(1) Emission deterioration factors for the acceleration mode (designated as "A"), the lugging mode (designated as "B"), and the peak opacity (designated as "C") shall be established separately for each engine-system combination.

(1) The applicable results to be used in determining the deterioration factors for each combination shall be:

(a) All emission data from the tests required under § 85.874-7(b), except the zero-hour tests. This shall include the official test results, as determined in § 85.874-29, for all tests conducted on all durability engines of the combination selected under § 85.874-5 (c) (including all engines selected to be operated by the manufacturer under § 85.874-5(c) (2)).

(b) All emission data from the tests conducted before and after the maintenance provided in § 85.874-6 (a) (1) (i).

(ii) All applicable results shall be plotted as a function of the hours on the system, rounded to the nearest hour, and the best fit straight lines, fitted by the method of least squares, shall be drawn through these data points. The interpolated 125- and 1,000-hour points on this line must be within the standard provided in § 85.874-1 or the data shall not be used in calculation of a deterioration factor, unless no applicable data point exceeded the standard.

(iii) The deterioration factors will be calculated as follows:

A-Percent opacity "a," interpolated to 1,000 hours, minus percent opacity "a," interpolated to 125 hours.

B-Percent opacity "b," interpolated to 1,000 hours, minus percent opacity "b," interpolated to 125 hours.

C-Percent opacity "c," interpolated to 1,000 hours, minus percent opacity "c," interpolated to 125 hours.

(2) The "percent opacity" values to compare with the standards shall be the opacity values "a," "b," and "c" for each emission data engine within an enginesystem combination to which are added the respective factors "A," "B," and "C" of subparagraph (1) of this paragraph for that engine-system combination: Provided, That if a deterioration factor as computed in subparagraph (1) of this paragraph is less than zero, that deterioration factor shall be zero for the purposes of this subparagraph.

(2) Every test engine of an engine family must comply with all applicable standards, as determined in subpara

(a) The Administrator may require that any one or more of the test engines be submitted to him, at such place or places as he may designate, for the purpose of conducting emissions tests. The Administrator may specify that he will conduct such testing at the manufacturer's facility, in which case instrumentation and equipment specified by the Administrator shall be made available by the manufacturer for test operations. Any testing conducted at a manufacturer's facility pursuant to this paragraph shall be scheduled by the manufacturer as promptly as possible.

(b) (1) Whenever the Administrator conducts a test on a test engine, the results of that test shall comprise the official data for the engine at that prescribed test point.

(2) Whenever the Administrator does not conduct a test on a test engine at a test point, the manufacturer's test data will be accepted as the official data for that test point: Provided, That if the Administrator makes a determination based on testing under paragraph (a) of this section, that there is a lack of correlation between the manufacturer's test equipment and the test equipment used by the Administrator, no manufacturer's test data will be accepted for purposes of certification until the reasons for the lack of correlation are determined and the validity of the data is established by the manufacturer.

(3) If the Administrator determines that the test data developed under paragraph (a) of this section would cause an engine to fail due to excessive 125-hour emissions or excessive deterioration, then the following procedure shall be observed:

(i) The manufacturer may request a retest. Before the retest, the engine may be adjusted to manufacturer's specifications, and parts may be replaced in accordance with § 85.874-6. All work on the engine shall be done at such location and under such conditions as the Administrator may prescribe.

(ii) The engine will be retested by the Administrator and the results of this test shall comprise the official data for that prescribed test point.

(4) If sufficient durability data is not available, at the time of any emission test conducted under paragraph (a) of this section, to enable the Administrator to determine whether a test engine would fall, the manufacturer may request a retest in accordance with the provisions of subparagraph (3) (i) and (ii) of this paragraph. If the manufacturer does not promptly make such request, he shall be deemed to have waived the right to a retest. A request for retest must be made before the manufacturer removes the engine from the test premises.

(a) (1) If, after a review of the test reports and data submitted by the manufacturer and data derived from any additional testing conducted pursuant to § 85.874-29, the Administrator determines that a test engine(s) conforms to the regulations of this subpart, he will issue a certificate of conformity with respect to such engine(s).

