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Page 1 of 54 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 85, 86, 1036 , 1037 , 1039, 1042, 1048, 1054, 1065 , 1066 , 1068 [EPA
- HQ
- OAR
- 2012
- 0102 ] RIN 2060
- AR48 Heavy
- Duty Engine and Vehicle , and Nonroad Technical Amendments AGENC Y : Environmental Protection Agency (EPA)

. ACTION: Notice of proposed r ule making

. SUMMARY: EPA is proposing to amend provisions in the Medium

- and Heavy

- Duty Greenhouse Gas Emissions and Fuel Efficiency final rule issued on September 15, 2011 (76 FR 57106)

. These proposed amendments would elimi nate duplicative reporting requirements, reduce inadvertent minor differences between the EPA and NHTSA programs regarding such matters as voluntary early model year compliance, better align testing procedures to market realities, and reduce unnecessary te sting burdens

. EPA is also proposing to amend several regulations by: (1) adjusting the provisions of the replacement engine exemption, (2) expanding EPA’s discretion to allow greater flexibility under the Transition Program for Equipment Manufacturers related to the Tier 4 standards for nonroad diesel engines, (3) specify ing multiple versions of the applicable SAE standard for demonstrating that fuel lines for nonroad spark

- ignition engines above 19 kilowatts meet permeation requirements, and (4) allowing for the use of the ethanol

based test fuel specified by the Californ ia Air Resources Board for nonroad spark

ignition engines at or below 19 kilowatts. DATES: Comments on all aspects of this proposal must be received on or before [ insert
date 3 0 da ys after publication in the FEDERAL REGISTER] . See theEO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 2 of 54 SUPPLEMENTARY INFOR MATION section on “Public Participation” for more information about written comments. ADDRESSES: Submit your comments, identified by Docket ID No. EPA

- HQ

- OAR

2012

- 0102 , by one of the following methods: www.regulations.gov : Follow the on

- line instructions for submitting comments.
Email: a - and

- r - docket@epa.gov
Fax: (202) 566

- 9744
Mail: Environmental Protection Agency, Air Docket, Mail

- code 6102T, 1200 Pennsylva nia Ave., NW, Washington, DC 20460. Hand Delivery: EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW, Washington, DC, Attention Docket ID No. EPA

- HQ

- OAR

2012

- 0102

. Such deliveries are only accepted during the Docket’s normal ho urs of operation, and special arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA

- HQ

- OAR

- 2012

- 0102

. See the SUPPLEMENTARY INFORMATION section on “Public Participation” for additional instructions on submitting written comments. Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., information claimed as Confidential Business Information (CBI ) or other information whose disclosure is restricted by statute. Certain other material, such as copyrig hted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at theEO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 3 of 54 EPA Docket Center, EPA/DC, EPA Wes t, Room 3334, 1301 Constitution Ave., NW, 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: Angela Cullen, Environmental Protection Agency, Office of Transportation and Air Quality, Assessment and Standards Division, 2000 Traverwood Drive, Ann Arbor, Michigan 48105; te lephone nu mber: 734

- 214

- 4419; email address: cullen.angela@epa.gov.
I. SUPPLEMENTARY INFORMATION A. Does This Action Apply to Me? This proposed action would affect companies that manufacture, sell, or import into the United States new heavy

- duty engines and new Class 2b through 8 vehicle s, including combination tractors, school and transit buses, vocational vehicles such as utility service trucks, as well as 3⁄4

- ton and 1

- ton pickup trucks and vans. The heavy

- duty category incorporates all motor vehicles with a g ross vehicle weight rating of 8,500 pounds or greater, and the engines that power them, except for medium

- duty passenger vehicles already covered by the greenhouse gas emissions standards and corporate average fuel economy standards issued for light

- duty m odel year 2012

- 2016 vehicles. This proposed action also would affect nonroad engine manufacturers

. Regulated categories and entities would include the following:EO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 4 of 54 Category NAICS Code a Examples of Potentially Affected Entities Industry 336111 Motor Vehicle Manufacturers, Engine and Truck Manufacturers 336112 333618 336120 Industry 541514 Commercial Importers of Vehicles and Vehicle Components 811112 811198 Industry 336111 Alternative Fuel Vehicle Converters 336112 422720 454312 541514 541690 811198 336510 Industry 811310 Engine Repair, Remanufacture, and Maintenance Note:
a North American Industry Classification System (NAICS) This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely covered by th is proposed rule. This table lists the types of entities that the agenc y is aware may be regulated by this proposed action. Other types of entities not listed in the table could also be regulated. To determ ine whether your activities would be regulated by this proposed action, you should carefully examine the applicability criteria in the referenced regulations. You may direct questions regarding the applicability of this proposed action to the person liste d in the preceding FOR FURTHER INFORMATION CONTACT section.
B. What Should I Consider as I Prepare My Comments? Direct your comments to Docket ID No

. EPA
- HQ
- OAR
- 2012
- 0102

. EPA’s policy is that all comments received will be included in the public docket without changeEO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 5 of 54 and may be made available online at www.regulations.gov , including any personal information provided, unless the comment includes information claimed to be
Con fidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or e - mail. The www.regulations.gov website is

an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e

- mail comment directly to EPA without going through www.regulations.gov your e - mail address wi ll be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the bo dy of your comment and with any disk or CD

- ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of
spec ial characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA’s public docket visit the EPA Docket Center homepage

at http://www.epa.gov/epahome/dockets.htm

. (1) Tips for Preparing Your Comments When su bmitting comments, remember to : Identify the rulemaking by docket number and other identifying information (subject heading, Federal Register date and page number).EO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 6 of 54 Follow directions

- The agency may ask you to respond to specific questions or organize com ments by referencing a Code of Federal Regulations (CFR) part or section number. Explain why you agree or disagree, suggest alternatives, and substitute language for your requested changes. Describe any assumptions and provide any technical information and /or data that you used. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. Provide specific examples to illustrate your concerns, and suggest alternatives. Explain you r views as clearly as possible, avoiding the use of profanity or personal threats. Make sure to submit your comments by the comment period deadline identified in the DATES section above. (2) How D o I Submit Confidential Business Information? Do not submit CBI to EPA through www.regulations.gov or e - mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically with in the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitte d for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR p art 2.EO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 7 of 54 (3) Will the Agenc y Consider Late Comments? EPA will consider all comments received before the close of business on the comment closing date indicated above under DATES . To the extent practicable, we will also consider comments received after that date. If interested persons believe that any new information the agency places in the docket affects their comments, t hey may submit comments after the closing date concerning how the agency should consider that information for the final rule. However, the agenc y ’ s ability to consider any such late comments in this rulemaking will be limited due to the time frame for iss uing the final rule. If a comment is received too late for us to practicably consider in developing the final rule, we will consider that comment as an informal suggestion for future rulemaking action. (4) How Can I Read the Comments Submitted by Other People ? You may read the materials placed in the docket s for this document ( e.g ., the comments submitted in response to this document by other interested persons) at any time by going to http://www.regulations.gov . Follow the online instructions for accessing the dockets. You may also read the materials at the EPA Docket Center by going to the street addresses given above under ADDRESSES

. II. Direct Final Rule
In addition to this notice of proposed rulemaking, EPA is a lso publishing a Direct Final Rule (DFR) addressing provisions described in Section s I II and I V of this document. We are doing this to expedite the regulatory process to allow the amendments to occur as soon as possible. However, if we receive relevant a dverse comment onEO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 8 of 54 distinct elements of any of the provisions in this proposal by [ insert date 30 da ys after publication in the FEDERAL REGISTER] , we will publish a timely withdrawal in the Federal Register indicating which provisions we are withdrawing. Any provisions of the DFR that are not withdrawn will become effective on [ insert date 60 da ys after publication in the FEDERAL REGISTER] , notwithstanding adverse comment on any other provision. We will address all public comments in the final rule based on this proposed rule.
As noted above, EPA is publishing the DFR to expedite the regulatory process to allow engine and vehicle certifications and engine replacements to occur as soon as possible according to the clarified regulations

. We request that co mmenters identify in your comments any portions of the proposed action described in Section s III and IV below with which you agree and support as proposed, in addition to any comments regarding suggestions for improvement or provisions with which you disag ree. In the case of a comment that is otherwise unclear whether it is adverse, EPA would interpret relevant comments calling for more flexibility or less restrictions for engines or vehicles as supportive of the direct final rule. In this way, EPA will b e able to adopt those elements of the DFR that are fully supported and most needed today, while considering and addressing any adverse comments received on the proposed rule, in the course of developing the final rule. See the DFR for the regulatory text associated with this proposal. Note that Docket Number EPA

– HQ

– OAR

– 201 2

– 0102 is being used for both the DFR and this NPRM

.EO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 9 of 54 III. Proposed Amendments to the Heavy
- Duty Engine and Vehicle Greenhouse Gas Emission Standards Rule EPA and the National Highway Traffic Safety Administration (NHTSA) developed the first

