 CFR 1066.425(j).
    (c) Interim procedures. Through model year 2021, manufacturers may
certify vehicles based on data collected according to previously
published cold temperature and intermediate temperature testing
procedures.
    (d) Long-term procedures. Starting in model year 2022, perform
testing to measure CO and NMHC emissions and determine fuel economy as
described in 40 CFR part 1066; see especially 40 CFR 1066.710. We may
approve the use of previously published cold temperature and
intermediate temperature testing procedures for later model years as an
alternative procedure under 40 CFR 1066.10(c). Perform intermediate
temperature testing as follows:
    (1) For testing during ambient temperatures of less than 50 [deg]F
(10 [deg]C), perform testing as described in 40 CFR part 1066, subpart
H.
    (2) For testing at temperatures of 50 [deg]F (10 [deg]C) or higher,
perform FTP testing as described in 40 CFR part 1066.
    (e) Section 86.213 describes special provisions related to test
fuel specifications.

0
52. Section 86.213 is amended by revising Table 1 in paragraph (a)(2)
to read as follows:

Sec.  86.213  Fuel specifications.

    (a) * * *
    (2) * * *

        Table 1 of Sec.   86.213--Cold Temperature Test Fuel Specifications for Gasoline Without Ethanol
----------------------------------------------------------------------------------------------------------------
                 Item                          Regular                  Premium          Reference procedure \1\
----------------------------------------------------------------------------------------------------------------
(RON+MON)/2 \2\......................  87.80.3....  92.30.5....  ASTM D2699; ASTM D2700
Sensitivity \3\......................  7.5....................  7.5....................  ASTM D2699; ASTM D2700
Distillation Range ([deg]F):
    Evaporated initial boiling point.  76-96..................  76-96..................  ASTM D86
    10% evaporated...................  98-118.................  105-125................
    50% evaporated...................  179-214................  195-225................
    90% evaporated...................  316-346................  316-346................
    Evaporated final boiling point...  413 Maximum............  413 Maximum............
Hydrocarbon composition (vol %):
    Olefins..........................  12.55.0....  10.55.0....  ASTM D1319
    Aromatics........................  26.44.0....  32.04.0....
    Saturates........................  Remainder..............  Remainder..............
Lead, g/gallon.......................  0.01, Maximum..........  0.01, Maximum..........  ASTM D3237
Phosphorous, g/gallon................  0.005, Maximum.........  0.005, Maximum.........  ASTM D3231
Total sulfur, wt. % \3\..............  0.0015-0.008...........  0.0015-0.008...........  ASTM D2622
RVP, psi.............................  11.50.3....  11.50.3....  ASTM D5191
----------------------------------------------------------------------------------------------------------------
\1\ ASTM procedures are incorporated by reference in Sec.   86.1.
\2\ Octane specifications are optional for manufacturer testing. The premium fuel specifications apply for
  vehicles designed to use high-octane premium fuel.
\3\ Sulfur concentration will not exceed 0.0045 weight percent for EPA testing.

* * * * *

Subpart F--Emission Regulations for 1978 and Later New Motorcycles;
Test Procedures

0
53. Section 86.513 is amended by revising paragraph (a)(1) to read as
follows:

Sec.  86.513  Fuel and engine lubricant specifications.

    (a) * * *
    (1) Gasoline meeting the following specifications, or substantially
equivalent specifications approved by the Administrator, must be used
for exhaust and evaporative emission testing:

       Table 1 of Sec.   86.513--Gasoline Test Fuel Specifications
------------------------------------------------------------------------
             Item                    Value            Procedure \1\
------------------------------------------------------------------------
Distillation Range:
    1. Initial boiling point,  23.9-35.0 \2\...  ASTM D86
     [deg]C.

    2. 10% point, [deg]C.....  48.9-57.2.......
    3. 50% point, [deg]C.....  93.3-110.0......
    4. 90% point, [deg]C.....  148.9-162.8.....
    5. End point, [deg]C.....  212.8 maximum...
Hydrocarbon composition:
    1. Olefins, volume %.....  10 maximum......  ASTM D1319
    2. Aromatics, volume %...  35 maximum......
    3. Saturates.............  Remainder.......
Lead (organic), g/liter......  0.013 maximum...  ASTM D3237
Phosphorous, g/liter.........  0.0013 maximum..  ASTM D3231
Sulfur, weight %.............  0.008 maximum...  ASTM D2622
Dry Vapor Pressure Equivalent  55.2 to 63.4 \3\  ASTM D5191
 (DVPE), kPa.
------------------------------------------------------------------------
\1\ ASTM procedures are incorporated by reference in Sec.   86.1.
\2\ For testing at altitudes above 1,219 m, the specified initial
  boiling point range is (23.9 to 40.6) [deg]C.
\3\ For testing at altitudes above 1,219 m, the specified volatility
  range is 52 to 55 kPa. Calculate dry vapor pressure equivalent, DVPE,
  based on the measured total vapor pressure, pT, using the following
  equation: DVPE (kPa) = 0.956 [middot] pT-2.39 (or DVPE (psi) = 0.956
  [middot] pT-0.347). DVPE is intended to be equivalent to Reid Vapor
  Pressure using a different test method.

* * * * *

Sec.  86.513-2004  [Removed]

0
54. Remove Sec.  86.513-2004.

Sec.  86.529-98  [Amended]

0
55. Section 86.529-98 paragraph (b) is amended in Figure F98-9, under
the first column titled ``Loaded vehicle mass (kg)'' by removing ``565-
665'' and adding ``656-665'' in its place.

Subpart S--General Compliance Provisions for Control of Air
Pollution From New and In-Use Light-Duty Vehicles, Light-Duty
Trucks, and Heavy-Duty Vehicles

0
56. The heading for subpart S is revised as set forth above.

0
57. Section 86.1801-12 is amended by:
0
a. Revising paragraph (a)(2)(ii);
0
b. Adding paragraph (a)(2)(iii);
0
c. Revising paragraph (a)(3) introductory text;
0
d. Removing paragraph (a)(4); and
0
e. Redesignating paragraph (a)(5) as paragraph (a)(4).
    The revisions and addition read as follows:

Sec.  86.1801-12  Applicability.

    (a) * * *
    (2) * * *
    (ii) Greenhouse gas emission standards apply as specified in 40 CFR
part 1037 instead of the standards specified in this subpart.
    (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 for which less than half of the engine family's sales for the
model year in the United States are for complete Class 3 heavy-duty
vehicles. This includes engines sold to all vehicle manufacturers. If
you are the original manufacturer of the engine and the vehicle, base
this showing on your sales information. If you manufacture the vehicle
but are not the original manufacturer of the engine, you must use your
best estimate of the original manufacturer's sales information.
    (3) The provisions of this subpart generally do not apply to
incomplete heavy-duty vehicles or to complete vehicles above 14,000
pounds GVWR (see subpart A of this part and 40 CFR parts 1036 and
1037). However, this subpart applies to such vehicles in the following
cases:
* * * * *

0
58. Section 86.1803-01 is amended by revising the definition of
``Averaging set'' to read as follows:

Sec.  86.1803-01  Definitions.