(2) Such certificate will be issued for such period not more than one model year as the Administrator may determine and upon such terms as he may deem necessary to assure that any new motor vehicle engine covered by the certificate will meet the requirements of the Act and this subpart.

(b) (1) The Administrator will determine whether an engine covered by the application complies with applicable standards by observing the following relationships:

(i) A test engine selected under $ 85.874-5(b) (2) or (4) shall represent all engines in the same engine family of the same engine displacement-exhaust emission control system combination.

(ii) A test engine selected under § 85.874-5(b) (3) shall represent all engines of the same engine-system combination.

(iii) A test engine selected under 85.874-5(c) (1) shall represent all engines of the same engine-system combination.

(2) The Administrator will proceed as in paragraph (a) of this section with respect to the engines belonging to an engine family all of which comply with applicable standards.

(3) If, after a review of the test reports and data submitted by the manufacturer and data derived from any additional testing conducted pursuant to § 85.874-29, the Administra

tor determines that one or more test engines of the certification test fleet do not meet applicable standards, he will notify the manufacturer in writing, setting forth the basis for his determination. Within 30 days following receipt of the notification, the manufacturer may request a hearing on the Administrator's determination. The request shall be in writing, signed by an authorized representative of the manufacturer, and shall include a statement specifying the manufacturer's objections to the Administrator's determination, and data in support of such objections. If, after a review of the request and supporting data, the Administrator finds that the request raises a substantial factual issue, he shall provide the manufacturer a hearing in accordance with § 85.805 with respect to such issue.

(4) The manufacturer may, at his option, proceed with any of the following alternatives with respect to any engine family represented by a test engine(s) determined not in compliance with applicable standards:

(i) Request a hearing under § 85.805, or

(ii) Delete from the application for certification the engines represented by the failing test engine. (Engines so deleted may be included in a later request for certification under $ 85.874-32.) The Administrator will then select in place of each failing engine an alternate engine chosen in accordance with selection criteria employed in selecting the engine that failed, or

(iii) Modify the test engine and demonstrate by testing that it meets applicable standards. Another engine which is in all material respects the same as the first engine, as modified, shall then be operated and tested in accordance with applicable test procedures.

(5) If the manufacturer does not request a hearing or present the required data under subparagraph (4) of this paragraph, the Administrator will deny certification.

[37 FR 24293, Nov. 15, 1972, as amended at 38 FR 17166, June 28, 1973]

§ 85.874-31 Separate certification.

Where possible, a manufacturer should include in a single application for certification all engines for which certification is required. A manufacturer may, however, choose to apply sepa

(a) If a manufacturer proposes to add to his product line an engine of the same engine-system combination as engines previously certified but which was not described in the application for certification when the test engine(s) representing other engines of that combination was certified, he shall notify the Administrator. Such notification shall be in advance of the addition unless the manufacturer elects to follow the procedure described in $85.874-34. This notification shall include a full description of the engine to be added.

(b) The Administrator may require the manufacturer to perform such tests on the test engine(s) representing the engine to be added which would have been required if the engine had been included in the original application for certification.

(c) If, after a review of the test reports and data submitted by the manufacturer, and data derived from any testing conducted under § 85.874-29, the Administrator determines that the test engine(s) meets all applicable standards, the appropriate certificate will amended accordingly. If the Administrator determines that the test engine(s) does not meet applicable standards, he will proceed under § 85.874–30 (b).

§ 85.874-33

be

Changes to an engine cov

ered by certification.

(a) The manufacturer shall notify the Administrator of any change in production engines in respect to any of the parameters listed in § 85.874-5 (a) (3) or $ 85.874-5(b) (3), giving a full description of the change. Such notification shall be in advance of the change unless the manufacturer elects to follow the procedure described in § 85.874–34.

(b) Based upon the description of the change, and data derived from such testing as the Administrator may require or conduct, the Administrator will determine whether the engine, as modified, would still be covered by the certificate of conformity then in effect.