- ever program to reduce greenhouse gas (GHG) emissions and fuel consumption in the heavy

- duty (HD) highway vehicle sector. The rulemaking developed as a single, national program with both EPA and NHTSA promulgating complementary standards that allow manufacturers to build one set of vehicles to comply with both agencies’ regulations. This broad heavy

- duty sector

– ranging fro m large pickups to sleeper

- cab tractors

– together represent the second largest contributor to oil consumption and GHG emissions from the mobile source sector, after light

- duty passenger cars and trucks. The final rule was published in the Federal Registe r on September 15, 2011 (76
FR 57106 ). A. Background of the HD GHG and Fuel Efficiency Standards and Amendments EPA’s GHG standards and NHTSA’s fuel consumption standards apply to manufacturers of the following types of heavy

- duty vehicles and their engines: Heavy

- duty Pickup Trucks and Vans
Combination Tractors
Vocational Vehicles The rules include separate standards for the engines that power combination tractors and vocational vehicles. Certain parts of the program are exclusive to EPA ’s GHG standards

. These include EPA’s final hydrofluorocarbon standards to control leakage from air conditioning systems in combination tractors and in pickup trucks and

vans. Also exclusive to the EPA rules are standards for nitrous oxide ( N 2 O ) and methaneEO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 10 of 54 ( CH 4 ) emissions standards that apply to all heavy

- duty engines and to pickup trucks and

vans. EPA’s final greenhouse gas emission standards for heavy

- duty vehicles under the Clean Air Act will begin with model year 2014. NHTSA’s final fuel consumption standards under the Energy Independence and Security Act of 2007 will be voluntary in model years 2014 and 2015, becoming mandatory with model year 2016 for most regulatory categories. Both agencies allow manufacturers to comply early in model year 2013 and promote early compliance by providing incentives to do so

. The agencies estimate that the combined standards will reduce CO 2 emissions by approximately 270 million metric tons and save 530 million barrels of oil over the life of vehicles sold during the 2014 through 2 018 model years, providing over $7 billion in net societal benefits, and $49 billion in net societal benefits when private fuel savings are considered. See 76 FR 57111. In the final rulemaking, EPA established all

- new regulation s in 40 CFR parts 1036, 103 7, and 1066. EPA also included changes to existing regulations in 40 CFR
pa rts 85, 86, 1039, 1065, and 1068

. Similarly, NHTSA modified its existing regulations in 49 CFR parts 523 and 534, and established an all

- new regulation in 49 CFR part 535. Afte r publication of the heavy

- duty rule, EPA and NHTSA began an extensive outreach effort to aid in the rule’s implementation. For example, EPA and NHTSA held public workshop s on November 3, 2011 and August 10, 2012 . In the course of these efforts, the agencies received a series of comments on specific aspects of the rules andEO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 11 of 54 prepared question and answer responses. 1 In some cases, it became clear that minor changes to the rules would better clarify the rule’s intent, or amend the rule to make it

more e ffective. The amendments proposed in this rule are largely based on these implementation discussions. The proposed revisions related to the heavy

- duty GHG emissions regulations in this proposal are unique to EPA’s regulations . Thus, this section is fur ther divided into subsections related to specific part s of the Code of Federal Regulations

. B. Proposed Amendments to the Heavy
- Duty GHG Regulations The following proposed amendments correct minor, technical inconsistencies and add clarifications to the cur rent regulatory text. EPA proposes to amend 40 CFR parts 85, 86, 1036, 1037, 1065, and 1066 to correct typographical errors, clarify test procedures and certification procedures, and correct the regulations to make them consistent with the intent expresse d in the preamble to the final rules (76 FR 57106). A comparison of the original and proposed regulatory text is provided in a memorandum to the docket for this rulemaking. 2 (1) Proposed Regulatory Changes to 40 CFR Part 1036
EPA proposes to amend portions o f the regulations in 40 CFR part 1036 , as described below

.

1 See U.S. EPA website at http://www.epa.gov/otaq/climate/regs

- heavy

- duty.htm

.
2 Hicks, M. and A. Cullen. Memorandum to Docket EPA

- HQ

- OAR

- 2012

- 0102. Heavy

- Duty Engine and Vehicle Greenhouse Gas Emissions and Fuel Consumption Regulatory Changes. March 2013.EO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 12 of 54 Hybrid Testing: §§ 1036.525 and 1036.615 specify requirements for testing hybrid engines and engines with Rankine cycle waste heat recovery. The regulatory text includes references for testing “post

- transmission” and “pre

transmission” hybrid systems in these sections. In a pre

- transmission hybrid, the energy from both the engine and motor is input into the drive shaft prior to the transmission. In a post

- transmission hybrid, the engine energy is input into the drive shaft prior to the transmission, but the motor energy is input into the drive shaft after the transmission. Since post

- transmission hybrid architecture is incompatible with engine testing, EPA proposes to remove the reference to p ost

transmissions systems in the hybrid engine test requirements in 40 CFR part
1036. 40 CF R 1037.525, 1037.550, and 1037.615 include requirements for testing post

- transmission hybrids using a vehicle test. EPA anticipates that there would be no impact o n manufacturers by the deletion of this text, since the vehicle test procedures are the correct approaches for manufacturers to test post

transmission systems and are already in the regulation text.
EPA proposes to revise §§ 1036.5, 1036.150, and 1036.615 to address typographical issues to correct regulatory citations within the regulations.
EPA proposes to correct § 1036.150(g)(2) and (3) to change the assigned additive deterioration factor ( DF ) for nitrous oxide ( N 2 O ) and methane ( CH 4 ) emissions from 0.02 to 0.020 g/hp

- hr to account for the appropriate number of significant digits

.EO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 13 of 54 EPA proposes to amend § 1036.225 to clarify that the CO 2 family emission limit ( FEL ) is not required on the emission control information ( ECI ) label according to the provisions in § 1036.135.
EPA proposes to clarify that the CH 4 and N 2 O emission standards apply to all testable configurations in § 1036.205.
EPA proposes to add a definition of “preliminary approval” to § 1036.801.

(2) Proposed Regulatory Changes to 40 CFR Part 1037
EPA also proposes to revise portions of the regulations in 40 CFR part 103 7 to correct technical errors and provide additional clarity in the regulations

. (a) Hybrid Testing Sections 1037. 525, 1037.550, and 1037.615 describe or reference the procedure to be used for testing hybrid vehicles with power take off (PTO) devices on a whole vehicle
test

. Both pre - and post

- transmission hybrid architectures can be used with power take off (PTO) devices. The current rule text states that manufacturers could test po st

transmission hybrids on the whole vehicle test procedure to quantify CO 2 and fuel consumption improvement s resulting from running PTO equipment, but inadvertently excluded pre

- transmission hybrid architecture from being tested on a whole vehicle test. Since PTO devices can also be used in hybrid vehicles with pre

- transmission architecture, EPA is proposing to amend the language to allow these pre

- transmission hybrid vehicles with PTO to be tested on the whole vehicle test procedure.EO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 14 of 54 (b) Advanced Technolog ies Improvement Factor Section 1037.615 describe s the procedure for measuring CO 2 improvements from vehicles with hybrid and other advanced technologies (s uch as R ankine engines, electric vehicles and fuel cell vehicles ), in order to generate advanced technology credits. 3
Section 1037.615 specifies how manufacturers can m easure the effectiveness of the advanced system by chassis

- testing a vehicle equipped with the advanced system and an equivalent conventional vehicle using the test procedures in 40 CF R part 1037 , s ubpart F

. The effectiveness of the advanced system is calculated by measuring the CO 2 output from chassis tests of the vehicle with the advanced system and an equivalent conventional vehicle, thereby obtaining the relative marginal improvem ent between the two vehicles (the “ improvement f actor” ). The “ b enefit” associated with the advanced system is then calculated by multiplying the G reenhouse Gas Emissions Model (GEM) result for the vehicle with advanced technology by the dimensionless impr ovement factor. The benefit is then converted to advanced technology credits in a model year for each vehicle family within an averaging set

. The final rule specified the procedure for applying an improvement factor in simulating a chassis test with a po st

- transmission hybrid system for A to B testing ( § 1037.550 ), but did not allow the improvement factor to be applied to multiple vehicle configurations having the same advanced technology ( § 1037.615 ). The post

-

3 Advanced technology credits may be increased by a 1.5 multiplier and applied to any heavy

- duty vehicle or engine subcategory with certain maximum limits applying. See 40 CFR 1036.740 , 103 7 .740 and 49 CFR 535.7(e) for description of advanced technology credit prog r am .EO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 15 of 54 transmission system test procedure specifica lly allows the application of an improvement factor or test results to multiple vehicle configurations, as long as the values used for the calculations “represent the vehicle configuration with the smallest potential reduction in greenhouse gas emissions a s a result of the hybrid capability” and are consistent with good engineering judgement. EPA proposes to amend the regulatory text that describes the measurement of advanced technology improvement to include this specification as well. EPA proposes to r evise § 1037.615 to allow manufacturers to generate advanced technology credits from multiple heavy