* * * * *
    Averaging set means a category or subcategory of vehicles within
which test groups can average and trade emission credits with one
another.
* * * * *

0
59. Section 86.1805-17 is amended by revising paragraphs (a), (b), and
(c) to read as follows:

Sec.  86.1805-17  Useful life.

    (a) General provisions. The useful life values specified in this
section apply for all exhaust, evaporative, refueling, and OBD emission
requirements described in this subpart, except for standards that are
specified to apply only at certification. These useful life
requirements also apply to all air conditioning leakage credits, air
conditioning efficiency credits, and other credit programs used by the
manufacturer to comply with the fleet-average CO2 emission
standards in Sec.  86.1818. Useful life values are specified as a given
number of calendar years or miles of driving, whichever comes first.
    (b) Greenhouse gas pollutants. The emission standards in Sec.
86.1818 apply for a useful life of 10 years or 120,000 miles for LDV
and LLDT and 11 years or 120,000 miles for HLDT and MDPV. Manufacturers
may alternatively certify based on a longer useful life as specified in
paragraph (d) of this section.
    (c) Cold temperature emission standards. The cold temperature NMHC
emission standards in Sec.  86.1811 apply for a useful life of 10 years
or 120,000 miles for LDV and LLDT, and 11 years or 120,000 miles for
HLDT and HDV. The cold temperature CO emission standards in Sec.
86.1811 apply for a useful life of 5 years or 50,000 miles.
* * * * *

0
60. Section 86.1806-17 is amended by revising paragraph (a)(8) to read
as follows:

Sec.  86.1806-17  Onboard diagnostics.

* * * * *
    (a) * * *
    (8) Apply thresholds for exhaust emission malfunctions from Tier 3
vehicles based on the thresholds calculated for the corresponding bin
standards in the California LEV II program as prescribed for the latest
model year in 13 CCR 1968.2(e) and (f). For example, for Tier 3 Bin 160
standards, apply the threshold that applies for the LEV standards. For
cases involving Tier 3 standards that have no corresponding bin
standards from the California LEV II program, use the next highest LEV
II bin. For example, for Tier 3 Bin 50 standards, apply the threshold
that applies for the ULEV standards. You may apply thresholds that are
more

stringent than we require under this paragraph (a)(8).
* * * * *

0
61. Section 86.1810-01 is amended by revising paragraph (o) and
removing paragraph (p) to read as follows:

Sec.  86.1810-01  General standards; increase in emissions; unsafe
condition; waivers.

* * * * *
    (o) NMOG determination procedures. Measure NMOG emissions or
determine NMOG emissions based on NMHC measurements using the
procedures described in 40 CFR 1066.635. For Tier 2 and interim non-
Tier 2 vehicles fueled by gasoline, manufacturers may instead measure
NMHC and multiply the result by an adjustment factor of 1.04 before
comparing with the NMOG standard to determine compliance with that
standard.

0
62. Section 86.1810-17 is amended by revising paragraph (h)(1) to read
as follows:

Sec.  86.1810-17  General requirements.

* * * * *
    (h) * * *
    (1) For criteria exhaust emissions, we may identify the worst-case
fuel blend for testing in addition to what is required for gasoline-
fueled vehicles. The worst-case fuel blend may be the fuel specified in
40 CFR 1065.725, or it may consist of a combination of the fuels
specified in 40 CFR 1065.710(b) and 1065.725. We may waive testing with
the worst-case blended fuel for US06 and/or SC03 duty cycles; if we
waive only SC03 testing, substitute the SC03 emission result using the
standard test fuel for gasoline-fueled vehicles to calculate composite
SFTP emissions.
* * * * *

0
63. Section 86.1811-04 is amended by revising paragraph (j) to read as
follows:

Sec.  86.1811-04  Emission standards for light-duty vehicles, light-
duty trucks and medium-duty passenger vehicles.

* * * * *
    (j) Highway NOX exhaust emission standard. The NOX
emissions measured on the federal Highway Fuel Economy Test in 40 CFR
1066.840 must not be greater than 1.33 times the applicable FTP
NOX standard to which the manufacturer certifies the test
group. Both the measured emissions and the product of the
NOX standard and 1.33 must be rounded to the nearest 0.01 g/
mi before being compared.
* * * * *

0
64. Section 86.1811-17 is amended by:
0
a. Revising paragraph (a);
0
b. Revising paragraphs (b)(2), (b)(8), (b)(9) introductory text,
(b)(10), and (b)(11);
0
c. Adding paragraph (b)(14); and
0
d. Revising paragraphs (c) and (g).
    The revisions and addition read as follows:

Sec.  86.1811-17  Exhaust emission standards for light-duty vehicles,
light-duty trucks and medium-duty passenger vehicles.

    (a) Applicability and general provisions. This section describes
exhaust emission standards that apply for model year 2017 and later
light-duty vehicles, light-duty trucks, and medium-duty passenger
vehicles. MDPVs are subject to all the same emission standards and
certification provisions that apply to LDT4. Some of the provisions of
this section also apply to heavy-duty vehicles as specified in Sec.
86.1816. See Sec.  86.1818 for greenhouse gas emission standards. See
Sec.  86.1813 for evaporative and refueling emission standards. This
section may apply to vehicles from model years earlier than 2017 as
specified in paragraph (b)(11) of this section.
    (b) * * *
    (2) Table 1 of this section describes fully phased-in Tier 3
standards that apply as specified in this paragraph (b) for the
identified driving schedules. The FTP standards for NMOG+NOX
apply on a fleet-average basis using discrete bin standards as
described in paragraph (b)(4) of this section. The bin standards
include additional emission standards for high-altitude testing and for
CO emissions when testing over the FTP driving schedule. The SFTP
standards for NMOG+NOX apply on a fleet-average basis as
described in paragraph (b)(5) of this section. Table 1 follows:

            Table 1 of Sec.   86.1811-17--Fully Phased-in Tier 3 Exhaust Emission Standards (g/mile)
----------------------------------------------------------------------------------------------------------------
              NMOG+NOX                                 PM                           CO            Formaldehyde
----------------------------------------------------------------------------------------------------------------
     FTP \1\              SFTP               FTP                US06               SFTP               FTP
----------------------------------------------------------------------------------------------------------------
          0.030              0.050              0.003              0.006                4.2              0.004
----------------------------------------------------------------------------------------------------------------
\1\ The fleet-average FTP emission standard for NMOG+NOX is 0.026 g/mile for LDV and LDT1 test groups certified
  to standards based on a useful life of 120,000 miles or 10 years in a given model year.

