98-18860. Optional Certification Streamlining Procedures for Light-Duty Vehicles, Light-Duty Trucks, and Heavy-Duty Engines for Original Equipment Manufacturers and for Aftermarket Conversion Manufacturers; Notice of Proposed Rule  

  • [Federal Register Volume 63, Number 138 (Monday, July 20, 1998)]
    [Proposed Rules]
    [Pages 38767-38774]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-18860]
    
    
    
    [[Page 38767]]
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 86
    
    [AMS-FRL-6124-1]
    
    
    Optional Certification Streamlining Procedures for Light-Duty 
    Vehicles, Light-Duty Trucks, and Heavy-Duty Engines for Original 
    Equipment Manufacturers and for Aftermarket Conversion Manufacturers; 
    Notice of Proposed Rule
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Notice of proposed rule.
    
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    SUMMARY: In today's action, EPA is proposing to amend the current 
    regulatory provisions regarding the certification of light-duty 
    vehicles, light-duty trucks, and heavy-duty engines that meet the 
    Clean-Fuel Vehicle (CFV) requirements. This proposed action would serve 
    to ease the burden of certification for manufacturers of CFVs. EPA is 
    also proposing to revise the definition for dedicated fuel systems to 
    include CFVs with limited ability to operate on a conventional fuel, 
    and is also proposing to amend current regulations to allow 
    manufacturers of CFVs to group certain engine families together for 
    certification purposes. In addition, EPA is proposing an exemption, for 
    MY 1999, 2000 and 2001, from certification fees for dedicated gaseous-
    fueled vehicles and engines that certify to EPA's Tier 1 standards as 
    well as for all vehicles and engines that certify to EPA's CFV, Low-
    Emission Vehicle (LEV), Ultra Low Emission Vehicle (ULEV), Inherently 
    Low Emission Vehicle (ILEV), or Zero Emission Vehicle (ZEV) emission 
    standards.
    
    DATES: Any party who wishes to submit comments must do so by August 19, 
    1998 unless a hearing is requested. Any person can request EPA to hold 
    a public hearing on this action, but such request must be received by 
    August 19, 1998. If a hearing is requested, it will take place on 
    September 18, 1998, and interested parties will have an additional 30 
    days after the hearing (until October 19, 1998) to submit comments on 
    any information presented at the hearing. Because no hearing will 
    occur, absent a request for one, interested parties should contact 
    Clifford D. Tyree at the number listed below after August 19, 1998 to 
    determine whether a hearing will take place.
    
    ADDRESSES: Written comments should be submitted (in duplicate if 
    possible) to: Air Docket Section (6102), Attention: Docket No. A-97-27, 
    U.S. Environmental Protection Agency, 401 M Street, SW, Washington, 
    D.C. 20460, or hand-delivered to the Air Docket at the above address, 
    in Room M-1500, Waterside Mall. A copy of written comments should also 
    be submitted to Clifford D. Tyree at the address below.
        Materials relevant to this notice of proposed rule are contained in 
    Docket No. A-97-27, located at the Air Docket, 401 M Street SW, 
    Washington, DC 20460, and may be reviewed in Room M-1500 from 8:00 a.m. 
    until 5:30 p.m. on business days. As provided in 40 CFR Part 2, EPA may 
    charge a reasonable fee for photocopying docket materials.
    
    FOR FURTHER INFORMATION CONTACT: Mr. Clifford Tyree, Project Manager, 
    U.S. EPA, National Vehicle and Fuel Emission Laboratory, Vehicle 
    Programs and Compliance Division, 2565 Plymouth Road, Ann Arbor, MI 
    48105-2425. Telephone: (734) 214-4310; FAX 734-214-4869. E-Mail, 
    tyree.clifford@epamail.epa.gov.
    
    SUPPLEMENTARY INFORMATION:
    
    Regulated Entities
    
        Entities potentially regulated by this notice of proposed 
    rulemaking are Original Equipment Manufacturers (OEMs) of Light-Duty 
    Vehicles, Light-Duty Trucks (LDTs), and Heavy-Duty Engine (HDEs) 
    manufacturers. In addition, aftermarket convertors of LDVs, LDTs, and 
    HDEs will also be regulated. Entities include:
    
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                                                    Examples of regulated   
                     Category                             entities          
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    Auto industry of light-duty vehicles,       Original Equipment          
     light-duty trucks, and heavy-duty engines.  Manufacturers (OEMs) and   
                                                 Aftermarket Converters.    
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        This table is not intended to be exhaustive, but rather provides a 
    guide for readers regarding entities likely to be regulated by this 
    proposed action. This table lists the types of entities that EPA is now 
    aware could potentially be regulated by this proposed action. Other 
    types of entities not listed in the table could also be regulated. If 
    you have questions regarding the applicability of this proposed action 
    to a particular product, consult the person listed in the preceding FOR 
    FURTHER INFORMATION CONTACT section.
    
    Obtaining Electronic Copies of the Regulatory Documents
    
        The preamble, regulatory and other related documents are also 
    available electronically from the EPA Internet Web site. This service 
    is free of charge, except for any cost you already incur for internet 
    connectivity. An electronic version is made available on the day of 
    publication on the primary Web site listed below. The EPA Office of 
    Mobile Sources also publishes Federal Register notices and related 
    documents on secondary Web site listed below.
        1. http://www.epa.gov/docs/fedrgstr/EPA-AIR/(either select desired 
    date or use Search feature.)
        2. http://www.epa.gov/OMSWWW/cff.htm
        Please note that due to differences between the software used to 
    develop the document and the software into which the document may be 
    downloaded, changes in format, page length, etc. may occur.
    
    I. Background 1
    
        EPA's emissions standards and requirements for clean-fuel vehicles 
    (CFVs) are contained in 40 CFR Part 88. These regulations include 
    several sets of exhaust emissions standards for clean-fuel vehicles 
    (CFVs): Transitional Low-Emission Vehicle (TLEV) standards, Low-
    Emission Vehicle (LEV) standards, Inherently Low-Emission Vehicle 
    (ILEV), Ultra Low-Emission Vehicle (ULEV) standards, and Zero-Emission 
    Vehicle (ZEV) standards. The regulations also apply all standards and 
    requirements in 40 CFR Part 86 to CFVs, except the Part 86 exhaust 
    emissions standards for those pollutants for which Part 88 establishes 
    standards. The CFV standards apply to all CFVs, including those that 
    operate on gaseous-fuels like compressed natural gas (CNG) and 
    liquefied petroleum gas (LPG).
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        \1\ EPA has included in this notice a brief summary of the 
    aftermarket conversion requirements and the Clean-Fuel Fleet 
    program. Readers may consult EPA's current certification regulations 
    in 40 CFR Parts 86 and EPA's clean fuel vehicle regulations in 40 
    CFR part 88, as well as the following notices of final rulemaking: 
    Emissions Standards for Clean Fuel Vehicles and Engines (59 FR 
    50042, September 30, 1994) and Standards for Emissions from Natural 
    Gas-fueled and Liquefied Petroleum Gas-fueled Motor Vehicles and 
    Motor Vehicle Engines, and Certification Procedures for Aftermarket 
    Conversions (59 FR 48471, September 21, 1994), for additional 
    background information.
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        Section 246 of the Clean Air Act, as amended in 1990 (``CAA'' or 
    ``the Act''), requires states to adopt in their State Implementation 
    Plans (SIP) a Clean-fuel Fleet Program (CFFP) for certain ozone and 
    carbon monoxide nonattainment areas. The states' CFFPs must require 
    that fleet operators with central fueling capability shall include a 
    certain percentage of CFVs that meet LEV emissions standards in their 
    vehicle purchases each year, and shall operate such vehicles on clean 
    alternative-
    