- duty vehicle configurations within a vehicle family group by testing a single vehicle of that group, provided the vehicle tested has the smallest potential reduction in fuel consumption of the vehicles with advanced technology capability. EPA anticipates that this proposed change may reduce testing and

re porting costs for manufacturers while still allowing flexibility in choosing t o test additional configurations within the family group . By limiting the use of this testing option to vehicles with the smallest potential reduction in emissions (or fuel consumption), emission reductions would not be compromised. (c) Optional Certificatio n for Up to Class 6 Spark

- Ignition Engine Vehicles Heavy

- duty pickup trucks and vans are pickup trucks and vans with a gross vehicle weight rating between 8,501 pounds and 14,000 pounds (Class 2b through 3 vehicles) manufactured as complete vehicles by a s ingle or final stage manufacturer or manufactured as incomplete vehicles as designated by a manufacturer. Under the GHG rule, these vehicles are certified on a chassis dynamometer test, as opposed to the GEM simulation tool used to certify the vocational and tractor categories. NHTSA’s currentEO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 16 of 54 regulations allow Classes 4 and 5 spark

- ignition vehicles the option of certifying on a chassis dynamometer test, as those vehicles may have more similar characteristics to a Class 2b

- 3 pickup or van than they do ot her vehicles in their class. At the time of the final rule, NHTSA was unaware of any higher class spark ignition vehicles that would be similarly appropriate to test on a chassis dynamometer. EPA’s current regulations allow spark

- ignition vehicles of all classes the option of certifying on a chassis dynamometer
test. 4 This proposed amendment would align the regulatory texts by closing the current gap between NHTSA and EPA’s optional certification provisions. EPA therefore proposes to allow manufacturers of complete or cab

- complete vehicles up to and including Class 6 that have spark

- ignition engines the option of chassis dynamometer certification. See references in §§ 1037.104 and 1037.150. (d) Configuration and Subconfiguration Definitions The existing EPA regulations contain definitions for “configuration” and “subconfiguration,” which define how to group vehicles by similar characteristics within a test group when conducting testing to determine CO 2 emissions for heavy

- duty pickup trucks and vans. “C onfig uration ” means a subclassification within a test group that is based on engine code, transmission type and gear ratios, final drive ratio and other parameters that EPA designate s . Likewise, “s ubconfiguration ” means a unique combination within a vehicle c onfiguration of equivalent test weight, road

- load

4 See 40 CFR 1037.15(l)EO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 17 of 54 horsepower, and any other operational characteristics or parameters that EPA determine s may significantly affect CO 2 emissions within a vehicle configuration. The current definitions could be specified fu rther according to established principles to prevent any ambiguity for manufacturers in conducting testing for heavy

duty pickup trucks and vans. The terms “transmission type” and “engine code” can be further defined in the definition for “configuration,” to reflect common industry understanding of the terms . In addition, the term “equivalent test weight” could be further defined in the definition for “subconfiguration” to carryover the existing
definition included in § 1037.104(d)(11). Therefore , EPA is proposing to add these further details to clarify these terms in § 1037.104(d)(12). (e) Vocational Tractor Vehicle Families
T he regulatory text in 40 CFR part 1037 related to vocational tractor families is unintentionally ambiguous , and is inconsis tent with, the preamble and other regulatory
text . In the vocational tractor provisions of § 1037.630(b)(2), EPA requires that tractors “reclassified under this provision must be certified as a separate vehicle family. However, they remain part of the vo cational regulatory subcategory and averaging set that applies to their weight class.” Although § 1037.630(b)(2) requires two vocational tractor families dependent on the GVWR of the vehicle, the text in § 1037.230(a)(1) implies only a single vocational t ractor family default. This inconsistency is the result of an oversight when provisions were added allowing tractors to certify as vocational vehicles, and it is inconsistent with the way vehicle families are treated throughout the program, where they are split by weight class. Therefore, EPA is proposing to revise § 1037.230(a)(1) to be consistent with § 1037.620(b)(2) by splitting the vocational vehiclesEO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 18 of 54 families into two groups, those above 33,000 pounds GVWR and those above 26,000 pounds GVWR and at or below 33,000 pounds GVWR. (f) 40 CFR Part 1037 Aerodynamic Assessment A vehicle’s design impacts the amount of power that is required to move the vehicle down the road. Depending on the vehicle speed, two of the largest impacts on GHG emissions and fuel cons umption are aerodynamics and tire rolling resistance. As part of the Heavy

- Duty GHG and Fuel Efficiency rule, manufacturers are required to meet vehicle

- based GHG emissions and fuel efficiency standards. Compliance with the vehicle standard for combinati on tractors is determined based on a vehicle simulation tool called the Greenhouse Gas Emissions Model (GEM). V arious characteristics of the vehicle are measured and these measurements are used as inputs to the model. These characteristics relate to key technologies appropriate for this subcategory of truck

— including aerodynamic features, weight reductions, tire rolling resistance, the presence of idle

- reducing technology, and vehicle speed limiters. See generally 76 FR 57135. The aerodynamic drag of a v ehicle is determined by the vehicle’s coefficient of drag (Cd), frontal area, air density and speed. As noted in the Heavy

- Duty GHG and Fuel Efficiency rule , quantifying truck aerodynamics as an input to the GEM presents technical challenges because of th e proliferation of vehicle configurations, the lack of a clearly preferable standardized test method, and subtle variations in measured aerodynamic values among various test procedures (76 FR 57148

- 57 151 )

. Class 7 and 8 tractor aerodynamics are currently developed by manufacturers using a range of techniques, including wind tunnel testing, computational fluid dynamics, and constant speed tests.EO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 19 of 54 We developed a broad approach that allow s manufacturers to use these multiple different test procedures to demo nstrate aerodynamic performance of the tractor fleet given that no single test procedure is superior in all aspects to other approaches. Allowing manufacturers to use multiple test procedures and modeling coupled with good engineering judgment to determin e aerodynamic performance is consistent with the current approach used in determining representative road load forces for light

- duty vehicle testing (40 CFR 86.129

- 00(e)(1)). However, we also recognize the need for consistency and a level playing field in evaluating aerodynamic performance. EPA and NHTSA developed a bin structure to group aerodynamic test results for the proposed rulemaking, and adjusted the method used to determine the bins in the final rule

. T he agencies, while working with industry, d eveloped an approach for the final rulemaking which identified a reference aerodynamic test method and a procedure to align results from other aerodynamic test procedures with the reference method, an enhanced coastdown procedure. Manufacturers are able t o use any aerodynamic evaluation method in demonstrating a vehicle’s aerodynamic performance as long as the method is aligned to the reference method. As discussed in the final rule, t he agencies adopted aerodynamic technology bins which divide the wide spectrum of tractor aerodynamics into five bins ( i.e. , categories) for high roof tractors (see 76 FR 57149) . The first high roof category, Bin I, is designed to represent tractor bodies that prioritize ap pearance or special duty capabilities over aerodynamics. These Bin I trucks incorporate few, if any, aerodynamic features and may have several features that detract from aerodynamics, such as bug deflectors, custom sunshades, B

- pillar exhaust stacks, and others. The second high roof aerodynamicsEO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 20 of 54 category is Bin II , which roughly represents the aerodynamic performance of the average new tractor sold today. The agencies developed this bin to incorporate conventional
tractors that capitalize on a generally a erodynamic shape and avoid classic features which increase drag. High roof tractors within Bin III build on the basic aerodynamics of Bin II tractors with added components to reduce drag in the most significant areas on the tractor, such as integral roof fairings, side extending gap reducers, fuel tank fairings, and streamlined grill/hood/mirrors/bumpers, similar to SmartWay trucks today. The Bin IV aerodynamic category for high roof tractors builds upon the Bin III tractor body with additional aerodynami c treatments such as underbody airflow treatment, down exhaust, and lowered ride height, among other technologies. And finally, Bin V tractors incorporate advanced technologies that are currently in the prototype stage of development, such as advanced gap reduction, rearview cameras to replace mirrors, wheel system streamlining, and advanced body designs. EPA and NHTSA developed the aerodynamic drag area, CdA, bin values for the tractor categories based on coastdown testing conducted by EPA using the enh anced coastdown test procedures adopted for the final HD GHG and Fuel Efficiency rulemaking. EPA tested high roof sleeper cab combination tractors from each of the manufacturers in order to represent the aerodynamic performance that we would expectEO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 21 of 54 from a Bin III vehicle. The test results used for the HD GHG and Fuel Efficiency final rule are included in Table III

- 1 below. 5

Table III
- 1 : Tractor CdA Values used in HD GHG Final Rule
Truck Expected Bin Source CdA (m 2 )

Class 8 High Roof Sleeper Cab B

- 3JM2

- 2H

- TXCR Bin III EPA Test Program 6.4 B

- 3JM2

- 4N

- TXCR Bin III

- IV EPA Test Program 5.7 B

- 3JM2

- 2K

- TXCR Bin III EPA Test Program 6.3 C

- 3JM2

- 1B

- TXCR Bin III EPA Test Program 6.2 C

- 3JE2

- 1F

- TXCR Bin II

- III EPA Test Program 6.7
As part of EPA’s quality checks to the enhanced coastdown test program , EPA supplied OEMs with the coastdown test data for their individual trucks. Through post

rulemaking work with one OEM, EPA found an error in the data attributable to a testing
contractor. The c ontractor had entered the same coastdown run twice into the dataset provided to EPA for one of the trucks tested (on e of 20 repeat runs was entered twice). As a result the truck appeared to have a CdA value of 5.7, rather than its actual value of
6. 6 . As such, the data that should have been used to establish the aerodynamic bins for the hig h roof sleeper cabs are listed in Table III

- 2

.

