9078 Federal Register / Vol. 80, No. 33 / Thursday, February 19, 2015 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 59, 80, 85, 86, 600, 1037, 

1043, 1051, 1054, 1060, 1065, and 1066 

[EPA–HQ–OAR–2011–0135; FRL–9922–31– 

OAR] 

RIN 2060–AS36 

Amendments Related to: Tier 3 Motor 

Vehicle Emission and Fuel Standards, 

Nonroad Engine and Equipment 

Programs, and MARPOL Annex VI 

Implementation 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action on several amendments involving 

technical clarifications for different 

mobile source regulations. First, we are 

making a variety of corrections to the 

Tier 3 motor vehicle emission and fuel 

standards. These changes generally 

correct or clarify various provisions 

from the Tier 3 rule without expanding 

the Tier 3 program or otherwise making 

substantive changes. Second, we are 

revising the test procedures and 

compliance provisions for nonroad 

spark-ignition engines at or below 19 

kW (and for the corresponding nonroad 

equipment) to conform to current 

practices. The changes to evaporative 

emission test procedures also apply to 

some degree to other types of nonroad 

equipment powered by volatile liquid 

fuels. Third, we are addressing an 

ambiguity regarding permissible design 

approaches for portable fuel containers 

meeting evaporative emission standards. 

Fourth, we are revising the regulations 

to more carefully align with current 

requirements that apply to marine 

vessels with diesel engines as specified 

under MARPOL Annex VI. Fifth, we are 

correcting typographical errors in 

regulatory changes finalized in the 

Voluntary Quality Assurance Program 

rulemaking. 

This rulemaking action is not 

expected to result in any significant 

changes in regulatory burdens or costs. 

DATES: This final rule is effective on 

May 5, 2015, without further notice, 

unless EPA receives adverse comment 

by April 6, 2015. If EPA receives 

adverse comment on any provisions of 

the rule, we will publish a timely 

withdrawal in the Federal Register 

informing the public that those specific 

provisions will not take effect. The 

incorporation by reference of certain 

publications listed in this regulation is 

approved by the Director of the Federal 

Register as of May 5, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2011–0135, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: A-and-R-Docket@

epamail.epa.gov. 

• Fax: (202) 566–9744 

• Mail: Air and Radiation Docket and 

Information Center, Environmental 

Protection Agency, Mailcode: 28221T, 

1200 Pennsylvania Ave. NW., 

Washington, DC 20460. 

• Hand Delivery: EPA Docket Center, 

EPA WJC West Building, Room 3334, 

1301 Constitution Ave. NW., 

Washington, DC 20460. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2011– 

0135. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential 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 email. The www.regulations.gov Web 

site 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 email 

comment directly to EPA without going 

through www.regulations.gov your email 

address will 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 body 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 

special 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. 

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., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted 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 

the Air and Radiation Docket and 

Information Center, EPA/DC, EPA WJC 

West, 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: 

Alan Stout, Office of Transportation and 

Air Quality, Assessment and Standards 

Division (ASD), Environmental 

Protection Agency, 2000 Traverwood 

Drive, Ann Arbor MI 48105; Telephone 

number: (734) 214–4805; stout.alan@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Why is EPA using a Direct Final Rule? 

EPA is publishing this rule without a 

prior proposed rule because we view 

this as a noncontroversial action and 

anticipate no adverse comment. This is 

also intended to expedite the regulatory 

process to allow the modifications to 

take effect as soon as possible. However, 

in the ‘‘Proposed Rules’’ section of 

today’s Federal Register, we are 

publishing a separate document that 

will serve as the proposed rule to adopt 

these same amendments if adverse 

comments are received on this direct 

final rule. We will not institute a second 

comment period on this action. Any 

parties interested in commenting must 

do so at this time. For further 

information about commenting on this 

rule, see the ADDRESSES section of this 

document. 

If EPA receives adverse comment on 

a distinct provision of this rulemaking, 

we will publish a timely withdrawal in 

the Federal Register indicating which 

provisions we are withdrawing. The 

provisions that are not withdrawn will 

become effective on the date set out 

above, notwithstanding adverse 

comment on any other provision. We 

would address all public comments in 

any subsequent final rule based on the 

proposed rule. 

EPA is publishing this direct final 

rule to expedite corrections to the 

regulatory text and clarifications and 

adjustments that generally reduce the 

burden and/or confusion related to 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 33 / Thursday, February 19, 2015 / Rules and Regulations 9079 

compliance with regulatory 

requirements. If you comment on this 

rule, we request that you identify any 

portions of the action with which you 

agree and support as written, in 

addition to any comments regarding 

suggestions for improvement or 

provisions with which you disagree. In 

the case of a comment that is otherwise 

not clearly adverse, EPA would 

interpret relevant comments calling for 

more flexibility or less restrictions as 

supportive of the direct final action. In 

this way, EPA will be able to adopt 

those elements of this action that are 

supported and most needed without 

delay, while considering and addressing 

any constructive or adverse comments 

received on the proposed rule in the 

course of developing the final rule. 

Does this action apply to me? 

Entities potentially affected by this 

rule include gasoline refiners and 

importers, ethanol producers, ethanol 

denaturant producers, butane and 

pentane producers, gasoline additive 

manufacturers, transmix processors, 

terminals and fuel distributors, lightduty vehicle manufacturers, 

manufacturers of nonroad engines and 

equipment, manufacturers of marine 

compression-ignition engines, and 

owners and operators of ocean-going 

vessels and other commercial ships, and 

manufacturers of portable fuel 

containers. 

Potentially regulated categories 

include: 

Category NAICSa Code Examples of potentially affected entities 

Industry ................................ 324110 ............................... Petroleum refineries (including importers). 

Industry ................................ 325110 ............................... Butane and pentane manufacturers. 

Industry ................................ 325193 ............................... Ethyl alcohol manufacturing. 

Industry ................................ 324110, 211112 ................. Ethanol denaturant manufacturers. 

Industry ................................ 211112 ............................... Natural gas liquids extraction and fractionation. 

Industry ................................ 325199 ............................... Other basic organic chemical manufacturing. 

Industry ................................ 486910 ............................... Natural gas liquids pipelines, refined petroleum products pipelines. 

Industry ................................ 424690 ............................... Chemical and allied products merchant wholesalers.

Industry ................................ 325199 ............................... Manufacturers of gasoline additives. 

Industry ................................ 424710 ............................... Petroleum bulk stations and terminals. 

Industry ................................ 493190 ............................... Other warehousing and storage-bulk petroleum storage. 

Industry ................................ 336111, 336112 ................. Light-duty vehicle and light-duty truck manufacturers. 

Industry ................................ 335312, 336312, 336322, 

336399, 811198.

Alternative fuel converters. 

Industry ................................ 333618, 336120, 336211, 

336312.

On-highway heavy-duty engine & vehicle (>8,500 lbs GVWR) manufacturers. 

Industry ................................ 336611 ............................... Manufacturers of marine vessels. 

Industry ................................ 336612 ............................... Manufacturers of marine vessels. 

Industry ................................ 811310 ............................... Engine repair and maintenance. 

Industry ................................ 483 ..................................... Water transportation, freight and passenger. 

Industry ................................ 424710, 424720 ................. Petroleum Bulk Stations and Terminals; Petroleum and Petroleum Products Wholesalers. 

Industry ................................ 483113 ............................... Coastal and Great Lakes Freight Transportation. 

Industry ................................ 483114 ............................... Coastal and Great Lakes Passenger Transportation. 

Industry ................................ 333618 ............................... Manufacturers of new engines. 

Industry ................................ 333112 ............................... Manufacturers of lawn and garden tractors (home). 

Industry ................................ 811112, 811198 ................. Commercial importers of vehicles and vehicle components.

Industry ................................ 326199, 332431 ................. Portable fuel container manufacturers. 

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 to be 

regulated by this action. This table lists 

the types of entities that EPA is now 

aware could potentially be regulated by 

this action. Other types of entities not 

listed in the table could also be 

regulated. To determine whether your 

activities are regulated by this action, 

you should carefully examine the 

applicability criteria in the referenced 

regulations. If you have any questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed in the preceding FOR FURTHER

INFORMATION CONTACT section. 

What should I consider as I prepare my 

comments for EPA? 

A. Submitting CBI. Do not submit this 

information to EPA through 

www.regulations.gov or email. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information 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 within 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 submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

B. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments 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 your 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. 


asabaliauskas on DSK5VPTVN1PROD with RULES
9080 Federal Register / Vol. 80, No. 33 / Thursday, February 19, 2015 / Rules and Regulations 

Table of Contents 

I. Introduction 

II. Tier 3 Motor Vehicle Emission Standards 

III. 40 CFR part 80 Fuel Standards 

IV. Small SI Test Fuel and Bonding 

Provisions 

V. Evaporative Test Procedures for Nonroad 

Equipment 

VI. Portable Fuel Containers 

VII. MARPOL Annex VI Implementation 

VIII. Statutory and Executive Order Reviews 

IX. Statutory Provisions and Legal Authority 

I. Introduction 

In this action we are adopting several 

amendments that will make technical 

clarifications to different mobile source 

regulations. This section provides an 

overview of the organization of this 

preamble. Section II describes 

amendments to the Tier 3 motor vehicle 

emission standards. Section III describes 

amendments to the 40 CFR part 80 fuel 

standards: including the Tier 3 gasoline 

sulfur standards, other part 80 fuels 

regulations that were amended in the 

Tier 3 final rule, and amendments made 

in the Quality Assurance Program 

rulemaking. Section IV describes the 

changes to the testing and compliance 

provisions for nonroad spark-ignition 

engines, and Section V describes how 

we are changing the evaporative test 

procedures for nonroad equipment. 

Section VI describes amendments to the 

requirements that apply for portable fuel 

containers. Section VII summarizes the 

amendments related to our 

implementation of requirements for 

marine diesel engines and vessels under 

MARPOL Annex VI. 

II. Tier 3 Motor Vehicle Emission 

Standards 

On April 28, 2014, we published a 

final rule adopting new emission 

standards and fuel requirements for 

motor vehicles and for motor vehicle 

fuels (79 FR 23414). The final rule 

included Tier 3 emission standards to 

reduce exhaust and evaporative 

emissions from light-duty vehicles, 

light-duty trucks, and heavy-duty 

vehicles up to 14,000 pounds GVWR. In 

addition, the final rule specified 

corresponding changes to in-use fuel 

requirements. 

The Tier 3 motor vehicle program 

included extensive changes to emission 

standards and the regulatory 

requirements related to certification. 

This included several provisions to 

harmonize requirements with a similar 

set of standards adopted by the 

California Air Resources Board 

(California ARB). It also included a wide 

range of alternative measures intended 

to facilitate each manufacturer’s efforts 

to make an orderly transition to meeting 

the Tier 3 standards nationwide. The 

resulting Tier 3 regulations accordingly 

included several variations, alternatives, 

and ancillary provisions. We have 

learned since concluding the Tier 3 

rulemaking that there are several 

instances where the regulatory text 

implementing the Tier 3 program 

requires correction or clarification to 

achieve the intended result. None of the 

amendments are intended to expand the 

Tier 3 program or otherwise make 

substantive changes. We are therefore 

making the following amendments to 

the Tier 3 vehicle program regulations: 

Regulatory citation Description 

§ 85.2108 ...................... Remove section to reflect a recent change to Clean Air Act section 207. 

§ 86.101, § 1066.301, 

and § 1066.305.

Adjust the procedures for determining road-load parameters to more carefully align with current practice, including the 

option for manufacturers to use alternate methodologies that are consistent with the reference procedure, subject to 

good engineering judgment and EPA confirmatory testing. We are also restoring provisions describing how to develop road-load parameters for cold testing; the provisions from § 86.229 were inadvertently replaced with a default 

instruction to use the same values for both FTP testing and cold testing. We are also changing terminology from 

‘‘coastdown’’ to ‘‘road-load determination’’ for consistency. 

§§ 86.095–35 and 

1037.135.

Revise the labeling requirement for incomplete heavy-duty vehicles to require designation of maximum fuel tank capacity only in cases where the certifying manufacturer relies on a downstream manufacturer to design and install 

the vehicle’s fuel tanks. If the certifying manufacturer designs or installs the fuel tank, there is no need for the emission control information label to identify the appropriate fuel tank capacity. 

§§ 86.101 and 86.1844– 

01.

Clarify that reporting drive-cycle metrics to confirm driver accuracy continue to be optional until vehicles are subject to 

Tier 3 emission standards, and revise terminology for consistency with 40 CFR 1066.425. 

§ 86.101 ........................ Clarify that manufacturers may continue to certify in 2022 and later model years based on carryover of emission data 

generated using the procedures from 40 CFR part 86, subpart B, even though we require new testing in that time 

frame to use the procedures in 40 CFR part 1066. 

§ 86.113 ........................ Revise the format of the volatility specification to rely primarily on psi units and secondarily on kPa units. The kPa figures for non-evaporative testing also need to be corrected to align with the specified psi units. These changes align 

with the test fuel specifications that were in place before the Tier 3 rule. We are also revising the table format for 

octane specifications to clarify that the both ASTM D2699 and ASTM D2700 apply for determining octane values 

and octane sensitivity values. 

§ 86.201 ........................ Clarify how the migration to testing under 40 CFR part 1066 works for cold temperature testing. This is analogous to 

the migration provisions for general testing in § 86.101. 

§ 86.213 ........................ Revise the specified tolerance for olefin concentration in the test fuel from ±0.5 percent to ±5.0 percent. This reverses 

an inadvertent change made in the Tier 3 final rule. We are also revising the table format for octane specifications 

to clarify that both ASTM D2699 and ASTM D2700 apply for determining octane values and octane sensitivity values. 

§ 86.513 ........................ Correct a typographical error for the 90% point in the distillation curve for gasoline test fuel. This was erroneously 

published as part of the Tier 3 rule with an extra ‘‘1’’ before the specified temperature of 148.9 °C. This change restores the temperature specification to what applied before we adopted the Tier 3 rule. 

§ 86.513–2004 .............. Remove obsolete section. Fuel specifications for motorcycles are now addressed in § 86.513 (with no model year designation), so the 2004 section is removed to avoid confusion. 

§ 86.1801–12 ................ Clarify how the requirements of subpart S relate to the engine and vehicle provisions in 40 CFR part 1036 and part 

1037. 

§ 86.1803–01 ................ Revise the definition of ‘‘averaging set’’ to apply to all vehicles, not only heavy-duty vehicles. 

§§ 86.1805–17 and 

86.1811–17.

Address provisions for LDV above 6,000 pounds GVWR. A new paragraph describes how these vehicles are subject 

to the same transitional provisions that apply for LDV at or below 6,000 pounds GVWR. We are also clarifying useful life provisions for LDV above 6,000 pounds GVWR. We described the useful life provisions based on a simple 

cutpoint of 6,000 pounds GVWR, which doesn’t address a small number of LDV models that have higher GVWR 

values. Instead of changing the useful life values adopted for cold temperature emission standards, we are using 

the terms LDV and LLDT to characterize the vehicles that are subject to a useful life of 10 years or 120,000 miles. 

We are also clarifying that MDPVs are the only HDVs subject to standards under § 86.1818. 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 33 / Thursday, February 19, 2015 / Rules and Regulations 9081 

Regulatory citation Description 

§ 86.1806–17 ................ Correct the citation to California ARB’s OBD regulations to refer to the entire range of relevant OBD standards. 

§ 86.1810–01 ................ Clarify that the provisions for determining NMOG from measured NMHC values also apply for Tier 2 vehicles, as 

specified in § 1066.635, except that manufacturers may continue to use a fixed adjustment factor of 1.04. 

§ 86.1810–17 ................ Clarify that the provisions for testing flexible fuel vehicles on more than just gasoline or diesel fuel do not apply for 

greenhouse gas standards. 

§ 86.1811–17(b)(8) ....... Clarify how to calculate and use credits for manufacturers that certify some vehicles to a useful life of 120,000 miles 

and other vehicles to a useful life of 150,000 miles. The main point of clarification is that vehicles certified to the 

shorter useful life on an interim basis may exchange emission credits with vehicles certified to either useful life, but 

the fleet-average standard for a given set of vehicles must correspond to the averaging set. We are also listing the 

emission standards that correspond to a 120,000 mile useful life rather than describing how to calculate those 

standards. 

§ 86.1811–17(b)(8) ....... Add a provision that Interim Tier 3 vehicles must continue to meet the 4000-mile SFTP standards for NMHC+NOX and 

CO from Tier 2. This requirement was included in the preamble text for the proposed rule and the final rule, but was 

inadvertently omitted from the regulatory text. 

§ 86.1811–17(b)(10) ..... Clarify provisions related to early credits: (1) Early credits may be used interchangeably (without adjustment) for vehicles certified to a useful life of either 120,000 miles or 150,000 miles. (2) Accumulated early credits should be used 

for demonstrating compliance with model year 2017 standards before doing the calculations to address proportionality relative to California emission credits. (3) Negative credits are subtracted from credit totals during the threeyear period for calculating credit caps (rather than ignoring them). (4) The calculation for applying the cap/threshold 

relative to California credits must be corrected to use the proper baseline quantity. 

§ 86.1811–17(b)(11) ..... Clarify provisions related to early certification to Tier 3 standards: (1) Bin 70 and cleaner vehicles are considered Tier 

3 vehicles on a voluntary basis and are therefore subject to the 150,000 mile useful life. (2) The transitional aspects 

of the Tier 3 program apply equally to vehicles certified early to the Tier 3 standards. 

§ 86.1811–17(g) ............ Revise the cold temperature testing specifications to clarify that CO and NMHC standards apply equally for certification and in-use testing, for low and high altitude, and for testing gasoline-only configurations of flexible-fuel vehicles. 

§ 86.1813–17 ................ Clarify that no separate fleet-average calculation is required for demonstrating compliance with high-altitude evaporative emission standards. These standards are determined as bin values relative to the standard that applies for 

testing at low-altitude conditions. 

§ 86.1829–15 ................ Adjust the refueling test waiver to state that it applies only for incomplete heavy-duty vehicles above 10,000 pounds 

GVWR, and for complete heavy-duty vehicles above 10,000 pounds GVWR with fuel tanks greater than 35 gallons, 

consistent with the preamble discussion in the final rule. These vehicles are the only ones that are newly subject to 

refueling emission standards. All smaller vehicles have already been subject to testing and certification requirements. 

§ 86.1829–15 ................ Add a paragraph to preserve the provisions related to measurement of N2O emissions as originally adopted at 

§ 86.1829–01(b)(2)(iii)(G). 

§ 86.1829–15 ................ Revise terminology to refer to ‘‘durability groups’’ rather than ‘‘durability data groups’’ for PM testing. 

§ 86.1844–01 ................ Specify that a manufacturer’s application for certification must include a description of leak families in addition to evaporative/refueling families. Since leak families are defined broadly, many manufacturers may have only a single leak 

family even if they have multiple evaporative/refueling families. 

§ 86.1845–01 ................ Clarify that the PM measurement instructions are limited to vehicles subject to Tier 3 PM standards, as discussed in 

the final rule. 

§ 86.1846–01 ................ Adjust the exclusion of high-mileage vehicles to the terminology changes to § 86.1845–05. This change aligns with the 

current practice of not including the results from testing the designated high-mileage vehicle at low altitude for making an IUVP determination for the test group. 

§ 86.1861–17 ................ Clarify that the separate averaging set corresponding to 120,000 mile useful life applies only for NMOG+NOX emission standards. 

§§ 600.116–12 and 

1066.501.

Clarify that certain portions of SAE J1711 apply separately for charge-depleting and charge-sustaining operation for 

hybrid-electric vehicles. 

§ 600.117 ...................... Adjust the description to more clearly apply the interim allowance for using Tier 2 fuel to determine whether vehicles 

pass the ‘‘litmus test’’ for using derived 5-cycle testing for fuel economy, as described further below. 

§ 600.117 ...................... Revise the description for test fuels to clarify that cold testing may be done with the higher-volatility fuel specified in 

§ 86.213, and that the requirement for using a common test fuel related to 5-cycle testing refers to the ethanol content of the fuel, not the whole range of test fuel specifications. 

§ 1037.103 .................... Refer to § 86.1805 for useful life values as they apply for evaporative emission standards, rather than referring more 

broadly to useful life values in 40 CFR part 86 for ‘‘criteria pollutants’’. 

§ 1037.104 .................... Refer to the useful life values specified in § 86.1805 for model year 2014 vehicles for the HD GHG standards. This 

sets the useful life values for the HD GHG standards to a fixed value, rather than specifying a cross reference to a 

section of the regulations that describes changing useful life values. 

§§ 1065.10 and 1066.10 Allow for a one-year lead time for upgrading to test procedure changes in 40 CFR part 86 where those changes would 

otherwise be required immediately with the effective date of the final rule. This is consistent with existing provisions 

for changes to 40 CFR part 1065 and part 1066. Note that this does not delay implementation of procedures corresponding to new emission standards. 

§ 1065.610 .................... Correct a sample calculation. 

§ 1065.710 .................... Correct the units for specifying hydrocarbon composition. These units were inadvertently changed in the Tier 3 rule 

from fractional to percent values. We are specifying these values in volume % to align with the associated ASTM 

procedure. 

§ 1065.710 .................... Revise the format of the volatility specification to include reference values in psi units. 

§ 1066.125 .................... Correct the description of calculating 1 Hz mean values. 

§ 1066.125 .................... Add a parenthetical reference to torque in pound-foot units corresponding to the primary value in Newtons. 

§ 1066.420 .................... Clarify that it is permissible to push the test vehicle onto the dynamometer to prepare for a hot-start or hot-stabilized 

test, as opposed to driving the vehicle onto the dynamometer. 

§ 1066.605 .................... Revise the sequence of calculations to determine a NOX result. The proper sequence is to first correct for background 

concentration, then to correct for intake air humidity. 


asabaliauskas on DSK5VPTVN1PROD with RULES
9082 Federal Register / Vol. 80, No. 33 / Thursday, February 19, 2015 / Rules and Regulations 

Regulatory citation Description 

§ 1066.615 .................... Correct the equations to properly apply the NOX humidity correction factor to account for humidity in the background 

measurement. 

§ 1066.635 .................... Clarify that the appropriate NMOG calculation for plug-in hybrid electric vehicles is based on operation over one full 

UDDS. 

§ 1066.701 .................... Correct a temperature that was inadvertently identified as 20 °C instead of 20 °F. 

§ 1066.710 .................... Clarify the instructions for heat settings during cold testing to more carefully differentiate between automatic systems 

that operate either in manual mode or in automatic mode. Automatic systems operating in manual mode should be 

set to a temperature of 72 °F ‘‘or higher’’ to align with current practice. 

§ 1066.801 .................... Correct an error in the testing flowchart so that the flowchart matches the procedure described in the regulations. 

§ 1066.815 .................... Reorganize the instructions for testing with and without bag 4 to improve the clarity of the test sequence. 

§ 1066.831 .................... Revise the description for testing heavy-duty vehicles at adjusted loaded vehicle weight to exclude MDPVs, which are 

tested like light-duty trucks. 

§ 1066.835 .................... Add a provision allowing for keeping the vehicle-cooling fan running while the vehicle is stopped if that is necessary 

for keeping ambient conditions within specified parameters. 

§ 1066.845 .................... Adjust the description of air conditioning settings during the AC17 test to describe how to account for systems with 

separate rear controls, and for systems that change default settings at key-off. 

§ 1066.1005 .................. Move the prefix ‘‘n’’ to be in the proper order. 

Various .......................... Change from ‘‘LA–92’’ to ‘‘Hot-LA–92’’ to allow us to specify that the referenced test procedure is only the first 1435 

seconds of what is known as the LA–92 driving schedule. The full cycle is 1735 seconds. This change is necessary 

to accomplish the intended alignment with the California ARB standards. 

We are also making various 

corrections for typographical errors and 

regulatory cross references. Note that 

one of these corrections is in the 

regulations for recreational vehicles at 

40 CFR 1051.501 to maintain a proper 

cross reference to the driving schedules 

in Appendix I of 40 CFR part 86. We are 

also correcting a typographical error 

from § 86.529–98 that was published 

several years ago. The specified range of 

loaded vehicle masses corresponding to 

certain road-load force coefficients and 

inertia weights has an entry that should 

be listed as applying from 656 to 665 kg; 

the published entry mistakenly 

identifies the range as 565 to 665 kg. 

One additional issue relates to test 

fuel for fuel economy testing. In the Tier 

3 final rule, EPA changed the 

certification test fuel for the Tier 3 

exhaust emission standards from a 9 psi 

RVP fuel with no ethanol (E0) 

(commonly referred to as Tier 2 fuel) to 

a 9 psi RVP fuel with 10 percent ethanol 

(E10). As an interim provision, EPA 

permitted vehicles certifying at levels 

above Bin 70 to use E0 fuel for Tier 3 

certification through model year 2019. 

The rule also permits early certification 

to Tier 3 requirements using 7 psi RVP 

E10 test fuel, commonly referred to as 

LEV III fuel since the California LEV III 

program phase-in begins with model 

year 2015. The rule also provides 

manufacturers the option to use EPA 

9RVP E0 fuel or 9RVP E10 fuel for 

certification for cold temperature testing 

since California does not specify a test 

fuel for that testing. 

Under the fuel economy regulations, 

manufacturers use the results of their 

exhaust emission tests as the basis for 

calculating litmus test evaluations (see 

40 CFR 600.115–11). However, in the 

Tier 3 rule EPA did not change the fuel 

economy test fuel specifications from E0 

to E10 as was done for Tier 3 exhaust 

emissions. The preamble to the final 

rule recognized that the difference in 

the emission and fuel economy test 

fuels has the potential to require extra 

emission testing for the fuel economy 

evaluations. To minimize this burden, 

EPA included several provisions in the 

regulations to minimize this potential 

burden (see 40 CFR 600.117) and 

indicated a commitment to make any 

appropriate adjustments to the fuel 

economy regulations to accommodate 

the change to an E10 test fuel when the 

needed emission data become available. 

As is discussed in the final rule (79 

FR 23531–23533, April 28, 2014), 

central to the litmus test evaluation is 

the requirement that data be available 

for all five emission test cycles and that 

the data be generated using the same 

test fuel on each cycle. Some confusion 

has arisen as to what cold FTP test fuel 

should be used in the litmus evaluations 

for early Tier 3 certifications using LEV 

III test fuel and for Tier 3 certification 

above Bin 70 before model year 2020. 

This occurs because California ARB 

does not specify a cold FTP test fuel 

and, as a transitional measure, EPA 

permits certification to Tier 3 Bin 125 

and Bin 160 using Tier 2 fuel. This 

amendment clarifies that the fuel 

economy test fuel requirements govern 

for the litmus test evaluations. As 

indicated in the preamble to the final 

rule at 79 FR 23533, manufacturers may 

use LEV III fuel (California Phase 3) in 

lieu of Tier 3 fuel, but any cold FTP 

testing must be done using the Tier 3 

cold FTP fuel. Thus, for purposes of the 

litmus test cold temperature testing, 

manufacturers must use the same test 

fuel (E10) as used for the other four 

cycles. For early Tier 3 certifications 

using LEV III test fuel, the cold FTP test 

data must be generated using Tier 3 cold 

FTP test fuel and in the case of the 

higher bins in the Tier 3 program as 

discussed above, the cold FTP must be 

based on the same fuel as used for the 

other four test cycles. The flexibility 

afforded for exhaust emission 

certification does not carry over to the 

litmus test evaluations. 

III. 40 CFR Part 80 Fuel Standards 

After promulgation of the Tier 3 final 

rulemaking (79 FR 23414, April 28, 

2014), we discovered some 

typographical errors and other areas in 

the part 80 regulations that we believe 

would benefit from some additional 

clarity. The following sections discuss 

the amendments to remedy these 

concerns. 

A. Performance-Based Measurement 

Systems (PBMS) 

Section Description 

80.8(e)(1)(iii) ......................... Amended to update IBR to most recent ASTM standard practice D5842–14 (Standard Practice for Sampling and 

Handling for Fuels for Volatility Measurement, approved January 15, 2014). 

80.46(d) ................................ Amended to clarify that distillation precision criterion is based on the reproducibility of Table 10 Groups 2, 3 and 

4 (Automated Method) contained in ASTM D86–07—clarifying note added to state that precision estimates in 

ASTM D86–12 do not apply. 


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Section Description 

80.46(b)(1), (c)(2), (d), (e), 

(f)(1), and (g)(1).

Amended to clarify beginning January 1, 2016 a test method approved under 40 CFR 80.47 ‘‘must’’ be used, 

rather than ‘‘may’’ be used, by the regulated community for demonstrating compliance measurements to EPA 

fuels standards. 

80.47(a)(7) ............................ Amended to correct typographical error (‘‘referee’’ to ‘‘reference’’). 

80.47(b)(1), (c)(1), (d)(1), 

(e)(1), (f)(1), (g)(1), (h)(1), 

(i)(1), (j)(1).

Amended to correct typographical error (‘‘emissions’’ to ‘‘omissions’’); and to add the statement ‘‘tests may be arranged into no fewer than five batches of four or fewer tests each, with only one such batch allowed per day 

over the minimum of 20 days’’. 

80.47(c)(1), (c)(2)(i), (c)(2)(ii) Amended to correct the examples listed for precision and accuracy demonstration for sulfur in butane to be consistent with the sulfur in gasoline 10 ppm average. 

80.47(h)(1) ............................ Amended to: correct typographical errors; clarify that distillation precision criterion is based on the reproducibility 

of Table 10 Groups 2, 3 and 4 (Automated Method) contained in ASTM D86–07 (clarifying note added stating 

that precision estimates in D86–12 do not apply); and revise IBR of D86 to the 2007 version. 

80.47(i)(1) ............................. Revised benzene precision criteria to 0.15 times R, rather than 0.3 times R to be consistent with preamble discussion. 

80.47(l) ................................. Amended to revise section heading and add paragraphs (l)(1)(ii) and (l)(2)(ii) to allow for Non-Voluntary Consensus Standard Based (non-VCSB) absolute fuel parameter of sulfur in gasoline and butane. Also clarifying 

that either a ‘‘test facility or VCSB’’ must meet the requirements of § 80.47(l). 

80.47(m)(6) ........................... Amended to correct reference for the use of the term ‘‘cross-method reproducibility’’ in ASTM D6708 from ‘‘as required’’ to ‘‘as recommended’’ and replaced the term ‘‘cross-method reproducibility’’ with ‘‘between methods reproducibility’’ to be consistent with D6708–13. 

80.47(n)(2)(i), (o)(2)(i), 

(p)(3)(i).

Amended to correct references to D6299–13 with regards to use of a quality control material (paragraph 3.2.3 

changed to 3.2.8), I Chart (section 7 changed to section 8) and MR charts (section A1.5.2 changed to A1.5.4). 

80.47(n)(2)(ii), (o)(2)(ii), 

(p)(3)(ii).

Amended to correct references to D6299–13 with regards to use of an I Chart (changed section 7 to section 8.7). 

80.47(n)(2)(iv), (o)(2)(iv), 

(p)(2)(iv); and (n)(1)(ii), 

(o)(1)(ii), (p)(1)(ii).

Amended to move the phrase ‘‘The expanded uncertainty of the accepted reference value of consensus named 

fuels shall have the following accuracy qualification criterion: Accuracy qualification criterion = square root 

[(0.75R)∧2+(0.75R)∧2/L], where L = the number of single results obtained from different labs used to calculate 

the consensus ARV.’’ from paragraphs (n)(2)(iv), (o)(2)(iv), (p)(2)(iv) to paragraphs (n)(1)(ii), (o)(1)(ii), (p)(1)(ii), 

respectively. 

