that differ from A/C-off calibrations may be used for a given set of
engine operating conditions (e.g., engine speed, manifold pressure,
coolant temperature, air charge temperature, and any other parameters).
Such calibrations must not unnecessarily reduce emission control
effectiveness during A/C-on operation when the vehicle is operated
under conditions that may reasonably be expected during normal
operation and use. If emission control effectiveness decreases as a
result of such calibrations, the manufacturer must describe in the
Application for Certification the circumstances under which this occurs
and the reason for using these calibrations.
    (ii) For AECDs involving commanded enrichment, these AECDs must not
operate differently for A/C-on operation than for A/C-off operation,
except as provided under paragraph (d)(2) of this section. This
includes both the sensor inputs for triggering enrichment and the
degree of enrichment employed.
    (4) ``Lean-on-cruise'' calibration strategies. Manufacturers may
use ``lean-on-cruise'' strategies subject to the following
specifications:
    (i) A ``lean-on-cruise'' strategy is defined as the use of an air-
fuel ratio significantly leaner than stoichiometry during non-
deceleration conditions at speeds above 40 mph.
    (ii) You must not employ ``lean-on-cruise'' strategies during
vehicle operation in normal driving conditions, including A/C usage,
unless at least one of the following conditions is met:
    (A) Such strategies are substantially employed during the FTP,
US06, or SC03 duty cycle.
    (B) Such strategies are demonstrated not to significantly reduce
vehicle emission control effectiveness over the operating conditions in
which they are employed.
    (C) Such strategies are demonstrated to be necessary to protect the
vehicle occupants, engine, or emission control hardware.
    (iii) If you propose to use a ``lean-on-cruise'' strategy, you must
describe in the application for certification the circumstances under
which such a calibration would be used and the reasons for using it.
    (e) through (f) [Reserved]
    (g) Cold temperature exhaust emission standards. The following
standards apply for vehicles tested over the test procedures specified
in subpart C of this part:
    (1) Cold temperature CO standards. These cold temperature CO
standards are applicable only to gasoline-fueled vehicles. These
standards apply for testing at low-altitude conditions and high-
altitude conditions. Cold temperature CO exhaust emission standards
apply when measured using the test procedures specified in subpart C of
this part, 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. Fleet average cold temperature
NMHC standards are applicable only to gasoline-fueled vehicles, and
apply equally to certification and in-use except as otherwise specified
in Sec.  86.1811-10(u) for in-use standards for applicable phase-in
models. Testing with other fuels such as a high-level ethanol-gasoline
blend, or testing on diesel vehicles, is not required. Multi-fuel, bi-
fuel or dual-fuel vehicles must comply with requirements using gasoline
only.

    (i) The standards are shown in the following table:

    Table 5 of Sec.   86.1811-17--Fleet Average Cold Temperature NMHC
                       Exhaust Emission Standards
------------------------------------------------------------------------
                                                        Cold temperature
                                                          NMHC sales-
               Vehicle weight category                   weighted fleet
                                                        average standard
                                                            (g/mile)
------------------------------------------------------------------------
LDV and LLDT.........................................                0.3
HLDT.................................................                0.5
------------------------------------------------------------------------

    (ii) The manufacturer must calculate its fleet average cold
temperature NMHC emission level(s) as described in Sec.  86.1864-10(m).
    (iii) The standards specified in this paragraph (g)(2) apply only
for testing at low-altitude conditions. However, manufacturers must
submit an engineering evaluation indicating that common calibration
approaches are utilized at high altitudes. Any deviation from low
altitude emission control practices must be included in the auxiliary
emission control device (AECD) descriptions submitted at certification.
Any AECD specific to high altitude must require engineering emission
data for EPA evaluation to quantify any emission impact and validity of
the AECD.
    (h) Small-volume manufacturers. Small-volume manufacturers may use
the following Tier 3 phase-in provisions:
    (1) Instead of the fleet-average FTP standards for
NMOG+NOX specified in this section, small-volume
manufacturers may meet alternate fleet-average standards of 0.125 g/
mile through model year 2021, and 0.051 g/mile for model years 2022
through 2027. The following additional provisions apply for vehicles
certified under this paragraph (h)(1):
    (i) Vehicles are subject to exhaust emission standards over the
useful life as specified in Sec.  86.1805-12 through model year 2021,
and as specified in this section starting in model year 2022.
    (ii) Gasoline-fueled vehicles may use the E0 test fuel specified in
Sec.  86.113-04 for vehicles certified to bins higher than Bin 70
through model year 2021.
    (iii) Vehicles certified under this paragraph (h)(1) may generate
emission credits and they may use banked or traded emission credits
relative to the alternate fleet-average FTP standard for
NMOG+NOX only in model years 2022 through 2027.
    (iv) Vehicles are subject to all the other requirements specified
in this section.
    (2) Small-volume manufacturers may delay complying with all the
requirements of this section until model year 2022, and instead meet
all the requirements that apply to Tier 2 vehicles under Sec.  86.1811-
10 for 2021 and earlier model years.
    (3) If meeting the Tier 3 standards would cause severe economic
hardship, small-volume manufacturers may ask us to approve an extended
compliance deadline under the provisions of 40 CFR 1068.250, except
that the solvency criterion does not apply and there is no maximum
duration of the hardship relief.

Sec. Sec.  86.1812-01 and 86.1813-01  [Removed]

0
179. Remove Sec. Sec.  86.1812-01 and 86.1813-01.

0
180. A new Sec. 86.1813-17 is added to subpart S to read as follows:

Sec.  86.1813-17  Evaporative and refueling emission standards.

    Vehicles must meet evaporative and refueling emission standards as
specified in this section. These standards apply for heavy duty
vehicles above 14,000 pounds GVWR as specified in Sec.  86.1801. The
emission standards apply for total hydrocarbon equivalent (THCE)
measurements using the test procedures specified in subpart B of this
part, as appropriate. Note that Sec.  86.1829 allows you to certify
without testing in certain circumstances. Except as specified in
paragraph (b) of this section, evaporative and refueling emission
standards do not apply for diesel-fueled vehicles. Unless otherwise
specified, MDPVs are subject to all the same provisions of this section
that apply to LDT4.
    (a) Tier 3 evaporative emission standards. Vehicles may not exceed
the Tier 3 evaporative emission standards, as follows:
    (1) Measure emissions using the test procedures of subpart B of
this part, as follows:
    (i) Follow the vehicle preconditioning and exhaust testing
procedures as described in subpart B of this part.
    (ii) Measure diurnal, running loss, and hot soak emissions as shown
in Sec.  86.130. This includes separate measurements for the two-
diurnal test sequence and the three-diurnal test sequence; however,
gaseous-fueled vehicles are not subject to evaporative emission
standards using the two-diurnal test sequence.
    (iii) For gasoline-fueled vehicles, use E10 test fuel as required
in Sec.  86.113, except as specified in this section.
    (iv) Emissions are generally measured with a flame ionization
detector (FID). In the case of 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. You may
instead determine total hydrocarbon equivalent for E10 testing based on
speciated measurements as described in Sec.  86.143-96(c). You must use
the same method (with or without speciation) for all of the specified
evaporative testing for a given evaporative/refueling family.
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
only if you also use it to determine your final test results.
    (2) Diurnal and hot soak emissions may not exceed the Tier 3
emission standards, as follows:
    (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 as shown for high-altitude conditions. The sum of
diurnal and hot soak measurements may not exceed the following fleet-
average Tier 3 standards:

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

    (ii) Specify FELs as follows:
    (A) You may specify the low-altitude FEL in increments of 0.025 g
above or below the otherwise applicable Tier 3 diurnal plus hot soak
standard, up to the maximum values specified in the following table:

 Table 2 of Sec.   86.1813-17--Tier 3 FEL Caps for Low-Altitude Testing
------------------------------------------------------------------------
                    Vehicle category                         FEL Caps
------------------------------------------------------------------------
LDV.....................................................           0.500
LLDT....................................................           0.650
HLDT....................................................           0.900
MDPV....................................................           1.000
HDV.....................................................             1.4
------------------------------------------------------------------------

    (B) Calculate the FEL for testing at high-altitude conditions based
on the difference between the low-altitude FEL and the standard. For
example, if a light-duty vehicle was certified with an FEL of 0.400 g
instead of the 0.300 g standard, the FEL for testing under high-
altitude conditions would be 0.75 g (0.65+0.10).
    (iii) Hydrocarbon emissions must not exceed 0.020 g for LDV and LDT
and 0.030 g for HDV when tested using the Bleed Emission Test Procedure
adopted by the California Air Resources Board as part of the LEV III
program. This procedure quantifies diurnal emissions without measuring
hot soak emissions. The standards in this paragraph (a)(2)(iii) do not
apply for testing at high-altitude conditions. For vehicles with non-
integrated refueling canisters, the bleed emission test and standard do
not apply to the refueling canister. You may perform the Bleed Emission
Test Procedure using the analogous test temperatures and the E10 test
fuel specified in subpart B of this part.
    (3) Running losses may not exceed 0.05 g per mile when measured
using the test procedures specified in Sec.  86.134. This standard does
not apply for gaseous-fueled vehicles.
    (4) Fuel systems for vehicles operating on one or more volatile
liquid fuels may not exceed an effective leak diameter of 0.02 inches
when measured using the procedure specified in 40 CFR 1066.985. For
vehicles with fuel tanks exceeding 25 gallons nominal fuel tank
capacity, you may request our approval for a leak standard greater than
0.020 inches, up to a maximum value of 0.040 inches.
    (5) The Tier 3 evaporative emission standards start to phase in
with model year 2017 for vehicles at or below 6,000 pounds GVWR and
with model year 2018 for vehicles above 6,000 pounds GVWR. Table 3 of
this section specifies the minimum percentage of each manufacturer's
sales in each model year that must be certified to the Tier 3
evaporative emission standards. Calculate annual percentages based on
actual nationwide sales of all vehicles subject to standards under this
paragraph (a) for the applicable model year; however, if all your FELs
for Tier 3 evaporative families are at the applicable standard (neither
generating nor using emission credits), the phase-in requirements are
based on projected sales. Also, if you certify vehicles above 6,000
pounds GVWR to the Tier 3 evaporative emission standards in model year
2017, you may count projected U.S. sales of those vehicles toward your
calculation for meeting the 40 percent requirement in 2017 (numerator
only). Manufacturers may meet this requirement using the additional
alternative phase-in provisions in paragraph (g) of this section.
Vehicles from the identified model years not certified to the Tier 3
evaporative emission standards continue to be subject to the
evaporative emission standards specified in Sec.  86.1811-09(e) or
Sec.  86.1816-08(d), including the useful life provisions of Sec.
86.1805-12. Note that this subjects LDV and LDT1 to a 150,000 mile
useful life for evaporative emissions if the vehicles are subject to a
150,000 mile useful life for exhaust emissions. Keep records as needed
to show that you meet the phase-in requirements specified in this
section. See paragraph (g) of this section for additional provisions
that apply for model year 2017 and the rest of the phase-in.

   Table 3 of Sec.   86.1813-17--Default Phase-In Schedule for Tier 3
                     Evaporative Emission Standards
------------------------------------------------------------------------
                                                            Minimum
                                                         percentage of
                     Model year                        vehicles subject
                                                        to  the Tier 3
                                                           standards
------------------------------------------------------------------------
2017................................................              1,2 40
2018................................................                  60
2019................................................                  60
2020................................................                  80
2021................................................                  80
2022................................................                100
------------------------------------------------------------------------
\1\ The phase-in percentage for model year 2017 applies only for
  vehicles at or below 6,000 pounds GVWR.
\2\ The leak standard specified in paragraph (a)(4) of this section does
  not apply for model year 2017.