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    fuels.2 EPA is aware that fleet operators subject to CFFP 
    requirements are concerned about sufficient availability of CFVs to 
    meet such requirements. For the 1997 model year, one light-duty 
    vehicle, two light-duty trucks, and five heavy-duty vehicle engine 
    families have been certified to federal CFV standards.
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        \2\ A clean alternative fuel is defined as a fuel used in a 
    vehicle that meets the CFV standards when operating on such fuel. 
    See CAA Section 241(2).
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        The EPA's Office of Mobile Sources recently adopted a one-year 
    delay in implementation of state CFFPs, due to concerns about 
    sufficient CFV availability to meet fleet operator 
    requirements.3
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        \3\ 40 CFR 88.304-98, Direct Final Rule, 63 FR 20103, April 23, 
    1998.
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        In today's action, EPA is proposing to amend certain provisions 
    intended to encourage and facilitate the certification of CFVs by 
    reducing the costs of certifying in three specific areas. These 
    provisions are described in detail below.
    
    II. Today's Proposal
    
    A. Definition of Dedicated Vehicle
    
        Current EPA regulations define a ``dual-fuel vehicle'' as a motor 
    vehicle, or engine, engineered and designed to be operated on two 
    different fuels, but not on a mixture of fuels.4 A 
    ``dedicated vehicle'' is defined as a vehicle or engine engineered and 
    designed to be operated using a single fuel.5
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        \4\ 40 CFR 88.102-94.
        \5\ 40 CFR 86.090-2.
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        There are specific requirements that apply to dual-fuel light-duty 
    vehicles (LDVs) 6 and light light-duty trucks (LLDT) 
    7 certifying to the CFV emissions standards. A dual-fuel 
    vehicle must comply with the applicable set of standards for each fuel 
    on which it can operate. To qualify as CFVs for purposes of state 
    CFFPs, dual-fuel vehicles must meet LEV (or more stringent) emissions 
    standards on the clean alternative fuel and the TLEV non-methane 
    organic gas (NMOG) emission standard on the conventional 
    fuel.8 On the conventional fuel, the vehicle must meet Tier 
    1, NMOG and HCHO emission standards and also comply with all other 
    motor vehicle emissions control requirements contained in 40 CFR Part 
    86 (such as the cold temperature carbon monoxide standard (Cold CO), 
    onboard diagnostic requirement (OBD), and certification short test 
    (CST) requirements) that apply to comparable conventional gasoline 
    vehicles.
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        \6\ 40 CFR 86.082-2, A light-duty vehicle (LDV) means a 
    passenger car or passenger car derivative capable of seating 12 
    passengers or less.
        \7\ 40 CFR 86.094-2, A light light-duty ( LLDT) means any light-
    duty truck rated through 6,000 lbs. GVWR.
        \8\ Formaldehyde (HCHO) exhaust emission standards apply to any 
    fuel used to meet CFV standards, including gasoline.
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        For vehicles with a dedicated fuel system to be a feasible option 
    for fleets, many fleet operators will need the flexibility to operate 
    on conventional fuel in emergency situations, when central fueling is 
    impossible. If the fleet operator is subject to the CFFP, and is 
    operating in a nonattainment area covered by the CFFP, he must operate 
    the vehicle on a fuel on which the vehicle meets the CFV emissions 
    standards to comply with the CFFP requirements. If the vehicle is 
    certified to the LEV emissions standards on both fuels, the fleet 
    operator would have the option of using the conventional fuel in the 
    covered nonattainment area. However, if the vehicle is certified to the 
    LEV standards only on CNG or LPG, that option would not be available.
        In light of the limited gaseous-fuel fueling stations in the 
    nonattainment areas covered by a CFFP, fleet operators are concerned 
    that the safety of vehicle operators and occupants could be at risk 
    during inclement weather.9 In addition, unforeseen traffic 
    delays (or other unforeseen delays) may cause fleet vehicles to be 
    stranded, resulting in higher costs for and reduced efficiency of the 
    fleet. For these reasons, EPA has determined that it would be 
    reasonable and appropriate to revise the definition of a dedicated 
    vehicle to allow operation up to a limited mileage on a conventional 
    fuel.
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        \9\ The CFFP requires fleet operators to operate their CFVs on 
    clean alternative fuels only when in the covered nonattainment area. 
    Therefore, for dual-fuel CFVs, fleet operators may use either the 
    clean alternative fuel or the conventional fuel outside the covered 
    nonattainment area.
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        As described above, fleet operators subject to the CFFP must 
    operate their CFV's on a ``clean alternative fuel,'' as defined in CAA 
    Section 241(2). To ensure that CFVs that operate on gaseous fuels are a 
    feasible option for fleet operators covered by the CFFP, EPA would 
    certify as dedicated CFVs vehicles meeting the CFV dual-fuel standards 
    with limited ability to operate on a conventional fuel, as described 
    above. EPA's issuance of such certificates is authorized by the 
    Agency's authority to adopt de minimis exemptions to statutory 
    requirements, and is consistent with Congressional intent.
        Section 246(b) of the CAA requires state CFFPs to provide that 
    covered fleet operators must operate their clean-fuel vehicles on clean 
    alternative fuels when operating in the covered nonattainment area. 
    Clean alternative fuel, in turn, is defined as a fuel used in a CFV 
    that meets applicable emissions standards and requirements when 
    operating on such fuel. See Sec. 241(2). Courts have recognized EPA's 
    authority to provide exemptions from CAA requirements when the burdens 
    of regulation yield a gain of trivial or no value. Alabama Power v. 
    Costle, 636 F.2d.323 (D.C. Cir. 1979). EPA believes that prohibiting 
    gaseous-fueled vehicles capable of limited operation on gasoline from 
    qualifying as CFVs would unnecessarily increase the burden of 
    compliance with state CFFPs, and would not result in any emissions 
    benefits.
        Allowing limited operation of such vehicles on gasoline in 
    emergency situations would not result in any adverse emissions impacts. 
    If a gaseous-fueled fleet vehicle is stranded within the nonattainment 
    area due to lack of fuel, and cannot operate on gasoline, even for a 
    limited number of miles, without violating the CFFP requirements, 
    another vehicle would have to be dispatched to ``rescue'' the stranded 
    vehicle and its occupants. The second vehicle may not be a CFV, 
    especially if it is not owned by the covered fleet (e.g., if a tow 
    truck was required to retrieve the stranded vehicle). This ``rescue 
    operation'' will therefore result in emissions likely to be equivalent 
    to, and perhaps in excess of, the incremental additional emissions 
    resulting from the limited operation of the gaseous-fueled CFV on 
    gasoline.
        In general, EPA expects that CFVs meeting the revised definition of 
    dedicated vehicle would meet the Tier 1 emission standards when 
    operating on conventional fuel. EPA expects that Original Equipment 
    Manufacturers (OEMs) will produce vehicles that meet the revised 
    definition of dedicated vehicle and have limited ability to operate on 
    a conventional fuel by limiting the conventional fuel use function of 
    dual-fuel vehicles (or engines) previously certified to Tier 1 
    emissions standards on conventional fuel. Aftermarket conversion 
    companies are likely to convert vehicles (or engines) previously 
    certified to Tier 1 standards on a conventional fuel to operate on a 
    gaseous fuel at least LEV emissions levels. If these vehicles are 
    equipped with an emergency reserve tank with limited capacity for the 
    conventional fuel, EPA expects that the vehicles' emissions on 
    conventional fuel during emergency operation will be similar to the 
    emissions of the vehicle prior to conversion (i.e., Tier 1 emissions 
    levels). Therefore, EPA believes it would be appropriate for state 
    CFFPs to allow fleet operators to purchase dedicated gaseous-fueled 
    vehicles that have limited ability to operate on gasoline, and to 
    operate for
    
