Sec. Appendix IV-Durability Driving Schedule. Appendix VI-Vehicle and Engine Components. AUTHORITY: Secs. 202, 206, and 301(a) of the Clean Air Act, as amended (42 U.S.C. 1857f-1, 1857f-5, and 1857g(a). Subpart A-Emission Regulations for 1976 and Earlier Model Year New GasolineFueled Light Duty Vehicles SOURCE: 38 FR 17133, June 28, 1973, unless otherwise noted. (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. 1857 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) "Light duty vehicle" means a passenger car or passenger car derivative capable of seating 12 passengers or less. (6) "Off-road utility vehicle" means a light duty vehicle which incorporates special features for off-road operation such as four-wheel drive. (7) "Motorcycle" means any light duty vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels (including any tricycle arrangement) in contact with the ground and weighing less than 1,500 pounds. (8) "Vehicle curb weight" means the actual or the manufacturer's estimated weight of the vehicle in operational status with all standard equipment, and weight of fuel at nominal tank capacity, and the weight of optional equipment computed in accordance with § 85.0735(g). (9) "Loaded vehicle weight" means the vehicle curb weight of a light duty vehicle plus 300 pounds. (10) "System" includes any motor vehicle engine modification which controls or causes the reduction of substances emitted from motor vehicles. (11) "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 § 85.073-5(a). (12) "Engine-system combination" means an engine family-exhaust emission control system-fuel evaporative emission control system (where applicable) combination. (13) "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. (14) "Crankcase emissions" means airborne substances emitted to the atmosphere from any portion of the engine crankcase ventilation or lubrication systems. (15) "Exhaust emissions" means substances emitted to the atmosphere from any opening downstream from the exhaust port of a motor vehicle engine. (16) "Fuel evaporative emissions" means vaporized fuel emitted into the atmosphere from the fuel system of a motor vehicle. (17) "Hot soak loss" means fuel evaporative emissions during the 1-hour hot soak period which begins immediately after the engine is turned off. (18) "Diurnal breathing loss" means fuel evaporative emissions as a result of the daily range in temperature to which the fuel system is exposed. (19) "Running loss" means fuel exaporative emissions resulting from an average trip in an urban area or the simulation of such a trip. (20) "Tank fuel volume" means the volume of fuel in the fuel tank, pre scribed to be 40 percent of nominal tank capacity rounded to the nearest whole U.S. gallon. (21) "Zero (0) miles" means that point after initial engine starting (not to exceed 10 miles of vehicle operation, or one hour of engine operation) at which normal assembly line operations and adjustments are completed. (22) "Calibrating gas" means a gas of known concentration which is used to establish the response curve of an analyzer. (23) "Span gas" means a gas of known concentration which is used routinely to set the output level of an analyzer. (24) "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. (25) "Useful life" means a period of use of 5 years or 50,000 miles, whichever first occurs. (26) "Scheduled maintenance" means any adjustment, repair, removal, disassembly, cleaning, or replacement of vehicle components or systems which is performed on a periodic basis to prevent part failure or vehicle malfunction. (27) "Unscheduled maintenance" means any adjustment, repair, removal, disassembly, cleaning, or replacement of vehicle components or systems which is performed to correct a part failure or vehicle malfunction. (28) "EPA Enforcement Officer" means any officer or employee of the Environmental Protection Agency so designated in writing by the Administrator (or by his designee). (29) "Auxiliary Emission Control Device (AECD)" means any element of design which senses temperature, vehicle speed, engine RPM, transmission gear, manifold vacuum, or any other parameter for the purpose of activating, modulating, delaying, or deactivating the operation of any part of the emission control system. (30) "Defeat Device" means an AECD that reduces the effectiveness of the emission control system under conditions which may reasonably be expected to be encountered in normal urban vehicle operation and use, unless (1) such conditions are substantially included in the Federal emission test procedure, or (2) the need for the AECD is justified in terms of protecting the vehicle against damage or accident, or (3) the AECD does not go beyond the requirements of engine starting. (31) "High altitude" means any elevation over 1219 meters (4000 feet). (32) "High altitude conditions" means a test altitude of 1585 meters (5200 feet), plus or minus 274 meters (900 feet), or equivalent observed barometric test conditions of 83.48 kPa (24.72 inches Hg), plus or minus 2.77 kPa (0.82 inches Hg). [38 FR 17133, June 28, 1973, as amended at 38 FR 21363, Aug. 7, 1973; 39 FR 7549, Feb. 27, 1974; 39 FR 37301, Oct. 18, 1974] Hi.-High. HP.-Horsepower. IBP-Initial boiling point. N2.-Nitrogen. NO-Nitric oxide. NO2 Nitrogen dioxide. NOX.-Oxides of nitrogen. No.-Number. Pb-Lead. [38 FR 17133, June 28, 1973, as amended at 39 FR 37301, Oct. 18, 1974] § 85.004 General standards: increase in emissions; unsafe conditions. (a) (1) Every new motor vehicle manufactured for sale, sold, offered for sale, introduced or delivered for introduction into commerce, or imported into the United States for sale or resale which is subject to any of the standards prescribed in this subpart shall be covered by a certificate of conformity issued pursuant to sections 85.073-2 through 85.073-4 and 85.073-29 through 85.07334 of this subpart. (b) (1) Any system installed on or incorporated in a new motor vehicle to enable such vehicle to conform to standards imposed by this subpart; (i) Shall not in its operation or function cause the emission into the ambient air of any noxious or toxic substance that would not be emitted in the operation of such vehicle without such system, except as specifically permitted by regulation; and (ii) Shall not in its operation, function, or