* * * * *
    (8) The following provisions describe the primary approach for
phasing in the Tier 3 standards other than PM in 2025 and earlier model
years:
    (i) FTP phase-in. The fleet-average FTP emission standard for
NMOG+NOX phases in over several years as described in this
paragraph (b)(8)(i). You must identify FELs as described in paragraph
(b)(4) of this section and calculate a fleet-average emission level to
show that you meet the FTP emission standard for NMOG+NOX
that applies for each model year. For model year 2017, do not include
vehicles above 6,000 pounds GVWR. Through model year 2019, you may also
certify to transitional Bin 85 or Bin 110 standards, which consist of
all-altitude FTP emission standards for NMOG+NOX of 0.085 or
0.110 g/mile, respectively; additional FTP standards for PM, CO, and
formaldehyde apply as specified in this section for vehicles certified
to Bin 125 standards. Fleet-average FTP emission standards decrease
through the phase-in period as shown in the following table:

    Table 3 of Sec.   86.1811-17--Declining Fleet-Average Tier 3 FTP Emission Standards for NMOG+NOX (g/mile)
----------------------------------------------------------------------------------------------------------------
                                                                    LDV, LDT1--     LDV, LDT1--
                                                                   150,000 mile    120,000 mile
                           Model year                               useful life     useful life     LDT2, HLDT
                                                                        \1\             \1\
----------------------------------------------------------------------------------------------------------------
2017 \2\........................................................           0.086           0.073           0.101
2018............................................................           0.079           0.067           0.092
2019............................................................           0.072           0.061           0.083

2020............................................................           0.065           0.055           0.074
2021............................................................           0.058           0.049           0.065
2022............................................................           0.051           0.043           0.056
2023............................................................           0.044           0.037           0.047
2024............................................................           0.037           0.031           0.038
2025............................................................           0.030           0.026           0.030
----------------------------------------------------------------------------------------------------------------
\1\ Vehicles certified to standards based on a useful life of 120,000 miles may comply based on the fleet-
  average standard specified for 150,000 mile useful life in certain circumstances as specified in paragraph
  (b)(8)(iii)(A) of this section.
\2\ HLDT and MDPV must meet the Tier 3 standards starting with model year 2018.

    (ii) SFTP phase-in. The fleet-average SFTP emission standard for
NMOG+NOX phases in over several years as described in this
paragraph (b)(8)(ii). You must identify FELs as described in paragraph
(b)(5) of this section and calculate a fleet-average emission level to
show that you meet the SFTP emission standard for NMOG+NOX
that applies for each model year.
    (A) Calculate the fleet-average emission level together for all
your light-duty vehicles and light-duty trucks, except for those
certified using the provisions of paragraph (b)(8)(ii)(C) of this
section. For model year 2017, do not include vehicles above 6,000
pounds GVWR (in the numerator or denominator).
    (B) Fleet-average SFTP emission standards decrease through the
phase-in period as shown in the following table:

    Table 4 of Sec.   86.1811-17--Declining Fleet-Average Tier 3 SFTP
                           Emission Standards
------------------------------------------------------------------------
                                                           NMOG+NOX (g/
                       Model year                              mile)
------------------------------------------------------------------------
2017 \1\................................................           0.103
2018....................................................           0.097
2019....................................................           0.090
2020....................................................           0.083
2021....................................................           0.077
2022....................................................           0.070
2023....................................................           0.063
2024....................................................           0.057
2025....................................................           0.050
------------------------------------------------------------------------
\1\ HLDT and MDPV must meet the Tier 3 standards starting with model
  year 2018.

    (C) You may use the SFTP stand-alone option specified in 13 CCR
1961.2 (a)(7)(A)1 of the LEV III program to demonstrate compliance with
EPA's SFTP standards. Do not include any such test groups when
demonstrating compliance with the phased-in fleet-average SFTP
standards specified in this paragraph (b)(8)(ii). Note that this option
is not available for vehicles certified to the transitional bins
described in paragraph (b)(8)(i) of this section.
    (iii) Interim provisions. (A) For vehicles certified to bins higher
than Bin 70 under this section through model year 2019, the Tier 2
useful life period applies as specified in Sec.  86.1805-12 for all
criteria pollutants other than PM. However, LDV and LDT1 test groups
certified to bin standards above Bin 70 through model year 2019 may be
included in the same averaging set with vehicles meeting standards over
a 150,000 mile useful life, notwithstanding the provisions of Sec.
86.1861-17(b)(1)(iii). Any such vehicles you include in the averaging
set for 150,000 mile useful life are also subject to the fleet-average
NMOG+NOX standard specified for 150,000 mile useful life;
similarly, any such vehicles you include in the averaging set for
120,000 mile useful life are also subject to the fleet-average
NMOG+NOX standard specified for 120,000 mile useful life.
    (B) You may use the E0 test fuel specified in Sec.  86.113 through
model year 2019 for gasoline-fueled vehicles certified to bins higher
than Bin 70. You may not certify these vehicles using carryover data
after model year 2019.
    (C) Vehicles must continue to comply with the Tier 2 SFTP emission
standards for NMHC+NOX and CO for 4,000-mile testing as
specified in Sec.  86.1811-04(f)(1) if they are certified to
transitional Bin 85 or Bin 110 standards, or if they are certified
based on a fuel without ethanol, or if they are not certified to the
Tier 3 p.m. standard.
    (iv) You may use the alternative phase-in provisions described in
paragraph (b)(9) of this section to transition to the Tier 3 exhaust
emission standards on a different schedule.
    (9) This paragraph (b)(9) describes an alternative approach to
phasing in the Tier 3 emission standards for vehicles above 6,000
pounds GVWR. If you choose this approach, you must phase in the Tier 3
standards for all your vehicles above 6,000 pounds GVWR that are
subject to this section according to this schedule. Under this
alternative phase-in, you must meet the fully phased-in standards
specified in this paragraph (b) with 40, 70, and 100 percent of your
projected nationwide sales of all vehicles above 6,000 pounds GVWR that
are subject to this section in model years 2019 through 2021,
respectively. Any vehicles not subject to Tier 3 standards during the
phase-in period must continue to comply with the Tier 2 standards in
Sec.  86.1811-04(c) and (f), including the Tier 2 SFTP emission
standards for NMHC+NOX and CO for 4,000-mile testing as
specified in Sec.  86.1811-04(f)(1). Vehicles subject to Tier 2
standards under this paragraph (b)(9) are subject to the useful life
provisions in Sec.  86.1805-12 relative to exhaust emission standards.
Each vehicle counting toward the phase-in percentage under this
paragraph (b)(9) must meet all the standards that apply throughout the
useful life as specified in Sec.  86.1805-17, and must use the Tier 3
test fuel specified in Sec.  86.113-15. The following exceptions and
special provisions apply under this paragraph (b)(9):
* * * * *
    (10) You may not use credits generated from Tier 2 vehicles for
demonstrating compliance with the Tier 3 standards except as specified
in this paragraph (b)(10). You may generate early credits with U.S.
sales of Tier 2 vehicles in the two model years before the Tier 3
standards start to apply for a given vehicle model. Vehicles certified
to the Tier 2 standards must meet all the Tier 2 requirements in Sec.
86.1811-10, including the fleet-average Tier 2 standards. Calculate
early Tier 3 emission credits as described in Sec.  86.1861 by
subtracting the appropriate Tier 2 fleet-average value for FTP

