Draft Amendments for the Manufacturer-Run, Heavy-Duty Engine In-Use
Testing Program

For the reasons set out in the preamble, title 40, chapter I of the Code
of Federal Regulations is amended as follows:

PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND
ENGINES

1.	Section 86.1912 is amended by adding new paragraphs (a)(3)(v) and
(a)(5) and revising paragraph (a)(4) to read as follows:

§86.1912  How do I determine whether an engine meets the vehicle-pass
criteria?

*		  * 			*		  *		  *

 (a) *   *   *

	(3) *   *   *

		(v)  NOx + NMHC: 0.47 grams per brake horsepower–hour.

	(4) Accuracy margins for portable in-use equipment when testing is not
performed under the special provisions of §86.1930 for engines families
that are selected for testing in calendar year 2009 or earlier are as
follows:

		(i) NMHC using the emission calculation method specified in 40 CFR
1065.650(a)(1):  0.02 grams per brake horsepower-hour.

		(ii) NMHC using the emission calculation method specified in 40 CFR
1065.650(a)(3):  0.01 grams per brake horsepower-hour. 

		(iii) NMHC using an alternative emission calculation method as
approved by the Administrator under 40 CFR 1065.915(d)(5)(iv):  0.01
grams per brake horsepower-hour. 

		(iv) CO using the emission calculation method specified in 40 CFR
1065.650(a)(1):  0.5 grams per brake horsepower-hour.

		(v) CO using the emission calculation method specified in 40 CFR
1065.650(a)(3):  0.34 grams per brake horsepower-hour.

		(vi) CO using an alternative emission calculation method as approved
by the Administrator under 40 CFR 1065.915(d)(5)(iv):  0.34 grams per
brake horsepower-hour. 

		(vii) NOx using the emission calculation method specified in 40 CFR
1065.650(a)(1):  0.45 grams per brake horsepower-hour.

		(viii) NOx using the emission calculation method specified in 40 CFR
1065.650(a)(3):  0.20 grams per brake horsepower-hour.

		(ix) NOx using an alternative emission calculation method as approved
by the Administrator under 40 CFR 1065.915(d)(5)(iv):  0.20 grams per
brake horsepower-hour. 

		(x) NOx + NMHC using the emission calculation method specified in 40
CFR 1065.650(a)(1):  0.47 grams per brake horsepower-hour.

		(xi) NOx + NMHC using the emission calculation method specified in 40
CFR 1065.650(a)(3):  0.21 grams per brake horsepower-hour.

		(xii) NOx + NMHC using an alternative emission calculation method as
approved by the Administrator under 40 CFR 1065.915(d)(5)(iv):  0.21
grams per brake horsepower-hour. 

		(xiii) PM:  To be determined by rulemaking as indicated in §86.1935.

	(5) Accuracy margins for portable in-use equipment when testing is not
performed under the special provisions of §86.1930 for engines families
that are selected for testing in calendar year 2010 or later are as
follows:

		(i) NMHC using any emission calculation method specified in 40 CFR
1065.650(a) or an alternative emission calculation method as approved by
the Administrator under 40 CFR 1065.915(d)(5)(iv):  0.01 grams per brake
horsepower-hour. 

		(ii) CO using any emission calculation method specified in 40 CFR
1065.650(a) or an alternative emission calculation method as approved by
the Administrator under 40 CFR 1065.915(d)(5)(iv):  0.34 grams per brake
horsepower-hour. 

		(iii) NOx using any emission calculation method specified in 40 CFR
1065.650(a) or an alternative emission calculation method as approved by
the Administrator under 40 CFR 1065.915(d)(5)(iv):  0.20 grams per brake
horsepower-hour. 

		(iv) PM: To be determined by rulemaking as indicated in §86.1935.

  * 			*		  *		  *

2.	Section 86.1930 is amended by revising the title and the introductory
paragraph to read as follows:

§86.1930  What special provisions apply from 2005 through 2008?

