Collapse to view only § 1036.815 - Confidential information.

§ 1036.801 - Definitions.

Link to an amendment published at 89 FR 29764, Apr. 22, 2024.

The following definitions apply to this part. The definitions apply to all subparts unless we note otherwise. All undefined terms have the meaning the Act gives to them. The definitions follow:

Act means the Clean Air Act, as amended, 42 U.S.C. 7401-7671q.

Adjustable parameter has the meaning given in 40 CFR 1068.50.

Advanced technology means technology certified under 40 CFR 86.1819-14(k)(7), § 1036.615, or 40 CFR 1037.615.

Aftertreatment means relating to a catalytic converter, particulate filter, or any other system, component, or technology mounted downstream of the exhaust valve (or exhaust port) whose design function is to decrease emissions in the engine exhaust before it is exhausted to the environment. Exhaust gas recirculation (EGR) and turbochargers are not aftertreatment.

Aircraft means any vehicle capable of sustained air travel more than 100 feet above the ground.

Alcohol-fueled engine mean an engine that is designed to run using an alcohol fuel. For purposes of this definition, alcohol fuels do not include fuels with a nominal alcohol content below 25 percent by volume.

Auxiliary emission control device means any element of design that senses temperature, motive speed, engine speed (r/min), transmission gear, or any other parameter for the purpose of activating, modulating, delaying, or deactivating the operation of any part of the emission control system.

Averaging set has the meaning given in § 1036.740.

Calibration means the set of specifications and tolerances specific to a particular design, version, or application of a component or assembly capable of functionally describing its operation over its working range.

Carryover means relating to certification based on emission data generated from an earlier model year as described in § 1036.235(d).

Certification means relating to the process of obtaining a certificate of conformity for an engine family that complies with the emission standards and requirements in this part.

Certified emission level means the highest deteriorated emission level in an engine family for a given pollutant from the applicable transient and/or steady-state testing, rounded to the same number of decimal places as the applicable standard. Note that you may have two certified emission levels for CO2 if you certify a family for both vocational and tractor use.

Charge-depleting has the meaning given in 40 CFR 1066.1001.

Charge-sustaining has the meaning given in 40 CFR 1066.1001.

Complete vehicle means a vehicle meeting the definition of complete vehicle in 40 CFR 1037.801 when it is first sold as a vehicle. For example, where a vehicle manufacturer sells an incomplete vehicle to a secondary vehicle manufacturer, the vehicle is not a complete vehicle under this part, even after its final assembly.

Compression-ignition means relating to a type of reciprocating, internal-combustion engine that is not a spark-ignition engine. Note that § 1036.1 also deems gas turbine engines and other engines to be compression-ignition engines.

Crankcase emissions means airborne substances emitted to the atmosphere from any part of the engine crankcase's ventilation or lubrication systems. The crankcase is the housing for the crankshaft and other related internal parts.

Criteria pollutants means emissions of NOX, HC, PM, and CO.

Critical emission-related component has the meaning given in 40 CFR 1068.30.

Defeat device has the meaning given in § 1036.115(h).

Designated Compliance Officer means one of the following:

(1) For engines subject to compression-ignition standards, Designated Compliance Officer means Director, Diesel Engine Compliance Center, U.S. Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; [email protected]; www.epa.gov/ve-certification.

(2) For engines subject to spark-ignition standards, Designated Compliance Officer means Director, Gasoline Engine Compliance Center, U.S. Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; [email protected]; www.epa.gov/ve-certification.

Deteriorated emission level means the emission level that results from applying the appropriate deterioration factor to the official emission result of the emission-data engine. Note that where no deterioration factor applies, references in this part to the deteriorated emission level mean the official emission result.

Deterioration factor means the relationship between emissions at the end of useful life (or point of highest emissions if it occurs before the end of useful life) and emissions at the low-hour/low-mileage point, expressed in one of the following ways:

(1) For multiplicative deterioration factors, the ratio of emissions at the end of useful life (or point of highest emissions) to emissions at the low-hour point.

(2) For additive deterioration factors, the difference between emissions at the end of useful life (or point of highest emissions) and emissions at the low-hour point.

Diesel exhaust fluid (DEF) means a liquid reducing agent (other than the engine fuel) used in conjunction with selective catalytic reduction to reduce NOX emissions. Diesel exhaust fluid is generally understood to be an aqueous solution of urea conforming to the specifications of ISO 22241.

Dual-fuel means relating to an engine designed for operation on two different types of fuel but not on a continuous mixture of those fuels (see § 1036.601(d)). For purposes of this part, such an engine remains a dual-fuel engine even if it is designed for operation on three or more different fuels.

Electronic control module (ECM) means an engine's electronic device that uses data from engine sensors to control engine parameters.

Emergency vehicle has the meaning given in 40 CFR 1037.801.

Emission control system means any device, system, or element of design that controls or reduces the emissions of regulated pollutants from an engine.

Emission-data engine means an engine that is tested for certification. This includes engines tested to establish deterioration factors.