emissions of NMOG+NOX from 0.160 g/mile. Calculate your
fleet-average value for the model year based on vehicles at or below
6,000 pounds GVWR in 2015, on all sizes of vehicles in 2016, and on
vehicles above 6,000 pounds GVWR in 2017. You may use these early
credits as described in Sec.  86.1861 for demonstrating compliance with
the FTP emission standard for NMOG+NOX starting in model
year 2017. You may use these early credits interchangeably for vehicles
certified based on a useful life of either 120,000 or 150,000 miles.
For model years 2018 and later, you may use any remaining early credits
for banking or trading subject to a limitation based on credits
generated in California, as follows:
    (i) For the applicable model years in which you generate emission
credits relative to California's LEV III fleet-average
NMOG+NOX standard, determine the actual California sales of
light-duty vehicles and light-duty trucks and the actual nationwide
sales of those same vehicles. (Note: If you have a credit deficit in a
given model year for your LEV III vehicles, apply the provisions of
this paragraph (b)(10)(i) based on the appropriate negative credit
quantity.) In 2015, count sales only from vehicle models at or below
6,000 pounds GVWR. For each model year, multiply the credits generated
under the California program by the ratio of nationwide vehicle sales
to LEV III vehicle sales to calculate an effective nationwide quantity.
Sum these results for model years 2015 through 2017. Note that this
calculation results in a maximum credit quantity based on vehicle sales
in all states, even though the initial credit calculation does not
include vehicle sales in California or the section 177 states. If you
comply with the LEV III standards based on pooled emission credits for
California and the section 177 states, use those pooled emission
credits and corresponding sales for calculating the maximum credit
quantity under this paragraph (b)(10)(i).
    (ii) You may not use more early credits generated under this
paragraph (b)(10) for banking or trading to demonstrate compliance with
Tier 3 emission standards than the calculated value of the effective
nationwide credit quantity summed in paragraph (b)(10)(i) of this
section. If your generated credits are greater than this threshold,
determine the ratio by which your generated early credits exceed the
threshold. Calculate an adjusted quantity of early credits generated
under this paragraph (b)(10) by dividing the generated credit quantity
from each model year by this ratio of generated credits relative to the
applicable threshold. This adjusted quantity of credits may be used for
banking or trading relative to the Tier 3 standards, subject to the
five-year credit life described in Sec.  86.1861.
    (11) You may certify vehicles to the Tier 3 standards starting in
model year 2015. To do this, you may either sell all your LEV III
vehicle models nationwide, or you may certify a subset of your fleet to
alternate fleet-average emission standards as follows:
    (i) The alternate fleet-average FTP emission standards for
NMOG+NOX are 0.100 g/mile in 2015 and 0.093 g/mile in 2016
for LDV and LDT1.
    (ii) The alternate fleet-average FTP emission standards for
NMOG+NOX are 0.119 g/mile in 2015, 0.110 g/mile in 2016, and
0.101 g/mile in 2017 for LDT2 and HLDT.
    (iii) The alternate fleet-average SFTP emission standards for
NMOG+NOX are 0.140 in 2015 for all vehicles, 0.110 in 2016
for all vehicles, and 0.103 in 2017 for LDT2 and HLDT.
    (iv) The vehicles must meet FTP and SFTP standards for PM as
specified in Sec.  86.1811-04. The PM testing provisions of Sec.
86.1829-01(b)(1)(iii)(B) apply for these vehicles.
    (v) Vehicles not certified to the Tier 3 standards in a given model
year must meet all the requirements that apply for Tier 2 vehicles in
that model year.
    (vi) For cold temperature testing and for high-altitude testing,
you may use the E0 fuel specified in Sec.  86.113-04(a) or Sec.  86.213
instead of the E10 test fuel specified in Sec.  86.113-15.
    (vii) Vehicles certified under this paragraph (b)(11) to a bin
standard at or below Bin 70 must be certified to a useful life of
150,000 miles.
    (viii) The interim provisions described in paragraph (b)(8)(iii) of
this section apply for vehicles certified under this paragraph (b)(11),
except that credits generated under this paragraph (b)(11) may be used
interchangeably for vehicles certified based on a useful life of either
120,000 or 150,000 miles.
    (ix) For vehicles certified under this paragraph (b)(11), you may
generate emission credits and use those credits for demonstrating
compliance with Tier 3 standards as described in paragraph (b)(10) of
this section or as described in Sec.  86.1861.
* * * * *
    (14) This subpart describes several ways that the transition to
Final Tier 3 standards applies differently for vehicles above and below
6,000 pounds GVWR. All these distinctions apply only for LDT. LDV as a
category is defined independent of GVWR, so any LDV above 6,000 pounds
GVWR are subject to the same provisions that apply for LDV at or below
6,000 pounds GVWR. Where this section refers to ``vehicles above 6,000
pounds GVWR,'' this should be understood to include LDT above 6,000
pounds GVWR and MDPV (or HLDT and MDPV), and to exclude all LDV.
    (c) Highway NMOG+NOX exhaust emission standard. NMOG+NOX
emissions measured on the federal Highway Fuel Economy Test in 40 CFR
1066.840 may not exceed the applicable FTP bin standard for
NMOG+NOX. Demonstrate compliance with this standard for low-
mileage vehicles by applying the appropriate deterioration factor. For
vehicles not certified to any Tier 3 emission standards specified in
paragraph (b) of this section, the provisions of Sec.  86.1811-04(j)
apply instead of this paragraph (c).
* * * * *
    (g) Cold temperature exhaust emission standards. The standards in
this paragraph (g) apply for certification and in-use vehicles tested
over the test procedures specified in subpart C of this part, for
testing at both low-altitude conditions and high-altitude conditions.
These standards apply only to gasoline-fueled vehicles. Multi-fuel, bi-
fuel or dual-fuel vehicles must comply with requirements using gasoline
only. Testing with other fuels such as a high-level ethanol-gasoline
blend, or testing on diesel vehicles, is not required.
    (1) Cold temperature CO standards. Cold temperature CO exhaust
emission standards apply as follows:
    (i) For LDV and LDT1, the standard is 10.0 g/mile CO.
    (ii) For LDT2, LDT3 and LDT4, the standard is 12.5 grams per mile
CO.
    (2) Cold temperature NMHC standards. The following fleet average
cold temperature NMHC standards apply as follows:
* * * * *

0
65. Section 86.1813-17 is amended by revising paragraphs (a)(1)(iv) and
(a)(2)(i) to read as follows:

Sec.  86.1813-17  Evaporative and refueling emission standards.