5 U.S. EPA and NHTSA. Final Rulemaking to Establish Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium

- and Heavy

- Duty Engines and Vehicles

– Regulatory Impact Analysis. August 2011. Page 2

- 48.EO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 22 of 54 Table III
- 2 : Tractor CdA Values used in this NPRM
Truck Expected Bin Source CdA (m 2 )

Class 8 High Roof Sleeper Cab B

- 3JM2

- 2H

- TXCR Bin III EPA Test Program 6.4 B

- 3JM2

- 4N

- TXCR Bin III EPA Test Program 6.6 B

- 3JM2

- 2K

- TXCR Bin III EPA Test Program 6.3 C

- 3JM2

- 1B

- TXCR Bin III

- IV EPA Test Program 6.2 C

- 3JE2

- 1F

- TXCR Bin II

- III EPA Test Program 6.7

Since the coast down test is an input into the aerodynamic bins, EPA proposes to
correct the CdA range for the affected bin levels. The proposed adjustment to the ranges

w ould allow Bin III , which represents a SmartWay truck, to still mean exactly what was intended in the HD GHG and Fuel Efficiency final rule

. The proposed Bin s IV and V adjustments w ould require the same level of improvement we expected in the HD GHG and Fuel Efficiency final rule

. This proposed amendment is a correction , so w ill not change the standards or the cost s or projected emissions reductions. The HD GHG and Fuel Efficiency rulemaking estimates of technology costs and the resulting aerodynamic efficiency improvements were made se parately from the test procedure normalization reflected in the bin tables. Those cost and technical feasibility assessments set the absolute values of the steps in the table, where the testing results of the five tractors in Table III

- 2 set the range of Bin III against which the rest of the aerodynamic bins are defined. Since EPA is not proposing to change either the technical descriptions of the bins or the estimat es of the aerodynamic loss or benefits in moving between bins in the table, EPA is estimating no change in HD GHG and Fuel Efficiency final rulemaking costs or benefits. EPA is also not proposing to change the input into GEM related to eachEO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 23 of 54 aerodynamic bi n; therefore, this proposed change would have no impact on the GHG or on fuel consumption standards.
EPA proposes to make the adjustments shown in Ta ble III

- 3 to correct the technical error in the coastdown data used in the HD GHG and Fuel Efficiency final rule

. The proposed bin value adjustments would be used by manufacturers to certify their vehicles in their 2013 MY and later end of year reports.

Ta ble III
- 3 : Proposed Table in § 1037.520(b)

High

- Roof Sleeper Cabs If your measured C D A (m 2 ) is . . . Then your Bin Level is... Then your C D input is . .

. ≥ 7.6 Bin I 0.75 6.8

- 7.5 Bin II 0.68 6.3

- 6.7 Bin III 0.60 5.6

- 6.2 Bin IV 0.52 ≤ 5.5 Bin V 0.47
(g) Other 40 CFR Part 1037 Proposed Amendments

H eavy - D uty Pickup Truck and Van R egulations: EPA proposes to amend several provisions in §§ 1037.15 and 1037.104 to specify which parts of 40 CFR part 86 apply to these vehicles and to specifically reference portions of 40 CFR part 86 in 40 CFR part 1037. EPA also proposes to revise the language in § 1037.150(a)(2) to make it consistent with the preamble to the final rule , which stipulates that the entire heavy

- duty pickup truck and van fleet must be certified to qualify for early credits (see 76 FR 57245)

. Also, EPA proposes to clarify how heavy

- duty pickup truck and van subconfigurations are selected for testing in § 1037.104(d)(9)(i) through (iii) . EPA is also proposing to revise § 1037.104(g)(2)(ii) , (g)(2) (iv) , andEO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 24 of 54 (g)(5) to clarify the approach for estimat ing analytically derived CO 2 emission rates (ADCs). Air Conditioning (A/C) Leakage Provisions: The MY2017

- 2025 Light

- Duty GHG and Fuel Economy Rule separated 40 CFR 86.1866 into four sections for clarity. The A/C leakage section moved to 4 0 CFR 86.1867

- 12. Thus, EPA proposes to amend § 1037.115 to reflect this change. In addition, EPA proposes
t o revise § 1037.115 because t he procedure for determining the hydrofluorocarbon ( HFC ) leakage rate for air conditioning systems with alternate refrigerants is already addressed in SAE J2727, which is incorporated by reference in 40 CFR 86.1 , and therefore does not need to be included in § 1037.115

. Labeling clarification: EPA proposes to clarify in § 1037.135 that the emission control label for the vehicle only requires a statement regarding the size of the fuel tank for vehicles that conta in an evaporative can ister for controlling emissions

. Typographical fixes: EPA proposes to address the typographical errors in § 1037.135 relative to labeling, § 1037.501 related to the trailer specification, § 1037.520 which includes a weight reduction ex planation, and § 1037.801 in the definition of regulatory subcategories relative to gross vehicle weight rating ( GVWR )

. EPA proposes to clarify that the general requirements for obtaining a certificate of conformity include the ability for EPA to perform c onfirmatory testing on vehicles, including the vehicles used to determine F alt

- aero ( see § 1037.201).EO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 2 5 of 54 EPA proposes to revise § 1037.550 to c hange the nomenclature used for the vehicle speed variable from S to v to be consistent with 40 CFR part 1065. EPA is also proposing to remove the torque control option for testing post

- transmission hybrid systems because it causes testing issues when the vehicle is shifting and braking and by removing the torque control mode from the dynamometer control options it would reduce lab

- to

- lab variability. EPA proposes to clarify the regulatory text in § 1037.620(a)(3) for instances where the secondary manufacturer who would hold the vehicle GHG certificate may be a small business that would be exempted from the GHG regu lations.
EPA proposes to revise § 1037.660 related to the automatic engine shutdown (AES) provisions. Similar to the reasons which supported the development of vehicle speed limiter flexibilities, an automatic engine shutdown system c ould be developed to alleviate potential concerns that impede its adoption. For example, some amount of idling may be needed for truckers who experience significant ambient temperature excursions that would necessitate extended idling or for idle reduction te chnologies, such as auxiliary power unit s, that malfunction and necessitate extended idling. A remedy to these concerns would be to design the AES such that it allows for a predetermined number of hours per year of idling. The proposed addition to § 1037 .660 appropriately quantifies the CO 2 emissions and fuel consumption of a partial AES system by discounting the AES input to
GEM.
EPA proposes to add a provision to § 1037.745. This new proposed provision would clarify manufacturers’ liability for offsetting debits (or deficit credits) afterEO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 26 of 54 certifying with emissions above the standards for three years. We want to avoid claims that the statute of limitations starts to apply in the first year of using debits, since this could significantly limit our ability to adequately enforce the requirement. We have generally adopted this approach in other rules which allow debits to be carried forward a given number of model years and are later offset with credits (40 CFR 86.1861

- 0 4(e), 86.1864

- 1(o), and 86.1865

- 12(k)).
EPA proposes to add a definition of “preliminary approval” to § 1037.801.

