UNITED
STATES
ENVIRONMENTAL
PROTECTION
AGENCY
National
Vehicle
and
Fuel
Emissions
Laboratory
2565
Plymouth
Road
Ann
Arbor,
Michigan
48105­
2498
May
31,
2005
MEMORANDUM
SUBJECT:
Discussion
of
Proposed
Rule
for
In­
Use
Testing
of
Heavy­
Duty
Diesel
Engines
and
Vehicles
with
STAPPA/
LADCO
and
NGOs
in
December
2004
and
March
FROM:
Richard
S.
Wilcox
Assessment
and
Standards
Division
Office
of
Air
and
Radiation
U.
S.
Environmental
Protection
Agency
TO:
The
Air
and
Radiation
Docket
Docket
No.
OAR­
2004­
0072
We
discussed
the
status
and
contents
of
the
heavy­
duty
in­
use
testing
rulemaking
with
State
and
Territorial
Air
Pollution
Program
Administrators
and
Association
of
Local
Air
Pollution
Control
Officials
(
STAPPA/
LADCO)
and
several
non­
governmental
organizations
(
NGOs)
on
December
9,
2004
and
March
18,
2005.
No
significant
comments
were
received
based
on
these
discussions.
The
participants
for
each
discussion
are
listed
below.

December
9,
2004:
Nancy
Kruger,
STAPPA/
LADCO;
Patricia
Monahan,
Union
of
Concerned
Scientists;
Janea
Scott,
Environmental
Defense
Fund;
and
Paul
Billings,
American
Lung
Association.

March
18,
2005:
Bill
Becker,
STAPPA/
LADCO;
Nancy
Kruger,
STAPPA/
LADCO;
Rich
Kassel,
Natural
Resource
Defense
Council;
Paul
Billings,
American
Lung
Association;
Janea
Scott,
Environmental
Defense
Fund;
and
Patricia
Monahan,
Union
of
Concerned
Scientists.

The
material
used
in
the
December
9,
2004
discussion
is
attached.
No
material
was
distributed
for
the
March
18,
2005
discussion.
Attachment
HDIUT
Objective
Monitor
NTE
compliance
and
exhaust
emissions
throughout
useful
life
of
2007
model
year
and
later
HDDEs
under
real­
world
conditions
Initial
focus
on
implementing
in­
use
testing
and
data
generation
Principle
Program
Elements
Using
onboard,
mobile
emission
testing
devices
(
like
ROVER)
Pilot
program
2005/
2006
Fully
enforceable
2007
Number
of
Families
Tested
Up
to
25
%
per
year
for
families
with
more
than
1500
engines/
year
1
family
per
year
for
small
engine
manufacturers
Truck
procurement,
mileage
and
screening
Test
vehicles
will
be
obtained
from
at
least
two
sources
Normal
In­
use
operation,
routes,
operator,
and
environmental
conditions
Proper
use
and
maintenance
No
screening
out
high
mileage,
up
to
useful
life
Likely
significant
non­
idle
operation
Emissions
to
be
measured:
THC,
CO,
NOx,
PM,
CO2,
O2
EPA/
CARB
reserve
right
to
conduct
its
own
testing,
no
routine
testing
Limit
SEA
program
solely
to
instances
where
credible
evidence
indicates
nonconformity.

Vehicle
Pass
Criteria
Vehicle
passes
if
90%
or
more
of
the
valid
NTE
sampling
events
on
a
time
weighted
basis
are
at
an
emission
level
that
is
less
than
or
equal
to
the
NTE
threshold.
All
the
sampling
events
must
be
less
than
two
times
(
2X)
the
NTE
threshold.
The
NTE
Threshold
will
be
the
NTE
standard,
including
the
margins
built
into
the
existing
regulations,
plus
additional
margin
to
account
for
in­
use
measurement
accuracy.
The
additional
margin
will
be
adjusted
or
phased­
out
through
future
rulemaking.

Two
Phase
Test
Program
Phase
1
Sample
size
5­
10
vehicles
If
5
out
of
5
or
5
out
of
6
passes,
no
further
testing
or
action
If
2
fail,
test
4
more
If
more
than
2
failures,
then
actions
could
include:
No
further
action
(
no
significant
issues
indicated
by
data)
Attachment
Mandatory
Phase
2
testing
if
5
or
more
vehicles
fail,
unless
manufacturer
agrees
to
remedial
action
Voluntary
Phase
2
testing
if
EPA,
ARB,
and
manufacturer
agree
when
3
or
4
vehicles
fail
Pursue
remedial
action
directly
if
warranted
based
on
Phase
1
(
or
Phase
2)
and
other
relevant
data
or
considerations
Phase
2
Sample
size
10
vehicles
Required
if
5
or
more
Phase
1
vehicles
fail
and
manufacturer
does
not
volunteer
remedial
action
If
EPA,
ARB,
and
manufacturer
agree
when
3
or
4
Phase
1
vehicles
fail
Manufacturers
may
elect
for
any
reason.

Significant
Developments
in
Proposed
Rulemaking
Portable
measurement
systems
for
PM
require
additional
development.
We
are
proposing
to
begin
PM
measurements
in
the
2005
pilot
program
along
with
measuring
the
gaseous
pollutants.
The
Federal
Register
notice
asks
for
comment
regarding
the
status
and
timing
of
the
PM
capability.
The
new,
additional
margin
to
account
for
in­
use
measurement
accuracy
has
been
set
at
5
percent.