* * * * *
    (a) * * *
    (1) * * *
    (iv) Emissions are generally measured with a flame ionization
detector (FID). In the case of rig, diurnal, hot soak, and running loss
testing with E10 test fuel, multiply measured (unspeciated) FID values
by 1.08 to account for the FID's reduced response to ethanol. However,
you may instead determine total hydrocarbon equivalent for E10 testing

based on speciated measurements as described in Sec.  86.143-96(c). You
may use different methods (with or without speciation) for different
test elements for a given test vehicle; however, you must always use
the same method for diurnal and hot soak testing. In addition, any
later testing with vehicles from that evaporative/refueling family must
use the same method that was used for the original testing. Similarly,
any evaporative/refueling families certified in later model years using
carryover data must use the same method that was used for the original
testing. We may do testing with or without speciation, but we will
apply the 1.08 correction factor to unspeciated measurements for any of
these four categories of evaporative emissions only if you also use it
to determine your final test results.
    (2) * * *
    (i) The emission standard for the sum of diurnal and hot soak
measurements from the two-diurnal test sequence and the three-diurnal
test sequence is based on a fleet average in a given model year. You
must specify a family emission limit (FEL) for each evaporative family.
The FEL serves as the emission standard for the evaporative family with
respect to all required diurnal and hot soak testing. Calculate your
fleet-average emission level as described in Sec.  86.1860 based on the
FEL that applies for low-altitude testing to show that you meet the
specified standard. For multi-fueled vehicles, calculate fleet-average
emission levels based only on emission levels for testing with
gasoline. You may generate emission credits for banking and trading and
you may use banked or traded credits for demonstrating compliance with
the diurnal plus hot soak emission standard for vehicles required to
meet the Tier 3 standards, other than electric vehicles and gaseous-
fueled vehicles, as described in Sec.  86.1861 starting in model year
2017. You comply with the emission standard for a given model year if
you have enough credits to show that your fleet-average emission level
is at or below the applicable standard. You may exchange credits
between or among evaporative families within an averaging set as
described in Sec.  86.1861. Separate diurnal plus hot soak emission
standards apply for each evaporative/refueling emission family as shown
for high-altitude conditions. The sum of diurnal and hot soak
measurements may not exceed the following Tier 3 standards:

   Table 1 of Sec.   86.1813-17--Tier 3 Diurnal Plus Hot Soak Emission
                                Standards
                            [grams per test]
------------------------------------------------------------------------
                                         Low-altitude
          Vehicle  category           conditions--fleet-   High-altitude
                                            average         conditions
------------------------------------------------------------------------
LDV, LDT1...........................             0.300              0.65
LDT2................................             0.400              0.85
HLDT................................             0.500          \1\ 1.15
HDV.................................             0.600              1.75
------------------------------------------------------------------------
\1\ 1.25 g/test for MDPVs.

* * * * *
0
66. Section 86.1816-18 is amended by revising paragraphs (b)(1)(ii)(C),
(b)(8) introductory text, (b)(12)(iii), and (c) to read as follows:

Sec.  86.1816-18  Emission standards for heavy-duty vehicles.

* * * * *
    (b) * * *
    (1) * * *
    (ii) * * *
    (C) For Class 3 vehicles, the Hot LA-92 driving schedule as
specified in paragraph (c) of Appendix I of this part.
* * * * *
    (8) This paragraph (b)(8) describes an alternative approach to
phasing in the Tier 3 emission standards. If you choose this approach,
you must phase in the Tier 3 standards for all your vehicles subject to
this section according to this schedule. Under this alternative phase
in, you must meet all the standards specified in paragraph (b)(2) of
this section according to the phase-in schedule specified in Table 6 of
this section based on the indicated percentage of your projected
nationwide sales in each model year. These vehicles must meet the
applicable FTP emission standard for CO and the HD-SFTP emission
standards for NMOG+NOX and CO that apply for Class 2b Bin
170 and Class 3 Bin 230 as described in paragraph (b)(4) of this
section. Any vehicles not subject to Tier 3 standards during the phase-
in period must continue to comply with the gaseous exhaust emission
standards in Sec.  86.1816-08. Each vehicle counting toward the PM
phase-in percentage under this paragraph (b)(8) in model years 2019 and
2020 must also be included in the portion of the fleet meeting the Tier
3 standards for pollutants other than PM. Each vehicle counting toward
the phase-in percentage for any pollutant must use the Tier 3 test fuel
specified in Sec.  86.113-15. The following exceptions and special
provisions apply under this paragraph (b)(8):
* * * * *
    (12) * * *
    (iii) Alternate in-use FTP and HD-SFTP standards for
NMOG+NOX apply as specified in the following table:

    Table 7 of Sec.   86.1816-18--Alternate In-use NMOG+NOX Standards
                                [g/mile]
------------------------------------------------------------------------
                                                                HD-SFTP
             Class                    FEL name         FTP        \1\
------------------------------------------------------------------------

2b.............................  Bin 250..........      0.370      1.120

Bin 200........................  0.300............      1.120  .........

Bin 170........................  0.250............      0.630  .........

Bin 150........................  0.220............      0.630  .........
3..............................  Bin 400..........      0.600      0.770

Bin 270........................  0.400............      0.770  .........

Bin 230........................  0.340............      0.490  .........

Bin 200........................  0.300............      0.490  .........
------------------------------------------------------------------------
\1\ For Class 2b vehicles with a power-to-weight ratio at or below 0.024
  hp/pound that are certified to optional standards under paragraphs
  (b)(2) and (4) of this section, the following alternate in-use HD-SFTP
  standards for NMOG+NOX apply instead of those identified in the table:
  0.490 g/mile for Bin 150 and Bin 170; and 0.770 g/mile for Bin 200 and
  Bin 250. Note that vehicles certified to transitional Tier 3 FTP bins
  are not subject to HD-SFTP standards.

* * * * *
    (c) Highway NMOG+NOX exhaust emission standard. For vehicles
certified to any of the Tier 3 standards specified in paragraph (b) of
this section, NMOG+NOX emissions measured on the highway
test cycle in 40 CFR 1066.840 may not exceed the applicable
NMOG+NOX bin standard for FTP testing. Demonstrate
compliance with this standard for low-mileage vehicles by applying the
appropriate deterioration factor.
* * * * *

0
67. Section 86.1829-15 is amended by:
0
a. Revising paragraphs (b)(2) and (d)(1);
0
b. Adding paragraph (d)(6); and
0
c. Revising paragraph (e)(9).
    The revisions and addition read as follows:

Sec.  86.1829-15  Durability and emission testing requirements;
waivers.