80.47(o)(1) ............................ Amended to clarify value of ARV when not provided in an Inter Laboratory Crosscheck Program, by adding the 

following: ‘‘Facilities using a VCSB alternative method defined test method must use the Accepted Reference 

Value of the check standard as determined in a VCSB Inter Laboratory Crosscheck Program (ILCP) or a commercially available ILCP following the guidelines of ASTM D6299. If the Accepted Reference Value is not provided in the ILCP, accuracy must be assessed based upon the respective EPA designated test method using 

appropriate production samples.’’ 

80.47(o)(1) ............................ Amended to clarify that ILCPs are acceptable, by adding the following: ‘‘(Examples of ILCP: ASTM Reformulated 

Gasoline ILCP or ASTM motor gasoline ILCP)’’. 

80.47(p)(1) ............................ Amended to clarify value of ARV when not provided in ILCP, by adding the following: ‘‘Facilities using a NonVCSB alternative method defined test method must use the Accepted Reference Value of the check standard 

as determined in either a VCSB Inter Laboratory Crosscheck Program (ILCP) or a commercially available ILCP 

following the guidelines of ASTM D6299. If the Accepted Reference Value is not provided in the ILCP, accuracy must be assessed based upon the respective EPA designated test method using appropriate production 

samples.’’ 

80.47(p)(1) ............................ Amended to address concern that reproducibility is not established with Non-VCSB test methods, by adding the 

following: ‘‘The facility must construct ‘‘MR’’ and ‘‘I’’ charts with control lines as described in section 8.4 and appropriate Annex sections of this standard practice. In circumstances where the absolute difference between the 

mean of multiple back-to-back tests of the standard reference material and the accepted reference value of the 

standard reference material is greater than 0.75 times the published reproducibility of the fuel parameter’s respective designated test method must be investigated by the facility.’’ 

80.47(r)(1)(i) ......................... Amended to revise IBR of ASTM D86 to the 2007 version. 

80.330(b)(1)(i), (b)(1)(ii), 

(b)(2).

Amended to update IBR to most recent ASTM standard practice D5842–14 (Standard Practice for Sampling and 

Handling for Fuels for Volatility Measurement, approved January 15, 2014), and for consistency with IBR language throughout subpart O. 

80.584(a)(1) through (a)(3) .. Amended to correct inconsistencies with PBMS in § 80.47 regarding requirements for PBMS for sulfur in diesel 

fuel and ECA Marine Fuel at § 80.584 with regards to frequency of testing for the precision demonstration and 

VCSB self-qualification starting January 1, 2016. 

80.584(a)(1) through (a)(3) .. Amended to insert phrase ‘‘(tests may be arranged into no fewer than five batches of four or fewer tests each, 

with only one such batch allowed per day over the minimum of 20 days)’’ in applicable areas for diesel and 

ECA marine fuel to be consistent with frequency of testing for precision demonstration at § 80.47. 

80.585(a) .............................. Amended to revise diesel and ECA marine fuel sulfur qualification regulations to be consistent with PBMS (i.e., 

starting January 1, 2016), VCSB test methods self-qualify and need not be reported to the Agency for approval. 

80.585(a), (e)(1), (e)(4), (f) .. Amended to correct inconsistencies with PBMS in § 80.47 regarding requirements for PBMS for sulfur in diesel 

fuel and ECA marine fuel at § 80.584 with regards to frequency of testing for the precision demonstration and 

VCSB self-qualification starting January 1, 2016; and to add a new paragraph (f) for IBR. 

80.585(e)(1), (e)(2), (e)(4), 

(f).

Amended to update IBR and reference for use on ASTM D6299–13 in applicable diesel and ECA marine fuel sulfur regulations to be consistent with reference of use of ASTM D6299–13 in PBMS regulations at § 80.47, and 

to make minor formatting changes for IBR consistency throughout part 80. 


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B. Quality Assurance Program 

Amendments 

This action also makes minor 

technical amendments to regulatory 

changes finalized in the Voluntary 

Quality Assurance Program Rulemaking 

(‘‘QAP Rule’’, 79 FR 42078, July 18, 

2014). We are changing § 80.1471(d)(1) 

to reflect a change that industry widely 

requested and the public supported. In 

the final rulemaking we agreed to 

extend the notification period by an 

auditor for potentially invalid RINs from 

‘‘within the next business day’’ to 

‘‘within five business days.’’ We 

inadvertently neglected to change this 

reference in § 80.1471(d)(1) to the new 

‘‘within five business days’’ language. 

In the Notice of Proposed Rulemaking 

for the QAP Rule, we proposed a new 

section at § 80.1433 that would have 

changed the way parties that 

redesignated renewable fuels for nonqualifying uses would have to retire 

RINs, and we proposed new product 

transfer document (PTD) language at 

§ 80.1453(a)(12) to help convey the 

requirement to separate and/or retire 

RINs for parties that wished to 

redesignate renewable fuel for a nonqualifying use. After careful 

consideration of the public comments 

received, we chose not to finalize the 

proposed § 80.1433 requirements. This 

action is removing the extraneous 

reference to § 80.1433 in § 80.1453. 

Additionally, we are amending the 

PTD requirements at § 80.1453(a) to 

make the scope of these requirements 

consistent with similar requirements in 

other fuels programs. When we altered 

the scope of the PTD requirements at 

§ 80.1453 to include both neat and 

blended renewable fuels, we did not 

intend to expand the scope of these PTD 

requirements to convey the information 

at § 80.1453 to the consumer of such 

fuels, in most cases. In the preamble to 

the final QAP Rule, we noted that these 

requirements were meant to apply to 

regulated parties (79 FR 42105, July 18, 

2014). 

Historically, EPA has required 

applicable information on PTDs 

accompanying fuels to be conveyed 

through to retail stations and wholesale 

purchaser-consumers. The EPA has, in 

most cases, included language that 

exempts parties that are transferring title 

or custody of fuel to the ultimate 

consumer (e.g., the PTD requirements 

for detergents at § 80.158 and for E15 at 

§ 80.1503) or dispensing the fuel from a 

retail station or wholesale purchaserconsumer’s tank to a motor vehicle or 

nonroad engine (e.g., the PTD 

requirements for diesel and gasoline 

sulfur at §§ 80.590 and 80.1651, 

respectively). Requiring PTD language 

to convey information all the way down 

to consumers fueling at a retail station 

or homes receiving heating oil has little 

benefit to the effectiveness of EPA’s 

fuels programs and could be quite costly 

for retail stations and home heating oil 

distributors. Therefore, we are clarifying 

the scope of § 80.1453 by adding an 

exemption to the PTD requirements for 

renewable fuels dispensed into motor 

vehicles and nonroad vehicles, engines, 

and equipment (to include jet engines 

and home heating units). 

Section Description 

80.1426(c)(7) ........................ Amended to correct typographical error (‘‘§ 80.1451(b)(1)(ii)(T)(3)’’ to ‘‘§ 80.1451(b)(1)(ii)(T)(2)’’). 

80.1453(a) introductory text Amended for clarity in scope of requirements. 

80.1453(a)(12) introductory 

text.

Amended to remove extraneous reference to 80.1433. 

80.1471(d) ............................ Amended to add to ‘‘within five business days’’, consistent with the intent stated in the QAP rule preamble. 

C. Tier 3 Rulemaking Provisions Minor 

Technical Amendments 

As mentioned above, this rule corrects 

minor typographical errors that were 

discovered following the promulgation 

of the Tier 3 final rule (both within 40 

CFR part 80, subpart O, as well as 

additional 40 CFR part 80 provisions 

that were finalized as part of our 

regulatory streamlining efforts in the 

Tier 3 rulemaking). The following table 

contains a list of these amendments and 

a description of the change: 

Section Description 

80.2(cccc) ............................. Removed new definition of natural gas, as this definition already exists at § 80.2(tt). 

80.75(a)(2)(xi)(G) ................. Amended to correct reference from ‘‘§ 80.82(c) or (d)’’ to ‘‘§ 80.86(a)(3) or (a)(4)’’. 

80.82(e)(1) ............................ Amended to clarify that the provisions of an EPA-approved State Implementation Plan (SIP) apply to butane 

blenders. 

80.85(a) ................................ Amended introductory text to correct typographical errors (‘‘refinery’’ to ‘‘refiner’’). 

80.85(i) ................................. Amended to correct typographical errors (‘‘they’’ to ‘‘it’’, ‘‘comply’’ to complies’’). 

80.86(b)(2)(iv) and (b)(3)(iii) Amended to correct typographical errors (‘‘complaint’’ to ‘‘compliant’’). 

80.86(c) ................................ Amended to clarify that the PTD for pentane used by pentane blenders must contain the pentane producer or importer company name and facility registration number issued by EPA and the name and address of the transferor and transferee consistent with other part 80 PTD requirements. 

80.315(b)(1)(iii), 

80.1295(b)(1)(ii).

The Tier 3 rulemaking changed the due date for annual reports and credits from the end of February to March 31 

for all 40 CFR part 80 fuels programs; these paragraphs are being amended because the February date was 

inadvertently left in §§ 80.315(b)(1)(iii) and 80.1295(b)(1)(ii). 

80.330(c)(1), (d)(2) ............... Amended to correct year (‘‘December 31, 20’’ to ‘‘December 31, 2015’’). 

80.597(d)(3) .......................... Amended to correct reference from paragraph (d) to paragraph (d)(3). 

80.1270(b)(2) ........................ Amended to clarify that butane blenders using the provisions of § 80.82 and pentane blenders using the provisions of § 80.85 may not generate benzene credits. 

80.1609(a) ............................ Amended to correct typographical error and to correct a regulatory cite. 

80.1611(a)(1), ....................... Amended to improve the clarity in cases where producers of certified ethanol denaturants produce product to a 

lower sulfur maximum than the required 300 ppm maximum. 

80.1611(c) introductory text, 

(c)(1), and (c)(2).

Amended for improved clarity and to correct typographical errors. 

80.1611(d) ............................ Amended to correct typographical error (‘‘denaturant’’ instead of ‘‘oxygenate’’). 

80.1613(a) ............................ Amended to correct typographical error (‘‘less than 1.0’’ replaces ‘‘1.0 or less’’). 

80.1613(b)(3) ........................ Added to clarify that it is a violation to exceed an additive manufacturer’s recommended treatment level when 

doing so would contribute more than 3 ppm to the sulfur content of the resulting finished gasoline. 


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Section Description 

80.1615(d)(1), (d)(2) ............. Revised for clarity by moving the phrase ‘‘From January 1, 2017 through December 31, 2019’’ to the beginning of 

each paragraph. 

80.1616(a)(4) ........................ Amended to add a ‘‘Reserved’’ paragraph (a)(4) to fix numbering error. 

80.1616(b)(2) ........................ Amended language to clarify that credits expire on December 31 and are reported the following March 31. 

80.1620(d) ............................ Revised to correct year to 2012. 

80.1620(e)(1), (e)(2), (f)(1) ... Revised to correct dates to 2013. 

80.1621(c), (d) ...................... Reserved paragraph (c); added paragraph (d), which was inadvertently deleted from the regulations, but is referred to in the preamble and in § 80.1622(e). 

80.1640(a)(2) ........................ Amended to correct reference from paragraph (a)(5) to paragraph (a)(1). 

80.1642(c)(3) ........................ Amended paragraph to correct typographical errors. 

80.1650 ................................ Amended to remove phrase ‘‘whichever is earlier’’ from paragraphs specifying the dates by which reports must be 

submitted, as this would contradict the ability of parties to register after the initial date that parties involved in a 

given activity must be registered. 

80.1652(c) ............................ Amended to correct word error (‘‘producer’’ instead of ‘‘refiner’’). 

80.1667(c)(1) ........................ Removed paragraph (c)(1) to match the intentions of § 80.1615(a) that refiners—including gasoline blenders (excluding those specified in § 80.1615(a)(3))—may generate Tier 3 credits beginning in 2014. 

IV. Small SI Test Fuel and Bonding 

Provisions 

On June 17, 2013, EPA modified the 

test procedures for measuring exhaust 

emissions from land-based nonroad 

small spark-ignition engines (small SI 

engines) to allow for exhaust emission 

certification testing with a test fuel that 

has 10 percent ethanol as specified by 

California ARB (78 FR 36370). We 

adopted that provision on an interim 

basis, through model year 2019, with 

the expectation that we would further 

evaluate the appropriate test fuel for 

onroad and nonroad applications. The 

Tier 3 motor vehicle emission standards 

include a new certification test fuel 

specification that is much like 

California ARB’s Phase 3 test fuel in that 

it includes 10 percent ethanol (E10). 

Small SI manufacturers have 

requested that we address the test fuel 

questions in a way that does not leave 

them uncertain about certification test 

fuel options starting in model year 2020. 

While the effort to adopt the new EPA 

nonroad test fuel specification lies 

ahead, we agree with the manufacturers 

that the new ethanol-based test fuel 

associated with the Tier 3 motor vehicle 

emission standards allows us to take the 

step of removing the expiration of the 

provision allowing for the use of the 

similar California ARB Phase 3 test fuel 

for small SI engines. In the future, we 

expect to go through a rulemaking to 

incorporate EPA’s Tier 3 test fuel into 

the emission programs for small sparkignition engines, including an 

assessment of how the changing test fuel 

relates to the stringency of the emission 

standards. 

When we adopted Phase 3 exhaust 

emission standards for Small SI engines 

in 2008, we included a new set of 

requirements for manufacturers to post 

a bond as a means of ensuring 

compliance with regulatory 

requirements (73 FR 59034, October 8, 

2008). Manufacturers have been 

complying with the bond requirements 

since 2010. The bond provisions are 

generally working as expected, but we 

have found several items that should be 

adjusted or clarified to help with 

ongoing implementation, as follows: 

• Clarify that bonds are intended to 

cover any improperly funded 

compliance obligations relative only to 

engines that must comply with 40 CFR 

part 1054. The bond provisions are not 

intended to extend to engines that a 

manufacturer certifies under other EPA 

programs. 

• Specify that small-volume engine 

manufacturers and small-volume 

equipment manufacturers (collectively 

small-volume manufacturers, as defined 

in 40 CFR 1054.801) are subject to an 

alternate minimum bond value of 

$25,000, rather than the $500,000 

minimum that applies for other 

manufacturers. This arrangement has 

been the working policy under the 

broader allowance specified in 

§ 1054.635(d). Codifying these terms 

allows us to streamline the process and 

remove uncertainty for small-volume 

manufacturers. 

• Adopt a cap on the bond value that 

corresponds to the applicable bondwaiver threshold. Since U.S.-based 

assets are roughly analogous to bond 

values as a measure of our ability to 

compel compliance (or remedy 

deficiencies) for the different kinds of 

companies, this approach provides a 

measure of parity or fairness between 

those that must post bond and those that 

qualify for a bond waiver based on their 

assets in the United States. This is 

consistent with the approach we took on 

an interim basis to specify a maximum 

bond value of $10 million. The new 

provision replaces the $10 million cap 

in § 1054.145(o). 

• Clarify how bond values may 

change within a given year, and in 

future years: (1) Bond values may be 

adjusted for a given year any time before 

the first importation or sale for that year; 

(2) once a bond value is fixed for a given 

year, that value may not be decreased 

during the year, even if sales volumes 

are less than anticipated; and (3) bond 

values may be reset with each new year, 

but these values must reflect actual sales 

volumes for the preceding three years. 

This arrangement allows a manufacturer 

to take a deliberate approach to resetting 

bond values if sales volumes change 

substantially over time. 

• Change the protocol for adjusting 

thresholds and bond values for 

inflation. Small, annual changes create 

confusion and an implementation 

burden, with very small incremental 

benefit. To streamline that process and 

still account for the cumulative effects 

of inflation, we are specifying that we 

will adjust the thresholds and bond 

values in 2020, and every ten years after 

that, using a less precise rounding 

protocol. These changes will not require 

rulemaking to take effect, but we will 

likely modify the regulation to reflect 

these periodic adjustments. 

V. Evaporative Test Procedures for 

Nonroad Equipment 

We specify evaporative emission 

standards, test procedures, and 

certification requirements in 40 CFR 

part 1060. This includes measurement 

procedures for fuel permeation through 

fuel lines and fuel tanks, and for diurnal 

emissions from fuel tanks. We are 

making the following changes to these 

regulations: 

• Clarify that boat builders and other 

equipment manufacturers that install 

uncertified components are required to 

certify those fuel-system components as 

if they were component manufacturers. 

The original regulatory language 

described a requirement for equipment 

manufacturers to certify as equipment 

manufacturers if they were installing 

uncertified components, but we have 


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found that the certification process is 

most straightforward if we treat them as 

component manufacturers. 

• The test procedures originally 

allowed for manufacturers to use good 

engineering judgment to address 

technical concerns related to measuring 

emissions from narrow-diameter fuel 

lines. In 2013, SAE published a 

voluntary consensus standard (SAE 

J2996) specifying measurement 

procedures for these narrow-diameter 

fuel lines. We agree that the SAE 

standard reflects good engineering 

judgment in the effort to measure 

emissions and are therefore 

incorporating this standard by reference 

in § 1060.515. This alternative SAE 

standard was designed for Small SI 

products, but it may be used in other 

applications as well; note, however, that 

U.S. Coast Guard requires 

measurements based on SAE J1527 in 

some cases. We are including the 

following clarifications and adjustments 

related to the specified SAE standards 

for all fuel-line permeation testing: (1) 

The test requires emission sampling 

over a 14-day period; (2) Two days of 

non-testing per week are allowed to 

accommodate weekend work schedules; 

(3) To remove any ambiguity from the 

published SAE standards, we are stating 

in our regulations that testing must 

occur at 23±2 °C; and (4) The final test 

result is based on a simple arithmetic 

average of measured emission values 

over the 14-day sampling period. These 

changes allow for internal consistency, 

and generally align with the procedures 

adopted by California ARB. To the 

extent that there are remaining 

differences, manufacturers may ask for 

approval to use different procedures 

under § 1060.505(c)(2) or (c)(3). 

• Correct a typographical error in the 

kPa pressure value for preconditioning 

fuel tanks for a permeation 

measurement. The psi value in the 

regulation is correct. 

• Correct the sample calculation for 

determining an emission result from a 

diurnal emission test. 

• Adjust the procedure to account for 

buoyancy effects in tank permeation 

measurements by replacing the 

requirement to use two identical tanks 

with a requirement to use a second tank 

that has a total volume that is within 5 

percent of the test tank’s total volume. 

This will allow manufacturers and test 

labs to rely on a smaller number of stock 

fuel tanks to make the necessary but 

minor corrections that result from 

fluctuating atmospheric pressure. 

• Adjust and clarify diurnal test 

procedures: (1) Add a specification for 

in-tank thermocouples for tracking fuel 

temperature for testing marine fuel 

tanks; (2) Replace the hourly profile of 

fuel temperatures with clearer 

specification about tracking test fuel 

temperature from a specified starting 

point to a specified (calculated) 

endpoint. The vapor generation should 

be nearly constant between test runs as 

long as fuel temperature continues to 

increase from the low temperature to the 

high temperature; (3) Standardize the 

procedure for purging the evaporative 

canister to prepare for testing based on 

a simulation of the in-use experience; 

this is based on engine purge for landbased applications, and on passive 

(ambient) purge for marine applications. 

This canister preconditioning is a 

necessary step to establish a known 

starting point for designing a system 

that meets the diurnal emission 

standard; and (4) Include temperature 

tolerance bands for the diurnal 

temperature cycle. Note that we are not 

proposing or requesting comment on 

changing the test procedure for marine 

fuel tanks to base the temperature 

profile on ambient temperatures instead 

of fuel temperatures. 

• Establish a gravimetric test method 

for determining mass of emissions for 

tanks with a diurnal emission standard 

of at least 2.0 grams of hydrocarbon. 

Emission test procedures involving an 

emission standard of less than 2.0 grams 

of hydrocarbon need the more accurate 

measurements available from using a 

flame ionization detector (FID) within a 

sealed enclosure. 

VI. Portable Fuel Containers 

On February 26, 2007, EPA adopted a 

set of requirements to reduce emissions 

from portable fuel containers (PFC) at 40 

CFR part 59, subpart F (72 FR 8533). 

EPA review of PFC designs and 

discussions with PFC manufacturers 

suggest that the manufacturers may have 

read the provisions of 40 CFR part 59, 

subpart F, too narrowly and that their 

interpretations may have unnecessarily 

constrained some design approaches 

that may have otherwise allowed for 

improved in-use performance and 

consumer satisfaction. EPA did not 

intend to impact manufacturer design 

approaches beyond those deemed by the 

manufacturer as necessary to meet the 

emission control requirements as 

otherwise specified in 40 CFR part 59, 

and is including language in this rule to 

clarify regulatory requirements that 

apply to PFCs. Specifically, the revised 

regulation states that it is allowable for 

manufacturers to design PFCs with 

vents to relieve pressure, provided that 

the venting device is in place during 

emission testing, and provided that the 

venting device closes automatically 

when not in use. 

The modifications to 40 CFR part 59, 

subpart F, do not change the regulatory 

requirements with regard to emission 

standards and test procedures, but better 

define some elements of design and 

clarify how various approaches would 

be considered in testing. Upon seeing 

these modifications to the regulations, 

PFC manufacturers may elect to pursue 

design approaches they deem 

appropriate, which they may have 

thought were not available to them 

previously. 

VII. MARPOL Annex VI 

Implementation 

The Act to Prevent Pollution from 

Ships (APPS) implements the 

provisions of the International 

Convention for the Prevention of 

Pollution from Ships (MARPOL) Annex 

VI for the United States (33 U.S.C. 

1901–1912). EPA adopted regulations in 

2010 to summarize these requirements 

and to describe engine certification 

procedures and other relevant 

provisions as specified in APPS (75 FR 

22896, April 30, 2010). MARPOL Annex 

VI has been amended since issuance of 

that Federal Register notice to include 

designation of the North American ECA 

and the U.S. Caribbean Sea ECA and 

various other changes. We are amending 

40 CFR part 1043 in this rulemaking to 

align the regulations with the 

amendments of MARPOL Annex VI to 

facilitate stakeholder compliance, and to 

correct certain technical errors. 

First, the most fundamental step in 

updating 40 CFR part 1043 is to cite the 

2013 publication of MARPOL Annex VI 

and the further amendments concluded 

at MEPC 66 in April 2014 (see 40 CFR 

1043.100). Likewise, MARPOL Annex 

VI was recently amended to waive the 

fuel-sulfur requirements for certain 

steamships until January 1, 2020. Part 

1043 already includes such a waiver for 

steamships operating in the Great Lakes. 

We are codifying the additional 

temporary steamship exemption in 

§ 1043.97. Note that covered steamships 

will be required to comply with the 

relevant sulfur limits when the 

exemption expires on January 1, 2020. 

Second, we inadvertently adopted 

regulatory language in 40 CFR part 1043 

that differs from the language of Annex 

VI. For example, we originally adopted 

the provisions in 40 CFR part 1043 with 

an erroneous date, stating that the 

0.10% fuel-sulfur standard applies 

starting January 1, 2016, which should 

be January 1, 2015. The Annex VI 

specification is enforceable with or 

without this correction in 40 CFR part 

1043, but we want to make the change 

to avoid any possible confusion. We 

also identified the NOX standards based 


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Federal Register / Vol. 80, No. 33 / Thursday, February 19, 2015 / Rules and Regulations 9087 

on an engine’s model year; this should 

identify the applicability of NOX

standards based on the build date of 

new vessels, or on the date of major 

modifications in other circumstances. 

We are correcting these errors in part 

1043. 

Third, we are adding clarifying 

language relating to public vessels. 

MARPOL Annex VI exempts public 

vessels from engine standards and fuel 

requirements. Public vessels are defined 

as ‘‘warships, naval auxiliary vessels, 

and other vessels owned or operated by 

a sovereign country when engaged in 

noncommercial service.’’ We want to 

clarify that any vessel that has a 

national security exemption (for engines 

or fuel) is automatically considered a 

public vessel. 

Fourth, we are clarifying regulatory 

provisions to address whether or how 

emission credits apply for EPA 

certificates and EIAPP certificates. 

Engine manufacturers are interested in 

getting an EPA certificate under 40 CFR 

part 1042 and an EIAPP certificate 

under 40 CFR part 1043 for the same 

engine. This would allow them 

maximum flexibility in selling engines 

to boat builders for installation in 

vessels used in domestic or 

international service. Certification to 

EPA standards under 40 CFR part 1042 

allows manufacturers to use emission 

credits to make some engines with 

emission levels that are above the 

specified standard. MARPOL Annex VI 

and 40 CFR part 1043 do not have such 

an allowance. We are modifying the 

regulation to clarify that an engine may 

not be covered by both an EPA 

certificate and an EIAPP certificate if its 

certification under 40 CFR part 1042 

depends on using emission credits to 

allow for an emission level above the 

specified standard. If an engine has 

emission levels below the specified 

standard and it is used to generate 

emission credits under 40 CFR part 

1042, this would not disqualify an 

engine from also getting an EIAPP 

certificate under 40 CFR part 1043. 

Lastly, we are making clarifying edits 

to the fuels regulations under 40 CFR 

part 80 for MARPOL Annex VI 

implementation; the table below lists 

these edits. While some of these edits 

are purely corrections to typographical 

errors, we are also making edits to 

clarify the treatment of fuels under 

MARPOL Annex VI, Regulation 3 and 

Regulation 4. Regulation 3 authorizes 

trial programs that involve a permit 

allowing a ship operator to use fuel that 

exceeds the fuel-sulfur standards that 

would otherwise apply. Regulation 4 

allows for flag states to approve the use 

of high-sulfur fuel for vessels that are 

equipped with technology that allows 

for an equivalent level of control. 

Specifically, we are amending the 

definition of ‘‘ECA marine fuel’’ at 40 

CFR 80.2(ttt) to clarify that vessels with 

Regulation 3 permits or Regulation 4 

equivalencies can in fact use fuel that 

exceeds the ECA marine fuel sulfur 

standard. Further, to provide producers, 

distributors, and marketers of fuel for 

use under a Regulation 3 permit or a 

Regulation 4 equivalency the ability to 

denote such fuel on their PTDs, we are 

amending 40 CFR 80.590 to provide 

these parties with express PTD 

statements that may be used in lieu of 

the statements that are currently in the 

regulations. 

MARPOL ANNEX VI-RELATED AMENDMENTS TO 40 CFR PART 80, SUBPART I 

Section Description of change 

80.2(ttt) ................................. Amended the definition of ECA marine fuel to clarify that fuel allowed by MARPOL Annex VI Regulation 3 permits 

or Regulation 4 equivalencies under 40 CFR part 1043 is not required to meet the ECA marine fuel requirements. 

80.510 section heading ........ Amending to clarify that this section applies to refiners and importers. 

80.510(k) and 80.511(b)(9) .. Amending to clarify that fuel allowed by Regulation 3 permits or Regulation 4 equivalencies is not required to 

meet the ECA marine fuel requirements. 

80.574(b) .............................. Amended to update the address for submitting ECA marine fuel alternative label requests.

80.590(b) .............................. Amended to allow for PTD statements for use with fuel permitted for use under MARPOL Annex VI Regulation 3, 

Regulation 4, or both. 

80.607 (a), (c), (d), (f) .......... Amended to remove references to ECA marine fuel, as research and development permits are separate from 

Regulation 3 permits under 40 CFR part 1043. 

80.608(d) .............................. Amended to correct minor typographical errors. 

VIII. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders can be 

found at http://www2.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action and was therefore not 

submitted to the Office of Management 

and Budget (OMB) for review. 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden under the 

PRA, since it merely clarifies and 

corrects existing regulatory language. 

OMB has previously approved the 

information collection activities 

contained in the existing regulations 

and has assigned OMB control numbers 

as noted in the table below. 

Regulatory citation Item OMB Control No. 

40 CFR part 86 ................................................................... Light-duty vehicle standards .............................................. 2060–0104 

40 CFR part 86 ................................................................... Heavy-duty vehicle standards ............................................ 2060–0287 

40 CFR part 86 ................................................................... In-use verification program ................................................. 2060–0086 

40 CFR part 80 ................................................................... In-use fuel standards .......................................................... 2060–0437 

40 CFR part 1043 ............................................................... MARPOL Annex VI ............................................................ 2060–0641 

40 CFR part 1054 ............................................................... Small SI exhaust emission standards ................................ 2060–0338 

40 CFR part 1060 ............................................................... Nonroad SI evaporative emission standards ..................... 2060–0321, 2060–0338 


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9088 Federal Register / Vol. 80, No. 33 / Thursday, February 19, 2015 / Rules and Regulations 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. In making this 

determination, the impact of concern is 

any significant adverse economic 

impact on small entities. An agency may 

certify that a rule will not have a 

significant economic impact on a 

substantial number of small entities if 

the rule relieves regulatory burden, has 

no net burden or otherwise has a 

positive economic effect on the small 

entities subject to the rule. This rule 

merely clarifies and corrects existing 

regulatory language. We therefore 

anticipate no costs and therefore no 

regulatory burden associated with this 

rule. We have therefore concluded that 

this action will have no net regulatory 

burden for all directly regulated small 

entities. 

D. Unfunded Mandates Reform Act 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. The action imposes no 

enforceable duty on any state, local or 

tribal governments. Requirements for 

the private sector do not exceed $100 

million in any one year. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175. This rule merely corrects 

and clarifies regulatory provisions. 

Tribal governments would be affected 

only to the extent they purchase and use 

regulated vehicles or engines. Thus, 

Executive Order 13175 does not apply 

to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

as applying only to those regulatory 

actions that concern environmental 

health or safety risks that the EPA has 

reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it does not concern an 

environmental health risk or safety risk. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer 

Advancement Act 

This action involves technical 

standards. EPA has decided to use the 

following voluntary consensus 

standards: 

Organization Standard Available from 

SAE International .................... SAE J2996, Small Diameter Fuel Line Permeation Test Procedure, Issued January 2013 ... www.sae.org. 

ASTM International ................. ASTM D86–07, Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure, approved January 15, 2007.www.astm.org. 

ASTM International ................. ASTM standard practice D4057–12, Standard Practice for Manual Sampling of Petroleum 

and Petroleum Products, approved December 1, 2012.

www.astm.org. 

ASTM International ................. ASTM standard practice D4177–95 (Reapproved 2010), Standard Practice for Automatic 

Sampling of Petroleum and Petroleum Products, approved May 1, 2010.

www.astm.org. 

ASTM International ................. ASTM standard practice D5842–14, Standard Practice for Sampling and Handling for Fuels 

for Volatility Measurement, approved January 15, 2014.

www.astm.org. 

ASTM International ................. ASTM standard practice D6299–13, Standard Practice for Applying Statistical Quality Assurance and Control Charting Techniques to Evaluate Analytical Measurement System 

Performance, approved October 1, 2013.

www.astm.org. 

This action also involves technical 

standards for marine diesel engines. 

There are no voluntary consensus 

documents that address these technical 

standards. EPA has therefore decided to 

use the following standards from the 

International Maritime Organization: 

Organization Standard Available from 

International Maritime Organization.MARPOL Annex VI, Regulations for the Prevention of Pollution from Ships, Third Edition, 

2013.

www.imo.org. 

International Maritime Organization.NOX Technical Code 2008, 2013 Edition ................................................................................. www.imo.org. 

International Maritime Organization.Annex 12, Resolution MEPC.251(66) from the Report of the Marine Environment Protection 

Committee on its Sixty-Sixth Session, April 25, 2014.

www.imo.org. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

This action is not expected to have 

any adverse human health or 

environmental impacts; as a result, the 

human health or environmental risk 

addressed by this action will not have 

potential disproportionately high and 

adverse human health or environmental 

effects on minority, low-income or 

indigenous populations. 