Emission-related component has the meaning given in 40 CFR part 1068, appendix A.

Emission-related maintenance means maintenance that substantially affects emissions or is likely to substantially affect emission deterioration.

Engine configuration means a unique combination of engine hardware and calibration (related to the emission standards) within an engine family, which would include hybrid components for engines certified as hybrid engines and hybrid powertrains. Engines within a single engine configuration differ only with respect to normal production variability or factors unrelated to compliance with emission standards.

Engine family has the meaning given in § 1036.230.

Excluded means relating to engines that are not subject to some or all of the requirements of this part as follows:

(1) An engine that has been determined not to be a heavy-duty engine is excluded from this part.

(2) Certain heavy-duty engines are excluded from the requirements of this part under § 1036.5.

(3) Specific regulatory provisions of this part may exclude a heavy-duty engine generally subject to this part from one or more specific standards or requirements of this part.

Exempted has the meaning given in 40 CFR 1068.30.

Exhaust gas recirculation means a technology that reduces emissions by routing exhaust gases that had been exhausted from the combustion chamber(s) back into the engine to be mixed with incoming air before or during combustion. The use of valve timing to increase the amount of residual exhaust gas in the combustion chamber(s) that is mixed with incoming air before or during combustion is not considered exhaust gas recirculation for the purposes of this part.

Family certification level (FCL) means a CO2 emission level declared by the manufacturer that is at or above emission results for all emission-data engines. The FCL serves as the emission standard for the engine family with respect to certification testing if it is different than the otherwise applicable standard.

Family emission limit (FEL) means one of the following:

(1) For NOX emissions, family emission limit means a NOX emission level declared by the manufacturer to serve in place of an otherwise applicable emission standard under the ABT program in subpart H of this part. The FEL serves as the emission standard for the engine family with respect to all required testing.

(2) For greenhouse gas standards, family emission limit means an emission level that serves as the standard that applies for testing individual certified engines. The CO2 FEL is equal to the CO2 FCL multiplied by 1.03 and rounded to the same number of decimal places as the standard.

Federal Test Procedure (FTP) means the applicable transient duty cycle described in § 1036.512 designed to measure exhaust emissions during urban driving.

Flexible-fuel means relating to an engine designed for operation on any mixture of two or more different types of fuels (see § 1036.601(d)).

Fuel type means a general category of fuels such as diesel fuel, gasoline, or natural gas. There can be multiple grades within a single fuel type, such as premium gasoline, regular gasoline, or gasoline with 10 percent ethanol.

Good engineering judgment has the meaning given in 40 CFR 1068.30. See 40 CFR 1068.5 for the administrative process we use to evaluate good engineering judgment.

Greenhouse gas means one or more compounds regulated under this part based primarily on their impact on the climate. This generally includes CO2, CH4, and N2O.

Greenhouse gas Emissions Model (GEM) means the GEM simulation tool described in 40 CFR 1037.520. Note that an updated version of GEM applies starting in model year 2021.

Gross vehicle weight rating (GVWR) means the value specified by the vehicle manufacturer as the maximum design loaded weight of a single vehicle, consistent with good engineering judgment.

Heavy-duty engine means any engine which the engine manufacturer could reasonably expect to be used for motive power in a heavy-duty vehicle. For purposes of this definition in this part, the term “engine” includes internal combustion engines and other devices that convert chemical fuel into motive power. For example, a gas turbine used in a heavy-duty vehicle is a heavy-duty engine.

Heavy-duty vehicle means any motor vehicle above 8,500 pounds GVWR. An incomplete vehicle is also a heavy-duty vehicle if it has a curb weight above 6,000 pounds or a basic vehicle frontal area greater than 45 square feet. Curb weight and basic vehicle frontal area have the meaning given in 40 CFR 86.1803-01.

Hybrid means an engine or powertrain that includes energy storage features other than a conventional battery system or conventional flywheel. Supplemental electrical batteries and hydraulic accumulators are examples of hybrid energy storage systems. Note that certain provisions in this part treat hybrid engines and hybrid powertrains intended for vehicles that include regenerative braking different than those intended for vehicles that do not include regenerative braking.

Hybrid engine means a hybrid system with features for storing and recovering energy that are integral to the engine or are otherwise upstream of the vehicle's transmission other than a conventional battery system or conventional flywheel. Supplemental electrical batteries and hydraulic accumulators are examples of hybrid energy storage systems. Examples of hybrids that could be considered hybrid engines are P0, P1, and P2 hybrids where hybrid features are connected to the front end of the engine, at the crankshaft, or connected between the clutch and the transmission where the clutch upstream of the hybrid feature is in addition to the transmission clutch(s), respectively. Note other examples of systems that qualify as hybrid engines are systems that recover kinetic energy and use it to power an electric heater in the aftertreatment.