* * * * *
    (b) * * *
    (2) Test one EDV in each test group using the FTP, SFTP, and HFET
test procedures in 40 CFR part 1066 to

demonstrate compliance with other exhaust emission standards.
* * * * *
    (d) * * *
    (1) For vehicles subject to the Tier 3 PM standards in Sec.
86.1811, a manufacturer may provide a statement in the application for
certification that vehicles comply with applicable PM standards instead
of submitting PM test data for a certain number of vehicles. However,
each manufacturer must test vehicles from a minimum number of
durability groups as follows:
    (i) Manufacturers with a single durability group subject to the
Tier 3 PM standards in Sec.  86.1811 must submit PM test data for that
group.
    (ii) Manufacturers with two to eight durability groups subject to
the Tier 3 PM standards in Sec.  86.1811 must submit PM test data for
at least two durability groups each model year. EPA will work with the
manufacturer to select durability groups for testing, with the general
expectation that testing will rotate to cover a manufacturer's whole
product line over time. If a durability group has been certified in an
earlier model year based on submitted PM data, and that durability
group is eligible for certification using carryover test data, that
carryover data may count toward meeting the requirements of this
paragraph (d)(1), subject to the selection of durability groups.
    (iii) Manufacturers with nine or more durability groups subject to
the Tier 3 PM standards in Sec.  86.1811 must submit PM test data for
at least 25 percent of those durability groups each model year. We will
work with the manufacturer to select durability groups for testing as
described in paragraph (d)(1)(ii) of this section.
* * * * *
    (6) For model years 2012 through 2016, a manufacturer may provide a
statement in its application for certification that vehicles comply
with the applicable standards instead of measuring N2O
emissions. Such a statement may also be used for model year 2017 and
2018 vehicles only if the application for certification for those
vehicles is based upon data carried over from a prior model year, as
allowed under this subpart. No model year 2019 and later vehicles may
be waived from testing for N2O emissions. Vehicles certified
to N2O standards using a compliance statement instead of
submitting test data are not required to collect and submit
N2O emission data under the in-use testing requirements of
Sec.  86.1845.
    (e) * * *
    (9) For complete vehicles above 10,000 pounds GVWR with fuel tanks
exceeding 35 gallons nominal fuel tank capacity, and for any incomplete
vehicles above 10,000 pounds GVWR, a manufacturer may provide a
statement in the application for certification that vehicles comply
with refueling emission standards instead of submitting test data,
consistent with 40 CFR 1037.103(c).
* * * * *

0
68. Section 86.1844-01 is amended by revising paragraphs (d)(3) and
(d)(7)(i) to read as follows:

Sec.  86.1844-01  Information requirements: Application for
certification and submittal of information upon request.

* * * * *
    (d) * * *
    (3) A description of applicable evaporative/refueling families and
leak families in accordance with the criteria listed in Sec.  86.1821-
01, or as otherwise used to group a product line.
* * * * *
    (7) * * *
    (i) For vehicles certified to any Tier 3 emission standards,
include a comparison of drive-cycle metrics as specified in 40 CFR
1066.425(j) for each drive cycle or test phase, as appropriate.
* * * * *
0
69. Section 86.1845-04 is amended by revising paragraphs (b)(5),
(c)(5), and (f)(2) to read as follows:

Sec.  86.1845-04  Manufacturer in-use verification testing
requirements.

* * * * *
    (b) * * *
    (5) Testing. (i) Each test vehicle of a test group shall be tested
in accordance with the FTP and the US06 portion of the SFTP as
described in subpart B of this part, when such test vehicle is tested
for compliance with applicable exhaust emission standards under this
subpart. Test vehicles subject to applicable exhaust CO2
emission standards under this subpart shall also be tested in
accordance with the HFET as described in 40 CFR 1066.840.
    (ii) For vehicles subject to Tier 3 p.m. standards, manufacturers
must measure PM emissions over the FTP and US06 driving schedules for
at least 50 percent of the vehicles tested under paragraph (b)(5)(i) of
this section.
    (iii) Starting with model year 2018 vehicles, manufacturers must
demonstrate compliance with the Tier 3 leak standard specified in Sec.
86.1813, if applicable, as described in this paragraph (b)(5)(iii).
Manufacturers must evaluate each vehicle tested under paragraph
(b)(5)(i) of this section, except that leak testing is not required for
vehicles tested under paragraph (b)(5)(iv) of this section for diurnal
emissions. In addition, manufacturers must evaluate at least one
vehicle from each leak family for a given model year. Manufacturers may
rely on OBD monitoring instead of testing as follows:
    (A) A vehicle is considered to pass the leak test if the OBD system
completed a leak check within the previous 750 miles of driving without
showing a leak fault code.
    (B) Whether or not a vehicle's OBD system has completed a leak
check within the previous 750 miles of driving, the manufacturer may
operate the vehicle as needed to force the OBD system to perform a leak
check. If the OBD leak check does not show a leak fault, the vehicle is
considered to pass the leak test.
    (C) If the most recent OBD leak check from paragraph (b)(5)(iii)(A)
or (B) of this section shows a leak-related fault code as specified in
Sec.  86.1806-17(b), the vehicle is presumed to have failed the leak
test. Manufacturers may perform the leak measurement procedure
described in 40 CFR 1066.985 for an official result to replace the
finding from the OBD leak check.
    (D) Manufacturers may not perform repeat OBD checks or leak
measurements to over-ride a failure under paragraph (b)(5)(iii)(C) of
this section.
    (iv) For nongaseous-fueled vehicles, one test vehicle of each
evaporative/refueling family shall be tested in accordance with the
supplemental 2-diurnal-plus-hot-soak evaporative emission and refueling
emission procedures described in subpart B of this part, when such test
vehicle is tested for compliance with applicable evaporative emission
and refueling standards under this subpart. For gaseous-fueled
vehicles, one test vehicle of each evaporative/refueling family shall
be tested in accordance with the 3-diurnal-plus-hot-soak evaporative
emission and refueling emission procedures described in subpart B of
this part, when such test vehicle is tested for compliance with
applicable evaporative emission and refueling standards under this
subpart. The test vehicles tested to fulfill the evaporative/refueling
testing requirement of this paragraph (b)(5)(iv) will be counted when
determining compliance with the minimum number of vehicles as specified
in Table S04-06 and Table S04-07 in paragraph (b)(3) of this section
for testing under paragraph (b)(5)(i) of this section only if the
vehicle is also tested for exhaust emissions under the requirements of
paragraph (b)(5)(i) of this section.
* * * * *