K. Congressional Review Act 

This action is subject to the CRA, and 

EPA will submit a rule report to each 

House of the Congress and to the 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 


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IX. Statutory Provisions and Legal 

Authority 

Statutory authority for this action 

comes from 42 U.S.C. 7401–7671q and 

33 U.S.C. 1901–1912. 

List of Subjects 

40 CFR Part 59 

Environmental protection, Air 

pollution control, Confidential business 

information, Labeling, Ozone, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

40 CFR Part 80 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Confidential 

Business Information, Diesel fuel, Fuel 

additives, Gasoline, Imports, 

Incorporation by reference, Labeling, 

Motor vehicle pollution, Penalties, 

Petroleum, Reporting and recordkeeping 

requirements. 

40 CFR Part 85 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Confidential 

Business Information, Imports, Labeling, 

Motor vehicle pollution, Reporting and 

recordkeeping requirements, Research, 

Warranties. 

40 CFR Part 86 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Confidential 

Business Information, Imports, Labeling, 

Motor vehicle pollution, Reporting and 

recordkeeping requirements, 

Warranties. 

40 CFR Part 600 

Environmental protection, 

Administrative practice and procedure, 

Electric power, Fuel economy, Labeling, 

Reporting and recordkeeping 

requirements. 

40 CFR Part 1037 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Confidential 

business information, Labeling, Motor 

vehicle pollution, Reporting and 

recordkeeping requirements, 

Warranties. 

40 CFR Part 1043 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Imports, 

Incorporation by reference, Vessels, 

Reporting and recordkeeping 

requirements. 

40 CFR Parts 1051 and 1054 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Confidential 

business information, Imports, Labeling, 

Penalties, Reporting and recordkeeping 

requirements, Warranties. 

40 CFR Part 1060 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Confidential 

business information, Imports, 

Incorporation by reference, Labeling, 

Penalties, Reporting and recordkeeping 

requirements, Warranties. 

40 CFR Parts 1065 and 1066 

Environmental protection, 

Administrative practice and procedure, 

Reporting and recordkeeping 

requirements, Research. 

Dated: February 2, 2015. 

Gina McCarthy, 

Administrator. 

For the reasons set out in the 

preamble, title 40, chapter I of the Code 

of Federal Regulations is amended as set 

forth below. 

PART 59—NATIONAL VOLATILE 

ORGANIC COMPOUND EMISSION 

STANDARDS FOR CONSUMER AND 

COMMERCIAL PRODUCTS 

■ 1. The authority citation for part 59 

continues to read as follows: 

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

Subpart F—[Amended] 

■ 2. Section 59.611 is amended by 

revising paragraph (c)(1)(ii) to read as 

follows: 

§ 59.611 What evaporative emission 

requirements apply under this subpart? 

* * * * * 

(c) * * * 

(1) * * * 

(ii) For anyone to design, 

manufacture, or install emission control 

systems with features that disable, 

deactivate, reduce effectiveness, or 

bypass the emission controls, either 

actively or passively. However, you may 

include a vent that the operator can 

open to bypass emission controls if that 

vent closes automatically (i.e., without 

operator involvement). You may include 

such design features if they operate 

during emission tests described in 

subpart F of this part. For example, you 

may include an integrated or external 

manually activated device in the 

portable fuel container’s design to 

temporarily relieve pressure, provided 

that the device is in place during 

emission testing and closes 

automatically when not in use. 

* * * * * 

■ 3. Section 59.623 is amended by 

revising paragraph (a) to read as follows: 

§ 59.623 What must I include in my 

application? 

* * * * * 

(a) Describe the emission family’s 

specifications and other basic 

parameters of the emission controls. List 

each distinguishable configuration in 

the emission family. Include 

descriptions and part numbers for all 

detachable components such as spouts 

and caps and describe any devices 

designed for venting pressure, if 

applicable. 

* * * * * 

■ 4. Section 59.625 is amended by 

adding paragraph (b)(6) to read as 

follows: 

§ 59.625 How do I select emission 

families? 

* * * * * 

(b) * * * 

(6) Strategy for venting pressure. 

* * * * * 

PART 80—REGULATION OF FUELS 

AND FUEL ADDITIVES 

■ 5. The authority citation for part 80 

continues to read as follows: 

Authority: 42 U.S.C. 7414, 7521, 7542, 

7545, and 7601(a). 

Subpart A—General Provisions 

■ 6. Section 80.2 is amended by: 

■ a. Revising paragraph (ttt). 

■ b. Removing and reserving paragraph 

(cccc). 

The revisions read as follows: 

§ 80.2 Definitions. 

* * * * * 

(ttt) ECA marine fuel is diesel, 

distillate, or residual fuel that meets the 

criteria of paragraph (ttt)(1) of this 

section, but not the criteria of paragraph 

(ttt)(2) of this section. 

(1) All diesel, distillate, or residual 

fuel used, intended for use, or made 

available for use in Category 3 marine 

vessels while the vessels are operating 

within an Emission Control Area (ECA), 

or an ECA associated area, is ECA 

marine fuel, unless it meets the criteria 

of paragraph (ttt)(2) of this section. 

(2) ECA marine fuel does not include 

any of the following fuel: 

(i) Fuel used by exempted or excluded 

vessels (such as exempted steamships), 

or fuel used by vessels allowed by the 

U.S. government pursuant to MARPOL 

Annex VI Regulation 3 or Regulation 4 


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to exceed the fuel sulfur limits while 

operating in an ECA or an ECA 

associated area (see 33 U.S.C. 1903). 

(ii) Fuel that conforms fully to the 

requirements of this part for NRLM 

diesel fuel (including being designated 

as NRLM). 

(iii) Fuel used, or made available for 

use, in any diesel engines not installed 

on a Category 3 marine vessel. 

* * * * * 

(cccc) [Reserved] 

* * * * * 

■ 7. Section 80.8 is amended by revising 

paragraph (e)(1) to read as follows: 

§ 80.8 Sampling methods for gasoline, 

diesel fuel, fuel additives, and renewable 

fuels. 

* * * * * 

(e) * * * 

(1) ASTM International material. The 

following standards are available from 

ASTM International, 100 Barr Harbor 

Dr., P.O. Box C700, West 

Conshohocken, PA 19428–2959, (877) 

909–ASTM, or http://www.astm.org: 

(i) ASTM D4057–12, Standard 

Practice for Manual Sampling of 

Petroleum and Petroleum Products, 

approved December 1, 2012 (‘‘ASTM 

D4057’’). 

(ii) ASTM D4177–95 (Reapproved 

2010), Standard Practice for Automatic 

Sampling of Petroleum and Petroleum 

Products, approved May 1, 2010 

(‘‘ASTM D4177’’). 

(iii) ASTM D5842–14, Standard 

Practice for Sampling and Handling of 

Fuels for Volatility Measurement, 

approved January 15, 2014 (‘‘ASTM 

D5842’’). 

(iv) ASTM D5854–96 (Reapproved 

2010), Standard Practice for Mixing and 

Handling of Liquid Samples of 

Petroleum and Petroleum Products, 

approved May 1, 2010 (‘‘ASTM 

D5854’’). 

* * * * * 

Subpart D—Reformulated Gasoline 

■ 8. Section 80.46 is amended by: 

■ a. Revising paragraph (b)(1); 

■ b. Revising paragraph (c)(2) 

introductory text; 

■ c. Revising paragraph (d); 

■ d. Revising paragraph (e); 

■ e. Revising paragraph (f)(1); 

■ f. Revising paragraph (g)(1); and 

■ g. Revising paragraph (h)(1). 

The revisions read as follows: 

§ 80.46 Measurement of reformulated 

gasoline and conventional gasoline fuel 

parameters. 

* * * * * 

(b) * * * 

(1) Through December 31, 2015, olefin 

content must be determined using 

ASTM D1319. Beginning January 1, 

2016, the olefin content of gasoline must 

be determined by a test method 

approved under § 80.47. 

* * * * * 

(c) * * * 

(2) Beginning January 1, 2016, RVP 

must be determined by a test method 

approved under § 80.47, except as 

provided in paragraph (c)(2)(i) of this 

section. 

* * * * * 

(d) Distillation. Through December 31, 

2015, distillation parameters must be 

determined using ASTM D86. Beginning 

January 1, 2016, the distillation 

parameters must be determined by a test 

method approved under § 80.47. (Note: 

The precision estimates for 

reproducibility in ASTM D86–12 do not 

apply; see § 80.47(h).) 

(e) Benzene. Through December 31, 

2015, benzene content must be 

determined using ASTM D3606, except 

that instrument parameters shall be 

adjusted to ensure complete resolution 

of the benzene, ethanol and methanol 

peaks because ethanol and methanol 

may cause interference with ASTM 

D3606 when present. Beginning January 

1, 2016, the benzene content must be 

determined by a test method approved 

under § 80.47. 

(f)(1) Through December 31, 2015, 

aromatic content must be determined 

using ASTM D5769, except the sample 

chilling requirements in section 8 of this 

standard method are optional. 

Beginning January 1, 2016, the aromatic 

content must be determined by a test 

method approved under § 80.47. 

* * * * * 

(g) * * * (1) Through December 31, 

2015, oxygen and oxygenate content 

must be determined using ASTM 

D5599. Beginning January 1, 2016, 

oxygen and oxygenate content must be 

determined by a test method approved 

under § 80.47. 

* * * * * 

(h) * * * 

(1) ASTM International material. The 

following standards are available from 

ASTM International, 100 Barr Harbor 

Dr., P.O. Box C700, West 

Conshohocken, PA 19428–2959, (877) 

909–ASTM, or http://www.astm.org: 

(i) ASTM D86–12, Standard Test 

Method for Distillation of Petroleum 

Products at Atmospheric Pressure, 

approved December 1, 2012 (‘‘ASTM 

D86’’). 

(ii) ASTM D1319–13, Standard Test 

Method for Hydrocarbon Types in 

Liquid Petroleum Products by 

Fluorescent Indicator Adsorption, 

approved May 1, 2013 (‘‘ASTM 

D1319’’). 

(iii) ASTM D2622–10, Standard Test 

Method for Sulfur in Petroleum 

Products by Wavelength Dispersive Xray Fluorescence Spectrometry, 

approved February 15, 2010 (‘‘ASTM 

D2622’’). 

(iv) ASTM D3120–08, Standard Test 

Method for Trace Quantities of Sulfur in 

Light Liquid Petroleum Hydrocarbons 

by Oxidative Microcoulometry, 

approved December 15, 2008 (‘‘ASTM 

D3120’’). 

(v) ASTM D3246–11, Standard Test 

Method for Sulfur in Petroleum Gas by 

Oxidative Microcoulometry, approved 

June 1, 2011 (‘‘ASTM D3246’’). 

(vi) ASTM D3606–10, Standard Test 

Method for Determination of Benzene 

and Toluene in Finished Motor and 

Aviation Gasoline by Gas 

Chromatography, approved October 1, 

2010 (‘‘ASTM D3606’’). 

(vii) ASTM D4468–85 (Reapproved 

2011), Standard Test Method for Total 

Sulfur in Gaseous Fuels by 

Hydrogenolysis and Rateometric 

Colorimetry, approved November 1, 

2011 (‘‘ASTM D4468’’). 

(viii) ASTM D4815–13, Standard Test 

Method for Determination of MTBE, 

ETBE, TAME, DIPE, tertiary-Amyl 

Alcohol and C1 to C4 Alcohols in 

Gasoline by Gas Chromatography, 

approved October 1, 2013 (‘‘ASTM 

D4815’’). 

(ix) ASTM D5191–13, Standard Test 

Method for Vapor Pressure of Petroleum 

Products (Mini Method), approved 

December 1, 2013 (‘‘ASTM D5191’’). 

(x) ASTM D5453–12, Standard Test 

Method for Determination of Total 

Sulfur in Light Hydrocarbons, Spark 

Ignition Engine Fuel, Diesel Engine 

Fuel, and Engine Oil by Ultraviolet 

Fluorescence, approved November 1, 

2012 (‘‘ASTM D5453’’). 

(xi) ASTM D5599–00 (Reapproved 

2010), Standard Test Method for 

Determination of Oxygenates in 

Gasoline by Gas Chromatography and 

Oxygen Selective Flame Ionization 

Detection, approved October 1, 2010 

(‘‘ASTM D5599’’). 

(xii) ASTM D5769–10, Standard Test 

Method for Determination of Benzene, 

Toluene, and Total Aromatics in 

Finished Gasolines by Gas 

Chromatography/Mass Spectrometry, 

approved May 1, 2010 (‘‘ASTM 

D5769’’). 

(xiii) ASTM D6550–10, Standard Test 

Method for Determination of Olefin 

Content of Gasolines by SupercriticalFluid Chromatography, approved 

October 1, 2010 (‘‘ASTM D6550’’). 

(xiv) ASTM D6667–10, Standard Test 

Method for Determination of Total 

Volatile Sulfur in Gaseous 

Hydrocarbons and Liquefied Petroleum 


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Gases by Ultraviolet Fluorescence, 

approved October 1, 2010 (‘‘ASTM 

D6667’’). 

(xv) ASTM D6920–13, Standard Test 

Method for Total Sulfur in Naphthas, 

Distillates, Reformulated Gasolines, 

Diesels, Biodiesels, and Motor Fuels by 

Oxidative Combustion and 

Electrochemical Detection, approved 

September 15, 2013 (‘‘ASTM D6920’’). 

(xvi) ASTM D7039–13, Standard Test 

Method for Sulfur in Gasoline, Diesel 

Fuel, Jet Fuel, Kerosine, Biodiesel, 

Biodiesel Blends, and Gasoline-Ethanol 

Blends by Monochromatic Wavelength 

Dispersive X-ray Fluorescence 

Spectrometry, approved September 15, 

2013 (‘‘ASTM D7039’’). 

* * * * * 

■ 9. Section 80.47 is amended by: 

■ a. Revising paragraph (a)(7); 

■ b. Revising paragraphs (b)(1), (b)(2)(i), 

and (b)(2)(ii); 

■ c. Revising paragraphs (c)(1), (c)(2)(i), 

and (c)(2)(ii); 

■ d. Revising paragraph (d)(1); 

■ e. Revising paragraph (e)(1); 

■ f. Revising paragraph (f)(1); 

■ g. Revising paragraph (g)(1); 

■ h. Revising paragraph (h)(1); 

■ i. Revising paragraph (i)(1); 

■ j. Revising paragraph (j)(1); 

■ k. Revising paragraph (l); 

■ l. Revising paragraph (m)(6); 

■ m. Revising paragraphs (n)(1), 

(n)(2)(i), and (n)(2)(ii), and removing 

and reserving paragraph (n)(2)(iv); 

■ n. Revising paragraphs (o)(1), (o)(2)(i), 

(o)(2)(ii), and removing and reserving 

paragraph (o)(2)(iv); 

■ o. Revising paragraphs (p)(1), (p)(3)(i), 

and (p)(3)(ii), and removing and 

reserving paragraph (p)(3)(iv); and 

■ p. Revising paragraph (r)(1). 

The revisions read as follows: 

§ 80.47 Performance-based Analytical Test 

Method Approach. 

* * * * * 

(a) * * * 

(7) Locally-named reference materials 

are gasoline or diesel fuels that are 

usually from the regular production of 

the facility where they are used in 

laboratory quality control efforts and 

have been analyzed using the 

designated method (either by the 

facility’s lab or by a reference lab) to 

obtain an estimate of their 

concentration. 

* * * * * 

(b) * * * (1) Precision. Beginning 

January 1, 2016, for motor vehicle 

gasoline, gasoline blendstock, and 

gasoline fuel additives subject to the 

gasoline sulfur standard at §§ 80.195 

and 80.1603, the maximum allowable 

standard deviation computed from the 

results of a minimum of 20 tests made 

over 20 days (tests may be arranged into 

no fewer than five batches of four or 

fewer tests each, with only one such 

batch allowed per day over the 

minimum of 20 days) on samples using 

good laboratory practices taken from a 

single homogeneous commercially 

available gasoline must be less than or 

equal to 1.5 times the repeatability ‘‘r’’ 

divided by 2.77, where ‘‘r’’ equals the 

ASTM repeatability of ASTM D7039 

(Example: A 10ppm sulfur gasoline 

sample: Maximum allowable standard 

deviation of 20 tests≤1.5*(1.73ppm/

2.77)=0.94 ppm). The 20 results must be 

a series of tests with a sequential record 

of analysis and no omissions. A 

laboratory facility may exclude a given 

sample or test result only if the 

exclusion is for a valid reason under 

good laboratory practices and it 

maintains records regarding the sample 

and test results and the reason for 

excluding them. 

(2) * * * 

(i) The arithmetic average of a 

continuous series of at least 10 tests 

performed using good laboratory 

practices on a commercially available 

gravimetric sulfur standard in the range 

of 1–10 ppm, say 10 ppm, shall not 

differ from the accepted reference value 

(ARV) of the standard by more than 0.70 

ppm sulfur; 

(ii) The arithmetic average of a 

continuous series of at least 10 tests 

performed using good laboratory 

practices on a commercially available 

gravimetric sulfur standard in the range 

of 10–20 ppm, say 20 ppm, shall not 

differ from the ARV of the standard by 

more than 1.02 ppm sulfur; and 

* * * * * 

(c) * * * (1) Precision. Beginning 

January 1, 2016, for butane subject to 

the butane sulfur standard at §§ 80.82, 

80.195, 80.340(b) and 80.1603, the 

maximum allowable standard deviation 

computed from the results of a 

minimum of 20 tests made over 20 days 

(tests may be arranged into no fewer 

than five batches of four or fewer tests 

each, with only one such batch allowed 

per day over the minimum of 20 days) 

on samples using good laboratory 

practices taken from a single 

homogeneous commercially available 

butane must be less than or equal to 1.5 

times the repeatability (r) divided by 

2.77, where ‘‘r’’ equals the ASTM 

repeatability of ASTM D6667 (Example: 

A 10 ppm sulfur butane sample: 

Maximum allowable standard deviation 

of 20 tests≤1.5*(1.15ppm/2.77) = 0.62 

ppm). The 20 results must be a series of 

tests with a sequential record of analysis 

and no omissions. A laboratory facility 

may exclude a given sample or test 

result only if the exclusion is for a valid 

reason under good laboratory practices 

and it maintains records regarding the 

sample and test results and the reason 

for excluding them. 

(2) * * * 

(i) The arithmetic average of a 

continuous series of at least 10 tests 

performed using good laboratory 

practices on a commercially available 

gravimetric sulfur standard in the range 

of 1–10 ppm, say 10 ppm, shall not 

differ from the accepted reference value 

(ARV) of the standard by more than 0.47 

ppm sulfur; 

(ii) The arithmetic average of a 

continuous series of at least 10 tests 

performed using good laboratory 

practices on a commercially available 

gravimetric sulfur standard in the range 

of 10–20 ppm, say 20 ppm, shall not 

differ from the accepted reference value 

(ARV) of the standard by more than 0.94 

ppm sulfur; and 

* * * * * 

(d) * * * 

(1) Precision. Beginning January 1, 

2016, for motor vehicle gasoline, 

gasoline blendstock, and gasoline fuel 

additives subject to the gasoline 

standards of this part, the maximum 

allowable standard deviation computed 

from the results of a minimum of 20 

tests made over 20 days (tests may be 

arranged into no fewer than five batches 

of four or fewer tests each, with only 

one such batch allowed per day over the 

minimum of 20 days) on samples using 

good laboratory practices taken from a 

single homogeneous commercially 

available gasoline must be less than or 

equal to 0.3 times the reproducibility 

(R), where ‘‘R’’ equals the ASTM 

reproducibility of ASTM D1319 

(Example: A gasoline containing 9 Vol% 

olefins: Maximum allowable standard 

deviation of 20 tests ≤0.3*(3.06 Vol%) = 

0.92 Vol%). The 20 results must be a 

series of tests with a sequential record 

of analysis and no omissions. A 

laboratory facility may exclude a given 

sample or test result only if the 

exclusion is for a valid reason under 

good laboratory practices and it 

maintains records regarding the sample 

and test results and the reason for 

excluding them. 

* * * * * 

(e) * * * 

(1) Precision. Beginning January 1, 

2016, for motor vehicle gasoline, 

gasoline blendstock, and gasoline fuel 

additives subject to the gasoline 

standards of this part, the maximum 

allowable standard deviation computed 

from the results of a minimum of 20 

tests made over 20 days (tests may be 


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arranged into no fewer than five batches 

of four or fewer tests each, with only 

one such batch allowed per day over the 

minimum of 20 days) on samples using 

good laboratory practices taken from a 

single homogeneous commercially 

available gasoline must be less than or 

equal to 0.3 times the reproducibility 

(R), where ‘‘R’’ equals the ASTM 

reproducibility of ASTM D1319 

(Example: A gasoline containing 

32Vol% aromatics: Maximum allowable 

standard deviation of 20 tests ≤0.3*(3.7 

Vol%) = 1.11Vol%). The 20 results must 

be a series of tests with a sequential 

record of analysis and no omissions. A 

laboratory facility may exclude a given 

sample or test result only if the 

exclusion is for a valid reason under 

good laboratory practices and it 

maintains records regarding the sample 

and test results and the reason for 

excluding them. 

* * * * * 

(f) * * * 

(1) Precision. Beginning January 1, 

2016, for motor vehicle gasoline, 

gasoline blendstock, and gasoline fuel 

additives subject to the gasoline 

standards of this part, the maximum 

allowable standard deviation computed 

from the results of a minimum of 20 

tests made over 20 days (tests may be 

arranged into no fewer than five batches 

of four or fewer tests each, with only 

one such batch allowed per day over the 

minimum of 20 days) on samples using 

good laboratory practices taken from a 

single homogeneous commercially 

available gasoline must be less than or 

equal to 0.3 times the reproducibility 

(R), where ‘‘R’’ equals the ASTM 

reproducibility of ASTM D5599 

(Example: A gasoline containing 

3Mass% total oxygen: Maximum 

allowable standard deviation of 20 tests 

≤0.3*(0.32 Mass%) = 0.10 Mass%). The 

20 results must be a series of tests with 

a sequential record of analysis and no 

omissions. A laboratory facility may 

exclude a given sample or test result 

only if the exclusion is for a valid 

reason under good laboratory practices 

and it maintains records regarding the 

sample and test results and the reason 

for excluding them. 

* * * * * 

(g) * * * 

(1) Precision. Beginning January 1, 

2016, for motor vehicle gasoline, 

gasoline blendstock, and gasoline fuel 

additives subject to the gasoline 

standards of this part and volatility 

standards at § 80.27, the maximum 

allowable standard deviation computed 

from the results of a minimum of 20 

tests made over 20 days (tests may be 

arranged into no fewer than five batches 

of four or fewer tests each, with only 

one such batch allowed per day over the 

minimum of 20 days) on samples using 

good laboratory practices taken from a 

single homogeneous commercially 

available gasoline must be less than or 

equal to 0.3 times the reproducibility 

(R), where ‘‘R’’ equals the ASTM 

reproducibility of ASTM D5191 

(Example: A gasoline having a RVP of 

6.8psi: Maximum allowable standard 

deviation of 20 tests withdrawn from a 

250 milliliter container ≤0.3*(0.40psi) = 

0.12 psi). The 20 results must be a series 

of tests with a sequential record of 

analysis and no omissions. A laboratory 

facility may exclude a given sample or 

test result only if the exclusion is for a 

valid reason under good laboratory 

practices and it maintains records 

regarding the sample and test results 

and the reason for excluding them. 

* * * * * 

(h) * * * 

(1) Precision. Beginning January 1, 

2016, for motor vehicle gasoline, 

gasoline blendstock, and gasoline fuel 

additives subject to the gasoline 

standards of this part, the maximum 

allowable standard deviation computed 

from the results of a minimum of 20 

tests made over 20 days (tests may be 

arranged into no fewer than five batches 

of four or fewer tests each, with only 

one such batch allowed per day over the 

minimum of 20 days) on samples using 

good laboratory practices taken from a 

single homogeneous commercially 

available gasoline must be less than or 

equal to 0.3 times the reproducibility 

(R), where ‘‘R’’ equals the ASTM 

reproducibility in Table 10, Groups 2, 3 

and 4 (Automated) of ASTM D86–07 for 

the initial boiling point, E10, E50, E90 

and final boiling point. (Example: A 

gasoline having an initial boiling point 

of 26 °C and a final boiling point of 215 

°C: Maximum allowable standard 

deviation of 20 tests for initial boiling 

point ≤0.3*(8.5 °C) = 2.55 °C, maximum 

allowable standard deviation of 20 tests 

for E10 ≤0.3*(3.0+2.64*Sc)°C, maximum 

allowable standard deviation of 20 tests 

for E50 ≤0.3*(2.9+3.97*Sc)°C, maximum 

allowable standard deviation of 20 tests 

for E90 ≤0.3*(2.0+2.53*Sc) °C, and 

maximum allowable standard deviation 

of 20 tests for final boiling point 

≤0.3*(10.5 °C) = 3.15 °C), where Sc is 

the average slope (or rate of change) of 

the gasoline distillation curve as 

calculated in accordance with section 

13.2 of ASTM D86–07. The 20 results 

must be a series of tests with a 

sequential record of analysis and no 

omissions. Note that the precision 

criteria described in this paragraph 

(h)(1) differ from what is specified in 

ASTM D86–12. A laboratory facility 

may exclude a given sample or test 

result only if the exclusion is for a valid 

reason under good laboratory practices 

and it maintains records regarding the 

sample and test results and the reason 

for excluding them. 

* * * * * 

(i) * * * 

(1) Precision. Beginning January 1, 

2016, for motor vehicle gasoline, 

gasoline blendstock, and gasoline fuel 

additives subject to the gasoline 

standards of this part and MSAT2 

standards at §§ 80.41, 80.101, 80.1230, 

the maximum allowable standard 

deviation computed from the results of 

a minimum of 20 tests made over 20 

days (tests may be arranged into no 

fewer than five batches of four or fewer 

tests each, with only one such batch 

allowed per day over the minimum of 

20 days) on samples using good 

laboratory practices taken from a single 

homogeneous commercially available 

gasoline must be less than or equal to 

0.15 times the reproducibility (R), where 

‘‘R’’ equals the ASTM reproducibility of 

ASTM D3606 (Example: A gasoline 

having a 1Vol% benzene: Maximum 

allowable standard deviation of 20 tests 

≤0.15*(0.18 Vol%) = 0.027Vol%). The 

20 results must be a series of tests with 

a sequential record of analysis and no 

omissions. A laboratory facility may 

exclude a given sample or test result 

only if the exclusion is for a valid 

reason under good laboratory practices 

and it maintains records regarding the 

sample and test results and the reason 

for excluding them. 

* * * * * 

(j) * * * 

(1) Precision. Beginning January 1, 

2016, for motor vehicle diesel fuel 

subject to the motor vehicle diesel 

standards at § 80.520, the maximum 

allowable standard deviation computed 

from the results of a minimum of 20 

tests made over 20 days (tests may be 

arranged into no fewer than five batches 

of four or fewer tests each, with only 

one such batch allowed per day over the 

minimum of 20 days) on samples using 

good laboratory practices taken from a 

single homogeneous commercially 

available diesel fuel must be less than 

or equal to 0.3 times the reproducibility 

(R), where ‘‘R’’ equals the ASTM 

reproducibility of ASTM D1319 

(Example: A diesel fuel containing 35 

Vol% aromatics: maximum allowable 

standard deviation of 20 tests ≤0.3*(3.3 

Vol%) = 0.99Vol%). The 20 results must 

be a series of tests with a sequential 

record of analysis and no omissions. A 

laboratory facility may exclude a given 

sample or test result only if the 


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exclusion is for a valid reason under 

good laboratory practices and it 

maintains records regarding the sample 

and test results and the reason for 

excluding them. 

* * * * * 

(l) Qualification criteria for Voluntary 

Consensus Standard Based (VCSB) 

Method-Defined Parameter Test 

Methods and Non-voluntary Consensus 

Standard Based (non-VCSB) Absolute 

Fuel Parameter of Sulfur in Gasoline 

and Butane. (1)(i) Beginning January 1, 

2016, the test facility or VCSB include 

full test method documentation by the 

Voluntary Consensus Standard Based 

(VCSB) organization, including a 

description of the technology and/or 

instrumentation that makes the method 

functional. 

(ii) For the Non-voluntary Consensus 

Standard Based (non-VCSB) Absolute 

Fuel Parameter of Sulfur in Gasoline 

and Butane, the test facility include full 

test method documentation, including a 

description of the technology and/or 

instrumentation that makes the method 

functional. 

(2)(i) The test facility or VCSB include 

information reported in the test method 

that demonstrates the test method meets 

the applicable precision information for 

the method-defined fuel parameter as 

described in this section. 

(ii) For the Non-VCSB absolute fuel 

parameter of sulfur in gasoline and 

butane, the test facility include 

information reported in the test method 

that demonstrates the applicable 

accuracy criteria as described in 

§ 80.47(b)(2) for gasoline and 

§ 80.47(c)(2) for butane. 

(3) The test facility or VCSB include 

information reported in the test method 

that demonstrates the test method has 

been evaluated using ASTM D6708 and 

whether the comparison is a ‘‘null’’ 

result or whether a correlation equation 

needs to be applied that predicts 

designated test method results from the 

applicable method-defined alternative 

test method. 

(4) The test methods specified at 

§§ 80.2(w) and 80.46(a)(1), (a)(2), (b)(1), 

(c)(1), (d)(1), (e)(1), (f)(1), and (g)(1) and 

in use by a test facility prior to October 

28, 2013 are exempt from the 

requirements of paragraphs (l)(1) 

through (3) of this section. 

(m) * * * 

(6) The candidate method-defined 

non-VCSB test method precision 

qualification must be conducted in the 

form of ‘‘between methods 

reproducibility’’ (Rcm) of the candidate 

method and applicable designated test 

method as recommended in ASTM 

D6708, where the Rcm must be equal to 

or less than 70 percent of the published 

reproducibility of the applicable 

designated test method using good 

laboratory practices. 

* * * * * 

(n) * * * 

(1)(i) Accuracy SQC. Every facility 

shall conduct tests on every instrument 

with a commercially available 

gravimetric reference material, or check 

standard as defined in ASTM D6299 at 

least three times a year using good 

laboratory practices. The facility must 

pre-treat and assess results from the 

check standard testing after at least 15 

testing occasions as described in section 

8.2 of this standard practice. The facility 

must construct ‘‘MR’’ and ‘‘I’’ charts 

with control lines as described in 

section 8.4 and appropriate Annex 

sections of this standard practice. In 

circumstances where the absolute 

difference between the mean of multiple 

back-to-back tests of the standard 

reference material and the accepted 

reference value of the standard reference 

material is greater than 0.75 times the 

published reproducibility of the test 

method, the cause of such difference 

must be investigated by the facility. 

Records of the standard reference 

materials measurements as well as any 

investigations into any exceedance of 

these criteria must be kept for a period 

of five years. 

(ii) The expanded uncertainty of the 

accepted reference value of consensus 

named fuels shall have the following 

accuracy qualification criterion: 

Accuracy qualification criterion = 

square root [(0.75R)∧2+(0.75R)∧2/L], 

where L = the number of single results 

obtained from different labs used to 

calculate the consensus ARV. 

(2)(i) Precision SQC. Every facility 

shall conduct tests on every instrument 

with a quality control material as 

defined in paragraph 3.2.8 in ASTM 

D6299 either once per week or once per 

every 20 production tests, whichever is 

more frequent. The facility must 

construct and maintain an ‘‘I’’ chart as 

described in section 8 and section 

A1.5.1 and a ‘‘MR’’ chart as described in 

section A1.5.4. Any violations of control 

limit(s) should be investigated by 

personnel of the facility and records 

kept for a period of five years. 

(ii) Validation of New QC Material. 