Hybrid powertrain means a powertrain that includes energy storage features other than a conventional battery system or conventional flywheel. Supplemental electrical batteries and hydraulic accumulators are examples of hybrid energy storage systems. Note other examples of systems that qualify as hybrid powertrains are systems that recover kinetic energy and use it to power an electric heater in the aftertreatment.

Hydrocarbon (HC) has the meaning given in 40 CFR 1065.1001.

Identification number means a unique specification (for example, a model number/serial number combination) that allows someone to distinguish a particular engine from other similar engines.

Incomplete vehicle means a vehicle meeting the definition of incomplete vehicle in 40 CFR 1037.801 when it is first sold (or otherwise delivered to another entity) as a vehicle.

Innovative technology means technology certified under § 1036.610 (also described as “off-cycle technology”).

Liquefied petroleum gas (LPG) means a liquid hydrocarbon fuel that is stored under pressure and is composed primarily of nonmethane compounds that are gases at atmospheric conditions. Note that, although this commercial term includes the word “petroleum”, LPG is not considered to be a petroleum fuel under the definitions of this section.

Low-hour means relating to an engine that has stabilized emissions and represents the undeteriorated emission level. This would generally involve less than 300 hours of operation for engines with NOX aftertreatment and 125 hours of operation for other engines.

Manufacture means the physical and engineering process of designing, constructing, and/or assembling a heavy-duty engine or a heavy-duty vehicle.

Manufacturer has the meaning given in 40 CFR 1068.30.

Medium-duty passenger vehicle has the meaning given in 40 CFR 86.1803.

Mild hybrid means a hybrid engine or powertrain with regenerative braking capability where the system recovers less than 20 percent of the total braking energy over the transient cycle defined in appendix A of 40 CFR part 1037.

Model year means the manufacturer's annual new model production period, except as restricted under this definition. It must include January 1 of the calendar year for which the model year is named, may not begin before January 2 of the previous calendar year, and it must end by December 31 of the named calendar year. Manufacturers may not adjust model years to circumvent or delay compliance with emission standards or to avoid the obligation to certify annually.

Motorcoach means a heavy-duty vehicle designed for carrying 30 or more passengers over long distances. Such vehicles are characterized by row seating, rest rooms, and large luggage compartments, and facilities for stowing carry-on luggage.

Motor vehicle has the meaning given in 40 CFR 85.1703.

Natural gas means a fuel whose primary constituent is methane.

New motor vehicle engine has the meaning given in the Act. This generally means a motor vehicle engine meeting any of the following:

(1) A motor vehicle engine for which the ultimate purchaser has never received the equitable or legal title is a new motor vehicle engine. This kind of engine might commonly be thought of as “brand new” although a new motor vehicle engine may include previously used parts. Under this definition, the engine is new from the time it is produced until the ultimate purchaser receives the title or places it into service, whichever comes first.

(2) An imported motor vehicle engine is a new motor vehicle engine if it was originally built on or after January 1, 1970.

(3) Any motor vehicle engine installed in a new motor vehicle.

Noncompliant engine means an engine that was originally covered by a certificate of conformity, but is not in the certified configuration or otherwise does not comply with the conditions of the certificate.

Nonconforming engine means an engine not covered by a certificate of conformity that would otherwise be subject to emission standards.

Nonmethane hydrocarbon (NMHC) means the sum of all hydrocarbon species except methane, as measured according to 40 CFR part 1065.

Nonmethane hydrocarbon equivalent (NMHCE) has the meaning given in 40 CFR 1065.1001.

Nonmethane nonethane hydrocarbon equivalent (NMNEHC) has the meaning given in 40 CFR 1065.1001.

Off-cycle technology means technology certified under § 1036.610 (also described as “innovative technology”).

Official emission result means the measured emission rate for an emission-data engine on a given duty cycle before the application of any deterioration factor, but after the applicability of any required regeneration or other adjustment factors.

Owners manual means a document or collection of documents prepared by the engine or vehicle manufacturer for the owner or operator to describe appropriate engine maintenance, applicable warranties, and any other information related to operating or keeping the engine. The owners manual is typically provided to the ultimate purchaser at the time of sale. The owners manual may be in paper or electronic format.

Oxides of nitrogen has the meaning given in 40 CFR 1065.1001.

Percent has the meaning given in 40 CFR 1065.1001. Note that this means percentages identified in this part are assumed to be infinitely precise without regard to the number of significant figures. For example, one percent of 1,493 is 14.93.

Placed into service means put into initial use for its intended purpose, excluding incidental use by the manufacturer or a dealer.

Preliminary approval means approval granted by an authorized EPA representative prior to submission of an application for certification, consistent with the provisions of § 1036.210.

Primary intended service class has the meaning given in § 1036.140.

Rechargeable Energy Storage System (RESS) has the meaning given in 40 CFR 1065.1001.

Relating to as used in this section means relating to something in a specific, direct manner. This expression is used in this section only to define terms as adjectives and not to broaden the meaning of the terms.

Revoke has the meaning given in 40 CFR 1068.30.