    (c) * * *
    (5) Testing. (i) Each test vehicle shall be tested in accordance
with the FTP and the US06 portion of the SFTP as described in subpart B
of this part when such test vehicle is tested for compliance with
applicable exhaust emission standards under this subpart. Test vehicles
subject to applicable exhaust CO2 emission standards under
this subpart shall also be tested in accordance with the HFET as
described in 40 CFR 1066.840. One test vehicle from each test group
shall be tested over the FTP at high altitude. The test vehicle tested
at high altitude is not required to be one of the same test vehicles
tested at low altitude. The test vehicle tested at high altitude is
counted when determining the compliance with the requirements shown in
Table S04-06 and Table S04-07 in paragraph (b)(3) of this section or
the expanded sample size as provided for in this paragraph (c).
    (ii) For vehicles subject to Tier 3 p.m. standards, manufacturers
must measure PM emissions over the FTP and US06 driving schedules for
at least 50 percent of the vehicles tested under paragraph (c)(5)(i) of
this section.
    (iii) Starting with model year 2018 vehicles, manufacturers must
evaluate each vehicle tested under paragraph (c)(5)(i) of this section
to demonstrate compliance with the Tier 3 leak standard specified in
Sec.  86.1813, except that leak testing is not required for vehicles
tested under paragraph (c)(5)(iv) of this section for diurnal
emissions. In addition, manufacturers must evaluate at least one
vehicle from each leak family for a given model year. Manufacturers may
rely on OBD monitoring instead of testing as described in paragraph
(b)(5)(iii) of this section.
    (iv) For nongaseous-fueled vehicles, one test vehicle of each
evaporative/refueling family shall be tested in accordance with the
supplemental 2-diurnal-plus-hot-soak evaporative emission procedures
described in subpart B of this part, when such test vehicle is tested
for compliance with applicable evaporative emission and refueling
standards under this subpart. For gaseous-fueled vehicles, one test
vehicle of each evaporative/refueling family shall be tested in
accordance with the 3-diurnal-plus-hot-soak evaporative emission
procedures described in subpart B of this part, when such test vehicle
is tested for compliance with applicable evaporative emission and
refueling standards under this subpart. The vehicles tested to fulfill
the evaporative/refueling testing requirement of this paragraph
(c)(5)(iv) will be counted when determining compliance with the minimum
number of vehicles as specified in Table S04-06 and table S04-07 in
paragraph (b)(3) of this section for testing under paragraph (c)(5)(i)
of this section only if the vehicle is also tested for exhaust
emissions under the requirements of paragraph (c)(5)(i) of this
section.
* * * * *
    (f) * * *
    (2) For flexible-fueled vehicles certified to NMOG (or
NMOG+NOX) standards, the manufacturer may ask for EPA
approval to demonstrate compliance using an equivalent NMOG emission
result calculated from a ratio of ethanol NMOG exhaust emissions to
gasoline NMHC exhaust emissions. Ethanol NMOG exhaust emissions are
measured values from testing with the ethanol test fuel, expressed as
NMOG. Gasoline NMHC exhaust emissions are measured values from testing
with the gasoline test fuel, expressed as NMHC. This ratio must be
established during certification for each emission-data vehicle for the
applicable test group. Use good engineering judgment to establish a
different ratio for each duty cycle or test interval as appropriate.
Identify the ratio values you develop under this paragraph (f)(2) and
describe the duty cycle or test interval to which they apply in the
Part II application for certification. Calculate the equivalent NMOG
emission result by multiplying the measured gasoline NMHC exhaust
emissions for a given duty cycle or test interval by the appropriate
ratio.
* * * * *

0
70. Section 86.1846-01 is amended by revising paragraphs (b)(1)(i) and
(ii) to read as follows:

Sec.  86.1846-01  Manufacturer in-use confirmatory testing
requirements.

* * * * *
    (b) * * *
    (1) * * *
    (i) Additional testing is not required under this paragraph (b)(1)
based on Supplemental FTP testing or evaporative/refueling testing.
Testing conducted at high altitude under the requirements of Sec.
86.1845-04(c) will be included in determining if a test group meets the
criteria triggering the testing required under this section.
    (ii) The vehicle designated for testing under the requirements of
Sec.  86.1845-04(c)(2) with a minimum odometer reading of 105,000 miles
or 75% of useful life, whichever is less, will not be included in
determining if a test group meets the triggering criteria.
* * * * *

0
71. Section 86.1861-17 is amended by revising paragraphs (a) and (b)(1)
to read as follows:

Sec.  86.1861-17  How do the NMOG+NOX and evaporative
emission credit programs work?

* * * * *
    (a) Calculate emission credits as described in this paragraph (a)
instead of using the provisions of 40 CFR 1037.705. Calculate positive
or negative emission credits relative to the applicable fleet-average
standard. Calculate positive emission credits if your fleet-average
level is below the standard. Calculate negative emission credits if
your fleet-average value is above the standard. Calculate credits
separately for each type of standard and for each averaging set.
Calculate emission credits using the following equation, rounded to the
nearest whole number:

Emission credit=Volume [middot] [Fleet average standard-Fleet average
value]

Where:

Emission credit = The positive or negative credit for each discrete
fleet-average standard, in units of vehicle-grams per mile for
NMOG+NOX and vehicle-grams per test for evaporative
emissions.
Volume = Sales volume in a given model year from the collection of
test groups or evaporative families covered by the fleet-average
value, as described in Sec.  86.1860.

    (b) * * *
    (1) Except as specified in paragraph (b)(2) of this section,
emission credits may be exchanged only within an averaging set, as
follows:
    (i) HDV represent a separate averaging set with respect to all
emission standards.
    (ii) Except as specified in paragraph (b)(1)(iii) of this section,
LDV and LDT represent a single averaging set with respect to all
emission standards. Note that FTP and SFTP credits are not
interchangeable.
    (iii) LDV and LDT1 certified to standards based on a useful life of
120,000 miles and 10 years together represent a single averaging set
with respect to NMOG+NOX emission standards. Note that FTP
and SFTP credits are not interchangeable.
    (iv) The following separate averaging sets apply for evaporative
emission standards:
    (A) LDV and LDT1 together represent a single averaging set.
    (B) LDT2 represents a single averaging set.
    (C) HLDT represents a single averaging set.
    (D) HDV represents a single averaging set.
* * * * *

0
72. Appendix I to part 86 is amended by revising paragraph (c)
introductory text to read as follows:

Appendix I to Part 86--Dynamometer Schedules

* * * * *
    (c) EPA driving schedule for class 3 heavy-duty vehicles. This
driving schedule is also known as the LA-92 cycle. The first 1,435
seconds are the Hot LA-92 driving schedule.
* * * * *

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

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

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

Subpart B--[Amended]

0
74. Section 600.116-12 is amended by revising paragraph (c)(5) to read
as follows:

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

* * * * *
    (c) * * *
    (5) The End-of-Test criterion is based on a 1 percent Net Energy
Change as specified in Section 3.8 of SAE J1711. We may approve
alternate Net Energy Change tolerances as specified in Section 3.9.1 of
SAE J1711 for charge-depleting tests or Appendix C of SAE J1711 for
charge-sustaining tests if the 1 percent threshold is insufficient or
inappropriate. For charge-sustaining tests, we may approve the use of
alternate Net Energy Change tolerances as specified in Appendix C of
SAE J1711 to correct final fuel economy values, CO2
emissions, and carbon-related exhaust emissions. For charge-sustaining
tests, do not use alternate Net Energy Change tolerances to correct
emissions of criteria pollutants. Additionally, if we approve an
alternate End-of-Test criterion or Net Energy Change tolerances for a
specific vehicle, we may use the alternate criterion or tolerances for
any testing we conduct on that vehicle.
* * * * *

0
75. Section 600.117 is amended by revising paragraphs (a), (b), (c),
and (d) to read as follows:

Sec.  600.117  Interim provisions.