When a test facility is making a 

transition from one batch of QC material 

to the next batch of QC material, the 

facility will either construct an ‘‘I’’ chart 

as described in section 8.7 and section 

A1.5.1 of ASTM D6299, or follow the 

‘‘Q-Procedure’’ in Annex 1.9 of ASTM 

D6299. In following the Q-Procedure, if 

the plot of results from the ‘‘old’’ and 

‘‘new’’ QC materials on its respective 

chart shows no special-cause signals, 

then the result of the ‘‘new’’ QC material 

will be considered valid. 

* * * * * 

(iv) [Reserved] 

* * * * * 

(o) * * * 

(1)(i) Accuracy SQC. Every facility 

shall conduct tests of every instrument 

with a commercially available check 

standard as defined in ASTM D6299 at 

least three times a year using good 

laboratory practices. The check standard 

must be an ordinary fuel with levels of 

the fuel parameter of interest close to 

either the applicable regulatory standard 

or the average level of use for the 

facility. For facilities using a VCSB 

designated method defined test method, 

the Accepted Reference Value of the 

check standard must be determined by 

the respective designated test method 

for the fuel parameter following the 

guidelines of ASTM D6299. Facilities 

using a VCSB alternative method 

defined test method must use the 

Accepted Reference Value of the check 

standard as determined in a VCSB Inter 

Laboratory Crosscheck Program (ILCP) 

or a commercially available ILCP 

following the guidelines of ASTM 

D6299. If the Accepted Reference Value 

is not provided in the ILCP, accuracy 

must be assessed based upon the 

respective EPA-designated test method 

using appropriate production samples. 

The facility must pre-treat and assess 

results from the check standard testing 

after at least 15 testing occasions as 

described in section 8.2 of this standard 

practice. The facility must construct 

‘‘MR’’ and ‘‘I’’ charts with control lines 

as described in section 8.4 and 

appropriate Annex sections of this 

standard practice. In circumstances 

where the absolute difference between 

the mean of multiple back-to-back tests 

of the standard reference material and 

the accepted reference value of the 

standard reference material is greater 

than 0.75 times the published 

reproducibility of the test method, the 

cause of such difference must be 

investigated by the facility. Participation 

in a VCSB ILCP at least three times a 

year satisfies this Accuracy SQC 

requirement (Examples of ILCP: ASTM 

Reformulated Gasoline ILCP or ASTM 

motor gasoline ILCP). Records of the 

standard reference materials 

measurements as well as any 

investigations into any exceedance of 

these criteria must be kept for a period 

of five years. 

(ii) The expanded uncertainty of the 

accepted reference value of consensus 


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named fuels shall have the following 

accuracy qualification criterion: 

Accuracy qualification criterion = 

square root [(0.75R)∧2+(0.75R)∧2/L], 

where L = the number of single results 

obtained from different labs used to 

calculate the consensus ARV. 

(2)(i) Precision SQC. Every facility 

shall conduct tests of every instrument 

with a quality control material as 

defined in paragraph 3.2.8 in ASTM 

D6299 either once per week or once per 

every 20 production tests, whichever is 

more frequent. The facility must 

construct and maintain an ‘‘I’’ chart as 

described in section 8 and section 

A1.5.1 and a ‘‘MR’’ chart as described in 

section A1.5.4. Any violations of control 

limit(s) should be investigated by 

personnel of the facility and records 

kept for a period of five years. 

(ii) Validation of New QC Material. 

When a test facility is making a 

transition from one batch of QC material 

to the next batch of QC material, the 

facility will either construct an ‘‘I’’ chart 

as described in section 8.7 and section 

A1.5.1 of ASTM D6299, or follow the 

‘‘Q-Procedure’’ in Annex 1.9 of ASTM 

D6299. In following the Q-Procedure if 

the plot of results from the ‘‘old’’ and 

‘‘new’’ QC materials on its respective 

chart shows no special-cause signals, 

then the result of the ‘‘new’’ QC material 

will be considered valid. 

* * * * * 

(iv) [Reserved] 

* * * * * 

(p) * * * 

(1)(i) Accuracy SQC for Non-VCSB 

Method-Defined test methods with 

minimal matrix effects. Every facility 

shall conduct tests on every instrument 

with a commercially available check 

standard as defined in the ASTM D6299 

at least three times a year using good 

laboratory practices. The check standard 

must be an ordinary fuel with levels of 

the fuel parameter of interest close to 

either the applicable regulatory standard 

or the average level of use for the 

facility. Facilities using a Non-VCSB 

alternative method defined test method 

must use the Accepted Reference Value 

of the check standard as determined in 

either a VCSB Inter Laboratory 

Crosscheck Program (ILCP) or a 

commercially available ILCP following 

the guidelines of ASTM D6299. If the 

Accepted Reference Value is not 

provided in the ILCP, accuracy must be 

assessed based upon the respective EPA 

designated test method using 

appropriate production samples. The 

facility must pre-treat and assess results 

from the check standard testing after at 

least 15 testing occasions as described 

in section 8.2 of this standard practice. 

The facility must construct ‘‘MR’’ and 

‘‘I’’ charts with control lines as 

described in section 8.4 and appropriate 

Annex sections of this standard 

practice. In circumstances where the 

absolute difference between the mean of 

multiple back-to-back tests of the 

standard reference material and the 

accepted reference value of the standard 

reference material is greater than 0.75 

times the published reproducibility of 

the fuel parameter’s respective 

designated test method, the cause of 

such difference must be investigated by 

the facility. Records of the standard 

reference materials measurements as 

well as any investigations into any 

exceedance of these criteria must be 

kept for a period of five years. 

(ii) The expanded uncertainty of the 

accepted reference value of consensus 

named fuels shall have the following 

accuracy qualification criterion: 

Accuracy qualification criterion = 

square root [(0.75R)∧2+(0.75R)∧2/L], 

where L = the number of single results 

obtained from different labs used to 

calculate the consensus ARV. 

* * * * * 

(3)(i) Precision SQC. Every facility 

shall conduct tests on every instrument 

with a quality control material as 

defined in paragraph 3.2.8 in ASTM 

D6299 either once per week or once per 

every 20 production tests, whichever is 

more frequent. The facility must 

construct and maintain an ‘‘I’’ chart as 

described in section 8 and section 

A1.5.1 and a ‘‘MR’’ chart as described in 

section A1.5.4. Any violations of control 

limit(s) should be investigated by 

personnel of the facility and records 

kept for a period of five years. 

(ii) Validation of New QC Material. 

When a test facility is making a 

transition from one batch of QC material 

to the next batch of QC material, the 

facility will either construct an ‘‘I’’ chart 

as described in section 8.7 and section 

A1.5.1 of ASTM D6299, or follow the 

‘‘Q-Procedure’’ in Annex 1.9 of ASTM 

D6299. In following the Q-Procedure, if 

the plot of results from the ‘‘old’’ and 

‘‘new’’ QC materials on its respective 

chart shows no special-cause signals, 

then the result of the ‘‘new’’ QC material 

will be considered valid. 

* * * * * 

(iv) [Reserved] 

* * * * * 

(r) * * * 

(1) ASTM International material. The 

following standards are available from 

ASTM International, 100 Barr Harbor 

Dr., P.O. Box C700, West 

Conshohocken, PA 19428–2959, (877) 

909–ASTM, or http://www.astm.org: 

(i) ASTM D86–07, Standard Test 

Method for Distillation of Petroleum 

Products at Atmospheric Pressure, 

approved January 15, 2007 (‘‘ASTM 

D86’’). 

(ii) ASTM D1319–13, Standard Test 

Method for Hydrocarbon Types in 

Liquid Petroleum Products by 

Fluorescent Indicator Adsorption, 

approved May 1, 2013 (‘‘ASTM 

D1319’’). 

(iii) ASTM D3606–10, Standard Test 

Method for Determination of Benzene 

and Toluene in Finished Motor and 

Aviation Gasoline by Gas 

Chromatography, approved October 1, 

2010 (‘‘ASTM D3606’’). 

(iv) ASTM D5191–13, Standard Test 

Method for Vapor Pressure of Petroleum 

Products (Mini Method), approved 

December 1, 2013 (‘‘ASTM D5191’’). 

(v) ASTM D5599–00 (Reapproved 

2010), Standard Test Method for 

Determination of Oxygenates in 

Gasoline by Gas Chromatography and 

Oxygen Selective Flame Ionization 

Detection, approved October 1, 2010 

(‘‘ASTM D5599’’). 

(vi) ASTM D6299–13, Standard 

Practice for Applying Statistical Quality 

Assurance and Control Charting 

Techniques to Evaluate Analytical 

Measurement System Performance, 

approved October 1, 2013 (‘‘ASTM 

D6299’’). 

(vii) ASTM D6667–10, Standard Test 

Method for Determination of Total 

Volatile Sulfur in Gaseous 

Hydrocarbons and Liquefied Petroleum 

Gases by Ultraviolet Fluorescence, 

approved October 1, 2010 (‘‘ASTM 

D6667’’). 

(viii) ASTM D6708–13, Standard 

Practice for Statistical Assessment and 

Improvement of Expected Agreement 

Between Two Test Methods that Purport 

to Measure the Same Property of a 

Material, approved May 1, 2013 

(‘‘ASTM D6708’’). 

(ix) ASTM D6792–13, Standard 

Practice for Quality System in 

Petroleum Products and Lubricants 

Testing Laboratories, approved May 15, 

2013 (‘‘ASTM D6792’’). 

(x) ASTM D7039–13, Standard Test 

Method for Sulfur in Gasoline, Diesel 

Fuel, Jet Fuel, Kerosine, Biodiesel, 

Biodiesel Blends, and Gasoline-Ethanol 

Blends by Monochromatic Wavelength 

Dispersive X-ray Fluorescence 

Spectrometry, approved September 15, 

2013, (‘‘ASTM D7039’’). 

* * * * * 

■ 10. Section 80.75 is amended by 

revising paragraph (a)(2)(xi)(G) to read 

as follows: 


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§ 80.75 Reporting requirements. 

* * * * * 

(a) * * * 

(2) * * * 

(xi) * * * 

(G) The properties of the pentane 

batch specified by the pentane supplier, 

or the properties specified in 

§ 80.86(a)(3) or (a)(4), as appropriate 

along with the test method used to 

measure these properties. 

* * * * * 

■ 11. Section 80.82 is amended by 

revising paragraph (e)(1) to read as 

follows: 

§ 80.82 Butane blending. 

* * * * * 

(e)(1) When butane is blended with 

conventional gasoline under this section 

during the period May 1 through 

September 15, the refiner shall 

demonstrate through sampling and 

testing, using the test method for Reid 

vapor pressure in § 80.46 or § 80.47, as 

applicable, that each batch of 

conventional gasoline blended with 

butane meets the volatility standards 

specified in § 80.27 and in any EPA 

approved SIP. 

* * * * * 

■ 12. Section 80.85 is amended by 

revising paragraphs (a) introductory 

text, (b) introductory text, (g), and (i) to 

read as follows: 

§ 80.85 Pentane blending. 

* * * * * 

(a) Any refiner that blends pentane for 

which the refiner has product transfer 

documents from a registered pentane 

supplier which demonstrate that the 

pentane is blender-commercial grade, as 

defined in § 80.86(a)(3), may 

demonstrate compliance with the 

standards in this part based on the 

properties specified in § 80.86(a)(3), or 

the properties specified by the pentane 

supplier, provided that the refiner does 

all the following: 

* * * * * 

(b) Any refiner that blends pentane for 

which the refiner has product transfer 

documents from a registered pentane 

supplier which demonstrate that the 

pentane is blender-non-commercial 

grade, as defined in § 80.86(a)(4), may 

demonstrate compliance with the 

standards in this part based on the 

properties specified in § 80.86(a)(4), or 

the properties specified by the pentane 

supplier, provided that the refiner does 

all the following: 

* * * * * 

(g) All pentane blended into gasoline 

during the annual averaging period 

must be included in annual average 

compliance calculations by a refiner for 

each of its refineries. 

* * * * * 

(i) If a refiner does not fully 

implement the requirements of this 

section, it may not rely on test results 

from the pentane producer, and may 

only blend pentane with gasoline if it 

fully complies with all applicable 

requirements of this part 80, including 

the sampling and testing requirements 

applicable to refiners who produce 

gasoline by adding blendstocks to PCG. 

■ 13. Section 80.86 is amended by 

revising paragraphs (b)(2)(iv), (b)(3)(iii), 

and (c) to read as follows: 

§ 80.86 Requirements for producers and 

importers of pentane used by pentane 

blenders. 

* * * * * 

(b) * * * 

(2) * * * 

(iv) A description of the production 

facility which demonstrates that the 

facility is capable of producing pentane 

that is compliant with the requirements 

of this section without significant 

modifications to the existing facility. 

* * * * * 

(3) * * * 

(iii) A description of the importer’s 

operating facility which demonstrates 

that the importer is capable of providing 

pentane that is compliant with the 

requirements of this section without 

significant modifications to the existing 

facility. 

* * * * * 

(c) PTDs. The producer or importer of 

pentane for use by pentane blenders 

must initiate a PTD for each batch that 

it ships from its facility which contains 

the information specified in paragraphs 

(c)(1) and (c)(2) of this section and the 

statement in paragraph (c)(3) or (c)(4) of 

this section, as applicable. 

(1) The pentane producer or importer 

company name and facility registration 

number issued by EPA pursuant to 

paragraph (b) of this section. 

(2) The name and address of the 

transferor and transferee. 

(3) ‘‘Blender commercial grade 

pentane for use by pentane blenders’’. 

(4) ‘‘Blender non-commercial grade 

pentane for use by pentane blenders’’. 

(5) PTDs that are compliant with the 

requirements in paragraph (c) of this 

section must be transferred from each 

party transferring pentane for use by 

pentane blenders to each party that 

receives pentane for use by pentane 

blenders through to the pentane 

blender. 

(6) Alternative PTD language to that 

specified in paragraphs (c)(3) and (c)(4) 

of this section may be used as approved 

by EPA. 

* * * * * 

Subpart H—Gasoline Sulfur 

■ 14. Section 80.315 is amended by 

revising paragraph (b)(1)(iii) to read as 

follows: 

§ 80.315 How are credits used and what 

are the limitations on credit use? 

* * * * * 

(b) * * * 

(1) * * * 

(iii) Any credit transfer takes place no 

later than March 31 following the 

calendar year averaging period when the 

credits are used. 

* * * * * 

■ 15. Section 80.330 is amended by: 

■ a. Revising paragraphs (b)(1)(i), 

(b)(1)(ii), and (b)(2); 

■ b. Revising paragraph (c)(1); 

■ c. Revising paragraph (d)(2); and 

■ d. Revising paragraph (e). 

The revisions read as follows: 

§ 80.330 What are the sampling and 

testing requirements for refiners and 

importers? 

* * * * * 

(b) * * * 

(1) * * * 

(i) ASTM D4057. 

(ii) Samples collected under the 

applicable procedures in ASTM D5842 

may be used for measuring sulfur 

content if there is no contamination 

present that could affect the sulfur test 

result. 

(2) Automatic sampling of petroleum 

products in pipelines shall be 

performed according to the applicable 

procedures specified in ASTM D4177. 

(c) * * * 

(1) For purposes of paragraph (a) of 

this section, refiners and importers shall 

use the method provided in § 80.46(a)(1) 

or one of the alternative test methods 

listed in § 80.46(a)(3) to measure the 

sulfur content of gasoline they produce 

or import through December 31, 2015. 

Beginning January 1, 2016, for purposes 

of paragraph (a) of this section, refiners 

and importers shall use an approved 

method in § 80.47. 

* * * * * 

(d) * * * 

(2) Except as provided in paragraph 

(d)(1) of this section, any ASTM sulfur 

test method for gaseous fuels may be 

used for quality assurance testing under 

§§ 80.340(b)(4) and 80.400, if the 

protocols of the ASTM method are 

followed and the alternative test method 

is correlated to the method provided in 

§ 80.46(a)(2) through December 31, 

2015, or in § 80.47 beginning January 1, 

2016. 


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(e) Materials incorporated by 

reference. The published materials 

identified in this section are 

incorporated by reference into this 

section with the approval of the Director 

of the Federal Register under 5 U.S.C. 

552(a) and 1 CFR part 51. To enforce 

any edition other than that specified in 

this section, a document must be 

published in the Federal Register and 

the material must be available to the 

public. All approved materials are 

available for inspection at the Air and 

Radiation Docket and Information 

Center (Air Docket) in the EPA Docket 

Center (EPA/DC) at Rm. 3334, EPA West 

Bldg., 1301 Constitution Ave. NW., 

Washington, DC. The EPA/DC Public 

Reading Room hours of operation are 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number of the EPA/DC Public 

Reading Room is (202) 566–1744, and 

the telephone number for the Air Docket 

is (202) 566–1742. These approved 

materials are also available for 

inspection at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call (202) 741–6030 

or go to http://www.archives.gov/

federal_register/code_of_federal_

regulations/ibr_locations.html. In 

addition, these materials are available 

from the sources listed below. 

(1) ASTM International material. The 

following standards are available from 

ASTM International, 100 Barr Harbor 

Dr., P.O. Box C700, West 

Conshohocken, PA 19428–2959, (877) 

909–ASTM, or http://www.astm.org: 

(i) ASTM D4057–12, Standard 

Practice for Manual Sampling of 

Petroleum and Petroleum Products, 

approved December 1, 2012 (‘‘ASTM 

D4057’’). 

(ii) ASTM D4177–95 (Reapproved 

2010), Standard Practice for Automatic 

Sampling of Petroleum and Petroleum 

Products, approved May 1, 2010 

(‘‘ASTM D4177’’). 

(iii) ASTM D5842–14, Standard 

Practice for Sampling and Handling of 

Fuels for Volatility Measurement, 

approved January 15, 2014 (‘‘ASTM 

D5842’’). 

(2) [Reserved] 

Subpart I— Motor Vehicle Diesel Fuel; 

Nonroad, Locomotive, and Marine 

Diesel Fuel; and ECA Marine Fuel 

■ 16. Section 80.510 is amended by 

revising the section heading and 

paragraph (k) to read as follows: 

§ 80.510 What are the standards and 

marker requirements for refiners and 

importers for NRLM diesel fuel and ECA 

marine fuel? 

* * * * * 

(k) Beginning June 1, 2014, all ECA 

marine fuel is subject to a maximum 

per-gallon sulfur content of 1,000 ppm. 

Note that ECA marine fuel does not 

include fuel used in exempted 

steamships (or other exempted or 

excluded vessels) or fuel that exceeds 

the fuel sulfur limits while operating in 

an ECA or an ECA associated area as 

allowed by the U.S. government 

consistent with MARPOL Annex VI 

Regulation 3 or Regulation 4 (see 

§ 80.2(ttt)). 

■ 17. Section 80.511 is amended by 

revising paragraph (b)(9) to read as 

follows: 

§ 80.511 What are the per-gallon and 

marker requirements that apply to NRLM 

diesel fuel, ECA marine fuel, and heating oil 

downstream of the refiner or importer? 

* * * * * 

(b) * * * 

(9) The per-gallon sulfur standard of 

§ 80.510(k) shall apply to all ECA 

marine fuel beginning August 1, 2014, 

for all downstream locations other than 

retail outlets or wholesale purchaserconsumer facilities, shall apply to all 

ECA marine fuel beginning October 1, 

2014, for retail outlets and wholesale 

purchaser-consumer facilities, and shall 

apply to all ECA marine fuel beginning 

December 1, 2014, for all locations. Note 

that ECA marine fuel does not include 

fuel used in exempted steamships (or 

other exempted or excluded vessels) or 

fuel that exceeds the fuel sulfur limits 

while operating in an ECA or an ECA 

associated area as allowed by the U.S. 

government consistent with MARPOL 

Annex VI Regulation 3 or Regulation 4 

(see § 80.2(ttt)). 

* * * * * 

■ 18. Section 80.574 is amended by 

revising paragraph (b) to read as follows: 

§ 80.574 What labeling requirements apply 

to retailers and wholesale purchaserconsumers of ECA marine fuel beginning 

June 1, 2014? 

* * * * * 

(b) Alternative labels to those 

specified in paragraph (a) of this section 

may be used as approved by EPA. Send 

requests to— 

(1) For U.S. Mail: U.S. EPA, Attn: ECA 

Marine Fuel Alternative Label Request, 

6406J, 1200 Pennsylvania Avenue NW, 

Washington, DC 20460. 

(2) [Reserved] 

■ 19. Section 80.584 is amended by 

revising paragraph (a) to read as follows: 

§ 80.584 What are the precision and 

accuracy criteria for approval of test 

methods for determining the sulfur content 

of motor vehicle diesel fuel, NRLM diesel 

fuel, and ECA marine fuel? 

(a) Precision. (1) For motor vehicle 

diesel fuel and diesel fuel additives 

subject to the 15 ppm sulfur standard of 

§ 80.520(a)(1) and NRLM diesel fuel and 

diesel fuel additives subject to the 15 

ppm sulfur standard of § 80.510(b) and 

(c), a standard deviation less than 0.72 

ppm, computed from the results of a 

minimum of 20 tests made over 20 days 

(tests may be arranged into no fewer 

than five batches of four or fewer tests 

each, with only one such batch allowed 

per day over the minimum of 20 days) 

on samples taken from a single 

homogeneous commercially available 

diesel fuel with a sulfur content in the 

range of 5–15 ppm. The 20 results must 

be a series of tests with a sequential 

record of the analyses and no omissions. 

A laboratory facility may exclude a 

given sample or test result only if the 

exclusion is for a valid reason under 

good laboratory practices and it 

maintains records regarding the sample 

and test results and the reason for 

excluding them. 

(2) For motor vehicle diesel fuel 

subject to the 500 ppm sulfur standard 

of § 80.520(c), and for NRLM diesel fuel 

subject to the 500 ppm sulfur standard 

of § 80.510(a), of a standard deviation 

less than 9.68 ppm, computed from the 

results of a minimum of 20 tests made 

over 20 days (tests may be arranged into 

no fewer than five batches of four or 

fewer tests each, with only one such 

batch allowed per day over the 

minimum of 20 days) on samples taken 

from a single homogeneous 

commercially available diesel fuel with 

a sulfur content in the range of 200–500 

ppm. The 20 results must be a series of 

tests with a sequential record of the 

analyses and no omissions. A laboratory 

facility may exclude a given sample or 

test result only if the exclusion is for a 

valid reason under good laboratory 

practices and it maintains records 

regarding the sample and test results 

and the reason for excluding them. 

(3) For ECA marine fuel subject to the 

1,000 ppm sulfur standard of 

§ 80.510(k), of a standard deviation less 

than 18.07 ppm, computed from the 

results of a minimum of 20 tests made 

over 20 days (tests may be arranged into 

no fewer than five batches of four or 

fewer tests each, with only one such 

batch allowed per day over the 

minimum of 20 days) on samples taken 

from a single homogeneous 

commercially available diesel fuel with 

a sulfur content in the range of 700– 

1,000 ppm. The 20 results must be a 


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Federal Register / Vol. 80, No. 33 / Thursday, February 19, 2015 / Rules and Regulations 9097 

series of tests with a sequential record 

of the analyses and no omissions. A 

laboratory facility may exclude a given 

sample or test result only if the 

exclusion is for a valid reason under 

good laboratory practices and it 

maintains records regarding the sample 

and test results and the reason for 

excluding them. 

* * * * * 

■ 20. Section 80.585 is amended by: 

■ a. Revising paragraph (a); 

■ b. Revising paragraphs (e)(1), (e)(2), 

and (e)(4); and 

■ c. Adding a new paragraph (f). 

The revisions and addition read as 

follows: 

§ 80.585 What is the process for approval 

of a test method for determining the sulfur 

content of diesel or ECA marine fuel? 

(a)(1) Approval of test methods 

approved by voluntary consensus-based 

standards bodies. Through December 

31, 2015, for such a method to be 

approved, the following information 

must be submitted to the Administrator 

by each test facility for each test method 

that it wishes to have approved: Any 

test method approved by a voluntary 

consensus-based standards body, such 

as ASTM International or the 

International Organization for 

Standardization (ISO), shall be 

approved as a test method for 

determining the sulfur content of diesel 

fuel if it meets the applicable accuracy 

and precision criteria under § 80.584. 

The approval of a test method is limited 

to the single test facility that performed 

the testing for accuracy and precision. 

The individual facility must submit the 

accuracy and precision results for each 

method, including information on the 

date and time of each test measurement 

used to demonstrate precision, 

following procedures established by the 

Administrator. 

(2) Approval of test methods 

approved by voluntary consensus-based 

standards bodies. Beginning January 1, 

2016, any test method approved by a 

voluntary consensus-based standards 

body, such as the ASTM International or 

the International Organization for 

Standardization (ISO), shall be 

approved as a test method for 

determining the sulfur content of diesel 

fuel if it meets the applicable accuracy 

and precision criteria under § 80.584. 

These records must be kept by the 

facility for a period of five years. 

* * * * * 

(e) * * * 

(1) Follow all mandatory provisions of 

ASTM D6299 and construct control 

charts from the mandatory quality 

control testing prescribed in paragraph 

7.1 of the reference method, following 

guidelines under A 1.5.1 for individual 

observation charts and A 1.5.4 for 

moving range charts. 

(2) Follow paragraph 7.3.1 of ASTM 

D6299 to check standards using a 

reference material at least monthly or 

following any major change to the 

laboratory equipment or test procedure. 

Any deviation from the accepted 

reference value of a check standard 

greater than 1.44 ppm (for diesel fuel 

subject to the 15 ppm sulfur standard), 

19.36 ppm (for diesel fuel subject to the 

500 ppm sulfur standard), or 36.14 ppm 

(for ECA marine fuel subject to the 1,000 

ppm sulfur standard must be 

investigated. 

* * * * * 

(4) Upon discovery of any quality 

control testing violation of paragraph A 

1.5.1.3 for individual observation charts 

or A1.5.4.1 and A1.5.4.2 for moving 

range charts of ASTM D6299, or any 

check standard deviation greater than 

1.44 ppm (for diesel fuel subject to the 

15 ppm sulfur standard), 19.36 ppm (for 

diesel fuel subject to the 500 ppm sulfur 

standard), or 36.14 ppm (for ECA 

marine fuel subject to the 1,000 ppm 

sulfur standard), conduct an 

investigation into the cause of such 

violation or deviation and, after 

restoring method performance to 

statistical control, retest retained 

samples from batches originally tested 

since the last satisfactory quality control 

material or check standard testing 

occasion. 

(f) Materials incorporated by 

reference. The published materials 

identified in this section are 

incorporated by reference into this 

section with the approval of the Director 

of the Federal Register under 5 U.S.C. 

552(a) and 1 CFR part 51. To enforce 

any edition other than that specified in 

this section, a document must be 

published in the Federal Register and 

the material must be available to the 

public. All approved materials are 

available for inspection at the Air and 

Radiation Docket and Information 

Center (Air Docket) in the EPA Docket 

Center (EPA/DC) at Rm. 3334, EPA West 

Bldg., 1301 Constitution Ave. NW., 

Washington, DC. The EPA/DC Public 

Reading Room hours of operation are 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number of the EPA/DC Public 

Reading Room is (202) 566–1744, and 

the telephone number for the Air Docket 

is (202) 566–1742. These approved 

materials are also available for 

inspection at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call (202) 741–6030 

or go to http://www.archives.gov/

federal_register/code_of_federal_

regulations/ibr_locations.html. In 

addition, these materials are available 

from the sources listed below. 

(1) ASTM International material. The 

following standards are available from 

ASTM International, 100 Barr Harbor 

Dr., P.O. Box C700, West 

Conshohocken, PA 19428–2959, (877) 

909–ASTM, or http://www.astm.org: 

(i) ASTM D6299–13, Standard 

Practice for Applying Statistical Quality 

Assurance and Control Charting 

Techniques to Evaluate Analytical 

Measurement System Performance, 

approved October 1, 2013 (‘‘ASTM 

D6299’’). 

(ii) [Reserved] 

(2) [Reserved] 

■ 21. Section 80.590 is amended by 

revising paragraphs (a)(7)(vii) and (b) to 

read as follows: 

§ 80.590 What are the product transfer 

document requirements for motor vehicle 

diesel fuel, NRLM diesel fuel, heating oil, 

ECA marine fuel, and other distillates? 

(a) * * * 

(7) * * * 

(vii) ECA marine fuel. For ECA 

marine fuel produced or imported 

beginning June 1, 2014, ‘‘1,000 ppm 

sulfur (maximum) ECA marine fuel. For 

use in Category 3 marine vessels only. 

Not for use in engines not installed on 

C3 marine vessels.’’ 

(b) Any of the following may be 

substituted for the descriptions in 

paragraph (a) of this section, as 

appropriate: 

(1) ‘‘This is high sulfur diesel fuel for 

use only in Guam, American Samoa, or 

the Northern Mariana Islands.’’ 

(2) ‘‘This diesel fuel is for export use 

only.’’ 

(3) ‘‘This diesel fuel is for research, 

development, or testing purposes only.’’ 

(4) ‘‘This diesel fuel is for use in 

diesel highway vehicles or nonroad 

equipment under an EPA-approved 

national security exemption only.’’ 

(5) ‘‘High sulfur fuel. For use only in 

ships with an approved permit as 

allowed by MARPOL Annex VI, 

Regulation 3.’’ 

(6) ‘‘High sulfur fuel. For use only in 

ships as allowed by MARPOL Annex VI, 

Regulation 4.’’ 

(7) ‘‘High sulfur fuel. For use only in 

ships as allowed by MARPOL Annex VI, 

Regulation 3 or Regulation 4.’’ 

* * * * * 

■ 22. Section 80.597 is amended by 

revising paragraph (d)(3) introductory 

text to read as follows: 


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9098 Federal Register / Vol. 80, No. 33 / Thursday, February 19, 2015 / Rules and Regulations 

§ 80.597 What are the registration 

requirements? 

* * * * * 

(d) * * * 

(3) Except as prescribed in paragraph 

(d)(6) of this section, each entity as 

defined in § 80.502 that intends to 

deliver or receive custody of any of the 

following fuels beginning June 1, 2014, 

must register with EPA by December 31, 

2012, or prior to commencement of 

producing, importing, or distributing 

any distillate or residual fuel listed in 

this paragraph (d)(3): 

* * * * * 

■ 23. Section 80.607 is amended by: 

■ a. Revising the section heading; 

■ b. Revising paragraph (a); 

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

(c)(4)(iv); 

■ d. Revising paragraphs (d)(1) and 

(d)(3); and 

■ e. Revising paragraph (f). 

The revisions and addition read as 

follows: 

§ 80.607 What are the requirements for 

obtaining an exemption for diesel fuel used 

for research, development or testing 

purposes? 

(a) Written request for a research and 

development exemption. Any person 

may receive an exemption from the 

provisions of this subpart for MVNRLM 

diesel fuel used for research, 

development, or testing purposes by 

submitting the information listed in 

paragraph (c) of this section to: U.S. 

EPA—Attn: Research and Development 

Exemption Request, 6406J, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460. 

* * * * * 

(c) * * * 

(3) * * * 

(iv) The quantity of fuel which does 

not comply with the requirements of 

§§ 80.520 and 80.521 for motor vehicle 

diesel fuel, or § 80.510 for NRLM diesel 

fuel. 

(4) * * * 

(iv) The manner in which the party 

will ensure that the research and 

development fuel will be segregated 

from motor vehicle diesel fuel or NRLM 

diesel fuel, as applicable, and how fuel 

pumps will be labeled to ensure proper 

use of the research and development 

fuel. 

* * * * * 

(d) Additional requirements. (1) The 

product transfer documents associated 

with research and development diesel 

fuel must comply with the product 

transfer document requirements of 

§ 80.590(b)(3). 

* * * * * 

(3) The research and development 

fuel must be kept segregated from nonexempt MVNRLM diesel fuel at all 

points in the distribution system. 

