AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Proposed rule.

SUMMARY:

The Environmental Protection Agency (EPA) is proposing changes to the test procedures for heavy-duty engines and vehicles to improve accuracy and reduce testing burden. EPA is also proposing other regulatory amendments concerning light-duty vehicles, heavy-duty vehicles, highway motorcycles, locomotives, marine engines, other nonroad engines and vehicles, stationary engines. These would affect the certification procedures for exhaust emission standards, and related requirements. EPA is proposing similar amendments for evaporative emission standards for nonroad equipment and portable fuel containers. These amendments would increase compliance flexibility, harmonize with other requirements, add clarity, correct errors, and streamline the regulations. Given the nature of the proposed changes, they would have neither significant environmental impacts nor significant economic impacts for any sector.

DATES:

Comments: Comments must be received on or before June 26, 2020.

Public Hearing: If anyone contacts us requesting a public hearing on or before May 19, 2020, we will hold a hearing in Ann Arbor, Michigan at 10 a.m. on May 27, 2020.

ADDRESSES:

Comments. Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2019-0307, at http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/​dockets/​commenting-epa-dockets.

Public hearing. Individuals are invited to notify EPA of interest in a public hearing; see FOR FURTHER INFORMATION CONTACT.

Public Participation: Public hearing. If we hold a public hearing, we will announce detailed information about the hearing on our website. Send requests for a hearing and questions about the status of a hearing to the contact identified in FOR FURTHER INFORMATION CONTACT.

Comments. Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2019-0307, at http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/​dockets/​commenting-epa-dockets.

Docket. EPA has established a docket for this action under Docket ID No. EPA-HQ-OAR-2019-0307. All documents in the docket are listed on the www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at Air and Radiation Docket and Information Center, EPA Docket Center, EPA/DC, EPA WJC West Building, 1301 Constitution Ave. NW, Room 3334, Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the Air Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT:

Alan Stout, Office of Transportation and Air Quality, Assessment and Standards Division, Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; telephone number: (734) 214-4805; email address: stout.alan@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information

II. Heavy-Duty Highway Amendments

A. Test Procedures and Compliance Model Changes

B. Heavy-Duty Engine GHG Emission Standards and Flexibility

C. Heavy-Duty Vehicle GHG Emission Standards and Flexibility

D. Requests for Comment on Phase 2 Regulations

E. Other Heavy-Duty Highway Amendments

III. Other Amendments

A. Ethanol-Blend Test Fuels for Nonroad Spark-Ignition Engines and Vehicles, Highway Motorcycles, and Portable Fuel Containers

B. Removing Obsolete CFR Content

C. Certification Fees (40 CFR part 1027)

D. Additional Amendments for Motor Vehicles and Motor Vehicle Engines (40 CFR parts 85 and 86)

E. Additional Amendments for Locomotives (40 CFR part 1033)

F. Additional Amendments for Land-Based Nonroad Diesel Engines (40 CFR part 1039)

G. Additional Amendments for Marine Diesel Engines (40 CFR parts 1042 and 1043)

H. Portable Fuel Containers (40 CFR part 59)

I. Evaporative Emission Standards for Nonroad Spark-Ignition Engines and Equipment (40 CFR part 1060)

J. Additional Amendments for Nonroad Spark-Ignition Engines at or Below 19 kW (40 CFR part 1054)

K. Amendments for General Compliance Provisions (40 CFR part 1068)

L. Other Requests for Comment

IV. Statutory Authority and Executive Order Reviews

General Information

A. Does this action apply to me?

This action relates to companies that manufacture or sell new gasoline fueled light-duty vehicles, light-duty trucks, medium-duty passenger vehicles, or heavy-duty vehicles up to 14,000 pounds GVWR, as defined under EPA's CAA regulations,^[1] and passenger automobiles (passenger cars), non-passenger automobiles (light trucks), and heavy-duty pickup trucks and vans as defined under National Highway Traffic Safety Administration's (NHTSA's) Corporate Average Fuel Economy (CAFE) regulations.^[2] Additional amendments apply for different manufacturers of various types of nonroad and stationary engines, vehicles, and equipment.

Regulated categories and entities include the following:

This list is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by this action. If you have questions regarding the applicability of this action to a particular entity, consult the person listed in the FOR FURTHER INFORMATION CONTACT section.

B. What action is the Agency taking?

This action proposes to amend the regulations that implement our air pollutant emission standards for engines, vehicles and mobile equipment. The proposed amendments, which are generally technical amendments that include corrections, clarifications, and flexibilities. In other words, this proposal comprises a significant variety of small changes for multiple types of engines and equipment.

The majority of amendments being proposed would modify existing test procedures for heavy-duty highway engines and vehicles. These test procedure changes would improve accuracy, and in some cases, reduce test burden. They would apply for measurement of criteria pollutants (such as NO_X), as well as greenhouse gas pollutants (primarily CO₂).

Other heavy-duty highway amendments would update EPA regulations to enhance implementation of existing emission standards. For example, some changes would reduce the likelihood that manufacturers would need to duplicate certification efforts to comply with EPA, Canadian, and Californian standards. Some amendments would make it easier for manufacturers to more fully account for the emission benefits of advanced emission control technology, which could provide them the opportunity to generate additional emission credits. These heavy-duty highway amendments are described in Section II.

This notice also proposes other amendments that are generally administrative or technical in nature and include amendments for nonroad engines and vehicles. These amendments are described in Section III. Perhaps the most visible administrative amendment would be the elimination of hundreds of pages of obsolete regulations, which is described in Section III.B.

C. What are the incremental costs and benefits of this action?

This action is limited in scope and is not intended to include amendments that would have significant economic or environmental impacts. EPA has not drafted a Regulatory Impact Analysis.

Heavy-Duty Highway Amendments

A. Test Procedures and Compliance Model Changes

Since the promulgation of the Phase 2 regulations, manufacturers have been revising their internal test procedures to ensure they will be able to comply with the new requirements that begin in model year 2021. In doing so, they have identified several areas in which the test procedure regulations could be improved (in terms of overall accuracy, repeatability and clarity) without changing the effective stringency of the standards. Commenters who believe that EPA has included changes that change the stringency of the standards are encouraged to consider the potential impact in the context of the full range of proposed changes to the test procedures, and to suggest ways in which EPA could avoid the impact of such changes on stringency.

EPA is proposing numerous changes to the test procedure regulations to address manufacturers' concerns and to address other issues we have identified. These proposed changes are described below. The list includes numerous editorial changes that simply correct typographical/formatting errors or revise the text to improve clarity. Although these amendments are being proposed primarily in the context of heavy-duty engines and vehicles, the proposed amendments to part 1065 will also apply to nonroad engines, and the proposed amendments to part 1066 will also apply to light-duty vehicles. However, since these amendments are mostly editorial or adding flexibility, they will not adversely impact these other sectors.

1. 40 CFR Part 1036 Test Procedures

The regulations in 40 CFR part 1036, subpart F, specify how to measure emissions from heavy-duty engines. The test procedure amendments being proposed for part 1036 are primarily for the purposes of adding flexibility and reducing variability in test results. Additional information that led to proposal of many of these changes arose from a test program at Southwest Research Institute (SwRI) that was jointly funded by EPA and the Engine Manufacturers Association (EMA). These amendments are summarized below, and readers are referred to the proposed part 1036, subpart F regulatory text for additional information. Amendments for other subparts of part 1036 (i.e., amendments not directly related to test procedures) are discussed in Section I.C.

• 1036.501(g)—Adding a new paragraph (g) to denote duty cycles for testing MY 2016-2020 engines.
• 1036.501(h)—Adding a new paragraph (h)(2) to cross-reference citation of transient test cycle specification for testing MY 2021 and later engines. In paragraph (h)(3)(ii), adding clarification that weighting factors for the Ramped Modal Cycle (RMC) are to be applied to CO₂ to calculate the composite emission result. Note that this proposed rule includes amendments to refer to the steady-state duty cycle as the Ramped Modal Cycle rather than the Supplemental Emission Test.
• 1036.503—Migrating 1036.510 to new 1036.503. Updating existing paragraph (c) and adding a new (c)(4) and (d)(4). The new text specifies that the engine manufacturer must provide idle speed and torque to the vehicle manufacturer. Additional direction given on handling data points for a low speed governor where the governor is active.
• 1036.505—Adding a new paragraph (b) to give direction on both engine and powertrain testing. Modifying Table 1 to include vehicle speed and grade parameters to facilitate the hybrid powertrain testing option.
• 1036.510—Adding a new section regarding transient testing of engines and hybrids to facilitate hybrid certification for both GHG and criteria pollutants.
• 1036.525(d)(4)(ii)—Editorial revisions to equation and example calculations.
• 1036.527—New section added to provide a means to determine hybrid powertrain systems rated power. This is needed to facilitate the addition of the hybrid powertrain testing option.
• 1036.530(b)(1)(i) and (2)—Updating to require test fuel mass-specific energy content to be analyzed by three different labs and the arithmetic mean to be used in the calculation. Updating carbon mass fraction determination to allow analysis by a single lab only to facilitate on-line analysis from pipeline supplied natural gas. Updated to add ASTM method for determination of test fuel mass-specific energy content for natural gas.
• 1036.530 Table 1—Updated footnote format in table.
• 1036.535—Generally updating to improve the engine fuel mapping test procedures based on the jointly funded EPA-EMA test program. The overall result of these updates is to reduce the variability of the emission test results to improve lab-to-lab variability.
• 1036.540—Generally updating to improve the cycle-average fuel mapping test procedure as a result of the jointly funded EPA-EMA test program at SwRI. The overall result of these updates is to reduce the variability of the emission test results to improve lab-to-lab variability.
• 1036.543—Adding new section to address carbon balance error verification. This is a result of the jointly funded EPA-EMA test program. The overall result of these updates is to reduce the variability of the emission test results to improve lab-to-lab variability.

2. 40 CFR Part 1037 Test Procedures

The regulations in 40 CFR part 1037, subpart F, specify how to measure emissions from heavy-duty vehicles. They also specify how to measure certain GEM inputs, such as aerodynamic drag, rolling resistance, and axle efficiency. The test procedure amendments being proposed for part 1037, which are summarized below, are primarily for the purpose of reducing variability in test results and adding optional test procedures. Given the technical nature of these proposed amendments, readers are referred to the regulatory text for additional details. Proposed amendments for other subparts of part 1037 (i.e., amendments not directly related to test procedures) are discussed in Section I.C.

• 1037.105 Table 1—Updated footnote format in table.
• 1037.106 Table 1—Updated footnote format in table.
• 1037.510(a)(2) and (e)—Edit in (a)(2) introductory paragraph. Updating (a)(2)(ii) and (iii) as result of the jointly funded EPA-Engine Manufacturers Association (EMA) test program at SwRI. The overall result of these updates is to reduce the variability of the emission test results to improve lab-to-lab variability. Update (e) making use of cruise control optional as variability can be high if cruise control is used.
• 1037.510 Table 1—Updated footnote format in table.
• 1037.515 Table 3—Updated footnote format in table.
• 1037.520 Table 1 and (f)—Correcting typo in CdA value for low-roof cabs for Bin III. Updating cross-reference in (f).
• 1037.520(g)—Adding some additional vehicle characteristics that need to be reported. Also providing clarification on the application of the 6x4D drive axle configuration. This includes a better description of the application as well as qualifiers that allow for use of this configuration.
• 1037.520(i)—Adding torque converter characterization.
• 1037.520 Table 1—Updating Table to include additional technologies and GEM input values for automatic engine shutdown systems.
• 1037.520(j)(5)—Correcting error that transposed school and coach bus GEM inputs.
• 1037.520 Table 6—Updated footnote format in table.
• 1037.528(h)(6)(ii)—Adding direction to use good engineering judgment when measuring rolling resistance for equation 11.
• 1037.528—Updating equation 14. The “+” is replaced with a “−”, correcting a typo.
• 1037.534—Updating equation 6, and corresponding example problem. The update applies italics to “i”.
• 1037.540—Updating equations 1, 2, and 3. The update applies italics to “i”.
• 1037.540(e) and (f)—Adding section reference for location of standard payload.
• 1037.540 Table 1—Updated footnote format in table.
• 1037.550—Global updates as a result of the joint EPA-EMA fuel mapping test program at SwRI and general improvements based on experience gained from testing powertrain systems. The overall result of these updates is to reduce the variability of the emission test results to improve lab-to-lab variability.
• 1037.551—Updating reference.
• 1037.555—Updating equations 1 and 3, edits. The updates apply italics to “i”.
• 1037.560—Making it optional to drain gear oil after break in. Providing the option of an alternative temperature range to provide harmonization with EC test procedure. Also, edits pertaining to improve the readability of the Ploss (i.e., power loss) variable description.
• 1037.565—Providing an option to map additional test points. Also, edits pertaining to improve the readability of the Ploss variable description.
• 1037.570—Adding new section to determine torque converter capacity factor. This will allow a manufacturer to determine their own torque converter capacity factor instead of using the default value provided in GEM. The option to use the default value still remains.

3. 40 CFR Part 1065 Test Procedures

The regulations in 40 CFR part 1065 specify general procedures for measuring emissions from engines—heavy-duty highway engines, as well as nonroad engines. The amendments being proposed for part 1065, which are summarized below, are primarily for the purpose of reducing variability in test results.

The regulations in part 1065 rely heavily on acronyms and abbreviations (see 40 CFR 1065.1005 for a complete list). Acronyms used here are summarized in the following table:

In addition to the amendments listed below that are being proposed for part 1065, we request comment on the use of ASTM test method D2784 to measure the sulfur content in liquefied petroleum gas test fuels. This method, which is specified as the applicable test method in § 1065.720, has been withdrawn by ASTM without replacement. We request comment on whether we should continue to specify this method or specify an active method. For example, should we specify ASTM D6667 instead and incorporate it by reference into the regulations?

• 1065.1(g)—Updated test procedure URL.
• 1065.130(e)—Revised language to denote that carbon balance should be performed to verify exhaust system integrity in place of chemical balance.
• 1065.140(c)(6)(i)—Corrected typo. Replaced “dew point” with “dewpoint”.
• 1065.140(e)(2)—Revised language to add clarification on how to determine minimum dilution ratio for discrete mode testing.
• 1065.145(e)(3)(i)—Removed requirement to heat sample pump if it is located upstream of a NO_X converter or chiller. Replaced with requirement to design the sample system to prevent aqueous condensation. Given that the concern is loss of NO₂ in the sampling system, the pump itself doesn't necessarily need to be heated as there are a number of ways to prevent condensation.
• 1065.170—Revised to allow you to stop sampling during hybrid tests when the engine is off and allow exclusion of the sampling off portions of the test from the proportional sampling verification. Also added provision for hybrid testing to allow supplemental dilution air to be added to the bag in the event that sampled volumes are too low for emission analysis.
• 1065.205 Table 1—Revised with edits and the addition of a recommended performance specification for fuel mass scales to reduced fuel flow measurement error.
• 1065.220(a) introductory and (a)(3)—Updated the application of fuel flow meter to more correctly reflect how and what they are used for in 1065.
• 1065.225(a) introductory and (a)(3)—Updated the application of intake flow meter to more correctly reflect how and what they are used for in 1065.
• 1065.247(c)(2)—Edit to apply requirements to DEF dosing unit rather than to the engine.
• 1065.260(e)—Add the word “some” as a qualifier for gaseous fueled engines with respect to using the additive method for NMHC determination.
• 1065.266—Updated URL.
• 1065.275—Deleted URL and replaced with reference to URL in 1065.266.
• 1065.280(a)—Updated to reflect that there is no method in 1065.650 for determining oxygen balance and that you should develop a method using good engineering judgment.
• 1065.303 Table 1—Updated for formatting. Updated to add Fuel mass scale and DEF mass scale to the linearity verifications in 1065.307. Updated verification in 1065.341 to replace “batch sampler” with “PFD” as PFD is the preferred language. Updated one, and added two, footnotes excluding linearity verification for DEF flow if the ECM is used and for fuel and intake air flow if propane checks or carbon balance is performed. This is not a new exemption, it just relocates it to the footnote area.
• 1065.307(d)(4)—Revised to include DEF mass flow rate. The paragraph is also enhanced to include additional requirement to correct or account for buoyancy effects and flow disturbances to improve the flow measurement.
• 1065.307(d)(6)(i)—Revised to state that the span gas can only contain one single constituent in balance air (or N₂ if using a gas analyzer) as the reference signal for linearity determination.
• 1065.307(d)(7)—Revised to state that the span gas can only contain one single constituent in balance air (or N₂ if using a gas analyzer) as the reference signal for linearity determination.
• 1065.307(d)(9)—Expanded paragraph to include fuel and DEF mass scales and provided additional requirements for performing the linearity verification on these scales.
• 1065.370(e)(3)(i) and (ii)—Edits to make intent clear.
• 1065.307(e)(3)(iii)—Defined m_max for a fuel mass scale.
• 1065.307(e)(5)—Provided additional information surrounding requirements for using a propane check or carbon balance verification in place of a flow meter linearity verification.
• 1065.307(e)(7)(i)(F) and (G)—Added transmission oil and axle gear oil to temperature measurements that require linearity verification.
• 1065.307 Table 1—Added DEF flow rate.
• 1065.307 Table 2—Added a new Table 2 to provided additional guidance on when optional verifications to the flow meter linearity verifications can be used.
• 1065.309(d)(2)—Updated to allow the use of water vapor injection for humidification of gases.
• 1065.315(a)(3)—Editorial revisions.
• 1065.320(b) and (c)—Deleted the existing paragraph (b) and moved the existing (c) to (b) as this is now adequately covered in 1065.307.
• 1065.341 introductory text—Revised to clarify which subparagraphs apply to CVS and which apply to PFD.
• 1065.341(g)—Revised to replace “batch sampler” with “PFD” throughout. Also, edited to provide further clarification on the procedure.
• 1065.341(h)—New paragraph added to reference Table 2 of 1065.307 regarding when alternate verifications can be used.
• 1065.342(d)(2)—Updated to allow the use of water vapor injection for humidification of gases.
• 1065.350(d)(2)—Updated to allow the use of water vapor injection for humidification of gases.
• 1065.355(d)(2)—Updated to allow the use of water vapor injection for humidification of gases.
• 1065.360(a)(4)—Added new requirement to determine methane and ethane THC FID response factors as a function of exhaust molar water content when measuring emissions from a gaseous fueled engine. This is to account for the effect water has on non-methane cutters.
• 1065.360(d)(12)—Added process to determine methane and ethane THC FID response factors as a function of exhaust molar water content when measuring emissions from a gaseous fueled engine. This is to account for the effect water has on non-methane cutters.
• 1065.365(d)—Added new requirement to determine NMC FID methane penetration fraction and ethane response factor as a function of exhaust molar water content when measuring emissions from a gaseous fueled engine. This is to account for the effect water has on non-methane cutters.
• 1065.365(d)(10) and (11)—Added process to determine NMC FID methane penetration fraction and ethane response factors as a function of exhaust molar water content when measuring emissions from a gaseous fueled engine. This is to account for the effect water has on non-methane cutters.
• 1065.370(e)(5)—Updated to allow the use of water vapor injection for humidification of gases.
• 1065.375(d)(2)—Updated to allow the use of water vapor injection for humidification of gases.
• 1065.410(d)—Updated to state that you may repair a test engine if the parts are unrelated to emissions without prior approval. If the part may affect emissions, prior approval is required.
• 1065.510(a), (b)(5)(i), and (f)(4)(i)—Removed requirement for engine stabilization during mapping and relocated it to 1065.510(b)(5)(i), which lays out the mapping procedure. Added a recommended stabilization time at each setpoint. Also added allowance to specify CITT as a function of idle speed in cases where an engine has an adjustable warm idle or enhanced idle.
• 1065.512(b)(1) and (2)—Added additional procedures on how to operate the engine and validate the duty-cycle when an engine utilized enhanced-idle speed. This also addresses denormalization of the reference torque when enhanced-idle speed is active.
• 1065.530(a)(2)(iii)—Added new instruction on how to determine that the engine temperature has stabilized for air cooled engines. Part 1065 is deficient on how to determine this.
• 1065.530(g)(5)—New paragraph to cover carbon balance error verification if it is performed as part of the test sequence.
• 1065.543—New section on carbon balance error verification procedure. This was added to further reduce measurement variability for the fuel mapping test procedure in part 1036.
• 1065.602(b), (c), (d), (e), (g), (h), (j), (k)—Editorial revisions. The updates apply italics to “i”.
• 1065.602 Table 2—Corrected an Nref-1 typo for value “22”. It was mistakenly listed as “20”.
• 1065.602(f)—Updated footnote format in table.
• 1065.610(a)(1)(iv)—Editorial updates applying italics to “i”.
• 1065.610(a)(2)—Clarification to denote that the alternate maximum test speed determined is for all duty-cycles.
• 1065.610(d)(3)—Added provision to use good engineering judgment to come up with an alternate procedure for adjusting CITT as a function of speed.
• 1065.640(a) and (d)(1)—Deleting a comma in (a)(1). Providing a conversion to kg/mol for Mmix in (d)(1). Also correcting an error in the example problem to equation 1065.640-10 where Mmix was used with the wrong units.
• 1065.642(b)—Section reference correction.
• 1065.642(c)(1)—Defining C_f.
• 1065.643—New section on carbon balance error verification calculations to support the new section 1065.543.
• 1065.650(b)(3)—Added DEF to what is needed for chemical balance.
• 1065.650(c)(1)—Relocated transformation time requirement here from 1065.650(c)(2)(i).
• 1065.650(c)(3)—Equation edit. The update applies italics to “i”.
• 1065.650(d)(7)—Editorial updates applying italics to “i”.
• 1065.650(f)(2)—Added DEF to what is needed for chemical balance.
• 1065.655 title—Added “DEF”.
• 1065.655(c)(3)—Updated x_ccombdry variable description to include injected fluid.
• 1065.655(e)(1)(i)—Added additional clarity regarding determination of carbon and hydrogen mass fraction of fuel, specifically to S and N content.
• 1065.655(e)(4)—Equation and variable edits for format. The updates apply italics to “i”.
• 1065.655 Table 1—Updated reference.
• 1065.655(f)(3)—Restricted the use of equation 1065.655-25 if the standard setting part requires carbon balance verification. Also, the section contains edits for format.
• 1065.655(g)(1)—Updated reference.
• 1065.659(c)(2) and (3)—Added DEF to chemical balance.
• 1065.660(b)(4)—Variable edit. Corrected chemical formula typo for acetaldehyde.
• 1065.660(c)(2)—Included NMC FID as allowable option in NMNEHC calculation.
• 1065.665(a)—Deleted the variable and description for C_# as it is not used in any calculation in this section.
• 1065.667(d)—Added DEF to chemical balance description.
• 1065.695(c)(8)(v)—Added carbon balance verification.
• 1065.701(b)—Updated title for California gasoline type.
• 1065.701 Table 1—Updated footnote format in table.
• 1065.703 Table 1—Updated to correct units for kinematic viscosity and updated footnote format in table.
• 1065.705 Table 1—Updated to correct units for kinematic viscosity and updated footnote format in table.
• 1065.710 Table 1—Edits for format consistency and updated footnote format in table.
• 1065.710 Table 2—Edits for format consistency. Added allowance to use ASTM D5769 for total aromatic content determination and ASTM D6550 for olefin determination. These were added because the dye used in the current method, ASTM D1319 is becoming scarce and thus an alternate method is needed. Updated footnote format in table.
• 1065.715 Table 1—Updated footnote format in table.
• 1065.720 Table 1—Updated footnote format in table.
• 1065.750 Table 1—Updated footnote format in table.
• 1065.905 Table 1—Updated footnote format in table.
• 1065.915 Table 1—Updated footnote format in table.
• 1065.1001—Updated definition of test interval to note that the mass of emissions is determined over it.
• 1065.1005(a)—Updated footnote format in table.
• 1065.1005(a), (c) and (d)—Updated to follow NIST SP-811 format.
• 1065.1005(a) and (e)—symbols and subscripts updated to reflect new one added during the above revisions to part 1065.
• 1065.1005(f)(2)—molar mass of ethane added. Updated footnote format in table.

4. 40 CFR Part 1066 Test Procedures

The regulations in 40 CFR part 1066, specify general procedures for measuring emissions from vehicles. The amendments being proposed for part 1066, which are summarized below, are primarily editorial.