Round has the meaning given in 40 CFR 1065.1001.

Sample means the collection of engines selected from the population of an engine family for emission testing. This may include testing for certification, production-line testing, or in-use testing.

Scheduled maintenance means adjusting, removing, disassembling, cleaning, or replacing components or systems periodically to keep a part or system from failing, malfunctioning, or wearing prematurely.

Small manufacturer means a manufacturer meeting the criteria specified in 13 CFR 121.201. The employee and revenue limits apply to the total number of employees and total revenue together for affiliated companies. Note that manufacturers with low production volumes may or may not be “small manufacturers”.

Spark-ignition means relating to a gasoline-fueled engine or any other type of engine with a spark plug (or other sparking device) and with operating characteristics significantly similar to the theoretical Otto combustion cycle. Spark-ignition engines usually use a throttle to regulate intake air flow to control power during normal operation.

Steady-state has the meaning given in 40 CFR 1065.1001. This includes fuel mapping and idle testing where engine speed and load are held at a finite set of nominally constant values.

Suspend has the meaning given in 40 CFR 1068.30.

Test engine means an engine in a sample.

Tractor means a vehicle meeting the definition of “tractor” in 40 CFR 1037.801, but not classified as a “vocational tractor” under 40 CFR 1037.630, or relating to such a vehicle.

Tractor engine means an engine certified for use in tractors. Where an engine family is certified for use in both tractors and vocational vehicles, “tractor engine” means an engine that the engine manufacturer reasonably believes will be (or has been) installed in a tractor. Note that the provisions of this part may require a manufacturer to document how it determines that an engine is a tractor engine.

Ultimate purchaser means, with respect to any new engine or vehicle, the first person who in good faith purchases such new engine or vehicle for purposes other than resale.

United States has the meaning given in 40 CFR 1068.30.

Upcoming model year means for an engine family the model year after the one currently in production.

U.S.-directed production volume means the number of engines, subject to the requirements of this part, produced by a manufacturer for which the manufacturer has a reasonable assurance that sale was or will be made to ultimate purchasers in the United States. This does not include engines certified to state emission standards that are different than the emission standards in this part.

Vehicle has the meaning given in 40 CFR 1037.801.

Vocational engine means an engine certified for use in vocational vehicles. Where an engine family is certified for use in both tractors and vocational vehicles, “vocational engine” means an engine that the engine manufacturer reasonably believes will be (or has been) installed in a vocational vehicle. Note that the provisions of this part may require a manufacturer to document how it determines that an engine is a vocational engine.

Vocational vehicle means a vehicle meeting the definition of “vocational” vehicle in 40 CFR 1037.801.

Void has the meaning given in 40 CFR 1068.30.

We (us, our) means the Administrator of the Environmental Protection Agency and any authorized representatives.

§ 1036.805 - Symbols, abbreviations, and acronyms.

Link to an amendment published at 89 FR 29765, Apr. 22, 2024.

The procedures in this part generally follow either the International System of Units (SI) or the United States customary units, as detailed in NIST Special Publication 811 (incorporated by reference in § 1036.810). See 40 CFR 1065.20 for specific provisions related to these conventions. This section summarizes the way we use symbols, units of measure, and other abbreviations.

(a) Symbols for chemical species. This part uses the following symbols for chemical species and exhaust constituents:

Table 1 to Paragraph (a) of § 1036.805—Symbols for Chemical Species and Exhaust Constituents

Symbol Species Ccarbon. CH4methane. CH4N2Ourea. COcarbon monoxide. CO2carbon dioxide. H2Owater. HChydrocarbon. NMHCnonmethane hydrocarbon. NMHCEnonmethane hydrocarbon equivalent. NMNEHCnonmethane nonethane hydrocarbon. NOnitric oxide. NO2nitrogen dioxide. NOXoxides of nitrogen. N2Onitrous oxide. PMparticulate matter.

(b) Symbols for quantities. This part uses the following symbols and units of measure for various quantities:

Table 2 to Paragraph (b) of § 1036.805—Symbols for Quantities

Symbol Quantity Unit Unit symbol Unit in terms of SI base units αatomic hydrogen-to-carbon ratiomole per molemol/mol1 ΑAreasquare meterm 2m 2βatomic oxygen-to-carbon ratiomole per molemol/mol1 CdΑdrag areameter squaredm 2m 2Crrcoefficient of rolling resistancenewton per kilonewtonN/kN10 3Ddistancemiles or metersmi or mm eefficiency Difference or error quantity Emass weighted emission resultgrams/ton-mileg/ton-mig/kg-km Effefficiency Emmass-specific net energy contentmegajoules/kilogramMJ/kgm 2·s 2fnangular speed (shaft)revolutions per minuter/minπ·30·s 1ggravitational accelerationmeters per second squaredm/s 2m·s 2iindexing variable kadrive axle ratio1 ktopgearhighest available transmission gear mMasspound mass or kilogramlbm or kgkg Mmolar massgram per moleg/mol10 3·kg·mol 1Mtotal number in a series Mvehicle masskilogramkgkg Mrotatinginertial mass of rotating componentskilogramkgkg Ntotal number in a series Qtotal number in a series PPowerkilowattkW10 3·m 2·kg·s 3ρmass densitykilogram per cubic meterkg/m 3m 3·kg rtire radiusmetermm SEEstandard error of the estimate σstandard deviation Ttorque (moment of force)newton meterN·mm 2·kg·s 2tTimesecondss Δttime interval, period, 1/frequencysecondss UFutility factor vSpeedmiles per hour or meters per secondmi/hr or m/sm·s 1WWorkkilowatt-hourkW·hr3.6·m 2·kg·s 1wCcarbon mass fractiongram/gramg/g1 wCH4N2Ourea mass fractiongram/gramg/g1 xamount of substance mole fractionmole per molemol/mol1 xbbrake energy fraction xblbrake energy limit