malfunction result in any unsafe condition endangering the motor vehicle, its occupants, or persons or property in close proximity to the vehicle. (2) Every manufacturer of new motor vehicles subject to any of the standards imposed by this subpart shall, prior to taking any of the actions specified in section 203 (a) (1) of the Act, test or cause to be tested motor vehicles in accordance with good engineering practice to ascertain that such test vehicles will meet the requirements of this section for the useful life of the vehicle. § 85.005 Hearings on certification. (a) (1) After granting a request for a hearing under § 85.073-3, § 85.074-3 and § 85.075-3 or § 85.073-30, § 85.074-30 and § 85.075-30, the Administrator will designate a Presiding Officer for the hearing. (2) The General Counsel will represent the Environmental Protection Agency in any hearing under this section. (3) If a time and place for the hearing has not been fixed by the Administrator under §§ 85.073-3, 85.074-3 and 85.075-3 or 85.073-30, 85.074–30 and 85.075-30, the hearing shall be held as soon as practicable at a time and place fixed by the Administrator or by the Presiding Officer. (4) In the case of any hearing requested pursuant to §§ 85.073-30 (c) (5) (i), 85.074-30(c) (5) (i) or 85.075-30(c) (5) (i), the Administrator may in his discretion direct that all argument and presentation of evidence be concluded within such fixed period not less than 30 days as he may establish from the date that the first written offer of a hearing is made to the manufacturer. To expedite proceedings, the Administrator may direct that the decision of the Presiding Officer (who may, but need not be the Administrator himself) shall be the final EPA decision. (b) (1) Upon his appointment pursuant to paragraph (a) of this section, the Presiding Officer will establish a hearing file. The file shall consist of the notice issued by the Administrator under §§ 85.073-3, 85.074-3, and 85.075-3 or 85.073-30, 85.074-30, and 85.075-30, together with any accompanying material, the request for a hearing and the supporting data submitted therewith and all documents relating to the request for certification and all documents submitted therewith, and correspondence and other data material to the hearing. (2) The appeal file will be available for inspection by the applicant at the office of the Presiding Officer. (c) An applicant may appear in person, or may be represented by counsel or by any other duly authorized representative. (d) (1) The Presiding Officer upon the request of any party, or in his discretion, may arrange for a prehearing conference at a time and place specified by him to consider the following: (i) Simplification of the issues; (ii) Stipulations, admissions of fact, and the introduction of documents; (iii) Limitation of the number of expert witnesses; (iv) Possibility of agreement disposing of all or any of the issues in dispute; (v) Such other matters as may aid in the disposition of the hearing, including such additional tests as may be agreed upon by the parties. (2) The results of the conference shall be reduced to writing by the Presiding Officer and made part of the record. (e) (1) Hearings shall be conducted by the Presiding Officer in an informal but orderly and expeditious manner. The parties may offer oral or written evidence, subject to the exclusion by the Presiding Officer of irrelevant, immaterial and repetitious evidence. (2) Witnesses will not be required to testify under oath. However, the Presiding Officer shall call to the attention of witnesses that their statements may be subject to the provisions of title 18 U.S.C. 1001 which imposes penalties for knowingly making false statements or representations, or using false documents in any matter within the jurisdiction of any department or agency of the United States. (3) Any witness may be examined or cross-examined by the Presiding Officer, the parties, or their representatives. (4) Hearings shall be reported verbatim. Copies of transcripts of proceedings may be purchased by the applicant from the reporter. (5) All written statements, charts, tabulations, and similar data offered in evidence at the hearing shall, upon a showing satisfactory to the Presiding Officer of their authenticity, relevancy, and materiality, be received in evidence and shall constitute a part of the record. (6) Oral argument may be permitted in the discretion of the Presiding Officer and shall be reported as part of the record unless otherwise ordered by him. (f) (1) The Presiding Officer shall make an initial decision which shall include written findings and conclusions and the reasons or basis therefor on all the material issues of fact, law, or discretion presented on the record. The findings, conclusions, and written decision shall be provided to the parties and made a part of the record. The initial decision shall become the decision of the Administrator without further proceedings unless there is an appeal to the Administrator or motion for review by the Administrator within 20 days of the date the initial decision was filed. (2) On appeal from or review of the initial decision the Administrator shall have all the powers which he would have in making the initial decision including the discretion to require or allow briefs, oral argument, the taking of additional evidence or the remanding to the Presiding Officer for additional proceedings. The decision by the Administrator shall include written findings and conclusions and the reasons or basis therefor on all the material issues of fact, law, or discre tion presented on the appeal or considered in the review. [38 FR 17133, June 28, 1973, as amended at 39 FR 7549, Feb. 27, 1974] § 85.006 Maintenance of records; submittal of information; right of entry. (a) The manufacturer of any new motor vehicle subject to any of the standards or procedures prescribed in this subpart shall establish, maintain and retain the following adquately organized and indexed records: (1) General records. (i) (A) Identification and description of all certification vehicles for which testing is required under this subpart. (B) A description of all emission control systems which are installed on or incorporated in each certification vehicle. (C) A description of all procedures