(3) Proposed Regulatory Changes to 40 CFR Part s 1065 and 1066
EPA proposes to restore text to § 1065.610(c)(3)(i) through (iii) which was inadver tently removed in the f inal r ule for Category 3 marine diesel engines (75 FR 22896, April 30, 2010). EPA is also proposing to revise portions of the regulations in 40 CFR part 10 66 to

c larify test procedures

. Specifically, we propose to revise § 1066.310(b) to clarify the coastdown process and simplify the anemometer calibration process. (4) Proposed Regulatory Changes to 40 CFR Part 85
EPA proposes to revise § 85 .525 to separate the light

- duty and heavy

- duty fuel conversion regulations

. (5) Proposed Regulatory Changes to 40 CFR Part 86 EPA is also proposing to revise portions of the regulations in 40 CFR part 86

. First, EPA is revising § 86.010

- 18 (q) to provide a mechanism for engine manufacturers to identify engines which are only suitable for inst allation in hybrid applications due to the on

- board diagnostics (OBD) calibration . Manufacturers who opt to produce a uniqueEO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 27 of 54 set of engines for hybrid applications will include a compliance statement on the ECI label that states “for use in hybrid applica tions only.” Second, EPA proposes to revise portions of § 86.1865

- 12 to clarify the provisions that specifically apply to the heavy

- duty pickup trucks and vans subject to 40 CFR
1037.104. Third, EPA proposes to remove §§ 86.007

- 23(n) and 86.1844

- 01(j) , which describe how to report CO 2 , N 2 O , and CH 4 emissions. There is no need or benefit for manufacturers to submit greenhouse gas emission data in the model years before emission standards apply for those pollutants. The reporting requirement should have been removed with the rule to adopt those standards. (6) Summary of Proposed Heavy
- Duty GHG Amendment s EPA does not expect that these proposed revisions to 40 CFR parts 85, 86, 103 6 , 1037 , 1065, and 1066 w ould have any adverse cost impact to the manufacturers. There are no testing costs associated with the proposed revisions. There would be no environmental impact associated with this regulatory action because this proposed rulemaking would not change the heavy

- duty engine and vehicle greenhouse gas emission standards that manufacturers have to meet; it simply makes some minor amendments to the regulations.
IV. Other Technical Amendments A. Replacement Engines In 1996, EPA adopted a provision allowing manufacturers in limited circumstances to produce new, exempt engines for replacing failed engines (61 FR 58102, November 12, 1996). With this approach, manufacturers have been able to makeEO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 28 of 54 new, exempt engines in cases where engines certified to current standards do no t have the physical or performance characteristics needed to power the equipment with the old engine. Without this provision, some equipment owners would have been forced to prematurely scrap otherwise working equipment (sometimes worth millions of dollar s), because no engine meeting current emission standards could be adapted for installation in the space occupied by the original engine.
EPA later added language to the replacement engine exemption to address the complications related to producing partiall y complete engines for replacement purposes, and to address the need to produce and sell replacement engines such that they would be available to operators with a critical need to avoid extended downtime in the case of engine failure (73 FR 59034, October 8, 2008). This expanded approach allowed manufacturers to sell a limited number of new, exempt replacement engines without taking the steps that would otherwise be required to document the need for the exemption and to arrange for the proper disposition o f the old engine. Along with this expanded approach, EPA added circumvention language to describe the overall purpose of the replacement engine exemption in an attempt to prevent manufacturers and operators from using exempted engines in ways that were unn ecessary and/or detrimental to the environment. In particular, this text states that the provisions § 1068.240 are “ intended to allow for replacement of engines that fail prematurely . . .” This language has been interpreted to mean that replacement engi nes may be used for no other purpose. Since then , EPA has found that the circumvention language has had some unintended consequences. For example, California has adopted requirements for operators to reduce emissions from in

- use equipment, which has led t o a desire to installEO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 29 of 54 new replacement engines that are cleaner than the old engines . It is often the case that it is infeasible or impractical to install replacement engines certified to current standards, but suitable replacement engines designed to meet an intermediate level of emission standards are available. T he circumvention language may prevent operators in California from achieving overall emission reductions that would result from upgrading their existing equipment with cleaner engines in this m anner . It may also be the case that an engine will simply wear out, rather than experiencing premature failure, well before the equipment in which it is installed is at the end of its life. Under the current regulation, an operator under these circumstances would need to install a new engine certified to current standards, or find a used engine , to keep the equipment operating.
EPA continue s to believe that new, exempt replacement engines should only be used in cases where a currentl y certified engine cannot practically be installed to power the old equipment

. EPA believe s the regulatory language without our description of intent to prevent circumvention serves this purpose without the unintended consequences described above. EPA is therefore proposing to remove the circumvention provisions from the regulations in § 1068.240. EPA expect s manufacturers and operators following the regulations to continue to use the exemption provisions appropriately and not for the
purpose of circumven ting the emission standards

. EPA is proposing to add language to explicitly limit this provision to equipment that has been in service 25 years or less (at the point of installation) so that manufacturers and operators do not use this provision to keep
in operation older dirtier, equipment beyond the normal lifetime of the equipment, by continually using new engines to replace old engines. This limitation is similar to restrictions that are already in place for stationary engines under 40 CFR 60.4210(i).EO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 30 of 54 EPA will continue to monitor compliance with the exemption provisions and will consider any appropriate changes to the regulation in the future to ensure that the exemption is properly used toward this purpose. The proposed rule includes an additional ste p to qualify for the replacement engine exemption. In particular, manufacturers would need to make a determination that the replacement engine is designed with the greatest degree of emission control that is available for the particular application. For example, if the engine being replaced was built before the Tier 1 standards started to apply and engines of that size are currently subject to Tier 2 standards, the manufacturer would need to also consider whether it produces any Tier 1 or Tier 2 engines w ith the appropriate physical and performance characteristics for replacing the old engine . If the manufacturer produce s a Tier 1 engine with the appropriate physical and performance characteristics, engines emitting at levels above the Tier 1 standards wo uld not qualify for an exemption. This provision has already been in place for marine diesel engines in § 1042.615. By adopting this provision in § 1068.240, it would apply automatically to marine diesel engines, so we are proposing to remove it from § 1 042.615. EPA is also proposing to a djust the provisions related to the disposition of the old engine in § 1068.240(b)(4)

. To be re

- introduced into U.S. commerce, the old engine must either meet current emission standards or qualify for an exemption as if it were a new engine. The old engine could be re

- used as a replacement engine for a different piece of equipment. Under this proposed approach, an engine made from all new par ts and an engine built with a used engine block and any mix of new or used additional parts would be treated the same way. For example, the recycled replacement engine would beEO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 31 of 54 subject to all the demonstrations and documentation requirements of § 1068.240 (b), and it would count toward the allowance to produce a limited number of replacement engines under § 1068.240 (c). For engines that are not re

- introduced into U.S. commerce, manufacturers must destroy the old engine or confirm that it has been destroyed

. Th ese proposed change s w ould further address the concern expressed in the circumvention language described above; in particular, EPA believe s it is necessary to prevent the possibility of these old engines being installed in new equipment. EPA is also p roposing some clarification to the regulations to address questions that have arisen, as well as making the following changes to this section: Proposing revision of the labeling requirements to account for the possibility of using a new replacement engine to replace a previously exempted replacement engine § 1068.240(b)(6). Proposing to adjust the reporting deadline for untracked replacement engines under § 1068.240(c). This proposed change would allow manufacturers some time after the end of the calendar year to make the determinations and to take the required steps to fulfill the tracking requirements for replacement engines under § 1068.240(b). Any engines for which these steps and determinations are incomplete by the deadline for the report would need to be counted as untracked replacement engines. Further, to account for prevailing practices and typical timelines for replacement engines, we would move back the deadline for this report from February 15 to March 31. Proposing to revise § 1068.240(c)(1) to specify that manufacturers may base sales limits for the untracked option on total U.S. production of certified and exempted engines together (including stationary engines)

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Page 32 of 54 Proposing to add language to clarify that § 1068.240(e) applies only for engines produced under a current, valid certificate. An exemption under § 1068.240(b) or (c) would be required to produce an engine that is identical to one that is no longer certified, even if the engine was formerly certified to standards (or a Family E mission Limits) that are at least as stringent as the current standards. Proposing clarifications to the provisions in § 1068.240(d) related to partially complete engines also apply for “current

- tier” replacement engines exempted under § 1068.240(e). In ad dition, we are proposing to revise § 1068.1 to correct two errors regarding the applicability of part 1068. First, we propose to restore highway motorcycles to the list of categories that are not subject to part 1068. This was added, but then inadvertent ly removed , when we were completing two parallel rulemakings. Second, we are proposing to add a reference to 40 CFR part 85 to identify how part 1068 applies in certain circumstances for heavy

- duty highway engines. These proposed changes are intended to clarify and reinforce existing requirements without modifying the underlying programs in
any way. B. Nonroad Diesel Engine Technical Hardship Program EPA adopted Tier 4 standards for nonroad diesel engines under 40 CFR part 1039 in 2004 (69 FR 38958, June 29, 2004). To meet these standards, engine manufacturers are pursuing development of advanced technologies, including new approaches for exhaust aftertreatment. Equipment manufacturers will need to modify their equipment designs to accommodate these new eng ine technologies and the corresponding changes to engine operating parameters (such as operating temperatures and heat rejection rates). ToEO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 33 of 54 provide flexibility for equipment manufacturers in their efforts to respond to these engine design changes, the Tie r 4 standards included the Transition Program for Equipment Manufacturers. Flexibilities allowed under this program include delaying compliance with small

- volume equipment models for several years or using allowances in the first year to manage the transi tion to the Tier 4 engines. The Transition Program for Equipment Manufacturers is intended to allow nonroad equipment manufacturers wide discretion to manage their product development timeline. Equipment manufacturers may comply either based on a percent of their production (generally for high