(c) Superscripts. This part uses the following superscripts for modifying quantity symbols:

Table 3 to Paragraph (c) of § 1036.805—Superscripts

Superscript Meaning overbar (such as y )arithmetic mean. overdot (such as y )quantity per unit time.

(d) Subscripts. This part uses the following subscripts for modifying quantity symbols:

Table 4 to Paragraph (d) of § 1036.805—Subscripts

Subscript Meaning 6565 miles per hour. AA speed. aabsolute (e.g., absolute difference or error). accaccessory. appapproved. axleaxle. BB speed. CC speed. Ccarbon mass. Ccombdrycarbon from fuel per mole of dry exhaust. CDcharge-depleting. CO2DEFCO2 resulting from diesel exhaust fluid decomposition. combcombustion. compcomposite. corcorrected. CScharge-sustaining. cyclecycle. Ddistance. DD speed. DEFdiesel exhaust fluid. engineengine. exhraw exhaust. frontfrontal. fuelfuel. H2OexhaustdryH2O in exhaust per mole of exhaust. hihigh. ian individual of a series. idleidle. inttest interval. jan individual of a series. kan individual of a series. mmass. maxmaximum. mappedmapped. measmeasured quantity. MYmodel year. negnegative. pospositive. Rrange. rrelative (e.g., relative difference or error). raterate (divided by time). ratedrated. recordrecord. refreference quantity. speedspeed. stallstall. testtest. tiretire. transienttransient. µvector. UFutility factor. vehiclevehicle.

(e) Other acronyms and abbreviations. This part uses the following additional abbreviations and acronyms:

Table 5 to Paragraph (e) of § 1036.805—Other Acronyms and Abbreviations

Acronym Meaning ABTaveraging, banking, and trading. AECDauxiliary emission control device. ASTMAmerican Society for Testing and Materials. BTUBritish thermal units. CDcharge-depleting. CFRCode of Federal Regulations. CIcompression-ignition. COVcoefficient of variation. CScharge-sustaining. DEFdiesel exhaust fluid. DFdeterioration factor. DOTDepartment of Transportation. E85gasoline blend including nominally 85 percent denatured ethanol. ECMElectronic Control Module. EGRexhaust gas recirculation. EPAEnvironmental Protection Agency. FCLFamily Certification Level. FELfamily emission limit. FTPFederal Test Procedure. GEMGreenhouse gas Emissions Model. g/hp·hrgrams per brake horsepower-hour. GPSglobal positioning system. GVWRgross vehicle weight rating. Heavy HDEheavy heavy-duty engine (see § 1036.140). Heavy HDVheavy heavy-duty vehicle (see 40 CFR 1037.140). Light HDElight heavy-duty engine (see § 1036.140). Light HDVlight heavy-duty vehicle (see 40 CFR 1037.140). LLCLow Load Cycle. LPGliquefied petroleum gas. Medium HDEmedium heavy-duty engine (see § 1036.140). Medium HDVmedium heavy-duty vehicle (see 40 CFR 1037.140). NARANational Archives and Records Administration. NHTSANational Highway Traffic Safety Administration. NTEnot-to-exceed. PEMSportable emission measurement system. RESSrechargeable energy storage system. SCRselective catalytic reduction. SEEstandard error of the estimate. SETSupplemental Emission Test. Spark-ignition HDEspark-ignition heavy-duty engine (see § 1036.140). SIspark-ignition. ULuseful life. U.SUnited States. U.S.CUnited States Code.

(f) Constants. This part uses the following constants:

Table 6 to Paragraph (f) of § 1036.805—Constants

Symbol Quantity Value ggravitational constant9.80665 m·s 2. Rmolar gas constant8.314472 J/(mol·K) (m 2·kg·s 2·mol 1·K 1).

(g) Prefixes. This part uses the following prefixes to define a quantity:

Table 7 to Paragraph (g) of § 1036.805—Prefixes

Symbol Quantity Value µmicro10 6mmilli10 3ccenti10 2kkilo10 3Mmega10 6

§ 1036.810 - Incorporation by reference.