    (6) For model year 2017, exclude vehicle sales from California and
section 177 states from the calculation to demonstrate compliance with
the phase-in schedule in paragraph (a)(5) or (g) of this section, and
from the credit calculation in Sec.  86.1860.
    (b) Refueling emissions. Light-duty vehicles, light-duty trucks,
and complete heavy-duty vehicles must meet the refueling emission
standards in this paragraph (b) when measured over the procedure
specified in Sec.  86.150. These standards apply starting with model
year 2018 for vehicles above 10,000 pounds GVWR. The following
refueling standards apply:
    (1) 0.20 g THCE per gallon of fuel dispensed for vehicles using
volatile liquid fuels. This standard also applies for diesel-fueled
LDV.
    (2) 0.15 g THC per gallon of fuel dispensed for liquefied petroleum
gas-fueled vehicles and natural gas-fueled vehicles.
    (c) Fuel spitback. For vehicles fueled by volatile liquid fuels,
fuel spitback emissions may not exceed 1.0 g THCE when measured using
the test procedures specified in Sec.  86.146. The fuel spitback
standard applies only to newly assembled vehicles.
    (d) [Reserved]
    (e) Auxiliary engines and separate fuel systems. The provisions of
40 CFR 1037.103(g) apply for vehicles with auxiliary engines. This
includes any engines installed in the final vehicle configuration that
contribute no motive power through the vehicle's transmission.
    (f) Refueling provisions for gaseous-fueled vehicles. The following
provisions apply specifically for gaseous-fueled vehicles:
    (1) Compressed natural gas vehicles must meet the requirements for
fueling connection devices as specified in ANSI NGV1-2006 (incorporated
by reference in Sec.  86.1).
    (2) [Reserved]

    (3) With our advance approval, liquefied petroleum gas-fueled
vehicles with gauges or valves that can be opened to release fuel or
fuel vapor during refueling (such as fixed liquid level gauges) may be
tested for refueling emissions without opening such gauges or valves,
as outlined in Sec.  86.157-98(d)(2). We will approve your request if
you can show that such gauges or valves will not be open during in-use
refueling due to inaccessibility or other design features that would
prevent them from opening or make this very unlikely.
    (g) Alternative phase-in options for Tier 3 evaporative emission
standards. You may use any of the following alternative methods to
transition to the Tier 3 evaporative emission standards:
    (1) Starting in model year 2015, you may earn an ``allowance'' for
each vehicle that you certify early under this paragraph (g)(1). For
each allowance you earn, you may count it as one compliant vehicle in a
later model year during the phase-in period. Calculate the total phase-
in percentage in each model year by adding the allowances to the number
of compliant vehicles (in the numerator), without increasing total
sales (in the denominator). For each allowance you earn, you may
alternatively count it as one compliant vehicle under the phase-in
schedule described in paragraph (g)(5) of this section, except that you
may not use those allowances to increase the value of the phase-in
index from any model year by more than 10 percentage points. Vehicles
earning allowances under this paragraph (g)(1) may not have an FEL
above the applicable Tier 3 standard, and may not generate emission
credits for banking or trading. Allowances may not be traded to another
company. You may earn allowances under this paragraph (g)(1) for early-
compliant vehicles as follows:
    (i) Model year 2015 and 2016 vehicles at or below 6,000 pounds GVWR
meeting the Tier 3 standards in paragraph (a) of this section or the
equivalent California standards as specified in paragraph (g)(4) of
this section earn allowances, as long as the vehicles are not sold in
California or any of the section 177 states.
    (ii) Model year 2015 through 2017 LDV and LDT above 6,000 pounds
GVWR meeting the Tier 3 standards in paragraph (a) of this section or
the equivalent California standards as specified in paragraph (g)(4) of
this section earn allowances, as long as the vehicles are not sold in
California or any of the section 177 states.
    (iii) Model year 2015 through 2017 MDPV and HDV meeting the Tier 3
standards in paragraph (a) of this section or the equivalent California
standards as specified in paragraph (g)(4) of this section earn
allowances for vehicles sold in any state.
    (iv) To the extent that you over-comply with the 40-percent phase-
in requirement in model year 2017, you may count your actual U.S. sales
exceeding the required number of Tier 3 vehicles as allowances toward
meeting the phase-in requirement in 2018 and later model years.
    (v) For HDV above 10,000 pounds GVWR and at or below 14,000 pounds
GVWR that you certify to the refueling emission standards in paragraph
(b) of this section in model years 2015 through 2017 and sell outside
of California and the section 177 states, a single vehicle may produce
two allowances if it is certified to the Tier 3 diurnal plus hot soak
standard. Allowances earned under this paragraph (g)(1)(v) may
alternatively be used in model years 2018 through 2022 to phase in the
refueling standard, except that a single early-compliant vehicle
produces only a single allowance.
    (vi) Complete HDV above 14,000 pounds GVWR and all sizes of
incomplete HDV earn allowances as described in paragraph (g)(1)(v) of
this section if they are certified to the refueling emission standards
in paragraph (b) of this section in model years 2015 through 2021.
    (2) The following alternative phase-in options apply for model year
2017:
    (i) You may disregard the percentage phase-in specified in
paragraph (a)(5) of this section for 2017 if you choose 50-state
certification for all your vehicles meeting the LEV III PZEV
evaporative standards in 2017. Under this option, you may not produce a
higher-emitting version of those vehicle models for sale outside of
California or the section 177 states. Such vehicles may be certified
using carryover data under the California program, but they may not
generate or use emission credits. LDV and LDT1 that comply under this
paragraph (g)(2)(i) may not generate allowances under paragraph (g)(1)
of this section, regardless of the calculated percentage of compliant
vehicles in model year 2017.
    (ii) You may comply with the phase-in requirement for model year
2017 by meeting the Tier 3 emission standards for diurnal plus hot
soak, running loss, and bleed emissions (or the equivalent set of
California standards as allowed in this section) with 20 percent of
vehicles at or below 6,000 pounds GVWR, and by meeting the leak
standard in paragraph (a)(2)(iii) of this section with 20 percent of
vehicles at or below 6,000 pounds GVWR. You may optionally include
vehicles above 6,000 pounds GVWR under this paragraph (g)(2)(ii) to
calculate the percentage (numerator only) if they meet the leak and/or
evaporative emission standards in model year 2017. Vehicles complying
with Tier 3 evaporative emission standards may generate or use emission
credits relative to the diurnal plus hot soak standard as specified in
this section, but they may not generate allowances. You may apply this
option and use the alternative phase-in calculation in paragraph (g)(4)
of this section, subject to the following conditions:
    (A) You must meet or exceed the 20 percent threshold for both
evaporative emissions and the leak standard.
    (B) All the vehicles meeting the leak standard must also meet the
Tier 3 evaporative emission standards and the OBD requirements in Sec.
86.1806-17(b)(1).
    (C) Determine the appropriate percentage for calculating compliance
under paragraph (g)(4) of this section by adding 20 to the percentage
of vehicles meeting the Tier 3 evaporative emission standards to
account for vehicles meeting the leak standard. Do not increase the
percentage based on meeting the leak standard with more than 20 percent
of your vehicles in model year 2017.
    (3) If you certify model year 2021 or earlier vehicles to the LEV
III evaporative emission standards in California, you may certify those
as Tier 3 vehicles that count toward meeting the phase-in requirements
of this section. Such vehicles must still be certified to the high-
altitude standards in paragraph (a)(2) of this section and the leak
standard specified in paragraph (a)(4) of this section. You may not
certify vehicles under this paragraph (g)(3) after model year 2021.
Vehicles meeting the LEV III standards may also generate allowances
under paragraph (g)(1) of this section; however, these vehicles may
generate or use emission credits under this subpart only if they are
not used to generate allowances and if they are certified using the
Option 2 procedures under the LEV III program (including the bleed
emission test). Vehicles may be certified under this paragraph (g)(3)
based on the rig test (``Option 1'') if they are certified to LEV III
standards based on the rig test before model year 2017; this
certification option applies through model year 2021. Include these
Option 1 vehicles in the calculation of fleet average emissions by
using the appropriate Tier 3 emission standard as the FEL. Note that
the rig test is considered a diurnal test with

respect to the provisions to account for ethanol emissions as described
in paragraph (a)(1)(iv) of this section.
    (4) If you fall short of the phase-in percentage specifications in
paragraph (a)(5) of this section, you may designate the requisite
number of Tier 2 vehicles as Tier 3 vehicles for purposes of
demonstrating compliance with the Tier 3 standards in this section. To
do this, factor those Tier 2 vehicles into the Tier 3 fleet-average
emission calculation using an FEL that is equal to the applicable
diurnal plus hot soak standard from the two-day test sequence. The Tier
3 emission standards do not apply to these Tier 2 vehicles. In
addition, you may disregard the phase-in percentages specified in
paragraph (a)(5) of this section if you instead comply based on one of
the following alternative measures:
    (i) You may comply with an alternate phase-in schedule described in
this paragraph (g)(4)(i). To do this, you must give us a detailed plan
for describing how you will meet the alternate phase-in schedule. You
comply with the alternate phase-in schedule by calculating an
evaporative phase-in index using the following equation that is at or
above 1,280 for model years 2017 through 2022 (or 1,040 for model years
2018 through 2022 if you use the provisions of paragraph (g)(2)(i) of
this section):

Evaporative phase-in index = 6[middot]APP2017 +
5[middot]APP2018 + 4[middot]APP2019 +
3[middot]APP2020 + 2[middot]APP2021 +
APP2022

Where:

APP = The phase-in percentage of vehicles meeting the Tier 3
evaporative emission standards for the indicated model year, based
on actual sales, as described in paragraph (a)(5) of this section.

    (ii) You may comply with an alternate phase-in schedule described
in this paragraph (g)(4)(ii). To do this, you must give us a detailed
plan for describing how you will meet the alternate phase-in schedule.
You comply with the alternate phase-in schedule by calculating an
evaporative phase-in index using the following equation that is at or
above 420 for model years 2017 through 2022 (or 380 for model years
2018 through 2022 if you use the provisions of paragraph (g)(2)(i) of
this section):

Evaporative phase-in index = APP2017 + APP2018 +
APP2019 + APP2020 + APP2021 +
APP2022

Where:

APP = The phase-in percentage of vehicles meeting the Tier 3
evaporative emission standards for the indicated model year, based
on actual sales, as described in paragraph (a)(5) of this section.