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    limited mileage on gasoline in emergency situations in the covered 
    nonattainment area.
        EPA regulations define the term ``centrally fueled'' as meaning a 
    fleet, or that part of a fleet, consisting of vehicles that are fueled 
    100 percent of the time at a location that is owned, operated, or 
    controlled by the covered fleet operator, or is under contract with the 
    covered fleet operator. See 40 CFR 88.302-94. The proposed de minimis 
    exemption for limited operation on conventional fuel described above 
    would not affect this definition of ``centrally fueled'', because the 
    de minimis exemption would allow only limited operation in emergency 
    circumstances. A fleet operator would still need to determine whether, 
    in normal circumstances, its covered fleet vehicles are centrally 
    fueled 100 percent of the time.
        EPA considered two modifications to the definition of dedicated 
    vehicle to allow limited operation on conventional fuel. EPA considered 
    proposing to modify the definition of a dedicated fueled vehicle to 
    allow vehicles to be equipped with a fuel tank that would allow a range 
    of operation of 50 statute miles. This would require the replacement of 
    the existing gasoline tank with a tank of approximately two-gallon 
    capacity. However, the act of removing an existing fuel tank that has 
    met the crash tests and other testing required by the National Highway 
    Transportation Safety Administration (NHTSA) 10 could 
    require another set of vehicle crash tests with any vehicle using a 
    ``new'' fuel tank system, and the cost of conducting another set of 
    vehicle crash tests may deter manufacturers from modifying vehicles in 
    this manner.
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        \10\ Reference NHTSA's rules found at 49 CFR Part 555.
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        An alternative modification EPA considered proposing is retention 
    of the existing fuel tank and use of a timer to restrict fuel usage. 
    The timer could allow a maximum of one hour of operation on gasoline 
    followed by a period of time the vehicle could not operate on gasoline. 
    Manufacturers would be required to program these time periods into one 
    of the vehicle's computers. The choice of one hour of operation is 
    roughly equivalent to the 50-mile range criterion, based on the 
    combined fuel economy values and an assumed vehicle average speed of 50 
    miles-per-hour.
        To provide maximum flexibility to manufacturers and fleet 
    operators, EPA is proposing to amend definition of a dedicated vehicle 
    to allow both of these approaches: clean fuel vehicles equipped with a 
    timer that limits operation on gasoline to one hour at a time, and 
    clean fuel vehicles equipped with a fuel tank with fuel capacity of no 
    more than 50 miles of operation on gasoline, will be included in the 
    definition of a dedicated vehicle. Because the use of conventional fuel 
    is intended for emergency use only, and the operation on conventional 
    fuel is expected to be an exception, no emission or fuel economy 
    testing would be required on these vehicles with conventional fuel.
        The proposed revision to the definition of dedicated fuel systems 
    would apply only to light-duty vehicles and light-duty trucks, because 
    EPA has not adopted heavy-duty flexible and dual fueled Clean-Fuel 
    vehicle standards. See 59 FR 50050 (September 30, 1994).
    
    B. Engine Family Criteria and Assigned Deterioration Factors
    
        Manufacturers and aftermarket converters have expressed concerns to 
    EPA regarding the overall burden of complying with EPA's certification 
    regulations for vehicles converted to operate on a clean alternative 
    fuel for the purpose of meeting EPA's CFV emissions standards. The 
    burdens identified relate to the cost of certifying each engine family 
    and the narrowness of the criteria under which exhaust emission control 
    systems are classified into engine families.11
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        \11\ 40 CFR 86.096-24.
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        Because of the diversity in marketing requirements, a number of 
    engine families, with limited sales, would be created under current 
    regulations to meet consumer needs. Currently EPA provides for relief 
    from full useful life deterioration factor (DF) requirement for engine 
    families with a combined total sales of no more than 10,000 vehicles or 
    engines.12 In today's action EPA is proposing to adopt 
    similar provisions, applicable thru MY 2001, for vehicles and engines 
    certified to EPA's CFV emissions standards.
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        \12\ 40 CFR 86.094-24(e)(2).
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        The costs identified by the OEM and aftermarket conversion 
    manufacturers were the actual costs associated with certifying each 
    engine family. Costs attributed to certifying each engine family are 
    development costs, testing costs, and certification fees. Various 
    aftermarket conversion entities have estimated the costs of generating 
    DFs to be in excess of $1 million for each engine family. While EPA 
    does not have data to corroborate these cost estimates, the Agency 
    believes that the cost of generating DFs is significant, but expects it 
    is well below $1 million per engine family. EPA's current regulations 
    for small volume engine family certification allow manufacturers to use 
    assigned DFs generated by EPA. See 40 CFR 86.096-24(e)(2) Manufacturers 
    may also use Dfs they have generated using good engineering judgment. 
    See 40 CFR 86.094-14(c)(7)(i)(C)(2)(i). In today's action, EPA is 
    proposing to amend the regulations that clarify these options are also 
    available for CFV small-volume engine families. In September, 1995, EPA 
    issued a guidance letter to manufacturers containing assigned DFs for 
    gaseous fueled vehicles. In general, EPA expects that manufacturer's 
    use of these assigned DFs for gaseous fueled CFVs would qualify as DFs 
    generated using good engineering judgment under the regulatory 
    provision adopted today.
        EPA is proposing to amend the provisions that allow grouping of 
    certain CFV engine families into an engine family class. The criteria 
    for such grouping is described below. EPA expects that this proposed 
    action would serve to encourage production of CFVs for fleet operators 
    to purchase and use to meet state CFFP purchase requirements by 
    reducing the amount of testing needed for certification of CFVs. This 
    would allow manufacturers to introduce a greater number of CFV models 
    desired by fleet owners without incurring additional testing costs.
        Fleet vehicles must be able to perform a wide variety of duties, 
    such as meter-reading tasks, service repair, making deliveries, 
    transporting passengers, etc. Therefore, for a manufacturer or 
    aftermarket converter to be competitive in the clean fuel vehicle fleet 
    market, multiple engine families need to be certified for different 
    needs.
        Currently, vehicle grouping for the purpose of certification is 
    accomplished though the application of the ``engine family'' and 
    ``emission control system'' definitions in the regulations. Today's 
    proposal would establish a new definition for grouping engine families: 
    engine family class. An engine family class would be defined as engines 
    sharing the following common characteristics: (1) Meeting LEV, ILEV, 
    ULEV, or ZEV emission standards in 40 CFR Part 88, (2) same car line 
    name, (3) all engines have engine displacements within a range of 0.8L 
    13 less than the displacement of the engine used for 
    certification testing, (4) same catalyst construction, (5) same type of 
    precious metals used in the catalyst, and (6) same
    