Link to an amendment published at 89 FR 29765, Apr. 22, 2024.

Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, EPA must publish a document in the Federal Register and the material must be available to the public. All approved incorporation by reference (IBR) material is available for inspection at EPA and at the National Archives and Records Administration (NARA). Contact EPA at: U.S. EPA, Air and Radiation Docket Center, WJC West Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC 20004; www.epa.gov/dockets; (202) 202-1744. For information on inspecting this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email [email protected]. The material may be obtained from the following sources:

(a) ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; (877) 909-2786; www.astm.org.

(1) ASTM D975-22, Standard Specification for Diesel Fuel, approved October 1, 2022 (“ASTM D975”); IBR approved for § 1036.415(c).

(2) ASTM D3588-98 (Reapproved 2017)e1, Standard Practice for Calculating Heat Value, Compressibility Factor, and Relative Density of Gaseous Fuels, approved April 1, 2017 (“ASTM D3588”); IBR approved for § 1036.550(b).

(3) ASTM D4809-18, Standard Test Method for Heat of Combustion of Liquid Hydrocarbon Fuels by Bomb Calorimeter (Precision Method), approved July 1, 2018 (“ASTM D4809”); IBR approved for § 1036.550(b).

(4) ASTM D4814-21c, Standard Specification for Automotive Spark-Ignition Engine Fuel, approved December 15, 2021 (“ASTM D4814”); IBR approved for § 1036.415(c).

(5) ASTM D7467-20a, Standard Specification for Diesel Fuel Oil, Biodiesel Blend (B6 to B20), approved June 1, 2020 (“ASTM D7467”); IBR approved for § 1036.415(c).

(b) National Institute of Standards and Technology (NIST), 100 Bureau Drive, Stop 1070, Gaithersburg, MD 20899-1070; (301) 975-6478; www.nist.gov.

(1) NIST Special Publication 811, 2008 Edition, Guide for the Use of the International System of Units (SI), Physics Laboratory, March 2008; IBR approved for § 1036.805.

(2) [Reserved]

(c) SAE International, 400 Commonwealth Dr., Warrendale, PA 15096-0001; (877) 606-7323 (U.S. and Canada) or (724) 776-4970 (outside the U.S. and Canada); www.sae.org:

(1) SAE J1979-2 APR2021, E/E Diagnostic Test Modes: OBDonUDS, Issued April 2021, (“SAE J1979-2”); IBR approved for § 1036.150(v).

(2) [Reserved]

(d) State of California, Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339; 916-323-6815; [email protected]; www.oal.ca.gov/publications/ccr.

(1) 2019 13 CCR 1968.2, Title 13. Motor Vehicles, Division 3. Air Resources Board, Chapter 1. Motor Vehicle Pollution Control Devices, Article 2. Approval of Motor Vehicle Pollution Control Devices (New Vehicles), § 1968.2. Malfunction and Diagnostic System Requirements—2004 and Subsequent Model-Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles and Engines, operative October 3, 2019 “13 CCR 1968.2”; into §§ 1036.110(b); 1036.111(a).

(2) 2019 13 CCR 1968.5, Title 13. Motor Vehicles, Division 3. Air Resources Board, Chapter 1. Motor Vehicle Pollution Control Devices, Article 2. Approval of Motor Vehicle Pollution Control Devices (New Vehicles), § 1968.5. Enforcement of Malfunction and Diagnostic System Requirements for 2004 and Subsequent Model-Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles and Engines, operative July 25, 2016 “13 CCR 1968.5”; into § 1036.110(b).

(3) 2019 13 CCR 1971.1, Title 13. Motor Vehicles, Division 3. Air Resources Board, Chapter 1. Motor Vehicle Pollution Control Devices, Article 2. Approval of Motor Vehicle Pollution Control Devices (New Vehicles), § 1971.1. On-Board Diagnostic System Requirements—2010 and Subsequent Model-Year Heavy-Duty Engines, operative October 3, 2019 “13 CCR 1971.1”; into §§ 1036.110(b); 1036.111(a); 1036.150(v).

(4) 13 CA ADC 1971.5: 2019 CA REG TEXT 504962 (NS), 13 CA ADC 1971.5. Enforcement of Malfunction and Diagnostic System Requirements for 2010 and Subsequent Model-Year Heavy-Duty Engines, operative October 3, 2019 “13 CCR 1971.5”; into § 1036.110(b).

§ 1036.815 - Confidential information.

Link to an amendment published at 89 FR 29765, Apr. 22, 2024.

(a) The provisions of 40 CFR 1068.10 and 1068.11 apply for information you submit under this part.

(b) Emission data or information that is publicly available cannot be treated as confidential business information as described in 40 CFR 1068.11. Data that vehicle manufacturers need for demonstrating compliance with greenhouse gas emission standards, including fuel-consumption data as described in § 1036.535 and 40 CFR 1037.550, also qualify as emission data for purposes of confidentiality determinations.