    (5) This paragraph (g)(5) describes an alternative approach to
phasing in the evaporative and refueling emission standards for
gaseous-fueled vehicles above 8,500 pounds GVWR. Under this alternative
phase-in, you may disregard the requirements of this section related to
evaporative emission standards that apply for these vehicles before
model year 2019. Similarly, you may disregard the refueling emission
standards of this section before model year 2019 for vehicles above
10,000 pounds GVWR. For model year 2019, you may exclude from the
phase-in calculation any evaporative families with vehicles that have a
Job 1 date on or before March 3, 2018 (see 40 CFR 85.2304). Any
vehicles not subject to Tier 3 evaporative emission standards during
this phase-in period must continue to comply with the evaporative
emission standards in Sec.  86.1816-08(d); such vehicles are subject to
the useful life provisions in Sec.  86.1805-12 relative to evaporative
emission standards. Each vehicle counting toward the phase-in
percentage under this paragraph (g)(5) must meet all the standards that
apply throughout the useful life as specified in Sec.  86.1805-17.
    (h) Small-volume manufacturers. Small-volume manufacturers meeting
the eligibility requirements in Sec.  86.1838 may delay complying with
the requirements in this section until model year 2022. If meeting the
Tier 3 standards would cause severe economic hardship, such
manufacturers may ask us to approve an extended compliance deadline
under the provisions of 40 CFR 1068.250, except that the solvency
criterion does not apply and there is no maximum duration of the
hardship relief.

Sec. Sec.  86.1814-01, 86.1814-02, 86.1815-01, and 86.1815-
02  [Removed]

0
181. Remove Sec. Sec.  86.1814-01, 86.1814-02, 86.1815-01, and 86.1815-
02.
0
182. A new Sec.  86.1816-18 is added to subpart S to read as follows:

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

    (a) Applicability and general provisions. This section describes
exhaust emission standards that apply for model year 2018 and later
complete heavy-duty vehicles. These standards are optional for
incomplete heavy-duty vehicles and for heavy duty vehicles above 14,000
pounds GVWR as described in Sec.  86.1801. Greenhouse gas emission
standards are specified in Sec.  86.1818 for MDPVs and in 40 CFR
1037.104 for other HDV. See Sec.  86.1813 for evaporative and refueling
emission standards. This section may apply to vehicles before model
year 2018 as specified in paragraph (b)(11) of this section. Separate
requirements apply for MDPVs as specified in Sec.  86.1811. See subpart
A of this part for requirements that apply for incomplete heavy-duty
vehicles and for heavy-duty engines certified independent of the
chassis. The following general provisions apply:
    (1) Test all vehicles as described in this section using a chassis
dynamometer; establish appropriate load settings based on adjusted
loaded vehicle weight (see Sec.  86.1803).
    (2) Some provisions apply differently depending on the vehicle's
power-to-weight ratio. Determine a vehicle's power-to-weight ratio by
dividing the engine's rated power by the vehicle's GVWR (in hp/pound).
For purposes of this section, if a test group includes multiple
configurations, use the vehicle with the highest power-to-weight ratio
to characterize the test group.
    (3) Use E10 test fuel as required in Sec.  86.113, except as
specified in this section.
    (4) Measure emissions from hybrid electric vehicles (including
plug-in hybrid electric vehicles) as described in 40 CFR part 1066,
subpart F, except that these procedures do not apply for plug-in hybrid
electric vehicles during charge-depleting operation.
    (b) Tier 3 exhaust emission standards. Exhaust emissions may not
exceed the Tier 3 exhaust emission standards, as follows:
    (1) Measure emissions using the procedures of subpart B of this
part, using specific driving schedules and additional procedures as
follows:
    (i) The Federal Test Procedure (FTP) is based on testing with the
Urban Dynamometer Driving Schedule (UDDS) specified in paragraph (a) of
Appendix I of this part.
    (ii) The Heavy-Duty Supplemental Federal Test Procedure (HD-SFTP)
involves testing with the UDDS, the SC03 driving schedule specified in
paragraph (h) of Appendix I of this part, and one of the following
additional driving schedules:
    (A) For Class 2b vehicles, the US06 driving schedule specified in
paragraph (g) of Appendix I of this part.
    (B) 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 highway portion of the
US06 driving schedule characterized as the ``second bag'' in Sec.
86.159-08(a).
    (C) For Class 3 vehicles, the LA-92 driving schedule as specified
in paragraph (c) of Appendix I of this part.

    (iii) HD-SFTP emissions are calculated as a composite of test
results over these driving schedules based on the following
calculation:

HD-SFTP (g/mi) = 0.35[middot]FTP + 0.28[middot]HDSIM + 0.37[middot]SC03

Where:

HDSIM = the appropriate driving schedule specified in paragraph
(b)(1)(ii)(A) through (C) of this section.

    (iv) You may alternatively use FTP emission results to substitute
for the SC03 value in the calculation under paragraph (b)(1)(iii) of
this section for a given vehicle for any testing under this section.
Such vehicles remain subject to the SFTP standard when tested over the
SC03 driving schedule.
    (v) Hydrocarbon emission standards are expressed as NMOG; however,
you may measure exhaust emissions based on nonmethane hydrocarbon
instead of NMOG as described in 40 CFR 1066.635.
    (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 CO emissions, and for
NMOG+NOX standards when testing over the HD-SFTP driving
schedule. Table 1 follows:

               Table 1 of Sec.   86.1816-18--Fully Phased-in Tier 3 HDV Exhaust Emission Standards
                                                    [Tg/mile]
----------------------------------------------------------------------------------------------------------------
                                                   Fleet-average                PM                 Formaldehyde
                                                     NMOG+NOX    -----------------------------------------------
                    HDV class                    ----------------
                                                        FTP             FTP           HD-SFTP           FTP
----------------------------------------------------------------------------------------------------------------
2b..............................................           0.178           0.008       \1\ 0.010           0.006
3...............................................           0.247           0.010           0.007           0.006
----------------------------------------------------------------------------------------------------------------
\1\ For vehicles with a power-to-weight ratio at or below 0.024 hp/pound that are certified using the driving
  schedule described in paragraph (b)(1)(ii)(B) of this section, the HD-SFTP standard for PM is 0.007 g/mile
  instead of the value specified in the table.

    (3) The FTP standards specified in this section apply equally for
testing at low-altitude conditions and high-altitude conditions. The
HD-SFTP standards described in this section apply only for testing at
low-altitude conditions.
    (4) The FTP emission standard for NMOG+NOX is based on a
fleet average in a given model year. You must specify a family emission
limit (FEL) for each test group. The FEL serves as the emission
standard for the test group with respect to all required FTP testing.
Calculate your fleet-average emission level as described in Sec.
86.1860 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 or diesel fuel. You may
generate or use emission credits for banking and trading and you may
use banked or traded credits for demonstrating compliance with the FTP
emission standard for NMOG+NOX as described in Sec.
86.1861. 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 any test groups subject to standards under this
section. Specify one of the identified values from Table 2 or Table 3
of this section as the FEL for demonstrating that your fleet-average
emission level complies with the FTP emission standard for
NMOG+NOX. These FEL values define emission bins that also
determine corresponding emission standards for NMOG+NOX
emissions over the HD-SFTP driving schedule and for CO emissions, as
follows:

                          Table 2 of Sec.   86.1816-18--Tier 3 Bin Standards--Class 2b
                                                    [g/mile]
----------------------------------------------------------------------------------------------------------------
                                                             NMOG+NOX                           CO
                    FEL Name                     ---------------------------------------------------------------
                                                     FTP (FEL)      HD-SFTP \1\         FTP           HD-SFTP
----------------------------------------------------------------------------------------------------------------
Bin 250.........................................           0.250           0.800             6.4            22.0
Bin 200.........................................           0.200           0.800             4.2            22.0
Bin 170.........................................           0.170           0.450             4.2            12.0
Bin 150.........................................           0.150           0.450             3.2            12.0
Bin 0 \2\.......................................           0.000           0.000             0.0             0.0
----------------------------------------------------------------------------------------------------------------
\1\ Vehicles with a power-to-weight ratio at or below 0.024 hp/pound that are certified using the driving
  schedule described in paragraph (b)(1)(ii)(B) of this section, the following HD-SFTP bin standards for
  NMOG+NOX apply instead of those identified in the table: 0.350 g/mile for Bin 150 and Bin 170; and 0.550 g/
  mile for Bin 200 and Bin 250.
\2\ Vehicles certified to Bin 0 must also meet PM and formaldehyde standards of 0.000 g/mile instead of the
  standards specified in paragraph (b)(2) of this section.

                           Table 3 of Sec.   86.1816-18--Tier 3 Bin Standards--Class 3
                                                    [g/mile]
----------------------------------------------------------------------------------------------------------------
                                                             NMOG+NOX                           CO
                    FEL Name                     ---------------------------------------------------------------
                                                     FTP (FEL)        HD-SFTP           FTP           HD-SFTP
----------------------------------------------------------------------------------------------------------------
Bin 400.........................................           0.400           0.550             7.3             6.0
Bin 270.........................................           0.270           0.550             4.2             6.0
Bin 230.........................................           0.230           0.350             4.2             4.0

Bin 200.........................................           0.200           0.350             3.7             4.0
Bin 0\1\........................................           0.000           0.000             0.0             0.0
----------------------------------------------------------------------------------------------------------------
\1\ Vehicles certified to Bin 0 must also meet PM and formaldehyde standards of 0.000 g/mile instead of the
  standards specified in paragraph (b)(2) of this section.

    (5) [Reserved]
    (6) The full Tier 3 program includes new emission standards for
NMOG+NOX, PM, CO, and formaldehyde; it also includes
measurement with a new test fuel and a longer useful life. Vehicles
meeting all these requirements are considered Final Tier 3 vehicles.
Vehicles that do not meet all the Tier 3 requirements are considered
Interim Tier 3 vehicles. The Tier 3 PM standards phase in over several
years. Any vehicles not subject to Tier 3 PM standards during the
phase-in period must continue to comply with the PM standards in Sec.
86.1816-08. Paragraph (b)(7) of this section describes how to
transition to Tier 3 standards for emissions other than PM. The
following provisions describe the primary approach for phasing in the
Tier 3 PM standards:
    (i) You must meet the FTP emission standard for PM with 20, 40, 70,
and 100 percent of your projected nationwide sales of all vehicles
subject to this section in model years 2018 through 2021, respectively.
Each vehicle meeting the Tier 3 FTP standard for PM must also meet the
Tier 3 HD-SFTP standard for PM.
    (ii) You may disregard the phase-in percentages specified in
paragraph (b)(6)(i) of this section if you instead comply with an
indexed PM phase-in schedule as described in this paragraph (b)(6)(ii).
To do this, you must notify us of your intent before January 1, 2018,
and include a detailed plan for complying with the indexed phase-in
schedule. You comply with the indexed phase-in schedule by calculating
a PM phase-in index at or above 440 using the following equation for
model years 2018 through 2021:

PM phase-in index = 4[middot]APP2018 +
3[middot]APP2019 + 2[middot]APP2020 +
APP2021

Where:

APP = The phase-in percentage of vehicles meeting the Tier 3 PM
standards for the indicated model year, based on actual sales.