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    relative engine/catalyst size and loading rates.
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        \13\ See EPA Advisory Circular 17F, page 9, which can be found 
    in the docket for this rulemaking action.
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        EPA is proposing to amend the criteria for engine family classes to 
    reduce the certification burden for CFVs and to combine vehicles which 
    are likely to exhibit similar exhaust emission deterioration over their 
    useful lives, based on the characteristics of current-technology 
    vehicles that most significantly affect the deterioration of emission 
    control over time. Each engine family class would be certified using 
    separate emission compliance data and a separate certificate of 
    conformity would be required for each engine family class.
        The engine family concept was originally developed as a way to 
    combine vehicles of similar emission deterioration rates. At that time 
    (in the early 1970's), the use of catalytic converters was less 
    prevalent and most emission reductions occurred though modifications to 
    the engine operating characteristics. For these vehicles, all emission 
    deterioration was due to increases in emissions coming directly out of 
    the engine (called ``engine-out'' emissions). Consequently, the 
    definition of engine family focused on engine-based parameters. Since 
    that time, there have been many advances in exhaust emission control 
    technology which have made the engine family concept less useful for 
    the purposes of grouping vehicles together on the basis of emission 
    deterioration.
        In today's vehicles, most emission control is accomplished through 
    catalytic conversion of the exhaust while the engine is controlled to 
    operate within carefully controlled air/fuel ratios to ensure optimum 
    catalyst efficiency. While manufacturers have demonstrated that 
    essentially no engine-out deterioration is experienced in their current 
    product, the mating of the catalyst with the engine is extremely 
    important. Appropriate sizing of the catalyst to the engine is critical 
    to achieve an appropriate catalyst residence time (the time the exhaust 
    gases remain in the catalyst) so that the catalytic reaction has time 
    to be completed. Adequate levels of precious metal loading and 
    appropriate dispersion are necessary to provide the active sites for 
    conversion and achieve the desired conversion rates. Also, the catalyst 
    must be placed in a temperature environment that allows it to quickly 
    come to operating temperature but does not expose it to damaging 
    amounts of high temperature during in-use driving.
        The proposed engine family class definition takes into account the 
    changes in emission control technology by shifting the focus away from 
    engine parameters to the ability of the overall engine and emission 
    control system to meet LEV, or better, standards. This single 
    requirement of focusing on a more stringent emission standard would 
    require the matching of the catalyst to the engine. The Agency believes 
    that the proposed engine family class definition would comprise an 
    effective emission control program and result in significant 
    environmental benefits by giving manufacturers additional incentives to 
    produce and market a broader range of vehicles and engines that meet 
    the CFV standards.
        EPA is proposing to provide this newly created engine family class 
    criteria through model year 2001, by which time EPA expects that 
    manufacturers would have had several years to assess the market 
    requirements and should be able to more accurately predict which 
    vehicle models, out of approximately 400 engine families currently 
    certified, fleet owners need and consumers favor. Manufacturers would 
    then know which engine families to focus certification testing on, 
    rather than certifying a variety of engine families. EPA currently 
    intends to propose new certification procedures for all light-duty 
    vehicles and light-duty trucks for application in model year 2000. If 
    these expected actions are delayed, the applicability of the definition 
    proposed in this notice could be extended in a subsequent rule.
        EPA notes that the proposed requirement that all engines in an 
    engine family class have the same type of catalyst precious metal 
    loading would apply only to OEMs. EPA is aware that catalysts are built 
    to the OEM's specifications, and that the actual amount and ratio of 
    precious metals in the catalyst is often considered confidential 
    business information that cannot be obtained by an aftermarket 
    converter who purchases a vehicle manufactured by an OEM to convert it 
    to operate on a clean alternative fuel. EPA believes that the remaining 
    criteria for grouping engines into an engine family class are 
    sufficient to ensure that vehicles and engines converted to operate on 
    a clean alternative fuel have similar emissions characteristics and 
    that it would be appropriate to group such vehicles and engines 
    together. Because manufacturers can only group vehicles that are in the 
    same car line, and have similar engine displacements, catalyst 
    construction, etc., it is unlikely that vehicles or engines that share 
    those common characteristics will have different catalyst precious 
    metal loadings. In the event that EPA has reason to believe that, in 
    spite of meeting the other criteria, an aftermarket converter is 
    attempting to group engines with different precious metal loadings, EPA 
    is proposing to reserve the right to limit engine family groupings by 
    aftermarket conversion companies if the Agency has reason to believe 
    that the proposed engine family grouping would result in an engine 
    family class containing engine families that are so dissimilar that 
    such grouping is not appropriate. Since the Agency's belief could be 
    based on information that is protected by confidential business 
    practices, EPA could not necessarily disclose this information to the 
    aftermarket conversion company. Based on a review of engine families 
    from previous model years, the Agency does not believe this scenario is 
    likely to occur but has decided to propose such a provision due to the 
    theoretical possibility of the scenario occurring in the future.
    