- volume manufacturers , as described in § 1039.625(b)(1) ), or based on a maximum number of exempted pieces of equipment (generally for low

volume manufacturers , as described in § 1039.625(b)(2) ). At the same time, the regulations include at § 1039.625(m) an acknowledgement that equipment manufacturers might face a wide range of circumstances, including cases where engine manufacturers might be late in providing compliant engines to nonintegrated equipment manufacturers such that the specified allowances are insufficient to avoid a disruption in the equipment manufacturer’s production schedule. The technical hardship provision at § 1039.625(m) allow s EPA to make a judgment that an equipment manufacturer that buys engine s from another company , through no fault of its own, needs additional allowances to manage the transition to Tier 4 products. The regulation specifies a maximum allowance of 150 percent of a manufacturer’s annual production (relative to § 1039.625(b)(1)), or a total of
1 , 100 allowances (relative to § 1039.625(b)(2)). The regulation also provides economic hardship provisions under § 1068.255; however, eligibility depends on manufacturersEO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 34 of 54 showing that their solvency is in jeopardy without relief. E conomic hardship therefore

serves as a flexibility provision of last resort. As the compliance dates for the Tier 4 standards approach, equipment manufacturers have described several scenarios where the technical hardship provisions are too restrictive to address their circumstances . For example, engine manufacturers have in some cases delay ed delivery of Tier 4 engines until six or even twelve months after the Tier 4 standards start to apply, which could force equipment manufacturers to use up all their allowances under § 1039.625(b) in the first year of the new standards

. The maximum number of allowances under § 1039.625(m) would cover a good portion of the second year of the Tier 4 standards, but we hav e heard how this too is inadequate to allow equipment manufacturers to respond to late deliveries of compliant engines. As another example where additional flexibility may be warranted , corporate acquisitions can cause equipment manufacturers to find the mselves disadvantaged with respect to allowances because two companies have become a single company for purposes of regulatory compliance. Taken to an extreme, the combined company could exceed its allowances under § 1039.625(b) on the day of the merger b ecause each of the separate companies may have used allowances that, taken together, exceed the specified thresholds for a single company. The combined company may apply for technical hardship under § 1039.625(m), but we have seen that this too can provid e insufficient relief for equipment manufacturers trying to incorporate Tier 4 engines into their equipment. In these cases, the maximum allowable relief under § 1039.625(m) is insufficient to allow equipment manufacturers to transition to meeting Tier 4 requirements withoutEO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 35 of 54 disrupting their ability to continue producing their equipment models. There have also been cases where a company would meet the criteria to qualify for consideration for technical hardship under § 1039.625(m) except that the regulation disallows technical hardship relief for all engines above 560 kW and provides only limited relief for engines above 37 kW. The regulation also provides only li mited relief for companies that are not small businesses. In these cases, no additional relief is available under § 1039.625(m), which again leaves equipment manufacturers unable to continue producing their equipment models.
We are proposing to amend the Transition Program for Equipment Manufacturers in three ways to address these concerns. First, we propose to remove the qualifying criteria so that any equipment manufacturer may apply for technical hardship relief under § 1039.625(m) for any size engine , rather than limiting the technical hardship relief to small businesses and to engines within certain power categories . We believe it is more appropriate to rely on our discretion to evaluate each hardship application on its merits rather than automatical ly precluding hardship relief based on certain characteristics of the engine or the company. If hardship relief is not appropriate because of an engine’s power rating or a company’s size or financial standing, we w ould not approve the request. Second, w e propose to remove the maximum number of allowances we can approve under § 1039.625(m), for both percent

- of

- production (currently 150 percent) and small

- volume allowances (currently 1 , 100 units) , and we propose to remove the deadlines for exercising those additional allowances. We have learned that the specified restrictions on hardship allowances are in some cases too limiting to address the legitimate concerns raised by equipment manufacturers. Again, we believe it is mostEO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 36 of 54 appropriate to resolve issues of extent of relief once an equipment manufacturer has demonstrated that relief is appropriate, rather than limiting it a priori . We w ould not approve a greater number of technical hardship allowances than is needed to meet the established objectives. F inally, we are proposing additional small

- volume allowances under § 1039.625(b)(2) and (m)(4), where we may waive the annual limits on the number of allowances instead of or in addition to granting additional hardship allowances. There may be times when m anufacturers only need approval to use up their regular allowances at a faster pace than the regulations currently allow. An additional concern has come to our attention as it relates to marine engines. Vessel manufacturers may use certified land

- based en gines in marine vessels as long as the engines are not modified from their certified configuration (see § 1042.605). We adopted this provision with the understanding that, given the additional technological challenges of operating engines in a marine environment, marine standards are set to be

no more stringent than land

- based standards and are often set at a level somewhat less stringent than the standards that apply to the land

- based engines. Vessel manufacturers have used these provisions extensively to access a wide range of engine models that are not available in a certified marine configuration. The pa rt 1039 Tier 4 standards have made this more complicated. The Tier 4 standards for land

- based engines are much more stringent than the Tier 3 marine standards, which will continue to apply for many Category 1 engines. Engine distributors supplying produc t to vessel manufacturers have reported that several engine models will not be available to them in the transition period. In that way, vessel manufacturers are much like nonroad equipment manufacturers, except that the vessels are not actually required t o use engines meeting the more stringentEO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 37 of 54 standards now or , for engines below 600 kW, in the foreseeable future. It would be a natural solution to use allowances under § 1039.625, but the regulations specifically require that vessel manufacturers may use o nly certified land

- based engines under § 1042.605. There is a risk that this gap would significantly limit their ability to continue producing vessels in the near term. We are proposing to address this by revising 40 CFR part 1042 to specifically allow v essel manufacturers to use allowances under § 1039.625 for certain model year 2013 engines installed in marine vessels. This provision would not apply for engines at or below 19 kW, since the land

- based and marine standards for those engines are very simi lar. This provision also would not apply for engines above 600 kW because the dynamic for designing and certifying those high

- power engines allows for a greater expectation that they will be certified in a marine configuration. We expect no negative envir onmental impact because the engines will be meeting the nonroad Tier 3 standards, which will continue to be at least as stringent as the standards that currently apply for marine engines. It is important to note that this is only a temporary measure; once allowances are no longer available under § 1039.625, vessel manufacturers will either need to use Tier 4 land

- based engines or find certified Tier 3 marine engines

. There are further minor proposed changes to the regulations to clarify some of the detail ed transition provisions for nonroad diesel engines, as follows : Proposing to revise § 1039.104(g) to remove the limitations on the number of engines using the specified alternate FEL caps. Manufacturers have pointed out that this expanded flexibility wou ld address the same concerns as described in this section for transitioning to the Tier 4 standards, but there would be no net environmental impactEO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 38 of 54 since manufacturers would need to produce low

- emission engines that generate emission credits to offset the additional credits used by transition engines certified to with higher FELs. We are also proposing to revise the regulation to account for engines that are subject to NOx+NMHC standards (rather than NOx

- only standards), and to address Tier 3 carry

- over en gines that would need to certify to the alternate FEL caps after the Tier 4 final standards take effect. Proposing to add text to § 1039.625(e) to clarify that exempted engines may meet standards that are more stringent than those specified in the regulati on. Proposing to clarify § 1039.625(e) which alternate standards apply to exempted engines in cases where there is more than one set of standards in a given model year. For example, the appropriate standards for 19

- 56 kW engines are the Option 1 standards specified in § 1039.102, and the appropriate standards for bigger engines are the phase

- out standards specified in § 1039.102. Proposing to adjust the provision for using interim Tier 4 engines under § 1039.625(a)(2) to require that manufacturers use engines that are identical to previously certified engines, rather than requiring that the exempt engines be certified for the new model year. This add resses an administrative complication related to certifying exempted engines, without changing the requirements that apply. C. Large SI Fuel Line Permeati on In 2002 we adopted evaporative emission standards for nonroad spark

- ignition engines above 19 kW (Larg e SI engines) (67 FR 68242, November 8, 2002). This rule included a requirement that engines meet a permeation control standard, that could be demonstrated by using fuel lines compliant with SAE J2260, the latest version of whichEO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 39 of 54 had been completed in 199 6 (see 40 CFR 1048.105). This SAE standard effectively established a level of permeation control that had been widely used with automotive products. In adopting this requirement, we expected manufacturers to find “off

- the

shelf” automotive

- grade products for the nonroad engines and equipment. In 2008, we revised this requirement by changing the regulation to reference the 2004 version of SAE J2260, which had been finalized after the initial rulemaking (73 FR 59034, October 8, 2008). As noted in our pro posed rule, we understood the purpose and effect of the change in the SAE standard to be substantive with regard to the permeation measurement procedure, but not necessarily with regard to the stringency of the standard. The revised SAE protocol specifies a tighter numerical standard, but this corresponded to an offsetting change from a methanol

- based test fuel to an ethanol

- based test fuel. Switching to ethanol improves the representativeness of the procedure, and it is widely understood that ethanol per meates through fuel

- system materials less aggressively than methanol. It is also clear the fuel change would have a non