• 1066.1(g)—Updated to current URL.
• 1066.135(a)(1)—Widened the range for verifications of a gas divider derived analyzer calibration curve to 10 to 60%. This is to ease lab burden with respect to the number of gas cylinders they must have on hand. Also, made this midspan check optional as it is no longer needed because part 1066 requires yearly linearity verification of the gas divider.
• 1066.210(d)(3)—Changed acceleration of Earth's gravity from calculation under 40 CFR 1065.630 to a default value of 9.80665 m/s². This was changed because the track coastdown doesn't take place in the same location that the dynamometer resides. Therefore, best practice is to use a default value for gravity.
• 1066.255(c)—Added clarification that the torque transducer zero and span are mathematically done prior to the start of the procedure.
• 1066.270(c)(4)—Corrected units for force in mean force variable description. Corrected example problem solution.
• 1066.275—Extended the frequency to an optional 7 days prior to testing if historic data from the test site supports a frequency of more than 1 day.
• 1066.405—Updated title to include “maintenance”.
• 1066.405(a)-(c)—Moved introductory paragraph to (a). Created new paragraphs (b) and (c) to address test vehicle inspection, maintenance and repair, consistent with 1065.410.
• 1066.420 Table 1—Updated footnote format in table.
• 1066.605—Edit in paragraph (c)(4), NMHC typo, corrected to NMHCE. Edits to equation 1066.605-10, italics added for format consistency.
• 1066.610—Edit to equation 1066.610-4. Italics added for format consistency.
• 1066.710(c)(1)(A)—Updated for clarity.
• 1066.710(c)(2)—Updated to more clearly reflect how automatic HVAC control operates in vehicles and how it should be operated for the test.
• 1066.801 Figure 1—Updated to reflect that the initial vehicle soak, as outlined in the regulations, is a 6-hour minimum and not a range of 6 to 36 hours.
• 1066.930—Added a period to the end of the sentence.
• 1066.1005(c) and (d)—Updated to follow NIST SP-811 format.
• 1066.1005(f)—Updated footnote format in table.

5. Greenhouse Gas Emissions Model (GEM)

GEM is a computer application that estimates the greenhouse gas (GHG) emissions and fuel efficiency performance of specific aspects of heavy-duty (HD) vehicles. Under the existing Phase 2 regulations, GEM 3.0 is used to determine compliance with the Phase 2 standards from several vehicle-specific inputs, such as engine fuel maps, aerodynamic drag coefficients, and vehicle weight rating.^[3] GEM simulates engine operation over two cruise cycles, one transient cycle, and for vocational vehicles, idle operation. These results are weighted by GEM to provide a composite GEM score that is compared to the standard.

EPA is to incorporate by reference into the regulations a revised version of GEM (Version 3.5) for manufacturers to demonstrate compliance with the Phase 2 standards.^[4] The following changes have been incorporated in the proposed new version, to allow additional compliance flexibilities and improve the vehicle simulation:

• Correcting how idle emission rates are used in the model.
• Increasing the allowable weight reduction range to 25,000 pounds.
• For powertrain input, adding an input for powertrain rated power to scale default engine power.
• Recalibrated driver over speed allowance on cruise cycles from 3 mph to 2.5 mph.
• Revised engine cycle generation outputs with corrected engine cycle generation torque output from model based on simulated inertia and rate limited speed target.
• Added scaling of powertrain simulation default engine and transmission maps based on new rated power input.
• Changed interpolation of fuel map used in post processing to be consistent with one used in simulation.
• Powertrain accessory load correction.
• Add torque converter k-factor input option.
• Cycle average cycles: add flag for points that are to be considered “idle.”
• Improved handling of large input tables.

Of these, the changes for idling emissions are the most significant. GEM 3.0 included an error where parked idle fuel map was used for ARB transient idle correction, which has been corrected for GEM 3.5 to use the drive idle portion of the map. (Note also that parked fuel map is now only required for vocational vehicles.) GEM 3.5 reads idle speed from the vehicle file and allows manufacturers to use default values that EPA used to develop the standards. Other idle changes include additional adjustments to cycle average fuel for differences between mapped idle and simulated idle using non-moving average speed and load of the ARB transient cycle average map, regression lookup of cycle average map uses only portions with vehicle moving, and post-process adjustment to fuel consumption based on simulated idle speed/load.

Preliminary evaluations of GEM 3.5 indicate that there is little difference between GEM 3.0 and GEM 3.5 for cruise cycle operation. However, it is possible some minor differences may be observed for transient and idle operation of some vocational vehicles. We request comment on whether these differences would impact impact the effective stringency of the standards and whether either GEM or the regulations need to be revised to address them.

B. Heavy-Duty Engine GHG Emission Standards and Flexibility

1. Vocational Engines and Emission Credits

We are proposing to revise how Phase 1 engine credits from vocational engines are treated in the Phase 2 program. As described below, we are proposing to allow more flexibility provided the credits are adjusted to accurately reflect the correct baseline.

In developing the baseline emission rates for vocational engines in the final Phase 2 rulemaking, we considered MY 2016 FTP certification data for diesel engines, which showed an unexpected step-change improvement in engine fuel consumption and CO₂ emissions compared to data considered in the proposed rule. The proposed baseline emission rates came from the Phase 1 standards, which in turn were derived from our estimates of emission rates for 2010 engines. The underlying reasons for this shift in the final rule were mostly related to manufacturers optimizing their SCR thermal management strategy over the FTP in ways that we (mistakenly) thought they already had in MY 2010 (i.e., the Phase 1 baseline).

As background, the FTP includes a cold-start, a hot-start and significant time spent at engine idle. During these portions of the FTP, the NO_X SCR system can cool down and lose NO_X reducing efficiency. To maintain SCR temperature, manufacturers initially used a simplistic strategy of burning extra fuel to heat the exhaust system. However, during the development of Phase 1, EPA believed manufacturers were using more sophisticated and efficient strategies to maintain SCR temperature. EPA's misunderstanding of the baseline technology for Phase 1 provided engine manufacturers the opportunity to generate windfall credits against the FTP standards.

For the Phase 2 FRM, EPA revised the baseline emission rate for vocational engines to reflect the actual certified emission levels. The Phase 2 vocational engine final CO₂ baseline emissions are shown in the table below. More detailed analyses on these Phase 2 baseline values of tractor and vocational vehicles can be found in Chapter 2.7.4 of the Phase 2 Final RIA.^[5]

EPA did not allow the carryover of Phase 1 vocational engine credits into the Phase 2 program, consistent with these adjustments to the baselines. Since this issue does not apply for RMC emissions, the restriction was applied only for engines certified exclusively to the FTP standards (rather than both FTP and RMC standards). We believed that allowing engine credits generated against the Phase 1 diesel FTP standards to be carried over into the Phase 2 program would have inappropriately diluted the Phase 2 engine program. However, this was in the context of unadjusted credits. After further consideration, we now believe that it would not dilute the program if the credits were appropriately adjusted to more accurately reflect improvement over the true baseline levels.

Allowing the portion of the credits that represent actual emission improvements to be carried forward would be consistent with our rationale from Phase 2. Thus, we are proposing in § 1036.701(j) that for Phase 1 vocational engines with emissions below the Phase 2 baseline engine values, manufacturers may recalculate and generate credits relative to the baseline levels. The recalculated vocational engine credits would be allowed into the Phase 2 engine program to the same extent as tractor engine credits.

As noted in the Phase 2 FRM, allowing additional flexibility for compliance with engine standards does not cause any increase in emissions because the manufacturers must still comply with the vehicle standards. (See 81 FR 73499). However, this flexibility could allow some manufacturers to find a less expensive compliance path. We request comment on these proposed changes and any potential impact.

2. Confirmatory Testing of Engines and Measurement Variability

During the Phase 2 rulemaking, manufacturers raised concern about measurement variability impacting the stringency of the engine GHG standards and fuel map requirements. As noted in the Phase 2 FRM, the final standards were developed to account for this. (81 FR 73571, October 25, 2016).

Manufacturers raised particular concern about variability of fuel map measurements because neither they nor EPA had sufficient experience measuring fuel maps (in a regulatory context) to fully understand potential impacts. We estimated the fuel map uncertainty to be equivalent to the uncertainty associated with measuring CO₂ emission and fuel consumption over the FTP and RMC cycles, which we estimated to be about one percent. However, the Phase 2 FRM further noted that we would incorporate test procedure improvements that would futher reduce test result uncertainty. We also noted that: “If we determine in the future . . . that the +1.0 percent we factored into our stringency analysis was inappropriately low or high, we will promulgate technical amendments to the regulations to address any inappropriate impact this +1.0 percent had on the stringency of the engine and vehicle standards.” (81 FR 73571, October 25, 2016)

In conjunction with this commitment, EPA agreed to work with engine manufacturers to better understand the variability of measuring fuel maps. Through that work, we identified several sources of variability that could be reduced by making small changes to the test procedures. EPA is proposing these changes, which are listed in Sections I.A.1 through I.A.3 of this NPRM.

SwRI performed emission measurements in multiple test cells and identified distributions of error for other test inputs such measured fuel properties and calibration gas concentrations. SwRI then used a Monte Carlo simulation to estimate a distribution of errors in measured fuel maps.^[6] After reviewing the results, EPA has three significant observations:

1. The variability of measuring CO₂ and fuel consumption during fuel mapping is greater than the one percent assumed in the Phase 2 FRM.

2. The variability of measuring CO₂ and fuel consumption during the fuel mapping procedure is roughly the same as that of the FTP and RMC cycles.

3. Measuring CO₂ and fuel consumption at idle is particularly challenging.

Given these results, we understand why manufacturers would be concerned about the possibility of EPA changing an official fuel map results as a consequence of EPA confirmatory testing where the measured maps were within the expected range of variability. On the other hand, the similarity between the variability of measuring fuel maps and the variability of measuring CO₂ and fuel consumption over the FTP and RMC cycles (measurements for which EPA has already determined in both Phase 1 and Phase 2 that no such allowances are needed) suggests that manufacturers should ultimately be able to comply without any special provisions.

We are also considering this issue in the context of our longstanding policy that emission measurements made at our National Vehicle and Fuel Emissions Laboratory are official emission results. (See for example, § 1036.235.) We are hesitant to change any long-standing policy in a technical amendment rulemaking. Nevertheless, while we believe this issue ultimately will need to be addressed in a broader context, we are proposing a transitional approach to address the issue of engine mapping variability, as discussed below.

We are proposing an interim provision in 40 CFR 1036.150, under which EPA will not replace a manufacturer's fuel maps during confirmatory testing if the EPA-measured fuel maps were within 2.0 percent of the manufacturer's maps. We are proposing this as an interim provision but are not including an end date at this time. We would intend to reevaluate this provision as we learn more about the impact of measurement variability during fuel mapping, including the full impact of the proposed test procedure improvements that are intended to reduce measurement variability.

Since, this 2.0 percent reflects real testing variability, EPA anticipates that manufacturers could not know how the variability would affect an individual test result, which would preclude them from relying upon this margin for compliance in current engine designs or in any potential engine redesign. Additionally, EPA emphasizes that we are proposing to adopt this as an interim provision, and thus manufacturers should not otherwise rely on this provision as a compliance strategy for engine design, as EPA intends to revisit it based on further data and developments.

We are also proposing an algorithm for comparing fuel maps to one another. Because fuel maps are multi-point surfaces instead of single values, it would be a common occurrence that some of EPA's points would be higher than the manufacturer's while others would be lower.

We propose that EPA's measured fuel maps would be used with GEM according to § 1036.540 to generate emission duty cycles which simulate several different vehicle configurations, generating emission results for each of the vehicles for each of the duty cycles. Each individual duty cycle result could be weighted using the appropriate vehicle category weighting factors in Table 1 of 40 CFR 1037.510 to determine a composite CO₂ emission value for that vehicle configuration. If the process is repeated for the manufacturer's fuel maps, the average percent difference between fuel maps could be calculated as:

Where:

i = an indexing variable that represents one individual weighted duty cycle result for a vehicle configuration.

N = total number of vehicle configurations.

e CO2compEPA = total composite mass of CO₂ emissions in g/ton-mile for the EPA confirmatory test, rounded to the nearest whole number for vocational vehicles and to the first decimal place for tractors.

e CO2compManu = total composite mass of CO₂ emissions in g/ton-mile for the manufacturer test, rounded to the nearest whole number for vocational vehicles and to the first decimal place for tractors.

We request comment on the interim approach, and whether it appropriately balances the impacts of testing variability for fuel maps.

3. Other Minor Heavy-Duty Engine Amendments

EPA is proposing three additional amendments to part 1036:

• Correcting the assigned N₂O deterioration factor in § 1036.150(g). In the Phase 2 NPRM, EPA proposed to lower the N₂ O standard from 0.10 g/hp-hr to 0.05 g/hp-hr for model year 2021 and later diesel engines. In that context, we also proposed to lower the assigned deterioration factor (DF) from 0.020 g/hp-hr to 0.010 g/hp-hr for model year 2021 and later diesel engines. EPA explained in the preamble that we were not finalizing the change to the standard (81 FR 73530), but inadvertently finalized the proposed DF change in the regulations. Today, EPA is proposing to correct the DF back to 0.020 g/hp-hr for all diesel engines, consistent with the continuation of the 0.10 g/hp-hr N₂ O standard.
• Clarifying a reference to non-gasoline engine families in § 1036.705(b)(5). The second sentence of § 1036.705(b)(5) is intended to refer to non-gasoline engine families. However, the existing text is not clear. As written, it can be read to mean that gasoline engine families may not generate emission credits. EPA is proposing to add “non-gasoline” to make the intended meaning clearer.
• Engine families. Proposing to allow engine families to be divided into subfamilies with respect to CO_2. This allowance would simplify the certification process without changing the overall requirements.
• Adding a summary of previously applicable emission standards as Appendix I of part 1036. The proposed new Appendix is needed for reference to previously applicable emission standards and will cover regulatory text being deleted from 40 CFR part 86.

C. Heavy-Duty Vehicle GHG Emission Standards and Flexibility

1. Considerations of Aerodynamic Compliance Data

The aerodynamic drag of a vehicle is determined by the vehicle's coefficient of drag (C_d), frontal area, air density and speed. The regulations in § 1037.525 allow manufacturers to use a range of techniques, including wind tunnel testing, computational fluid dynamics, and constant speed tests. This broad approach is appropriate given that no single test procedure is superior in all aspects to other approaches. However, we also recognized the need for consistency and a level playing field in evaluating aerodynamic performance. To address the consistency and level playing field concerns, EPA adopted an approach that identified coastdown testing as the reference aerodynamic test method, and specified a procedure to align results from other aerodynamic test procedures with the reference method by applying a correction factor (F_alt-aero) to results from alternative methods (§ 1037.525(b)).

With this approach, it is important that F_alt-aero be accurate. Thus, the regulations (§ 1037.525(b)) require that manufacturers use good engineering judgement ^[7] when developing F_alt-aero, which would include considering all applicable coastdown data that are available. The applicable test data would be those coastdown results that were collected according to the specified test procedures, whether collected by the manufacturer during certification and SEAs, or by EPA during confirmatory testing.

Consider the hypothetical example shown in the figure below, where a manufacturer has coastdown results for eight vehicles. The plot shows the coastdown results corrected to represent wind averaged C_d A, plotted against the corresponding wind average wind tunnel results. Applying good engineering judgement to such a dataset would lead a manufacturer to separate the vehicles into two groups, with each having its own F_alt-aero value. The manufacturer would then need to work with EPA to determine how to appropriately apply these F_alt-aero values to other vehicle configurations.

As described in 40 CFR 1037.235, EPA may perform confirmatory testing on the manufacturer's vehicles, including a vehicle tested to establish the F_alt-aero value. The regulations also include an interim provision in § 1037.150(s) that states:

If we conduct coastdown testing to verify your F_alt-aero value for Phase 2 tractors, we will make our determination using a statistical analysis consistent with the principles of SEA testing in § 1037.305. We will calculate confidence intervals using the same equations and will not replace your test results with ours if your result falls within our confidence interval or is greater than our test result.

We are proposing to revise the interim allowance in § 1037.150(s) to require EPA to perform a minimum of 100 valid runs before replacing a manufacturer's value.

Test conditions for coastdown testing are another important consideration. For our testing, EPA intends to minimize the differences between our test conditions and those of the manufacturer by testing at similar times of the year. However, because of the limited number of coastdown test facilities and the challenges of scheduling time for testing, we cannot commit to testing during the same season as the manufacturer. In addition, even if we could test during the same season, we cannot prevent differences in test conditions.

Some manufacturers have expressed concern that this approach leaves too much risk for them because changing an F_alt-aero value would impact a large portion of their production and could undermine their compliance plans. These manufacturers suggest that EPA should revise the regulations to provide for larger differences before EPA is allowed to replace their value. Although we understand this concern, we do not believe the manufacturers' suggestion would be the appropriate long-term solution. When multiple measurements provide different values, good engineering judgment would generally call for more data rather than selecting a single value. Keeping with this principle, EPA is requesting comment on a potential allowance for manufacturers to conduct additional coastdown testing in response to a change by EPA to their F_alt-aero value through a 40 CFR 1068.5 good engineering judgment request. EPA would attempt to be present to witness the testing, and potentially take our own measurements. EPA would follow the procedures under 40 CFR 1068.5 in responding to the manufacturer to determine an appropriate F_alt-aero value, consistent with good engineering judgment.

Section 208 of the Act provides EPA broad oversight authority for manufacturer testing. Consistent with that authority, we are proposing to add a provision to our regulations at 40 CFR 1037.525(b)(8) to encourage manufacturers to proactively coordinate with EPA to have compliance staff present when a manufacturer conducts its coastdown testing to establish F_alt-aero values. Being present for the testing would give EPA greater confidence that the test was conducted properly, and thus, would make it less likely that EPA would need to conduct aerodynamic confirmatory testing on the vehicle. Additionally, under our current regulations, see 40 CFR 1037.301 and 1037.305, EPA may require, and generally intends to require for the 2021 model year, that manufacturers perform SEA testing of at least one of their reference configurations.

We are also proposing to revise the minimum number of runs required for a manufacturer to fail an SEA. Under the current Phase 2 regulations, a manufacturer could fail an SEA after as few as 24 valid runs. However, review of more recently available indicates that false failures may occur if the decision is based on 24 runs. Therefore, we are proposing to require a minimum of 100 valid runs before a vehicle is deemed to have failed the SEA test.

While we believe that these changes and clarifications would largely address the manufacturers' concerns, we request comment on other possible improvements to the aerodynamic test procedures and compliance program.

2. Idle Reduction for Tractors

The Phase 1 version of GEM gives credit for idle emission reduction technologies that include a tamper-proof automatic engine shutoff system (AESS), with few override provisions. Phase 2 GEM gives credit for a wider variety of idle reduction strategies, recognizing technologies that are available on the market today, such as auxiliary power units (APUs), diesel fired heaters, and battery powered units. For example, a tamper-proof AESS with a diesel APU would be credited with a 4 percent reduction in emissions, while an adjustable AESS with a diesel fired heater would be credited with a 2 percent reduction in emissions (See 81 FR 73601, October 25, 2016).

We now realize that the regulations should also recognize combinations of these technologies. It is common for sleeper-cab tractors to include a combination of these technologies to address a broader range of ambient temperatures. For example, a fuel operated heater may be used for heating during the winter months, while a battery APU may be used for air conditioning in the summer. Therefore, we are proposing to add the following combinations of idle reduction technologies to Table 9 of § 1037.520. By adding these values to GEM, it would reduce the compliance burden for manufacturers who would otherwise need to pursue off-cycle credits for these technology combinations. The values of the proposed technology benefits were determined using the same methodology used in the Phase 2 final rule.^[8 9]

3. Manufacturer Testing of Production Vehicles

The regulations will require tractor manufacturers to annually chassis test five production vehicles over the GEM cycles to verify that relative reductions simulated in GEM are being achieved in actual production. See 40 CFR 1037.665. We do not expect absolute correlation between GEM results and chassis testing. GEM makes many simplifying assumptions that do not compromise its usefulness for certification but do cause it to produce emission rates different from what would be measured during a chassis dynamometer test. Given the limits of correlation possible between GEM and chassis testing, we would not expect such testing to accurately reflect whether a vehicle was compliant with the GEM standards. Therefore, § 1037.665 does not apply compliance liability to such testing. Rather, this testing will be for informational purposes only. (81 FR 73638, October 25, 2016.)

The regulation also allows manufacturers to request approval of alternative testing “that will provide equivalent or better information.” Manufacturers have asked us to clarify this allowance. Therefore, we are proposing to explicitly allow CO₂ data from in-use operation, and CO₂ data from manufacturer-run on-road testing. To qualify, the vehicles would need to be actual production vehicles rather than custom-built prototype vehicles. Such vehicles could be covered by testing or manufacturer owned exemptions but would need to be produced on an assembly line or other normal production practices. Manufacturers would also need to ensure test methods are sufficiently similar from year to year to allow for a meaningful analysis of trends.

4. Canadian Vehicle Standards

During the Phase 2 rulemaking, Environment and Climate Change Canada (ECCC) emphasized that the highway weight limitations in Canada are much greater than those in the U.S. Where the U.S. federal highways have limits of 80,000 pounds gross combined weight, Canadian provinces have weight limits up to 140,000 pounds. This difference could potentially limit emission reductions that could be achieved if ECCC were to fully harmonize with the U.S.'s HD Phase 2 standards because a significant portion of the tractors sold in Canada have GCWR (Gross Combined Weight Rating) greater than EPA's 120,000-pound weight criterion for “heavy-haul” tractors.

EPA addressed this in Phase 2 by adopting provisions that allow the manufacturers the option for vehicles above 120,000 pounds GCWR to meet the more stringent standards that reflect the ECCC views on appropriate technology improvements, along with the powertrain requirements that go along with higher GCWR (see 81 FR 73582, October 25, 2016). Vehicles in the 120,000 to 140,000 pound GCWR range would normally be treated as simple “heavy haul” tractors in GEM, which eliminates the GEM input for aerodynamics. However, vehicles certified to the optional standards would be classified as “heavy Class 8” tractors in GEM, which then requires an aerodynamic input. Nevertheless, they both use the heavier payload for heavy haul.

ECCC has since adopted final standards for these tractors, which differ from the optional standards finalized in Phase 2.^[10] Since the purpose of these standards was to facilitate certification of vehicles intended for Canada, we are now proposing to revise our optional standards to be the same as the final ECCC standards. The proposed standards can be found in § 1037.670. Note that these standards are not directly comparable to either the normal Class 8 standards or the heavy haul standards of § 1037.106 because GEM uses different inputs for them.

ECCC has also adopted new standards for tractors in the 97,000 to 120,000-pound GCWR category. We request comment on the need for special provisions for these vehicles.

5. Vehicle Model Year Definition

For Phase 2 tractors and vocational vehicles, the vehicle's regulatory model year is usually the calendar year corresponding to the date of manufacture. However, the Phase 2 regulations allow the vehicle's model year to be designated to be the year before the calendar year corresponding to the date of manufacture if the engine's model year is from an earlier year.

After promulgation of the FRM, it became apparent that the Phase 2 vehicle model year definition does not allow starting a vehicle model year before January 1st of the named model year if the engine model year also begins in the earlier year. For example, if a manufacturer would start its 2024 engine model year in December 2023, the definition would not allow vehicles produced in 2023 to be model year 2024.

To address this issue, EPA is proposing to add back the option to allow the vehicle's model year to be designated to be the year after the calendar year of manufacture. In other words, we would allow manufacturers to meet standards earlier to ensure that engine and vehicle model years are aligned. Model years would still be constrained to reflect annual (rather than multi-year) production periods and include January 1 of the named year.

6. Compliance Margins for GEM Inputs

The regulations at 40 CFR 1037.620(d) allow components manufacturers to conduct testing for vehicle manufacturers, but they do not specify restrictions for the format of the data. Vehicle manufacturers have raised concerns about component manufacturers including compliance margins in GEM inputs—in other words, inputting a value that is significantly worse than the tested result. They state that many component suppliers are providing GEM inputs with compliance margins, rather than raw test results. However, when stacked together, the compliance margins would result in inappropriately high GEM results that would not represent the vehicles being produced.

In addressing this concern, it is important to distinguish between engine fuel maps (which are certified separately) and other GEM inputs that are not certified. As is discussed in Section I.B.2, certified engine fuel maps are expected to include compliance margins (albeit small margins). However, EPA did not expect each GEM input to have a significant compliance margin of its own. (Note that the aerodynamic bin structure serves to provide an inherent compliance margin for most vehicles.) Rather, we expected the certifying OEM to include compliance margins in their Family Emission Limits (FELs) relative to the GEM outputs.