	We may direct you to test engines under this subpart for emissions
other than PM in 2005 and 2006, and for PM emissions in 2007 and 2008. 
In those interim periods, all the provisions of this subpart apply, with
the following exceptions:

*		  * 			*		  *		  *

3.	Section 86.1935 is amended to read as follows:

§86.1935  What special provisions may apply as a consequence of a delay
in the accuracy margin report for portable emission measurement systems?
tc "86.1935 What special provisions may apply as a consequence of a
delay in the accuracy margin  report for portable emission measurement
systems?" 

(a) A memorandum entitled, “Memorandum of Agreement, Program to
Develop Emission Measurement Accuracy Margins for Heavy-Duty In-Use
Testing” describes a test program for establishing measurement
accuracy margins related to testing under §86.1912(a)(4) which will be
used for testing under this subpart.  This document is available at
http://www.epa.gov/otaq/hd-hwy.htm or at the mailing address specified
in §86.1905(g).

(b) If there is a delay in receiving the written final report for PM
emissions described in the agreement referenced in paragraph (a) of this
section, and that delay is not attributable to engine manufacturers
failing to meet their commitments under that agreement, the following
provisions apply:

(1) If the delay is 3 months or less, we will delay the designation of
engine families for testing in the applicable calendar year, as
described in §86.1905(d), by the same number of additional whole months
(rounded up) needed to complete the report.  

(2) If the delay is more than 3 months but less than 12 months, we may
continue to designate engine families for testing under the special
provisions described in §86.1930 for an additional year.

(3) If the delay is longer than 12 months, the following approach is
established for the applicable calendar year:

(i) If the delay is longer than 12 months but less than 15 months, we
will follow the steps described in paragraph (b)(1) of this section.

(ii) If the delay is longer than 15 months, but, less than 24 months, we
will follow the steps described in paragraph (b)(2) of this section, for
the applicable calendar year.

(iii) If the delay is longer than 24 months, the emission testing
program will go into abeyance.

(c) If one or more engine manufacturers fail to meet commitments under
the agreement described in paragraph (a) of this section and such a
failure results in a delay in the final written report for PM emissions
described in the agreement, the following provisions apply:

(1) If the delay is 3 months or less, we will delay the designation of
engine families for testing in the applicable calendar year, as
described in §86.1905(d), by the same number of additional whole months
(rounded up) needed to complete the report.  

(2) If the delay is more than 3 months but less than 12 months, the
provisions of this subpart will not apply for the otherwise applicable
calendar year, subject to the following provisions:

(i) We may identify the number of engine families that would otherwise
have been designated for testing in that calendar year for the delayed
pollutant type and direct manufacturers to test that number of engine
families under the special provisions described in §86.1930 and
additionally in any later calendar year once the provisions of this
subpart begin for that pollutant type, without counting those
accumulated engine families toward the allowable annual cap on the
number of engine families specified in §86.1905.

(ii) The normal 18-month period for testing and reporting results
specified in §86.1905(d) is extended to 24 months for any accumulated
engine-family designation described in paragraph (c)(2)(i) of this
section. The additional time extensions for testing and reporting
results as specified in §86.1905(d) also apply

(3) If the delay is longer than 12 months, the following approach is
established for the applicable calendar year.

(i) If the delay is longer than 12 months but less than 15 months, we
will follow the steps described in paragraph (c)(1) of this section.

(ii) If the delay is longer than 15 months, but less than 24 months, we
will follow the steps described in paragraph(c) (2) of this section for
the applicable calendar year.

(iii) If the delay is longer than 24 months, we will continue to follow
the steps described in paragraphs (c)(1) and (c)(2) of this section,
including the accumulation of engine families for testing until the
report is received and the fully implemented  program commences.

(d) We may determine that any individual manufacturer’s failure under
paragraph (c) of this section constitutes a failure by all engine
manufacturers.

(e) Nothing in this section affects our ability to select engines from
any model year beginning with model year 2007.

(f) If we determine that fundamental technical problems with portable
in-use PM measurement systems are not resolvable in a reasonable time,
the provisions of this subpart, as they apply to PM, will go into
abeyance until we determine that suitable emission-measurement devices
are available for in-use testing.

(g) Engine manufacturers contributing to the test programs described in
the agreement referenced in paragraph (a) of this section may limit
their testing under the special provisions described in §86.1930 to
five engines in each selected engine family.

Do Not Cite or Quote	                                                   
                      	August 20, 2007

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