* * * * *
    (a) Except as specified in paragraph (e) of this section,
manufacturers must demonstrate compliance with greenhouse gas emission
standards and determine fuel economy values using E0 gasoline test fuel
as specified in 40 CFR 86.113-04(a)(1), regardless of any testing with
Tier 3 test fuel under paragraph (b) of this section.
    (b) Manufacturers may demonstrate that vehicles comply with Tier 3
emission standards as specified in 40 CFR part 86, subpart S, during
fuel economy measurements using the E0 gasoline test fuel specified in
40 CFR 86.113-04(a)(1), as long as this test fuel is used in fuel
economy testing for all applicable duty cycles specified in 40 CFR part
86, subpart S. If a vehicle fails to meet a Tier 3 emission standard
using the E0 gasoline test fuel specified in 40 CFR 86.113-04(a)(1),
the manufacturer must retest the vehicle using the Tier 3 test fuel
specified in 40 CFR 1065.710(b) (or the equivalent LEV III test fuel
for California) to demonstrate compliance with all applicable emission
standards over that test cycle.
    (c) If a manufacturer demonstrates compliance with emission
standards for criteria pollutants over all five test cycles using the
Tier 3 test fuel specified in 40 CFR 1065.710(b) (or the equivalent LEV
III test fuel for California), the manufacturer may use test data with
the same test fuel to determine whether a test group meets the criteria
described in Sec.  600.115 for derived 5-cycle testing for fuel economy
labeling. Such vehicles may be tested over the FTP and HFET cycles with
the E0 gasoline test fuel specified in 40 CFR 86.113-04(a)(1) under
this paragraph (c); the vehicles must meet the Tier 3 emission
standards over those test cycles as described in paragraph (b) of this
section.
    (d) Manufacturers may perform testing with the appropriate gasoline
test fuels specified in 40 CFR 86.113-04(a)(1), 40 CFR 86.213(a)(2),
and in 40 CFR 1065.710(b) to evaluate whether their vehicles meet the
criteria for derived 5-cycle testing under 40 CFR 600.115. All five
tests must use test fuel with the same nominal ethanol concentration.
* * * * *

PART 1037--CONTROL OF EMISSIONS FROM NEW HEAVY-DUTY MOTOR VEHICLES

0
76. The authority citation for part 1037 continues to read as follows:

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

Subpart B--Emission Standards and Related Requirements

0
77. Section 1037.103 is amended by revising paragraphs (b)(6) and (f)
to read as follows:

Sec.  1037.103  Evaporative and refueling emission standards.

* * * * *
    (b) * * *
    (6) Vehicles not yet subject to the Tier 3 standards in 40 CFR
86.1813 must meet evaporative emission standards as specified in
Sec. Sec.  86.008-10(b)(1) and (2) for Otto-cycle applications and
86.007-11(b)(3)(ii) and (b)(4)(ii) for diesel-cycle applications.
* * * * *
    (f) Useful life. Your vehicles must meet the evaporative emission
standards of this section throughout their useful life, expressed in
service miles or calendar years, whichever comes first. The useful life
values for the standards of this section are described in 40 CFR
86.1805.
* * * * *

0
78. Section 1037.104 is amended by revising paragraph (e) to read as
follows:

Sec.  1037.104  Exhaust emission standards for CO2,
CH4, and N2O for heavy-duty vehicles at or below
14,000 pounds GVWR.

* * * * *
    (e) Useful life. Your vehicles must meet the exhaust emission
standards of this section throughout their full useful life, expressed
in service miles or calendar years, whichever comes first. The useful
life values for the standards of this section are those that apply to
model year 2014 vehicles for criteria pollutants under 40 CFR part
86.1805-12.
* * * * *

0
79. Section 1037.135 is amended by revising paragraph (c)(9) to read as
follows:

Sec.  1037.135  Labeling.

* * * * *
    (c) * * *
    (9) If you rely on another company to design and install fuel tanks
in incomplete vehicles that use an evaporative canister for controlling
diurnal emissions, include the following statement: ``THIS VEHICLE IS
DESIGNED TO COMPLY WITH EVAPORATIVE EMISSION STANDARDS WITH UP TO x
GALLONS OF FUEL TANK CAPACITY.'' Complete this statement by identifying
the maximum specified fuel tank capacity associated with your
certification.
* * * * *

PART 1043--CONTROL OF NOX, SOX, AND PM
EMISSIONS FROM MARINE ENGINES AND VESSELS SUBJECT TO THE MARPOL
PROTOCOL

0
80. The authority citation for part 1043 is revised to read as follows:

    Authority:  33 U.S.C. 1901-1912.

Sec.  1043.5  [Amended]

0
81. Section 1043.5 is amended by removing and reserving paragraph (b).

0
82. Section 1043.10 is amended by revising paragraphs (a)(2)
introductory text, (a)(2)(iii), and (b)(2) to read as follows:

Sec.  1043.10  Applicability.

    (a) * * *
    (2) Vessels that operate only domestically and conform to the
requirements of this paragraph (a)(2) are excluded from Regulation 13
of Annex VI and the NOX-related requirements of this part
(including the requirement to obtain an EIAPP certificate and to keep a
Technical File and an Engine Book of Record Parameters). For the
purpose of this exclusion, the phrase ``operate only domestically''
means the vessels do not enter waters subject to the jurisdiction or
control of any foreign country, except for Canadian portions of the
Great Lakes. (See Sec. Sec.  1043.60 and 1043.70 for provisions related
to fuel use by such vessels). To be excluded, the vessel must conform
to each of the following provisions:
* * * * *
    (iii) Any engine installed in the vessel that is not covered by an
EIAPP certificate must be labeled as specified in 40 CFR 1042.135 with
respect to whether it meets the requirements of Regulation 13 of Annex
VI.
    (b) * * *
    (2) For non-public vessels flagged by a country that is not a party
to Annex VI, the requirements of this part apply in the same manner as
apply for Party vessels, except as otherwise provided in this part. For