For vehicle GHG standards, the primary role for FEL compliance margins is to protect against Selective Enforcement Audit (SEA) failures. Without a compliance margin under the Phase 2 regulations, normal production variability would cause some vehicles to fail, which would require the testing of additional vehicles. Even if the family ultimately passed the SEA, it would probably require the manufacturer to test a large number of vehicles. However, because SEAs for particular components would not target GEM inputs for other components, a modest compliance margin for the FEL would be sufficient to cover the full range of components.

While we are not proposing explicit changes with respect to compliance margins, we are proposing to revise the procedures for conducting an SEA for an axle or transmission apart from a specific vehicle. These revisions would further obviate a need for component-specific compliance margins.

Although we do not believe that suppliers should normally include compliance margins when providing test data to OEMs for GEM inputs, we do believe they should provide to OEMs some characterization of the statistical confidence they have in their data. This would allow the OEM to apply an appropriate overall compliance margin for their FEL.

Finally, none of this is intended to discourage suppliers and OEMs from entering into commercial agreements related to the accuracy of test results or SEA performance.

7. SEAs for Axles and Transmissions

Under 40 CFR 1037.320, a selective enforcement audit (SEA) for axles or transmissions would consist of performing measurements with a production axle or transmission to determine mean power loss values as declared for GEM simulations, and running GEM over one or more applicable duty cycles based on those measured values. The axle or transmission is considered passing for a given configuration if the new modeled emission result for every applicable duty cycle is at or below the modeled emission result corresponding to the declared GEM inputs. As described below, EPA is proposing to revise the consequences where an axle or transmission does not pass.

We believe special provisions are needed for axles and transmissions given their importance as compliance technologies and a market structure in which a single axle or transmission could be used by multiple certifying OEMs. Under the existing SEA regulations, if an axle or transmission family from an independent supplier fails an SEA, vehicle production could be disrupted for multiple OEMs and have serious economic impacts on them. We are proposing new regulatory text that would minimize the disruption to vehicle production.

Under the proposal, if the initial axle or transmission passes, then the family would pass, and no further testing would be required. This is the same as under the existing regulations. However, if the initial axle or transmission does not pass, two additional production axles or transmissions, as applicable, would need to be tested. Upon completion of the third test, the results of the three tests would be combined into a single map. This would become the official test result for the family. In other words, this proposed approach would correct the data used by the OEM for their end-of-year report.

We request comment on whether there are other components for which this approach would be appropriate.

8. Weight Reduction

The regulations in 40 CFR 1037.520 include tables to calculate weight reduction values for using certain lightweight components. The sum of the weight reductions is used as an input to GEM. EPA is proposing two changes to Table 8 of that section. First, we are proposing to allow manufacturers to use the heavy heavy-duty (HHD) values for medium heavy-duty (MHD) vehicles with three axles (i.e., 6x4 and 6x2 configurations). These MHD vehicles typically share chassis components with HHD vehicles, but are classified as MHD because of the lighter duty engines. Second, we are proposing to add a footnote to the table to clarify that the weight reduction values apply per vehicle (instead of per component) unless otherwise noted.

9. Electric and Hybrid Vehicles in Vocational Applications

Manufacturers have expressed concern that the Phase 2 regulations are not specific enough regarding how to classify hybrid vocational vehicles (see 40 CFR 1037.140). This is not an issue for tractors, which are classified based on GVWR. However, vocational vehicles are generally classified by the class of the engines. Obviously, this approach does not work for electric vehicle without engines. This approach could also misrepresent a hybrid vehicle that is able to use an undersized engine. To address these problems, we are proposing to revise 40 CFR 1037.140(g) to clarify that hybrid vehicles are heavy heavy-duty vehicles if they are either propelled by a heavy heavy-duty engine and all other hybrid and electric vehicles are classified by GVWR class. We request comment on alternative approaches, such as specifying the useful life in hours rather than miles for these vocational vehicles, or allowing electric vehicles to step down one weight class, with justification from the manufacturer.

10. Vocational Vehicle Segmentation

The Phase 2 regulatory structure applies the primary vocational standards by subcategory based on drive cycles. The three subcategories are Regional, Multi-purpose, and Urban. Manufacturers are generally allowed to certify vocational vehicles in the particular duty-cycle subcategory they believe to be most appropriate, consistent with good engineering judgment. This process for selecting the correct subcategory is often called “segmentation.” Under this structure, EPA expects manufacturers to choose a subcategory for each vehicle configuration that best represents the type of operation that vehicle will actually experience in use. This is important because several technologies provide very different emission reductions depending on the actual in-use drive cycle. For example, stop-start would provide the biggest emission reductions for urban vehicles and much less reduction for vehicles that operate primary on long intercity drives.

Manufacturers have raised concerns about the impact of this structure on their ability to plan for and monitor compliance. They have suggested that more objective and quantitative good engineering judgment criteria would be helpful. In response to these concerns, EPA is proposing an interim “safe harbor” provision for vocational vehicle segmentation. Manufacturers meeting the safe harbor criteria described below would be presumed to have applied good engineering judgment.

The first principle of this safe harbor would be that any vehicle could be classified as Multi-purpose. The Multi-purpose duty cycle weighting factors include significant weightings for highway operation, lower speed transient operation, and idle. Thus, it would not generally overvalue an individual technology.

The second principle of this safe harbor would be that vehicles not classified as Multi-purpose should not be exclusively Regional or Urban. We are proposing a quantitative measure that evaluates the ratio of Regional vehicles to Urban vehicles within an averaging set. Specifically, ratio of Regional vehicles to Urban vehicles must be between 1:5 and 5:1. An equivalent way of saying this is that the number of Regional vehicles divided by the number of Urban vehicles would need to be between 0.20 and 5.0.

We believe this safe harbor would be consistent with the intent of the Phase2 program and would not allow manufacturers to reduce the effective stringency the standards. Nevertheless, EPA requests comment on this approach overall and the range of acceptable ratios. We also request comment on how to handle specialty manufacturers that have a less diverse product offerings. Finally, we request comment on the need for the subcategory on the label and whether or not we should allow manufacturers to reassign subcategories for their end-of-year ABT reports.

11. Early Certification for Small Manufacturers

Vehicle manufacturers that qualify as small businesses are exempt from the Phase 1 standards, but must meet the Phase 2 standards beginning in 2022. However, some vehicle families have been certified voluntarily to Phase 1 standards by small manufacturers. In an effort to encourage more voluntary early certification to Phase 1 standards, we are proposing to adopt a new interim provision in § 1037.150(y)(4) for small manufacturers that certify their entire U.S.-directed production volume to the Phase 1 standards for calendar year 2021. If the small manufacturers do so, the proposed provision would then allow these manufacturers to certify to the Phase 1 standards for model year 2022 (instead of the otherwise applicable Phase 2 standards). Early compliance with the Phase 1 standards should more than offset any reduction in benefits for model year 2022 (although the magnitude of any impact on air quality would be small because of the small production volumes that would be involved).

The proposed provision would also allow the Phase 1 vehicle credits that small manufacturers generate from model year 2018 through 2022 vocational vehicles to be used through model year 2027. Under the existing regulations, all manufacturers that generate credits under the Phase 1 program are allowed to use such Phase 1 vehicle credits in the Phase 2 vehicle averaging, banking, and trading program, but the credits are subject to the five-year credit life. The limit on credit life can be problematic for small manufacturers with limited product lines which allow them less flexibility in averaging. We believe the longer credit life would provide them the flexibility they would need to ensure all of their products are fully compliant by the time the Phase 2 standards are fully phased in for model year 2027.

We request comment on these proposed changes and any potential impact.

12. Other Minor Heavy-Duty Vehicle Amendments

EPA is proposing four additional amendments to part 1037:

• Self-contained air conditioning units. We are proposing to revise § 1037.115(e) to clarify that it is intended to address air conditioning systems for which the primary purpose is to cool the driver compartment. This would generally include all complete pickups and vans, but not self-contained air conditioning or refrigeration units on vocational vehicles.
• Warranty. We are proposing to revise § 1037.120(b) to correct the text with respect to tires and Heavy Heavy-Duty vehicles.
• Drayage tractors. We are proposing to revise § 1037.140(aa) to clarify the production limit for drayage tractors under the custom chassis allowance.
• Neutral idle. We are proposing to revise § 1037.660(a)(2) to specify the permissible delay before engaging neutral idle when the vehicle is stopped.

D. Requests for Comment on Phase 2 Regulations

EPA is soliciting comments on other potential amendments, including those described in this Section II.D. We also welcome comments on the need for other technical corrections and clarifications. Readers are reminded to review public comments placed in the docket, which may contain requests for other corrections and clarifications.

1. Vocational Engines and Credits

In 40 CFR 1036.150(p), EPA provides special flexibility for engine manufacturers that certify all their model year 2020 engines within an averaging set to the model year 2021 FTP and SET standards and requirements. GHG emission credits those manufacturers generate with model year 2018 through 2024 engines may be used through model year 2030, instead of being limited to a five-year credit life as specified in § 1036.740(d). They will also be allowed to certify model year 2024 through 2026 tractor engines to alternative standards that are slightly higher than the otherwise applicable standards.

The choice would be made when certifying MY 2020 engines. Instead of certifying engines to the final year of the Phase 1 engine standards, manufacturers electing the alternative would indicate that they are instead certifying to the MY 2021 Phase 2 engine standard. Because these engine manufacturers would be reducing emissions of engines otherwise subject to the MY 2020 Phase 1 engine standards (and because engine reductions were not reflected in the Phase 1 vehicle program), there would be a net benefit to the environment. These engines would not generate credits relative to the Phase 1 standards (that is, MY 2020 engines would only use or generate credits relative to the pulled ahead MY 2021 Phase 2 engines standards). Because the vehicle standards themselves are unaffected, these voluntary standards would not reduce the GHG reductions or fuel savings of the program. Vehicle manufacturers using the alternative MYs 2024-2026 engines would need to adopt additional vehicle technology (i.e., technology beyond that projected to be needed to meet the engine standard) to meet the applicable vehicle GHG standards. This means the vehicles would still achieve the same fuel efficiency in use.

EPA did not adopt a similar provision for alternative MY 2024-2026 standards for vocational engines due to concerns about windfall credits. However, given our proposed amendment to address these windfall credits (Section I.B.1), we are asking for comment on the possibility of a similar set of alternative standards for vocational engines, as shown in the following table:

As noted in the Phase 2 FRM, EPA views this type of alternative as being positive from the environmental and energy conservation perspectives, while providing significant flexibility for manufacturers that may reduce their compliance costs. (81 FR 73499, October 25, 2016)

2. Stop-Start Overrides

Stop-start systems are an important technology to reduce unnecessary idling, such as when a vehicle is stopped at a traffic light. In 40 CFR 1037.660, we specify how these systems must operate in order to qualify for GEM credit. Included among those provisions are allowances for overriding the automatic engine shutdown where it would otherwise create a potential system damage or safety issue for the engine or driver. Manufacturers have asked us to include additional overrides needed to ensure safe and effective vehicle operation. Specifically, they have asked us to consider overrides for the following conditions, which we are requesting comment on:

• Driveline engaged (to prevent driveline and/or starter damage)
• Automatic transmission not in D (to reduce engine and transmission loading)
• Automatic transmission in P or N (to prevent depleting the battery)
• Turn signal activated (to prevent engine stop with the vehicle in intersection)
• Hazard warning signal activated (to prevent engine stop during limp-home mode)
• SCR thawing (to allow thawing of frozen DEF)
• High steering angle (to avoid steering wheel kickback during engine start)
• ABS wheel speed sensor failure (to ensure detection of vehicle speed)
• Hard braking event (to avoid startling the driver after an event)
• Road grade greater than 7% (to prevent vehicle rollback)

3. Delegated Assembly

In 40 CFR 1037.621, EPA specifies provisions to allow manufacturers to ship incomplete vehicles and delegate the final assembly to another entity. Manufacturers have expressed the concern that these “delegated assembly” requirements are too burdensome in some cases, particularly in cases such as auxiliary power units and natural gas fuel tanks. EPA requests comment on this issue.

4. Certification Reporting Requirements

EPA requests comment on whether and how to revise the text to simplify or clarify the provisions in 40 CFR 1037.205 that require the inclusion of GEM results and credit projections in applications for certification.

5. Mild Hybrid Certification

Under the Phase 2 regulations, manufacturers must conduct powertrain testing if they wish to take credit for hybrid systems, including mild hybrid systems. However, manufacturers have expressed concerns about the cost of powertrain testing and that the existing procedure may not measure improvements from certain mild hybrid systems. EPA requests comment on alternative means of evaluating mild hybrids. Manufacturers have asked EPA to consider the following options:

• Allow manufacturers to test a powertrain and apply analytically-derived scaling factors to others (e.g., scale by fraction of battery capacity or motor capacity) under 40 CFR 1037.235(h).
• Allow manufacturers to use international test procedures for battery capacity, motor power, and motor efficiency.
• Provide smaller credit (potentially with a volume limit and/or only for limited time) in exchange for less testing (e.g., reduced benefit when using the simplified model spreadsheet that is available under docket no. EPA-HQ-OAR-2014-0827-2109).

6. Transmission Calibrations

Manufacturers with advanced transmission calibrations may use the powertrain test option in § 1037.550 to demonstrate the performance of their transmissions. We adopted this option to provide an incentive for the development of advanced transmissions with sophisticated calibrations.

Transmission manufacturers have developed some new efficient calibrations, but must also maintain less efficient calibrations to address special types of operation. Due to concerns about resale value, most customers want to retain the ability to select the correct calibration for their operation. For transmissions with such selectable calibrations, § 1037.235(a) requires that they test using the worst-case calibration, which can undermine the incentive to continue improving the calibrations. Therefore, we are requesting comment on allowing manufacturers to measure both the best- and worst-case calibrations and weight them based on survey data, or other appropriate means. Commenters are encouraged to address whether such an allowance would change the effective stringency of the standards.

7. Data Requirements for Hydrogen-Fueled Vehicles

We request comment on whether special provisions are needed for hydrogen-fueled vehicles. Currently GEM simulation is required for these vehicles, although by using a non-carbon fuel, simulating the vehicle with GEM would result in zero CO₂ emissions. We request comment on whether or not to change our current approach.

E. Other Heavy-Duty Highway Amendments

This proposed rule includes other amendments related to heavy-duty highway engines. For example, we are updating the regulations for certification fees as described in Section III.C. We are also proposing or soliciting comment on additional amendments as described in the following sections.

1. Onboard Diagnostics (OBD)

EPA's OBD regulations for heavy-duty engines are contained in 40 CFR 86.010-18, which was promulgated February 24, 2009 (74 FR 8310). Although these regulations were originally harmonized with CARB's OBD program, CARB has made changes to their regulations which EPA has not adopted. In several cases, CARB has added flexibility to its regulations. We are requesting comment generally on the differences between EPA and CARB regulations, in addition to the specific issues identified below.

More recently CARB has proposed additional revisions and is expected to finalize them this year.^[11] We also request comment on these more recent CARB changes.

We request comment on the new definitions proposed by CARB at 13 CCR 1971.1(c), including the definitions for “alternate phase-in”, “diagnostic or emission critical electronic control unit”, and “smart device”.

EPA is requesting comment on California's approach to approving deficiencies during a model year. In § 1971.1(k)(6.1.1) of their regulations, CARB states:

The manufacturer may request a retroactive deficiency until either of the following dates, whichever is later:

(A) When the last affected engine or vehicle is produced, or on December 31 of the calendar year for which the model year is named, whichever is sooner; or

(B) 6 months after commencement of the start of engine production or vehicle production, whichever is later.

Our current regulations do not allow for retroactive deficiencies. EPA is requesting comment on whether to adopt CARB's approach.

We are proposing to adopt the CARB 5% threshold for misfire in § 86.010-18(g)(2), and to adopt the additional flexibility provided by CARB for misfires in 13 CCR 1971.1(e)(2.3.3). This would allow manufacturers to not detect misfires under certain conditions, such as during aftertreatment regeneration and some low temperature operation.

We are proposing to revise our in-use compliance standards in § 86.010-18(p) to reflect the CARB approach for minimum ratios for representative samples. Under the proposed text, an OBD system would not be considered noncompliant unless a representative sample indicates the in-use ratio is below 0.088.

CARB has developed reporting templates for its OBD requirements. EPA is proposing to allow manufacturers to use these templates for reporting to EPA, and we are requesting comment on whether regulatory changes are needed. See CARB Mail-Out #MSC 09-22 as amended on 18-Apr-2019.

Our OBD regulations rely on several standard procedures developed by SAE International, as specified in § 86.010-18(k). The regulations also reference a standard of the International Organization for Standardization (ISO). We request comment on the need to update these procedures to more recent versions as summarized below.

In § 86.010-18(l), EPA specifies testing requirements for demonstrating the performance of monitoring systems. The amount of testing required depends on the number of engine families a manufacturer certifies in a given model year. CARB regulations include equivalent requirements, and our intent is to allow the use of test data generated for CARB. We are proposing to revise our regulations to state that CARB-certified configurations do not count as separate engine families for the purposes of this provision.

EPA is proposing to revise § 86.010-18(a) and (m) to allow a simplified carryover OBD certification path intended for special engine families, such as those certified for export to Canada. This proposed provision is similar to the allowance to show compliance with § 86.010-18 based on CARB certification. To make use of either alternative, the manufacturer must demonstrate to the Administrator how the OBD system they intend to certify meets the intent behind all the requirements of § 86.010-18.

These amendments address heavy-duty engines used in vehicles with GVWR above 14,000 pounds. We request comment on the need for similar changes for engine-certified heavy-duty engine families subject to 40 CFR 86.007-17 and 86.1806-17.

2. Smoke Standards and Smoke Measurement Procedures

Diesel heavy-duty highway engines have been subject to smoke standards in addition to brake-specific emission standards for many years. The current exhaust emission standards for particulate matter (PM) cause manufacturers to apply calibrations and emission control strategies that reduce PM from the exhaust to very low levels. There is some relationship between brake-specific PM emissions and smoke, but they are not inherently linked. Nevertheless, modern engines with very low PM emissions have very low smoke levels when properly maintained. Thus, we do not believe smoke standards achieve any emission reductions beyond those that result from DPF-forcing PM standards.

Manufacturers submit smoke data with certification, but smoke testing is not required for selective enforcement audits with production engines. Some state programs continue to rely on smoke measurement to screen for high-emitting trucks. However, these state testing programs are separate from EPA certification, so we do not expect the state programs to depend on EPA certification for smoke standards. We therefore request comment on removing the smoke standard as a certification requirement for heavy-duty highway engines. We particularly request comment on the EPA smoke standard and its relationship to state testing programs.

There are also questions about the smoke test procedures. The smoke test procedures are specified in 40 CFR part 86, subpart I. These procedures were first adopted almost 50 years ago and have remained largely unchanged since that time. They currently apply for locomotives (40 CFR part 1033) and some land-based nonroad diesel engines (40 CFR part 1039). To the extent these procedures continue to apply, we may undertake a future rulemaking to update these procedures and include them in 40 CFR part 1065 along with the other test procedures for measuring exhaust emissions from test engines. We request comment on appropriate changes to ensure that these measurement procedures reflect currently available instruments and practices, without causing the measured values to redefine the stringency of existing standards.

3. Migration From 40 CFR Part 86, Subpart A

EPA created 40 CFR part 86 in 1976 to reorganize emission standards and certification requirements for light-duty and heavy-duty highway vehicles and engines. In 1985, EPA adopted new standards for heavy-duty highway engines, codifying the standards in 40 CFR part 86, subpart A, along with the standards and certification procedures for light-duty vehicles and light-duty trucks.^[12] Since then, EPA has adopted several rules to set new and more stringent standards for both light-duty and heavy-duty emission control programs and to add or revise certification procedures. However, the original regulatory structure was not well-suited to handle the number of revisions that occurred over time.

To improve clarity for regulated parties, EPA has been planning to migrate the highway heavy-duty engine standards and certification requirements to 40 CFR part 1036.^[13] We expect to propose that migration in a separate rulemaking. The general approach will be to keep the essential regulatory elements in 40 CFR part 86, subpart A, but to streamline and update the regulatory provisions to align with best practices and other current provisions that apply for nonroad engines (such as 40 CFR parts 1033, 1039, and 1042). We believe this technical amendment rulemaking is a good opportunity to solicit input on principles and opportunities for eventually adopting those updated regulations in 40 CFR part 1036.

The migration of regulatory provisions to 40 CFR part 1036 is planned for a future rulemaking because it necessitates a thorough investigation of the provisions that currently apply to heavy-duty engines under 40 CFR part 86. A memo in the docket for this proposal describes a range of possible regulatory amendments we could eventually adopt to reorganize the provisions within 40 CFR part 86, subpart A, eliminate obsolete content, and improve the readability of the remaining provisions.^[14] We request comment on those regulatory changes, and on the value of making these changes in this rulemaking, considering that these changes will apply only for the limited time that 40 CFR part 86, subpart A, continues to apply.

III. Other Amendments

A. Ethanol-Blend Test Fuels for Nonroad Spark-Ignition Engines and Vehicles, Highway Motorcycles, and Portable Fuel Containers

EPA adopted exhaust and evaporative emission standards for gasoline-fueled nonroad engines, vehicles, and equipment before there was a federal gasoline test fuel with 10 percent ethanol (E10). Most of those programs therefore relied on testing with neat gasoline (E0) or with a splash-blended mix of neat gasoline and ethanol to make E10. In the meantime, EPA adopted a federal gasoline test fuel with 10 percent ethanol for testing motor vehicles (79 FR 23414, April 28, 2014).

California ARB adopted its own specification for an E10 test fuel for testing motor vehicles, referred to as “LEV III E10.” California ARB revised its nonroad emission control programs to require manufacturers to start using LEV III E10 test fuel for certification starting in model year 2020, without allowing for carryover of previous data from testing with neat gasoline. California ARB's move to require use of LEV III E10 test fuel for certification has led manufacturers to express a concern about the test burden associated with separate testing to demonstrate compliance with EPA and California ARB emission standards.

The concern for aligning test requirements related to test fuel applies for marine spark-ignition engines (40 CFR part 1045), nonroad spark-ignition engines above 19 kW (40 CFR part 1048), and recreational vehicles (40 CFR part 1051).^[15] We expect a similar situation to apply for highway motorcycles in the 2022-2025 time frame based on California ARB's plans for further rulemaking activity. In addition, we believe it is best to update evaporative emission test procedures for equipment using nonroad spark-ignition engines (40 CFR part 1060) to allow for using EPA' specified E10 test fuel instead of relying on splash-blending ethanol with EPA's specified E0 gasoline test fuel (known as indolene).

We have issued guidance for marine spark-ignition engines (40 CFR part 1045) ^[16] and for recreational vehicles (40 CFR part 1051) ^[17] describing how we may approve certification based on emission measurements with an E10 test fuel. We are proposing to revise 40 CFR parts 1045, 1048, and 1051, consistent with the recently issued guidance documents, to allow for certification based on emission measurements with EPA's E10 test fuel without requiring EPA approval, and without adjusting emission standards to account for fuel effects. For marine spark-ignition engines (40 CFR part 1045), this merely replaces the existing provision allowing for the alternative of using a splash-blended E10 test fuel. For recreational vehicles (40 CFR part 1051) and Large SI engines (40 CFR part 1048), naming EPA's E10 specification as the alternative test fuel is a new provision. As originally adopted for Marine SI engines, EPA would always be able to do confirmatory testing with either the original E0 test fuel, or the manufacturer's selected alternative fuel.

We are also proposing to allow the same approach for certification based on emission measurements with EPA's E10 test fuel for highway motorcycles (including EPA confirmatory testing with either E0 or E10).

Manufacturers may want to test with California ARB's LEV III E10 test fuel instead of EPA's E10 test fuel. The two sets of fuel specifications are nearly identical, except that the EPA E10 test fuel has a higher volatility. For testing hot-stabilized engines, volatility has a very small effect on exhaust emissions. As a result, we would expect to approve a manufacturer's request to use LEV III E10 test fuel instead of EPA's E10 test fuel under 40 CFR 1065.701(b). This provision allows EPA to approve a different test fuel if it does not affect a manufacturer's ability to show that its engines will comply with all applicable emission standards using the fuel specificed in the subpart. This would apply if fuel's effect on emissions is small enough to allow for using the test results to show that engines would meet applicable emission standards with the specified fuel. Since there are no appreciable fuel effects on exhaust emissions between EPA's E10 test fuel and LEV III E10 test fuel, we would expect this approval process to be straightforward.

