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Code of Federal Regulations (Last Updated: April 5, 2024) |
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Title 40 - Protection of Environment |
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Chapter I - Environmental Protection Agency |
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SubChapter C - Air Programs |
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Part 86 - Control of Emissions from New and in-Use Highway Vehicles and Engines |
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Subpart H - XXX |
§ 86.708-94 - In-use emission standards for 1994 and later model year light-duty vehicles.
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Section 86.708-94 includes text that specifies requirements that differ from §86.090-8 of subpart A of this part. Where a paragraph in §86.090-8 is identical and applicable to §86.708-94, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see §86.090-8.” Where a corresponding paragraph of §86.090-8 is not applicable, this is indicated by the statement “[Reserved].”
(a)(1) Standards. (i) In-use exhaust emissions from 1994 and later model year light-duty vehicles shall meet all standards in tables H94-3 and H94-4 in the rows designated with the applicable fuel type, according to the implementation schedules in tables H94-1 and H94-2, and shall meet all standards in tables H94-6 and H94-7 in the rows designated with the applicable fuel type, according to the implementation schedules in table H94-5, as follows:
(A)(1)(i) For model years 1994 and 1995, a minimum of the percentage shown in table H94-1 of a manufacturer's sales of the applicable model year's light-duty vehicles shall not exceed the applicable Tier 1I standards in table H94-3. The remaining vehicles, if any, shall not exceed the applicable Tier 0 standards in table H94-3.
(ii) For model years 1996 and beyond, a minimum of the percentages shown in table H94-2 of a manufacturer's sales of the applicable model year's light-duty vehicles shall not exceed the applicable Tier 1 standards in tables H94-3 and H94-4. The remaining vehicles, if any, shall not exceed the applicable Tier 1I standards in table H94-3.
(2) Particulates. For in-use exhaust emissions for model years 1994 and later, a minimum of the percentage shown in table H94-5 of a manufacturer's sales of the applicable model year's light-duty vehicles shall not exceed the applicable Tier 1 standards in tables H94-6 and H94-7. The remaining vehicles, if any, shall not exceed the applicable Tier 0 standards in table H94-6.
(3) Optionally, compliance with the Tier 1I and Tier 1 implementation schedules of this section may be based on the combined sales of light-duty vehicles and light light-duty trucks, if such option was taken for certification as allowed in §§86.094-8 and 86.094-9 of subpart A of this part. Vehicles meeting Tier 1I in-use standards shall only be combined for this purpose with other vehicles meeting Tier 1I standards, and those meeting Tier 1 standards shall only be combined with those meeting the Tier 1 standards.
Table H94-1—Implementation Schedule for Light-Duty Vehicles for HCs, CO and NOX
Model year Tier 1I percentage 1994 40 1995 80 1996 60 1997 20 After 1997 0 Table H94-2—Implementation Schedule for Light-Duty Vehicles for HCs, CO and NOX
Model year Tier 1 percentage 1994 0 1995 0 1996 40 1997 80 After 1997 100 Table H94-3—Intermediate Useful Life1 Standards (g/mi) for Light-Duty Vehicles for HCs, CO and NOX
Fuel Standards THC NMHC THCE NMHCE CO NOX Gasoline Tier 0 0.41 3.4 1.0 Gasoline Tier 1I 0.41 0.32 3.4 0.4 Gasoline Tier 1 0.41 0.25 3.4 0.4 Diesel Tier 0 0.41 3.4 1.0 Diesel Tier 1I 0.41 0.32 3.4 1.0 Diesel Tier 1 0.41 0.25 3.4 1.0 Methanol Tier 0 0.41 3.4 1.0 Methanol Tier 1I 0.41 0.32 3.4 0.4 Methanol Tier 1 0.41 0.25 3.4 0.4 Natural Gas Tier 0 0.34 3.4 1.0 Natural Gas Tier 1I 0.32 3.4 0.4 Natural Gas Tier 1 0.25 3.4 0.4 LPG Tier 0 0.41 3.4 1.0 LPG Tier 1I 0.41 0.32 3.4 0.4 LPG Tier 1 0.41 0.25 3.4 0.4 1The applicable useful life is 5 years or 50,000 miles, whichever first occurs.
Table H94-4—Full Useful Life1 Standards (g/mi) for Light-Duty Vehicles for HCs, CO and NOX
Fuel Standards THC NMHC THCE NMHCE CO NOX Gasoline Tier 0 Gasoline Tier 1 0.31 4.2 0.60 Diesel Tier 0 Diesel Tier 1 0.31 4.2 1.25 Methanol Tier 0 Methanol Tier 1 0.31 4.2 0.60 Natural Gas Tier 0 Natural Gas Tier 1 0.31 4.2 0.60 LPG Tier 0 LPG Tier 1 0.31 4.2 0.60 1The applicable useful life is 10 years or 100,000 miles, whichever first occurs, except that no enforcement testing will be done beyond 7 years or 75,000 miles, whichever first occurs.
Table H94-5—Implementation Schedule for Light-Duty Vehicles for PM
Model year Tier 1 percentage 1994 40 1995 80 After 1995 100 Table H94-6—Intermediate Useful Life1 Standards (g/mi) for Light-Duty Vehicles for PM
Fuel Standards PM Gasoline Tier 0 Gasoline Tier 1 0.08 Diesel Tier 0 0.20 Diesel Tier 1 0.08 Methanol Tier 0 20.20 Methanol Tier 1 10.08 Natural Gas Tier 0 20.20 Natural Gas Tier 1 0.08 LPG Tier 0 20.20 LPG Tier 1 0.08 1The applicable useful life is 5 years or 50,000 miles, whichever first occurs.
2Applicable only to diesel-cycle vehicles.