§ 1036.820 - Requesting a hearing.

(a) You may request a hearing under certain circumstances, as described elsewhere in this part. To do this, you must file a written request, including a description of your objection and any supporting data, within 30 days after we make a decision.

(b) For a hearing you request under the provisions of this part, we will approve your request if we find that your request raises a substantial factual issue.

(c) If we agree to hold a hearing, we will use the procedures specified in 40 CFR part 1068, subpart G.

§ 1036.825 - Reporting and recordkeeping requirements.

(a) This part includes various requirements to submit and record data or other information. Unless we specify otherwise, store required records in any format and on any media and keep them readily available for eight years after you send an associated application for certification, or eight years after you generate the data if they do not support an application for certification. We may review these records at any time. You must promptly give us organized, written records in English if we ask for them. We may require you to submit written records in an electronic format.

(b) The regulations in § 1036.255 and 40 CFR 1068.25 and 1068.101 describe your obligation to report truthful and complete information. This includes information not related to certification. Failing to properly report information and keep the records we specify violates 40 CFR 1068.101(a)(2), which may involve civil or criminal penalties.

(c) Send all reports and requests for approval to the Designated Compliance Officer (see § 1036.801).

(d) Any written information we require you to send to or receive from another company is deemed to be a required record under this section. Such records are also deemed to be submissions to EPA. Keep these records for eight years unless the regulations specify a different period. We may require you to send us these records whether or not you are a certificate holder.

(e) Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Office of Management and Budget approves the reporting and recordkeeping specified in the applicable regulations. The following items illustrate the kind of reporting and recordkeeping we require for engines and vehicles regulated under this part:

(1) We specify the following requirements related to engine certification in this part:

(i) In § 1036.135 we require engine manufacturers to keep certain records related to duplicate labels sent to vehicle manufacturers.

(ii) In § 1036.150 we include various reporting and recordkeeping requirements related to interim provisions.

(iii) In subpart C of this part we identify a wide range of information required to certify engines.

(iv) In §§ 1036.430 and 1036.435 we identify reporting and recordkeeping requirements related to field testing in-use engines.

(v) In subpart G of this part we identify several reporting and recordkeeping items for making demonstrations and getting approval related to various special compliance provisions.

(vi) In §§ 1036.725, 1036.730, and 1036.735 we specify certain records related to averaging, banking, and trading.

(2) We specify the following requirements related to testing in 40 CFR part 1065:

(i) In 40 CFR 1065.2 we give an overview of principles for reporting information.

(ii) In 40 CFR 1065.10 and 1065.12 we specify information needs for establishing various changes to published procedures.

(iii) In 40 CFR 1065.25 we establish basic guidelines for storing information.

(iv) In 40 CFR 1065.695 we identify the specific information and data items to record when measuring emissions.

(3) We specify the following requirements related to the general compliance provisions in 40 CFR part 1068:

(i) In 40 CFR 1068.5 we establish a process for evaluating good engineering judgment related to testing and certification.

(ii) In 40 CFR 1068.25 we describe general provisions related to sending and keeping information

(iii) In 40 CFR 1068.27 we require manufacturers to make engines available for our testing or inspection if we make such a request.

(iv) In 40 CFR 1068.105 we require vehicle manufacturers to keep certain records related to duplicate labels from engine manufacturers.

(v) In 40 CFR 1068.120 we specify recordkeeping related to rebuilding engines.

(vi) In 40 CFR part 1068, subpart C, we identify several reporting and recordkeeping items for making demonstrations and getting approval related to various exemptions.

(vii) In 40 CFR part 1068, subpart D, we identify several reporting and recordkeeping items for making demonstrations and getting approval related to importing engines.

(viii) In 40 CFR 1068.450 and 1068.455 we specify certain records related to testing production-line engines in a selective enforcement audit.

(ix) In 40 CFR 1068.501 we specify certain records related to investigating and reporting emission-related defects.

(x) In 40 CFR 1068.525 and 1068.530 we specify certain records related to recalling nonconforming engines.

(xi) In 40 CFR part 1068, subpart G, we specify certain records for requesting a hearing.

Appendix A - Appendix A of 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 86.007-11 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:

Table 1 of Appendix A—Early Steady-State Emission Standards for Heavy-Duty Engines

Model year Fuel Pollutant HC NOX + HC CO 1970-1973gasoline275 ppm1.5 volume percent. 1974-1978gasoline and diesel16 g/hp·hr40 g/hp·hr. 1979-1984 agasoline and diesel5 g/hp·hr for diesel; 5.0 g/hp·hr for gasoline25 g/hp·hr.

a An optional NOX + HC standard of 10 g/hp·hr applied in 1979 through 1984 in conjunction with a separate HC standard of 1.5 g/hp·hr.