We expect this approach of allowing E10 as an alternative test fuel to adequately address concerns for the identified sectors. Many of these engines have closed-loop fuel controls that reduce the effect of fuel variables on exhaust emissions. Many also have relatively large compliance margins relative to the standards that apply. These factors help manufacturers confidently test with E10 as an alternative fuel, knowing that they continue to be liable for meeting emission standards on the specified E0 test fuel.

EPA has an interest in transitioning all emission measurements for gasoline-fueled engines to an E10 test fuel. However, modifying the emission control program by allowing (or requiring) a complete compliance demonstration based on an E10 test fuel would require a more careful assessment of the fuel effects from the ethanol added to the test fuel. Since the ethanol in some cases has significant effects on HC, NO_X, and CO emissions, we would need to evaluate the resulting effects on the stringency of the standards. We would generally expect to adopt adjusted standards with the objective of maintaining equivalent stringency. Developing such alternative standards for an E10 test fuel would require a large body of data to adequately capture the fuel effects on emissions for all the different classes of highway motorcycles, for all the different types of nonroad engines and vehicles, and for different kinds of engine technology within the various sectors. We took this approach for nonroad spark-ignition engines below 19 kW by adopting alternative CO standards that apply for testing with LEV III E10 test fuel (78 FR 36397, June 17, 2013).

Toward that end, we have prepared a memorandum with a collection of available emission data from nonroad engines and highway motorcycles tested with E0 and E10 test fuels.^[18] The data include results from programs conducted by industry associations, EPA efforts with Canadian labs, and other U.S. laboratory data. We solicit additional emission data to further help establish the comparison between the test fuels for different engine types, applications, and technologies. We also request comment on the benefits or concerns with adopting alternative standards that correspond with a change to require E10 test fuel for all testing (both for manufacturers and EPA). Available information suggests that the fuel-related emission effects for technologies across these sectors are much more complex and varied than we observed for Small SI engines. Some technology differences, such as two-stroke vs. four-stroke and naturally aspirated vs. turbocharged, have relatively consistent and predictable fuel-related emission effects. However, some technologies will have fuel-related emission effects that depend on specific design strategies. For example, manufacturers can use electronic controls to optimize for power, fuel economy, low-speed torque, or some other measure of performance. Partial use of closed-loop control of air-fuel ratios is one clear example of this, with the potential to adjust the air-fuel ratio to different setpoints, or to limit closed-loop control only to certain operating conditions. We request comment on how best to account for these design-specific engine technologies in evaluating fuel-related emission effects for each type of engine.

The emission effects are most pronounced for CO emissions, but we are also interested in HC and NO_X emissions. To the extent that NO_X emissions (or HC + NO_X emissions) increase to a degree that affects the stringency of the standards, we would consider increasing the numerical level of the standard to maintain equivalent stringency.

EPA also specifies test fuels for evaporative emission testing. The gasoline test fuel for measuring permeation emissions from nonroad fuel tanks and fuel lines is a splash-blended E10. The is an E0 test fuel that is blended to reach a 10 percent concentration of ethanol. The splash-blended E10 test fuel is nearly identical to EPA's specified E10 test fuel except for the volatility. EPA's Tier 3 E10 test fuel has a nominal volatility of 9 psi RVP and the splash-blended E10 has a volatility of about 10 psi RVP.^[19] We request comment on amending the regulation to allow testing with the pre-mixed E10 test fuel with 9 psi RVP instead of the splash-blended E10 test fuel with 10 psi. In particular, we encourage commenters to share any available data describing how gasoline volatility affects permeation rates. We would not want manufacturers to test with lower fuel volatility if it decreases permeation rates and allows manufacturers to use a less effective control technology. We also request comment on the level of interest that manufacturers or testing organizations would have to be able to use EPA's pre-mixed E10 test fuel in the near term, or at any point in the future. We are concerned about issues related to test burden for manufacturers needing to meet standards, but we invite commenters to share their insights on these questions of permeation chemistry. If the final rule includes an amendment to allow permeation testing with EPA's pre-mixed E10 test fuel, we would also expect to specify that California ARB's LEVIII E10 test fuel is also acceptable for demonstrating compliance with permeation standards (see § 1060.505(c)(2)).

A different dynamic applies for diurnal testing. This measurement procedure applies for Marine SI fuel tanks and for some Large SI equipment. We currently specify an E0 test fuel with a nominal volatility of 9 psi RVP for diurnal testing in 40 CFR 1060.525. The volume of vapor venting during a diurnal test depends on the volatility of the test fuel. Changing the ethanol content of the fuel without changing the volatility should cause no significant change in the volume of vapor venting during the diurnal test. The specified EPA E10 test fuel has the same volatility as the E0 test fuel, but it has the added ethanol. We request comment on amending the regulation to allow testing with the specified EPA E10 test fuel instead of the E0 test fuel. As described for permeation testing above, we would not want manufacturers to use a test fuel that would decrease vapor pressures and allow manufacturers to use a less effective control technology. We also request comment on the level of interest that manufacturers or testing organizations would have to be able to use EPA's specified E10 test fuel in the near term, or at any point in the future.

We specify emission standards and test procedures for portable fuel containers in 40 CFR part 59, subpart F. The test relies on a splash-blended E10 test fuel. California ARB specifies their LEV III gasoline test fuel for the analogous procedures in California, but they allow manufacturers to submit data instead using EPA's specified test fuel. Accordingly, we believe manufacturers do not face the same burden of needing to perform duplicate measurements for the two agencies. We are therefore not proposing to change the EPA test fuel for portable fuel containers. However, we request comment on allowing manufacturers the option of using EPA's specified E10 test fuel to demonstrate compliance with the combined test for diurnal and permeation emissions.

B. Removing Obsolete CFR Content

EPA first adopted emission standards for light-duty motor vehicles and heavy-duty highway engines in the 1970s. Emission standards for the first categories of nonroad engines started to apply in the 1990s. Each of these programs include emission standards that apply by model year. For most of these programs over time, engines and vehicles were subject to increasingly stringent standards and improved certification and testing requirements. All these standards and regulatory provisions are codified in the Code of Federal Regulations. As time passes, the regulations for past model years become obsolete, but it remains in print until there is a rulemaking change to remove it from print. We are proposing in this rule to remove large portions of this regulatory content that no longer applies. The following sections describe these changes for different sectors.

Note that Section III.D describes several amendments to emission control programs for motor vehicles in 40 CFR parts 85 and 86. These amendments include several provisions that also remove obsolete regulatory content.

1. Clean Fuel Fleet Standards (40 CFR Part 88)

The Clean Air Act Amendments of 1990 included numerical standards for the Clean Fuel Fleet program that were intended to encourage innovation and reduce emissions for fleets of motor vehicles in certain nonattainment areas as compared to conventionally fueled vehicles available at the time. As originally adopted, those Clean Fuel Fleet standards were substantially more stringent than the standards that applied to vehicles and engines generally.

Now that we have begun implementing Tier 3 standards in 40 CFR part 86, subpart S, the Clean Fuel Fleet standards are either less stringent than or equivalent to the standards that apply to vehicles and engines generally. Because the statute continues to require Clean Fuel Fleet standards for state clean-fuel vehicle programs, we cannot simply remove the Clean Fuel Fleet program from the regulations. Rather, we are proposing to implement the Clean Fuel Fleet standards in 40 CFR part 88 with a compliance option where vehicles and engines certified to current standards under 40 CFR part 86 and part 1036 would be deemed to comply with the Clean Fuel Fleet standards as Ultra Low-Emission Vehicles. Further, the Clean Fuel Fleet program as adopted included labeling requirements for engine and vehicle manufacturers to identify compliant engines and vehicles, and a restriction against including such engines or vehicles when calculating emission credits. Both provisions would also no longer be applicable because of the earlier mentioned increased stringency of standards for engines and vehicles, and under the compliance option we are proposing. Therefore, we are also proposing to remove these regulations. This will give clear instructions to vehicle and engine manufacturers as well as states that continue to have Clean Fuel Fleet provisions in their State Implementation Plans or become subject to these requirements in the future under CAA sections 182(c)(4)(A) and 246(a).

For states with areas that become subject to the clean-fuel vehicle program requirements in the future based on a new designation as an ozone nonattainment area, the required state implementation plan submission for the program or for a substitute measure is due within 42 months after the effective date of an area's nonattainment designation. The clean-fuel vehicle program requirements apply for ozone nonattainment areas with an initial designation as Serious, Severe, or Extreme. For marginal and moderate ozone nonattainment areas that are reclassified as Serious, Severe, or Extreme, the required state implementation plan submission for the program or for a substitute measure is due on the date specified in the EPA rulemaking finalizing the area's reclassification.

The Clean Fuel Fleet program also depends on vehicle classifications that include Zero Emission Vehicles and Inherently Low-Emission Vehicles. We are therefore preserving these defined terms in 40 CFR part 88. We are proposing to consider as Zero Emission Vehicles all electric vehicles and any vehicle that does not emit NO_X, PM, HC, CO, or formaldehyde (including evaporative emissions). We are proposing to simplify the definition of Inherently Low-Emission Vehicles to mean any certified vehicle that is designed to not vent fuel vapors to the atmosphere.

2. Legacy Nonroad Standards (40 CFR Parts 89 Through 94)

The 1990 amendments to the Clean Air Act authorized EPA to set emission standards for nonroad engines. This led to a series of rulemakings to adopt emission control programs for different nonroad sectors. From 1994 through 1999, EPA adopted these emission control programs in 40 CFR parts 89, 90, 91, 92, and 94 (all part of Subchapter C).

Starting in 2002, EPA adopted emission standards for additional nonroad emission control programs in a new subchapter, which allowed for improved organization and harmonization across sectors. We codified these new standards and related provisions in 40 CFR parts 1048, 1051, 1065, and 1068 (all part of Subchapter U). Since then, we have migrated the “legacy” emission control programs from Subchapter C to Subchapter U. In each case, the migration corresponded to new emission standards and substantially updated compliance and testing provisions. This applies for the following sectors:

As a result of this migration, engine manufacturers have not certified engines under the legacy parts for the last 5-10 years. Removing these legacy parts reduces the cost to the Agency and prevents confusion for readers who think that the provisions still apply.

While EPA's engine certification programs don't rely on these obsolete provisions, the new programs refer to the legacy parts for some specific provisions. For example, the new standard-setting part for each type of engine/equipment allows manufacturers to continue to certify carryover engine families based on test data from procedures specified in the legacy parts. We are not proposing to discontinue further use of carryover data from engines originally certified under the legacy parts. On the other hand, this provision will gradually sunset itself as manufacturers update engine designs and perform new testing for their engine families to meet current standards. Considering California's initiative to disallow carryover for nonroad spark-ignition engines starting in model year 2021, we request comment on taking a more direct approach that would sunset carryover based on testing performed according to the legacy parts.

Another example of relying on the legacy parts in the new regulations is emission credits generated under the legacy parts. In most cases, current programs either disallow using those credits for certification, or they allow it without keeping separate accounts for credits generated under the legacy parts. We are proposing no changes where credits from legacy parts are either unavailable or indistinguishable from currently generated credits. One exception is for land-based nonroad diesel engines certified under 40 CFR parts 89 and 1039. Current provisions in § 1039.740 allow for limited use of Tier 2 and Tier 3 credits from part 89 for certifying Tier 4 engines. However, these constraints are not time-limited. Now that the Tier 4 standards have been in place for several years, we would be interested in simplifying the credit accounting by sunsetting these provisions. We therefore request comment on the extent to which any manufacturers might rely on continued use of Tier 2 or Tier 3 emission credits for certifying their land-based nonroad diesel Tier 4 engines.

We are also aware that other federal and state regulations and compliance programs include numerous references to 40 CFR parts 89 through 94. To address this, we are proposing to replace the full text of regulations in the legacy parts with a paragraph describing the historical scope and purpose for each part. The remaining paragraph also directs readers to the new regulations that apply in Subchapter U, and clarifies how the regulatory requirements transition to the new content. As an example, the statute and regulations prohibit tampering with certified engines throughout an engine's lifetime, even if the original text describing that prohibition no longer resides in its original location in the Code of Federal Regulations.

We are also proposing to capture the emission standards from the legacy parts as reference material in an appendix in the appropriate CFR parts. This allows for readily citing the historical standards in our own emission control programs, and in any other federal or state regulations or compliance materials that depend on citing emission standards that are no longer current for purposes of gaining EPA certification as part of our nonroad emission control program.

In addition to removing references to the legacy parts, we are taking the opportunity to remove additional obsolete content from the newer regulations. Most of these changes were adopted to address temporary concerns as part of transitioning to new standards or other new requirements. We adopted these changes in isolated regulatory sections as “interim provisions.” Most of these interim provisions have been obsolete for several years.^[20]

References to the legacy parts are especially common for stationary engines EPA regulates under 40 CFR part 60, subpart IIII and subpart JJJJ. The emission standards for stationary engines in many cases rely on current or past nonroad emission standards in 40 CFR parts 89, 90, and 94. Including all the iterations of these emission standards as reference material allows us to preserve the existing set of standards and requirements for stationary engines. The proposed regulations include numerous amendments to 40 CFR part 60 to change regulatory cites from the legacy parts to the new regulatory parts in Subchapter U.

Most of the changes for stationary engines in 40 CFR part 60 are intended to update references without changing standards or other provisions. We are proposing two more substantive changes. First, we are proposing to allow manufacturers of emergency stationary compression-ignition internal combustion engines and stationary emergency spark-ignition engines to certify using assigned deterioration factors. Since these emergency engines generally serve in standby status in anticipation of emergency situations, they often have lifetime operation that is much less extensive than non-emergency engines. Assigned deterioration factors would allow manufacturers to demonstrate the durability of emission controls without performing testing that might otherwise exceed the operating life of the engines being certified.

Second, stationary spark-ignition engines are currently subject to emission standards and certification procedures adopted under 40 CFR part 90 for Phase 1 engines. Revising the requirements for these engines to instead rely on the certification procedures in 40 CFR part 1054 requires that we identify the Phase 1 standards as not including the following provisions that apply for Phase 3 engines (as noted in the proposed regulatory text for Appendix I of part 1054):

• The useful life and corresponding deterioration factors.
• Evaporative emission standards.
• Altitude adjustments.
• Warranty assurance provisions in § 1054.120(f).
• Emission-related installation instructions.
• Bonding.

C. Certification Fees (40 CFR Part 1027)

EPA is making several minor changes in 40 CFR part 1027 to update the procedures and align the instructions with current practices. None of these changes involve change or reconsideration of fee policies. We are proposing the following changes:

• Correcting the name of the compliance program.
• Replacing the schedule of fees from 2005 with the fees that apply for applications submitted in 2020.
• Revising the timeline for announcing adjusted fees for the upcoming year from a January 31 deadline to a March 31 deadline. This will allow for a more orderly process of calculating the new fees using the information from the previous year.
• Correcting the equation for non-evaporative certificates to no longer apply the inflation adjustment to operating costs. This corrects a publishing error that mistakenly introduced parentheses in the equation.
• Correcting the internet address for the consumer price index used for inflation adjustments.
• Removing the sample calculation for determining fees for 2006.
• Revising submission and payment instructions to refer only to electronic forms and transactions through www.Pay.gov.
• Clarifying that deficient filings must be resolved before the end of the model year, and that the time limit for requesting refunds applies equally to deficient filings.

D. Additional Amendments for Motor Vehicles and Motor Vehicle Engines (40 CFR Parts 85 and 86)

Motor vehicles and motor vehicle engines are subject to emission standards and certification requirements under 40 CFR part 86. This applies for light-duty vehicles, light-duty trucks, heavy-duty vehicles and engines, and highway motorcycles. There are additional compliance provisions in 40 CFR part 85. We are proposing the following amendments to these provisions:

• Part 85: We are amending the provisions for importation, exemptions, and model year to clarify that they no longer apply for heavy-duty engines. Those engines are already subject to analogous provisions under 40 CFR part 1068. While the two sets of provisions are largely the same, we want to avoid the ambiguity of having overlapping requirements. One aspect of this migration involves discontinuing the provisions that apply for Independent Commercial Importers for heavy-duty engines. No one has used these provisions for several years, and we have no reason to believe anyone will start to use these provisions.
• Part 85: We are making several minor corrections to (1) refer to provisions in 40 CFR part 1068 related to confidential business information and hearing procedures, and (2) clarify organization names and addresses for submitting information.
• Part 85, Subpart O: This subpart set emission standards for 1993 and older model year urban buses undergoing engine rebuilding. We have confirmed with the American Public Transportation Association that there are very few such urban buses still operating, and that none of them will have engine rebuilds. We are therefore proposing to remove this content from the CFR.
• § 85.1902(b)(2): We are clarifying that defect-reporting requirements under paragraph (b)(2) apply for defects related to noncompliance with greenhouse gas emission standards, not criteria emission standards. This corrects an earlier amendment that inadvertently described the provisions as applying to noncompliance with any kind of emission standard. Defects related to criteria emission standards are covered by § 85.1902(b)(1).
• §§ 86.113-04, 86.213, and 86.513: Adding optional reference procedures for measuring aromatic and olefin content of E0 gasoline test fuel. These changes align with the reference procedures for EPA's Tier 3 E10 gasoline test fuel at 40 CFR 1065.710(b). These changes are needed because material limitations prevent laboratories from using the procedures in ASTM D1319. This change also applies for the E0 gasoline test fuel specified in 40 CFR 1065.710(c),
• § 86.129-00: Revising the description of test weight basis to be loaded vehicle weight for all light-duty vehicles and light-duty trucks. This is a correction to align the regulation with current practice.
• § 86.130-96: We are correcting the reference to a testing flowchart that was moved to 40 CFR 1066.801.
• §§ 86.401-97 and 86.413-78: We are removing obsolete sections to prevent confusion.
• §§ 86.419-2006 and 86.427-78: We are revising the table with service accumulation parameters to clarify how to perform testing separately for Class I-A and Class I-B, rather than treating them as a single class.
• §§ 86.435-78 and 86.436-78: We are correcting references to the regulation to clarify that a motorcycle is compliant if measured test results are at or below the standards.
• § 86.531-78: We are adding instruction to seal exhaust system leaks as needed before testing highway motorcycles. The proposed amendment also applies for testing off-highway motorcycles and all-terrain vehicles under 40 CFR part 1051. This same instruction also applies for light-duty vehicle testing under 40 CFR 1066.110(b)(1)(vi).
• Part 86, Subpart P: The idle test procedures for spark-ignition engine and vehicles are no longer needed for certification or other compliance demonstrations. We are therefore proposing to remove this content from the CFR.
• Part 86, Subpart Q: Engine technology has advanced to include internal feedback controls and compensation to allow for operation at a wide range of altitudes. The certification requirements related to altitude adjustments are therefore mostly or completely obsolete. We are proposing a simplified version of the altitude provisions for highway motorcycles at 40 CFR 86.408-78(c) and (d) in case there are some very small motorcycles that require adjustment for altitude. We request comment on the need for these proposed provisions.
• § 86.1803: We are revising the definition for heavy-duty vehicle, with a conforming revision to the definition for light-duty truck, to clarify that the sole regulatory criterion for whether a complete vehicle is a heavy-duty vehicle for purposes of the regulation is whether its gross vehicle weight rating is above 8,500 pounds. The current approach remains unchanged for incomplete vehicles; that is, heavy-duty vehicles also include incomplete vehicles even if their gross vehicle weight rating is at or below 8,500 pounds, if their curb weight is above 6,000 pounds or if their basic vehicle frontal area is greater than 45 square feet. The proposed revisions are intended to (1) prevent light-duty trucks from becoming heavy-duty vehicles in a configuration involving a hybrid powertrain due to the extra weight related to energy storage and (2) avoid an incentive for manufacturers to add vehicle weight or frontal area simply to avoid the standards that apply for light-duty vehicles. In these cases under the current definition, the curb weight or frontal area would artificially increase to the point that the vehicle would qualify as a heavy-duty vehicle, even though it otherwise has the characteristics of a light-duty truck. This same change is not necessary for incomplete vehicles because certifying manufacturers have the option to select the appropriate vehicle classification for those vehicles. Note that the proposed change applies only for future certification; any certified heavy-duty vehicle that would no longer fit the description will not be affected by the amended definition.
• § 86.1810: We are clarifying the certification responsibilities for cases involving secondary vehicle manufacturers that modify a certified vehicle and recertify the modified vehicle to the standards that apply for a new vehicle under 40 CFR part 86, subpart S. Since the original certifying manufacturer accounts for these vehicles in their fleet average calculations for criteria exhaust emissions and evaporative emissions, we believe these secondary vehicle manufacturers should not be required to repeat those fleet average calculations for the affected vehicles. This would depend on the secondary vehicle manufacturer meeting all the same bin standards and family emission limits as specified by the original certifying manufacturer.
• § 86.1811-17: The Federal Register mistakenly published a reference to the Tier 3 p.m. standard. Since we intended for the standard to apply at all times, we are amending the regulation to properly refer to that as the Tier 3 p.m. standard.
• § 86.1813-01: We are clarifying that electric vehicles and fuel cell vehicles are not subject to evaporative and refueling emission standards. The preamble to the final rule adopting the light-duty Tier 3 standards stated that these emission standards apply only for volatile fuels, but we did not include a clear statement excluding electric vehicles and fuel cell vehicles in the regulations (79 FR 23514, April 28, 2014).
• § 86.1818-12: We are clarifying that manufacturers calculate the in-use CO₂ standard using the appropriate test result for carbon-related exhaust emissions after adjustment with the deterioration factor to account for durability effects. In many cases, the deterioration factor is 0 (additive) or 1 (multiplicative), in which case the deterioration factor does not change the calculated in-use CO₂ standard.
• § 86.1838-01: We are restoring text that was inadvertently removed in an earlier amendment. The restored text specifies which mileage provisions from § 86.1845 do not apply for small-volume manufacturers doing in-use verification testing.
• § 86.1868: We are adopting detailed provisions describing how reduced air conditioning test requirements apply for electric vehicles and plug-in hybrid electric vehicles. These provisions are consistent with current practice described in EPA guidance. We are also proposing to specify that plug-in hybrid electric vehicles qualify for relief from AC17 testing, like electric vehicles, if they have an adjusted all electric range of 60 miles or more and they do not need engine power for cabin cooling during vehicle operation represented by the AC17 procedure. This is intended to include vehicles for which an owner can typically expect to avoid using the engine for daily commuting, including commutes on a hot summer day. Finally, we are proposing to clarify that manufacturers do not need to make a demonstration to qualify for air conditioning efficiency credits for pure electric vehicles or for plug-in hybrid electric vehicles, provided that those vehicles qualify for waived AC17 testing as described above. This is due to the complexity of quantifying credit quantities in grams CO₂ per mile for driving without engine power. We are also proposing to specify that AC17 testing with plug-in hybrid electric vehicles, if required, always be done in charge-sustaining mode to avoid the confounding effect of intermittent engine operation during the test.

Highway motorcycles are currently subject to emission standards based on emission measurements using the same duty cycle that applies for cars and trucks. The World Forum for Harmonisation of Vehicle Regulations (known as WP.29) adopted the World Motorcycle Test Cycle (WMTC) with the intent of establishing a single, harmonized test cycle that could be used for meeting emission standards in all countries. All European countries, along with some additional countries in Asia and South America, have adopted the WMTC. California ARB may also pursue regulation to adopt WMTC as part of its emission control program for highway motorcycles. We request comment on adopting the WMTC as a means of certifying highway motorcycles to EPA emission standards. We also request comment on any appropriate adjustment to the exhaust emission standards that apply for highway motorcycles to ensure equivalent stringency for testing with the WMTC.

E. Additional Amendments for Locomotives (40 CFR Part 1033)

EPA is updating 40 CFR part 1033 to remove references to specific content in 40 CFR part 92, as described in Section III.B.2. In addition, we are proposing the following minor corrections and changes:

• § 1033.150: Remove the interim provisions that no longer apply. This leaves paragraph (e) as the only remaining paragraph in this section.
• § 1033.225: Clarify that amending an application for certification applies prospectively. In particular, amending an application does not apply for actions taken previously.
• § 1033.255: Clarify that doing anything to make information false or incomplete after submitting an application for certification is the same as submitting false or incomplete information. For example, if there is a change to any corporate information or engine parameters described in the manufacturer's application for certification, the manufacturer must amend the application to include the new information.
• § 1033.255: Clarify that voiding certificates for a failure to comply with recordkeeping or reporting requirements will be limited to the certificates that relate to the particular recordkeeping or reporting failure.
• § 1033.601: Correct references to specific provisions in 40 CFR part 1068.
• § 1033.701: Correct a paragraph reference.
• § 1033.740: Remove the reference to emission credits from part 92. There is no need for this, since the records related to credit accounting do not identify credits as being from part 92 or part 1033. Any credits generated under part 92 will continue to be available for certifying locomotives under part 1033.
• § 1033.901: Name the date, January 1, 2000, that marked the start of the original locomotive emission standards, rather than describing the date with reference to publication of the original final rule and its effective date (18978 FR 63, April 16, 1998).
• § 1033.925: Removing text in paragraph (e) that is already in paragraph (b) of the same section.

