§ 86.1809-12 - Prohibition of defeat devices.

§ 86.1809-12 Prohibition of defeat devices.

Cross Reference

Link to an amendment published at 89 FR 28161, Apr. 18, 2024.

(a) No new light-duty vehicle , light-duty truck, medium-duty passenger vehicle, or complete heavy-duty vehicle shall be equipped with a defeat device.

(b) The Administrator EPA may test or require testing on any vehicle at a designated location, using driving cycles and conditions that may reasonably be expected to be encountered in normal operation and use, for the purposes of investigating a potential defeat device.

(c) For cold temperature CO and cold temperature NMHC , NMHC, and NMOG+NO_X emission control, the Administrator EPA will use a guideline to determine the appropriateness of the CO emission control and the NMHC or NMOG+NO_X emission control at ambient temperatures between 25 °F (the upper bound of the FTP test temperature rangerange for cold temperature testing) and 68 °F (the lower bound of the FTP test temperature range). The guideline for CO and NMOG+NO_X emission congruity across the intermediate temperature range is the linear interpolation between the CO or NMOG+NO_X standard applicable at 25 °F and the CO corresponding standard applicable at 68 °F. The guideline for NMHC emission congruity across the intermediate temperature range is the linear interpolation between the NMHC FEL pass limit (e.g., 0.3499 g/mi for a 0.3 g/mi FEL) applicable at 20 °F and the Tier 2 NMOG standard or the Tier 3 or Tier 4 NMOG+NO_X bin standard to which the vehicle was certified at 68 °F, where the intermediate temperature NMHC level is rounded to the nearest hundredth 0.01 g/mile for comparison to the interpolated line. For The following provisions apply for vehicles that exceed this CO emissions guideline or this NMHC emissions guideline upon the specified emission guideline during intermediate temperature testing:

(1) If the CO emission level is greater than the 20 °F emission standard, the vehicle will automatically be considered to be equipped with a defeat device without further investigation. If the intermediate temperature NMHC or NMOG+NO_X emission level, rounded to the nearest hundredth0.01 g/mile or the nearest 10 mg/mile, is greater than the 20 °F FEL pass limit, the vehicle will be presumed to have a defeat device unless the manufacturer provides evidence to EPA's satisfaction that the cause of the test result in question is not due to a defeat device.

(2) If the CO emission level does not exceed the 20 °F emission standard, the Administrator may investigate the vehicle design for the presence of a defeat device under paragraph (d) of this section. If the intermediate temperature NMHC emission level, rounded to the nearest hundredth, does not exceed the 20 °F FEL pass limit the Administrator conditions in paragraph (c)(1) of this section do not apply, EPA may investigate the vehicle design for the presence of a defeat device under paragraph (d) of this section.

(d) The following provisions apply for vehicle designs designated by the Administrator to be investigated for EPA designates for investigation as possible defeat devices:

(1) The manufacturer must show to the satisfaction of the Administrator EPA's satisfaction that the vehicle design does not incorporate strategies that unnecessarily reduce emission control effectiveness exhibited during the Federal Test Procedure or Supplemental Federal Test Procedure (FTP or SFTP) or the Highway Fuel Economy Test Procedure (described in subpart B of over the driving cycles specified in this subpart, the fuel economy test procedures in 40 CFR part 600), or the Air Conditioning Idle Test (described in § 86.165-12)air conditioning efficiency test in 40 CFR 1066.845, when the vehicle is operated under conditions that may reasonably be expected to be encountered in normal operation and use.

(2) [Reserved]

(3) The following information requirements apply:

(i) Upon request by

the Administrator

EPA, the manufacturer must provide an explanation containing detailed information regarding test programs, engineering evaluations, design specifications, calibrations, on-board computer algorithms, and design strategies incorporated for operation both during and outside of the Federal emission test procedures.

(ii) For purposes of

investigations

investigation of possible cold temperature CO

or cold temperature NMHC

, NMHC, or NMOG+NO_X defeat devices under this paragraph (d), the manufacturer must provide an explanation to show

,

to

the satisfaction of the Administrator,

EPA's satisfaction that CO emissions and NMHC or NMOG+NO_X emissions are reasonably controlled in reference to the linear guideline across the intermediate temperature range.

(e) For each test group the manufacturer must submit , an engineering evaluation with the Part II certification application , an engineering evaluation demonstrating to the satisfaction of the Administrator EPA's satisfaction that a discontinuity in emissions of non-methane organic gases, particulate matter, carbon monoxide, carbon dioxide, oxides of nitrogen, nitrous oxide, methane, and formaldehyde measured on the Federal Test Procedure (subpart B of this part) 40 CFR 1066.801(c)(1)) and on the Highway Fuel Economy Test Procedure (subpart B of 40 CFR part 600) 1066.801(c)(5)) does not occur in the temperature range of 20 to 86 °F. For diesel vehicles, the engineering evaluation must also include particulate emissions.

[75 FR 25685, May 7, 2010, as amended at 79 FR 23712, Apr. 28, 2014[89 FR 28161, Apr. 18, 2024]