* * * * * 

(f) Effects of exemption. Motor vehicle 

diesel fuel or NRLM diesel fuel that is 

subject to a research and development 

exemption under this section is exempt 

from other provisions of this subpart 

provided that the fuel is used in a 

manner that complies with the purpose 

of the program under paragraph (c) of 

this section and the requirements of this 

section. 

* * * * * 

■ 24. Section 80.608 is amended by 

revising paragraph (d) to read as 

follows: 

§ 80.608 What requirements apply to 

diesel fuel and ECA marine fuel for use in 

the Territories? 

* * * * * 

(d) Segregated from non-exempt 

MVNRLM diesel fuel and/or nonexempt ECA marine fuel at all points in 

the distribution system from the point 

the fuel is designated as exempt fuel 

only for use in Guam, American Samoa, 

or the Commonwealth of the Northern 

Mariana Islands, while the exempt fuel 

is in the United States (including an 

Emission Control Area, or an ECA 

associated area per 40 CFR 1043.20) but 

outside these Territories. 

Subpart L—Gasoline Benzene 

■ 25. Section 80.1270 is amended by 

revising paragraph (b)(2) to read as 

follows: 

§ 80.1270 Who may generate benzene 

credits under the ABT program? 

* * * * * 

(b) * * * 

(2) Oxygenate blenders, butane 

blenders using the provisions of § 80.82, 

pentane blenders using the provisions of 

§ 80.85, and transmix producers may 

not generate standard credits. 

* * * * * 

■ 26. Section 80.1295 is amended by 

revising paragraph (b)(1)(ii) to read as 

follows: 

§ 80.1295 How are gasoline benzene 

credits used? 

* * * * * 

(b) * * * 

(1) * * * 

(ii) Any credit transfer takes place no 

later than March 31 following the 

calendar year averaging period when the 

credits are used. 

* * * * * 

Subpart M—Renewable Fuel Standard 

■ 27. Section 80.1426 is amended by 

revising paragraph (c)(7) to read as 

follows: 

§ 80.1426 How are RINs generated and 

assigned to batches of renewable fuel by 

renewable fuel producers or importers? 

* * * * * 

(c) * * * 

(7) For renewable fuel oil that is 

heating oil as defined in paragraph (2) 

of the definition of heating oil in 

§ 80.1401, renewable fuel producers and 

importers shall not generate RINs unless 

they have received affidavits from the 

final end user or users of the fuel oil as 

specified in § 80.1451(b)(1)(ii)(T)(2). 

* * * * * 

■ 28. Section 80.1453 is amended by 

revising paragraphs (a) introductory text 

and (a)(12) introductory text to read as 

follows: 

§ 80.1453 What are the product transfer 

document (PTD) requirements for the RFS 

program? 

(a) On each occasion when any party 

transfers custody or ownership of neat 

and/or blended renewable fuels, except 

when such fuel is dispensed into motor 

vehicles or nonroad vehicles, engines, 

or equipment, or separated RINs subject 

to this subpart, the transferor must 

provide to the transferee documents that 

include all of the following information, 

as applicable: 

* * * * * 

(12) For the transfer of renewable fuel 

for which RINs were generated, an 

accurate and clear statement on the 

product transfer document of the fuel 

type from Table 1 to § 80.1426, and 

designation of the fuel use(s) intended 

by the transferor, as follows: 

* * * * * 

■ 29. Section 80.1471 is amended by 

revising paragraph (d)(1) to read as 

follows: 

§ 80.1471 Requirements for QAP auditors. 

* * * * * 

(d)(1) In the event that an 

independent third-party auditor 

identifies a RIN that may have been 

invalidly generated, the independent 

third-party auditor shall, within five 

business days, send notification of the 

potentially invalidly generated RIN to 

the EPA and the renewable fuel 

producer that generated the RIN. 

* * * * * 

Subpart O—Gasoline Sulfur 

■ 30. Section 80.1609 is amended by 

revising paragraph (a) to read as follows: 


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Federal Register / Vol. 80, No. 33 / Thursday, February 19, 2015 / Rules and Regulations 9099 

§ 80.1609 Oxygenate blender 

requirements. 

(a) Oxygenate blenders who blend 

only oxygenate that complies with the 

requirements of paragraph (b) of this 

section into gasoline downstream of the 

refinery that produced the gasoline or 

the import facility where the gasoline 

was imported are not subject to the 

refiner or importer requirements of this 

subpart for such gasoline, but are 

subject to the requirements and 

prohibitions applicable to downstream 

parties in this subpart. Such oxygenate 

blenders are subject to the requirements 

of paragraph (b) of this section, the 

requirements and prohibitions 

applicable to downstream parties, the 

requirements of § 80.1603(d)(2), and the 

prohibition specified in § 80.1660(e). 

* * * * * 

■ 31. Section 80.1611 is amended by: 

■ a. Revising paragraph (a)(1); 

■ b. Revising paragraphs (c) 

introductory text, (c)(1), and (c)(2); and 

■ c. Revising paragraph (d). 

■ The revisions read as follows: 

§ 80.1611 Standards and requirements for 

certified ethanol denaturant. 

* * * * * 

(a) Standards. (1) The sulfur content 

must not be greater than 330 ppm as 

determined in accordance with the test 

requirements of § 80.1630. If the 

denaturant manufacturer represents a 

batch of denaturant as having a 

maximum sulfur content lower than 330 

ppm in the PTD (for example, no greater 

than 120 ppm), then the actual sulfur 

content must be no greater than the 

stated value as determined in 

accordance with the requirements of 

§ 80.1644. 

* * * * * 

(c) PTDs. In addition to any other 

product transfer document requirements 

under this part 80, on each occasion 

when any person transfers custody or 

title to any certified ethanol denaturant 

upstream of a DFE production or import 

facility, the transferor shall provide to 

the transferee product transfer 

documents which include all the 

following information. 

(1) The following statement: 

‘‘Certified Ethanol Denaturant suitable 

for use in the manufacture of denatured 

fuel ethanol meeting EPA standards.’’ 

(2) The PTD must state the sulfur 

content is 330 ppm or less, or if the 

certified ethanol denaturant 

manufacturer represents a batch of 

denaturant as having a maximum sulfur 

content lower than 330 ppm the PTD 

must state that lower sulfur maximum 

(e.g., has a sulfur content of 120 ppm or 

less). 

* * * * * 

(d) Batch numbers. Every batch of 

certified ethanol denaturant produced 

or imported at a denaturant production 

or import facility shall be assigned a 

number (the ‘‘batch number’’), 

consisting of the EPA-assigned ethanol 

denaturant producer or importer 

registration number, the EPA facility 

registration number, the last two digits 

of the year in which the batch was 

produced, and a unique number for the 

batch, beginning with the number one 

for the first batch produced or imported 

each calendar year and each subsequent 

batch during the calendar year being 

assigned the next sequential number 

(e.g., 4321–54321–95–000001, 4321– 

54321–95–000002, etc.). 

■ 32. Section 80.1613 is amended by 

revising paragraph (a) introductory text 

and adding paragraph (b)(3) to read as 

follows: 

§ 80.1613 Standards and other 

requirements for gasoline additive 

manufacturers and blenders. 

* * * * * 

(a) Gasoline additive manufacturers, 

as defined in 40 CFR 79.2(f), who 

manufacture additives with a maximum 

allowed treatment rate of less than 1.0 

volume percent must meet all the 

following requirements: 

* * * * * 

(b) * * * 

(3) The person does not add the 

additive at a concentration that 

contributes more than 3 ppm on a per 

gallon basis to the sulfur content of 

gasoline. 

■ 33. Section 80.1615 is amended by 

revising paragraphs (d) introductory 

text, (d)(1), and (d)(2) to read as follows: 

§ 80.1615 Credit generation. 

* * * * * 

(d) For approved small refiners and 

small volume refineries only, the 

number of credits generated from 

January 1, 2017 through December 31, 

2019 shall be calculated annually for 

each applicable averaging period as 

follows: 

(1) From January 1, 2017 through 

December 31, 2019, if a small refiner or 

small volume refinery has an annual 

average sulfur level (Sa) less than 30.00 

ppm but greater than 10.00 ppm, the 

refiner may generate credits using the 

equation specified in paragraph (b) of 

this section for use in complying with 

the annual average standards of subpart 

H of this part. 

(2) From January 1, 2017 through 

December 31, 2019, if a small refiner or 

small volume refinery has an annual 

average sulfur level (Sa) less than 10.00 

ppm, the refiner may generate credits 

using the equation specified in 

paragraph (c) of this section for use in 

complying with the annual average 

standards of § 80.1603(c)(1) and the 

following equation for complying with 

the annual average standards of subpart 

H of this part: 

CRT2 = Va × (20.00) 

Where: 

CRT2 = Credits generated for the averaging 

period for use in complying with the 

annual average standards of subpart H of 

this part only. 

Va = Total annual volume of gasoline 

produced at a refinery or imported 

during the averaging period. 

(For example: A small refiner with an 

annual average sulfur level of 8 ppm in 

2018 may generate CRa = 2 ppm-volume 

credits (10–8) for compliance with the 

annual average standards of 

§ 80.1603(c)(1) plus CRT2 = 20 ppmvolume credits (30–10) for compliance 

with the annual average sulfur 

standards of subpart H of this part.) 

* * * * * 

■ 34. Section 80.1616 is amended by 

adding and reserving paragraph (a)(4) 

and revising paragraph (b)(2) to read as 

follows: 

§ 80.1616 Credit use and transfer. 

(a) * * * 

(4) [Reserved] 

* * * * * 

(b) * * * 

(2) Credits generated under 

§ 80.1615(b) through (d) are valid for use 

for five years after the year in which 

they are generated, except that any CRa

credits generated in 2015 and 2016 and 

any remaining CRT2 credits will expire 

and become invalid after December 31, 

2019, (with the 2019 annual compliance 

report, due March 31, 2020). 

* * * * * 

■ 35. Section 80.1620 is amended by 

revising paragraphs (d), (e)(1), (e)(2), 

and (f)(1) to read as follows: 

§ 80.1620 Small refiner definition. 

* * * * * 

(d) Notwithstanding the provisions of 

paragraphs (a) and (e)(1) of this section, 

a refiner that acquires or reactivates a 

refinery that was shut down or nonoperational during calendar year 2012, 

may apply for small refiner status under 

this subpart O. 

(e) * * * 

(1) Refiners with refineries built or 

started up on or after January 1, 2013. 

(2) Persons who exceed the employee 

or crude oil capacity criteria under this 

section on January 1, 2013, but who 

meet these criteria after that date, 

regardless of whether the reduction in 

employees or crude oil capacity is due 


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to operational changes at the refinery or 

a company sale or reorganization. 

* * * * * 

(f)(1) A refiner approved as a small 

refiner under § 80.1622 who 

subsequently ceases production of 

gasoline from processing crude oil 

through refinery processing units, 

employs more than 1,500 people, or 

exceeds the 155,000 bpcd crude oil 

capacity limit after January 1, 2013 as a 

result of merger with or acquisition of 

or by another entity, is disqualified as 

a small refiner, except as provided for 

under paragraph (f)(4) of this section. If 

such disqualification occurs, the refiner 

shall notify EPA in writing no later than 

20 days following the disqualifying 

event. 

* * * * * 

■ 36. Section 80.1621 is amended by 

adding and reserving paragraph (c) and 

adding paragraph (d) to read as follows: 

§ 80.1621 Small volume refinery definition. 

* * * * * 

(c) [Reserved] 

(d)(1) A refinery approved as a small 

refinery under § 80.1622 that 

subsequently ceases production of 

gasoline from processing crude oil 

through refinery processing units or 

exceeds the 75,000 barrel average 

aggregate daily crude oil throughput 

limit is disqualified as a small refinery. 

If such disqualification occurs, the 

refinery shall notify EPA in writing no 

later than 20 days following the 

disqualifying event. 

(2) Any refinery whose status changes 

under this paragraph (d) shall meet the 

applicable standards of § 80.1603 within 

a period of up to 30 months from the 

disqualifying event. 

■ 37. Section 80.1640 is amended by 

revising paragraph (a)(2) to read as 

follows: 

§ 80.1640 Standards and requirements that 

apply to refiners producing gasoline by 

blending blendstocks into previously 

certified gasoline (PCG). 

(a) * * * 

(2) To accomplish the exclusion 

required in paragraph (a)(1) of this 

section, the refiner must determine the 

volume and sulfur content of the PCG 

used at the refinery and the volume and 

sulfur content of the gasoline produced 

at the refinery, and use the compliance 

calculation procedures in paragraphs 

(a)(3) and (4) of this section. 

* * * * * 

■ 38. Section 80.1642 is amended by 

revising paragraphs (c)(1) and (c)(3) to 

read as follows: 

§ 80.1642 Sampling and testing 

requirements for producers and importers 

of denatured fuel ethanol and other 

oxygenates for use by oxygenate blenders. 

* * * * * 

(c) * * * 

(1) The sulfur content of the batch of 

DFE shall be calculated by volume 

weighting the sulfur contribution from 

the denaturant, and the neat ethanol 

used. 

* * * * * 

(3) The sulfur content of the certified 

denaturant used in the calculation in 

paragraph (c)(1) of this section must be 

consistent with the PTD obtained from 

a registered certified ethanol denaturant 

producer or importer in accordance 

with the requirements of § 80.1611. If 

the PTD from the certified ethanol 

denaturant states that the sulfur content 

is 330 ppm, then the sulfur content of 

the sulfur content of the ethanol 

denaturant must be assumed to be 330 

ppm. 

* * * * * 

■ 39. Section 80.1645 is amended by 

revising the section heading and the 

introductory text to read as follows: 

§ 80.1645 Sample retention requirements 

for producers and importers of certified 

ethanol denaturant. 

Beginning January 1, 2017, or on the 

first day that any producer or importer 

of ethanol denaturant designates a batch 

of certified ethanol denaturant, 

whichever is earlier, the ethanol 

denaturant producer or importer shall 

do all the following: 

* * * * * 

■ 40. Section 80.1650 is amended by 

revising paragraphs (a)(4), (b), and (g)(3) 

to read as follows: 

§ 80.1650 Registration. 

* * * * * 

(a) * * * 

(4) Producer or importer of certified 

ethanol denaturant subject to the 

standards under § 80.1611. 

(b) Registration dates. (1) Any 

gasoline refiner or importer required to 

register shall do so by December 1, 

2016, or at least 30 days in advance of 

the first date that such person will 

produce or import reformulated 

gasoline, conventional gasoline, RBOB, 

or CBOB. If a previously unregistered 

refiner or importer intends to generate 

credits prior to January 1, 2017 

(pursuant to § 80.1615), registration 

must occur at least 90 days prior to 

submitting an annual compliance report 

demonstrating credit generation. 

(2) Any oxygenate producer or 

importer required to register shall do so 

by November 1, 2016, or at least 60 days 

in advance of the first date that such 

person will produce or import 

oxygenate. 

(3) Any oxygenate blender required to 

register shall do so by November 1, 

2016, or at least 90 days in advance of 

the first date that such person will blend 

oxygenate into RBOB. 

(4) Any ethanol denaturant producer 

or importer required to register shall do 

so by November 1, 2016, or at least 60 

days in advance of the first date that 

such person will produce or import 

ethanol denaturant. 

* * * * * 

(g) * * * 

(3) Any oxygenate blender shall 

submit updated registration information 

to the Administrator within thirty days 

of any occasion when the registration 

information previously supplied 

becomes incomplete or inaccurate. 

* * * * * 

■ 41. Section 80.1652 is amended by 

revising paragraph (c) introductory text 

to read as follows: 

§ 80.1652 Reporting requirements for 

gasoline refiners, gasoline importers, 

oxygenate producers, and oxygenate 

importers. 

* * * * * 

(c) Oxygenate producer and importer 

annual reports. Any oxygenate 

producer, for each of its production 

facilities, and any importer for the 

oxygenate it imports, shall submit a 

report for each calendar year period that 

includes all the following information: 

* * * * * 

§ 80.1667 [Amended] 

■ 42. Section 80.1667 is amended by 

removing and reserving paragraph (c)(1). 

PART 85—CONTROL OF AIR 

POLLUTION FROM MOBILE SOURCES 

■ 43. The authority citation for part 85 

continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

Subpart V—[Amended] 

§ 85.2108 [Removed] 

■ 44. Remove § 85.2108. 

PART 86—CONTROL OF EMISSIONS 

FROM NEW AND IN-USE HIGHWAY 

VEHICLES AND ENGINES 

■ 45. The authority citation for part 86 

continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

■ 46. Section 86.1 is amended by 

revising paragraph (b) to read as follows: 

§ 86.1 Incorporation by reference. 

* * * * * 


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(b) ASTM International material. The 

following standards are available from 

ASTM International, 100 Barr Harbor 

Drive, P.O. Box C700, West 

Conshohocken, PA, 19428–2959, (610) 

832–9585, or http://www.astm.org/: 

(1) ASTM C1549–09, Standard Test 

Method for Determination of Solar 

Reflectance Near Ambient Temperature 

Using a Portable Solar Reflectometer, 

approved August 1, 2009 (‘‘ASTM 

C1549’’), IBR approved for § 86.1869– 

12(b). 

(2) ASTM D86–12, Standard Test 

Method for Distillation of Petroleum 

Products at Atmospheric Pressure, 

approved December 1, 2012 (‘‘ASTM 

D86’’), IBR approved for §§ 86.113– 

04(a), 86.113–94(b), 86.213(a), and 

86.513(a). 

(3) ASTM D93–13, Standard Test 

Methods for Flash Point by PenskyMartens Closed Cup Tester, approved 

July 15, 2013 (‘‘ASTM D93’’), IBR 

approved for § 86.113–94(b). 

(4) ASTM D445–12, Standard Test 

Method for Kinematic Viscosity of 

Transparent and Opaque Liquids (and 

Calculation of Dynamic Viscosity), 

approved April 15, 2012 (‘‘ASTM 

D445’’), IBR approved for § 86.113– 

94(b). 

(5) ASTM D613–13, Standard Test 

Method for Cetane Number of Diesel 

Fuel Oil, approved December 1, 2013 

(‘‘ASTM D613’’), IBR approved for 

§ 86.113–94(b). 

(6) ASTM D975–13a, Standard 

Specification for Diesel Fuel Oils, 

approved December 1, 2013 (‘‘ASTM 

D975’’), IBR approved for § 86.1910(c). 

(7) ASTM D976–06 (Reapproved 

2011), Standard Test Method for 

Calculated Cetane Index of Distillate 

Fuels, approved October 1, 2011 

(‘‘ASTM D976’’), IBR approved for 

§ 86.113–94(b). 

(8) ASTM D1319–13, Standard Test 

Method for Hydrocarbon Types in 

Liquid Petroleum Products by 

Fluorescent Indicator Adsorption, 

approved May 1, 2013 (‘‘ASTM 

D1319’’), IBR approved for §§ 86.113– 

04(a), 86.213(a), and 86.513(a). 

(9) ASTM D1945–03 (reapproved 

2010), Standard Test Method for 

Analysis of Natural Gas by Gas 

Chromatography, approved January 1, 

2010 (‘‘ASTM D1945’’), IBR approved 

for §§ 86.113–94(e) and 86.513(d). 

(10) ASTM D2163–07, Standard Test 

Method for Determination of 

Hydrocarbons in Liquefied Petroleum 

(LP) Gases and Propane/Propene 

Mixtures by Gas Chromatography, 

approved December 1, 2007 (‘‘ASTM 

D2163’’), IBR approved for §§ 86.113– 

94(f). 

(11) ASTM D2622–10, Standard Test 

Method for Sulfur in Petroleum 

Products by Wavelength Dispersive Xray Fluorescence Spectrometry, 

approved February 15, 2010 (‘‘ASTM 

D2622’’), IBR approved for §§ 86.113– 

04(a), 86.113–94(b), 86.213(a), and 

86.513(a). 

(12) ASTM D2699–13b, Standard Test 

Method for Research Octane Number of 

Spark-Ignition Engine Fuel, approved 

October 1, 2013 (‘‘ASTM D2699’’), IBR 

approved for §§ 86.113–04(a) and 

86.213(a). 

(13) ASTM D2700–13b, Standard Test 

Method for Motor Octane Number of 

Spark-Ignition Engine Fuel, approved 

October 1, 2013 (‘‘ASTM D2700’’), IBR 

approved for §§ 86.113–04(a) and 

86.213(a). 

(14) ASTM D3231–13, Standard Test 

Method for Phosphorus in Gasoline, 

approved June 15, 2013 (‘‘ASTM 

D3231’’), IBR approved for §§ 86.113– 

04(a), 86.213(a), and 86.513(a). 

(15) ASTM D3237–12, Standard Test 

Method for Lead in Gasoline by Atomic 

Absorption Spectroscopy, approved 

June 1, 2012 (‘‘ASTM D3237’’), IBR 

approved for §§ 86.113–04(a), 86.213(a), 

and 86.513(a). 

(16) ASTM D4052–11, Standard Test 

Method for Density, Relative Density, 

and API Gravity of Liquids by Digital 

Density Meter, approved October 15, 

2011 (‘‘ASTM D4052’’), IBR approved 

for § 86.113–94(b). 

(17) ASTM D5186–03 (Reapproved 

2009), Standard Test Method for 

Determination of the Aromatic Content 

and Polynuclear Aromatic Content of 

Diesel Fuels and Aviation Turbine Fuels 

by Supercritical Fluid Chromatography, 

approved April 15, 2009 (‘‘ASTM 

D5186’’), IBR approved for § 86.113– 

94(b). 

(18) ASTM D5191–13, Standard Test 

Method for Vapor Pressure of Petroleum 

Products (Mini Method), approved 

December 1, 2013 (‘‘ASTM D5191’’), IBR 

approved for §§ 86.113–04(a), 86.213(a), 

and 86.513(a). 

(19) ASTM E29–93a, Standard 

Practice for Using Significant Digits in 

Test Data to Determine Conformance 

with Specifications, approved March 15, 

1993 (‘‘ASTM E29’’), IBR approved for 

§§ 86.004–15(c), 86.007–11(a), 86.007– 

15(m), 86.1803–01, 86.1823–01(a), 

86.1824–01(c), 86.1825–01(c). 

(20) ASTM E903–96, Standard Test 

Method for Solar Absorptance, 

Reflectance, and Transmittance of 

Materials Using Integrating Spheres, 

approved April 10, 1996 (‘‘ASTM 

E903’’), IBR approved for § 86.1869– 

12(b). 

(21) ASTM E1918–06, Standard Test 

Method for Measuring Solar Reflectance 

of Horizontal and Low-Sloped Surfaces 

in the Field, approved August 15, 2006 

(‘‘ASTM E1918’’), IBR approved for 

§ 86.1869–12(b). 

* * * * * 

Subpart A—General Provisions for 

Emission Regulations for 1977 and 

Later Model Year New Light-Duty 

Vehicles, Light-Duty Trucks and 

Heavy-Duty Engines, and for 1985 and 

Later Model Year New Gasoline Fueled, 

Natural Gas-Fueled, Liquefied 

Petroleum Gas-Fueled and MethanolFueled Heavy-Duty Vehicles 

■ 47. Section 86.007–35 is revised to 

read as follows: 

§ 86.007–35 Labeling. 

Section 86.007–35 includes text that 

specifies requirements that differ from 

§ 86.095–35. Where a paragraph in 

§ 86.095–35 is identical and applicable 

to § 86.007–35, this may be indicated by 

specifying the corresponding paragraph 

and the statement ‘‘[Reserved]. For 

guidance see § 86.095–35.’’. 

(a) The manufacturer of any motor 

vehicle (or motor vehicle engine) subject 

to the applicable emission standards 

(and family emission limits, as 

appropriate) of this subpart, shall, at the 

time of manufacture, affix a permanent 

legible label, of the type and in the 

manner described below, containing the 

information hereinafter provided, to all 

production models of such vehicles (or 

engines) available for sale to the public 

and covered by a Certificate of 

Conformity under § 86.007–30(a). 

(a)(1)–(2) [Reserved] 

(a)(3) heading through (b) [Reserved]. 

For guidance see § 86.095–35. 

(c) Vehicles powered by model year 

2007 through 2013 diesel-fueled engines 

must include permanent, readily visible 

labels on the dashboard (or instrument 

panel) and near all fuel inlets that state 

‘‘Use Ultra Low Sulfur Diesel Fuel 

Only’’; or ‘‘Ultra Low Sulfur Diesel Fuel 

Only’’. 

(d) through (g) [Reserved] 

(h) [Reserved]. For guidance see 

§ 86.095–35. 

(i) [Reserved] 

(j) The Administrator may approve in 

advance other label content and formats 

provided the alternative label contains 

information consistent with this section. 

■ 48. Section 86.095–35 is amended by 

revising paragraph (a)(4) and removing 

and reserving paragraph (g) to read as 

follows: 

§ 86.095–35 Labeling. 

(a) * * * 

(4) Heavy-duty vehicles employing a 

fuel or fuels covered by evaporative 


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emission standards. This paragraph 

(a)(4) applies for vehicles subject to 

evaporative emission standards under 

this subpart, as described in § 86.016– 

1(a)(4). See 40 CFR part 1037 for 

provisions that apply in later model 

years. 

(i) A permanent, legible label shall be 

affixed in a readily visible position in 

the engine compartment. If such 

vehicles do not have an engine 

compartment, the label required in this 

paragraph (a)(4) shall be affixed in a 

readily available position on the 

operator’s enclosure or on the engine. 

(ii) The label shall be affixed by the 

vehicle manufacturer who has been 

issued the Certificate of Conformity for 

such vehicle, in such a manner that it 

cannot be removed without destroying 

or defacing the label. The label shall not 

be affixed to any equipment which is 

easily detached from such vehicle. 

(iii) The label shall contain the 

following information lettered in the 

English language in block letters and 

numerals, which shall be of a color that 

contrasts with the background of the 

label: 

(A) The label heading: Vehicle 

Emission Control Information; 

(B) Full corporate name and 

trademark of manufacturer; 

(C) Evaporative family identification; 

(D) The maximum nominal fuel tank 

capacity (in gallons), as specified in 40 

CFR 1037.135; and 

(E) An unconditional statement of 

compliance with the appropriate model 

year U.S. Environmental Protection 

Agency regulations which apply to 

XXX-fueled heavy-duty vehicles. 

(F) Vehicles granted final admission 

under § 85.1505 of this chapter must 

comply with the labeling requirements 

contained in § 85.1510 of this chapter. 

* * * * * 

(g) [Reserved] 

* * * * * 

Subpart B—Emission Regulations for 

1977 and Later Model Year New LightDuty Vehicles and New Light-Duty 

Trucks and New Otto-Cycle Complete 

Heavy-Duty Vehicles; Test Procedures 

■ 49. Section 86.101 is amended by 

revising paragraphs (b)(1), (b)(2)(i), and 

(b)(3) to read as follows: 

§ 86.101 General applicability. 

* * * * * 

(b) * * * 

(1) Through model year 2021, 

manufacturers may use the test 

procedures specified in paragraph (c) or 

(d) of this section or, using good 

engineering judgement, elements of 

both. For any EPA testing before model 

year 2022, EPA will use the 

manufacturer’s selected procedures for 

applying acceptable speed-tolerance 

criteria (either § 86.115–78 or 40 CFR 

1066.425(c)). For any other parameters, 

EPA may conduct testing using either of 

the specified procedures. As allowed 

under this part, manufacturers may use 

carryover data from previous model 

years to demonstrate compliance with 

emission standards, without regard to 

the provisions of this section. 

(2) * * * 

(i) For vehicles certified to any of the 

Tier 3 emission standards specified in 

subpart S of this part, determine overall 

driver accuracy based on drive-cycle 

metrics as described in 40 CFR 

1066.425(j). 

* * * * * 

(3) For model years 2022 and later, 

manufacturers must use the test 

procedures specified in paragraph (d) of 

this section. Manufacturers may 

continue to use data based on the test 

procedures specified in paragraph (c) of 

this section for an engine family in 2022 

and later model years, as long as the 

engine family is eligible for certification 

with carryover emission data. 

* * * * * 

■ 50. Section 86.113–04 is amended by 

revising paragraph (a)(1) to read as 

follows: 

§ 86.113–04 Fuel specifications. 

* * * * * 

(a) Gasoline fuel. (1) Gasoline meeting 

the following specifications, or 

substantially equivalent specifications 

approved by the Administrator, must be 

used for exhaust and evaporative 

emission testing: 

TABLE 1 OF § 86.113–04—TEST FUEL SPECIFICATIONS FOR GASOLINE WITHOUT ETHANOL

Item Regular Reference procedure 1

Research octane, Minimum 2 .................................................................. 93 ................................................... ASTM D2699; ASTM D2700 

Octane sensitivity 2 .................................................................................. 7.5 .................................................. ASTM D2699; ASTM D2700 

Distillation Range (°F): 

Evaporated initial boiling point 3 ....................................................... 75–95 ............................................. ASTM D86 

10% evaporated ............................................................................... 120–135.

50% evaporated ............................................................................... 200–230.

90% evaporated ............................................................................... 300–325.

Evaporated final boiling point ........................................................... 415 Maximum.

Hydrocarbon composition (vol %): 

Olefins .............................................................................................. 10% Maximum ............................... ASTM D1319 

Aromatics ......................................................................................... 35% Maximum.

Saturates .......................................................................................... Remainder.

Lead, g/gallon (g/liter), Maximum ............................................................ 0.050 (0.013) ................................. ASTM D3237 

Phosphorous, g/gallon (g/liter), Maximum .............................................. 0.005 (0.0013) ............................... ASTM D3231 

Total sulfur, wt. % 4 ................................................................................. 0.0015–0.008 ................................. ASTM D2622 

Dry Vapor Pressure Equivalent (DVPE), psi (kPa) 5 .............................. 8.7–9.2 (60.0–63.4) ....................... ASTM D5191 

1ASTM procedures are incorporated by reference in § 86.1. 

2Octane specifications are optional for manufacturer testing. 

3For testing at altitudes above 1,219 m (4000 feet), the specified range is 75–105 °F. 4Sulfur concentration will not exceed 0.0045 weight percent for EPA testing. 

5For testing unrelated to evaporative emission control, the specified range is 8.0–9.2 psi (55.2–63.4 kPa). For testing at altitudes above 1,219 

m (4000 feet), the specified range is 7.6–8.0 psi (52.4–55.2 kPa). Calculate dry vapor pressure equivalent, DVPE, based on the measured total 

vapor pressure, pT, using the following equation: DVPE (psi) = 0.956 · pT¥0.347 (or DVPE (kPa) = 0.956 · pT¥2.39). DVPE is intended to be 

equivalent to Reid Vapor Pressure using a different test method. 


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* * * * * 

Subpart C—Emission Regulations for 

1994 and Later Model Year GasolineFueled New Light-Duty Vehicles, New 

Light-Duty Trucks and New MediumDuty Passenger Vehicles; Cold 

Temperature Test Procedures 

■ 51. Section 86.201 is revised to read 

as follows: 

§ 86.201 General applicability. 

(a) Vehicles are subject to cold 

temperature testing requirements as 

described in subpart S of this part and 

40 CFR part 600. 

(b) Migration to 40 CFR parts 1065 

and 1066. This subpart transitions to 

rely on the test procedure specifications 

in 40 CFR parts 1065 and 1066 as 

follows: 

(1) Through model year 2021, 

manufacturers may use the test 

procedures specified in paragraph (c) or 

(d) of this section or, using good 

engineering judgement, elements of 

both. For any EPA testing before model 

year 2022, EPA will use the 

manufacturer’s selected procedures for 

applying acceptable speed-tolerance 

criteria. For any other parameters, EPA 

may conduct testing using either of the 

specified procedures. As allowed under 

this part, manufacturers may use 

carryover data from previous model 

years to demonstrate compliance with 

emission standards, without regard to 

the provisions of this section. 