F. Additional Amendments for Land-Based Nonroad Diesel Engines (40 CFR Part 1039)

EPA's emission standards and certification requirements for land-based nonroad compression-ignition (CI) engines are identified in 40 CFR part 1039. We refer to these as Nonroad CI engines. Several changes to 40 CFR part 1039 that apply broadly are described above. Specifically, Section III.B.2 describes how we are removing regulatory content related to the Tier 1, Tier 2, and Tier 3 standards originally adopted in 40 CFR part 89. We are accordingly amending 40 CFR part 1039 to remove references to 40 CFR part 89 that no longer apply.

This section describes additional proposed amendments for EPA's Nonroad CI program:

• § 1039.20: Remove the option to use a branded name instead of the engine manufacturer's corporate name for uncertified stationary engines. Since these engines are not certified, there is no way for EPA to document any relationship between the engine manufacturer and the branded company. We also are not aware of anyone using this provision.
• § 1039.20: Revise the label statement for stationary engines covered by § 1039.20 to avoid references to specific parts of the CFR. This is intended to prevent confusion. We can approve continued use of labels with the older previous statement under the provisions of § 1039.135(f). This may be needed, for example, if manufacturers have remaining labels in their inventory.
• § 1039.101: Add a table entry to clarify how standards apply for engines with maximum engine power above 560 kW. The current rendering in the Code of Federal Regulations can be misleading.
• § 1039.102: Correct the heading of Table 6 to include engines at or below 560 kW. The table was published in a way that inadvertently excluded 560 kW engines.
• § 1039.135: Discontinue the equipment labeling requirement to state that engines must be refueled with ultra low-sulfur diesel fuel (ULSD). Since in-use diesel fuel for these engines must universally meet ULSD requirements, there is no longer a benefit to including this label information.
• § 1039.205: Add text to clarify how engine manufacturers should identify information in the application for certification related to engine diagnostic systems.
• § 1039.225: Clarify that amending an application for certification applies prospectively. In particular, amending an application does not apply for actions taken previously.
• § 1039.255: Clarify that doing anything to make information false or incomplete after submitting an application for certification is the same as submitting false or incomplete information. For example, if there is a change to any corporate information or engine parameters described in the manufacturer's application for certification, the manufacturer must amend the application to include the new information.
• § 1039.255: Clarify that voiding certificates for a failure to comply with recordkeeping or reporting requirements will be limited to the certificates that relate to the particular recordkeeping or reporting failure.
• § 1039.740: Remove the reference to emission credits from part 89. There is no need for this since the records related to credit accounting do not identify credits as being from part 89 or part 1039.
• § 1039.801: Revise the definition of “low-hour” to state that engines at or below 560 kW should qualify as “low-hour” only up to 125 hours, rather than 300 hours. This is intended to ensure that engine's tested to establish the low-hour emission result for an engine family are properly represented as new engines that have not started to experience deterioration of emission controls. This does not preclude continued testing beyond 125 hours, but it would prevent manufacturers from planning test programs that extend well beyond 125 hours. This change aligns with the provisions that already apply for marine diesel engines under 40 CFR part 1042. We request comment on instead specifying the 125-hour threshold only for engines not expected to use NO_X aftertreatment; this would cover engines up to 56 kW under 40 CFR part 1039, and engines up to 600 kW under 40 CFR part 1042.
• § 1039.801: Revise the definition of “small-volume engine manufacturer” to remove the requirement to have certified engines in the United States before 2003. This limitation was related to the transition to meeting the Tier 4 standards. Now that those phase-in provisions have expired, the remaining provisions relate to reporting CH₄ and N₂ O emissions and using assigned deterioration factors. We believe these provisions can reasonably be applied to start-up small businesses meeting the Tier 4 standards.

Finally, in addition to the proposed amendments to 40 CFR part 1039 discussed above, we are requesting comment on the production limits for the alternate FEL provision in 40 CFR 1039.101(d)(2). In particular, we request comment on whether the NO_X FEL cap should be increased.

G. Additional Amendments for Marine Diesel Engines (40 CFR Parts 1042 and 1043)

EPA's emission standards and certification requirements for marine diesel engines under the Clean Air Act are set out in 40 CFR part 1042. Emission standards and related fuel requirements that apply internationally are set out in 40 CFR part 1043.

Several proposed changes to 40 CFR part 1042 that apply more broadly are described above. Specifically, Section III.B.2 describes how we are proposing to remove regulatory content related to the Tier 1 and Tier 2 standards originally adopted in 40 CFR part 94. We are accordingly proposing to amend 40 CFR part 1042 to remove references to 40 CFR part 94 that no longer apply.

This section describes additional proposed amendments for our marine diesel engine program.

1. Marine Replacement Engine Exemption

We are proposing several adjustments to the replacement engine exemption in § 1042.615. First, we are clarifying the regulatory determination that applies for cases involving new replacement engines that are normally subject to Tier 4 standards. In the 2008 final rule to adopt the Tier 4 standards, we finalized a determination “that Tier 4 engines equipped with aftertreatment technology to control either NO_X or PM are not required for use as replacement engines for engines from previous tiers in accordance with this regulatory replacement engine provision.” The preamble to that final rule made it clear that the determination was limited to “Tier 4 marine diesel replacement engines that comply with the Tier 4 standards through the use of catalytic aftertreatment systems.” (73 FR 37157) However, that limitation was not copied into the regulatory text. Recent events, including the certification of some engines to Tier 4 standards without aftertreatment, make it necessary to revise this replacement engine regulation to clarify that EPA originally intended for the determination to apply only in cases where the Tier 4 engine relies on aftertreatment technology, as indicated in the 2008 final rule. The rule also stated that “[s]hould an engine manufacturer develop a Tier 4 compliant engine solution that does not require the use of such technology, then this automatic determination will not apply.”

Second, we propose to modify the requirement that engine manufacturers notify EPA after shipping exempt replacement engines. § 1042.615(a) requires an engine manufacturer to send EPA notification 30 days after shipping an exempt engine to demonstrate that the selected engine was the cleanest available for the given installation. We indicated that “[t]hese records will be used by EPA to evaluate whether engine manufacturers are properly making the feasibility determination and applying the replacement engine provisions.” We also indicated that we expected engine manufacturers to examine “not just engine dimensions and weight but other pertinent vessel characteristics such as drive shafts, reduction gears, cooling systems, exhaust and ventilation systems, and propeller shafts; electrical systems; . . . and such other ancillary systems and vessel equipment that would affect the choice of an engine.” While engine manufacturers have submitted these reports, the information provided has not supported our original objective. Specifically, the reports vary widely in information provided but at the same time are too case-specific. Therefore, we are proposing to require manufacturers to submit a single annual report that is due at the same time as the general requirement for reporting on replacement engines under 40 CFR 1068.240. The annual report would include the information described in our 2008 rule for all the affected engines and vessels. This change would provide a predictable schedule for EPA to review the submitted information. This would also allow EPA to standardize the format and substance of the reported information. Manufacturers would benefit from submitting a consistent set of information in an annual submission for all their replacement engine information.

Third, we are proposing to revise the regulatory instructions for submitting replacement engine reports under § 1042.615. The number of exempt replacement engines would be limited to those that are shipped to boat owners or designated for a specific vessel. Engine manufacturers may produce and ship exempt replacement engines (with per-cylinder displacement up to 7 liters) without making the specified demonstrations, as allowed under 40 CFR 1068.240(c), but manufacturers may produce only a limited number of those “untracked” engines in a given year. Those untracked replacement engines are covered by the reporting requirements that apply under § 1068.240 since the tracked exemption under § 1042.615 and § 1068.240(b) does not allow for shipping engines to distributors without identifying a specific installation and making the necessary demonstrations for that installation. We are proposing to take a streamlined approach for Tier 3 engines since the demonstration for those engines consists of affirming EPA's regulatory determination that no suitable Tier 4 engines (without aftertreatment) are available for replacement. We do not expect engines with per-cylinder engine displacement below 7 liters to be able to meet Tier 4 standards without aftertreatment devices. As a result, Tier 3 replacement engines are limited only in that they may not be used to replace engines that were certified to Tier 4 standards. In this early stage of implementing Tier 4 standards, we expect it to be several years before Tier 4 engines need replacement. On the other hand, the gradual turnover of the fleet will make Tier 4 replacements more common, which may in turn decrease the demand for Tier 3 replacement engines. We request comment on applying this streamlined approach for Tier 3 replacement engines only through 2025 to reflect this expected development.

Finally, we propose to clarify that the determination related to Tier 4 replacement engines applies differently for engines that become new based on vessel modifications. Under the definition of “new vessel” in § 1042.901, modification of an existing vessel may cause the vessel to become “new” if the vessel modifications cause the vessel's assessed value to at least double. In this case, all engines installed on the vessel are subject to standards for the model year based on the date of vessel modifications. Since the effective dates of the Tier 4 standards, we have learned that there may be circumstances in which vessel modifications may be substantial enough to qualify a vessel as “new,” but the installation of new Tier 4 engines may not be practical or feasible without cost-prohibitive additional vessel modifications. For example, a vessel owner may want to make a substantial upgrade to an older vessel, including engine replacement with a much lower-emitting engine. If the upgrade doubles the assessed value of the vessel, this would trigger a need for all installed or replacement engines above 600 kW to be certified to Tier 4 standards. We have learned that such a project may become cost-prohibitive based on the additional vessel modifications needed to accommodate the Tier 4 engine, which could cause the vessel to continue operating in the higher-emitting configuration. To address this scenario, we are proposing to allow the replacement engine exemption for certain vessels that become new because of modifications, subject to a set of conditions. Specifically, the exemption would apply only with EPA's advance approval based on a demonstration that the installation of a Tier 4 engine would require significant vessel redesign that is infeasible or impractical. EPA's assessment may account for the extent of the modifications already planned for the project. EPA may approve installation of Tier 3 engines instead of Tier 4 engines for qualifying vessels. Recreational engines and commercial engines below 600 kW are not subject to Tier 4 standards. As a result, if a vessel becomes new through modification, it should be reasonable to expect such new engines to be certified to Tier 3 standards rather than being eligible for the replacement engine exemption.

Vessel modifications may also involve Category 3 engines, which are subject to Tier 3 standards. Because these engines and vessels are so large, we believe the exemption provisions described above for vessels that become new as a result of modifications are not needed to accommodate Tier 2 standards instead of Tier 3 standards. However, we request comment on applying the exemption provisions for this circumstance as described above for Category 1 and Category 2 engines.

We request comment on all aspects of the proposed amendments to the replacement engine exemption for marine diesel engines.

2. Provisions Related to On-Off Controls for Marine Engines

EPA adopted the current set of emissions standards for Category 3 marine diesel engines in 2010 (75 FR 22932; April 30, 2010). The Tier 3 standards include provisions allowing engine manufacturers to design their engines with control systems that allow an engine to meet the Tier 3 standards while operating in U.S. waters, including the North American Emission Control Area and the U.S. Caribbean Sea Emission Control Area (ECAs), and the less stringent Tier 2 standards while operating outside of U.S. waters. We refer to this design strategy as “on-off control.” These provisions reflect the geographic nature of the NO_X engine standards contained in Regulation 13, MARPOL Annex VI.

Engine manufacturers have raised questions about the meaning of the regulatory provision at § 1042.101 that requires Category 3 engines to “comply fully with the Tier 2 standards when the Tier 3 emission controls are disabled.” This was intended to incorporate the “on-off controls” allowed under MARPOL Annex VI for the IMO Tier III NO_X limits. The HC and CO standards for Category 3 engines apply equally for EPA's Tier 2 and Tier 3 standards adopted under the Clean Air Act, so there should be no question that those standards apply even if NO_X controls are disabled. While 40 CFR 1042.104 includes a PM requirement, it is a reporting requirement only. The only other “standard” for Category 3 engines in 40 CFR part 1042 is the requirement related to mode caps in § 1042.104(c). The mode caps serve as separate emission standards for each test point in the duty cycle used for certifying the engines. The 2010 final rule describes how the mode caps are necessary for proper implementation of the Tier 3 standards for SCR-equipped engines (75 FR 22932). Since Category 3 engines with SCR systems would generally comply with the Tier 2 NO_X standard in the “disabled” configuration without SCR, we believe there would be no benefit to applying the mode caps as a part of the Tier 2 configuration for these Tier 3 engines with on-off controls. We are therefore proposing to clarify that the mode caps are associated only with the Tier 3 NO_X standards. This approach is consistent with the on-off control provisions adopted under MARPOL Annex VI.

The regulation also allows for on-off controls for NO_X for auxiliary engines used on vessels powered by Category 3 engines. More broadly, § 1402.650(d) allows those engines to be certified to MARPOL Annex VI standards instead of being certified to EPA's emission standards under 40 CFR part 1042. The regulation as originally written describes how these engines must comply with EPA's Tier 3 and Tier 4 standards in the same way that Category 3 engines must comply with EPA's Tier 2 and Tier 3 standards. However, since auxiliary engines installed on Category 3 vessels are certified to MARPOL Annex VI standards instead of EPA's emission standards, the regulation should describe how these auxiliary engines must meet the IMO Tier II and IMO Tier III NO_X standards to comply with the on-off control provisions under § 1042.115(g). These requirements related to the EIAPP certificates for engines with on-off controls are addressed under MARPOL Annex VI and 40 CFR part 1043.

3. Miscellaneous Marine Diesel Amendments

EPA is proposing to make several additional changes across 40 CFR part 1042 to correct errors, to add clarification, and to make adjustments based on lessons learned from implementing these regulatory provisions. Specifically, EPA is proposing the following:

• § 1042.101: Revise the instruction for specifying a longer useful life. The regulation as originally adopted states that engine design, advertising, and marketing may equally serve as the basis for establishing a longer useful life. We would not expect manufacturers to specify a longer useful life based only on advertising and marketing claims. The proposed amendment emphasizes that design life is the basis for specifying a longer useful life, with the further explanation that the recommended overhaul interval can be understood, together with advertising and marketing materials and other relevant factors, to properly represent an engine's design life.
• § 1042.101: The Federal Register mistakenly published references to Tier 3 PM standards and Tier 4 PM standards. Since we intended for those standards to apply at all times, we are amending the regulation to properly refer to those as Tier 3 PM standards and Tier 4 PM standards.
• § 1042.115: Revise the provision related to on-off controls to clarify that we have designated NO_X Emission Control Areas (ECAs) for U.S. waters. We no longer need to reference a possible future ECA. We propose to use the U.S. ECA boundaries to establish the area in which engines with on-off controls for aftertreatment-based standards need to be fully operational.
• § 1042.125: Add maintenance requirements for fuel-water separator cartridges or elements as an additional example of maintenance that is not emission-related. This aligns with the maintenance specifications for land-based nonroad diesel engines in 40 CFR part 1039.
• § 1042.135: Revise the labeling instruction for engines installed in domestic-only vessels to clarify that it applies only for engines above 130 kW, and that it applies equally for commercial and recreational vessels. These changes both align the EPA regulations to more closely align with the international standards under MARPOL Annex VI.
• § 1042.145: Add a provision allowing more flexible marine installation of engines meeting standards for land-based nonroad manufacturers. The regulation as originally drafted allows manufacturers to install certified land-based nonroad engines in marine vessels. This is straightforward for recreational engines and for engines at or above 600 kW because the emission standards from the two programs are nearly identical. Commercial marine engines below 600 kW are subject to Tier 3 standards, while the comparable land-based nonroad engines are subject to more stringent Tier 4 standards. This makes the intended flexibility provision impractical for these engines. We are proposing to address that by allowing manufacturers to use the flexibility for land-based nonroad engines that were certified to the Tier 3 emission standards in an earlier model year. Note that land-based nonroad engines below 37 kW and above 560 kW were never subject to Tier 3 emission standards, so this proposed provision would not apply to them. Those land-based nonroad engines were subject to Tier 2 standards, which are substantially less stringent than the marine Tier 3 standards for NO_X + HC or PM (or both). The detailed compliance provisions for these engines are described in 40 CFR 1068.265.
• § 1042.225: Clarify that amending an application for certification applies prospectively. In particular, amending an application does not apply for actions taken previously.
• § 1042.255: Clarify that doing anything to make information false or incomplete after submitting an application for certification is the same as submitting false or incomplete information. For example, if there is a change to any corporate information or engine parameters described in the manufacturer's application for certification, the manufacturer must amend the application to include the new information.
• § 1042.255: Clarify that voiding certificates for a failure to comply with recordkeeping or reporting requirements will be limited to the certificates that relate to the particular recordkeeping or reporting failure.
• § 1042.302: For emission testing during sea trials for Category 3 engines with on-off controls, allow manufacturers the flexibility to omit testing in Tier 2 mode if they do not need aftertreatment to meet the Tier 2 standards. We are most interested in compliance with the Tier 3 standards, since those controls are active anytime vessels are operating within ECA boundaries. System design and calibration with aftertreatment involves greater uncertainty than engines that comply using only in-cylinder controls. As a result, we believe the compliance demonstration for Tier 2 mode adds value only if it involves aftertreatment.
• § 1042.650: Revise the introductory text to clarify that paragraphs (a) through (c) continue to apply only for Category 1 and Category 2 engines, and that the provisions related to auxiliary engines on Category 3 vessels in paragraph (d) apply equally for Category 3 auxiliary engines. By adding paragraph (d) with limitation described in the section's introductory text, we inadvertently excluded Category 3 auxiliary engines.
• § 1042.655: Clarify that measuring engine-out emissions for engines that use exhaust aftertreatment must account for the backpressure and other effects associated with the aftertreatment devices. While improving the alignment between measured results and modeled results, this change also has the effect of removing the expectation that engine-out (pre-catalyst) emissions must meet Tier 2 standards; this is intended to address the case in which an engine may meet the Tier 2 standards with a different SCR dosing strategy rather than by completely disabling the SCR system.
• § 1042.701: Remove the reference to emission credits from part 94. This reference is not needed since the records related to credit accounting do not identify credits as being from part 94 or part 1042.
• § 1042.801: Remove the requirement to register fuels used to certify remanufacturing systems. EPA does not register fuels such as natural gas or liquefied petroleum gas, so it is not appropriate to impose such a registration requirement. The requirement continues to apply for remanufacturing systems that are based on diesel fuel additives.
• § 1043.41: Clarify that engine manufacturers may continue to produce new engines under an established EIAPP certificate after a change in emission standards for purposes other than installation in a new vessel. For example, manufacturers may need to produce engines certified to IMO Tier II NO_X standards after 2016 for installation as replacement engines in vessels built before 2016.
• § 1042.910 and § 1043.100: Incorporate by reference the 2017 edition of MARPOL Annex VI and the NOx Technical Code, dated 2017, which contains all amendments through 2016.

Engine manufacturers have been testing production engines as described in 40 CFR part 1042. This generally involves testing up to 1 percent of production engines for engine families with production volumes greater than 100 engines. We adopted these testing provisions with the expectation that most families would have production volumes greater than 100 engines per year. It turns out that there are a few families with production volumes substantially greater than 100 engines per year, but many families qualify as small-volume families that are not subject to production-line testing requirements. As a result, manufacturers test several engines in large engine families, but many engine families have no production-line testing at all.

The biggest benefit of production-line testing for this sector is to confirm that engine manufacturers can go beyond the prototype engine build for certification and move to building compliant engines in a production environment. From this perspective, the first test is of most value, with additional tests adding assurance of proper quality control procedures for ongoing production. We are considering whether to revise the production-line testing regimen for marine diesel engines to reflect this basic objective. Toward that end, we would consider amending the regulation to require no more than one test per family. An engine test from a prior year would count as a sufficient demonstration as long as the manufacturer certifies the engine family using carryover emission data. At the same time, we would remove the testing exemption for small businesses and small-volume engine families. We believe this would result in a more effective program with no increase in overall testing.

We have prepared a memorandum to spell out a possible approach for a revised production-line testing protocol.^[21] We request comment on amending the production-line testing program to require broader testing at lower sampling rates.

H. Portable Fuel Containers (40 CFR Part 59)

EPA's emission standards and certification requirements for portable fuel containers are described in 40 CFR part 59. Section III.A describes a proposed amendment related to test fuel specifications. In addition, we are proposing the following amendments:

• § 59.626: Correct the reference to additional testing to recognize that the manufacturer may need to test multiple containers.
• § 59.628: Align recordkeeping specifications with the provisions that apply for nonroad engines and equipment. This removes the ambiguity from applying specifications differently for different types of testing information. As noted in Section III.J, now that test records are stored electronically, there is no reason to differentiate testing information into routine and non-routine records.
• § 59.650: Revise the blending instruction to specify a lower level of precision; specifying a range of 10.0 ± 1.0 percent, which is consistent with the approach we take in 40 CFR 1060.515 and 1060.520.
• § 59.653: Correct the pressure specification for durability testing. The amendment adjusts the kPa value to match the psi value in the regulation. This aligns with the pressure testing specified for nonroad fuel tanks.
• § 59.653: Clarify that the fuel fill level needs to stay at 40 percent full throughout slosh testing. The container should be closed for the duration of the test, so this clarification is mainly intended to ensure that the fuel tank does not leak during the test.
• § 59.660: Revise the test exemption to clarify that anyone subject to regulatory prohibitions may ask for a testing exemption.
• § 59.664: Correct the web address for U.S. Department of Treasury Circular 570.
• § 59.680: Clarify how the definition of “portable fuel container” applies for different colors. The regulatory text states that red, yellow, and blue utility jugs qualify as portable fuel containers regardless of any contrary labeling or marketing. This is intended to prevent circumvention of emission standards with containers that would be commonly recognized as portable fuel containers. Containers that are not red, yellow, or blue qualify as fuel containers if they meet the criteria described in the definition. The amendment to clarify this point does not represent a change in policy. For example, anyone who sold uncertified purple portable fuel containers that were subject to standards may be in violation of the prohibitions in 40 CFR 59.602.