    (iii) Vehicles meeting the Tier 3 PM standards must meet those
standards over the useful life as specified in Sec.  86.1805. Note that
Interim Tier 3 vehicles may have different useful life values for PM
emission standards than for other emission standards.
    (iv) Measure PM emissions from all vehicles using the same test
fuel used for measuring NMOG+NOX emissions.
    (v) You may certify Interim Tier 3 vehicles based on carryover
data.
    (vi) You may use the alternative phase-in provisions described in
paragraph (b)(8) of this section to transition to the Tier 3 exhaust
emission standards on a different schedule.
    (7) The following provisions describe the primary approach for
phasing in the Tier 3 standards other than PM in 2022 and earlier model
years:
    (i) The fleet-average FTP emission standard for NMOG+NOX
phases in over several years as described in this paragraph (b)(7)(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. You may certify using transitional bin standards specified
in Table 5 of this section through model year 2021; these vehicles are
subject to FTP emission standards for PM and formaldehyde as described
in paragraph (b)(2) of this section. You may use the E0 test fuel
specified in Sec.  86.113 for gasoline-fueled vehicles certified to the
transitional bins; the useful life period for these vehicles is 120,000
miles or 11 years. Fleet-average FTP emission standards decrease as
shown in the following table:

   Table 4 of Sec.   86.1816-18--Declining Fleet-Average FTP Emission
                         Standards for NMOG+NOX
                                [g/mile]
------------------------------------------------------------------------
               Model Year                    Class 2b         Class 3
------------------------------------------------------------------------
2016 \1\................................           0.333           0.548
2017 \1\................................           0.310           0.508
2018....................................           0.278           0.451
2019....................................           0.253           0.400
2020....................................           0.228           0.349
2021....................................           0.203           0.298
2022....................................           0.178           0.247
------------------------------------------------------------------------
\1\ Fleet-average standards are shown for 2016 and 2017 for purposes of
  voluntary early compliance as described in paragraph (b)(11) of this
  section.

                       Table 5 of Sec.   86.1816-18--Transitional Tier 3 FTP Bin Standards
                                                  [g/mile] \1\
----------------------------------------------------------------------------------------------------------------
              Class                       FEL Name              NMOG+NOX           NOX \2\             CO
----------------------------------------------------------------------------------------------------------------
2b..............................  Bin 395                              0.395               0.2               6.4
                                  Bin 340                              0.340               0.2               6.4
3...............................  Bin 630                              0.630               0.4               7.3
                                  Bin 570                              0.570               0.4               7.3
----------------------------------------------------------------------------------------------------------------
\1\ Vehicles certified to Transitional Tier 3 FTP bins are not subject to HD-SFTP standards.
\2\ The NOX standard applies only for certification testing with emission-data vehicles.

    (ii) You may use the alternative phase-in provisions described in
paragraph (b)(8) of this section to transition to the Tier 3 exhaust
emission standards on a different schedule.
    (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.  86.113-07. The following exceptions and special
provisions apply under this paragraph (b)(8):
    (i) For model year 2019, you may exclude from the phase-in
calculation any test groups that have a Job 1 date on or before March
3, 2018 (see 40 CFR 85.2304).
    (ii) You may generate Tier 3 emission credits during the phase-in
period if all your pre-Tier 3 vehicles in a given model year have FELs
at or below the NOX and NMHC standards in Sec.  86.1816-08.
Determine emission credits by calculating fleet-average emission levels
for Tier 3 and pre-Tier 3 vehicles together; for pre-Tier 3 vehicles
use an NMOG+NOX equivalent FEL of 0.395 g/mile for Class 2b
vehicles and 0.630 g/mile for Class 3 vehicles.

                           Table 6 of Sec.   86.1816-18--Alternative Phase-In Schedule
----------------------------------------------------------------------------------------------------------------
                                                    Class 2b                               Class 3
                                     ---------------------------------------------------------------------------
             Model Year                                    Other than PM                         Other than PM
                                        PM  (percent)        (percent)        PM  (percent)        (percent)
----------------------------------------------------------------------------------------------------------------
2019................................                 40                 65                 40                 60
2020................................                 70                 77                 70                 73
2021................................                100                 88                100                 87
2022................................                100                100                100                100
----------------------------------------------------------------------------------------------------------------

    (9) You may not use credits generated from vehicles certified under
Sec.  86.1816-08 for demonstrating compliance with the Tier 3
standards.
    (10) [Reserved]
    (11) You may voluntarily certify your vehicles under this section
in model years 2016 and 2017. If you do this, the fleet-average FTP
emission standards for NMOG+NOX apply to all your heavy-duty
vehicles under this section as specified in paragraph (b)(7)(i) of this
section. Use any of the available bin standards as described in this
section. Vehicles certified under this paragraph (b)(11) must comply
with the PM standards specified in Sec.  86.1816-08 instead of the Tier
3 PM standards specified in this section.
    (12) Alternate standards apply for in-use testing with 2022 and
earlier model year vehicles as described in this paragraph (b)(12).
These alternate standards apply in the first model year that a test
group is certified to Tier 3 FTP or HD-SFTP standards for
NMOG+NOX or PM under this section. The alternate in-use
standards also apply in the following model year (but not beyond 2022)
for carryover test groups certified to the same bin standards. If you
certify a test group to more stringent bin standards under this section
in a given model year, the alternate in-use standards apply as if that
were the first model year of certifying to the Tier 3 standards. The
provisions of this section apply separately for NMOG+NOX and
PM. This paragraph (b)(12) does not apply for Bin 0 vehicles.
    (i) The alternate in-use FTP standards for PM are 0.016 g/mile for
Class 2b vehicles and 0.020 g/mile for Class 3 vehicles.
    (ii) The alternate in-use HD-SFTP standards for PM are 0.012 g/mile
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, and 0.015 g/mile for other Class 2b
vehicles. The alternate in-use HD-SFTP standard for PM is 0.012 g/mile
for Class 3 vehicles. Alternate in-use HD-SFTP standards do not apply
for vehicles certified to the transitional bins described in paragraph
(b)(7) of this section.
    (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]
----------------------------------------------------------------------------------------------------------------
                     Class                                  FEL Name                    FTP         HD-SFTP \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 FTP 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.

    (13) Keep records as needed to show that you meet the requirements
specified in this paragraph (b) for phasing in standards and for
complying with declining fleet-average average 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 part 600, subpart B, 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.
    (d) Provisions for Otto-cycle engines. The special provisions
described in Sec.  86.1811-17(d) apply to vehicles with Otto-cycle
engines that are certified under this section.
    (e) Small-volume manufacturers. Small-volume manufacturers meeting
the eligibility requirements in Sec.  86.1838 may delay complying with
the requirements in this section until model year 2022. This also
applies for continuing to use the E0 test fuel specified in Sec.
86.113 through model year 2021. If meeting the Tier 3 standards would
cause severe economic hardship, such manufacturers may ask us to
approve an extended compliance deadline under the provisions of 40 CFR
1068.250, except that the solvency criterion does not apply and there
is no maximum duration of the hardship relief.

0
183. Section Sec.  86.1817-08 is amended by revising the introductory
text to read as follows:

Sec.  86.1817-08  Complete heavy-duty vehicle averaging, trading, and
banking program.

    Section 86.1817-08 includes text that specifies requirements that
differ from Sec.  86.1817-05. Where a paragraph in Sec.  86.1817-05 is
identical and applicable to Sec.  86.1817-08, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec.  86.1817-05.'' This section does not apply for
NOX or NMOG+NOX emissions for vehicles certified
to the Tier 3 standards in Sec.  86.1816-18, including those vehicles
that certify to the Tier 3 standards before model year 2018. See
Sec. Sec.  86.1860 and 86.1861 for provisions that apply for vehicles
certified to the Tier3 standards.
* * * * *

0
184. Section 86.1818-12 is amended by revising paragraph (a) to read as
follows:

Sec.  86.1818-12  Greenhouse gas emission standards for light-duty
vehicles, light-duty trucks, and medium-duty passenger vehicles.

    (a) Applicability. (1) This section contains standards and other
regulations applicable to the emission of the air pollutant defined as
the aggregate group of six greenhouse gases: Carbon dioxide, nitrous
oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur
hexafluoride. This section applies to 2012 and later model year LDV,
LDT and MDPV, including multi-fuel vehicles, vehicles fueled with
alternative fuels, hybrid electric vehicles, plug-in hybrid electric
vehicles, electric vehicles, and fuel cell vehicles. Unless otherwise
specified, multi-fuel vehicles must comply with all requirements
established for each consumed fuel. The provisions of this section,
except paragraph (c), also apply to clean alternative fuel conversions
as defined in 40 CFR 85.502, of all model year light-duty vehicles,
light-duty trucks, and medium-duty passenger vehicles. Manufacturers
that qualify as a small business according to the requirements of Sec.
86.1801-12(j) are exempt from the emission standards in this section.
Manufacturers that have submitted a declaration for a model year
according to the requirements of Sec.  86.1801-12(k) for which approval
has been granted by the Administrator are conditionally exempt from the
emission standards in paragraphs (c) through (e) of this section for
the approved model year.
    (2) The standards specified in this section apply only for testing
at low-altitude conditions. However, manufacturers must submit an
engineering evaluation indicating that common calibration approaches
are utilized at high altitude. Any deviation from low altitude emission
control practices must be included in the auxiliary emission control
device (AECD) descriptions submitted at certification. Any AECD
specific to high altitude requires engineering emission data for EPA
evaluation to quantify any emission impact and determine the validity
of the AECD.
* * * * *

0
185. Section Sec.  86.1821-01 is amended by revising paragraphs (a) and
(b) introductory text an adding paragraphs (b)(10) and (f) to read as
follows:

Sec.  86.1821-01  Evaporative/refueling family determination.

    (a) The gasoline-, ethanol-, methanol-, liquefied petroleum gas-,
and natural gas-fueled vehicles described in a certification
application will be divided into groupings expected to have similar
evaporative and/or refueling emission characteristics (as applicable)
throughout their useful life. Each group of vehicles with similar
evaporative and/or refueling emission characteristics shall be defined
as a separate evaporative/refueling family. Manufacturers shall use
good engineering judgment to determine evaporative/refueling families.
    (b) For vehicles that operate on volatile liquid fuels to be
classed in the same evaporative/refueling family, they must be similar
with respect to all the following items:
* * * * *
    (10) Evaporative emission standard or family emission limit (FEL).
* * * * *
    (f) For vehicles to be classed in the same leak family, they must
be similar with respect to the items listed in paragraph (b) of this
section and use the same OBD method for detecting leaks.

0
186. Section Sec.  86.1823-08 is amended as follows:
0
a. By revising the introductory text.
0
b. By removing and reserving paragraph (g).
0
c. By adding paragraph (n).

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

    This section describes durability demonstration procedures for
exhaust emissions. Eligible small-volume manufacturers or small-volume
test groups may optionally meet the requirements of Sec. Sec.  86.1826
and 86.1838 instead of the requirements of paragraphs (a) through (m)
of this section. A separate durability demonstration is required for
each durability group.
* * * * *
    (n) Emission component durability. [Reserved]. For guidance see 40
CFR 86.1823-01(e).

0
187. Section Sec.  86.1824-08 is amended as follows:
0
a. By revising the introductory text.
0
b. By revising paragraphs (a) and (f)(1).
0
c. By removing and reserving paragraph (h).
0
d. By adding paragraph (k).

Sec.  86.1824-08  Durability demonstration procedures for evaporative
emissions.