Table H94-7—Full Useful Life1 Standards (g/mi) for Light-Duty Vehicles for PM
Fuel Standards PM Gasoline Tier 0 Gasoline Tier 1 0.10 Diesel Tier 0 Diesel Tier 1 0.10 Methanol Tier 0 Methanol Tier 1 0.10 Natural Gas Tier 0 Natural Gas Tier 1 0.10 LPG Tier 0 LPG Tier 1 0.10 1The applicable useful life is 10 years or 100,000 miles, whichever first occurs, except that no enforcement testing will be done beyond 7 years or 75,000 miles, whichever first occurs.
(B)(1)(i) Sales percentages for the purposes of determining compliance with paragraph (a)(1)(i) of this section shall be based on total actual U.S. sales of light-duty vehicles of the applicable model year by a manufacturer to a dealer, distributor, fleet operator, broker, or any other entity which comprises the point of first sale. If the option of paragraph (a)(1)(i)(A)(3) is taken, such sales percentages shall be based on the total actual combined U.S. sales of light-duty vehicles and light light-duty trucks of the applicable model year by a manufacturer to a dealer, distributor, fleet operator, broker, or any other entity which comprises the point of first sale.
(ii) The manufacturer may petition the Administrator to allow actual volume produced for U.S. sales to be used in lieu of actual U.S. sales for purposes of determining compliance with the implementation schedule sales percentages of tables H94-1, H94-2 and H94-5 of this section. Such petition shall be submitted within 30 days of the end of the model year to the Manufacturers Operations Division. For the petition to be granted, the manufacturer must establish to the satisfaction of the Administrator that actual production volume is functionally equivalent to actual sales volume.
(iii) The vehicles that are counted toward the implementation schedule sales percentage, or toward the total on which such percentage is based, for certification purposes as prescribed by §86.094-8 (a)(1)(i)(B)(1)(iii) of subpart A of this part, shall be the same vehicles that are counted toward the implementation schedule sales percentage, or the total on which it is based, for in-use purposes.
(iv) Small volume manufacturers, as defined in §86.092-14 (b) (1) and (2), are exempt from the implementation schedules of tables H94-1 and H94-2 of this section for model years 1994 through 1997, and from the implementation schedule of table H94-5 of this section for model years 1994 and 1995. For small volume manufacturers, Tier 0 standards of table H94-6 continue to apply until model year 1996 and Tier 0 standards of table H94-3 continue to apply until model year 1998, when one hundred percent compliance with the Tier 1 standards of tables H94-3, H94-4, H94-6, and H94-7 is required. This exemption does not apply to small volume engine families as defined in §86.092-14 (b)(5).
(2)(i) For 1994 and 1995 model year light-duty vehicles, the engine families which comprise the required implementation schedule percentage of sales meeting Tier 1 standards for HCs, CO, and NOX, for purposes of certification, shall be the same engine families which comprise the required implementation schedule percentage of sales meeting the interim in-use standards (labeled “Tier 1I” in the tables of in-use standards) for in-use purposes.
(ii) For 1996 and 1997 model year light-duty vehicles the engine families which comprise the required implementation schedule percentage of sales meeting interim in-use standards (labeled “Tier 1I” in the tables of in-use standards) and final in-use standards (labeled “Tier 1” in the tables of in-use standards) respectively, for HCs, CO, and NOX, for in-use purposes, shall be designated by the manufacturer at the time of Application for Certification.
(iii) For 1994 and 1995 model year light-duty vehicles, the engine families which comprise the required implementation schedule percentage of sales meeting Tier 1 standards, for PM, for purposes of certification, shall be the same engine families which comprise the required implementation schedule percentage of sales meeting the final in-use standards (labeled “Tier 1” in the tables of in-use standards) for PM for in-use purposes.
(3) The manufacturer must state at the time of Application for Certification, based on projected U.S. sales or projected production for U.S. sale, which families will be used to attain the required implementation schedule sales percentages for in-use purposes.
(4) A manufacturer cannot use one set of engine families to meet its in-use intermediate useful life standards and another to meet its in-use full useful life standards. The same families which are used to meet the intermediate useful life standards will be required without deviation to meet the corresponding full useful life standards.
(ii) Engine families participating in the particulate averaging program as specified in §86.094-8 (a)(1)(ii) shall be subject, for purposes of in-use compliance, to the particulate family emission limit determined for that engine family for certification purposes, in lieu of the appropriate particulate standard shown in the tables of in-use standards in this section.
(iii) CST emissions from model year 1996 and later gasoline-fueled Otto-cycle light-duty vehicles measured and calculated in accordance with subpart O of this part may not exceed the standards listed in paragraphs (a)(1)(iii) (A) and (B) of this section.
(A) Hydrocarbons: 220 ppm as hexane.
(B) Carbon monoxide: 1.2 percent.
(2) The standards set forth in paragraph (a)(1)(i) of this section refer to the exhaust emitted over a driving schedule as set forth in subpart B of this part and measured and calculated in accordance with those procedures. The test weight basis for light-duty vehicles, for the purposes of determining equivalent test weight as prescribed in §86.129-94, shall be loaded vehicle weight.
(3) The standards set forth in paragraph (a)(1)(iii) of this section refer to the exhaust emitted during the CST as set forth in subpart O of this part and measured and calculated in accordance with those provisions.
(b) The provisions of §86.090-8(b) through (h) of subpart A of this part apply to this section. The provisions of §86.096-8(i) through (k) of subpart A of this part apply to this section.
[56 FR 25781, June 5, 1991, as amended at 57 FR 31922, July 17, 1992; 58 FR 33211, June 16, 1993; 58 FR 58424, Nov. 1, 1993; 59 FR 33913, July 1, 1994; 59 FR 48515, Sept. 21, 1994]