I. Evaporative Emission Standards for Nonroad Spark-Ignition Engines and Equipment (40 CFR Part 1060)

EPA adopted evaporative emission standards and test procedures in 40 CFR part 1060. Section III.A describes proposed amendments related to test fuel specifications. EPA is also proposing numerous changes across 40 CFR part 1060 to correct errors, to add clarification, and to make adjustments based on lessons learned from implementing these regulatory provisions. This includes the following changes:

• §§ 1060.1 and 1060.801: Clarify how standards apply for portable nonroad fuel tanks.
• §§ 1060.30 and 1060.825: Consolidate information-collection provisions into a single section.
• § 1060.104: Clarify that any approval from California ARB is sufficient for demonstrating compliance with running loss standards, rather than limiting this to approved Executive Orders.
• § 1060.105: Clarify the requirement for tanks to be sealed to recognize the exception allowed under the regulation.
• §§ 1060.105 and 1060.240: Allow manufacturers more generally to exercise the alternative of using procedures adopted by California ARB. This is necessary to allow testing with the E10 test fuel adopted by California ARB after the 2004 version of its regulation that is currently referenced in the Code of Federal Regulations.
• § 1060.120: Clarify that the emission-related warranty period starts on the date that the ultimate purchaser buys the certified product. We also don't want to prohibit manufacturers from including components in the warranty if they fail without increasing evaporative emissions. These changes align with similar amendments in our other programs.
• § 1060.130: Clarify how manufacturers must identify limitations on the types of equipment covered by the application for certification, especially for fuel caps. We allow equipment manufacturers to certify their equipment using widely varying approaches for fuel caps. The equipment manufacturer's certification and testing method needs to be reflected in their instructions for anyone completing assembly of equipment from that equipment manufacturer.
• § 1060.135: Clarify how the equipment labeling provisions apply for engine manufacturers, and clarify that manufacturers need to apply labels at the time of manufacture. In many cases, the labeling is integral to the production process, such as for molded fuel tanks.
• § 1060.135: Allow for permanently identifying the date of manufacture somewhere other than the emission control information label using any method (not only stamping or engraving), and require that the manufacturer describe in the application for certification where the equipment identifies the date of manufacture.
• § 1060.135: Simplify the equipment labeling options to align with the prevailing practice. The alternative approaches have been confusing for manufacturers, who have all selected the option of identifying family names rather than component codes.
• § 1060.137: Clarify when and how to label fuel caps. This depends only on whether the fuel cap is certified, not on whether the fuel cap is mounted directly on the fuel tank. It is also important to include the part number on the fuel cap if the equipment is designed with a pressurized fuel tank.
• § 1060.205: Replace the requirement to submit data from invalid tests with a requirement to simply notify EPA in the application for certification if a test was invalidated.
• § 1060.225: Clarify that amending an application for certification applies prospectively. In particular, amending an application does not apply for actions taken previously.
• § 1060.225: Clarify how manufacturers may amend the application for certification during and after the model year, consistent with the current policy regarding field fixes.
• § 1060.235: Clarify that we can direct manufacturers to send test products to EPA for confirmatory testing, or to a different lab that we specify.
• § 1060.235: Add an explicit allowance for carryover engine families to include the same kind of within-family running changes that are currently allowed over the course of a model year. The original text may have been understood to require that such running changes be made separate from certifying the engine family for the new model year.
• § 1060.250: Remove references to routine and standard tests, and remove the shorter recordkeeping requirement for routine data (or data from routine tests). We are proposing that all test records must be kept for eight years. With electronic recording of test data, there should be no advantage to keeping the shorter recordkeeping requirement for a subset of test data. EPA also notes that the eight-year period restarts with certification for a new model year if the manufacturer uses carryover data.
• § 1060.255: Clarify that doing anything to make information false or incomplete after submitting an application for certification is the same as submitting false or incomplete information. For example, if there is a change to any corporate information or parameters described in the manufacturer's application for certification, the manufacturer must amend the application to include the new information.
• § 1060.255: Clarify that voiding certificates for a failure to comply with recordkeeping or reporting requirements will be limited to the certificates that relate to the particular recordkeeping or reporting failure.
• § 1060.505: Revise the provision describing alternative test procedures to align with parallel text in 40 CFR 1065.10(c). It is important to note that approved alternative procedures increase flexibility for certifying manufacturers without limiting available methods for EPA testing.
• § 1060.520: For slosh testing and for the preconditioning fuel soak, specify that the fuel fill level should not decrease during testing, other than what would occur from permeation and from any appropriate testing steps to perform durability tests during the preconditioning fuel soak. We also specify that leaking fuel tanks are never suitable for testing, even if there is a potential to repair the leak.
• § 1060.601: Remove the reference to fuel caps since there is no need for a separate description about how the regulatory prohibitions apply for fuel caps. As noted in § 1061.1(c), fuel cap manufacturers that choose to certify their fuel caps under 40 CFR part 60 become subject to all the requirements associated with certification.
• § 1060.610: Adopt provisions clarifying how manufacturers can ship products that are not yet certified if that is needed for completing assembly at multiple locations, including shipment between companies and shipment between two facilities from a single company. These provisions are analogous to the provisions that apply for engines in 40 CFR 1068.260.
• § 1060.640: Migrate engine branding to 40 CFR 1068.45.
• § 1060.801: Update the contact information for the Designated Compliance Officer.
• § 1060.801: Revise the definition of “model year” to clarify that the calendar year relates to the time that engines are produced under a certificate of conformity.
• § 1060.801: Revise the definition of “placed into service” to prevent circumvention that may result from a manufacturer or dealer using a piece of equipment in a way that could otherwise cause it to no longer be new and subject to the prohibitions of 40 CFR 1068.101.
• § 1060.81: Correct the web address for the American Boat and Yacht Council.
• § 1060.815: Migrate provisions related to confidential business information to 40 CFR part 1068.

J. Additional Amendments for Nonroad Spark-Ignition Engines at or Below 19 kW (40 CFR Part 1054)

EPA's emission standards and certification requirements for nonroad spark-ignition engines at or below 19 kW are described in 40 CFR part 1054. EPA is proposing numerous changes across 40 CFR part 1054 to correct errors, to add clarification, and to make adjustments based on lessons learned from implementing these regulatory provisions. This includes the following changes:

• § 1054.1: Clarify that the provision allowing for voluntary certification under 40 CFR part 1054 for larger engines applies only for engines up to 30 kW and up to 1,000 cubic centimeters.
• § 1054.2: Add a clarifying note to say that a person or other entity other than a conventional “manufacturer” may need to certify engines that become new after being placed into service (such as engines converted from highway or stationary use). This is intended to address an assumption that only conventional manufacturers can certify engines.
• §§ 1054.30, 1054.730, and 1054.825: Consolidate information-collection provisions into a single section.
• § 1054.120: Clarify that extended-warranty requirements apply for the emission-related warranty only to the extent that warranties are actually provided to the consumer, rather than to any published warranties that are offered. The principles are that the emission-related warranty should not be less effective for emission-related items than for items that are not emission-related, and that the emission-related warranty for a given component should not be less effective than the basic mechanical warranty for that same component.
• § 1054.125: Allow for special maintenance procedures that address low-use engines. For example, operators in certain circumstances may perform engine maintenance after a smaller number of hours than would otherwise apply.
• § 1054.130: Remove references to “nonroad” equipment to accommodate regulations for stationary engines in 40 CFR part 60, subpart JJJJ, that rely on these same provisions.
• § 1054.135: Allow for including optional label content only if this does not cause the manufacturer to omit other information based on limited availability of space on the label.
• § 1054.145: Remove obsolete content. Most of the provisions in this section were needed only for the transition to the Phase 3 standards. We are also clarifying that the provision that allows for testing with California Phase 2 test fuel applies only through model year 2019. California ARB requires testing with its Phase 3 test fuel starting in model year 2020.
• § 1054.205: Replace the requirement to submit data from invalid tests with a requirement to simply notify EPA in the application for certification if a test was invalidated.
• § 1054.205: Specify that the application for certification needs to include estimated initial and final dates for producing engines for the model year, and an estimated date for the initial introduction into U.S. commerce. This information helps with managing information in the application, and overseeing testing and other compliance requirements. This amendment aligns with current practice.
• § 1054.225: Clarify that amending an application for certification applies prospectively. In particular, amending an application does not apply for actions taken previously.
• § 1054.225: Simplify the instruction on changing the Family Emission Limit during the model year to specify that the manufacturer must identify the date of the change based only on the month and year. This change aligns with current practice for amending applications for certification.
• § 1054.225: Clarify how manufacturers may amend the application for certification during and after the model year, consistent with the current policy regarding field fixes.
• § 1054.235: Clarify that air-fuel ratio and other adjustable parameters are part of the selection of a worst-case test configuration for emission-data engines. If an engine has rich and lean settings, the manufacturer should determine which is the worst-case setting for emission measurements to determine deterioration factors. In particular, it is not appropriate to combine results from different settings to calculate any kind of average or composite value. Service accumulation between emission measurements may include any representative combination of those settings.
• § 1054.235: Add an explicit allowance for carryover engine families to include the same kind of within-family running changes that are currently allowed over the course of a model year. The original text may have been understood to require that such running changes be made separate from certifying the engine family for the new model year.
• § 1054.235: Clarify how EPA will calibrate engines within normal production tolerances for things that are not adjustable parameters.
• §§ 1054.235, 1054.240, 1054.245, 1054.601, and 1054.801: Describe how to demonstrate compliance with dual-fuel and flexible-fuel engines. This generally involves testing with each separate fuel, or with a worst-case fuel blend.
• § 1054.240: Clarify that each measurement from emission-data vehicles must meet emission standards.
• § 1054.245: Clarify the basis for EPA approval for using deterioration factors from other engines. EPA approval depends on the manufacturer demonstrating that emission measurements reasonably represent in-use deterioration for the engine family being certified. This copies in regulatory text that already applies under other EPA programs.
• § 1054.245: Copy in the values and formulas used for assigned deterioration factors for handheld and nonhandheld engines. This includes a minor correction to the equation from 40 CFR 90.104(g) and a new description about combining deterioration factors for HC and NO_X, but otherwise maintains the current policy and practice for these deterioration factors.
• § 1054.250: Remove references to routine and standard tests, and remove the shorter recordkeeping requirement for routine data (or data from routine tests). We are proposing that all test records must be kept for eight years. With electronic recording of test data, there should be no advantage to keeping the shorter recordkeeping requirement for a subset of test data. EPA also notes that the eight-year period restarts with certification for a new model year if the manufacturer uses carryover data.
• § 1054.255: Clarify that doing anything to make information false or incomplete after submitting an application for certification is the same as submitting false or incomplete information. For example, if there is a change to any corporate information or engine parameters described in the manufacturer's application for certification, the manufacturer must amend the application to include the new information.
• § 1054.255: Clarify that voiding certificates for a failure to comply with recordkeeping or reporting requirements will be limited to the certificates that relate to the particular recordkeeping or reporting failure .
• § 1054.301: Clarify the process for requesting a small-volume exemption from production-line testing. This is better handled as preliminary approval under § 1054.210 rather than including it as part of the application for certification.
• § 1054.310: Provide an example to illustrate how manufacturers may need to divide a year into four quarters if the production period is longer (or shorter) than 52 weeks.
• § 1054.315: Clarify that results from repeat tests can be averaged together, provided that the engine is not modified during the test program. This applies for engine modifications to switch to a different engine configuration or to improve emission control for a given engine configuration.
• §§ 1054.315 and 1054.320: Clarify how to manage test results for engines that fail an emission standard. Manufacturers must use the PLT test result from a failing engine regardless of the disposition of the failing engine. Manufacturers report test results after modifying a failing engine to show that it can be covered by the certificate of conformity, but manufacturers may factor these test results into PLT calculations only if the manufacturer changes production processes for all further engines to match the adjustments made to the failing engine. In that case, the test results from the modified engine count as a new test engine for the PLT calculations, rather than replacing the results from the engine before modifications. These regulatory changes codify the practice we have already established by guidance.^[22]

• § 1054.505: Clarify the instructions for controlling torque at non-idle test modes, and for demonstrating compliance with cycle-validation criteria. The revised language more carefully describes the current practice for testing engines.
• § 1054.620: Clarify that provisions apply for any kind of competition, not just racing.
• §§ 1054.625 and 1054.626: Remove obsolete text.
• § 1054.640: Migrate engine branding provisions to § 1068.45.
• § 1054.690: Correct the web address for U.S. Department of Treasury Circular 570, and clarify how an automatic suspension of a certificate of conformity applies for certain numbers of engines, and how U.S. Customs incorporates the bonding requirements into its entry procedures.
• § 1054.701: Change terminology for counting engines from “intended for sale in the United States” to “U.S.-direction production volume.” This conforms to the usual approach for calculating emission credits for nonroad engines.
• § 1054.710: Clarify that it is not permissible to show a proper balance of credits for a given model by using emission credits from a future model year.
• § 1054.730: Clarify terminology for ABT reports.
• § 1054.740: Remove obsolete content.
• § 1054.801: Update the contact information for the Designated Compliance Officer.
• § 1054.801: Remove the note from the definition of “handheld” describing which standards apply for various types of equipment. The note does not cover all the provisions that apply, which has led to more confusion than clarity.
• § 1054.801: Revise the definition of “model year” to clarify that the calendar year relates to the time that engines are produced under a certificate of conformity.
• § 1054.801: Revise the definition of “new nonroad engine” to clarify that imported engines become new based on the original date of manufacture, rather than the original model year. This clarification is necessary because 40 CFR 1068.360 requires redesignation of an imported engine's model year in certain circumstances.
• § 1054.801: Revise the definition of “placed into service” to prevent circumvention that may result from a manufacturer or dealer using a piece of equipment in a way that could otherwise cause it to no longer be new and subject to the prohibitions of 40 CFR 1068.101.
• § 1054.801: Revise the definition of “small-volume equipment manufacturer” to state that the volume limits apply for all calendar years, not just 2007 through 2009. We no longer use this definition for limiting the scope of transition or phase-in provisions. The provisions for reduced production-line testing, assigned deterioration factors, and reduced bonding burdens should apply without regard to the specific years identified in the original regulation adopting the Phase 3 standards.
• § 1054.815: Migrate provisions related to confidential business information to 40 CFR part 1068.

K. Amendments for General Compliance Provisions (40 CFR part 1068)

We are proposing a minor change to the replacement engine exemption in § 1068.240 to clarify how manufacturers qualify exempted engines under the tracked option in § 1068.240(b). Engine manufacturers may produce any number of exempt replacement engines if they meet all the specified requirements and conditions. To account for the timing of making the necessary demonstrations, the regulation specifies that engines must be designated as either tracked or untracked by September 30 following each production year, which coincides with the reporting requirement to document the number of exempt replacement engines each manufacturer produces. The regulation as adopted specifies that manufacturers must meet “all the requirements and conditions that apply under paragraph (b)* * * .”

Manufacturers have raised a question about how this applies for the prohibition in § 1068.240(b)(3) against returning the old engine into U.S. commerce unless the engine is covered by a certificate or an exemption, as if the engine were new. We note that § 1068.32(a)(3) describes how regulatory terminology treats prohibitions and requirements as different types of provisions. As a result, we are proposing to modify the regulation to clarify that the requirements and conditions manufacturers must meet by September 30 to qualify under the tracked option are those “requirements and conditions” specified in § 1068.240(b)(2). The provisions of § 1068.240(b)(3) related to the disposition of the old engine continue to apply, but those provisions are not subject to the September 30 deadline.

Note that marine diesel engines are subject to § 1042.615 instead of the requirements and conditions of § 1068.240(b)(2). As a result, manufacturers qualify marine diesel engines under the tracked option by meeting the analogous requirements and conditions specified in § 1042.615(a)(2) by September 30 following each production year.

Manufacturers have additionally expressed concerns about complying with the limit of producing only 0.5 percent of their production volume for specified sizes and types of engines under the untracked option. The challenge in part comes from complying with the limit as a percentage, since the allowed number of untracked replacement engines is unknown until the manufacturer establishes its total production volume for the year. In addition, untracked replacement engines are generally supplied to distributors in anticipation of engine failures, which might occur at very irregular intervals. We request comment on adjusting the terms of the untracked option for exempt replacement engines. Such an adjustment could take the form of (1) a greater percentage (perhaps only for large-displacement engines with low production volumes), (2) revised groupings for different sizes and types of engines, or (3) demonstrating compliance with the production limit over a multi-year period. Any comments supporting amended provisions should specify any recommended changes in detail and justify the need for those changes. Comments should also address concerns that any broadening of the terms of the exemption could have substantial air quality impacts by delaying the anticipated transition to engines meeting current standards.

We are also proposing to add a definition for “element of design.” We use this expression to define terms such as “auxiliary emission control device,” “emission control system,” and “adjustable parameters.” The proposed definition is based on earlier versions of the definition for the same term in other programs.

We request comment on the administrative requirements associated with testing exemptions pursuant to 40 CFR 1068.210. In particular, we request comment on whether or not to revise the two-year period specified for the exemption. Should we allow for longer durations without requiring another request?

L. Other Requests for Comment

EPA welcomes comments on the need for other technical corrections and clarifications. Readers are reminded to review public comments placed in the docket, which may contain requests for other corrections and clarifications. In addition, we request comment on the following broadly applicable topics.

1. End-of-Year Reports

Averaging, banking, and trading (ABT) of emission credits is addressed separately in individual standard-setting parts. The standard-setting parts generally require manufacturers using ABT to submit two reports: an “end-of-year” report due 90 days after the end of the model year, and a “final report” due 270 days after the end of the model year. EPA uses this approach because we need to determine compliance as close to the end of the model year as possible, but manufacturers are often unable to verify their information within the 90 days, so they need additional time before submitting their final reports. We request comment on potential revisions to this approach such as:

• Eliminating the 90-day report for manufacturers who have established a history of full compliance with the applicable ABT regulations.
• Replacing the two-report approach with a single 180-day report.

We recognize that different approaches may be appropriate for different industries; thus, commenters are encouraged to consider revisions separately by sector. Commenters supporting reducing the reporting requirements are also encouraged to include estimates of potential cost savings.

2. Other Data Reporting

We request comment on the potential for further streamlining data reporting requirements. For example:

• Do the regulations include redundant reporting requirements?
• Have certain older reporting requirements ceased to be of value?

3. Engines Used in Hazardous Locations

Manufacturers of diesel engines and equipment are sometimes subject to other federal regulations in addition to EPA emission standards. Diesel engine manufacturers have shared with EPA information regarding requirements from the Occupational Safety and Health Administration and the U.S. Coast Guard regarding regulations for engines operating in hazardous locations. The diesel engine industry has requested that EPA modify the EPA emission regulations to exempt engines used in hazardous locations from the EPA Tier 4 emission standards for nonroad land-based diesel engines and the EPA Tier 4 marine diesel standards, so that such engines are subject to the less stringent EPA Tier 3 emission standards for these categories of diesel engines. They have indicated that EPA should consider this change because they believe that it would be cost-prohibitive for them to qualify diesel engines meeting EPA's Tier 4 standards to these other rules. The concern applies for engines and equipment operating in Class I hazardous locations as identified in 29 CFR part 1910 or 46 CFR part 111. These hazardous locations generally include land-based and marine oil-extraction facilities and paper manufacturing facilities. These regulations require that manufacturers modify engines and equipment, for example, by limiting maximum surface temperatures to 200 °C or less.

EPA does not have sufficient information to evaluate this request at this time. Therefore, we request that commenters with relevant information address the following aspects of this issue:

• Information on the annual production of new engines and equipment that have been sold in the past several years that are designed to be used in Class I hazardous locations, and any projections regarding future needs on an annual basis.
• The cost of producing fully compliant engines that could be used in affected hazardous locations that are compliant with EPA's Tier 3 standards and EPA's Tier 4 standards.
• The typical equipment applications the engines are used in and the price of the equipment.
• The typical usage rates for these engines (hours per day or hours per year), by equipment application (if possible).
• Information regarding the past and likely future market response in the absence of additional flexibility for these engines (manufacturers have already been subject to Tier 4 standards for 2-4 years, after accounting for flexibility provisions to phase in the new standards).

Overcompliance Options

The locomotive regulations at 40 CFR 1033.101(l) include a provision allowing manufacturers to voluntary certify to a more stringent tier of standards or additional requirements. That provision states that “once the locomotives become subject to the additional standards, they remain subject to those standards for the remainder of their service lives.” Manufacturers have recently noted the value of provisions allowing them to voluntarily comply with more stringent standards.^[23] Therefore, we request comment on whether or not similar provisions should be adopted for other sectors addressed in this proposal.

IV. Statutory Authority and Executive Order Reviews

Additional information about these statutes and Executive Orders can be found at http://www2.epa.gov/​laws-regulations/​laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review

This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget (OMB) for review.

B. Executive Order 13771: Reducing Regulations and Controlling Regulatory Costs

This action is not an Executive Order 13771 regulatory action because this action is not significant under Executive Order 12866.

C. Paperwork Reduction Act (PRA)

This action does not impose any new information collection burden under the PRA. OMB has previously approved the information collection activities contained in the existing regulations and has assigned OMB control numbers 2060-0104, 2060-0287, 2060-0338, 2060-0545, 2060-0641. This rule clarifies and simplifies procedures without affecting information collection requirements.

D. Regulatory Flexibility Act (RFA)

I certify that this action would not have a significant economic impact on a substantial number of small entities under the RFA. In making this determination, the impact of concern is any significant adverse economic impact on small entities. An agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the rule relieves regulatory burden, has no net burden or otherwise has a positive economic effect on the small entities subject to the rule. This proposed action is designed to reduce testing burdens, increase compliance flexibility, and make various corrections and adjustments to compliance provisions. We therefore anticipate no costs and no regulatory burden associated with this proposed rule. We have concluded that this proposed action will have no significant increase in regulatory burden for directly regulated small entities.

E. Unfunded Mandates Reform Act (UMRA)

This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. The proposed action imposes no enforceable duty on any state, local or tribal governments. Requirements for the private sector do not exceed $100 million in any one year.

F. Executive Order 13132: Federalism

This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government.

G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments

This action does not have tribal implications as specified in Executive Order 13175. This proposed rule will be implemented at the Federal level and affects engine and vehicle manufacturers. Thus, Executive Order 13175 does not apply to this action.

H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks

This action is not subject to Executive Order 13045 because it is not economically significant as defined in Executive Order 12866, and because there are no environmental health or safety risks created by this action that could present a disproportionate risk to children.

I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution or Use

This action is not a “significant energy action” because it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. We have concluded that this action is not likely to have any adverse energy effects because it is designed merely to reduce testing burdens, increase compliance flexibility, and make various corrections and adjustments to compliance provisions.

J. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR Part 51

Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (“NTTAA”), Public Law 104-113, 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies. NTTAA directs agencies to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards. This action involves technical standards.

Except for the standards discussed below, the standards included in the regulatory text as incorporated by reference (in parts 60, 86, 1036, 1037, 1060, and 1065) were all previously approved for IBR and no change is proposed in this action.

In accordance with the requirements of 1 CFR 51.5, we are proposing to incorporate by reference the use of test methods and standards from ASTM International, SAE International, and the International Maritime Organization. This includes the following standards and test methods:

The materials from the International Maritime Organization are updated versions of documents that are already incorporated by reference in 40 CFR 1042.910 and 40 CFR 1043.100. We intend to include in the final rule any amendments adopted subsequent to the referenced 2017 publications.

The referenced standards and test methods may be obtained through the ASTM International website (www.astm.org) or by calling ASTM at (610) 832-9585, the SAE International website (www.sae.org) or by calling SAE International at (877) 606-7323 (U.S. and Canada) or (724) 776-4970 (outside the U.S. and Canada), the International Maritime Organization website (www.imo.org) or by calling the International Maritime Organization in London, England at 44-(0)20-7735-7611.

EPA is publishing a new version of the Greenhouse Gas Emission Model (GEM), which we use for certifying heavy-duty highway vehicles to the GHG emission standards in 40 CFR part 1037. The model calculates GHG emission rates for heavy-duty highway vehicles based on input values defined by the manufacturer. The model is available as noted in the proposed regulations at 40 CFR 1037.810.

We are removing numerous referenced documents as part of the effort to remove obsolete provisions in 40 CFR parts 85 through 94.

K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations

EPA believes this action does not have disproportionately high and adverse human health or environmental effects on minority populations, low-income populations or indigenous peoples, as specified in Executive Order 12898 (59 FR 7629, February 16, 1994). Due to the small environmental impact, this proposed regulatory flexibility will not have a disproportionate adverse effect on minority populations, low-income populations, or indigenous peoples.