    This section describes durability demonstration procedures for
evaporative emissions. Eligible small-volume manufacturers or small-
volume test groups may optionally meet the requirements of Sec. Sec.
86.1826 and 86.1838 instead of the requirements of paragraphs (a)
through (j) of this section. A separate durability demonstration is
required for each evaporative/refueling family.
    (a) Durability program objective. The durability program must
predict an expected in-use emission deterioration rate and emission
level that effectively represents a significant majority of the
distribution of emission levels and deterioration in actual use over
the full useful life of candidate in-use vehicles of each vehicle
design which uses the durability program. This requirement applies for
all SHED-based measurements except the bleed emission test. The
standard for bleed emissions applies for the full useful life, but
manufacturers do not need to establish deterioration factors for bleed
emissions. The requirements of this section do not apply for spitback
or leak standards.
* * * * *
    (f) * * *
    (1) For gasoline fueled vehicles certified to meet the evaporative
emission standards set forth in this subpart, any mileage accumulation
method for evaporative emissions must employ gasoline fuel for the
entire mileage accumulation period which contains ethanol in, at least,
the highest concentration permissible in gasoline under federal law and
that is commercially available in any state in the United States.
Unless otherwise approved by the Administrator, the manufacturer must
determine the appropriate ethanol concentration by selecting the
highest legal concentration commercially available during the calendar
year before the one in which the manufacturer begins its mileage
accumulation. The manufacturer must also provide information acceptable
to the Administrator to indicate that the mileage accumulation method
is of sufficient design, duration and severity to stabilize the
permeability of all non-metallic fuel and evaporative system components
to the mileage accumulation fuel constituents.
* * * * *
    (k) Emission component durability. [Reserved]. For guidance see 40
CFR 86.1824-01(d).

0
188. Section Sec.  86.1826-01 is revised to read as follows:

Sec.  86.1826-01  Assigned deterioration factors for small-volume
manufacturers and small-volume test groups.

    (a) Applicability. This program is an option available for small-
volume manufacturers and small-volume test groups as described in Sec.
86.1838.
    (b) Determination of deterioration factors. No service accumulation
method or vehicle/component selection method is required. Deterioration
factors for all types of regulated emissions are assigned using the
provisions in this paragraph (b). A separate assigned deterioration
factor is required for each durability group. Manufacturers shall use
good engineering judgment in applying deterioration factors.
Manufacturers may use assigned deterioration factors that the
Administrator determines and prescribes.
    (1) The deterioration factors will be the Administrator's estimate,
periodically updated and published in a guidance document, of the 70th
percentile deterioration factors calculated using the industry-wide
database of previously completed durability data vehicles or engines
used for certification.
    (2) The Administrator may use discretion to develop assigned
deterioration factors using alternative methods if there is
insufficient information to calculate an appropriate industry-wide
deterioration factor (for example: a new engine technology coupled with
a proven emission control system). These methods may include the use of
assigned deterioration factors based on similar durability vehicles.
    (3) Alternatively, with advance approval from the Administrator, a
manufacturer may use deterioration factors developed by another
manufacturer. The manufacturer seeking to use these deterioration
factors must--
    (i) Demonstrate that the engines from the two manufacturers share
technical parameters to the degree that would support the conclusion
that a common deterioration factor should apply for both vehicle
configurations as defined in Sec.  86.1803.
    (ii) Provide supporting information, such as histograms of exhaust
temperature data, comparisons of vehicle weight and road load
horsepower, or comparisons of powertrains and emission control systems.

0
189. Section 86.1828-01 is amended by removing and reserving paragraph
(d) and adding paragraph (g) to read as follows:

Sec.  86.1828-01  Emission data vehicle selection.

* * * * *
    (g) Cold temperature NMHC testing. For cold temperature NMHC
exhaust emission compliance for each durability group, the manufacturer
must select the vehicle expected to emit the highest NMHC emissions at
20 [deg]F on candidate in-use vehicles from the test vehicles specified
in paragraph (a) of this section. When the expected worst-case cold
temperature NMHC vehicle is also the expected worst-case cold
temperature CO vehicle as selected in paragraph (c) of this section,
then cold temperature testing is required only for that vehicle;
otherwise, testing is required for both the worst-case cold temperature
CO vehicle and the worst-case cold temperature NMHC vehicle.

Sec.  86.1828-10  [Removed]

0
190. Remove Sec.  86.1828-10.

0
191. Section 86.1829-01 is amended as follows:
0
a. By removing and reserving paragraph (b)(1)(iii)(C).
0
b. By revising paragraph (b)(2)(i).
0
c. By adding paragraph (b)(2)(iv).
0
d. By revising paragraph (b)(4).
0
f. By removing and reserving paragraph (d).

Sec.  86.1829-01  Durability and emission testing requirements;
waivers.

* * * * *

    (b) * * *
    (2) * * *
    (i) Testing at low altitude. One EDV in each evaporative/refueling
family and evaporative/refueling emission control system combination
must be tested in accordance with the evaporative/refueling test
procedure requirement of subpart B of this part. The configuration of
the EDV will be determined under the provisions of Sec.  86.1828-01.
The EDV must also be tested for exhaust emission compliance using the
FTP and SFTP procedures of subpart B of this part. In lieu of testing
natural gas or hydrogen fueled vehicles to demonstrate compliance with
the evaporative and refueling emission standards specified in this
subpart, a manufacturer may provide a statement in its application for
certification that, based on the manufacturer's engineering evaluation
of appropriate testing and/or design parameters, all light-duty
vehicles, light-duty trucks, and complete heavy-duty vehicles comply
with applicable emission standards. This same testing exemption applies
for vehicles fueled by liquefied petroleum gas, except that refueling
tests are required for systems that allow venting during the refueling
operation.
* * * * *
    (iv) For diesel-fueled light-duty vehicles, a manufacturer may
provide a statement in the application for certification that vehicles
comply with the refueling emission standard instead of submitting test
data. Such a statement must be based on previous emission tests,
development tests, or other appropriate information, and good
engineering judgment.
* * * * *
    (4) Electric vehicles and fuel cell vehicles. For electric vehicles
and fuel cell vehicles, manufacturers may provide a statement in the
application for certification that vehicles comply with all the
requirements of this subpart instead of submitting test data. Such a
statement must be based on previous emission tests, development tests,
or other appropriate information, and good engineering judgment.
* * * * *

0
192. A new Sec.  86.1829-15 is added to subpart S to read as follows:

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

    This section describes general testing requirements for certifying
vehicles under this subpart, and includes several provisions allowing
for statements of compliance instead of testing in certain
circumstances. Where a manufacturer provides a statement instead of
test data under this section, it must be based on previous emission
tests, development tests, or other appropriate information, and on good
engineering judgment.
    (a) One durability demonstration is required for each durability
group. The configuration of the DDV is determined according to Sec.
86.1822. The DDV shall be tested and accumulate service mileage
according to the provisions of Sec. Sec.  86.1823, 86.1824, 86.1825,
and 86.1831. Small-volume manufacturers and small-volume test groups
may optionally use the alternative durability provisions of Sec.
86.1838.
    (b) The manufacturer must test EDVs as follows to demonstrate
compliance with emission standards:
    (1) Test one EDV in each durability group using the test procedures
in 40 CFR part 1066 to demonstrate compliance with cold temperature CO
and NMHC exhaust emission standards.
    (2) Test one EDV in each test group using the FTP and SFTP test
procedures in 40 CFR part 1066 and the HFET test procedures of 40 CFR
part 600, subpart B, to demonstrate compliance with other exhaust
emission standards.
    (3) Test one EDV in each evaporative/refueling family and
evaporative/refueling emission control system combination using the
test procedures in subpart B of this part to demonstrate compliance
with evaporative and refueling emission standards.
    (c) The manufacturer must demonstrate compliance with emission
standards at low-altitude conditions as described in paragraph (b) of
this section. For standards that apply at high-altitude conditions, the
manufacturer may either perform the same tests or provide a statement
in the application for certification that, based on an engineering
evaluation of appropriate testing to measure or simulate high-altitude
emissions, all vehicles comply with applicable emission standards at
high altitude.
    (d) Manufacturers may omit exhaust testing for certification in
certain circumstances as follows:
    (1) For vehicles subject to the Tier 3 PM standards in Sec. 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 data groups as follows:
    (i) Manufacturers with a single durability data 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 data groups subject
to the Tier 3 PM standards in Sec.  86.1811 must submit PM test data
for at least two durability data groups each model year. EPA will work
with the manufacturer to select durability data groups for testing,
with the general expectation that testing will rotate to cover a
manufacturer's whole product line over time. If a durability data group
has been certified in an earlier model year based on submitted PM data,
and that durability data 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 data groups.
    (iii) Manufacturers with nine or more durability data 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 data groups each model
year. We will work with the manufacturer to select durability data
groups for testing as described in paragraph (d)(1)(ii) of this
section.
    (2) Small-volume manufacturers may provide a statement in the
application for certification that vehicles comply with the applicable
PM standard instead of submitting test data.
    (3) Manufacturers may omit PM measurements for fuel economy and GHG
testing conducted in addition to the testing needed to demonstrate
compliance with the PM emission standards.
    (4) Manufacturers may provide a statement in the application for
certification that vehicles comply with the applicable formaldehyde
standard instead of submitting test data.
    (5) When conducting Selective Enforcement Audit testing, a
manufacturer may petition the Administrator to waive the requirement to
measure PM emissions and formaldehyde emissions.
    (e) Manufacturers may omit evaporative or refueling testing for
certification in certain circumstances as follows:
    (1) For diesel-fueled vehicles, a manufacturer may provide a
statement in the application for certification that vehicles comply
with the refueling emission standard instead of submitting test data.
    (2) For vehicles fueled by natural gas, a manufacturer may provide
a statement in the application for certification that vehicles comply
with evaporative emission standards instead of submitting test data.
Compressed natural gas vehicles meeting the requirements for fueling
connection devices in Sec.  86.1813-17(f)(1) are deemed to comply with
evaporative and refueling emission standards.

    (3) For vehicles fueled by liquefied petroleum gas, a manufacturer
may provide a statement in the application for certification that
vehicles comply with evaporative and refueling emission standards
instead of submitting test data, except that refueling tests are
required for systems that allow venting during the refueling operation.
    (4) Manufacturers may provide a statement in the application for
certification that vehicles comply with the leak standard in Sec.
86.1813 instead of submitting test data.
    (5) For vehicles certified to the refueling emission standards in
Sec. Sec.  86.1811 or 86.1813, a manufacturer may provide a statement
in the application for certification that vehicles comply with the fuel
dispensing spitback standard instead of submitting test data.
    (6) In lieu of testing vehicles for the supplemental two-diurnal
test sequence, a manufacturer may optionally provide a statement of
compliance in its application for certification that, based on the
manufacturer's good engineering judgment, all vehicles in the
evaporative/refueling emission family comply with the evaporative
emission standard for the supplemental two-diurnal test sequence.
    (i) The option to provide a statement of compliance in lieu of 2-
diurnal evaporative certification test data is limited to vehicles with
conventional evaporative emission control systems (as determined by the
Administrator). EPA may perform confirmatory 2-diurnal evaporative
emission testing on test vehicles certified using this option. If data
shows noncompliance, it will be addressed through Sec.  86.1851. Also,
if data shows noncompliance, EPA will generally disallow subsequent
waivers for the applicable evaporative family.
    (ii) Manufacturers shall supply information if requested by EPA in
support of the statement of compliance described in this paragraph
(e)(6). This information shall include evaporative calibration
information for the emission-data vehicle and for other vehicles in the
evaporative/refueling family, including, but not limited to, canister
type, canister volume, canister working capacity, canister shape and
internal configuration, fuel tank volume, fuel tank geometry, the type
of fuel delivery system (return, returnless, variable flow fuel pump,
etc.), a description of the input parameters and software strategy used
to control the evaporative canister purge, the nominal purge flow
volume (in bed volumes) when vehicles are driven over the 2-diurnal
(FTP) driving cycle, the nominal purge flow volume (in bed volumes)
when vehicles are driven over the 3-diurnal (FTP + running loss)
driving cycle, and other supporting information as necessary to
demonstrate that the purge flow rate calibration on the 2-diurnal test
sequence is adequate to comply with the evaporative emission standard
for the supplemental two-diurnal test sequence.
    (7) Where a California evaporative emission standard is at least as
stringent as a comparable federal evaporative emission standard for a
vehicle, we may accept test data demonstrating compliance with the
California standard as demonstrating compliance with the comparable
standard under this subpart. We may require you to provide test data
clearly demonstrating that a vehicle tested using the California-
specified test procedures will meet the comparable standard under this
subpart when tested using the test procedures specified in this part.
    (8) Through model year 2019, we may accept test data demonstrating
compliance with the California refueling emission standard as
demonstrating compliance with the analogous refueling emission standard
under this subpart if all the following conditions apply:
    (i) You certified the vehicles in model year 2016 to California's
refueling emission standards.
    (ii) You are certifying the vehicles to refueling standards for the
new model year based on carryover data instead of performing new
testing.
    (iii) You are also certifying the vehicles for evaporative
emissions based on California test procedures under the provisions of
paragraph (e)(6) of this section.
    (9) For vehicles with fuel tanks exceeding 35 gallons nominal fuel
tank capacity, and for any incomplete vehicles, 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).
    (f) For electric vehicles and fuel cell vehicles, manufacturers may
provide a statement in the application for certification that vehicles
comply with all the requirements of this subpart instead of submitting
test data. Tailpipe emissions of regulated pollutants from vehicles
powered solely by electricity are deemed to be zero.