(2) For vehicles certified before model 

year 2022 to any of the Tier 3 emission 

standards specified in subpart S of this 

part, manufacturers must determine 

overall driver accuracy based on driven 

cycle energy as described in 40 CFR 

1066.425(j). 

(c) Interim procedures. Through 

model year 2021, manufacturers may 

certify vehicles based on data collected 

according to previously published cold 

temperature and intermediate 

temperature testing procedures. 

(d) Long-term procedures. Starting in 

model year 2022, perform testing to 

measure CO and NMHC emissions and 

determine fuel economy as described in 

40 CFR part 1066; see especially 40 CFR 

1066.710. We may approve the use of 

previously published cold temperature 

and intermediate temperature testing 

procedures for later model years as an 

alternative procedure under 40 CFR 

1066.10(c). Perform intermediate 

temperature testing as follows: 

(1) For testing during ambient 

temperatures of less than 50 °F (10 °C), 

perform testing as described in 40 CFR 

part 1066, subpart H. 

(2) For testing at temperatures of 50 °F 

(10 °C) or higher, perform FTP testing as 

described in 40 CFR part 1066. 

(e) Section 86.213 describes special 

provisions related to test fuel 

specifications. 

■ 52. Section 86.213 is amended by 

revising Table 1 in paragraph (a)(2) to 

read as follows: 

§ 86.213 Fuel specifications. 

(a) * * * 

(2) * * * 

TABLE 1 OF § 86.213—COLD TEMPERATURE TEST FUEL SPECIFICATIONS FOR GASOLINE WITHOUT ETHANOL

Item Regular Premium Reference procedure 1

(RON+MON)/2 2 ............................................................... 87.8±0.3 ............................. 92.3±0.5 ............................. ASTM D2699; ASTM 

D2700 

Sensitivity 3 ...................................................................... 7.5 ...................................... 7.5 ...................................... ASTM D2699; ASTM 

D2700 

Distillation Range (°F): 

Evaporated initial boiling point ................................. 76–96 ................................. 76–96 ................................. ASTM D86 

10% evaporated ....................................................... 98–118 ............................... 105–125.

50% evaporated ....................................................... 179–214 ............................. 195–225.

90% evaporated ....................................................... 316–346 ............................. 316–346.

Evaporated final boiling point ................................... 413 Maximum .................... 413 Maximum.

Hydrocarbon composition (vol %): 

Olefins ...................................................................... 12.5±5.0 ............................. 10.5±5.0 ............................. ASTM D1319 

Aromatics .................................................................. 26.4±4.0 ............................. 32.0±4.0.

Saturates .................................................................. Remainder ......................... Remainder.

Lead, g/gallon .................................................................. 0.01, Maximum .................. 0.01, Maximum .................. ASTM D3237 

Phosphorous, g/gallon ..................................................... 0.005, Maximum ................ 0.005, Maximum ................ ASTM D3231 

Total sulfur, wt. % 3 ......................................................... 0.0015–0.008 ..................... 0.0015–0.008 ..................... ASTM D2622 

RVP, psi ........................................................................... 11.5±0.3 ............................. 11.5±0.3 ............................. ASTM D5191 

1ASTM procedures are incorporated by reference in § 86.1. 

2Octane specifications are optional for manufacturer testing. The premium fuel specifications apply for vehicles designed to use high-octane 

premium fuel. 3Sulfur concentration will not exceed 0.0045 weight percent for EPA testing. 

* * * * * 

Subpart F—Emission Regulations for 

1978 and Later New Motorcycles; Test 

Procedures 

■ 53. Section 86.513 is amended by 

revising paragraph (a)(1) to read as 

follows: 

§ 86.513 Fuel and engine lubricant 

specifications. 

(a) * * * 

(1) Gasoline meeting the following 

specifications, or substantially 

equivalent specifications approved by 

the Administrator, must be used for 

exhaust and evaporative emission 

testing: 

TABLE 1 OF § 86.513—GASOLINE TEST FUEL SPECIFICATIONS

Item Value Procedure 1

Distillation Range: 

1. Initial boiling point, °C ................................................................................... 23.9–35.0 2 .............................................. ASTM D86 


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TABLE 1 OF § 86.513—GASOLINE TEST FUEL SPECIFICATIONS—Continued 

Item Value Procedure 1

2. 10% point, °C ................................................................................................ 48.9–57.2.

3. 50% point, °C ................................................................................................ 93.3–110.0.

4. 90% point, °C ................................................................................................ 148.9–162.8.

5. End point, °C ................................................................................................. 212.8 maximum.

Hydrocarbon composition: 

1. Olefins, volume % ......................................................................................... 10 maximum ........................................... ASTM D1319 

2. Aromatics, volume % ..................................................................................... 35 maximum.

3. Saturates ....................................................................................................... Remainder.

Lead (organic), g/liter ................................................................................................ 0.013 maximum ...................................... ASTM D3237 

Phosphorous, g/liter .................................................................................................. 0.0013 maximum .................................... ASTM D3231 

Sulfur, weight % ........................................................................................................ 0.008 maximum ...................................... ASTM D2622 

Dry Vapor Pressure Equivalent (DVPE), kPa .......................................................... 55.2 to 63.4 3 .......................................... ASTM D5191 

1ASTM procedures are incorporated by reference in § 86.1. 

2For testing at altitudes above 1,219 m, the specified initial boiling point range is (23.9 to 40.6) °C. 3For testing at altitudes above 1,219 m, the specified volatility range is 52 to 55 kPa. Calculate dry vapor pressure equivalent, DVPE, based 

on the measured total vapor pressure, pT, using the following equation: DVPE (kPa) = 0.956 · pT¥2.39 (or DVPE (psi) = 0.956 · pT¥0.347). 

DVPE is intended to be equivalent to Reid Vapor Pressure using a different test method. 

* * * * * 

§ 86.513–2004 [Removed] 

■ 54. Remove § 86.513–2004. 

§ 86.529–98 [Amended] 

■ 55. Section 86.529–98 paragraph (b) is 

amended in Figure F98–9, under the 

first column titled ‘‘Loaded vehicle 

mass (kg)’’ by removing ‘‘565–665’’ and 

adding ‘‘656–665’’ in its place. 

Subpart S—General Compliance 

Provisions for Control of Air Pollution 

From New and In-Use Light-Duty 

Vehicles, Light-Duty Trucks, and 

Heavy-Duty Vehicles 

■ 56. The heading for subpart S is 

revised as set forth above. 

■ 57. Section 86.1801–12 is amended 

by: 

■ a. Revising paragraph (a)(2)(ii); 

■ b. Adding paragraph (a)(2)(iii); 

■ c. Revising paragraph (a)(3) 

introductory text; 

■ d. Removing paragraph (a)(4); and 

■ e. Redesignating paragraph (a)(5) as 

paragraph (a)(4). 

The revisions and addition read as 

follows: 

§ 86.1801–12 Applicability. 

(a) * * * 

(2) * * * 

(ii) Greenhouse gas emission 

standards apply as specified in 40 CFR 

part 1037 instead of the standards 

specified in this subpart. 

(iii) The provisions of this subpart are 

optional for diesel-fueled Class 3 heavyduty vehicles in a given model year if 

those vehicles are equipped with 

engines certified to the appropriate 

standards in § 86.007–11 for which less 

than half of the engine family’s sales for 

the model year in the United States are 

for complete Class 3 heavy-duty 

vehicles. This includes engines sold to 

all vehicle manufacturers. If you are the 

original manufacturer of the engine and 

the vehicle, base this showing on your 

sales information. If you manufacture 

the vehicle but are not the original 

manufacturer of the engine, you must 

use your best estimate of the original 

manufacturer’s sales information. 

(3) The provisions of this subpart 

generally do not apply to incomplete 

heavy-duty vehicles or to complete 

vehicles above 14,000 pounds GVWR 

(see subpart A of this part and 40 CFR 

parts 1036 and 1037). However, this 

subpart applies to such vehicles in the 

following cases: 

* * * * * 

■ 58. Section 86.1803–01 is amended by 

revising the definition of ‘‘Averaging 

set’’ to read as follows: 

§ 86.1803–01 Definitions. 

* * * * * 

Averaging set means a category or 

subcategory of vehicles within which 

test groups can average and trade 

emission credits with one another. 

* * * * * 

■ 59. Section 86.1805–17 is amended by 

revising paragraphs (a), (b), and (c) to 

read as follows: 

§ 86.1805–17 Useful life. 

(a) General provisions. The useful life 

values specified in this section apply for 

all exhaust, evaporative, refueling, and 

OBD emission requirements described 

in this subpart, except for standards that 

are specified to apply only at 

certification. These useful life 

requirements also apply to all air 

conditioning leakage credits, air 

conditioning efficiency credits, and 

other credit programs used by the 

manufacturer to comply with the fleetaverage CO2 emission standards in 

§ 86.1818. Useful life values are 

specified as a given number of calendar 

years or miles of driving, whichever 

comes first. 

(b) Greenhouse gas pollutants. The 

emission standards in § 86.1818 apply 

for a useful life of 10 years or 120,000 

miles for LDV and LLDT and 11 years 

or 120,000 miles for HLDT and MDPV. 

Manufacturers may alternatively certify 

based on a longer useful life as specified 

in paragraph (d) of this section. 

(c) Cold temperature emission 

standards. The cold temperature NMHC 

emission standards in § 86.1811 apply 

for a useful life of 10 years or 120,000 

miles for LDV and LLDT, and 11 years 

or 120,000 miles for HLDT and HDV. 

The cold temperature CO emission 

standards in § 86.1811 apply for a useful 

life of 5 years or 50,000 miles. 

* * * * * 

■ 60. Section 86.1806–17 is amended by 

revising paragraph (a)(8) to read as 

follows: 

§ 86.1806–17 Onboard diagnostics. 

* * * * * 

(a) * * * 

(8) Apply thresholds for exhaust 

emission malfunctions from Tier 3 

vehicles based on the thresholds 

calculated for the corresponding bin 

standards in the California LEV II 

program as prescribed for the latest 

model year in 13 CCR 1968.2(e) and (f). 

For example, for Tier 3 Bin 160 

standards, apply the threshold that 

applies for the LEV standards. For cases 

involving Tier 3 standards that have no 

corresponding bin standards from the 

California LEV II program, use the next 

highest LEV II bin. For example, for Tier 

3 Bin 50 standards, apply the threshold 

that applies for the ULEV standards. 

You may apply thresholds that are more 


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stringent than we require under this 

paragraph (a)(8). 

* * * * * 

■ 61. Section 86.1810–01 is amended by 

revising paragraph (o) and removing 

paragraph (p) to read as follows: 

§ 86.1810–01 General standards; increase 

in emissions; unsafe condition; waivers. 

* * * * * 

(o) NMOG determination procedures. 

Measure NMOG emissions or determine 

NMOG emissions based on NMHC 

measurements using the procedures 

described in 40 CFR 1066.635. For Tier 

2 and interim non-Tier 2 vehicles fueled 

by gasoline, manufacturers may instead 

measure NMHC and multiply the result 

by an adjustment factor of 1.04 before 

comparing with the NMOG standard to 

determine compliance with that 

standard. 

■ 62. Section 86.1810–17 is amended by 

revising paragraph (h)(1) to read as 

follows: 

§ 86.1810–17 General requirements. 

* * * * * 

(h) * * * 

(1) For criteria exhaust emissions, we 

may identify the worst-case fuel blend 

for testing in addition to what is 

required for gasoline-fueled vehicles. 

The worst-case fuel blend may be the 

fuel specified in 40 CFR 1065.725, or it 

may consist of a combination of the 

fuels specified in 40 CFR 1065.710(b) 

and 1065.725. We may waive testing 

with the worst-case blended fuel for 

US06 and/or SC03 duty cycles; if we 

waive only SC03 testing, substitute the 

SC03 emission result using the standard 

test fuel for gasoline-fueled vehicles to 

calculate composite SFTP emissions. 

* * * * * 

■ 63. Section 86.1811–04 is amended by 

revising paragraph (j) to read as follows: 

§ 86.1811–04 Emission standards for lightduty vehicles, light-duty trucks and 

medium-duty passenger vehicles. 

* * * * * 

(j) Highway NOX exhaust emission 

standard. The NOX emissions measured 

on the federal Highway Fuel Economy 

Test in 40 CFR 1066.840 must not be 

greater than 1.33 times the applicable 

FTP NOX standard to which the 

manufacturer certifies the test group. 

Both the measured emissions and the 

product of the NOX standard and 1.33 

must be rounded to the nearest 0.01 

g/mi before being compared. 

* * * * * 

■ 64. Section 86.1811–17 is amended 

by: 

■ a. Revising paragraph (a); 

■ b. Revising paragraphs (b)(2), (b)(8), 

(b)(9) introductory text, (b)(10), and 

(b)(11); 

■ c. Adding paragraph (b)(14); and 

■ d. Revising paragraphs (c) and (g). 

The revisions and addition read as 

follows: 

§ 86.1811–17 Exhaust emission standards 

for light-duty vehicles, light-duty trucks and 

medium-duty passenger vehicles. 

(a) Applicability and general 

provisions. This section describes 

exhaust emission standards that apply 

for model year 2017 and later light-duty 

vehicles, light-duty trucks, and 

medium-duty passenger vehicles. 

MDPVs are subject to all the same 

emission standards and certification 

provisions that apply to LDT4. Some of 

the provisions of this section also apply 

to heavy-duty vehicles as specified in 

§ 86.1816. See § 86.1818 for greenhouse 

gas emission standards. See § 86.1813 

for evaporative and refueling emission 

standards. This section may apply to 

vehicles from model years earlier than 

2017 as specified in paragraph (b)(11) of 

this section. 

(b) * * * 

(2) Table 1 of this section describes 

fully phased-in Tier 3 standards that 

apply as specified in this paragraph (b) 

for the identified driving schedules. The 

FTP standards for NMOG+NOX apply 

on a fleet-average basis using discrete 

bin standards as described in paragraph 

(b)(4) of this section. The bin standards 

include additional emission standards 

for high-altitude testing and for CO 

emissions when testing over the FTP 

driving schedule. The SFTP standards 

for NMOG+NOX apply on a fleet-average 

basis as described in paragraph (b)(5) of 

this section. Table 1 follows: 

TABLE 1 OF § 86.1811–17—FULLY PHASED-IN TIER 3 EXHAUST EMISSION STANDARDS (g/mile) 

NMOG+NOX PM CO Formaldehyde 

FTP1 SFTP FTP US06 SFTP FTP 

0.030 0.050 0.003 0.006 4.2 0.004 

1The fleet-average FTP emission standard for NMOG+NOX is 0.026 g/mile for LDV and LDT1 test groups certified to standards based on a 

useful life of 120,000 miles or 10 years in a given model year. 

* * * * * 

(8) The following provisions describe 

the primary approach for phasing in the 

Tier 3 standards other than PM in 2025 

and earlier model years: 

(i) FTP phase-in. The fleet-average 

FTP emission standard for NMOG+NOX

phases in over several years as 

described in this paragraph (b)(8)(i). 

You must identify FELs as described in 

paragraph (b)(4) of this section and 

calculate a fleet-average emission level 

to show that you meet the FTP emission 

standard for NMOG+NOX that applies 

for each model year. For model year 

2017, do not include vehicles above 

6,000 pounds GVWR. Through model 

year 2019, you may also certify to 

transitional Bin 85 or Bin 110 standards, 

which consist of all-altitude FTP 

emission standards for NMOG+NOX of 

0.085 or 0.110 g/mile, respectively; 

additional FTP standards for PM, CO, 

and formaldehyde apply as specified in 

this section for vehicles certified to Bin 

125 standards. Fleet-average FTP 

emission standards decrease through the 

phase-in period as shown in the 

following table: 

TABLE 3 OF § 86.1811–17—DECLINING FLEET-AVERAGE TIER 3 FTP EMISSION STANDARDS FOR NMOG+NOX (g/mile) 

Model year 

LDV, LDT1— 

150,000 

mile useful 

life 1

LDV, LDT1— 

120,000 

mile useful 

life 1

LDT2, HLDT 

2017 2 ........................................................................................................................................... 0.086 0.073 0.101 

2018 ............................................................................................................................................. 0.079 0.067 0.092 

2019 ............................................................................................................................................. 0.072 0.061 0.083 


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TABLE 3 OF § 86.1811–17—DECLINING FLEET-AVERAGE TIER 3 FTP EMISSION STANDARDS FOR NMOG+NOX (g/mile)— 

Continued 

Model year 

LDV, LDT1— 

150,000 

mile useful 

life 1

LDV, LDT1— 

120,000 

mile useful 

life 1

LDT2, HLDT 

2020 ............................................................................................................................................. 0.065 0.055 0.074 

2021 ............................................................................................................................................. 0.058 0.049 0.065 

2022 ............................................................................................................................................. 0.051 0.043 0.056 

2023 ............................................................................................................................................. 0.044 0.037 0.047 

2024 ............................................................................................................................................. 0.037 0.031 0.038 

2025 ............................................................................................................................................. 0.030 0.026 0.030 

1Vehicles certified to standards based on a useful life of 120,000 miles may comply based on the fleet-average standard specified for 150,000 

mile useful life in certain circumstances as specified in paragraph (b)(8)(iii)(A) of this section. 2 HLDT and MDPV must meet the Tier 3 standards starting with model year 2018. 

(ii) SFTP phase-in. The fleet-average 

SFTP emission standard for 

NMOG+NOX phases in over several 

years as described in this paragraph 

(b)(8)(ii). You must identify FELs as 

described in paragraph (b)(5) of this 

section and calculate a fleet-average 

emission level to show that you meet 

the SFTP emission standard for 

NMOG+NOX that applies for each 

model year. 

(A) Calculate the fleet-average 

emission level together for all your 

light-duty vehicles and light-duty 

trucks, except for those certified using 

the provisions of paragraph (b)(8)(ii)(C) 

of this section. For model year 2017, do 

not include vehicles above 6,000 

pounds GVWR (in the numerator or 

denominator). 

(B) Fleet-average SFTP emission 

standards decrease through the phase-in 

period as shown in the following table: 

TABLE 4 OF § 86.1811–17—DECLINING FLEET-AVERAGE TIER 3 SFTP 

EMISSION STANDARDS

Model year NMOG+NOX

(g/mile) 

2017 1 .................................... 0.103 

2018 ...................................... 0.097 

2019 ...................................... 0.090 

2020 ...................................... 0.083 

2021 ...................................... 0.077 

2022 ...................................... 0.070 

2023 ...................................... 0.063 

2024 ...................................... 0.057 

2025 ...................................... 0.050 

1 HLDT and MDPV must meet the Tier 3 

standards starting with model year 2018. 

(C) You may use the SFTP stand-alone 

option specified in 13 CCR 1961.2 

(a)(7)(A)1 of the LEV III program to 

demonstrate compliance with EPA’s 

SFTP standards. Do not include any 

such test groups when demonstrating 

compliance with the phased-in fleetaverage SFTP standards specified in this 

paragraph (b)(8)(ii). Note that this 

option is not available for vehicles 

certified to the transitional bins 

described in paragraph (b)(8)(i) of this 

section. 

(iii) Interim provisions. (A) For 

vehicles certified to bins higher than 

Bin 70 under this section through model 

year 2019, the Tier 2 useful life period 

applies as specified in § 86.1805–12 for 

all criteria pollutants other than PM. 

However, LDV and LDT1 test groups 

certified to bin standards above Bin 70 

through model year 2019 may be 

included in the same averaging set with 

vehicles meeting standards over a 

150,000 mile useful life, 

notwithstanding the provisions of 

§ 86.1861–17(b)(1)(iii). Any such 

vehicles you include in the averaging 

set for 150,000 mile useful life are also 

subject to the fleet-average NMOG+NOX

standard specified for 150,000 mile 

useful life; similarly, any such vehicles 

you include in the averaging set for 

120,000 mile useful life are also subject 

to the fleet-average NMOG+NOX

standard specified for 120,000 mile 

useful life. 

(B) You may use the E0 test fuel 

specified in § 86.113 through model 

year 2019 for gasoline-fueled vehicles 

certified to bins higher than Bin 70. You 

may not certify these vehicles using 

carryover data after model year 2019. 

(C) Vehicles must continue to comply 

with the Tier 2 SFTP emission 

standards for NMHC+NOX and CO for 

4,000-mile testing as specified in 

§ 86.1811–04(f)(1) if they are certified to 

transitional Bin 85 or Bin 110 standards, 

or if they are certified based on a fuel 

without ethanol, or if they are not 

certified to the Tier 3 p.m. standard. 

(iv) You may use the alternative 

phase-in provisions described in 

paragraph (b)(9) of this section to 

transition to the Tier 3 exhaust emission 

standards on a different schedule. 

(9) This paragraph (b)(9) describes an 

alternative approach to phasing in the 

Tier 3 emission standards for vehicles 

above 6,000 pounds GVWR. If you 

choose this approach, you must phase 

in the Tier 3 standards for all your 

vehicles above 6,000 pounds GVWR that 

are subject to this section according to 

this schedule. Under this alternative 

phase-in, you must meet the fully 

phased-in standards specified in this 

paragraph (b) with 40, 70, and 100 

percent of your projected nationwide 

sales of all vehicles above 6,000 pounds 

GVWR that are subject to this section in 

model years 2019 through 2021, 

respectively. Any vehicles not subject to 

Tier 3 standards during the phase-in 

period must continue to comply with 

the Tier 2 standards in § 86.1811–04(c) 

and (f), including the Tier 2 SFTP 

emission standards for NMHC+NOX and 

CO for 4,000-mile testing as specified in 

§ 86.1811–04(f)(1). Vehicles subject to 

Tier 2 standards under this paragraph 

(b)(9) are subject to the useful life 

provisions in § 86.1805–12 relative to 

exhaust emission standards. Each 

vehicle counting toward the phase-in 

percentage under this paragraph (b)(9) 

must meet all the standards that apply 

throughout the useful life as specified in 

§ 86.1805–17, and must use the Tier 3 

test fuel specified in § 86.113–15. The 

following exceptions and special 

provisions apply under this paragraph 

(b)(9): 

* * * * * 

(10) You may not use credits 

generated from Tier 2 vehicles for 

demonstrating compliance with the Tier 

3 standards except as specified in this 

paragraph (b)(10). You may generate 

early credits with U.S. sales of Tier 2 

vehicles in the two model years before 

the Tier 3 standards start to apply for a 

given vehicle model. Vehicles certified 

to the Tier 2 standards must meet all the 

Tier 2 requirements in § 86.1811–10, 

including the fleet-average Tier 2 

standards. Calculate early Tier 3 

emission credits as described in 

§ 86.1861 by subtracting the appropriate 

Tier 2 fleet-average value for FTP 


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emissions of NMOG+NOX from 0.160 g/ 

mile. Calculate your fleet-average value 

for the model year based on vehicles at 

or below 6,000 pounds GVWR in 2015, 

on all sizes of vehicles in 2016, and on 

vehicles above 6,000 pounds GVWR in 

2017. You may use these early credits as 

described in § 86.1861 for 

demonstrating compliance with the FTP 

emission standard for NMOG+NOX

starting in model year 2017. You may 

use these early credits interchangeably 

for vehicles certified based on a useful 

life of either 120,000 or 150,000 miles. 

For model years 2018 and later, you 

may use any remaining early credits for 

banking or trading subject to a 

limitation based on credits generated in 

California, as follows: 

(i) For the applicable model years in 

which you generate emission credits 

relative to California’s LEV III fleetaverage NMOG+NOX standard, 

determine the actual California sales of 

light-duty vehicles and light-duty trucks 

and the actual nationwide sales of those 

same vehicles. (Note: If you have a 

credit deficit in a given model year for 

your LEV III vehicles, apply the 

provisions of this paragraph (b)(10)(i) 

based on the appropriate negative credit 

quantity.) In 2015, count sales only from 

vehicle models at or below 6,000 

pounds GVWR. For each model year, 

multiply the credits generated under the 

California program by the ratio of 

nationwide vehicle sales to LEV III 

vehicle sales to calculate an effective 

nationwide quantity. Sum these results 

for model years 2015 through 2017. 

Note that this calculation results in a 

maximum credit quantity based on 

vehicle sales in all states, even though 

the initial credit calculation does not 

include vehicle sales in California or the 

section 177 states. If you comply with 

the LEV III standards based on pooled 

emission credits for California and the 

section 177 states, use those pooled 

emission credits and corresponding 

sales for calculating the maximum 

credit quantity under this paragraph 

(b)(10)(i). 

(ii) You may not use more early 

credits generated under this paragraph 

(b)(10) for banking or trading to 

demonstrate compliance with Tier 3 

emission standards than the calculated 

value of the effective nationwide credit 

quantity summed in paragraph (b)(10)(i) 

of this section. If your generated credits 

are greater than this threshold, 

determine the ratio by which your 

generated early credits exceed the 

threshold. Calculate an adjusted 

quantity of early credits generated under 

this paragraph (b)(10) by dividing the 

generated credit quantity from each 

model year by this ratio of generated 

credits relative to the applicable 

threshold. This adjusted quantity of 

credits may be used for banking or 

trading relative to the Tier 3 standards, 

subject to the five-year credit life 

described in § 86.1861. 

(11) You may certify vehicles to the 

Tier 3 standards starting in model year 

2015. To do this, you may either sell all 

your LEV III vehicle models nationwide, 

or you may certify a subset of your fleet 

to alternate fleet-average emission 

standards as follows: 

(i) The alternate fleet-average FTP 

emission standards for NMOG+NOX are 

0.100 g/mile in 2015 and 0.093 g/mile 

in 2016 for LDV and LDT1. 

(ii) The alternate fleet-average FTP 

emission standards for NMOG+NOX are 

0.119 g/mile in 2015, 0.110 g/mile in 

2016, and 0.101 g/mile in 2017 for LDT2 

and HLDT. 

(iii) The alternate fleet-average SFTP 

emission standards for NMOG+NOX are 

0.140 in 2015 for all vehicles, 0.110 in 

2016 for all vehicles, and 0.103 in 2017 

for LDT2 and HLDT. 

(iv) The vehicles must meet FTP and 

SFTP standards for PM as specified in 

§ 86.1811–04. The PM testing provisions 

of § 86.1829–01(b)(1)(iii)(B) apply for 

these vehicles. 

(v) Vehicles not certified to the Tier 

3 standards in a given model year must 

meet all the requirements that apply for 

Tier 2 vehicles in that model year. 

(vi) For cold temperature testing and 

for high-altitude testing, you may use 

the E0 fuel specified in § 86.113–04(a) 

or § 86.213 instead of the E10 test fuel 

specified in § 86.113–15. 

(vii) Vehicles certified under this 

paragraph (b)(11) to a bin standard at or 

below Bin 70 must be certified to a 

useful life of 150,000 miles. 

(viii) The interim provisions 

described in paragraph (b)(8)(iii) of this 

section apply for vehicles certified 

under this paragraph (b)(11), except that 

credits generated under this paragraph 

(b)(11) may be used interchangeably for 

vehicles certified based on a useful life 

of either 120,000 or 150,000 miles. 

(ix) For vehicles certified under this 

paragraph (b)(11), you may generate 

emission credits and use those credits 

for demonstrating compliance with Tier 

3 standards as described in paragraph 

(b)(10) of this section or as described in 

§ 86.1861. 

* * * * * 

(14) This subpart describes several 

ways that the transition to Final Tier 3 

standards applies differently for 

vehicles above and below 6,000 pounds 

GVWR. All these distinctions apply 

only for LDT. LDV as a category is 

defined independent of GVWR, so any 

LDV above 6,000 pounds GVWR are 

subject to the same provisions that 

apply for LDV at or below 6,000 pounds 

GVWR. Where this section refers to 

‘‘vehicles above 6,000 pounds GVWR,’’ 

this should be understood to include 

LDT above 6,000 pounds GVWR and 

MDPV (or HLDT and MDPV), and to 

exclude all LDV. 

(c) Highway NMOG+NOX exhaust 

emission standard. NMOG+NOX

emissions measured on the federal 

Highway Fuel Economy Test in 40 CFR 

1066.840 may not exceed the applicable 

FTP bin standard for NMOG+NOX. 

Demonstrate compliance with this 

standard for low-mileage vehicles by 

applying the appropriate deterioration 

factor. For vehicles not certified to any 

Tier 3 emission standards specified in 

paragraph (b) of this section, the 

provisions of § 86.1811–04(j) apply 

instead of this paragraph (c). 

* * * * * 

(g) Cold temperature exhaust 

emission standards. The standards in 

this paragraph (g) apply for certification 

and in-use vehicles tested over the test 

procedures specified in subpart C of this 

part, for testing at both low-altitude 

conditions and high-altitude conditions. 

These standards apply only to gasolinefueled vehicles. Multi-fuel, bi-fuel or 

dual-fuel vehicles must comply with 

requirements using gasoline only. 

Testing with other fuels such as a highlevel ethanol-gasoline blend, or testing 

on diesel vehicles, is not required. 

(1) Cold temperature CO standards. 

Cold temperature CO exhaust emission 

standards apply as follows: 

(i) For LDV and LDT1, the standard is 

10.0 g/mile CO. 

(ii) For LDT2, LDT3 and LDT4, the 

standard is 12.5 grams per mile CO. 

(2) Cold temperature NMHC 

standards. The following fleet average 

cold temperature NMHC standards 

apply as follows: 

* * * * * 

■ 65. Section 86.1813–17 is amended by 

revising paragraphs (a)(1)(iv) and 

(a)(2)(i) to read as follows: 

§ 86.1813–17 Evaporative and refueling 

emission standards. 

* * * * * 

(a) * * * 

(1) * * * 

(iv) Emissions are generally measured 

with a flame ionization detector (FID). 

In the case of rig, diurnal, hot soak, and 

running loss testing with E10 test fuel, 

multiply measured (unspeciated) FID 

values by 1.08 to account for the FID’s 

reduced response to ethanol. However, 

you may instead determine total 

hydrocarbon equivalent for E10 testing 


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based on speciated measurements as 

described in § 86.143–96(c). You may 

use different methods (with or without 

speciation) for different test elements for 

a given test vehicle; however, you must 

always use the same method for diurnal 

and hot soak testing. In addition, any 

later testing with vehicles from that 

evaporative/refueling family must use 

the same method that was used for the 

original testing. Similarly, any 

evaporative/refueling families certified 

in later model years using carryover 

data must use the same method that was 

used for the original testing. We may do 

testing with or without speciation, but 

we will apply the 1.08 correction factor 

to unspeciated measurements for any of 

these four categories of evaporative 

emissions only if you also use it to 

determine your final test results. 

(2) * * * 

(i) The emission standard for the sum 

of diurnal and hot soak measurements 

from the two-diurnal test sequence and 

the three-diurnal test sequence is based 

on a fleet average in a given model year. 

You must specify a family emission 

limit (FEL) for each evaporative family. 

The FEL serves as the emission standard 

for the evaporative family with respect 

to all required diurnal and hot soak 

testing. Calculate your fleet-average 

emission level as described in § 86.1860 

based on the FEL that applies for lowaltitude testing to show that you meet 

the specified standard. For multi-fueled 

vehicles, calculate fleet-average 

emission levels based only on emission 

levels for testing with gasoline. You may 

generate emission credits for banking 

and trading and you may use banked or 

traded credits for demonstrating 

compliance with the diurnal plus hot 

soak emission standard for vehicles 

required to meet the Tier 3 standards, 

other than electric vehicles and gaseousfueled vehicles, as described in 

§ 86.1861 starting in model year 2017. 