List of Subjects

40 CFR Part 9

• Reporting and recordkeeping requirements

40 CFR Part 59

• Air pollution control
• Confidential business information
• Labeling
• Ozone
• Reporting and recordkeeping requirements
• Volatile organic compounds

40 CFR Part 60

• Administrative practice and procedure
• Air pollution control
• Aluminum
• Beverages
• Carbon monoxide
• Chemicals
• Coal
• Electric power plants
• Fluoride
• Gasoline
• Glass and glass products
• Grains
• Greenhouse gases
• Household appliances
• Incorporation by reference
• Industrial facilities
• Insulation
• Intergovernmental relations
• Iron
• Labeling
• Lead
• Lime
• Metals
• Motor vehicles
• Natural gas
• Nitrogen dioxide
• Petroleum
• Phosphate
• Plastics materials and synthetics
• Polymers
• Reporting and recordkeeping requirements
• Rubber and rubber products
• Sewage disposal
• Steel
• Sulfur oxides
• Vinyl
• Volatile organic compounds
• Waste treatment and disposal
• Zinc

40 CFR Part 85

• Confidential business information
• Greenhouse gases
• Imports
• Labeling
• Motor vehicle pollution
• Reporting and recordkeeping requirements
• Research
• Warranties

40 CFR Part 86

• Administrative practice and procedure
• Confidential business information
• Incoporation by reference
• Labeling
• Motor vehicle pollution
• Reporting and recordkeeping requirements

40 CFR Part 88

• Labeling
• Motor vehicle pollution
• Reporting and recordkeeping requirements

40 CFR Part 89

• Administrative practice and procedure
• Confidential business information
• Imports
• Labeling
• Motor vehicle pollution
• Reporting and recordkeeping requirements
• Research
• Vessels
• Warranties

40 CFR Part 90

• Administrative practice and procedure
• Air pollution control
• Confidential business information
• Imports
• Labeling
• Reporting and recordkeeping requirements
• Research
• Warranties

40 CFR Part 91

• Administrative practice and procedure
• Air pollution control
• Confidential business information
• Imports
• Labeling
• Penalties
• Reporting and recordkeeping requirements
• Warranties

40 CFR Part 92

• Administrative practice and procedure
• Air pollution control
• Confidential business information
• Imports
• Labeling
• Railroads
• Reporting and recordkeeping requirements
• Warranties

40 CFR Part 94

• Administrative practice and procedure
• Air pollution control
• Confidential business information
• Imports
• Penalties
• Reporting and recordkeeping requirements
• Vessels
• Warranties

40 CFR Part 1027

• Administrative practice and procedure
• Air pollution control
• Confidential business information
• Imports
• Reporting and recordkeeping requirements

40 CFR Part 1033

• Administrative practice and procedure
• Confidential business information
• Environmental protection
• Labeling
• Penalties
• Railroads
• Reporting and recordkeeping requirements

40 CFR Part 1036

• Administrative practice and procedure
• Air pollution control
• Confidential business information
• Environmental protection
• Greenhouse gases
• Incorporation by reference,

40 CFR Part 1037

• Administrative practice and procedure
• Air pollution control
• Confidential business information
• Environmental protection
• Incorporation by reference
• Labeling
• Motor vehicle pollution
• Reporting and recordkeeping requirements
• Warranties

40 CFR Part 1039

• Administrative practice and procedure
• Air pollution control
• Confidential business information
• Imports
• Labeling
• Penalties
• Reporting and recordkeeping requirements
• Warranties

40 CFR Part 1042

• Administrative practice and procedure
• Air pollution control
• Confidential business information
• Environmental protection
• Imports
• Incorporation by reference
• Labeling
• Penalties
• Reporting and recordkeeping requirements
• Vessels
• Warranties

40 CFR Part 1043

• Administrative practice and procedure
• Air pollution control
• Imports
• Incorporation by reference
• Reporting and recordkeeping requirements
• Vessels

40 CFR Part 1045

• Administrative practice and procedure
• Air pollution control
• Confidential business information
• Imports
• Labeling
• Penalties
• Reporting and recordkeeping requirements
• Warranties

40 CFR Part 1048

• Administrative practice and procedure
• Air pollution control
• Confidential business information
• Imports
• Labeling
• Penalties
• Reporting and recordkeeping requirements
• Research
• Warranties

40 CFR Part 1051

• Administrative practice and procedure
• Air pollution control
• Confidential business information
• Imports
• Labeling
• Penalties
• Reporting and recordkeeping requirements
• Warranties

40 CFR Part 1054

• Administrative practice and procedure
• Air pollution control
• Confidential business information
• Imports
• Labeling
• Penalties
• Reporting and recordkeeping requirements
• Warranties

40 CFR Part 1060

• Administrative practice and procedure
• Air pollution control
• Confidential business information
• Imports
• Incorporation by reference
• Labeling
• Penalties
• Reporting and recordkeeping requirements
• Warranties

40 CFR Part 1065

• Administrative practice and procedure
• Air pollution control
• Incorporation by reference
• Reporting and recordkeeping requirements
• Research

40 CFR Part 1066

• Air pollution control
• Incorporation by reference
• Reporting and recordkeeping requirements

40 CFR Part 1068

• Administrative practice and procedure
• Air pollution control
• Confidential business information
• Imports
• Motor vehicle pollution
• Penalties
• Reporting and recordkeeping requirements
• Warranties

For the reasons set out in the preamble, we propose to amend title 40, chapter I of the Code of Federal Regulations as set forth below.

PART 9—OMB APPROVALS UNDER THE PAPERWORK REDUCTION ACT

Contents

1. The authority citation for part 9 continues to read as follows:

Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003, 2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 31 U.S.C. 9701; 33 U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330, 1342, 1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2, 300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542, 9601-9657, 11023, 11048.

2. Amend § 9.1 by:

a. Removing entries for 85.1403 through 85.1415, 85.1514, 85.1712, 85.1808, 85.2208, and 85.2401 through 85.2409;

b. Revising the entries under the heading “Control of Emissions From New and In-Use Highway Vehicles and Engine”;

c. Removing the heading “Clean-Fuel Vehicles” and the items under that heading;

d. Removing the heading “Control of Emissions From New and In-Use Nonroad Compression-Ignition Engines” and the items under that heading;

e. Removing the heading “Control of Emissions From New and In-use Nonroad Engines” and the items under that heading;

f. Removing the heading “Control of Emissions From New and In-Use Marine Compression-Ignition Engines” and the items under that heading;

g. Revising the entries under the heading “Fuel Economy of Motor Vehicles”;

h. Revising the entry for “1033.825” to read as “1033.925” and

i. Revising the entry for “1042.825” to read as “1042.925”.

The revisions read as follows:

PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS

3. The authority citation for part 59 continues to read as follows:

Authority: 42 U.S.C. 7414 and 7511b(e).

Subpart F—[Amended]

4. Amend § 59.626 by revising paragraph (e) to read as follows:

5. Amend § 59.628 by revising paragraph (b) to read as follows:

6. Amend § 59.650 by revising paragraph (c) to read as follows:

7. Amend § 59.653 by revising paragraphs (a)(1), (a)(3), and (a)(4)(ii)(C) to read as follows:

8. Amend § 59.660 by revising paragraph (b) to read as follows:

9. Amend § 59.664 by revising paragraph (c) to read as follows:

10. Amend § 59.680 by revising the definition of “Portable fuel container” to read as follows:

PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

11. The authority statement for part 60 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

12. Amend § 60.4200 by revising paragraph (d) to read as follows:

13. Amend § 60.4201 by revising paragraph (a), paragraph (d) introductory text, paragraph (f) introductory text, and paragraph (h) to read as follows:

14. Amend § 60.4202 by revising paragraphs (a)(1)(i), (a)(2), (b)(2), paragraph (e) introductory text, and paragraph (g) introductory text to read as follows:

15. Amend § 60.4204 by revising paragraphs (a) and (f) to read as follows:

16. Amend § 60.4205 by revising paragraph (a) to read as follows:

17. Amend § 60.4210 by revising paragraphs (a) and (b), paragraph (c) introductory text, paragraphs (c)(3), (d), (i), and (j) and adding paragraph (k) to read as follows:

18. Amend § 60.4211 by revising paragraphs (a)(3) and (b)(1) to read as follows:

19. Amend § 60.4212 by revising paragraphs (a) and (c) to read as follows:

20. Amend § 60.4216 by revising paragraphs (b) and (c) to read as follows:

21. Amend § 60.4219 by revising the definition for “Certified emissions life” to read as follows:

Subpart JJJJ—Standards of Performance for Stationary Spark Ignition Internal Combustion Engines

22. Amend § 60.4230 by revising paragraph (e) to read as follows:

23. Amend § 60.4231 by revising paragraphs (a) through (d) to read as follows:

24. Revise § 60.4238 to read as follows:

25. Revise § 60.4239 to read as follows:

26. Revise § 60.4240 to read as follows:

27. Amend § 60.4241 by revising paragraphs (a) and (b) to read as follows:

28. Revise § 60.4242 to read as follows:

29. Amend § 60.4243 by revising paragraph (f) to read as follows:

30. Amend § 60.4245 by revising paragraph (a)(3) to read as follows:

31. Amend § 60.4247 by revising paragraph (a) to read as follows:

32. Amend § 60.4248 by revising the definition for “Certified emissions life” and “Certified stationary internal combustion engine” to read as follows:

PART 85—CONTROL OF AIR POLLUTION FROM MOBILE SOURCES

33. The authority citation for part 85 continues to read as follows:

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

Subpart O—[Removed and Reserved]

34. Remove and reserve Subpart O, consisting of §§ 85.1401 through 85.1415

35. Amend § 85.1501 by revising paragraph (a) to read as follows:

36. Amend § 85.1511 by adding introductory text and paragraph (b)(5) to read as follows:

37. Revise § 85.1514 to read as follows:

38. Amend § 85.1701 by revising paragraph (a)(1) to read as follows:

39. Revise § 85.1712 to read as follows:

40. Revise § 85.1801 to read as follows:

41. Revise § 85.1807 to read as follows:

42. Revise § 85.1808 to read as follows:

43. Amend § 85.1902 by revising paragraph (b)(2) to read as follows:

44. Amend § 85.2102 revising paragraph (a)(18) and by adding and reserving paragraph (b) to read as follows:

45. Amend § 85.2115 by revising paragraph (a)(4) to read as follows:

46. Revise § 85.2301 to read as follows:

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

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

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

48. Section 86.1 is amended by:

a. Revising the last sentence of paragraph (a);

b. Redesignating paragraphs (b)(19) through (21) as paragraphs (b)(21) through (23); and

c. Adding new paragraphs (b)(19) and (20).

The revision and additions read as follows:

(a) * * *. For information on the availability of this material at NARA, email fedreg.legal@nara.gov, or go to www.archives.gov/​federal-register/​cfr/​ibr-locations.html.

(b) * * *

(19) ASTM D5769-15, Standard Test Method for Determination of Benzene, Toluene, and Total Aromatics in Finished Gasolines by Gas Chromatography/Mass Spectrometry, approved December 1, 2015 (“ASTM5769”), IBR approved for §§ 86.113-04(a), 86.213(a), and 86.513(a).

(20) ASTM D6550-15, Standard Test Method for Determination of Olefin Content of Gasolines by Supercritical-Fluid Chromatography, approved December 1, 2015 (“ASTM D6550”), IBR approved for §§ 86.113-04(a), 86.213(a), and 86.513(a).

49. Section 86.004-15 is amended by revising paragraph (a)(1) to read as follows:

50. Section 86.010-18 is amended by—

a. Revising paragraphs (a)(5), (g)(2)(ii)(B), and (g)(2)(iii)(C).

b. Adding paragraph (g)(2)(iii)(D).

c. Removing and reserving paragraph (l)(2)(ii).

d. Revising paragraph (l)(2)(iii) and (m)(3).

e. Adding paragraph (m)(4).

f. Revising paragraphs (p)(3) and (p)(4).

The revisions and additions read as follows:

51. Section 86.113-04 is amended by revising paragraph (a)(1) to read as follows:

52. Section 86.129-00 is amended by revising paragraph (f)(1)(ii)(C) to read as follows:

53. Section 86.130-96 is amended by revising paragraph (a) to read as follows:

54. Section 86.213 is amended by revising paragraph (a)(2) to read as follows:

55. Remove § 86.401-97.

56. Amend § 86.408-78 by adding paragraphs (c) and (d) to read as follows:

57. Remove § 86.413-78.

58. Amend § 86.419-2006 by revising paragraph (b) introductory text to read as follows:

59. Amend § 86.427-78 by revising paragraph (a)(1) to read as follows:

60. Amend § 86.435-78 by revising paragraph (b)(1) to read as follows:

61. Amend § 86.436-78 by revising paragraph (d) to read as follows:

62. Amend § 86.513 by revising paragraphs (a)(1) and (a)(3) to read as follows:

63. Revise § 86.531-78 to read as follows:

64. Revise § 86.1362 to read as follows:

Subpart P—[Removed and Reserved]

65. Remove and reserve Subpart P.

Subpart Q—[Removed and Reserved]

66. Remove and reserve Subpart Q.

67. Amend § 86.1803-01 by revising the definitions for “Heavy-duty vehicle” and “Light-duty truck” to read as follows:

68. Amend § 86.1810-17 by adding paragraph (j) to read as follows:

69. Amend § 86.1811-17 by revising paragraph (b)(8)(iii)(C) to read as follows:

70. Amend § 86.1813-17 by revising the introductory text and paragraph (a)(2)(i) to read as follows:

71. Amend § 86.1817-05 by revising paragraph (a)(1) to read as follows:

72. Amend § 86.1818-12 by revising paragraph (d) to read as follows:

73. Amend § 86.1838-01 by revising paragraph (c)(2)(iii) to read as follows:

74. Amend § 86.1868-12 by revising paragraph (g) introductory text and adding paragraph (g)(5) to read as follows:

75. Part 88 is revised to read as follows:

PART 88—CLEAN-FUEL VEHICLES

Authority: 42 U.S.C. 7410, 7418, 7581, 7582, 7583, 7584, 7586, 7588, 7589, 7601(a).

76. Part 89 is revised to read as follows:

PART 89—CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD COMPRESSION-IGNITION ENGINES

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

77. Part 90 is revised to read as follows:

PART 90—CONTROL OF EMISSIONS FROM NONROAD SPARK-IGNITION ENGINES AT OR BELOW 19 KILOWATTS

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

78. Part 91 is revised to read as follows:

PART 91—CONTROL OF EMISSIONS FROM MARINE SPARK-IGNITION ENGINES

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

79. Part 92 is revised to read as follows:

PART 92—CONTROL OF AIR POLLUTION FROM LOCOMOTIVES AND LOCOMOTIVE ENGINES

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

80. Part 94 is revised to read as follows:

PART 94—CONTROL OF EMISSIONS FROM MARINE COMPRESSION-IGNITION ENGINES

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

PART 1027—FEES FOR VEHICLE AND ENGINE COMPLIANCE PROGRAMS

81. The authority statement for part 1027 continues to read as follows:

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

82. The heading for part 1027 is revised to read as set forth above.

83. Amend § 1027.101 by:

a. Revising paragraph (a); and

b. Removing and reserving paragraph (b).

The revision reads as follows:

84. Revise § 1027.105 to read as follows:

85. Amend § 1027.110 by revising paragraph (a) introductory text to read as follows:

86. Amend § 1027.125 by revising paragraph (e) to read as follows:

87. Amend § 1027.130 by revising paragraphs (a) and (b) to read as follows:

88. Amend § 1027.135 by revising paragraph (b) to read as follows:

89. Revise § 1027.155 to read as follows:

PART 1033—CONTROL OF EMISSIONS FROM LOCOMOTIVES

90. The authority citation for part 1033 continues to read as follows:

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

91. Amend § 1033.150 by—

a. Removing and reserving paragraphs (a) and (d).

b. Revising paragraph (e) introductory text.

c. Removing paragraphs (h) through (m).

The revision reads as follows:

92. Amend § 1033.225 by revising paragraph (e) to read as follows:

93. Revise § 1033.255 to read as follows:

94. Amend § 1033.601 by revising paragraph (c)(4) and (5) to read as follows:

95. Amend § 1033.701 by revising paragraph (k)(1) to read as follows:

96. Amend § 1033.740 by:

a. Revising the introductory text; and

b. Removing and reserving paragraph (a).

The revision reads as follows:

97. Amend § 1033.901 by revising paragraph (1) if the definition of “New” to read as follows:

98. Amend § 1033.925 by revising paragraph (e) introductory text to read as follows:

PART 1036—CONTROL OF EMISSIONS FROM NEW AND IN-USE HEAVY-DUTY HIGHWAY ENGINES

99. The authority statement for part 1036 continues to read as follows:

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

100. Amend § 1036.1 by revising paragraph (b) to read as follows:

101. Amend § 1036.108 by revising paragraph (a) introductory text and paragraph (a)(1) introductory text to read as follows:

102. Amend § 1036.150 by revising paragraphs (e) and (g)(2), paragraph (p) introductory text and adding paragraph (q) to read as follows:

103. Amend § 1036.225 by revising paragraphs (e) and (f)(1) to read as follows:

104. Amend § 1036.230 by revising paragraph (d) and adding paragraph (f) to read as follows:

105. Amend § 1036.235 by revising paragraphs (b)(1) and (2), and (c)(5) to read as follows:

105. Revise § 1036.255 to read as follows:

107. Amend § 1036.301 by revising paragraph (b)(2) introductory text to read as follows:

108. Amend § 1036.501 by revising paragraph (g) and adding paragraph (h) to read as follows:

109. Add § 1036.503 to read as follows:

110. Revise § 1036.505 to read as follows:

111. Revise § 1036.510 to read as follows:

112. Add § 1036.527 to read as follows:

113. Amend § 1036.530 by revising paragraph (b) to read as follows:

114. Revise § 1036.535 to read as follows:

115. Amend § 1036.540 by revising paragraphs (c), (d), and (e) to read as follows:

116. Add § 1036.543 to read as follows:

117. Amend § 1036.701 by revising paragraph (j) to read as follows:

118. Amend § 1036.705 by revising paragraph (b)(5) to read as follows:

119. Amend § 1036.801 by revising the definitions for “Heavy-duty vehicle” and “Hybrid” and adding definitions for “Hybrid engine” and “Mild hybrid” in alphabetical order to read as follows:

120. Revise § 1036.805 to read as follows:

121. Revise § 1036.810 to read as follows:

122. Redesignate Appendix I to part 1036 as Appendix III to part 1036 and add a new Appendix I to part 1306 to read as follows:

Appendix I to Part 1036—Summary of Previous Emission Standards

The following standards, which EPA originally adopted under 40 CFR part 85 or part 86, apply to compression-ignition engines produced before model year 2007 and to spark-ignition engines produced before model year 2008:

(a) Smoke. Smoke standards applied for compression-ignition engines based on opacity measurement using the test procedures in 40 CFR part 86, subpart I, as follows:

(1) Engines were subject to the following smoke standards for model years 1970 through 1973:

(i) 40 percent during the engine acceleration mode.

(ii) 20 percent during the engine lugging mode.

(2) The smoke standards in 40 CFR 86.11 started to apply in model year 1974.

(b) Idle CO. A standard of 0.5 percent of exhaust gas flow at curb idle applied through model year 2016 to the following engines:

(1) Spark-ignition engines with aftertreatment starting in model year 1987. This standard applied only for gasoline-fueled engines through model year 1997. Starting in model year 1998, the same standard applied for engines fueled by methanol, LPG, and natural gas. The idle CO standard no longer applied for engines certified to meet onboard diagnostic requirements starting in model year 2005.

(2) Methanol-fueled compression-ignition engines starting in model year 1990. This standard also applied for natural gas and LPG engines starting in model year 1997. The idle CO standard no longer applied for engines certified to meet onboard diagnostic requirements starting in model year 2007.

(c) Crankcase emissions. The requirement to design engines to prevent crankcase emissions applied starting with the following engines:

(1) Spark-ignition engines starting in model year 1968. This standard applied only for gasoline-fueled engines through model year 1989, and applied for spark-ignition engines using other fuels starting in model year 1990.

(2) Naturally aspirated diesel-fueled engines starting in model year 1985.

(3) Methanol-fueled compression-ignition engines starting in model year 1990.

(4) Naturally aspirated gaseous-fueled engines starting in model year 1997, and all other gaseous-fueled engines starting in 1998.

(d) Early steady-state standards. The following criteria standards applied to heavy-duty engines based on steady-state measurement procedures:

(e) Transient emission standards for spark-ignition engines. The following criteria standards applied for spark-ignition engines based on transient measurement using the test procedures in 40 CFR part 86, subpart N. Starting in model year 1991, manufacturers could generate or use emission credits for NO_X and NO_X + NMHC standards. Table 2 follows:

(f) Transient emission standards for compression-ignition engines. The following criteria standards applied for compression-ignition engines based on transient measurement using the test procedures in 40 CFR part 86, subpart N. Starting in model year 1991, manufacturers could generate or use emission credits for NO_X, NO_X + NMHC, and PM standards. Table 3 follows:

123. Add Appendix II to Part 1036 to read as follows:

Appendix II to Part 1036—Transient Duty Cycles

(a) This appendix specifies transient duty cycles for the engine and powertrain testing described in § 1036.510, as follows:

(1) The transient duty cycle for testing engines involves a schedule of normalized engine speed and torque values.

(2) The transient duty cycle for powertrain testing involves a schedule of vehicle speeds and road grade. Determine road grade at each point based on the peak rated power of the powertrain system, P_rated, determined in § 1036.527 and road grade coefficients using the following equation:

Road grade = a·P²_rated + b·P_rated + c

(b) The following transient duty cycle applies for spark-ignition engines and powertrains:

(c) The following transient duty cycle applies for compression-ignition engines and powertrains:

PART 1037—CONTROL OF EMISSIONS FROM NEW HEAVY-DUTY MOTOR VEHICLES

124. The authority statement for part 1037 continues to read as follows:

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

125. Amend § 1037.103 by revising paragraph (c) to read as follows:

126. Amend § 1037.105 by revising the section heading and paragraph (h)(1) to read as follows:

127. Amend § 1037.106 by revising paragraph (b) to read as follows:

128. Amend § 1037.115 by revising paragraph (e) to read as follows:

129. Amend § 1037.120 by revising paragraph (b)(1) to read as follows:

130. Amend § 1037.140 by revising paragraph (g) to read as follows:

131. Amend § 1037.150 by revising paragraphs (c), (s), (y)(4), and (aa)(2) and adding paragraph (bb) to read as follows:

132. Amend § 1037.201 by revising paragraph (h) to read as follows:

133. Amend § 1037.205 by revising paragraph (e) to read as follows:

134. Amend § 1037.225 by revising paragraph (e) to read as follows:

135. Amend § 1037.230 by revising paragraph (a)(2) to read as follows:

136. Amend § 1037.235 by revising paragraph (h) to read as follows:

137. Amend § 1037.243 by revising paragraph (c) to read as follows:

138. Revise § 1037.255 to read as follows:

139. Amend § 1037.301 by revising paragraph (b) to read as follows:

140. Amend § 1037.305 by revising the introductory text and paragraph (a) to read as follows:

141. Revise § 1037.320 to read as follows:

142. Amend § 1037.501 by adding paragraph (i) to read as follows:

143. Amend § 1037.510 by revising paragraphs (a)(2), (c)(3), (d), and (e) to read as follows:

144. Amend § 1037.515 by revising the section heading and paragraph (d)(2) to read as follows:

145. Amend § 1037.520 by revising the section heading and paragraphs (b)(3)(ii), (b)(3)(iii), (e), (f), (g), (h), (i), and (j) to read as follows:

146. Amend § 1037.525 by revising paragraph (b) to read as follows:

147. Amend § 1037.528 by revising the section heading, paragraph (c) introductory text, paragraph (e) introductory text, paragraph (g)(3) introductory text, and paragraphs (h)(3)(i) and (h)(6) to read as follows:

148. Amend § 1037.540 by revising the section heading to read as follows:

149. Amend § 1037.532 by revising the section heading and paragraph (a)(1) to read as follows:

150. Amend § 1037.534 by revising the section heading to read as follows.

151. Amend § 1037.540 by revising paragraphs (b)(8), (e)(2), and (f)(2) to read as follows:

152. Revise § 1037.550 to read as follows:

153. Amend § 1037.551 by revising paragraph (b) to read as follows:

154. Amend § 1037.560 by revising paragraphs (a), (b)(7), (c), (e), and (f) and adding paragraph (h) to read as follows:

155. Amend § 1037.565 by revising paragraphs (c), (d), (e)(6), (7), (8), and (10), (f)(1), and (g) to read as follows:

156. Add § 1037.570 to Subpart F to read as follows:

157. Amend § 1037.621 by revising paragraph (g) introductory text to read as follows:

158. Amend § 1037.660 by revising paragraph (a)(2) and adding paragraph (b)(3)(ii) to read as follows:

159. Amend § 1037.665 by revising paragraph (c) to read as follows:

160. Amend § 1037.670 by revising the section heading and paragraphs (a) and (b) to read as follows:

161. Amend § 1037.701 by revising paragraph (h) to read as follows:

162. Amend § 1037.705 by revising paragraph (c)(2) to read as follows:

163. Amend § 1037.745 by revising the section heading to read as follows.

164. Amend § 1037.801 by:

a. Revising the definitions for “Compression-ignition” and “Electric vehicle”;

b. Adding a definition for “Engine control module” in alphabetical order;

c. Revising the definition for “Heavy-duty vehicle;

d. Adding a definition for “High-strength steel” in alphabetical order;

e. Revising the definitions for “Light-duty truck”, “Low rolling resitance tire”, and “Model year”; and

f. Adding a definition for “Tonne” in alphabetical order.

The revisions and additions read as follows:

165. Amend § 1037.805 by revising paragraphs (b), (c), (d), and (e) to read as follows:

166. Amend § 1037.810 by revising paragraphs (a) and (c)(2) to read as follows:

167. Revise Appendix IV to Part 1037 to read as follows:

Appendix IV to Part 1037—Heavy-Duty Grade Profile for Phase 2 Steady-State Test Cycles

The following table identifies a grade profile for operating vehicles over the highway cruise cycles specified in subpart F of this part. Determine intermediate values by linear interpolation.

PART 1039—CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD COMPRESSION-IGNITION ENGINES

168. The authority statement for part 1039 continues to read as follows:

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

169. Amend § 1039.1 by revising paragraphs (b)(3) and (c) to read as follows:

170. Amend § 1039.20 by revising paragraph (a) introductory text, paragraphs (b)(2), (4), and (c) to read as follows:

171. Amend § 1039.101 by revising the introductory text and paragraph (b) to read as follows:

172. Amend § 1039.102 by:

a. Revising the introductory text and paragraph (a)(2);

b. Revising Tables 1, 3, and 6 in paragraph (b); and

c. Revising paragraphs (d)(1), (e)(3), (g)(1)(iv), and (g)(2).

