Table 3.  Revised Engine Family Designation and Reporting Schedules

Program	Designate Families	Report Due

	Original	Revised	Original	Revised

2005 Gaseous Pilot*	06/2005	Unchanged	11/2006	11/2007

2006 Gaseous Pilot	06/2006	12/2006	11/2007	11/2008

2007 Gaseous Enforceable	06/2007	12/2007	11/2008	11/2009

2007 PM Pilot	06/2007	12/2007	11/2008	05/2010

2008 Gaseous Enforceable	06/2008	09/2008	11/2009	03/2010

2008 PM Pilot	06/2008	09/2008	11/2009	09/2010

2009 Gaseous Enforceable	06/2009	Unchanged	11/2010	04/2011

2009 PM Enforceable	06/2009	Unchanged	11/2010	04/2011

2010 Gaseous Enforceable**	06/2010	Unchanged	11/2011	Unchanged

2010 PM Enforceable**	06/2010	Unchanged	11/2011	Unchanged

* The 2005 Gaseous Pilot Program has been completed.

** For illustration only.  The 2010 program dates are as originally
promulgated.

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.  The authority citation for part 86 continues to read as follows:

	Authority:  42 U.S.C. 7401-7671q.

2.	Section 86.1905 is amended revising paragraph (c)(2) to read as
follows:

§86.1905  How does this program work?

 *		  * 			*		  *		  *

(c)	*   *   *

	(2)	2009 for PM testing.

3.	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:  0.67 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 2007 through
2009 model year engines families that are selected for testing in any
calendar year 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):  0.25 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):  0.25 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):  0.15 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):  0.15 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):  0.16 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):  0.16
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 2010 or later
model year engines families that are selected for testing in any
calendar year 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):  0.25 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):  0.15 grams per brake
horsepower-hour. 

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

  * 			*		  *		  *		*	

4.	Section 86.1930 is amended by revising the section heading and
introductory text, redesignating the introductory text as paragraph (a),
redesignating paragraphs (a) through (f) as paragraphs (a)(1) through
(a)(6), redesignating paragraphs (d)(1) through (d)(2) as paragraphs
(a)(4)(i) through (a)(4)(ii), and adding new paragraphs (a)(7) and (b)
to read as follows:

§86.1930  What special provisions apply from 2005 through 2009?

(a)	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:

*		  * 			*		  *		  *

	(7)	You must complete all the required testing and reporting under this
subpart by the following dates:

		(i)  November 30, 2007 for engine families that we designate for
non-PM testing in 2005.

		(ii)  November 30, 2008 for engine families that we designate for
non-PM testing in 2006.

		(ii)  May 31, 2010 for engine families that we designate for PM
testing in 2007.

		(iv)  September 30, 2010 for engine families we designate for PM
testing in 2008.

(b)	For 2007 through 2009 all the provisions of this subpart and
paragraph (a) of this section apply, with the following additional
exceptions:

	(1)	You must complete all the required testing and reporting under this
subpart by the following dates:

		(i)  November 30, 2009 for engine families that we designate for
non-PM testing in 2007.

 		(ii)  March 31, 2010 for engine families that we designate for non-PM
testing in 2008.

		(iii)  April 30, 2011 for engine families that we designate for non-PM
and PM testing in 2009.

	(2)	You may conduct non-PM and PM testing on different vehicles for
2007 and 2008.

	(3)	You may conduct PM testing as follows for 2007:

		(i)  Test vehicles may be selected from a vehicle fleet that you own
or otherwise directly control.

		(ii)  Test vehicles may be driven by a driver that you employ.

		(iii)  Each test vehicle must be operated on a route and under
operating conditions that reasonably replicate the use of the selected
vehicle type when operated in typical revenue service, unless otherwise
approved by us.

5.	Section 86.1935 is revised 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—Privileged Material                              
                                                       12/13/07