    C. Fees
    
        Today's action proposes to amend the current fee schedule in 40 CFR 
    Part 86, Subpart J by proposing exemptions from certification fee 
    requirements. The exemption (through MY 2001) is proposed for vehicles 
    and engines using certified to LEV, ULEV, ILEV, or ZEV, emission 
    standards in 40 CFR Part 88 under the small-volume certification 
    procedures in 40 CFR 86.094-14. In addition, a fee exemption is 
    provided through MY 2001 for dedicated gaseous fuel systems meeting 
    Tier 1 emission standards.
        The Act authorizes EPA to promulgate (and from time to time revise) 
    regulations establishing fees to recover all reasonable costs to the 
    Agency associated with (1) certification of new vehicles or engines 
    under section 206(a) or under part C of Title II of the Act, (2) 
    compliance monitoring and testing under section 206(b) or part C, and 
    (3) in-use compliance monitoring and testing under section 207(c) of 
    part C. Section 217 of the Act requires such fees to be consistent with 
    the Independent Offices Appropriation Act (IOAA), 37 U.S.C. 9701 et 
    seq., and requires that the Agency's fee schedule be based on such 
    factors as the Administrator finds appropriate, equitable, and 
    nondiscriminatory (including the number of vehicles or engines produced 
    under a certificate).
        Pursuant to its authority under section 217, EPA established a fee 
    schedule to recover costs associated with the activities described 
    above. This fee schedule currently applies to light-duty vehicles, 
    light-duty trucks, heavy-duty vehicles, heavy-duty engines, and 
    motorcycles, regardless of the emissions standards to which such 
    vehicles are
    
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    certified. Current EPA regulations provide for a partial fee waiver for 
    certification requests where the full fee exceeds one percent of the 
    aggregate projected retail sales price of vehicles that the certificate 
    would cover. If EPA grants a waiver, the applicable fee would be 
    equivalent to one percent of the aggregate projected retail sales price 
    of the vehicles or engines covered by the certification request.
        The first exemption proposed today is for vehicle technologies 
    certifying to LEV, ULEV, ILEV, or ZEV emissions standards in 40 CFR 
    88.104-94 and 88.105-94. This proposed exemption is consistent with 
    Section 217 of the CAA, and with the IOAA. Section 217 requires EPA's 
    fee schedule to be based on factors that the Administrator finds are 
    ``appropriate and equitable and nondiscriminatory.'' Section 217 also 
    requires EPA's fee regulations to be consistent with the IOAA. The IOAA 
    states that ''* * * [I]t is the sense of Congress that each service or 
    thing of value provided by an agency * * * is to be self-sustaining to 
    the extent possible.'' In addition, the IOAA authorizes agency heads to 
    adopt regulations establishing a fee for such ``services or things of 
    value'' provided by the agency. Such fees must be fair, and must be 
    based on the following factors: (1) Cost to the government, (2) value 
    of the service or thing to the recipient, (3) public policy or interest 
    serviced, and (4) other relevant facts.
        The proposed exemption from certification fees for vehicles and 
    engines certified as LEVs, ILEVs, ULEVs, and ZEVs emission standards is 
    consistent with the IOAA. The IOAA does not require agencies to be 
    completely self-sustaining, but only ``to the extent possible.'' In 
    establishing fees, it is appropriate for EPA to weigh its broad purpose 
    under the CAA of protecting the nation's air quality against the sense 
    of Congress that agencies should be self-sustaining to the extent 
    possible. See Aeronautical Radio v. Federal Communications Commission, 
    335 F.2d. 304 (7th Cir., 1964). While EPA recognizes that the Agency 
    would incur costs in issuing certificates for such vehicles, and in 
    assuring compliance with the applicable emissions standards, the 
    proposed fee exemption is consistent with Congressional intent to 
    encourage the development and production of clean-fuel vehicles for 
    state clean-fuel fleet programs, and with the broader long-term goal of 
    encouraging the penetration of clean-fuel vehicles in the national 
    vehicle market. These are valid public policy interests that may be 
    considered as a factor in setting fees under the IOAA in a manner that 
    furthers such interests.
        The proposed fee exemption for Tier 1 alternative fuel vehicles is 
    also consistent with Section 217 of the CAA and with the IOAA. As 
    described above, the IOAA does not require agencies to be completely 
    self-sustaining, but only to ``the fullest extent possible,'' and it is 
    appropriate for EPA to weigh its broad purpose under the CAA of 
    protecting air quality against the sense of Congress that agencies 
    should be self-sustaining to the extent possible. While EPA recognizes 
    that the Agency would incur costs in issuing certificates for such 
    vehicles and in assuring compliance with the applicable emissions 
    standards, the proposed fee exemption is consistent with EPA's broad 
    purpose of protecting air quality. Although these vehicles would be 
    certified to Tier 1 emissions standards, rather than to the more 
    stringent CFV emissions standards, all fuel systems for a gaseous-fuel 
    would have lower evaporative emissions than gasoline fueled vehicles 
    because these fuel systems are ``closed'' fuel systems under pressure. 
    These closed fuel systems are the only fuel systems thus far that have 
    been able to demonstrated compliance with the lower evaporative 
    emission standards required for ILEV evaporative emission compliance. 
    Even though the operating fuel system on these vehicles and engines 
    will have a fuel system that is similar to systems meeting ILEV 
    evaporative standards, these vehicles could also have an emergency 
    supply of conventional fuel and still qualify as dedicated vehicles if 
    EPA finalized the proposed revisions to the definition of dedicated 
    vehicle discussed in section C. 1. above. Lower evaporative emissions 
    can still be expected from such vehicles because they will carry lower 
    volumes of conventional fuel than do dedicated conventional fuel 
    vehicles. In addition, there will be lower refueling losses because the 
    conventual fuel is an emergency only fuel supply and will be 
    replenished infrequently. Therefore, it would be appropriate and 
    consistent with EPA's broad purpose of reducing emissions that result 
    in air pollution problems for the Agency to waive certification fees 
    for gaseous-fueled Tier 1 vehicles as a means to encourage 
    manufacturers to produce such vehicles. Moreover, EPA expects that some 
    CFVs purchased by fleet operators towards compliance with requirements 
    of CFFPs will be gaseous-fueled CFVs, and encouraging production of 
    gaseous-fueled Tier 1 vehicles would assist those fleet operators that 
    choose gaseous-fueled CFVs by promoting and supporting the gaseous fuel 
    fueling infrastructure.
        The current fee structure is based on recovering EPA's cost for 
    each engine family. Current regulations rules do allow for partial 
    waiver of the full fee. This waiver requires the manufacturer to pay 1 
    percent of the retail value of the vehicle up to a full fee. The net 
    result is for any engine family with expected annual sales of 
    approximately 100 units, the manufacturers would be required to pay the 
    full certification fee. For aftermarket conversions, however, the one 
    percent of the retail value criterion is based on the sales price of 
    the converted vehicle, and does not reflect the cost of procuring the 
    pre-conversion vehicle or engine. The conversion process may add $5,000 
    to the vehicle's pre-conversion cost. The retail value of the converted 
    vehicle may be anywhere from $10,000 for a LDV to $20,000 for a pickup 
    truck. The fee the aftermarket conversion manufacturer pays is based on 
    the total retail value of the vehicle, not just the value added. 
    Therefore, if the retail value of the converted vehicle is $25,000 the 
    fee under the current waiver provision would be 1 percent of $25,000, 
    or $250. If the convertor expects to sell at least 100 converted 
    vehicles, it would have to pay the full certification fee of $23,741.00 
    .
        For the 1997 model year 14 EPA certified 12 engine 
    families to LEV, ILEV, ULEV, and ZEV emission standards; three LDV's, 
    four LDT's, and five HDE's. The total fees paid to EPA for these 12 
    engine families amount to less than $250,000. Since few gaseous-fueled 
    engine families have been certified to Tier 1 emissions standards, EPA 
    does not expect the cost of the fee waiver proposed for Tier 1 gaseous-
    fueled vehicles and engines would be significant. The cost of the 
    proposed fees exemptions would not be passed on to other manufacturers.
    ---------------------------------------------------------------------------
    
        \14\ As of May 30, 1997.
    ---------------------------------------------------------------------------
    
        In today's action, EPA is proposing a fee exemption for any engine 
    family certified to Federal LEV, ILEV, ULEV, or ZEV emissions standards 
    in 40 CFR Part 88. The proposed fee exemption, applicable through MY 
    2001, would be expected to result in a greater number of engine 
    families and vehicles available for fleet operators to purchase and use 
    to comply with the requirements of Clean-Fuel Fleet Programs. In 
    addition, today's proposal is intended to reduce the overall burden of 
    certifying clean-fuel vehicles and to provide additional incentive to 
    both OEM and aftermarket converters to certify vehicles and engines 
    that meet the CFV emission standards.
    