(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 NOX and NOX + NMHC standards. Table 2 to this appendix follows:

Table 2 of Appendix A—Transient Emission Standards for Spark-Ignition Engines a b

Model year Pollutant
(g/hp·hr)
HC CO NOXNOX + NMHC 1985-19871.114.410.6 1988-19901.114.46.0 1991-19971.114.45.0 1998-2004 c1.114.44.0 2005-200714.4d 1.0

a Standards applied only for gasoline-fueled engines through model year 1989. Standards started to apply for methanol in model year 1990, and for LPG and natural gas in model year 1998.

b Engines intended for installation only in heavy-duty vehicles above 14,000 pounds GVWR were subject to an HC standard of 1.9 g/hp·hr for model years 1987 through 2004, and a CO standard of 37.1 g/hp·hr for model years 1987 through 2007. In addition, for model years 1987 through 2007, up to 5 percent of a manufacturer's sales of engines intended for installation in heavy-duty vehicles at or below 14,000 pounds GVWR could be certified to the alternative HC and CO standards.

c For natural gas engines in model years 1998 through 2004, the NOX standard was 5.0 g/hp·hr; the HC standards were 1.7 g/hp·hr for engines intended for installation only in vehicles above 14,000 pounds GVWR, and 0.9 g/hp·hr for other engines.

d Manufacturers could delay the 1.0 g/hp·hr NOX + NMHC standard until model year 2008 by meeting an alternate NOX + NMHC standard of 1.5 g/hp·hr applied for model years 2004 through 2007.

(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 NOX, NOX + NMHC, and PM standards. Table 3 to this appendix follows:

Table 3 of Appendix A—Transient Emission Standards for Compression-Ignition Engines a

Model year Pollutant
(g/hp·hr)
HC CO NOXNOX + NMHC PM 1985-19871.315.510.7 1988-19891.315.510.70.60 19901.315.56.00.60 1991-19921.315.55.00.25 19931.315.55.00.25 truck, 0.10 bus. 1994-19951.315.55.00.10 truck, 0.07 urban bus. 1996-19971.315.55.00.10 truck, 0.05 urban bus. b1998-20031.315.54.00.10 truck, 0.05 urban bus. b2004-200615.5c 2.40.10 truck, 0.05 urban bus. b

a Standards applied only for diesel-fueled engines through model year 1989. Standards started to apply for methanol in model year 1990, and for LPG and natural gas in model year 1997. An alternate HC standard of 1.2 g/hp·hr applied for natural gas engines for model years 1997 through 2003.

b The in-use PM standard for urban bus engines in model years 1996 through 2006 was 0.07 g/hp·hr.

c An optional NOX + NMHC standard of 2.5 g/hp·hr applied in 2004 through 2006 in conjunction with a separate NMHC standard of 0.5 g/hp·hr.

Appendix B - Appendix B of Part 1036—Transient Duty Cycles

(a) This appendix specifies transient test intervals and duty cycles for the engine and powertrain testing described in §§ 1036.512 and 1036.514, as follows:

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

(2) The transient test intervals and duty cycles 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, Prated, determined in § 1036.520 and road grade coefficients using the following equation: Road grade = a · P 2rated + b · Prated + c

(3) The operating schedules in this appendix in some cases eliminate repetitive information by omitting 1 Hz records where there is no change in values. Perform testing by continuing to operate at the last specified values until the operating schedule shows a change in values. The official operating schedule for testing, cycle validation, and other purposes includes both the specified and omitted values.

(b) The following transient test interval applies for spark-ignition engines and powertrains when testing over the duty cycle specified in § 1036.512:

Table 1 of Appendix B—Transient Test Interval for Spark-Ignition Engines and Powertrains Under § 1036.512

(c) The following transient test interval applies for compression-ignition engines and powertrains when testing over the duty cycle specified in § 1036.512:

Table 2 of Appendix B—Transient Test Interval for Compression-Ignition Engines and Powertrains Under § 1036.512

(d) The following transient duty cycle applies for compression-ignition engines and powertrains when testing under § 1036.514:

Table 3 of Appendix B—Transient Duty Cycle for Compression-Ignition Engines and Powertrains Under § 1036.514

Appendix C - Appendix C of Part 1036—Default Engine Fuel Maps for § 1036.540

GEM contains the default steady-state fuel maps in this appendix for performing cycle-average engine fuel mapping as described in § 1036.505(b)(2). Note that manufacturers have the option to replace these default values in GEM if they generate a steady-state fuel map as described in § 1036.535(b).

(a) Use the following default fuel map for compression-ignition engines that will be installed in Tractors and Vocational Heavy HDV:

Table 1 of Appendix C—Default Fuel Map for Compression-Ignition Engines Installed in Tractors and Vocational Heavy HDV

(b) Use the following default fuel map for compression-ignition engines that will be installed in Vocational Light HDV and Vocational Medium HDV:

Table 2 of Appendix C—Default Fuel Map for Compression-Ignition Engines Installed in Vocational Light HDV and Vocational Medium HDV

(c) Use the following default fuel map for all spark-ignition engines:

Table 3 of Appendix C—Default Fuel Map for Spark-Ignition Engines