- uniform effect on different fuel

- system materials, but our overall expectation was that fuel lines meeting the 1996 version of the stan dard would also meet the 2004 version of the standard. Following the proposed rule, we received no comments either supporting or contradicting our understanding that updating to the new standard would have no significant effect on the stringency or practi cability of the standard. Since completing the 2008 rulemaking, we have received information indicating that the revision of the regulation to refer to the newer version of SAE J2260 was having a substantive effect on manufacturers’ ability to meet the s tandard. First, it seems that automotive manufacturers have moved beyond the SAE J2260 standard to develop theirEO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 40 of 54 own proprietary methods of sourcing fuel lines from their suppliers. Since the evaporative emission standards for automotive products involve whole

- vehicle measurements in an enclosure, manufacturers have the option to pursue different strategies of balancing emissions from fuel

- line permeation with emissions from other sources. In effect, there is no longer a level of emission control or a ty pe of fuel line that we can characterize simply as "automotive

- grade". It is also the case that motor vehicle manufacturers buy fuel lines in large quantities of pre

- formed parts, rather than buying large spools of fuel line that can be cut and formed for a particular application. Second, it appears that fuel line suppliers have a very limited ability or willingness to supply fuel lines that they will describe as meeting the 2004 version of SAE J2260. It is not clear whether this is a result of a differen ce in stringency between the two versions of the standard, or merely that fuel

- line suppliers have moved beyond the SAE standard to conform to separate specifications from individual automotive manufacturers. In any case, Large SI equipment is not manufact ured in sufficient numbers to greatly influence the fuel line manufacturers’ activities, which has prevented Large SI equipment manufacturers from being able to find and use fuel lines meeting the exact specification in the regulations. We are proposing to address this by again revising the regulation, this time to specify that either the 1996 or 2004 version of SAE J2260 provides an acceptable level of control for producing compliant Large SI engines and equipment. We do not believe this would have a sign ificant effect on the stringency of the standard. However, to the extent that this would modify the stringency of the existing fuel

- line permeation standards at all, it only revises it back to the level of permeation control that we adopted originally inEO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 41 of 54 2002. We note also that the regulations from the California Air Resources Board continue to rely on the 1996 version of SAE J2260. This proposed change therefore would allow for a unified national approach to fuel

- line permeation standards.
D. Small SI Prop osed Amendments Since the first emission standards for small spark

- ignition (SI) engines (< 19kW), EPA and the California ARB have required the same basic exhaust emission test procedures and durability aging requirements. Both agencies have accepted exha ust emission test results on either agency’s test fuel for purposes of certification. This has traditionally meant that for small SI engines used in either handheld or non

- handheld equipment, EPA would accept exhaust emission test results based on either its Indolene test fuel (specified at 40 CFR 1065.710) or on California test fuel (specified at section 2262 in the California Code of Regulations (13 CCR 2262)). In 2008, when EPA promulgated the current small SI exhaust emission standards, the California test fuel, commonly referred to as California Phase 2 gasoline or CA RFG 2, was a seven pound per square inch (psi) Reid Vapor Pressure (RVP) gasoline which had approximately 11 percent methyl tertiary butyl ether (MTBE) as an oxygenate additive. This t est fuel had been used in the California small off road emission (SORE) program since 1995. Our 2008 final rule included provisions at § 1054.145(k) indicating that EPA would not accept carryover exhaust emission certification data on CA RFG 2 after the 2012 model year (73 FR 59034, October 8, 2008) . However, we left open the possibility of continuing to accept carryover exhaust emission test data on CA RFG 2 subject to the provisions of 40 CFR 1065.10, 1065.12 and 1065.701, which would permit EPA to
app rove its continued use if it does not affect the manufacturers’ ability to show that theEO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 42 of 54 affected engines would comply with all applicable emission standards using the fuel specified by EPA in 40 CFR 1065.710. Manufacturers have recently provided emissio ns data meeting the regulatory requirements listed above and EPA has permitted the use of CA RFG 2 (California Phase 2 gasoline) for certification for the 2013 model year. 6 Recently, California adopted new requirements for their gasoline certification test fuel for nonroad engines. Over the period from 2013

- 2020, manufacturers must transition from CA RFG 2 to a gasoline certification test fuel that contains 10 percent ethano l (E10) and has a seven psi RVP (commonly referred to as California Phase 3 gasoline or CA RFG 3). This new requirement aligns California test fuels with their current in

- use gasoline.
Considering this background and recent developments, EPA is proposing to make two changes to its current regulatory provisions. First, EPA believes it is appropriate to propose to extend its current practice of accepting exhaust emission test results for small SI engines to include CA RFG 3. For the 2013

- 2019 model years ( inclusive), EPA would accept exhaust emission certification data generated using CA RFG 3 test fuel. Harmonization with California on test procedures and test fuel requirements for small spark

- ignition engines has significant value to the engine and equip ment manufacturers and users of those products. It allows for development and certification of only one engine for a given model or application by the manufacturer and allows for greater model

6 See EPA Dear Manufacturer Letter C D

- 12

- 17(NRSSI), October 29, 2012.EO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 43 of 54 availability and lower overall cost due to 50

- state production . In addition, E10, which is used in CA RFG 3, is common in gasoline sold across the U.S. today. Therefore, permitting the use of CA RFG 3 in emissions certification would allow test fuel to more closely match the in

- use fuel used across the U.S. Accou nting for the ethanol in the fuel is likely to enhance engine emissions in

- use durability, because the presence of oxygen in the ethanol in the test fuel would need to be accommodated in the engine calibrations. This would reduce engine operating temperat ures in

- use relative to engines calibrated on a test fuel without oxygen.

While EPA is proposing to accept manufacturer use of CA RFG 3 for the purposes of testing, EPA is not prepared to propose to accept use of CA RFG 3 as a fully permissible replaceme nt test fuel for Indolene. Test data indicate that NMHC+NOx exhaust emissions using CA RFG 3 will be comparable relative to results on Federal certification fuel. However, due to the presence of an oxygenate (approximately 3 percent) caused by the inclus ion of E10 in CA RFG 3, tested CO emissions w ould be reduced when an engine is tested using CA RFG 3, compared to Indolene which includes no oxygenates (see 40 CFR 1065.710). EPA’s official test fuel is Indolene and the level of the CO emission standards for small SI engines (see 40 CFR 1054.103 and 1054.105) is based on the use of that fuel. Therefore, EPA cannot fully accept test results using CA RFG 3 as showing compliance with EPA CO standards, because CO test emissions showing compliance using CA RFG 3 do not guarantee that an engine will be able to comply with EPA’s CO standard using Indolene.EO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 44 of 54 Therefore, EPA proposes to retain the option to conduct any production line, confirmatory, and selective enforcement audit (SEA) testing on EPA test fuel as specified in 40 CFR 1065.710. 7 However, as an option for the manufacturers, to bring some uniformity and certainty to the engine development and calibration, emissions testing, and emissions durability assessment processes, EPA proposes to use CA RFG 3 test fuel for any production line, confirmatory, and SEA testing if a manufacturer(s) agree to meet a lower CO emission standard. These values, which substantially address the effect of oxygenate content on CO emission rates, are 549 g/kW

- hr for Classes I and II (non handheld engines) and 536 g/kW

- hr for Classes III

- V (handheld engines). These values are the same as California’s current CO emission standards (based on the use of CA RFG 2); they are 10

- 33 percent more stringent (depending on Class) than EP A’s CO emission standards (see 40 CFR 1054.103 and 1054.105) because they account for oxygenate content in that fuel. This proposed option would be available for Class I and II marine generators at a CO emission standard of 4.5 g/k W

- hr. This value was d erived based on the ratio of the California CO emission standards to the Federal emission standards for other Class I and II marine generators. This option would be available on a family

- by

- family basis for all Classes of small SI engines. We consider th ese CO emission standards to be interim values for purposes of this option only. EPA may revise the level of its CO emission standard in the future if we propose to change the Federal test fuel specifications.

7 EPA already requires a ten percent ethanol blend for evaporative emissions testing.EO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 45 of 54 Second, EPA proposes to continue accepting exhaust emissions data on CA RFG 2 after the 2012 model year (see 40 CFR 1054.145(k)). Manufacturers have provided data for both handheld and nonhandheld engines showing equivalent exhaust emission levels between CA RFG 2 and the gasoline specified in 40 CFR 1065.710 (Indolene). Furthermore, the move to CA RFG 3 sets in motion a process to eliminate CA RFG 2 certifications in the future as would have been required under 40 CFR 1054.145(k). Thus, to help enable an orderly and cost effective transition, EP A believes it is appropriate for us to continue to accept exhaust emission test data using CA RFG 2 for certification through the 2019 model year. We w ould expect engine families certified using CA RFG 2 carryover exhaust emission data to meet emissions s tandards on both CA RFG 2 and EPA certification test fuel as specified in 40 CFR 1065.710 for any production line, SEA, or confirmatory testing.