    [[Page 38772]]
    
        This proposed exemption would apply through MY 2001 because EPA 
    expects that such incentive will not be needed after MY 2001 as the 
    production and sales of CFVs by that time should be at a level such 
    that the amount of fees paid to EPA can easily be amortized over the 
    total sales. EPA would apply this exemption in an equitable, 
    nondiscriminatory manner--any manufacturer of a small volume engine 
    family certified to LEV, ULEV, ILEV, or ZEV emissions standards under 
    40 CFR Part 88 would be eligible to receive an exemption.
    
    III. Administrative Requirements
    
    A. Administrative Designation
    
        Under Executive Order 12866 (58 FR 51735 (October 4, 1993)), the 
    Agency must determine whether this proposed regulatory action is 
    ``significant'' and therefore subject to Office of Management and 
    Budget (OMB) review and, the requirements of the Executive Order. The 
    order defines ``significant regulatory action'' as one that is likely 
    to result in a rule that may:
        (1) Have an annual effect on the economy of $100 million or more or 
    adversely affect, in a material way, the economy, a sector of the 
    economy, productivity, competition, jobs, the environment, public 
    health or safety, or State, local, or tribal governments or 
    communities;
        (2) Create a serious inconsistency or otherwise interfere with an 
    action taken or planned by another agency;
        (3) Materially alter the budgetary impact of entitlements, grants, 
    user fees, or loan programs or the rights and obligations of recipients 
    thereof; or
        (4) Raise novel legal or policy issues arising out of legal 
    mandates, the President's priorities, or the principles set forth in 
    the Executive Order.
        Pursuant to the terms of Executive Order 12866, EPA has determined 
    that this proposed action is not a ``significant regulatory action'' 
    within the meaning of the Executive Order, and is therefore not subject 
    to OMB review. Today's action proposes to amend current regulations to 
    streamline the certification process for manufacturers of Clean Fuel 
    vehicles and dual fuel gaseous fueled vehicles and engines.
    
    B. Regulatory Flexibility
    
        The Regulatory Flexibility Act (RFA) generally requires an agency 
    to conduct a regulatory flexibility analysis of any rule of any rule 
    subject to notice and comment rulemaking requirements unless the agency 
    certifies that the rule will not have significant economic impact on a 
    substantial number of small entities. Small entities include small 
    business, small not-for-profit enterprises, and small governmental 
    jurisdictions. This proposed rule would not have significant impact on 
    a substantial number of small entities because today's proposed action 
    would not impose any new requirements on small entities. In fact, this 
    proposal would reduce the costs of certification for all entities, 
    including small entities, that manufacturers of CFVs, as well as 
    reducing costs for all entities that convert conventional vehicles to 
    vehicles that operate on gaseous and other fuels, including small 
    entities that perform such actions. Therefore, I certify that this 
    action will not have a significant economic impact on a number of small 
    entities.
    
    C. Unfunded Mandates
    
        Under section 202 of the Unfunded Mandates Reform Act of 1995 
    (``UMRA'') signed into law on March 22, 1995, EPA must prepare a 
    written statement to accompany any rule where the estimated costs to 
    State, local, or tribal governments, in the aggregate, or to the 
    private sector, will be $100 million or more in any one year. Under 
    section 205, for any rule subject to section 202, EPA must select the 
    most cost-effective and least burdensome alternative that achieves the 
    objective of the rule and that is consistent with statutory 
    requirements. Section 203 requires EPA to establish a plan for 
    informing and advising any small governments that may be significantly 
    and uniquely impacted by the rule.
        EPA has determined that this proposed rule does not trigger the 
    requirements of UMRA. The proposed rule does not include a Federal 
    mandate that may result in estimated annual costs to State, local, or 
    tribal governments in the aggregate, or to the private sector, of $100 
    million or more, and it does not propose regulatory requirements that 
    may significantly or uniquely affect small governments. Therefore, this 
    proposed rule does not trigger the requirements of UMRA.
    
    D. Reporting and Recordkeeping Requirement
    
        Today's proposal does not impose any new information collection 
    burden. The Office of Management and Budget (OMB) has previously 
    approved the information collection requirements under the provisions 
    of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. And has assigned 
    OMB control number 2060-0104 (EPA ICR No. 0783).
        Burden means the total time, effort, or financial resources 
    expended by persons to generate, maintain, retain, or disclose or 
    provide information to or for a Federal agency. This includes the time 
    needed to review instruction; develop, acquire, install, and utilize 
    technology and systems for the purposes of collecting, validating, and 
    verifying information, processing and maintaining information, and 
    disclosing and providing information; adjust the existing ways to 
    comply with any previously applicable instructions and requirements; 
    train personnel to be able to respond to a collection of information; 
    search for data sources; complete and review the collection of 
    information; and transmit or otherwise disclose the information.
        Copies of the ICR document(s) may be obtained from Sandy Farmer, 
    OPPE Regulatory Information Division; EPA; 401 M St., SW. (mail code 
    2137); Washington, DC 20460 or by calling (202) 260-2740. Include the 
    ICR and/or OMB number in any correspondence.
    
    E. Environmental and Economic Impacts
    
        This proposal will have no adverse effects on air quality, since 
    all current emissions standards and requirements would continue to 
    apply to vehicles and engines affected by today's action. EPA believes 
    that this proposed action would encourage manufacturers to develop and 
    market vehicles and engines with innovative, new emissions control 
    technology, ultimately resulting in broader market penetration of CFVs 
    and clean alternative fuels.
        By proposing to waive certification fees for qualifying vehicles, 
    this proposed action would reduce the regulatory burden on industry 
    without adversely affecting air quality.
    