You comply with the emission standard 

for a given model year if you have 

enough credits to show that your fleetaverage emission level is at or below the 

applicable standard. You may exchange 

credits between or among evaporative 

families within an averaging set as 

described in § 86.1861. Separate diurnal 

plus hot soak emission standards apply 

for each evaporative/refueling emission 

family as shown for high-altitude 

conditions. The sum of diurnal and hot 

soak measurements may not exceed the 

following Tier 3 standards: 

TABLE 1 OF § 86.1813–17—TIER 3 DIURNAL PLUS HOT SOAK EMISSION

STANDARDS

[grams per test] 

Vehicle 

category 

Low-altitude 

conditions— 

fleet-average 

High-altitude 

conditions 

LDV, LDT1 0.300 0.65 

LDT2 ......... 0.400 0.85 

HLDT ........ 0.500 1 1.15 

HDV .......... 0.600 1.75 

1 1.25 g/test for MDPVs. 

* * * * * 

■ 66. Section 86.1816–18 is amended by 

revising paragraphs (b)(1)(ii)(C), (b)(8) 

introductory text, (b)(12)(iii), and (c) to 

read as follows: 

§ 86.1816–18 Emission standards for 

heavy-duty vehicles. 

* * * * * 

(b) * * * 

(1) * * * 

(ii) * * * 

(C) For Class 3 vehicles, the Hot LA– 

92 driving schedule as specified in 

paragraph (c) of Appendix I of this part. 

* * * * * 

(8) This paragraph (b)(8) describes an 

alternative approach to phasing in the 

Tier 3 emission standards. If you choose 

this approach, you must phase in the 

Tier 3 standards for all your vehicles 

subject to this section according to this 

schedule. Under this alternative phase 

in, you must meet all the standards 

specified in paragraph (b)(2) of this 

section according to the phase-in 

schedule specified in Table 6 of this 

section based on the indicated 

percentage of your projected nationwide 

sales in each model year. These vehicles 

must meet the applicable FTP emission 

standard for CO and the HD–SFTP 

emission standards for NMOG+NOX and 

CO that apply for Class 2b Bin 170 and 

Class 3 Bin 230 as described in 

paragraph (b)(4) of this section. Any 

vehicles not subject to Tier 3 standards 

during the phase-in period must 

continue to comply with the gaseous 

exhaust emission standards in 

§ 86.1816–08. Each vehicle counting 

toward the PM phase-in percentage 

under this paragraph (b)(8) in model 

years 2019 and 2020 must also be 

included in the portion of the fleet 

meeting the Tier 3 standards for 

pollutants other than PM. Each vehicle 

counting toward the phase-in 

percentage for any pollutant must use 

the Tier 3 test fuel specified in § 86.113– 

15. The following exceptions and 

special provisions apply under this 

paragraph (b)(8): 

* * * * * 

(12) * * * 

(iii) Alternate in-use FTP and HD– 

SFTP standards for NMOG+NOX apply 

as specified in the following table: 

TABLE 7 OF § 86.1816–18—ALTERNATE IN-USE NMOG+NOX STANDARDS

[g/mile] 

Class FEL 

name FTP HD– SFTP1

2b .......... Bin 250 .. 0.370 1.120 

Bin 200 .. 0.300 ..... 1.120 ................

Bin 170 .. 0.250 ..... 0.630 ................

Bin 150 .. 0.220 ..... 0.630 ................

3 ............ Bin 400 .. 0.600 0.770 

Bin 270 .. 0.400 ..... 0.770 ................

Bin 230 .. 0.340 ..... 0.490 ................

Bin 200 .. 0.300 ..... 0.490 ................

1For Class 2b vehicles with a power-toweight ratio at or below 0.024 hp/pound that 

are certified to optional standards under paragraphs (b)(2) and (4) of this section, the following alternate in-use HD–SFTP standards 

for NMOG+NOX apply instead of those identified in the table: 0.490 g/mile for Bin 150 and 

Bin 170; and 0.770 g/mile for Bin 200 and Bin 

250. Note that vehicles certified to transitional 

Tier 3 FTP bins are not subject to HD–SFTP 

standards. 

* * * * * 

(c) Highway NMOG+NOX exhaust 

emission standard. For vehicles 

certified to any of the Tier 3 standards 

specified in paragraph (b) of this 

section, NMOG+NOX emissions 

measured on the highway test cycle in 

40 CFR 1066.840 may not exceed the 

applicable NMOG+NOX bin standard for 

FTP testing. Demonstrate compliance 

with this standard for low-mileage 

vehicles by applying the appropriate 

deterioration factor. 

* * * * * 

■ 67. Section 86.1829–15 is amended 

by: 

■ a. Revising paragraphs (b)(2) and 

(d)(1); 

■ b. Adding paragraph (d)(6); and 

■ c. Revising paragraph (e)(9). 

The revisions and addition read as 

follows: 

§ 86.1829–15 Durability and emission 

testing requirements; waivers. 

* * * * * 

(b) * * * 

(2) Test one EDV in each test group 

using the FTP, SFTP, and HFET test 

procedures in 40 CFR part 1066 to 


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demonstrate compliance with other 

exhaust emission standards. 

* * * * * 

(d) * * * 

(1) For vehicles subject to the Tier 3 

PM standards in § 86.1811, a 

manufacturer may provide a statement 

in the application for certification that 

vehicles comply with applicable PM 

standards instead of submitting PM test 

data for a certain number of vehicles. 

However, each manufacturer must test 

vehicles from a minimum number of 

durability groups as follows: 

(i) Manufacturers with a single 

durability group subject to the Tier 3 

PM standards in § 86.1811 must submit 

PM test data for that group. 

(ii) Manufacturers with two to eight 

durability groups subject to the Tier 3 

PM standards in § 86.1811 must submit 

PM test data for at least two durability 

groups each model year. EPA will work 

with the manufacturer to select 

durability groups for testing, with the 

general expectation that testing will 

rotate to cover a manufacturer’s whole 

product line over time. If a durability 

group has been certified in an earlier 

model year based on submitted PM data, 

and that durability group is eligible for 

certification using carryover test data, 

that carryover data may count toward 

meeting the requirements of this 

paragraph (d)(1), subject to the selection 

of durability groups. 

(iii) Manufacturers with nine or more 

durability groups subject to the Tier 3 

PM standards in § 86.1811 must submit 

PM test data for at least 25 percent of 

those durability groups each model 

year. We will work with the 

manufacturer to select durability groups 

for testing as described in paragraph 

(d)(1)(ii) of this section. 

* * * * * 

(6) For model years 2012 through 

2016, a manufacturer may provide a 

statement in its application for 

certification that vehicles comply with 

the applicable standards instead of 

measuring N2O emissions. Such a 

statement may also be used for model 

year 2017 and 2018 vehicles only if the 

application for certification for those 

vehicles is based upon data carried over 

from a prior model year, as allowed 

under this subpart. No model year 2019 

and later vehicles may be waived from 

testing for N2O emissions. Vehicles 

certified to N2O standards using a 

compliance statement instead of 

submitting test data are not required to 

collect and submit N2O emission data 

under the in-use testing requirements of 

§ 86.1845. 

(e) * * * 

(9) For complete vehicles above 

10,000 pounds GVWR with fuel tanks 

exceeding 35 gallons nominal fuel tank 

capacity, and for any incomplete 

vehicles above 10,000 pounds GVWR, a 

manufacturer may provide a statement 

in the application for certification that 

vehicles comply with refueling emission 

standards instead of submitting test 

data, consistent with 40 CFR 

1037.103(c). 

* * * * * 

■ 68. Section 86.1844–01 is amended by 

revising paragraphs (d)(3) and (d)(7)(i) 

to read as follows: 

§ 86.1844–01 Information requirements: 

Application for certification and submittal of 

information upon request. 

* * * * * 

(d) * * * 

(3) A description of applicable 

evaporative/refueling families and leak 

families in accordance with the criteria 

listed in § 86.1821–01, or as otherwise 

used to group a product line. 

* * * * * 

(7) * * * 

(i) For vehicles certified to any Tier 3 

emission standards, include a 

comparison of drive-cycle metrics as 

specified in 40 CFR 1066.425(j) for each 

drive cycle or test phase, as appropriate. 

* * * * * 

■ 69. Section 86.1845–04 is amended by 

revising paragraphs (b)(5), (c)(5), and 

(f)(2) to read as follows: 

§ 86.1845–04 Manufacturer in-use 

verification testing requirements. 

* * * * * 

(b) * * * 

(5) Testing. (i) Each test vehicle of a 

test group shall be tested in accordance 

with the FTP and the US06 portion of 

the SFTP as described in subpart B of 

this part, when such test vehicle is 

tested for compliance with applicable 

exhaust emission standards under this 

subpart. Test vehicles subject to 

applicable exhaust CO2 emission 

standards under this subpart shall also 

be tested in accordance with the HFET 

as described in 40 CFR 1066.840. 

(ii) For vehicles subject to Tier 3 p.m. 

standards, manufacturers must measure 

PM emissions over the FTP and US06 

driving schedules for at least 50 percent 

of the vehicles tested under paragraph 

(b)(5)(i) of this section. 

(iii) Starting with model year 2018 

vehicles, manufacturers must 

demonstrate compliance with the Tier 3 

leak standard specified in § 86.1813, if 

applicable, as described in this 

paragraph (b)(5)(iii). Manufacturers 

must evaluate each vehicle tested under 

paragraph (b)(5)(i) of this section, except 

that leak testing is not required for 

vehicles tested under paragraph 

(b)(5)(iv) of this section for diurnal 

emissions. In addition, manufacturers 

must evaluate at least one vehicle from 

each leak family for a given model year. 

Manufacturers may rely on OBD 

monitoring instead of testing as follows: 

(A) A vehicle is considered to pass the 

leak test if the OBD system completed 

a leak check within the previous 750 

miles of driving without showing a leak 

fault code. 

(B) Whether or not a vehicle’s OBD 

system has completed a leak check 

within the previous 750 miles of 

driving, the manufacturer may operate 

the vehicle as needed to force the OBD 

system to perform a leak check. If the 

OBD leak check does not show a leak 

fault, the vehicle is considered to pass 

the leak test. 

(C) If the most recent OBD leak check 

from paragraph (b)(5)(iii)(A) or (B) of 

this section shows a leak-related fault 

code as specified in § 86.1806–17(b), the 

vehicle is presumed to have failed the 

leak test. Manufacturers may perform 

the leak measurement procedure 

described in 40 CFR 1066.985 for an 

official result to replace the finding from 

the OBD leak check. 

(D) Manufacturers may not perform 

repeat OBD checks or leak 

measurements to over-ride a failure 

under paragraph (b)(5)(iii)(C) of this 

section. 

(iv) For nongaseous-fueled vehicles, 

one test vehicle of each evaporative/

refueling family shall be tested in 

accordance with the supplemental 2- 

diurnal-plus-hot-soak evaporative 

emission and refueling emission 

procedures described in subpart B of 

this part, when such test vehicle is 

tested for compliance with applicable 

evaporative emission and refueling 

standards under this subpart. For 

gaseous-fueled vehicles, one test vehicle 

of each evaporative/refueling family 

shall be tested in accordance with the 3- 

diurnal-plus-hot-soak evaporative 

emission and refueling emission 

procedures described in subpart B of 

this part, when such test vehicle is 

tested for compliance with applicable 

evaporative emission and refueling 

standards under this subpart. The test 

vehicles tested to fulfill the evaporative/ 

refueling testing requirement of this 

paragraph (b)(5)(iv) will be counted 

when determining compliance with the 

minimum number of vehicles as 

specified in Table S04–06 and Table 

S04–07 in paragraph (b)(3) of this 

section for testing under paragraph 

(b)(5)(i) of this section only if the 

vehicle is also tested for exhaust 

emissions under the requirements of 

paragraph (b)(5)(i) of this section. 

* * * * * 


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(c) * * * 

(5) Testing. (i) Each test vehicle shall 

be tested in accordance with the FTP 

and the US06 portion of the SFTP as 

described in subpart B of this part when 

such test vehicle is tested for 

compliance with applicable exhaust 

emission standards under this subpart. 

Test vehicles subject to applicable 

exhaust CO2 emission standards under 

this subpart shall also be tested in 

accordance with the HFET as described 

in 40 CFR 1066.840. One test vehicle 

from each test group shall be tested over 

the FTP at high altitude. The test 

vehicle tested at high altitude is not 

required to be one of the same test 

vehicles tested at low altitude. The test 

vehicle tested at high altitude is counted 

when determining the compliance with 

the requirements shown in Table S04– 

06 and Table S04–07 in paragraph (b)(3) 

of this section or the expanded sample 

size as provided for in this paragraph 

(c). 

(ii) For vehicles subject to Tier 3 p.m. 

standards, manufacturers must measure 

PM emissions over the FTP and US06 

driving schedules for at least 50 percent 

of the vehicles tested under paragraph 

(c)(5)(i) of this section. 

(iii) Starting with model year 2018 

vehicles, manufacturers must evaluate 

each vehicle tested under paragraph 

(c)(5)(i) of this section to demonstrate 

compliance with the Tier 3 leak 

standard specified in § 86.1813, except 

that leak testing is not required for 

vehicles tested under paragraph 

(c)(5)(iv) of this section for diurnal 

emissions. In addition, manufacturers 

must evaluate at least one vehicle from 

each leak family for a given model year. 

Manufacturers may rely on OBD 

monitoring instead of testing as 

described in paragraph (b)(5)(iii) of this 

section. 

(iv) For nongaseous-fueled vehicles, 

one test vehicle of each evaporative/

refueling family shall be tested in 

accordance with the supplemental 2- 

diurnal-plus-hot-soak evaporative 

emission procedures described in 

subpart B of this part, when such test 

vehicle is tested for compliance with 

applicable evaporative emission and 

refueling standards under this subpart. 

For gaseous-fueled vehicles, one test 

vehicle of each evaporative/refueling 

family shall be tested in accordance 

with the 3-diurnal-plus-hot-soak 

evaporative emission procedures 

described in subpart B of this part, 

when such test vehicle is tested for 

compliance with applicable evaporative 

emission and refueling standards under 

this subpart. The vehicles tested to 

fulfill the evaporative/refueling testing 

requirement of this paragraph (c)(5)(iv) 

will be counted when determining 

compliance with the minimum number 

of vehicles as specified in Table S04–06 

and table S04–07 in paragraph (b)(3) of 

this section for testing under paragraph 

(c)(5)(i) of this section only if the 

vehicle is also tested for exhaust 

emissions under the requirements of 

paragraph (c)(5)(i) of this section. 

* * * * * 

(f) * * * 

(2) For flexible-fueled vehicles 

certified to NMOG (or NMOG+NOX) 

standards, the manufacturer may ask for 

EPA approval to demonstrate 

compliance using an equivalent NMOG 

emission result calculated from a ratio 

of ethanol NMOG exhaust emissions to 

gasoline NMHC exhaust emissions. 

Ethanol NMOG exhaust emissions are 

measured values from testing with the 

ethanol test fuel, expressed as NMOG. 

Gasoline NMHC exhaust emissions are 

measured values from testing with the 

gasoline test fuel, expressed as NMHC. 

This ratio must be established during 

certification for each emission-data 

vehicle for the applicable test group. 

Use good engineering judgment to 

establish a different ratio for each duty 

cycle or test interval as appropriate. 

Identify the ratio values you develop 

under this paragraph (f)(2) and describe 

the duty cycle or test interval to which 

they apply in the Part II application for 

certification. Calculate the equivalent 

NMOG emission result by multiplying 

the measured gasoline NMHC exhaust 

emissions for a given duty cycle or test 

interval by the appropriate ratio. 

* * * * * 

■ 70. Section 86.1846–01 is amended by 

revising paragraphs (b)(1)(i) and (ii) to 

read as follows: 

§ 86.1846–01 Manufacturer in-use 

confirmatory testing requirements. 

* * * * * 

(b) * * * 

(1) * * * 

(i) Additional testing is not required 

under this paragraph (b)(1) based on 

Supplemental FTP testing or 

evaporative/refueling testing. Testing 

conducted at high altitude under the 

requirements of § 86.1845–04(c) will be 

included in determining if a test group 

meets the criteria triggering the testing 

required under this section. 

(ii) The vehicle designated for testing 

under the requirements of § 86.1845– 

04(c)(2) with a minimum odometer 

reading of 105,000 miles or 75% of 

useful life, whichever is less, will not be 

included in determining if a test group 

meets the triggering criteria. 

* * * * * 

■ 71. Section 86.1861–17 is amended by 

revising paragraphs (a) and (b)(1) to read 

as follows: 

§ 86.1861–17 How do the NMOG+NOX and 

evaporative emission credit programs 

work? 

* * * * * 

(a) Calculate emission credits as 

described in this paragraph (a) instead 

of using the provisions of 40 CFR 

1037.705. Calculate positive or negative 

emission credits relative to the 

applicable fleet-average standard. 

Calculate positive emission credits if 

your fleet-average level is below the 

standard. Calculate negative emission 

credits if your fleet-average value is 

above the standard. Calculate credits 

separately for each type of standard and 

for each averaging set. Calculate 

emission credits using the following 

equation, rounded to the nearest whole 

number: 

Emission credit=Volume · [Fleet average 

standard¥Fleet average value] 

Where: 

Emission credit = The positive or negative 

credit for each discrete fleet-average 

standard, in units of vehicle-grams per 

mile for NMOG+NOX and vehicle-grams 

per test for evaporative emissions. 

Volume = Sales volume in a given model 

year from the collection of test groups or 

evaporative families covered by the fleetaverage value, as described in § 86.1860. 

(b) * * * 

(1) Except as specified in paragraph 

(b)(2) of this section, emission credits 

may be exchanged only within an 

averaging set, as follows: 

(i) HDV represent a separate averaging 

set with respect to all emission 

standards. 

(ii) Except as specified in paragraph 

(b)(1)(iii) of this section, LDV and LDT 

represent a single averaging set with 

respect to all emission standards. Note 

that FTP and SFTP credits are not 

interchangeable. 

(iii) LDV and LDT1 certified to 

standards based on a useful life of 

120,000 miles and 10 years together 

represent a single averaging set with 

respect to NMOG+NOX emission 

standards. Note that FTP and SFTP 

credits are not interchangeable. 

(iv) The following separate averaging 

sets apply for evaporative emission 

standards: 

(A) LDV and LDT1 together represent 

a single averaging set. 

(B) LDT2 represents a single averaging 

set. 

(C) HLDT represents a single 

averaging set. 

(D) HDV represents a single averaging 

set. 

* * * * * 


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■ 72. Appendix I to part 86 is amended 

by revising paragraph (c) introductory 

text to read as follows: 

Appendix I to Part 86—Dynamometer 

Schedules 

* * * * * 

(c) EPA driving schedule for class 3 heavyduty vehicles. This driving schedule is also 

known as the LA–92 cycle. The first 1,435 

seconds are the Hot LA–92 driving schedule. 

* * * * * 

PART 600—FUEL ECONOMY AND 

GREENHOUSE GAS EXHAUST 

EMISSIONS OF MOTOR VEHICLES 

■ 73. The authority citation for part 600 

continues to read as follows: 

Authority: 49 U.S.C. 32901–23919q, Pub. 

L. 109–58. 

Subpart B—[Amended] 

■ 74. Section 600.116–12 is amended by 

revising paragraph (c)(5) to read as 

follows: 

§ 600.116–12 Special procedures related to 

electric vehicles and hybrid electric 

vehicles. 

* * * * * 

(c) * * * 

(5) The End-of-Test criterion is based 

on a 1 percent Net Energy Change as 

specified in Section 3.8 of SAE J1711. 

We may approve alternate Net Energy 

Change tolerances as specified in 

Section 3.9.1 of SAE J1711 for chargedepleting tests or Appendix C of SAE 

J1711 for charge-sustaining tests if the 1 

percent threshold is insufficient or 

inappropriate. For charge-sustaining 

tests, we may approve the use of 

alternate Net Energy Change tolerances 

as specified in Appendix C of SAE 

J1711 to correct final fuel economy 

values, CO2 emissions, and carbonrelated exhaust emissions. For chargesustaining tests, do not use alternate Net 

Energy Change tolerances to correct 

emissions of criteria pollutants. 

Additionally, if we approve an alternate 

End-of-Test criterion or Net Energy 

Change tolerances for a specific vehicle, 

we may use the alternate criterion or 

tolerances for any testing we conduct on 

that vehicle. 

* * * * * 

■ 75. Section 600.117 is amended by 

revising paragraphs (a), (b), (c), and (d) 

to read as follows: 

§ 600.117 Interim provisions. 

* * * * * 

(a) Except as specified in paragraph 

(e) of this section, manufacturers must 

demonstrate compliance with 

greenhouse gas emission standards and 

determine fuel economy values using E0 

gasoline test fuel as specified in 40 CFR 

86.113–04(a)(1), regardless of any 

testing with Tier 3 test fuel under 

paragraph (b) of this section. 

(b) Manufacturers may demonstrate 

that vehicles comply with Tier 3 

emission standards as specified in 40 

CFR part 86, subpart S, during fuel 

economy measurements using the E0 

gasoline test fuel specified in 40 CFR 

86.113–04(a)(1), as long as this test fuel 

is used in fuel economy testing for all 

applicable duty cycles specified in 40 

CFR part 86, subpart S. If a vehicle fails 

to meet a Tier 3 emission standard using 

the E0 gasoline test fuel specified in 40 

CFR 86.113–04(a)(1), the manufacturer 

must retest the vehicle using the Tier 3 

test fuel specified in 40 CFR 1065.710(b) 

(or the equivalent LEV III test fuel for 

California) to demonstrate compliance 

with all applicable emission standards 

over that test cycle. 

(c) If a manufacturer demonstrates 

compliance with emission standards for 

criteria pollutants over all five test 

cycles using the Tier 3 test fuel 

specified in 40 CFR 1065.710(b) (or the 

equivalent LEV III test fuel for 

California), the manufacturer may use 

test data with the same test fuel to 

determine whether a test group meets 

the criteria described in § 600.115 for 

derived 5-cycle testing for fuel economy 

labeling. Such vehicles may be tested 

over the FTP and HFET cycles with the 

E0 gasoline test fuel specified in 40 CFR 

86.113–04(a)(1) under this paragraph 

(c); the vehicles must meet the Tier 3 

emission standards over those test 

cycles as described in paragraph (b) of 

this section. 

(d) Manufacturers may perform 

testing with the appropriate gasoline 

test fuels specified in 40 CFR 86.113– 

04(a)(1), 40 CFR 86.213(a)(2), and in 40 

CFR 1065.710(b) to evaluate whether 

their vehicles meet the criteria for 

derived 5-cycle testing under 40 CFR 

600.115. All five tests must use test fuel 

with the same nominal ethanol 

concentration. 

* * * * * 

PART 1037—CONTROL OF EMISSIONS 

FROM NEW HEAVY-DUTY MOTOR 

VEHICLES 

■ 76. The authority citation for part 

1037 continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

Subpart B—Emission Standards and 

Related Requirements 

■ 77. Section 1037.103 is amended by 

revising paragraphs (b)(6) and (f) to read 

as follows: 

§ 1037.103 Evaporative and refueling 

emission standards. 

* * * * * 

(b) * * * 

(6) Vehicles not yet subject to the Tier 

3 standards in 40 CFR 86.1813 must 

meet evaporative emission standards as 

specified in §§ 86.008–10(b)(1) and (2) 

for Otto-cycle applications and 86.007– 

11(b)(3)(ii) and (b)(4)(ii) for diesel-cycle 

applications. 

* * * * * 

(f) Useful life. Your vehicles must 

meet the evaporative emission standards 

of this section throughout their useful 

life, expressed in service miles or 

calendar years, whichever comes first. 

The useful life values for the standards 

of this section are described in 40 CFR 

86.1805. 

* * * * * 

■ 78. Section 1037.104 is amended by 

revising paragraph (e) to read as follows: 

§ 1037.104 Exhaust emission standards 

for CO2, CH4, and N2O for heavy-duty 

vehicles at or below 14,000 pounds GVWR. 

* * * * * 

(e) Useful life. Your vehicles must 

meet the exhaust emission standards of 

this section throughout their full useful 

life, expressed in service miles or 

calendar years, whichever comes first. 

The useful life values for the standards 

of this section are those that apply to 

model year 2014 vehicles for criteria 

pollutants under 40 CFR part 86.1805– 

12. 

* * * * * 

■ 79. Section 1037.135 is amended by 

revising paragraph (c)(9) to read as 

follows: 

§ 1037.135 Labeling. 

* * * * * 

(c) * * * 

(9) If you rely on another company to 

design and install fuel tanks in 

incomplete vehicles that use an 

evaporative canister for controlling 

diurnal emissions, include the following 

statement: ‘‘THIS VEHICLE IS 

DESIGNED TO COMPLY WITH 

EVAPORATIVE EMISSION 

STANDARDS WITH UP TO x 

GALLONS OF FUEL TANK 

CAPACITY.’’ Complete this statement 

by identifying the maximum specified 

fuel tank capacity associated with your 

certification. 

* * * * * 

PART 1043—CONTROL OF NOX, SOX, 

AND PM EMISSIONS FROM MARINE 

ENGINES AND VESSELS SUBJECT TO 

THE MARPOL PROTOCOL 

■ 80. The authority citation for part 

1043 is revised to read as follows: 


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Authority: 33 U.S.C. 1901–1912. 

§ 1043.5 [Amended] 

■ 81. Section 1043.5 is amended by 

removing and reserving paragraph (b). 

■ 82. Section 1043.10 is amended by 

revising paragraphs (a)(2) introductory 

text, (a)(2)(iii), and (b)(2) to read as 

follows: 

§ 1043.10 Applicability. 

(a) * * * 

(2) Vessels that operate only 

domestically and conform to the 

requirements of this paragraph (a)(2) are 

excluded from Regulation 13 of Annex 

VI and the NOX-related requirements of 

this part (including the requirement to 

obtain an EIAPP certificate and to keep 

a Technical File and an Engine Book of 

Record Parameters). For the purpose of 

this exclusion, the phrase ‘‘operate only 

domestically’’ means the vessels do not 

enter waters subject to the jurisdiction 

or control of any foreign country, except 

for Canadian portions of the Great 

Lakes. (See §§ 1043.60 and 1043.70 for 

provisions related to fuel use by such 

vessels). To be excluded, the vessel 

must conform to each of the following 

provisions: 

* * * * * 

(iii) Any engine installed in the vessel 

that is not covered by an EIAPP 

certificate must be labeled as specified 

in 40 CFR 1042.135 with respect to 

whether it meets the requirements of 

Regulation 13 of Annex VI. 

(b) * * * 

(2) For non-public vessels flagged by 

a country that is not a party to Annex 

VI, the requirements of this part apply 

in the same manner as apply for Party 

vessels, except as otherwise provided in 

this part. For example, see 

§ 1043.30(c)(4) for provisions related to 

showing compliance with this 

requirement without an EIAPP 

certificate. See § 1043.60 for specific 

operating requirements. 

* * * * * 

■ 83. Section 1043.20 is amended by 

revising the definitions for ‘‘2008 Annex 

VI’’, ‘‘Emission control area (ECA)’’, and 

‘‘Public vessels’’ to read as follows: 

§ 1043.20 Definitions. 

* * * * * 

2008 Annex VI means Annex VI to the 

MARPOL Protocol, including the 

amendments from Annex 12, adopted 

through April 2014 (incorporated by 

reference in § 1043.100). This version of 

Annex VI does not include any 

amendments that may be adopted in the 

future. This 2008 version applies for 

certain provisions of this part such as 

those applicable for internal waters and 

for non-Party vessels. 

* * * * * 

Emission control area (ECA) means an 

area designated pursuant to Annex VI as 

an Emission Control Area that is in 

force. 

* * * * * 

Public vessels means warships, naval 

auxiliary vessels, and other vessels 

owned or operated by a sovereign 

country when engaged in 

noncommercial service. Vessels with a 

national security exemption under 40 

CFR 80.606 or 1042.635 are deemed to 

be public vessels. 

* * * * * 

■ 84. Section 1043.40 is amended by 

redesignating paragraphs (d) through (f) 

as paragraphs (e) through (g), adding a 

new paragraph (d), and revising the 

newly redesignated paragraph (g) to 

read as follows: 

§ 1043.40 EIAPP certificates. 

* * * * * 

(d) EPA may issue both an EPA 

certificate and an EIAPP certificate for 

the same engine, as long as the 

manufacturer and the engine meet all 

applicable requirements. EPA may not 

issue an EIAPP certificate if the engine 

is certified with an FEL under 40 CFR 

part 1042 that is higher than the 

applicable NOX emission standard 

under Annex VI. 

* * * * * 

(g) This paragraph (g) applies for 

engines that were originally excluded 

from this part because they were 

intended for domestic use and were 

introduced into U.S. commerce without 

an EIAPP certificate. Note that such 

engines must be labeled as specified 

under 40 CFR 1042.135 to indicate that 

they are intended for domestic use. 

Such engines may be installed on 

vessels not intended only for domestic 

operation provided the engine 

manufacturer, vessel manufacturer, or 

vessel owner obtains an EIAPP 

certificate. Similarly, vessels originally 

intended only for domestic operation 

may be used internationally provided 

the engine manufacturer, vessel 

manufacturer, or vessel owner obtains 

an EIAPP certificate. The limitations for 

engine manufacturers described in 

paragraphs (a) and (d) of this section 

also apply for all EIAPP certificates 

issued under this paragraph (g). In 

either case, the Technical File must 

specify that the engine was originally 

certified for domestic use only, prior to 

being covered by an EIAPP certificate. 

Engine manufacturers may provide a 

supplemental label to clarify that the 

engine is no longer limited to domestic 

service. An engine manufacturer, vessel 

manufacturer, or vessel owner may also 

ask to apply the provisions of this 

paragraph (g) to engines originally 

certified for public vessels. 

■ 85. Section 1043.60 is amended by 

revising paragraphs (a) and (b) to read 

as follows: 

§ 1043.60 Operating requirements for 

engines and vessels subject to this part. 

* * * * * 

(a) Except as specified otherwise in 

this part, NOX emission limits apply to 

all vessels subject to this part as 

specified in the following table: 

TABLE 1 TO § 1043.60 ANNEX VI NOX EMISSION STANDARDS (g/kW-hr) 

Tier Area of applicability Implementation date a

Maximum in-use engine speed 

Less than 130 

RPM 

130–2000 

RPM b

Over 2000 

RPM 

Tier I ............ All U.S. navigable waters and EEZ ........ January 1, 2004–December 31, 

2010.

17.0 45.0 · n (¥0.20) 9.8 

Tier II ........... All U.S. navigable waters and EEZ ........ January 1, 2011–December 31, 

2015.

14.4 44.0 · n (¥0.23) 7.7 

Tier II ........... All U.S. navigable waters and EEZ, 

exluding ECA and ECA associated 

areas.

January 1, 2016 and later ............ 14.4 44.0 · n (¥0.23) 7.7 

Tier III .......... ECA and ECA associated areas ............. January 1, 2016 and later c .......... 3.4 9.0 · n (¥0.20) 2.0 

aStandards apply for engines installed on vessels with a build date in the specified time frame, or for engines that undergo a major conversion 

in the specified time frame. 


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bApplicable standards are calculated from n (maximum in-use engine speed, in RPM, as specified in § 1042.140). Round the standards to one 

decimal place. c In the case of recreational vessels of less than 500 gross tonnage with length at or above 24 meters, the Tier III standards start to apply January 1, 2021. 