Both of these proposed actions would apply for certification for model years 2013 to 2019, inclusive. EPA ex pects to revisit these provisions before 2020 to determine if they should be extended or otherwise modified. The primary EPA program using Indolene test fuel and meeting the current EPA emission standards remains in place for Federal certification for 201 3 and beyond unless and until these provisions are otherwise modified.
We are also taking the opportunity to propose to revise the regulatory provision in § 1054.145(c) describing requirements related to altitude kits for handheld engines. We adopted tho se specifications based on the expectation that the Phase 3 exhaust standards were unchanged from the Phase 2 exhaust standards. As such, the emission standards doEO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 46 of 54 not apply at altitudes for which the manufacturer would need to rely on an altitude kit.
T he regulation should therefore be revised to no longer refer to the manufacturer relying on an altitude kit “to meet emission standards.” This proposed change in the regulations is not intended to change current requirements, but rather simply clarifies t he proper relationship of the altitude kit to the certified configuration.
V. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is a ‘significan t regulatory action’ because it raises issues that may have a potential effect on actions taken or planned by another agency. Accordingly, EPA submitted this action to the Office of Management and Budget (OMB) for review under Executive Orders 12866 and 1 3563 (76 FR 3821, January 21, 2011) and any changes made in response to OMB recommendations have been documented in the docket for this action. This proposal merely clarifies and corrects existing regulatory language

. EPA does not believe there will be costs associated with this rule because the costs in this program were previously accounted for under the existing rules (69 FR 38958, June 29, 2004; 73 FR 59034, October 8, 2008 ; and 76 FR 57106, September 15 , 2011) . This proposed rule is not anticipated to create additional burdens to the existing requirements

. As such, a regulatory impact evaluation or analysis is unnecessary.EPA also does not expect this rule to have substantial Congressional or public interest.
B. Paperwork Reduction Act This proposed action does not impose an information collection burden under the provisions of the Paperwork Reduction Act , 44 U.S.C. 3501 et seq. Burden is defined at 5EO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 47 of 54 CFR 1320.3(b). The information collection requirements to ensure compl iance with the provisions in t hese rule s w ere covered under ICR (2394.02).
T he Office of Management and Budget (OMB) has previously approved the information collection requirements contained in the existing heavy

- duty greenhouse gas emissions regulations under the provisions of the Pa perwork Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB Control Number 2060

– 0678 . The OMB control numbers for EPA’s regulations in title 40 of the Code of Federal Regulations are listed in 40 CFR part 9. C. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104

– 121, 110 Stat. 857), generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small busin esses, small organizations, and small governmental jurisdictions. For purposes of assessing the impacts of this rule on small entities, small entity is defined as: (1) a small business as defined by Small Business Administration regulations
at 13 CFR 121.201; (2) a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and (3) a small organization that is any not

- for

- profit enterprise which is independent ly owned and operated and is not dominant in its field. After considering the economic impacts of th is proposed rule on small entities, weEO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 48 of 54 conclude that this proposed action w ould not have a significant economic impact on a substantial number o f small ent ities. This proposal would merely correct and clarif y regulatory

. In particular, a s already adopted in the heavy

- duty vehicle GHG and fuel efficiency rule s , EPA is defer ring standards for manufacturers meeting the S mall B usiness A dministration ’s defin ition of small business as described in 13 CFR 121.201. There would be no costs and therefore no regulatory burden associated with this proposed rule . We have therefore concluded that this proposed rule would not increase regulatory burden for affected small entities. We continue to be interested in the potential impacts of the proposed rule on small entities and welcome comments on issues related to such impacts.
D. Unfunded Mandates Reform Act This proposed a ction contains no Federal mandates under the provisions of Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 1531

- 1538 for State, local, or tribal governments or the private sector. The proposed action would impose no enforceable duty on any State, local or tribal governments or the private sector. Therefore, this proposed action is not subject to the requirements of sections 202 or 205 of the UMRA. This proposed action is also not subject to the requirements of section 203 of UMRA be cause it contains no regulatory requirements that might significantly or uniquely affect small governments.
E. Executive Order 13132: Federalism This proposed action does not have federalism implications. It w ould not haveEO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 49 of 54 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, as specifie d in Executive Order 13132. This notice of proposed rulemaking merely c orrect s and clarifies regulatory provisions . Thus, Executive Order 13132 does not apply to this proposed action.
F. Executive Order 13175: Consultation and Coordination with Indian Tribal Governments This proposed action does not have tribal implications, as specified in Executive Order 13175 (65 F R 67249, November 9, 2000). This notice of proposed rulemaking merely corrects and clarifies regulatory provisions

. Tribal governments would be affected only to the extent they purchase and use regulated vehicl es. Thus, Executive Order 13175 does not apply to this action. EPA specifically solicits additional comment on this proposed action from tribal officials. G. Executive Order 13045: Protection of Children from Environmental Health and Safety Risks This prop osed action is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997) because it is not economica lly significant as defined in Executive Order 12866, and because EPA do es not believe the environmental health or safety risks addressed by this pr oposed action present a disproportionate risk to children. Th is notice of proposed rulemaking merely correct s and clarifies regulatory provisions

. H. Executive Order 13211: Actions that Significantly Affect Energy Supply, Distribution, or Use This proposed action is not subject to Executive Order 13211 (66 FR 28355 , MayEO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 50 of 54 22, 2001), because it is not likely to have a significant adverse effect on the supply, distribution, or use of energy

. This notice of proposed rulemaking merely corrects and clarif ies regulatory provisions

. I. National Technology Transfer Advancement Act Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (“NTTAA”), Public Law No. 104

- 113, 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus st andards 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 propo sed action would slightly expand the use of voluntary consensus standards by adding a reference standard under 40 CFR 1048.105. Other amendments in this proposed rule do not involve application of new technical standards. However, the underlying regulati ons in many cases rely on voluntary consensus standards. For example, EPA included several voluntary consensus standards in the development of the Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium

- and Heavy

- Duty Engines and Vehi cles (76 FR 57106, September 15, 2011).
J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low
- Income Populations Executive Order 12898 (59 FR 7629 , Feb ruary 16, 1994) establishes federal executive policy o n environmental justice. Its main provision directs federal agencies, toEO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 51 of 54 the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and a dverse human health or environmental effects of their programs, policies, and activities on minority populations and low

- income populations in the United States.
EPA has determined that this proposed rule w ould not have disproportionately high and adver se human health or environmental effects on minority or low

- income populations because it merely would correct provisions for manufacturers to use to demonstrate compliance of heavy

- duty engines and vehicles

. VI. Statutory Authority Statutory authority for the vehicle controls is found in Clean Air Act section 202(a) (which authorizes standards for emissions of pollutants from new motor vehicles which emissions cause or contribute to air pollution which may reasonably be anticipated
t o endanger public health or welfare), sections 202(d), 203

- 209, 216, and 301 ( 42 U.S.C. 7521 (a), 7521 (d), 7522, 7523, 7524, 7525, 7541, 7542, 7543, 7550, and 7601 )

.

List of Subjects 40 CFR Part 85 Confidential business information, Imports, Labeling, Motor vehicle pollution, Reporting and recordkeeping requirements, Research, Warranties.

40 CFR Part 86 Administrative practice and procedure, Confidential business information, Labeling, Motor vehicle pollution, Reporting and recordkeeping requirements.EO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 52 of 54 40 CFR Part 1036 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 1037 Administrative practice and procedure, Air pollution control, Confidential business information, Environmental protection, Incorporation by reference, Labeling, Motor vehicle pollution, Reporting and recordkeeping requirements, Warranti es.

40 CFR Part 1039 Environmental protection, Administrative practice and procedure, Air pollution control, Confidential business information, Imports, Labeling, Penalties, Reporting and recordkeeping requirements, Warranties.

40 CFR Part 1042 Environmental protection, Administrative practice and procedure, Air pollution control, Confidential business information, Imports, Labeling, Penalties, Vessels, Reporting and recordkeeping requirements, Warranties.

40 CFR Part 1048 Environmental protect ion, Administrative practice and procedure, Air pollution control,EO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 53 of 54 Confidential business information, Imports, Incorporation by reference, Labeling, Penalties, Reporting and recordkeeping requirements, Warranties.

40 CFR Part 1054 Environmental protectio n, Administrative practice and procedure, Air pollution control, Confidential business information, Imports, Labeling, Penalties, Reporting and recordkeeping requirements, Warranties.

40 CFR Part 1065 and 1066 Administrative practice and procedure, Air po llution control, Reporting and recordkeeping requirements, Research.

40 CFR Part 106 8 Environmental protection, Administrative practice and procedure, Confidential business information, Imports, Motor vehicle pollution, Penalties, Reporting and recordkeep ing requirements, Warranties.EO12866 HD and NR Technical Amendment NPRM_20130304.docx

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Page 54 of 54 Heavy
- Duty Engine and Vehicle , and Nonroad Technical Amendments

40 CFR Part 106 8 Environmental protection, Administrative practice and procedure, Confidential business information, Imports, Motor vehicle pollution, Penalties, Reporting and recordkeeping requirements, Warranties.

Dated: _______________________

_____________________________________________________ Bob Perciasepe , Acting Administrator