    F. Protection of Children From Environmental Health Risks and Safety 
    Risks
    
        This proposed rule is not subject to E.O. 13045, entitled 
    ``Protection of Children from Environmental Health Risks and Safety 
    Risks (62 FR 19885, April 23, 1997), because it does not involve 
    decisions on environmental health risks or safety risks that 
    disproportionately affect
    
    G. Public Participation
    
    1. Comments and the Public Docket
        EPA welcomes comments on all aspects of this proposed rulemaking. 
    All comments, with the exception of proprietary information should be 
    addressed to the EPA Air Docket Section, Docket No. A-97-27 (see 
    ADDRESSES).
        Commenters who wish to submit proprietary information for
    
    [[Page 38773]]
    
    consideration should clearly separate such information from other 
    comments by (1) labeling proprietary information ``Confidential 
    business Information'' and (2) sending proprietary information directly 
    to the contact person listed (see FOR FURTHER INFORMATION CONTACT) and 
    not to the public docket. This would help insure that proprietary 
    information is not inadvertently placed in the docket. If a commenter 
    wants EPA to use a submission labeled as confidential business 
    information as part of the basis for the notice of proposed rulemaking, 
    then a non-confidential version of the document, which summarizes the 
    key data or information, should be sent to the docket.
        Information covered by a claim of confidentiality will be disclosed 
    by EPA only to the extent allowed and by the procedures set forth in 40 
    CFR Part 2. If no claim of confidentiality accompanies the submission 
    when it is received by EPA, the submission may be made available to the 
    public without notifying the commenters.
    2. Public Hearing
        Any person can request EPA to hold a public hearing on this 
    proposed action, but such request must be received by August 19, 1998. 
    Because no hearing will occur, absent a request for one, interested 
    parties should contact Clifford D. Tyree at the number listed below 
    after August 19, 1998 to determine whether a hearing will take place.
    
    IV. Statutory Authority
    
        Authority for the actions set forth in this notice of proposed 
    rulemaking is granted to the EPA by sections 202, 203, 206, 207, 217, 
    241, 242, 243, 244, 245, 246, 247, and 301(a) of the Clean Air Act as 
    amended (15 U.S.C. 2001, 2002, 2003, 2005, 2006, 2013; 42 U.S.C. 7521, 
    7522, 7524, 7525, 7541, 7542, 7549, 7550, and 7601(a)).
    
    List of Subjects in 40 CFR Part 86
    
        Environmental protection, Administrative practice and procedure, 
    Confidential business information, Labeling, Motor vehicle pollution, 
    Reporting and recordkeeping requirements.
    
        Dated: July 8, 1998.
    Carol M. Browner,
    Administrator.
    
        For the reasons set out in the preamble, chapter I, title 40 of the 
    Code of Federal Regulations is proposed to be amended as follows:
    
    PART 86--[AMENDED]
    
        1. The authority citation for part 86 continues to read as follows:
    
        Authority: 42 U.S.C. 7401-7671q.
    
        2. Section 86.090-2 of Subpart A is amended by revising the 
    definition of ``Dedicated vehicle (or engine)'' to read as follows:
    
    
    Sec. 86.090-2  Definitions.
    
    * * * * *
        Dedicated vehicle (or engine) means, any motor vehicle (or motor 
    vehicle engine) engineered and designed to be operated using a single 
    fuel. Flexible fuel vehicles and multi-fuel vehicles are not dedicated 
    fuel vehicles. Through model year 2001, motor vehicles (or motor 
    vehicle engines) capable of operating on a second fuel through use of 
    one of the options listed in paragraphs (1) and (2) of this definition 
    are dedicated vehicles (or engines):
        (1) Vehicles or engines certified to Tier 1, LEV, ULEV, ILEV, or 
    ZEV that are capable of operation on a conventional fuel for a maximum 
    of one hour during a three-hour period.
        (2) Vehicles or engines certified to Tier 1, LEV, ULEV, ILEV, or 
    ZEV that are capable of operation on a conventional fuel no more than 
    50 miles on a conventional fuel limited either by fuel tank capacity or 
    tamper-proof electronic software.
    * * * * *
        3. Section 86.096-24 of Subpart A is amended by revising paragraph 
    (a)(2) introductory text and adding new paragraphs (c)(4), (c)(5), 
    (e)(1), (i), and (j) to read as follows:
    
    
    Sec. 86.096-24  Test vehicles and engines.
    
        (a) * * *
        (2) To be classed in the same engine family, engines must be 
    identical in all the respects listed in paragraphs (a)(2)(i) through 
    (x) of this section or, at the manufacturers option, as allowed in 
    paragraphs (i) and (j) of this section.
    * * * * *
        (c) * * *
        (4) Light-duty vehicles and light-duty trucks applying for a 
    certificate of conformity with Clean-Fuel vehicle emissions standards 
    in 40 CFR part 88. This paragraph (c)(4) applies to engines, systems, 
    or components used to establish exhaust emission deterioration factors 
    for light-duty vehicle and light-duty truck small volume engine 
    families certified to LEV, ILEV, ULEV, or ZEV emissions standards in 40 
    CFR part 88.
        (i) For light duty vehicles, the Administrator shall select the 
    vehicles, engines, systems, or components to be used to determine 
    exhaust emission deterioration factors for each engine family or engine 
    family class control system combination using the criteria in paragraph 
    (c)(1) of this section, or, alternatively, by selecting the vehicle 
    with the largest projected sales volume in the engine family or engine 
    family class.
        (ii) For light duty trucks, the manufacturer shall select the 
    vehicles, engines, systems, or components to be used to determine 
    exhaust emission deterioration factors for each engine family or engine 
    family class control system combination using the criteria in paragraph 
    (c)(2) of this section, or alternatively, by selecting the vehicle with 
    the largest projected sales volume in the engine family or engine 
    family class.
        (iii) For light duty vehicles, service accumulation procedures must 
    comply with one of the following:
        (A) 40 CFR 86.094-26 (a); or
        (B) 40 CFR 86.094-14 (c)(7)(i)(C).
        (iv) For light duty trucks, service accumulation procedures must 
    comply with one of the following:
        (A) 40 CFR 86.094-26 (b) and (d); or
        (B) 40 CFR 86.094-14 (c)(7)(i)(C).
        (5) Heavy-duty engines applying for a certificate of conformity 
    with Clean-fuel vehicle emissions standards in 40 CFR part 88. This 
    paragraph (c)(5) applies to engines, systems, or components used to 
    establish exhaust emission deterioration factors for small volume 
    heavy-duty engine families certified to LEV, ILEV, ULEV, or ZEV 
    emissions standards in 40 CFR part 88.
        (i) The manufacturer shall select the vehicles, engines, systems, 
    or components to be used to determine exhaust emission deterioration 
    factors for each engine family or engine family class control system 
    combination using the criteria in paragraph (c)(3) of this section, or 
    alternatively, by selecting the engine with the largest projected sales 
    volume in the engine family or engine family class.
        (ii) Service accumulation procedures must comply with one of the 
    following:
        (A) 40 CFR 86.094-26(c) and (d);
        (B) 40 CFR 86.094-14 (c)(7)(i)(C); or
        (C) The engine must be operated at maximum power and maximum fuel 
    rate for 500 engine hours. Three tests, equally spaced, shall be used 
    to extrapolate deterioration factors.
    * * * * *
        (e)(1) Any manufacturer may request to certify engine families, 
    with combined total U.S. sales of vehicles and engines fewer than 
    10,000 units, for the model years 1999 through 2001, to the clean-fuel 
    vehicle standards prescribed in 40 CFR 88.104-94 and
    