0
193. Section 86.1837-01 is amended by revising paragraph (a) to read as
follows:

Sec.  86.1837-01  Rounding of emission measurements.

    (a) Unless otherwise specified, the results of all emission tests
shall be rounded to the number of places to the right of the decimal
point indicated by expressing the applicable emission standard of this
subpart to one additional significant figure, in accordance with 40 CFR
1065.20.
* * * * *

0
194. Section 86.1838-01 is amended by revising the section heading and
paragraphs (a), (b), (c), and (d) introductory text to read as follows:

Sec.  86.1838-01  Small-volume manufacturer certification procedures.

    (a) Overview. The small-volume manufacturer certification
procedures described in paragraphs (b) and (c) of this section are
optional. Small-volume manufacturers may use these optional procedures
to demonstrate compliance with the general standards and specific
emission requirements contained in this subpart.
    (b) Eligibility requirements--(1) Small-volume manufacturers. (i)
Optional small-volume manufacturer certification procedures apply for
vehicles produced by manufacturers with the following number of
combined sales of vehicles subject to standards under this subpart in
all states and territories of the United States in the model year for
which certification is sought, including all vehicles and engines
imported under the provisions of 40 CFR 85.1505 and 85.1509:
    (A) 5,000 units for the Tier 3 standards described in Sec. Sec.
86.1811, 86.1813, and 86.1816. This volume threshold applies for
phasing in the Tier 3 standards and for determining the corresponding
deterioration factors. This is based on average nationwide sales
volumes for model years 2012 through 2014 for manufacturers that sell
vehicles in model year 2012. The provision allowing delayed compliance
with the Tier 3 standards applies for qualifying companies even if
sales after model year 2014 increase beyond 5,000 units. Manufacturers
with no sales in model year 2012 may instead rely on projected sales
volumes; however, if nationwide sales exceed an average value of 5,000
units in any three consecutive model years, the manufacturer is no
longer eligible for provisions that apply to small-volume manufacturers
after two additional model years. For example, if actual sales in model
years 2015 through 2017 exceed 5,000 units, the small-volume provisions
would no longer apply starting in model year 2020.
    (B) 15,000 units for all other requirements. See Sec.  86.1845 for
separate provisions that apply for in-use testing.
    (ii) If a manufacturer's aggregated sales in the United States, as
determined

in paragraph (b)(3) of this section are fewer than the number of units
specified in paragraph (b)(1)(i) of this section, the manufacturer (or
each manufacturer in the case of manufacturers in an aggregated
relationship) may certify under the provisions of paragraph (c) of this
section.
    (iii) A manufacturer that qualifies as a small business under the
Small Business Administration regulations in 13 CFR Part 121 is
eligible for all the provisions that apply for small-volume
manufacturers under this subpart. See Sec.  86.1801-12(j) to determine
whether companies qualify as small businesses.
    (iv) The sales volumes specified in this section are based on
actual sales, unless otherwise specified.
    (v) Except for delayed implementation of new emission standards, an
eligible manufacturer must transition out of the special provisions
that apply for small-volume manufacturers as described in Sec.
86.1801-12(k)(2)(i) through (iii) if sales volumes increase above the
applicable threshold.
    (2) Small-volume test groups. (i) If the aggregated sales in all
states and territories of the United States, as determined in paragraph
(b)(3) of this section are equal to or greater than 15,000 units, then
the manufacturer (or each manufacturer in the case of manufacturers in
an aggregated relationship) will be allowed to certify a number of
units under the small-volume test group certification procedures in
accordance with the criteria identified in paragraphs (b)(2)(ii)
through (iv) of this section.
    (ii) If there are no additional manufacturers in an aggregated
relationship meeting the provisions of paragraph (b)(3) of this
section, then the manufacturer may certify whole test groups whose
total aggregated sales (including heavy-duty engines) are less than
15,000 units using the small-volume provisions of paragraph (c) of this
section.
    (iii) If there is an aggregated relationship with another
manufacturer which satisfies the provisions of paragraph (b)(3) of this
section, then the following provisions shall apply:
    (A) If none of the manufacturers own 50 percent or more of another
manufacturer in the aggregated relationship, then each manufacturer may
certify whole test groups whose total aggregated sales (including
heavy-duty engines) are less than 15,000 units using the small-volume
provisions of paragraph (c) of this section.
    (B) If any of the manufacturers own 50 percent or more of another
manufacturer in the aggregated relationship, then the limit of 14,999
units must be shared among the manufacturers in such a relationship. In
total for all the manufacturers involved in such a relationship,
aggregated sales (including heavy-duty engines) of up to 14,999 units
may be certified using the small-volume provisions of paragraph (c) of
this section. Only whole test groups shall be eligible for small-volume
status under paragraph (c) of this section.
    (iv) In the case of a joint venture arrangement (50/50 ownership)
between two manufacturers, each manufacturer retains its eligibility
for 14,999 units under the small-volume test group certification
procedures, but the joint venture must draw its maximum 14,999 units
from the units allocated to its parent manufacturers. Only whole test
groups shall be eligible for small-volume status under paragraph (c) of
this section.
    (3) Sales aggregation for related manufacturers. The projected or
actual sales from different firms shall be aggregated in the following
situations:
    (i) Vehicles and/or engines produced by two or more firms, one of
which is 10 percent or greater part owned by another;
    (ii) Vehicles and/or engines produced by any two or more firms if a
third party has equity ownership of 10 percent or more in each of the
firms;
    (iii) Vehicles and/or engines produced by two or more firms having
a common corporate officer(s) who is (are) responsible for the overall
direction of the companies;
    (iv) Vehicles and/or engines imported or distributed by all firms
where the vehicles and/or engines are manufactured by the same entity
and the importer or distributor is an authorized agent of the entity.
    (c) Small-volume provisions. Small-volume manufacturers and small-
volume test groups shall demonstrate compliance with all applicable
sections of this subpart, with the following exceptions:
    (1) Durability demonstration. Use the provisions of Sec.  86.1826
rather than the requirements of Sec. Sec.  86.1823, 86.1824, and
86.1825.
    (2) In-use verification testing. Measure emissions from in-use
vehicles as described in Sec.  86.1845, subject to the following
additional provisions:
    (i) In-use verification test vehicles may be procured from
customers or may be owned by, or under the control of the manufacturer,
provided that the vehicle has accumulated mileage in typical operation
on public streets and has received typical maintenance.
    (ii) In lieu of procuring in-use verification test vehicles that
have a minimum odometer reading of 50,000 miles, a manufacturer may
demonstrate to the satisfaction of the Agency that, based on owner
survey data, the average mileage accumulated after 4 years for a given
test group is less than 50,000 miles. The Agency may approve
procurement of in-use verification test vehicles that have a lower
minimum odometer reading based on such data.
    (iii) The provisions of Sec.  86.1845-04(c)(2) that require one
vehicle of each test group during high mileage in-use verification
testing to have a minimum odometer mileage do not apply.
    (iv) Manufacturers intending to use the provisions of this
paragraph (c) shall submit to the Agency a plan detailing how these
provisions will be met before submitting an application for
certification for the subject vehicles.
    (d) Operationally independent manufacturers. Manufacturers may
submit an application to EPA requesting treatment as an operationally
independent manufacturer. A manufacturer that is granted operationally
independent status may qualify for all the regulatory provisions of
this subpart that apply for small-volume manufacturers on the basis of
its own vehicle production and/or sales volumes, and would not require
aggregation with related manufacturers. In this paragraph (d), the term
``related manufacturer(s)'' means manufacturers that would qualify for
aggregation under the requirements of paragraph (b)(3) of this section.
* * * * *

0
195. Section 86.1843-01 is amended by revising paragraph (g) to read as
follows:

Sec.  86.1843-01  General information requirements.

* * * * *
    (g) Recordkeeping. (1) This subpart includes various requirements
to record data or other information. Unless we specify otherwise, store
these records in any format and on any media and keep them readily
available for eight years after you send an associated application for
certification, or eight years after you generate the data if they do
not support an application for certification. You must promptly send us
organized, written records in English upon request. We may review them
at any time.
    (2) Upon written request by the Administrator, a manufacturer shall
submit any information as described in Sec.  86.1844-01 within 15
business days. A manufacturer may request the Administrator to grant an
extension. The request must clearly indicate the

circumstances necessitating the extension.
* * * * *

0
196. Section 86.1844-01 is amended by revising paragraphs (a), (d)(7),
(d)(8), (d)(9), (d)(11), and (d)(16)(i) introductory text, removing
paragraph (d)(16)(iv), and adding paragraph (e)(7) to read as follows:

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

    (a) All the information listed in this section must be submitted to
the Agency according to the requirements specified in Sec.  86.1843;
however, we may ask you to include less information than we specify, as
long as you keep the specified records.
* * * * *
    (d) * * *
    (7) A comprehensive list of all test results, including official
certification levels, and the applicable intermediate and full useful
life emission standards to which the test group is to be certified as
required in Sec.  86.1829. Include the following additional information
related to testing:
    (i) Include a comparison of drive cycle energy and target cycle
energy relative to both inertia and road load forces as specified in 40
CFR 1066.425 for each drive cycle or test phase, as appropriate.
    (ii) For gasoline-fueled Tier 3 vehicles, identify the method of
accounting for ethanol in determining evaporative emissions, as
described in Sec.  86.1813.
    (iii) Identify any aspects of testing for which the regulations
obligate EPA testing to conform to your selection of test methods.
    (8) A statement that all applicable vehicles will conform to the
emission standards for which emission data is not being provided, as
allowed under Sec.  86.1806 or Sec.  86.1829. The statement shall
clearly identify the standards for which emission testing was not
completed.
    (9) Information describing each emission control diagnostic system
required by Sec.  86.1806, including all of the following:
    (i) A description of the functional operation characteristics of
the diagnostic system, with additional information demonstrating that
the system meets the requirements specified in Sec.  86.1806. Include
all testing and demonstration data submitted to the California Air
Resources Board for certification.
    (ii) The general method of detecting malfunctions for each
emission-related powertrain component.
    (iii) Any deficiencies, including resolution plans and schedules.
    (iv) A statement that the diagnostic system is adequate for the
performance warranty test described in 40 CFR Part 85, subpart W.
    (v) For vehicles certified to meet the leak standard in Sec.
86.1813, a description of the anticipated test procedure. The
description must include, at a minimum, a method for accessing the fuel
system for measurements and a method for pressurizing the fuel system
to perform the procedure specified in 40 CFR 1066.985. The recommended
test method must include at least two separate points for accessing the
fuel system, with additional access points as appropriate for multiple
fuel tanks and multiple evaporative or refueling canisters.
* * * * *
    (11) A list of all auxiliary emission control devices (AECD)
installed on any applicable vehicles, including a justification for
each AECD, the parameters they sense and control, a detailed
justification of each AECD that results in a reduction in effectiveness
of the emission control system, and rationale for why it is not a
defeat device as defined under Sec.  86.1809. The following specific
provisions apply for AECDs:
    (i) For any AECD uniquely used at high altitudes, EPA may request
engineering emission data to quantify any emission impact and validity
of the AECD.
    (ii) For any AECD uniquely used on multi-fuel vehicles when
operated on fuels other than gasoline, EPA may request engineering
emission data to quantify any emission impact and validity of the AECD.
    (iii) For Tier 3 vehicles with spark-ignition engines, describe how
AECDs are designed to comply with the requirements of Sec.  86.1811-
17(d). Identify which components need protection through enrichment
strategies; describe the temperature limitations for those components;
and describe how the enrichment strategy corresponds to those
temperature limitations. We may also require manufacturers to submit
this information for certification related to Tier 2 vehicles.
* * * * *
    (16) * * *
    (i) A statement indicating that the manufacturer has conducted an
engineering analysis of the complete exhaust system to ensure that the
exhaust system has been designed-
* * * * *
    (e) * * *
    (7) The results of any production vehicle evaluation testing
required for OBD systems under Sec.  86.1806.
* * * * *

Sec.  86.1845-01  [Removed]

0
197. Remove Sec.  86.1845-01.

0
198. Section 86.1845-04 is amended by revising paragraphs (a)(1),
(a)(3), (b)(3) introductory text, (b)(4), (b)(5), (b)(6), (b)(7), (c),
and (f) to read as follows:

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

    (a) * * *
    (1) Manufacturers of LDV, LDT, MDPV and complete HDV must test, or
cause to have tested, a specified number of vehicles. Such testing must
be conducted in accordance with the provisions of this section.
* * * * *
    (3) The following provisions apply regarding the possibility of
residual effects from varying fuel sulfur levels:
    (i) Vehicles certified to Tier 3 standards under Sec.  86.1811 must
always measure emissions over the FTP, then over the HFET (if
applicable), then over the US06 portion of the SFTP. If a Tier 3
vehicle meets all the applicable emission standards except the FTP or
HFET emission standard for NMOG+NOX, and a fuel sample from
the tested vehicle (representing the as-received condition) has a
measured fuel sulfur level exceeding 15 ppm when measured as described
in 40 CFR 1065.710, the manufacturer may repeat the FTP and HFET
measurements and use the new emission values as the official results
for that vehicle. For all other cases of testing Tier 3 vehicles,
measured emission levels from the first test will be considered the
official results for the test vehicle, regardless of any test results
from additional test runs. Where repeat testing is allowed, the vehicle
may operate for up to two US06 cycles (with or without measurement)
before repeating the FTP and HFET measurements. The repeat measurements
must include both FTP and HFET, even if the vehicle failed only one of
those tests, unless the HFET is not required for a particular vehicle.
Tier 3 vehicles may not undergo any other vehicle preconditioning to
eliminate fuel sulfur effects on the emission control system, unless we
approve it in advance.
    (ii) Upon a manufacturer's written request, prior to in-use
testing, that presents information to EPA regarding pre-conditioning
procedures designed solely to remove the effects of high sulfur in
gasoline from vehicles

produced through the 2007 model year, EPA will consider allowing such
procedures on a case-by-case basis. EPA's decision will apply to
manufacturer in-use testing conducted under this section and to any in-
use testing conducted by EPA. Such procedures are not available for
complete HDV. For model year 2007 and later Tier 2 vehicles, this
provision can be used only in American Samoa, Guam, and the
Commonwealth of the Northern Mariana Islands, and then only if low
sulfur gasoline is determined by the Administrator to be unavailable in
that specific location.
    (b) * * *
    (3) Number of test vehicles. For each test group, the minimum
number of vehicles that must be tested is specified in Table S04-06 and
Table S04-07 of this paragraph (b)(3). After testing the minimum number
of vehicles of a specific test group as specified in Table S04-06 or
S04-07 of this paragraph (b)(3), a manufacturer may test additional
vehicles upon request and approval by the Agency prior to the
initiation of the additional testing. Any additional testing must be
completed within the testing completion requirements shown in Sec.
86.1845-04(b)(4). The request and Agency approval (if any) shall apply
to test groups on a case by case basis and apply only to testing under
this paragraph. Separate approval will be required to test additional
vehicles under paragraph (c) of this section. In addition to any
testing that is required under Table S04-06 and Table S04-07, a
manufacturer shall test one vehicle from each evaporative/refueling
family for evaporative/refueling emissions. If a manufacturer believes
it is unable to procure the test vehicles necessary to test the
required number of vehicles in a test group, the manufacturer may
request, subject to Administrator approval, a decreased sample size for
that test group. The request shall include a description of the methods
the manufacturer has used to procure the required number of vehicles.
The approval of any such request, and the substitution of an
alternative sample size requirement for the test group, will be based
on a review of the procurement efforts made by the manufacturer to
determine if all reasonable steps have been taken to procure the
required test group size. Tables S04-06 and S04-07 follow:
* * * * *
    (4) Completion of testing. Testing of the vehicles in a test group
and evaporative/refueling family must be completed within 12 months of
the end of production of that test group (or evaporative/refueling
family) for that model year.
    (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 part 600, subpart B, of this
chapter.
    (ii) 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)(ii) 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.
    (6) Each test vehicle not rejected based on the criteria specified
in appendix II to this subpart shall be tested in as-received
condition.
    (7) A manufacturer may conduct subsequent diagnostic maintenance
and/or testing of any vehicle. Any such maintenance and/or testing
shall be reported to the Agency as specified in Sec.  86.1847.
    (c) High-mileage testing--(1) Test groups. Testing must be
conducted for each test group.
    (2) Vehicle mileage. All test vehicles must have a minimum odometer
mileage of 50,000 miles. At least one vehicle of each test group must
have a minimum odometer mileage of 105,000 miles or 75 percent of the
full useful life mileage, whichever is less. See Sec.  86.1838-01(c)(2)
for small-volume manufacturer mileage requirements.
    (3) Number of test vehicles. For each test group, the minimum
number of vehicles that must be tested is specified in Table S04-06 and
Table S04-07 in paragraph (b)(3) of this section. After testing the
minimum number of vehicles of a specific test group as specified in
Table S04-06 and Table S04-07 in paragraph (b)(3) of this section, a
manufacturer may test additional vehicles upon request and approval by
the Agency prior to the initiation of the additional testing. Any
additional testing must be completed within the testing completion
requirements shown in Sec.  86.1845-04(c)(4). The request and Agency
approval (if any) shall apply to

test groups on a case by case basis and apply only to testing under
this paragraph (c). In addition to any testing that is required under
Table S04-06 and Table S04-07, a manufacturer shall test one vehicle
from each evaporative/refueling family for evaporative/refueling
emissions. If a manufacturer believes it is unable to procure the test
vehicles necessary to test the required number of vehicles in a test
group as specified in Table S04-06 or Table S04-07, the manufacturer
may request, subject to Administrator approval, a decreased sample size
for that test group. The request shall include a description of the
methods the manufacturer has used to procure the required number of
vehicles. The approval of any such request, and the substitution of an
alternative sample size requirement for the test group, will be based
on a review of the procurement efforts made by the manufacturer to
determine if all reasonable steps have been taken to procure the
required test group size.
    (4) Initiation and completion of testing. Testing of a test group
(or evaporative refueling family) must commence within 4 years of the
end of production of the test group (or evaporative/refueling family)
and be completed within 5 years of the end of production of the test
group (or evaporative/refueling family).
    (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 part 600, subpart B. 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) 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
(c)(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 test vehicles tested to
fulfill the evaporative/refueling testing requirement of this paragraph
(b)(5)(ii) 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.
    (6) Test condition. Each test vehicle not rejected based on the
criteria specified in appendix II to this subpart shall be tested in
as-received condition.
    (7) Diagnostic maintenance. A manufacturer may conduct subsequent
diagnostic maintenance and/or testing on any vehicle. Any such
maintenance and/or testing shall be reported to the Agency as specified
in Sec.  86.1847-01.
* * * * *
    (f)(1) A manufacturer must conduct in-use testing on a test group
by determining NMOG exhaust emissions as described in 40 CFR 1066.635.
    (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)(1) 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.
    (3) If the manufacturer measures NMOG as described in 40 CFR
1066.635(a), it must also measure and report HCHO emissions. As an
alternative to measuring the HCHO content, if the manufacturer measures
NMOG as permitted in 40 CFR 1066.635(c), the Administrator may approve,
upon submission of supporting data by a manufacturer, the use of HCHO
to NMHC ratios. To request the use of HCHO to NMHC ratios, the
manufacturer must establish during certification testing the ratio of
measured HCHO exhaust emissions to measured NMHC exhaust emissions for
each emission-data vehicle for the applicable test group. The results
must be submitted to the Administrator with the Part II application for
certification. Following approval of the application for certification,
the manufacturer may conduct in-use testing on the test group by
measuring NMHC exhaust emissions rather than HCHO exhaust emissions.
The measured NMHC exhaust emissions must be multiplied by the HCHO to
NMHC ratio submitted in the application for certification for the test
group to determine the equivalent HCHO exhaust emission values for the
test vehicle. The equivalent HCHO exhaust emission values must be
compared to the HCHO exhaust emission standard applicable to the test
group.