The revisions read as follows:

173. Amend § 1039.104 by revising paragraphs (c)(1), (c)(2)(ii), (c)(4), and (g)(4) to read as follows:

174. Amend § 1039.135 by revising paragraph (e) introductory text to read as follows:

175. Amend § 1039.205 by adding paragraph (c) to read as follows:

176. Amend § 1039.225 by revising paragraph (e) to read as follows:

177. Amend § 1039.245 by revising paragraph (a) to read as follows:

178. Revise § 1039.255 to read as follows:

179. Amend § 1039.601 by revising paragraph (b) to read as follows:

180. Amend § 1039.620 by revising paragraph (b) to read as follows:

181. Amend § 1039.625 by revising the introductory text, paragraph (d)(4) introductory text, paragraphs (e)(1), (e)(3), and (g)(1)(vi), paragraph (j) introductory text, and paragraph (j)(1) to read as follows:

182. Amend § 1039.626 by revising paragraph (b)(1)(iv) to read as follows:

183. Amend § 1039.655 by revising paragraphs (a)(2) and (b) to read as follows:

184. Amend § 1039.740 by revising paragraph (b) to read as follows:

185. Amend § 1039.801 by:

a. Revising the definition for “Low-hour”;

b. Revising paragraph (5)(ii) for the definition of “Model year”; and

c. Revising the definitions for “Small-volume engine manufacturer”, “Tier 1”, “Tier 2”, and “Tier 3”.

The revisions read as follows.

186. Add Appendix I to part 1039 to read as follows:

Appendix I to Part 1039—Summary of Previous Emission Standards

The following standards, which EPA originally adopted under 40 CFR part 89, apply to nonroad compression-ignition engines produced before the model years specified in § 1039.1:

(a) Tier 1 standards apply as summarized in the following table:

(b) Tier 2 standards apply as summarized in the following table:

(c) Tier 3 standards apply as summarized in the following table:

(d) Tier 1 through Tier 3 standards applied only for discrete-mode steady-state testing. There were no not-to-exceed standards or transient testing.

PART 1042—CONTROL OF EMISSIONS FROM NEW AND IN-USE MARINE COMPRESSION-IGNITION ENGINES AND VESSELS

187. The authority statement for part 1042 continues to read as follows:

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

188. Amend § 1042.1 by:

a. Revising paragraphs (b) and (c); and

b. Removing and reserving paragraph (d).

The revisions read as follows:

189. Amend § 1042.101 by revising paragraphs (a)(6), (c)(2), and (e)(2) to read as follows:

190. Amend § 1042.104 by revising paragraphs (a)(2) and (c) to read as follows:

191. Amend § 1042.115 by revising paragraph (g) to read as follows:

192. Amend § 1042.125 by revising paragraph (e) to read as follows:

193. Amend § 1042.135 by revising paragraph (c)(13) to read as follows:

194. Amend § 1042.145 by:

a. Removing and reserving paragraphs (b), (c), (e), (h), and (i); and

b. Revising paragraph (j).

The revision reads as follows:

195. Amend § 1042.225 by revising paragraph (e) to read as follows:

196. Amend § 1042.235 by revising paragraph (d)(3) to read as follows:

197. Revise § 1042.255 to read as follows:

198. Amend § 1042.302 by revising paragraph (a) to read as follows:

199. Amend § 1042.605 by revising paragraphs (a), (b), (c), (d)(1)(ii), (d)(2), (d)(3)(ii), (f), and (h) to read as follows:

200. Amend § 1042.610 by revising paragraphs (a), (c), (d)(1), (f), and (g) to read as follows:

201. Amend § 1042.615 by revising paragraph (a) introductory text, paragraphs (a)(1), and (3) and adding paragraphs (f) and (g) to read as follows:

202. Amend § 1042.650 by revising the introductory text and paragraph (b)(4) to read as follows:

203. Amend § 1042.655 by revising the paragraph (b) to read as follows:

204. Amend § 1042.701 by removing and reserving paragraph (j).

205. Amend § 1042.801 by revising paragraph (f)(1) to read as follows:

206. Amend § 1042.836 by revising the introductory text and paragraph (c) to read as follows:

207. Amend § 1042.901 by revising paragraph (3) of the definition for “Model year” to read as follows:

208. Revise § 1042.910 to read as follows:

209. Amend Appendix I to part 1042 by revising paragraph (a) introductory text, paragraph (b) introductory text, and paragraph (b)(3) to read as follows:

Appendix I to Part 1042—Summary of Previous Emission Standards

(a) Engines below 37 kW. Tier 1 and Tier 2 standards for engines below 37 kW originally adopted under 40 CFR part 89 apply as follows:

(b) Engines at or above 37 kW. Tier 1 and Tier 2 standards for engines at or above 37 kW originally adopted under 40 CFR part 94 apply as follows:

(3) Tier 2 supplemental standards. Not-to-exceed emission standards apply for all engines subject to the Tier 2 standards described in paragraph (b)(2) of this appendix.

PART 1043—CONTROL OF NOX, SOX, AND PM EMISSIONS FROM MARINE ENGINES AND VESSELS SUBJECT TO THE MARPOL PROTOCOL

210. The authority statement for part 1043 continues to read as follows:

Authority: 33 U.S.C. 1901-1912.

211. Amend § 1043.41 by revising paragraph (a) to read as follows:

212. Revise § 1043.100 to read as follows:

PART 1045—CONTROL OF EMISSIONS FROM SPARK-IGNITION PROPULSION MARINE ENGINES AND VESSELS

213. The authority statement for part 1045 continues to read as follows:

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

214. Amend § 1045.1 by revising paragraph (c) to read as follows:

215. Amend § 1045.145 by removing and reserving paragraphs (a) through (g), (i) through (k), and (m) and revising paragraph (n) to read as follows:

216. Amend § 1045.235 by revising paragraph (d)(3) to read as follows:

217. Revise § 1045.255 to read as follows:

218. Amend § 1045.310 by revising paragraph (a)(1) introductory text and paragraph (a)(1)(iv) to read as follows:

219. Amend § 1045.501 by revising paragraph (c) to read as follows:

220. Revise Appendix 1 to part 1045 to read as follows:

Appendix I to Part 1045—Summary of Previous Emission Standards

(a) The following standards, which EPA originally adopted under 40 CFR part 91, apply to outboard and personal watercraft engines produced from model year 2006 through 2009:

(1) For engines at or below 4.3 kW, the HC + NO_X standard is 81.00 g/kW-hr.

(2) For engines above 4.3 kW, the following HC + NO_X standard applies:

HC + NO_X standard = (151 + 557/P^0.9) · 0.250 + 6.00

Where:

STD = The HC + NO_X emission standard, in g/kW-hr.

P = The average power of an engine family, in kW.

(b) Table 1 of this appendix describes the phase-in standards for outboard and personal watercraft engines for model years 1998 through 2005. For engines with maximum engine power above 4.3 kW, the standard is expressed by the following formula, in g/kW-hr, with constants for each year identified in Table 1 of this appendix:

PART 1048—CONTROL OF EMISSIONS FROM NEW, LARGE NONROAD SPARK-IGNITION ENGINES

221. The authority statement for part 1048 continues to read as follows:

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

222. Revise § 1048.145 to read as follows:

223. Revise § 1048.255 to read as follows:

224. Amend § 1048.501 by revising paragraph (c) to read as follows:

PART 1051—CONTROL OF EMISSIONS FROM RECREATIONAL ENGINES AND VEHICLES

225. The authority statement for part 1051 continues to read as follows:

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

226. Revise § 1051.145 to read as follows:

227. Revise § 1051.255 to read as follows:

228. Amend § 1051.310 by revising paragraph (a)(1) introductory text and paragraph (a)(1)(iv) to read as follows:

229. Amend § 1051.501 by revising paragraph (d) to read as follows:

PART 1054—CONTROL OF EMISSIONS FROM NEW, SMALL NONROAD SPARK-IGNITION ENGINES AND EQUIPMENT

230. The authority statement for part 1054 continues to read as follows:

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

231. Amend § 1054.1 by revising paragraphs (a)(1) and (5), (c), and (d) to read as follows:

232. Revise § 1054.2 to read as follows:

233. Revise § 1054.30 to read as follows:

234. Amend § 1054.103 by revising paragraph (c) introductory text to read as follows:

235. Amend § 1054.105 by revising paragraph (c) introductory text to read as follows:

236. Amend § 1054.110 by revising paragraph (b) to read as follows:

237. Amend § 1054.120 by revising paragraph (c) to read as follows:

238. Amend § 1054.125 by revising the introductory text and paragraphs (c) and (e) to read as follows:

239. Amend § 1054.130 by revising paragraphs (b)(2) and (5) to read as follows:

240. Amend § 1054.135 by revising paragraphs (c)(2) and (e)(1) to read as follows:

241. Revise § 1054.145 to read as follows:

242. Amend § 1054.205 by revising paragraphs (o)(1), (p)(1), (v), and (x) to read as follows:

243. Amend § 1054.220 by revising the section heading to read as follows.

244. Amend § 1054.225 by:

a. Revising the section heading, paragraphs (b), (e), and paragraph (f) introductory text; and

b. Adding paragraph (g).

The revisions and addition read as follows:

245. Amend § 1054.235 by revising the section heading and paragraphs (a), (b), (c), and (d) to read as follows:

246. Amend § 1054.240 by revising paragraphs (a), (b), (c), and (d) to read as follows:

247. Amend § 1054.245 by:

a. Revising paragraphs (a), (b)(1), (b)(3), (b)(5), and (c); and

b. Adding paragraph (d).

The revisions and addition read as follows:

248. Amend § 1054.250 by:

a. Removing and reserving paragraph (a)(3); and

b. Revising paragraphs (b)(3)(iv) and (c).

The revisions read as follows:

249. Revise § 1054.255 to read as follows:

250. Amend § 1054.301 by revising paragraph (a)(2) to read as follows:

251. Amend § 1054.310 by revising paragraph (a)(1) introductory text, paragraphs (a)(1)(iv), and (c)(2) introductory text to read as follows:

252. Amend § 1054.315 by revising paragraph (a)(1) to read as follows:

253. Amend § 1054.320 by adding paragraph (c) to read as follows:

254. Amend § 1054.501 by revising paragraphs (b)(1) and (2), and paragraph (b)(4) introductory text to read as follows:

255. Amend § 1054.505 by revising paragraph (b)(2) to read as follows:

256. Amend § 1054.601 by adding paragraph (d) to read as follows:

257. Amend § 1054.612 by revising the introductory text to read as follows:

258. Amend § 1054.620 by revising paragraph (c)(2) to read as follows:

259. Remove §§ 1054.625 and 1054.626.

260. Amend § 1054.635 by removing and reserving paragraph (c)(6).

261. Remove § 1054.640.

262. Revise § 1054.655 to read as follows:

263. Amend § 1054.690 by revising paragraphs (f) and (i) to read as follows:

264. Amend § 1054.701 by revising paragraph (c)(2), paragraph (i) introductory text, and paragraph (i)(1) to read as follows:

265. Amend § 1054.710 by revising paragraph (c) to read as follows:

266. Amend § 1054.715 by revising paragraph (b) to read as follows:

267. Amend § 1054.725 by revising paragraph (b)(2) to read as follows:

268. Amend § 1054.730 by revising paragraphs (b)(1), (b)(3), (b)(4), (d)(1)(iii), and (d)(2)(iii) to read as follows:

269. Amend § 1054.735 by revising paragraphs (a) and (b) to read as follows:

270. Amend § 1054.740 by revising paragraph (c) and removing and reserving paragraph (d) to read as follows:

271. Amend § 1054.801 by:

a. Revising the definition for “Designated Compliance Officer”.

b. Removing the definition for “Dual-fuel engine”.

c. Adding a definition for “Dual-fuel” in alphabetical order.

d. Revising the definition for “Engine configuration” and “Equipment manufacturer”.

e. Removing the definition for “Flexible-fuel engine”.

f. Adding a definition for “Flexible-fuel” in alphabetical order.

g. Revising the definitions for “Fuel type”, “Handheld”, “New nonroad engine”, “New nonroad equipment”, “Nonmethane hydrocarbon”. “Nonroad engine”, “Phase 1”, “Phase 2”, and “Placed into service”.

h. Removing the definition for “Pressurized oil system”.

i. Revising the definitions for “Small-volume emission family”, “Small-volume equipment manufacturer”, “Total hydrocarbon”, and “Total hydrocarbon equivalent”.

The new and revised definitions read as follows:

272. Revise § 1054.815 to read as follows:

273. Revise § 1054.825 to read as follows:

274. Revise Appendix I to part 1054 to read as follows:

Appendix I to Part 1054—Summary of Previous Emission Standards

The following standards, which EPA originally adopted under 40 CFR part 90, apply to nonroad spark-ignition engines produced before the model years specified in § 1054.1:

(a) Handheld engines. (1) Phase 1 standards apply for handheld engines as summarized in the following table starting with model year 1997:

(2) Phase 2 standards apply for handheld engines as summarized in the following table starting with model year 2002 for Class III and Class IV, and starting in model year 2004 for Class V:

(b) Nonhandheld engines. (1) Phase 1 standards apply for nonhandheld engines as summarized in the following table starting with model year 1997:

(2) Phase 2 standards apply for nonhandheld engines as summarized in the following table starting with model year 2001 (except as noted for Class I engines):

(3) Note that engines subject to Phase 1 standards were not subject to useful life provisions as specified in § 1054.107. In addition, engines subject to Phase 1 standards and engines subject to Phase 2 standards were both not subject to the following provisions:

(i) Evaporative emission standards as specified in §§ 1054.110 and 1054.112.

(ii) Altitude adjustments as specified in § 1054.115(c).

(iii) Warranty assurance provisions as specified in § 1054.120(f).

(iv) Emission-related installation instructions as specified in § 1054.130.

(v) Bonding requirements as specified in § 1054.690.

275. Revise paragraph (b)(2) of Appendix II to part 1054 to read as follows:

Appendix II to Part 1054—Duty Cycles for Laboratory Testing

(b) * * *

(2) The following duty cycle applies for ramped-modal testing:

PART 1060—CONTROL OF EVAPORATIVE EMISSIONS FROM NEW AND IN-USE NONROAD AND STATIONARY EQUIPMENT

276. The authority citation for part 1060 continues to read as follows:

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

277. Amend § 1060.1 by revising paragraphs (a)(8), (c), and (d) to read as follows:

278. Amend § 1060.5 by revising paragraph (a)(1) to read as follows:

279. Revise § 1060.30 to read as follows:

280. Amend § 1060.104 by revising paragraph (b)(3) to read as follows:

281. Amend § 1060.105 by revising paragraphs (c)(1) and (e) to read as follows:

282. Amend § 1060.120 by revising paragraphs (b) and (c) to read as follows:

283. Amend § 1060.130 by revising paragraph (b)(3) to read as follows:

284. Amend § 1060.135 by revising the introductory text and paragraphs (a) and (b) to read as follows:

285. Amend § 1060.137 by revising paragraphs (a)(4) and (c)(1) to read as follows:

286. Amend § 1060.205 by revising paragraphs (a) and (m) to read as follows:

287. Amend § 1060.225 by revising paragraphs (b), (e), and (g) and adding paragraph (h) to read as follows:

288. Amend § 1060.230 by revising paragraph (d)(2) to read as follows:

289. Amend § 1060.235 by:

a. Revising the section heading;

b. Redesignating paragraph (a) as (h).

c. Redesignating paragraph (b) as paragraph (a) and paragraph (h) as paragraph (b);

d. Revising paragraphs (d) and (e)(1).

The revisions read as follows:

290. Amend § 1060.240 by revising paragraph (e)(2)(i) to read as follows:

291. Amend § 1060.250 by revising paragraphs (a)(3)(ii) and (b) to read as follows:

292. Revise § 1060.255 to read as follows:

293. Amend § 1060.501 by revising paragraph (c) to read as follows:

294. Amend § 1060.505 by revising paragraph (c)(3) to read as follows:

295. Amend § 1060.515 by revising paragraph (a)(2) to read as follows:

296. Amend § 1060.520 by revising paragraphs (a), (b)(1), (b)(4), (d)(3), (d)(6), (d)(8)(ii), (d)(9), and (e) to read as follows:

297. Amend § 1060.525 by revising paragraph (a)(2) to read as follows:

298. Amend § 1060.601 by revising paragraphs (a) and (b)(2) to read as follows:

299. Add § 1060.610 to subpart G to read as follows:

300. Remove § 1060.640.

301. Amend § 1060.801 by revising the definitions for “Configuration”, “Designated Compliance Officer”, “Fuel type”, “Model year”, “Placed into service”, “Portable nonroad fuel tank”, and “Small SI” to read as follows:

302. Amend § 1060.810 by:

a. Removing and reserving paragraph (d); and

b. Revising paragraph (e) introductory text.

The revision reads read as follows:

303. Revise § 1060.815 to read as follows:

304. Revise § 1060.825 to read as follows:

PART 1065—ENGINE-TESTING PROCEDURES

305. The authority statement for part 1065 continues to read as follows:

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

306. Amend § 1065.1 by revising paragraph (g) to read as follows:

307. Amend § 1065.130 by revising paragraph (e) to read as follows:

308. Amend § 1065.140 by revising paragraphs (c)(6)(i) and (e)(2) to read as follows:

309. Amend § 1065.145 by revising paragraph (e)(3)(i) to read as follows:

310. Amend § 1065.170 by revising the introductory text and paragraph (a)(1) to read as follows:

311. Revise § 1065.205 to read as follows:

312. Amend § 1065.220 by revising paragraph (a) to read as follows:

313. Amend § 1065.225 by revising paragraph (a) to read as follows:

314. Amend § 1065.247 by revising paragraph (c)(2) to read as follows:

315. Amend § 1065.260 by revising paragraph (e) to read as follows:

316. Amend § 1065.266 by revising paragraphs (a) and (b) to read as follows:

317. Amend § 1065.275 by revising paragraph (b)(2) to read as follows:

318. Amend § 1065.280 by revising paragraph (a) to read as follows:

319. Revise § 1065.303 to read as follows:

320. Amend § 1065.307 by:

a. Revising paragraphs (c)(13), (d)(4), (d)(6), (d)(7), (d)(9), (e)(3), (e)(5), (e)(7)(i);

b. In paragraph (e)(8)(ii)(B) removing Table 1 to § 1065.307; and

c. Adding paragraphs (f) and (g).

The revisions and additions read as follows:

321. Amend § 1065.309 by revising paragraph (d)(2) to read as follows:

322. Amend § 1065.315 by revising paragraph (a)(3) to read as follows:

323. Amend § 1065.320 by removing and reserving paragraph (b).

324. Amend § 1065.341 by:

a. Revising the section heading;

b. Adding introductory text;

c. Revising paragraph (a) introductory text and paragraph (g); and

d. Adding paragraph (h).

The revisions and additions read as follows:

325. Amend § 1065.342 by revising paragraph (d)(2) to read as follows:

326. Amend § 1065.350 by revising paragraph (d)(2) to read as follows:

327. Amend § 1065.355 by revising paragraph (d)(2) to read as follows:

328. Amend § 1065.360 by adding paragraphs (a)(4) and (d)(12) to read as follows:

329. Amend § 1065.365 by:

a. Revising paragraph (a), paragraph (d) introductory text, and paragraph (d)(9);

b. Adding paragraphs (d)(10) through (12); and

c. Revising paragraphs (f)(9) and (14).

The revisions and additions read as follows:

330. Amend § 1065.370 by revising paragraph (e)(5) to read as follows:

331. Amend § 1065.375 by revising paragraph (d)(2) to read as follows:

332. Amend § 1065.410 by revising paragraph (d) to read as follows:

333. Amend § 1065.510 by revising paragraph (a) introductory text, and paragraphs (b)(5)(i) and (f)(4)(i) to read as follows:

334. Amend § 1065.512 by revising paragraphs (b)(1) and (2) to read as follows:

335. Amend § 1065.514 by revising paragraph (e) introductory text to read as follows:

336. Amend § 1065.530 by revising paragraph (a)(2)(iii) and adding paragraph (g)(5) to read as follows:

337. Add § 1065.543 to read as follows:

338. Amend § 1065.545 by revising paragraph (a) to read as follows:

339. Revise § 1065.602 to read as follows:

340. Amend § 1065.610 by revising paragraph (a)(1)(iv), paragraph (a)(2) introductory text, and paragraph (d)(3) introductory text to read as follows:

341. Amend § 1065.640 by revising paragraphs (a), (b)(3), (d)(1), and (d)(3) to read as follows:

342. Amend § 1065.642 by revising paragraphs (b) and (c)(1) to read as follows:

343. Add § 1065.643 to read as follows:

344. Amend § 1065.650 by revising paragraphs (b)(3), (c)(1) through (3), paragraph (d) introductory text, paragraphs (d)(7), (f)(2) and (g) to read as follows:

345. Amend § 1065.655 by:

a. Revising the section heading and paragraphs (c)(3), (e)(1)(i), (e)(4);

b. Amending paragraph (e)(4) by removing Table 1;

c. Adding paragraph (e)(5); and

d. Revising paragraphs (f)(3) and (g)(1).

The revisions and additions read as follows:

346. Amend § 1065.659 by revising paragraphs (c)(2) and (3) to read as follows:

347. Amend § 1065.660 by revising paragraphs (b)(4) and (c)(2) to read as follows:

348. Amend § 1065.665 by revising paragraph (a) to read as follows:

349. Amend § 1065.667 by revising paragraph (d) to read as follows:

350. Amend § 1065.695 by adding paragraph (c)(8)(v) to read as follows:

351. Amend § 1065.701 by revising paragraphs (b) and (f) to read as follows:

352. Amend § 1065.703 by revising paragraph (b) to read as follows:

353. Amend § 1065.705 by revising paragraph (c) to read as follows:

354. Amend § 1065.710 by revising paragraphs (b)(2) and (c) to read as follows:

355. Amend § 1065.715 by revising paragraph (a) to read as follows:

356. Amend § 1065.720 by revising paragraph (a) to read as follows:

357. Amend § 1065.750 by revising paragraph (a)(1)(ii) to read as follows:

358. Amend § 1065.790 by revising paragraph (b) to read as follows:

359. Amend § 1065.905 by revising paragraph (f) to read as follows:

360. Amend § 1065.915 by revising paragraph (a) to read as follows:

361. Amend § 1065.1001 by revising the definition of “Test interval” to read as follows:

362. Amend § 1065.1005 by revising paragraphs (a), (c), (d), (e), and (f)(2) to read as follows:

PART 1066—VEHICLE-TESTING PROCEDURES

363. The authority statement for part 1066 continues to read as follows:

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

364. Amend § 1066.1 by revising paragraph (g) to read as follows:

365. Amend § 1066.135 by revising paragraph (a)(1) to read as follows:

366. Amend § 1066.210 by revising paragraph (d)(3) to read as follows:

367. Amend § 1066.255 by revising paragraph (c) to read as follows:

368. Amend § 1066.270 by revising paragraph (c)(4) to read as follows:

369. Amend § 1066.275 by revising paragraph (b) to read as follows:

370. Revise § 1066.405 to read as follows:

371. Amend § 1066.420 by revising paragraph (d)(2) to read as follows:

372. Amend § 1066.605 by revising paragraphs (c)(4) and (h)(2)(i) to read as follows:

373. Amend § 1066.610 by revising paragraph (d) to read as follows:

374. Amend § 1066.710 by revising paragraph (c) to read as follows:

375. Amend § 1066.801 by revising paragraph (e) to read as follows:

376. Amend § 1066.835 by revising paragraph (a) to read as follows:

377. Revise § 1066.930 to read as follows:

378. Amend § 1066.1005 by revising paragraphs (c), (d), and (f) to read as follows:

379. Amend § 1066.1010 by revising paragraph (b)(2) to read as follows:

PART 1068—GENERAL COMPLIANCE PROVISIONS FOR HIGHWAY, STATIONARY, AND NONROAD PROGRAMS

380. The authority statement for part 1068 continues to read as follows:

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

381. Amend § 1068.1 by revising paragraph (a) and removing and reserving paragraph (d)(2) to n reads as follows:

382. Amend § 1068.10 by revising the section heading and paragraphs (b) and (c) to read as follows:

383. Amend § 1068.30 by adding a definition for “Element of design” in alphabetical order to read as follows:

384. Amend § 1068.240 by revising paragraph (c)(3) to read as follows:

Footnotes