    [[Page 38774]]
    
    88.105-94, under the provisions of Sec. 86.094-14, in addition to the 
    vehicles certified under paragraph (e)(2) of this section.
    * * * * *
        (i) For light duty vehicles and light duty trucks, small volume 
    engine families certified to LEV, ULEV, ILEV, or ZEV emissions 
    standards in 40 CFR part 88 may be grouped into an engine family class, 
    provided that:
        (1) For original equipment manufacturers, the following criteria 
    are met:
        (i) Vehicles are all certified to the same emissions standards 
    prescribed in 40 CFR 88.104-94.
        (ii) The maximum range of engine displacement is less than or equal 
    to 0.8 liters of the largest displacement in the class.
        (iii) Same type of catalyst (e.g., beads or monolith).
        (iv) Same precious metal composition of the catalyst by the type of 
    principle active material(s) used (e.g., platinum based oxidation 
    catalyst, palladium based oxidation catalyst, platinum and rhodium 
    three-way catalyst, palladium and rhodium three-way catalyst).
        (v) The ratios of [(catalysts volume/displacement)  x  (catalyst 
    loading rate)] of all catalysts is within 25 percent or 0.2 g/liter of 
    each other.
        (2) For aftermarket conversions, the following criteria are met:
        (i) Vehicles are all certified to the same emissions standards 
    prescribed in 40 CFR 88.104-94.
        (ii) The maximum range of engine displacement is less than or equal 
    to 0.8 liters of the largest displacement in the class.
        (iii) Same type of catalyst (e.g., beads or monolith).
        (iv) All carlines or engine models were included on the certificate 
    for the pre-conversion configuration.
        (3) Vehicles certifying to more than one set of emission standards 
    specified in this paragraph (i) may be grouped into a single engine 
    family class, as provided in paragraphs (i)(1) and (i)(2) of this 
    section. For example, a manufacturer may certify a vehicle to both ULEV 
    and ILEV standards, or to both ZEV and ILEV standards.
        (j) For heavy duty engines, small volume engine families certified 
    to LEV, ULEV, or ZEV emissions standards in 40 CFR 88.105-94 may be 
    grouped into an engine family class, provided that:
        (1) For original equipment manufacturers, the following criteria 
    are met:
        (i) The engines meet the requirements of paragraphs (a)(2)(iv) 
    through (a)(2)(x) of this section.
        (ii) The maximum range of engine displacement is less than or equal 
    to 0.8 liters of the largest displacement in the class.
        (iii) Same type of catalyst (e.g., beads or monolith).
        (iv) Same precious metal composition of the catalyst by the type of 
    principle active material(s) used (e.g., platinum based oxidation 
    catalyst, palladium based oxidation catalyst, platinum and rhodium 
    three-way catalyst, palladium and rhodium three-way catalyst).
        (v) The ratio of [(catalysts volume/displacement)]  x  [catalyst 
    loading rate] of all combinations is within 25% or .2 g/liter.
        (2) For aftermarket conversions, the following criteria are met:
        (i) The maximum range of engine displacement is less than or equal 
    to 0.8 liters of the largest displacement in the class.
        (ii) Same type of catalyst (e.g., beads or monolith).
        (iii) All carlines or engine models were included on the 
    certificate for the pre-conversion configuration.
        4. Section 86.099-2 is added to subpart A to read as follows:
    
    
    Sec. 86.099-2  Definitions.
    
        The definitions of Sec. 86.098-2 continue to apply to 1998 and 
    later model year vehicles. The definitions listed in this section apply 
    beginning with the 1999 model year.
        Engine Family Class means:
        (1) A grouping of vehicles or engine families that meets the 
    following criteria:
        (i) Dedicated vehicles or engines that meet LEV, ILEV, ULEV, or ZEV 
    emission standards in 40 CFR 88.104-94 or 88.105-94.
        (ii) The maximum range of engine displacement is not more than 0.8L 
    of the largest displacement tested in the class.
        (iii) Same type of catalyst.
        (iv) Same principle active precious metal.
        (v) The ratios of [(catalysts volume/displacement)  x  (catalyst 
    loading rate)] of all catalysts is within 25 percent or 0.2 g/liter of 
    each other.
        (vi) For aftermarket conversions, all carlines or engine models 
    were included on the certificate for the pre-conversion configuration.
        (2) This definition is applicable for model years 1999 through 
    2001.
        5. Section 86.908-93 of Subpart J is amended by adding paragraph 
    (d) to read as follows:
    
    
    Sec. 86.908-93  Waivers and refunds.
    
    * * * * *
        (d)(1) For model years 1999 through 2001, the required fees under 
    this subpart shall be waived for any light-duty vehicle, light-duty 
    truck, or heavy-duty engine family that meets the following 
    requirements:
        (i) Is a dedicated vehicle or engine;
        (ii) Is seeking certification to LEV, ILEV, ULEV, or ZEV emissions 
    standards in 40 CFR part 88; and
        (iii) Meets the small volume sales requirements of Sec. 86.094-
    14(b) or Sec. 86.094-24(e).
        (2) If the manufacturer does not receive a certificate of 
    conformity with the LEV, ILEV, ULEV, or ZEV emissions standards in 40 
    CFR part 88, the fee requirements of this section will apply. Before 
    any certificate can be issued, the applicable fee must be paid.
    
    [FR Doc. 98-18860 Filed 7-17-98; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Published:
07/20/1998
Department:
Environmental Protection Agency
Entry Type:
Proposed Rule
Action:
Notice of proposed rule.
Document Number:
98-18860
Dates:
Any party who wishes to submit comments must do so by August 19, 1998 unless a hearing is requested. Any person can request EPA to hold a public hearing on this action, but such request must be received by August 19, 1998. If a hearing is requested, it will take place on September 18, 1998, and interested parties will have an additional 30 days after the hearing (until October 19, 1998) to submit comments on any information presented at the hearing. Because no hearing will occur, absent a ...
Pages:
38767-38774 (8 pages)
Docket Numbers:
AMS-FRL-6124-1
PDF File:
98-18860.pdf
Supporting Documents:
» Legacy Index for Docket A-97-27
» Optional Certification Streamlining Procedures for Light-Duty Vehicles, Light-Duty Trucks, and Heavy-Duty Engines for Original Equipment Manufacturers and for Aftermarket Conversion Manufacturers [A-97-27-V-A-1]
» Optional Certification Streamlining Procedures for Light-Duty Vehicles, Light-Duty Trucks, and Heavy-Duty Engines for Original Equipment Manufacturers and for Aftermarket Conversion Manufacturers [A-97-27-III-A-2]
» Optional Certification Streamlining Procedures for Light-Duty Vehicles, Light-Duty Trucks, and Heavy-Duty Engines for Original Equipment Manufacturers and for Aftermarket Conversion Manufacturers [A-97-27-III-A-1]
CFR: (4)
40 CFR 86.090-2
40 CFR 86.096-24
40 CFR 86.099-2
40 CFR 86.908-93