0
199. Section 86.1846-01 is revised to read as follows:

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

    (a) General requirements. (1) Manufacturers must test, or cause
testing to be conducted, under this section when the emission levels
shown by a test group sample from testing under Sec.  86.1845 exceeds
the criteria specified in paragraph (b) of this section. The testing
required under this section applies separately to each test

group and at each test point (low and high mileage) that meets the
specified criteria. The testing requirements apply separately for each
model year. These provisions apply to heavy-duty vehicles starting with
model year 2007. These provisions do not apply to emissions of
CO2, CH4, and N2O.
    (2) The provisions of Sec.  86.1845-04(a)(3) regarding fuel sulfur
effects apply equally to testing under this section.
    (b) Criteria for additional testing. (1) A manufacturer shall test
a test group or a subset of a test group as described in paragraph (j)
of this section when the results from testing conducted under Sec.
86.1845 show mean exhaust emissions for that test group of any
pollutant(s) (except CO2, CH4, and
N2O) to be equal to or greater than 1.30 times the
applicable in-use standard and a failure rate, among the test group
vehicles, for the corresponding pollutant(s) of fifty percent or
greater.
    (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(b) will be included in determining if a test group meets the
criteria triggering testing required under this section.
    (ii) The vehicle tested under the requirements of Sec.  86.1845-
04(c)(2) with a minimum odometer miles of 75% of useful life will not
be included in determining if a test group meets the triggering
criteria.
    (iii) The SFTP composite emission levels shall include the IUVP FTP
emissions, the IUVP US06 emissions, and the values from the SC03 Air
Conditioning EDV certification test (without DFs applied). The
calculations shall be made using the equations prescribed in Sec.
86.164. If more than one set of certification SC03 data exists (due to
running change testing or other reasons), the manufacturer shall choose
the SC03 result to use in the calculation from among those data sets
using good engineering judgment.
    (2) If fewer than 50 percent of the vehicles from a leak family
pass either the leak test or the diurnal test under Sec.  86.1845, EPA
may require further leak testing under this paragraph (b)(2). Testing
under this section must include five vehicles from the family. If all
five of these vehicles fail the test, the manufacturer must test five
additional vehicles.
    EPA will determine whether to require further leak testing under
this section after providing the manufacturer an opportunity to discuss
the results, including consideration of any of the following
information, or other items that may be relevant:
    (i) Detailed system design, calibration, and operating information,
technical explanations as to why the individual vehicles tested failed
the leak standard.
    (ii) Comparison of the subject vehicles to other similar models
from the same manufacturer.
    (iii) Data or other information on owner complaints, technical
service bulletins, service campaigns, special policy warranty programs,
warranty repair data, state I/M data, and data available from other
manufacturer-specific programs or initiatives.
    (iv) Evaporative emission test data on any individual vehicles that
did not pass leak testing during IUVP.
    (c) Useful life. Vehicles tested under the provisions of this
section must be within the useful life specified for the emission
standards which were exceeded in the testing under Sec.  86.1845.
Testing should be within the useful life specified, subject to sections
207(c)(5) and (c)(6) of the Clean Air Act where applicable.
    (d) Number of test vehicles. A manufacturer must test a minimum of
ten vehicles of the test group or Agency-designated subset. A
manufacturer may, at the manufacturer's discretion, test more than ten
vehicles under this paragraph for a specific test group or Agency-
designated subset. If a manufacturer chooses to test more than the
required ten vehicles, all testing must be completed within the time
designated in the testing completion requirements of paragraph (g) of
this section. Any vehicles which are eliminated from the sample either
prior to or subsequent to testing, or any vehicles for which test
results are determined to be void, must be replaced in order that the
final sample of vehicles for which test results acceptable to the
Agency are available equals a minimum of ten vehicles. A manufacturer
may cease testing with a sample of five vehicles if the results of the
first five vehicles tested show mean emissions for each pollutant to be
less than 75.0 percent of the applicable standard, with no vehicles
exceeding the applicable standard for any pollutant.
    (e) Emission testing. Each test vehicle of a test group or Agency-
designated subset shall be tested in accordance with the FTP and/or the
SFTP (whichever of these tests performed under Sec.  86.1845 produces
emission levels requiring testing under this section) as described in
subpart B of this part, when such test vehicle is tested for compliance
with applicable exhaust emission standards under this subpart.
    (f) Geographical limitations. (1) Test groups or Agency-designated
subsets certified to 50-state standards: For low altitude testing no
more than 50 percent of the test vehicles may be procured from
California. The test vehicles procured from the 49 state area must be
procured from a location with a heating degree day 30 year annual
average equal to or greater than 4000.
    (2) Test groups or Agency-designated subsets certified to 49 state
standards: For low-altitude testing all vehicles shall be procured from
a location with a heating degree day 30 year annual average equal to or
greater than 4000.
    (3) Vehicles procured for high altitude testing may be procured
from any area provided that the vehicle's primary area of operation was
above 4000 feet.
    (g) Testing. Testing required under this section must commence
within three months of completion of the testing under Sec.  86.1845
which triggered the confirmatory testing and must be completed within
seven months of the completion of the testing which triggered the
confirmatory testing. Any industry review of the results obtained under
Sec.  86.1845 and any additional vehicle procurement and/or testing
which takes place under the provisions of Sec.  86.1845 which the
industry believes may affect the triggering of required confirmatory
testing must take place within the three month period. The data and the
manufacturers reasoning for reconsideration of the data must be
provided to the Agency within the three month period.
    (h) Limit on manufacturer conducted testing. For each manufacturer,
the maximum number of test group(s) (or Agency-designated subset(s)) of
each model year for which testing under this section shall be required
is limited to 50 percent of the total number of test groups of each
model year required to be tested by each manufacturer as prescribed in
Sec.  86.1845, rounded to the next highest whole number where
appropriate. For each manufacturer with only one test group under Sec.
86.1845, such manufacturer shall have a maximum potential testing
requirement under this section of one test group (or Agency-designated
subset) per model year.
    (i) Testing plan. Prior to beginning in-use confirmatory testing
the manufacturer must, after consultation with the Agency, submit a
written plan describing the details of the vehicle procurement,
maintenance, and testing procedures (not otherwise specified by
regulation) it intends to use. EPA must approve the test plan before
the manufacturer may start further testing.

    (j) Testing a subset. EPA may designate a subset of the test group
based on transmission type for testing under this section in lieu of
testing the entire test group when the results for the entire test
group from testing conducted under Sec.  86.1845 show mean emissions
and a failure rate which meet these criteria for additional testing.

0
200. Section 86.1848-10 is amended by revising paragraph (c)(7) to read
as follows:

Sec.  86.1848-10  Compliance with emission standards for the purpose of
certification.

* * * * *
    (c) * * *
    (7) All certificates of conformity issued are conditional upon
compliance with all the provisions of Sec. Sec.  86.1811 through
86.1816 and Sec. Sec.  86.1860 through 86.1862 both during and after
model year production. The manufacturer bears the burden of
establishing to the satisfaction of the Administrator that the terms
and conditions upon which each certificate was issued were satisfied.
For recall and warranty purposes, vehicles not covered by a certificate
of conformity will continue to be held to the standards stated or
referenced in the certificate that otherwise would have applied to the
vehicles.
    (i) Failure to meet the applicable fleet average standard will be
considered to be a failure to satisfy the terms and conditions upon
which the certificate was issued and the vehicles sold in violation of
the fleet average standard will not be covered by the certificate.
    (ii) Failure to comply fully with the prohibition against selling
credits that it has not generated or that are not available, as
specified in Sec.  86.1861, will be considered a failure to satisfy the
terms and conditions upon which the certificate was issued and the
vehicles sold in violation of this prohibition will not be covered by
the certificate.
    (iii) Failure to comply fully with the phase-in requirements of
Sec. Sec.  86.1811 through 86.1816 will be considered a failure to
satisfy the terms and conditions upon which the certificate was issued
and the vehicles sold that do not comply with the applicable standards,
up to the number needed to comply, will not be covered by the
certificate.
* * * * *

0
201. A new Sec.  86.1860-17 is added to subpart S to read as follows:

Sec.  86.1860-17  How to comply with the Tier 3 fleet-average
standards.

    (a) You must show that you meet the applicable fleet-average
NMOG+NOX standards from Sec. Sec.  86.1811 and 86.1816 and
the fleet-average evaporative emission standards from Sec.  86.1813 as
described in this section. Note that separate fleet-average
calculations are required for the FTP and SFTP exhaust emission
standards under Sec.  86.1811.
    (b) Calculate your fleet-average value for each model year for all
vehicle models subject to a separate fleet-average standard using the
following equation, rounded to the nearest 0.001 g/mile for
NMOG+NOX emissions and the nearest 0.001 g/test for
evaporative emissions:
[GRAPHIC] [TIFF OMITTED] TR28AP14.008

Where:

i = A counter associated with each separate Tier 3 test group or
evaporative family.
b = The number of separate Tier 3 test groups or evaporative
families from a given averaging set to which you certify your
vehicles.
Ni = The actual nationwide sales for the model year for
test group or evaporative family i. Include allowances for
evaporative emissions as described in Sec.  86.1813.
FELi = The FEL selected for test group or evaporative
family i. Disregard any separate standards that apply for in-use
testing or for testing under high-altitude conditions.
Ntotal = The actual nationwide sales for the model year
for all your Tier 3 vehicles from the averaging set, except as
described in paragraph (c) of this section. The pool of vehicle
models included in Ntotal may vary by model year, and it
may be different for evaporative standards, FTP exhaust standards,
and SFTP exhaust standards in a given model year.

    (c) Do not include any of the following vehicles to calculate your
fleet-average value:
    (1) Vehicles that you do not certify to the standards of this part
because they are permanently exempted under 40 CFR part 85 or part
1068.
    (2) Exported vehicles.
    (3) Vehicles excluded under Sec.  86.1801.
    (4) For model year 2017, do not include vehicle sales in California
or the section 177 states for calculating the fleet average value for
evaporative emissions.
    (d) Except as specified in paragraph (e) of this section, your
calculated fleet-average value may not exceed the corresponding fleet-
average standard for the model year.
    (e) You may generate or use emission credits related to your
calculated fleet-average value as follows:
    (1) You may generate emission credits as described in Sec.  86.1861
if your fleet-average value is below the corresponding fleet-average
standard.
    (2) You may use emission credits as described in Sec.  86.1861 if
your fleet-average value is above the corresponding fleet-average
standard. Except as specified in paragraph (e)(3) of this section, you
must use enough credits for each model year to show that your adjusted
fleet average value does not exceed the fleet-average standard.
    (3) The following provisions apply if you do not have enough
emission credits to demonstrate compliance with a fleet-average
standard in a given model year:
    (i) You may have a credit deficit for up to three model years
within an averaging set under Sec.  86.1861-17(c). You may not bank
emission credits with respect to a given emission standard during a
model year in which you have a credit deficit in the same averaging
set. If you fail to meet the fleet-average standard for four
consecutive model years, the vehicles causing you to exceed the fleet-
average standard will be considered not covered by the certificate of
conformity. You will be subject to penalties on an individual-vehicle
basis for sale of vehicles not covered by a certificate of conformity.
    (ii) You must notify us in writing how you plan to eliminate the
credit deficit within the specified time frame. If we determine that
your plan is unreasonable or unrealistic, we may deny an application
for certification for a test group or evaporative family if its bin
standard or FEL would increase your credit deficit. We may determine
that your plan is unreasonable or unrealistic based on a consideration
of past and projected use of specific technologies, the historical
sales mix of your vehicle models, your commitment to limit sales of
higher-emission vehicles, and expected access to traded

credits. We may also consider your plan unreasonable if your fleet-
average emission level increases relative to the first model year of a
credit deficit or any later model year. We may require that you send us
interim reports describing your progress toward resolving your credit
deficit over the course of a model year.
    (f) If the applicable bin standards and FELs for all your vehicle
models are at or below a corresponding fleet-average standard for a
given model year, and you do not want to generate emission credits, you
may omit the calculations described in this section.
    (g) For purposes of calculating the statute of limitations, the
following actions are all considered to occur at the expiration of the
deadline for offsetting a deficit as specified in paragraph (e)(3) of
this section:
    (1) Failing to meet the requirements of paragraph (e)(3) of this
section.
    (2) Failing to satisfy the conditions upon which a certificate was
issued relative to offsetting a deficit.