used to test each such certification vehicle. (ii) A properly filed application for certification, following the format prescribed by the US EPA for the appropriate model year, fulfills each of the requirements of this paragraph (a) (1). (2) Individual records. (i) A brief history of each motor vehicle used for certification under this subpart in the form of a separate booklet or other document for each separate vehicle in which shall be recorded: (A) In the case where a current production engine is modified for use in a certification vehicle, a description of the process by which the engine was selected and of the modifications made, giving specifically the place of modification and installation of the engine into the certification vehicle and the person(s) in charge of modification and installation. In the case where the engine for a certification vehicle is not derived from a current production engine, a general description of the build up of the engine (e.g., experimental heads were cast and machined according to supplied drawings, etc.) giving specifically the place of engine assembly and installation into a certification vehicle and the person(s) in charge of engine assembly and installation. In both cases above, a description of the origin and selection process for the carburetor, distributor, fuel system, emission control system components, and exhaust aftertreatment device shall be included. The required descriptions shall specify the steps taken to assure that the certification vehicle with respect to its engine, drive train, fuel system, emission control system components, exhaust aftertreatment device, weight or any other device or component that can reasonably be expected to influence exhaust or evaporative emissions will be representative of production vehicles and that either all components and/or vehicles construction processes, component inspection and selection techniques, and assembly techniques employed in constructing such vehicles are reasonably likely to be implemented for production vehicles or that they are as closely analogous as practicable to planned construction and assembly processes. (B) A complete record of all emission tests performed under §§ 85.075-9 through 85.075-27 (except tests performed by EPA directly), including all individual worksheets and/or other documentation relating to each such test, or exact copies thereof; the date, time, purpose, and location of each test; the number of miles accumulated on the vehicle when the test began and ended; and the names of supervisory personnel responsible for the conduct of the test. (C) The date and times of each mileage accumulation run, listing both the mileage accumulated and the name of each driver or each operator of the automatic mileage accumulation device. (D) If used, the record of any devices employed to record the speed and/or mileage in relationship to time of the test vehicle. (E) A record and description of all maintenance and other servicing performed, giving the date and time of the maintenance or service, the reason for it, the person authorizing it, and the names of supervisory personnel responsible for the conduct of the maintenance or service. The description shall indicate whether or not EPA specifically consented to the work and, if EPA did not, shall list the provision of this subpart which authorizes its performance. (F) A record and description of each test performed to diagnose engine or emissions control system performance, giving the date and time of the test, the reason for it, the person authorizing it, and the names of supervisory personnel responsible for the conduct of the test. (G) The dates and times that the vehicle was idle in storage, and in transit or transport. (H) A brief description of any significant events affecting the vehicle during any time in the period covered by the history not described by an entry under one of the previous headings including such extraordinary events as vehicle accidents or driver speeding citations or warnings. (ii) Each such history shall be started on the date that the first of any of the selection or build up activities in paragraph (a) (2) (i) (A) of this section occurred with respect to the certification vehicle, shall be updated each time the operational status of the vehicle changes or additional work is done on it, and shall be kept in a designated location. (3) This paragraph shall apply to the extent practicable to certification testing of vehicles for the 1975 model year and in full to all subsequent model years. (4) All records required to be maintained under this subpart shall be retained by the manufacturer for a period of six (6) years after issuance of all certificates of conformity to which they relate. Records may be retained as hard copy or reduced to microfilm, punch cards, etc., depending on the record retention procedures of the manufacturer, provided. That in every case all the information contained in the hard copy shall be retained. (b) The manufacturer of any new motor vehicle subject to any of the standards prescribed in this subpart shall submit to the Administrator at the time of issuance by the manufacturer copies of all instructions or explanations regarding the use, repair, adjustment, maintenance, or testing of such vehicle relevant to the control of crankcase, exhaust, or evaporative emissions, issued by the manufacturer for use by other manufacturers, assembly plants, distributors, dealers, and ultimate purchasers: Provided, That any material not translated into the English language need not be submitted unless specifically requested by the Administrator. (c) (1) Any manufacturer who has applied for certification of a new motor vehicle subject to certification tests under this subpart shall admit or cause to be admitted any EPA Enforcement Officer during operating hours on presentation of credentials to any of the following: (i) Any facility where any such tests or any procedures or activities connected with such tests are or were performed. (ii) Any facility where any new motor vehicle which is being, was, or is to be tested is present. (iii) Any facility where any construction process or assembly process used in the modification or build up of such a vehicle into a certification vehicle is taking place or has taken place. |