(c) If the Administrator determines that the outstanding certificate would

cover the modified engines, he will notify the manufacturer in writing. Except as provided in § 85.874-34, the change may not be put into effect prior to the manufacturer's receiving this notification. If the Administrator determines that the modified engines would not be covered by the certificate then in effect, then the modified engines shall be treated as additions to the product line subject to § 85.874-32.

[37 FR 24293, Nov. 15, 1972, as amended at 38 FR 17166, June 28, 1973]

§ 85.874-34 Alternative procedure for notification of additions and changes.

(a) A manufacturer may, in lieu of notifying the Administrator in advance of an addition of an engine under § 85.874-32 or a change in an engine under § 85.874-33, notify him concurrently with the making of the change if the manufacturer believes the addition or change will not require any testing under the appropriate section. Upon notification to the Administrator, the manufacturer may proceed to put the addition or change into effect.

(b) The manufacturer may continue to produce engines as described in the notification to the Administrator for a maximum of 30 days, unless the Administrator grants an extension in writing. This period may be shortened by a notification in accordance with paragraph (c) of this section.

(c) If the Administrator determines, based upon a description of the addition or change, that no test data will be required, he will notify the manufacturer in writing of the acceptability of the addition or change. If the Administrator determines that test data will be required, he will notify the manufacturer to rescind the change within 5 days of receipt of the notification. The Administrator will then proceed as in § 85.87432 (b) and (c), or § 85.874-33 (b) and (c) as appropriate.

(d) Election to produce engines under this section will be deemed to be a consent to recall all engines which the Administrator determines under § 85.874-32 (c) do not meet applicable standards, and to cause such nonconformity to be remedied at no expense to the owner. § 85.874-35 Labeling.

manent, legible label, of the type and in the manner described below, containing the information hereinafter provided, to all production models of such engines available for sale to the public and covered by a certificate of conformity under § 85.874-30(a).

(2) A plastic or metal label shall be welded, bonded, or otherwise permanently attached to the engine in a position in which it will be readily visible after installation in the vehicle.

(3) The label shall be attached to an engine part necessary for normal engine operation and not normally requiring replacement during engine life.

(4) The label shall contain the following information lettered in the English language in block letters and numerals which shall be of a color that contrasts with the background of the label:

(i) The label heading: Engine Exhaust Emission Control Information;

(ii) Full corporate name and trademark of manufacturer;

(iii) Engine family identification and model;

(iv) Date of engine manufacture (month and year);

(v) Engine specification:

(The information applicable to each engine is to be inserted on the appropriate line.)

(vi) The statement: This engine conforms to U.S. Environmental Protection Agency Regulations applicable to 1974 model year heavy duty diesel engines.

(b) The provisions of this section shall not prevent a manufacturer from also reciting on the label that such engine conforms to any applicable State emission standards for new motor vehicle engines or any other information that such manufacturer deems necessary for, or useful to, the proper operation and satisfactory maintenance of the engine.

(c) The label may be made up of one or more pieces provided that all pieces are permanently attached to the same engine or vehicle part as applicable.

gines selected by the Administrator which are representative of the engines, emission control systems, fuel systems, and transmissions offered and typical of production models available for sale under the certificate. These engines shall be supplied for testing at such time and place and for such reasonable periods as the Administrator may require. Engines supplied under this paragraph may be required to be mounted in chassis and appropriately equipped for operation on a chassis dynamometer.

(b) Any manufacturer obtaining certification under this part shall notify the Administrator, on a quarterly basis, of the number of engines of each engine family-engine displacement-exhaust emission control system-fuel system combination produced for sale in the United States during the preceding quarter. § 85.874-38 Maintenance instructions.

(a) The manufacturer shall furnish or cause to be furnished to the ultimate purchaser of each new motor vehicle engine subject to the standards prescribed in § 85.874-1, written instructions for the maintenance and use of the engine by the ultimate purchaser as may be reasonable and necessary to assure the proper functioning of emission control systems.

(1) Such instructions shall be provided for those engine components listed in Appendix VI to this part (and for any other components) to the extent that maintenance of these components is necessary to assure the proper functioning of emission control systems.

