§ 86.094-28 - Compliance with emission standards.

Link to an amendment published at 79 FR 23691, Apr. 28, 2014.

(a)(1)-(2) [Reserved]

(3) Since it is expected that emission control efficiency will change with mileage accumulation on the vehicle, the emission level of a vehicle which has accumulated mileage equal to the specified useful life will be used as the basis for determining compliance with the standard (or family particulate emission limit, as appropriate).

(4)(i)(A) The applicable results to be used, unless excluded by paragraph (a)(4)(i)(A)(4) of this section, in determining the exhaust emission deterioration factors for each engine-system combination shall be those described in paragraphs (a)(4)(i)(A) (1) through (3) of this section.

(1) All valid exhaust emission data from the tests required under §86.094-26(a)(4) except the zero-mile tests. This shall include the official test results, as determined in §86.094-29 for all tests conducted on all durability data vehicles of the combination selected under §86.094-24(c) (including all vehicles elected to be operated by the manufacturer under §86.094-24(c)(1)(ii)).

(2) All exhaust emission data from the tests conducted before and after the scheduled maintenance provided in §86.094-25.

(3) All exhaust emission data from tests required by maintenance approved under §86.094-25, in those cases where the Administrator conditioned his approval for the performance of such maintenance on the inclusion of such data in the deterioration factor calculation.

(4) The manufacturer has the option of applying an outlier test point procedure to completed durability data within its certification testing program for a given model year. The outlier procedure will be specified by the Administrator. For any pollutant, durability data test points that are identified as outliers shall not be included in the determination of deterioration factors if the manufacturer has elected this option. The manufacturer shall specify to the Administrator before the certification of the first engine family for that model year, if it intends to use the outlier procedure. The manufacturer may not change procedures after the first engine family of the model year is certified. Where the manufacturer chooses to apply both the outlier procedure and averaging (as allowed under §86.094-26(a)(6)(i)) to the same data set, the outlier procedure shall be completed prior to applying the averaging procedure.

(B)(1) Line crossing. For each exhaust constituent to which a standard in §86.094-8 applies, all applicable exhaust emission results shall be rounded to the nearest mile and plotted as a function of the mileage on the system. The best fit straight line, fitted by the method of least squares, shall be drawn through all these data points. The data for a given exhaust constituent will be acceptable for use in the calculation of deterioration factors only if the first official test point as determined in §86.094-26(a)(4)(i)(C), the interpolated intermediate useful life mile point, and the interpolated full useful life mile point on this line, as applicable, are each less than or equal to the respective low-altitude standards provided in §86.094-8. An exception to this where data are still acceptable is when a best fit straight line crosses an applicable standard but no data points exceeded the standard. This exception shall not apply when mileage accumulation has been curtailed before the durability useful life has been reached, under the provisions of §86.094-26(a)(4)(i)(B).

(2) Exhaust deterioration factor determination. Multiplicative exhaust emission deterioration factors shall be calculated for each standard and for each engine-system combination from points on the regression line derived in paragraph (a)(4)(i)(B)(1) of this section, and in accordance with paragraphs (a)(4)(i)(B)(2) (i) and (ii) of this section.

(i) Factor=Exhaust emissions at the useful life mileage for that standard divided by exhaust emissions at 4,000 miles.

(ii) [Reserved]

(iii) When calculating intermediate and full useful life deterioration factors all data points should be included in the calculations, except that total hydrocarbon (THC) test points beyond the 50,000-mile (useful life) test point shall not be included in the calculations.

(iv) The calculation specified in paragraph (a)(4)(i)(B)(2) of this section may be modified with advance approval of the Administrator for engine-system combinations which are certified under the Alternative Service Accumulation Durability Program specified in §86.094-13(e).

(ii)-(iii) [Reserved]

(iv) Every test vehicle of an engine family must comply with the exhaust emission standards (or the family particulate emission limit, as appropriate), as determined in paragraph (a)(4)(iii) of this section, before any vehicle in that family may be certified.

(5) If a manufacturer chooses to change the level of any family particulate emission limit(s) in the particulate averaging program, compliance with the new limit(s) must be based upon existing certification data.

(6) If a manufacturer chooses to participate in the diesel particulate averaging program, the production-weighted average of the family particulate emission limits of all affected engine families must comply with the particulate standards in §86.094-8(a)(1)(iv), or the composite particulate standard defined in §86.094-2, as appropriate, at the end of the production year.

(7)(i) [Reserved]

(ii) The deterioration factors for each engine family group shall be determined by the Administrator using historical durability data from as many as three previous model years. These data will consist of deterioration factors generated by durability data vehicles representing certified engine families and of deterioration factors from vehicles selected under §86.094-24(h) . The Administrator shall determine how these data will be combined for each engine family group.

(A) The test result to be used in the calculation of each deterioration factor to be combined for each engine family group shall be those test results specified in paragraph (a)(4)(i)(A) of this section.

(B) For each durability data vehicle selected under §86.094-24(h), all applicable exhaust emission results shall be plotted as a function of the mileage on the system rounded to the nearest mile, and the best fit straight lines, fitted by method of least squares, shall be drawn through all these data points. The exhaust deterioration factor for each durability data vehicle shall be calculated as specified in paragraph (a)(4)(i)(B) of this section.

(C) Line-crossing. The line-crossing criteria of §86.094-28 (a)(4)(i)(B) apply.

(1) The Administrator will not accept for certification line-crossing data from preproduction durability data vehicles selected under §86.094-24(c).

(2) The Administrator will not accept for certification line-crossing data from production durability data vehicles selected under §86.094-24(h)(1) unless the 4,000-mile test result multiplied by the engine family group deterioration factor does not exceed the applicable emission standards. The deterioration factors used for this purpose shall be those that were used in the certification of the production vehicle. Manufacturers may calculate this product immediately after the 4,000-mile test of the vehicle. If the product exceeds the applicable standards, the manufacturer may, with the approval of the Administrator, discontinue the vehicle and substitute a new vehicle. The manufacturer may continue the original vehicle, but the data will not be acceptable if line crossing occurs.

(b)(1)-(2) [Reserved]

(3) Since emission control efficiency generally decreases with the accumulation of mileage on the vehicle, deterioration factors will be used in combination with emission data vehicle test results as the basis for determining compliance with the standards (or family emission limits, as appropriate).

(4)(i) Paragraph (b)(4) of this section describes the procedure for determining compliance of a new vehicle with exhaust emission standards (or family emission limits, as appropriate), based on deterioration factors. If the manufacturer certifies under the Standard Self-Approval Program as specified in §86.094-13(f), the manufacturer supplies the deterioration factors. If the manufacturer certifies under the Alternative Service Accumulation Durability Program as specified in §86.094-13(e), the applicable procedure for the determination of deterioration factors for light-duty trucks is the same as that described in paragraph (a)(4) of this section for light-duty vehicles.

(ii) [Reserved]

[58 FR 4025, Jan. 12, 1993, as amended at 75 FR 22978, Apr. 30, 2010]