(2) Such instructions shall be in clear, and to the extent practicable, nontechnical language.

(b) The maintenance instructions required by this section shall contain a general description of the documentation which the manufacturer will require from the ultimate purchaser or any subsequent purchaser as evidence of compliance with the instructions.

§ 85.874-39 Submission of maintenance instructions.

(a) The manufacturer shall provide to the Administrator, no later than the time of the submission required by § 85.874-4, a copy of the maintenance instructions which the manufacturer proposes to supply to the ultimate purchaser in accordance with § 85.874-38(a). The Administrator will review such instructions to determine whether they are rea

sonable and necessary to assure the proper functioning of the engine's emission control systems. The Administrator will notify the manufacturer of his determination whether such instructions are reasonable and necessary to assure the proper functioning of the emission control systems.

(b) Any revision to the maintenance instructions which will affect emissions shall be supplied to the Administrator at least 30 days before being supplied to the ultimate purchaser unless the Administrator consents to a lesser period of time.

Subpart J-Engine Exhaust Gaseous

Emission Regulations for New
Diesel Heavy Duty Engines

SOURCE: 37 FR 24307, Nov. 15, 1972, unless otherwise noted.

The provisions of this subpart are applicable to new diesel heavy duty engines beginning with the 1974 model year.

§ 85.902 Definitions.

(a) As used in this subpart, all terms not defined herein shall have the meaning given them in the Act:

(1) "Act" means Part A of title II of the Clean Air Act, 42 U.S.C. 1357 f-1 through f-7, as amended by Public Law 91-604.

(2) "Administrator" means the Administrator of the Environmental Protection Agency or his authorized representative.

(3) "Model year" means the manufacturer's annual production period (as determined by the Administrator) which includes January 1 of such calendar year: Provided, That if the manufacturer has no annual production period, the term "model year" shall mean the calendar year.

(4) "Gross vehicle weight" means the manufacturer's gross weight rating for the individual vehicle.

(5) "Heavy duty vehicle" means any motor vehicle either designed primarily for transportation of property and rated at more than 6.000 pounds GVW or designed primarily for transportation of persons and having a capacity of more than 12 persons.

(6) "Heavy duty engine" means any engine which the engine manufacturer could reasonably expect to be used for motive power in a heavy duty vehicle.

(7) "System" includes any motor vehicle engine modification which controls or causes the reduction of substances emitted from motor vehicle engines.

(8) “Engine family" means the basic classification unit of a manufacturer's product line used for the purpose of test fleet selection and determined in accordance with § 85.974-5(a).

(9) "Engine-system combination" means an engine family-exhaust emission control system-fuel evaporative emission control system (where applicable) combination.

(10) "Fuel system" means the combination of fuel tank, fuel pump, fuel lines, and carburetor, or fuel injection components, and includes all fuel system vents and fuel evaporative emission control systems.

(11) "Crankcase emissions" means airborne substances emitted to the atmosphere from any portion of the engine crankcase ventilation or lubrication systems.

(12) "Exhaust emissions" means substances emitted to the atmosphere from any opening downstream from the exhaust port of a motor vehicle engine.

(13) "Maximum rated horsepower" means the maximum brake horsepower output of an engine as stated by the manufacturer in his sales and service literature and his application for certification under § 85.874-2.

(14) "Rated speed" means the speed at which the manufacturer specifies the maximum rated horsepower of an engine.

(15) "Maximum rated torque" means the maximum torque produced by an engine as stated by the manufacturer in his sales and service literature and his application for certification under § 85.874-2.

(16) "Zero (O) hours" means that point after normal assembly line operations and adjustments and before one additional operating hour has been accumulated.

(17) "Oxides of Nitrogen" means the sum of the nitric oxide and nitrogen dioxide contained in a gas sample as if the nitric oxide were in the form of nitrogen dioxide.

(18) "Useful life" means a period of use of 5 years or 100,000 miles of vehicle operation or 3,000 hours of engine operation (or an equivalent period of 1,000 hours of dynamometer operation, whichever first occurs.