(b) Except as specified otherwise in 

this part, fuel sulfur limits apply to all 

vessels subject to this part as specified 

in the following table: 

TABLE 2 TO § 1043.60 ANNEX VI FUEL SULFUR LIMITS (wt %) a

Calendar years 

Sulfur limit in all 

U.S. navigable 

waters and EEZ 

(percent) 

Sulfur limit in ECA 

and ECA associated areas 

(percent) 

2010–2011 ................................................................................................................................................... 4.50 1.00 

2012–2014 ................................................................................................................................................... 3.50 1.00 

2015–2019 ................................................................................................................................................... 3.50 0.10 

2020 and later .............................................................................................................................................. 0.50 0.10 

a Note that Regulation 3 and Regulation 4 of Annex VI allow for the use of noncompliant fuel in certain circumstances. 

* * * * * 

■ 86. Section 1043.70 is amended by 

revising paragraph (a) to read as follows: 

§ 1043.70 General recordkeeping and 

reporting requirements. 

(a) Under APPS, owners and operators 

of Party vessels must keep records 

related to NOX standards and in-use fuel 

specifications such as the Technical 

File, the Engine Book of Record 

Parameters, and bunker delivery notes. 

Owners and operators of non-Party 

vessels must keep these records as 

specified in the NOX Technical Code 

and Regulations 13, 14, and 18 of 2008 

Annex VI (incorporated by reference in 

§ 1043.100). We may inspect these 

records as allowed by APPS. As part of 

our inspection, we may require that the 

owner submit copies of these records to 

us. 

* * * * * 

■ 87. Section 1043.80 is amended by 

revising paragraph (b)(9) to read as 

follows: 

§ 1043.80 Recordkeeping and reporting 

requirements for fuel suppliers. 

* * * * * 

(b) * * * 

(9) A signed statement by an 

authorized representative of the fuel 

supplier certifying that the fuel supplied 

conforms to Regulations 14 and 18 of 

Annex VI consistent with its 

designation, intended use, and the date 

on which it is to be used. For example, 

with respect to conformity to Regulation 

14 of Annex VI, a fuel designated and 

intended for use in an ECA any time on 

or after January 1, 2015 may not have a 

sulfur content above 0.10 weight 

percent. This statement is not required 

if the vessel is not subject to fuel 

standards of Regulation 14 of Annex VI. 

The statement described in this 

paragraph (b)(9) is deemed to be a 

submission to EPA. 

* * * * * 

■ 88. Section 1043.95 is amended by 

revising the section heading, the 

introductory text, and paragraph 

(b)(1)(ii) to read as follows: 

§ 1043.95 Great Lakes provisions. 

The provisions of this section apply 

for vessels operating exclusively in the 

Great Lakes. 

* * * * * 

(b) * * * 

(1) * * * 

(ii) We may approve the use of an 

engine meeting less stringent standards 

if the owner can demonstrate that it took 

possession of the engine before October 

30, 2009, and that engine is a new 

engine that has not been installed in a 

non-marine application. Such an engine 

must at a minimum be certified to the 

Annex VI NOX emission standard 

referenced in § 1043.60 that applies 

based on its build date. 

* * * * * 

■ 89. Add § 1043.97 to read as follows: 

§ 1043.97 Interim provisions. 

(a) The fuel-related requirements 

under APPS for operation in the North 

American ECA, the United States 

Caribbean Sea ECA, and ECA-associated 

areas do not apply until January 1, 2020 

for steamships built on or before August 

1, 2011 if they are powered by 

propulsion boilers that were not 

originally designed for continued 

operation on marine distillate fuel or 

natural gas. 

(b) [Reserved] 

■ 90. Section 1043.100 is amended by 

revising paragraph (a) to read as follows: 

§ 1043.100 Reference materials. 

* * * * * 

(a) IMO material. This paragraph (a) 

lists material from the International 

Maritime Organization that we have 

incorporated by reference. Anyone may 

purchase copies of these materials from 

the International Maritime Organization, 

4 Albert Embankment, London SE1 7SR, 

United Kingdom, or www.imo.org, or 

44-(0)20–7735–7611. 

(1) MARPOL Annex VI, Regulations 

for the Prevention of Air Pollution from 

Ships, Third Edition, 2013, and NOX

Technical Code 2008. 

(i) Revised MARPOL Annex VI, 

Regulations for the Prevention of 

Pollution from Ships, Third Edition, 

2013 (‘‘2008 Annex VI’’); IBR approved 

for § 1043.1 introductory text, 1043.20, 

1043.30(f), 1043.60(c), and 1043.70(a). 

(ii) NOX Technical Code 2008, 

Technical Code on Control of Emission 

of Nitrogen Oxides from Marine Diesel 

Engines, 2013 Edition, (‘‘NOX Technical 

Code’’); IBR approved for §§ 1043.20, 

1043.41(b) and (h), and 1043.70(a). 

(iii) Annex 12, Resolution 

MEPC.251(66) from the Report of the 

Marine Environment Protection 

Committee on its Sixty-Sixth Sesson, 

April 25, 2014. This document describes 

new and revised provisions that are 

considered to be part of Annex VI and 

NOX Technical Code 2008 as referenced 

in paragraphs (a)(1)(i) and (ii) of this 

section. IBR approved for § 1043.1 

introductory text, 1043.20, 1043.30(f), 

1043.41(b) and (h), 1043.60(c), and 

1043.70(a). 

(2) [Reserved] 

* * * * * 

PART 1051—CONTROL OF EMISSIONS 

FROM RECREATIONAL ENGINES AND 

VEHICLES 

■ 91. The authority citation for part 

1051 continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 


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Subpart F—Test Procedures 

■ 92. Section 1051.501 is amended by 

revising paragraph (b) to read as follows: 

§ 1051.501 What procedures must I use to 

test my vehicles or engines? 

* * * * * 

(b) Motorcycles and ATVs. For 

motorcycles and ATVs, use the 

equipment, procedures, and duty cycle 

in 40 CFR part 86, subpart F, to 

determine whether your vehicles meet 

the exhaust emission standards in 

§ 1051.105 or § 1051.107. Measure the 

emissions of all the pollutants we 

regulate in § 1051.105 or § 1051.107. 

Measure CO2, N2O, and CH4 as 

described in § 1051.235. If we allow you 

to certify ATVs based on engine testing, 

use the equipment, procedures, and 

duty cycle described or referenced in 

the section that allows engine testing. 

For motorcycles with engine 

displacement at or below 169 cc and all 

ATVs, use the driving schedule in 

paragraph (b) of appendix I to 40 CFR 

part 86. For all other motorcycles, use 

the driving schedule in paragraph (a) of 

Appendix I to part 86. With respect to 

vehicle-speed governors, test 

motorcycles and ATVs in their 

ungoverned configuration, unless we 

approve in advance testing in a 

governed configuration. We will only 

approve testing in a governed 

configuration if you can show that the 

governor is permanently installed on all 

production vehicles and is unlikely to 

be removed in use. With respect to 

engine-speed governors, test 

motorcycles and ATVs in their governed 

configuration. Run the test engine, with 

all emission-control systems operating, 

long enough to stabilize emission levels; 

you may consider emission levels stable 

without measurement if you accumulate 

12 hours of operation. 

* * * * * 

PART 1054—CONTROL OF EMISSIONS 

FROM NEW, SMALL NONROAD 

SPARK-IGNITION ENGINES AND 

EQUIPMENT 

■ 93. The authority citation for part 

1054 continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

Subpart B—Emission Standards and 

Related Requirements 

■ 94. Section 1054.135 is amended by 

revising paragraph (c)(8) to read as 

follows: 

§ 1054.135 How must I label and identify 

the engines I produce? 

* * * * * 

(c) * * * 

(8) Include one of the following 

statements: 

(i) If you are an integrated equipment 

manufacturer certifying engines with 

respect to exhaust emissions and 

meeting all applicable evaporative 

emission requirements under 40 CFR 

part 1060, state— 

‘‘THIS ENGINE MEETS U.S. EPA 

EXH/EVP REGS FOR [MODEL YEAR].’’ 

(ii) In all other cases, state— 

‘‘THIS ENGINE MEETS U.S. EPA EXH 

REGS FOR [MODEL YEAR].’’ 

* * * * * 

■ 95. Section 1054.145 is amended by 

revising paragraph (n) introductory text 

and removing paragraph (o) to read as 

follows: 

§ 1054.145 Are there interim provisions 

that apply only for a limited time? 

* * * * * 

(n) California test fuel. You may 

perform testing with a fuel meeting the 

requirements for certifying the engine in 

California instead of the fuel specified 

in § 1054.501(b)(2), as follows: 

* * * * * 

Subpart F—Test Procedures 

■ 96. Section 1054.501 is amended by 

revising paragraph (b)(2) to read as 

follows: 

§ 1054.501 How do I run a valid emission 

test? 

* * * * * 

(b) * * * 

(2) Use the appropriate fuels and 

lubricants specified in 40 CFR part 

1065, subpart H, for all the testing we 

require in this part. Except as specified 

in paragraph (d) of this section, use 

gasoline specified for general testing. 

For service accumulation, use the test 

fuel or any commercially available fuel 

that is representative of the fuel that inuse engines will use. Note that 

§ 1054.145(n) allows for testing with 

gasoline test fuels specified by the 

California Air Resources Board for any 

individual engine family. 

* * * * * 

Subpart G—Special Compliance 

Provisions 

■ 97. Section 1054.690 is amended by 

adding the introductory text and 

revising paragraphs (a) through (f) to 

read as follows: 

§ 1054.690 What bond requirements apply 

for certified engines? 

This section generally applies for 

certifying engine manufacturers. It also 

applies to importers that do not certify 

engines as described in paragraph (j) of 

this section. 

(a) Before introducing certified 

engines into U.S. commerce, you must 

post a bond to cover any potential 

compliance or enforcement actions 

under the Clean Air Act with respect to 

engines certified under this part unless 

you demonstrate to us in your 

application for certification that you are 

able to meet any potential complianceor enforcement-related obligations, as 

described in this section. Note that you 

might also need to post bond under this 

section to meet your obligations under 

§ 1054.120(f). 

(b) The bonding requirements apply if 

you do not have long-term assets in the 

United States meeting any of the 

following thresholds: 

(1) A threshold of $3 million applies 

if you have been a certificate holder in 

each of the preceding ten years without 

failing a test conducted by EPA officials 

or having been found by EPA to be 

noncompliant under applicable 

regulations. 

(2) A threshold of $6 million applies 

if you are a secondary engine 

manufacturer. 

(3) A threshold of $10 million applies 

if you do not qualify for the smaller 

bond thresholds in paragraph (b)(1) or 

(2) of this section. 

(c) For the purpose of establishing 

your level of long-term assets under 

paragraph (b) of this section, include the 

values from your most recent balance 

sheet for buildings, land, and fixed 

equipment, but subtract depreciation 

and related long-term liabilities (such as 

a mortgage). If you have sufficient longterm assets to avoid bond payments 

under this section, you must identify 

the location of these assets in your 

application for certification. 

(d) Determine the value of the bond as 

follows: 

(1) Calculate a value based on the perengine bond values shown in Table 1 to 

this section and on the projected U.S.- 

directed production volume from each 

displacement grouping for the model 

year. For example, if you have projected 

U.S.-directed production volumes of 

10,000 engines with 180 cc 

displacement and 10,000 engines with 

400 cc displacement in 2013, the 

calculated bond amount is $750,000. If 

the calculated value is less than 

$500,000, the appropriate bond amount 

is $500,000. If the calculated value 

exceeds the applicable threshold value 

specified in paragraph (b) of this 

section, use the applicable threshold 

value as the appropriate value of the 

bond. These values may be adjusted as 

described in paragraphs (d)(2) through 

(4) of this section. You may generally 

change your projected U.S.-directed 

production volume under § 1054.225 


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during the model year; however, you 

may not decrease your bond based on 

new projected U.S.-directed production 

volumes once you have imported or 

otherwise introduced into U.S. 

commerce your first engine from that 

model year. 

TABLE 1 TO § 1054.690—PER-ENGINE

BOND VALUES

For engines with 

displacement falling in the 

following ranges . . . 

The perengine bond 

value is . . . 

Disp. < 225 cc ...................... $25 

225 ≤ Disp. < 740 cc ............ 50 

740 ≤ Disp. ≤ 1,000 cc ......... 100 

Disp. > 1,000 cc ................... 200 

(2) If your estimated or actual U.S.- 

directed production volume increases 

beyond the level appropriate for your 

current bond payment, you must post 

additional bond to reflect the increased 

volume within 90 days after you change 

your estimate or determine the actual 

production volume. You may not 

decrease your bond in a given year, but 

you may calculate a lower bond value 

in a later year based on the highest 

actual U.S.-directed production volumes 

from the preceding three years. 

(3) If you sell engines without 

aftertreatment components under the 

provisions of § 1054.610, you must 

increase the per-engine bond values for 

the current year by 20 percent. 

(4) The minimum bond value is 

$25,000 instead of $500,000 if you are 

a small-volume engine manufacturer or 

a small-volume equipment 

manufacturer that has been a certificate 

holder in each of the preceding five 

years without failing a test conducted by 

EPA officials or having been found by 

EPA to be noncompliant under 

applicable regulations. 

(e) The threshold identified in 

paragraph (b) of this section and the 

bond values identified in paragraph (d) 

of this section are in 2008 dollars. We 

will adjust these values for 2020 and 

later, and every 10 years after that, by 

considering the current Consumer Price 

Index values published by the Bureau of 

Labor Statistics relative to 2008. We will 

generally round values for thresholds 

and total bond obligations as follows: 

(1) Round calculated values at or 

below $125,000 to the nearest $5,000. 

(2) Round calculated values above 

$125,000 and at or below $2.25 million 

to the nearest $50,000. 

(3) Round calculated values above 

$2.25 million to the nearest $500,000. 

(f) If you are required to post a bond 

under this section, you must get the 

bond from a third-party surety that is 

cited in the U.S. Department of Treasury 

Circular 570, ‘‘Companies Holding 

Certificates of Authority as Acceptable 

Sureties on Federal Bonds and as 

Acceptable Reinsuring Companies’’ 

(http://www.fms.treas.gov/c570/ 

c570.html#certified). You must maintain 

this bond for every year in which you 

sell certified engines. The surety agent 

remains responsible for obligations 

under the bond for two years after the 

bond is cancelled or expires without 

being replaced. 

* * * * * 

PART 1060—CONTROL OF 

EVAPORATIVE EMISSIONS FROM 

NEW AND IN-USE NONROAD AND 

STATIONARY EQUIPMENT 

■ 98. The authority citation for part 

1060 continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

Subpart A—Overview and Applicability 

■ 99. Section 1060.5 is amended by 

revising paragraphs (b)(2), (e), and (f), 

including Tables 1 through 3, to read as 

follows: 

§ 1060.5 Do the requirements of this part 

apply to me? 

* * * * * 

(b) * * * 

(2) Vessel manufacturers are subject to 

all the requirements of this part 1060 

that apply to Marine SI engines and fuel 

systems. However, they must certify to 

the emission standards specified in 

§§ 1060.102 through 1060.105 only if 

one or more of the following conditions 

apply: 

(i) Vessel manufacturers must certify 

fuel system components they install in 

their vessels if the components are not 

certified to meet all applicable 

evaporative emission standards, 

including both permeation and diurnal 

standards. This would include vessel 

manufacturers that make their own fuel 

tanks. Vessel manufacturers would need 

to act as component manufacturers to 

certify under this part 1060. 

(ii) Vessel manufacturers must certify 

their vessels only if they intend to 

generate or use evaporative emission 

credits. Vessel manufacturers would 

certify under part 40 CFR part 1045 

using the emission-credit provisions in 

subpart H of that part to demonstrate 

compliance with the emission standard. 

* * * * * 

(e) Small SI. Certify engines, 

equipment, and fuel-system components 

as follows: 

(1) Component manufacturers must 

certify their fuel lines and fuel tanks 

intended for Small SI engines and 

equipment under this part 1060, except 

as allowed by § 1060.601(f). 

(2) Equipment manufacturers must 

certify fuel system components they 

install in their equipment if the 

components are not certified to meet 

applicable evaporative emission 

standards. Equipment manufacturers 

would need to act as component 

manufacturers to certify fuel-system 

components under this part 1060. 

(3) Engine manufacturers must meet 

all the requirements of this part 1060 

that apply to equipment manufacturers 

for all fuel-system components they 

install on their engines. Engine 

manufacturers that produce Small SI 

engines with complete fuel systems are 

considered the equipment 

manufacturers for those engines under 

this part 1060. 

(4) Equipment manufacturers must 

certify their equipment and are subject 

to all the requirements of this part 1060; 

however, this does not apply for 

equipment using portable nonroad fuel 

tanks. 

(f) Summary of certification 

responsibilities. Tables 1 through 3 of 

this section summarize the certification 

responsibilities for different kinds of 

manufacturers as described in 

paragraphs (b) through (e) of this 

section. The term ‘‘No’’ as used in the 

tables means that a manufacturer is not 

required to obtain a certificate of 

conformity under paragraphs (b) 

through (e) of this section. In situations 

where multiple manufacturers are 

subject to the standards and other 

requirements of this part, such a 

manufacturer must nevertheless certify 

if the manufacturer who is required to 

certify under paragraphs (b) through (e) 

of this section fails to obtain a certificate 

of conformity. 


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TABLE 1 TO § 1060.5—SUMMARY OF ENGINE MANUFACTURER EVAPORATIVE CERTIFICATION RESPONSIBILITIES

Equipment type Is the engine manufacturer required to certify for 

evaporative emission standards? a

Code of Federal 

Regulations Cite for 

Certification 

Marine SI ............................................... No.

Large SI ................................................ Yes ....................................................................................................................... 40 CFR part 1048. 

Recreational vehicles ............................ No.

Small SI ................................................. No, unless engines are sold with complete fuel systems ................................... 40 CFR part 1060. 

aFuel lines and fuel tanks that are attached to or sold with engines must be covered by a certificate of conformity. 

TABLE 2 TO § 1060.5—SUMMARY OF EQUIPMENT MANUFACTURER EVAPORATIVE CERTIFICATION RESPONSIBILITIES

Equipment type Is the equipment manufacturer required to certify for evaporative emission 

standards? 

Code of Federal 

Regulations Cite for 

Certification 

Marine SI ............................................... Yes, but only if vessel manufacturers install uncertified fuel lines or fuel tanks, 

or they intend to generate or use evaporative emission credits.

40 CFR part 1060.a

Large SI ................................................ Allowed but not required ...................................................................................... 40 CFR part 1060. 

Recreational vehicles ............................ Yes, even if vehicle manufacturers install certified components ......................... 40 CFR part 1051. 

Small SI ................................................. Yes, unless the equipment uses portable nonroad fuel tanks ............................ 40 CFR part 1060.a

aSee the exhaust standard-setting part for provisions related to generating or using evaporative emission credits. 

TABLE 3 OF § 1060.5—SUMMARY OF COMPONENT MANUFACTURER CERTIFICATION RESPONSIBILITIES

Equipment type Is the component manufacturer required to certify fuel lines and fuel tanks? 

Code of Federal 

Regulations Cite for 

Certification 

Marine SI ............................................... Yes, including portable marine fuel tanks and associated fuel lines a ................ 40 CFR part 1060. 

Large SI ................................................ Allowed but not required ...................................................................................... 40 CFR part 1060. 

Recreational vehicles ............................ Allowed but not required ...................................................................................... 40 CFR part 1060. 

Small SI ................................................. Yes a ..................................................................................................................... 40 CFR part 1060. 

aSee § 1060.601 for an allowance to make contractual arrangements with engine or equipment manufacturers instead of certifying. 

Subpart F—Test Procedures 

■ 100. Section 1060.515 is amended by 

revising paragraphs (c) and (d) and 

adding paragraph (e) to read as follows: 

§ 1060.515 How do I test EPA Nonroad 

Fuel Lines and EPA Cold-Weather Fuel 

Lines for permeation emissions? 

* * * * * 

(c) Except as specified in paragraph 

(d) of this section, measure fuel line 

permeation emissions using the 

equipment and procedures for weightloss testing specified in SAE J30 or SAE 

J1527 (incorporated by reference in 

§ 1060.810). Start the measurement 

procedure within 8 hours after draining 

and refilling the fuel line. Perform the 

emission test over a sampling period of 

14 days. You may omit up to two daily 

measurements in any seven day period. 

Determine your final emission result 

based on the average of measured values 

over the 14-day period. Maintain an 

ambient temperature of 23±2 °C 

throughout the sampling period. 

(d) For fuel lines with a nominal inner 

diameter below 5.0 mm, you may 

alternatively measure fuel line 

permeation emissions using the 

equipment and procedures for weightloss testing specified in SAE J2996 

(incorporated by reference in 

§ 1060.810). Determine your final 

emission result based on the average of 

measured values over the 14-day 

sampling period. Maintain an ambient 

temperature of 23±2 °C throughout the 

sampling period. 

(e) Use good engineering judgment to 

test short fuel line segments. For 

example, you may need to join 

individual fuel line segments using 

proper connection fittings to achieve 

enough length and surface area for a 

proper measurement. Size the fuel 

reservoir appropriately for the tested 

fuel line. 

■ 101. Section 1060.520 is amended by 

revising paragraphs (a)(1), (c)(1), and 

(d)(9) to read as follows: 

§ 1060.520 How do I test fuel tanks for 

permeation emissions? 

* * * * * 

(a) * * * 

(1) Pressure cycling. Perform a 

pressure test by sealing the tank and 

cycling it between +13.8 and ¥3.4 kPa 

(+2.0 and ¥0.5 psig) for 10,000 cycles 

at a rate of 60 seconds per cycle. The 

purpose of this test is to represent 

environmental wall stresses caused by 

pressure changes and other factors (such 

as vibration or thermal expansion). If 

your tank cannot be tested using the 

pressure cycles specified by this 

paragraph (a)(1), you may ask to use 

special test procedures under 

§ 1060.505. 

* * * * * 

(c) * * * 

(1) Obtain a second tank whose total 

volume is within 5 percent of the test 

tank’s volume. You may not use a tank 

that has previously contained fuel or 

any other contents that might affect its 

mass stability. 

* * * * * 

(d) * * * 

(9) Record the difference in mass 

between the reference tank and the test 

tank for each measurement. This value 

is Mi, where i is a counter representing 

the number of days elapsed. Subtract Mi

from Mo and divide the difference by 

the internal surface area of the fuel tank. 

Divide this g/m2 value by the number of 

test days (using at least two decimal 

places) to calculate the emission rate in 

g/m2/day. Example: If a tank with an 

internal surface area of 0.720 m2

weighed 1.31 grams less than the 

reference tank at the beginning of the 

test and weighed 9.86 grams less than 


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the reference tank after soaking for 10.03 

days, the emission rate would be— 

((¥1.31 g)¥(¥9.86 g))/0.720 m2/10.03 

days = 1.1839 g/m2/day 

* * * * * 

■ 102. Section 1060.525 is revised to 

read as follows: 

§ 1060.525 How do I test fuel systems for 

diurnal emissions? 

Use the procedures of this section to 

determine whether your fuel tanks meet 

diurnal emission standards as specified 

in § 1060.105. 

(a) Use the following procedure to 

measure diurnal emissions: 

(1) Diurnal measurements are based 

on representative temperature cycles, as 

follows: 

(i) Diurnal fuel temperatures for 

marine fuel tanks that will be installed 

in nontrailerable boats must undergo 

repeat temperature swings of 2.6 °C 

between nominal values of 27.6 and 

30.2 °C. 

(ii) Diurnal fuel temperatures for other 

installed marine fuel tanks must 

undergo repeat temperature swings of 

6.6 °C between nominal values of 25.6 

and 32.2 °C. 

(iii) For fuel tanks installed in 

equipment other than marine vessels, 

the following table specifies a profile of 

ambient temperatures: 

TABLE 1 TO § 1060.525—DIURNAL

TEMPERATURE PROFILES FOR NONMARINE FUEL TANKS

Time 

(hours) 

Ambient 

temperature 

profile 

(°C) 

0 ............................................ 22.2 

1 ............................................ 22.5 

2 ............................................ 24.2 

3 ............................................ 26.8 

4 ............................................ 29.6 

5 ............................................ 31.9 

6 ............................................ 33.9 

7 ............................................ 35.1 

8 ............................................ 35.4 

9 ............................................ 35.6 

10 .......................................... 35.3 

11 .......................................... 34.5 

12 .......................................... 33.2 

13 .......................................... 31.4 

14 .......................................... 29.7 

15 .......................................... 28.2 

16 .......................................... 27.2 

17 .......................................... 26.1 

18 .......................................... 25.1 

19 .......................................... 24.3 

20 .......................................... 23.7 

21 .......................................... 23.3 

22 .......................................... 22.9 

23 .......................................... 22.6 

24 .......................................... 22.2 

(2) Fill the fuel tank to 40 percent of 

nominal capacity with the gasoline 

specified in 40 CFR 1065.710 for general 

testing. 

(3) Install a vapor line from any vent 

ports that would not be sealed in the 

final in-use configuration. Use a length 

of vapor line representing the largest 

inside diameter and shortest length that 

would be expected with the range of inuse installations for the emission family. 

(4) If the fuel tank is equipped with 

a carbon canister, load the canister with 

butane or gasoline vapors to its canister 

working capacity as specified in 

§ 1060.240(e)(2)(i) and attach it to the 

fuel tank in a way that represents a 

typical in-use configuration. Purge the 

canister as follows to prepare for 

emission measurement: 

(i) For marine fuel tanks, perform a 

single heating and cooling cycle as 

specified in paragraph (a)(7) of this 

section without measuring emissions. 

(ii) For nonmarine fuel tanks, 

establish a characteristic purge volume 

by running an engine with the fuel tank 

installed to represent an in-use 

configuration. Measure the volume of 

air flowing through the canister while 

the engine operates for 30 minutes over 

repeat cycles of the appropriate duty 

cycle used for certifying the engine for 

exhaust emissions. Set up the loaded 

canister for testing by purging it with 

the characteristic purge volume from the 

engine simulation run. 

(5) Stabilize the fuel tank to be within 

2.0 °C of the nominal starting 

temperature specified in paragraph 

(a)(1) of this section. In the case of 

marine fuel tanks, install a 

thermocouple meeting the requirements 

of 40 CFR 86.107–96(e) in the 

approximate mid-volume of fuel and 

record the temperature at the end of the 

stabilization period to the nearest 0.1 °C. 

For sealed fuel systems, replace the fuel 

cap once the fuel reaches equilibrium at 

the appropriate starting temperature. 

(6) Prepare the tank for mass 

measurement using one of the following 

procedures: 

(i) Place the stabilized fuel tank in a 

SHED meeting the specifications of 40 

CFR 86.107–96(a)(1) that is equipped 

with a FID analyzer meeting the 

specifications of 40 CFR 1065.260. Take 

the following steps in sequence: 

(A) Purge the SHED. 

(B) Close and seal the SHED. 

(C) Zero and span the FID analyzer. 

(D) Within ten minutes of sealing the 

SHED, measure the initial hydrocarbon 

concentration. This is the start of the 

sampling period. 

(ii) If your testing configuration 

involves mass emissions at the standard 

of 2.0 grams or more, you may 

alternatively place the stabilized fuel 

tank in any temperature-controlled 

environment and establish mass 

emissions as a weight loss relative to a 

reference fuel tank using the procedure 

specified in § 1060.520(d) instead of 

calculating it from changing 

hydrocarbon concentrations in the 

SHED. 

(7) Control temperatures as follows: 

(i) For marine fuel tanks, supply heat 

to the fuel tank for continuously 

increasing temperatures such that the 

fuel reaches the maximum temperature 

in 8 hours. Set the target temperature by 

adding the temperature swing specified 

in paragraph (a)(1) of this section to the 

recorded starting temperature. Hold the 

tank for approximately 60 minutes at a 

temperature no less than 0.1 °C below 

the target temperature. For example, if 

the recorded starting fuel temperature 

for a fuel tank that will be installed in 

a nontrailerable vessel is 27.1 °C, the 

target temperature is 29.7 °C and the 

fuel must be stabilized for 60 minutes 

with fuel temperatures not falling below 

29.6 °C. For EPA testing, fuel 

temperatures may not go 1.0 °C above 

the target temperature at any point 

during the heating or stabilization 

sequence. Measure the hydrocarbon 

concentration in the SHED at the end of 

the high-temperature stabilization 

period. Calculate the diurnal emissions 

for this heating period based on the 

change in hydrocarbon concentration 

over this sampling period. Allow the 

fuel temperature to cool sufficiently to 

stabilize again at the starting 

temperature without emission sampling. 

Repeat the heating and measurement 

sequence for three consecutive days, 

starting each heating cycle no more than 

26 hours after the previous start. 

(ii) For nonmarine fuel tanks, follow 

the air temperature trace from paragraph 

(a)(1)(iii) of this section for three 

consecutive 24-hour periods. Measured 

temperatures must follow the profile 

with a maximum deviation of 1.7 °C for 

any hourly measurement and an average 

temperature deviation not to exceed 1.0 

°C, where the average deviation is 

calculated using the absolute value of 

each measured deviation. Start 

measuring emissions when you start the 

temperature profile. The end of the first, 

second, and third emission sampling 

periods must occur 1440±6, 2880±6, and 

4320±6 minutes, respectively, after 

starting the measurement procedure. 

(8) Use the highest of the three 

emission levels to determine whether 

your fuel tank meets the diurnal 

emission standard. 

(9) For emission control technologies 

that rely on a sealed fuel system, you 

may omit the preconditioning steps in 

paragraph (a)(4) of this section and the 

last two 24-hour periods of emission 


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measurements in paragraph (a)(7) of this 

section. For purposes of this paragraph 

(a), sealed fuel systems include those 

that rely on pressure-relief valves, 

limiting flow orifices, bladder fuel 

tanks, and volume-compensating air 

bags. 

(b) You may subtract your fuel tank’s 

permeation emissions from the 

measured diurnal emissions if the fuel 

tank is preconditioned with diurnal test 

fuel as described in § 1060.520(b) or if 

you use good engineering judgment to 

otherwise establish that the fuel tank 

has stabilized permeation emissions. 

Measure permeation emissions for 

subtraction as specified in § 1060.520(c) 

and (d) before measuring diurnal 

emissions, except that the permeation 

measurement must be done with diurnal 

test fuel at 28±2 °C. Use appropriate 

units and corrections to subtract the 

permeation emissions from the fuel tank 

during the diurnal emission test. You 

may not subtract a greater mass of 

emissions under this paragraph (b) than 

the fuel tank would emit based on 

meeting the applicable emission 

standard for permeation. 

■ 103. Section 1060.810 is revised to 

read as follows: 

§ 1060.810 What materials does this part 

reference? 

(a) Materials incorporated by 

reference. Certain material is 

incorporated by reference into this part 

with the approval of the Director of the 

Federal Register under 5 U.S.C. 552(a) 

and 1 CFR part 51. To enforce any 

edition other than that specified in this 

section, a document must be published 

in the Federal Register and the material 

must be available to the public. All 

approved material is available for 

inspection at U.S. EPA, Air and 

Radiation Docket and Information 

Center, 1301 Constitution Ave. NW., 

Room B102, EPA West Building, 

Washington, DC 20460, (202) 202–1744, 

and is available from the sources listed 

below. It is also available for inspection 

at the National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

(b) ASTM International material. The 

following standards are available from 

ASTM International, 100 Barr Harbor 

Drive, P.O. Box C700, West 

Conshohocken, PA, 19428–2959, (610) 

832–9585, or http://www.astm.org/: 

(1) ASTM D471–06, Standard Test 

Method for Rubber Property—Effect of 

Liquids, approved October 1, 2006 

(‘‘ASTM D471’’), IBR approved for 

§ 1060.515(a). 

(2) ASTM D2862–97 (Reapproved 

2004), Standard Test Method for Particle 

Size Distribution of Granular Activated 

Carbon, approved April 1, 2004 (‘‘ASTM 

D2862’’), IBR approved for 

§ 1060.240(e). 

(3) ASTM D3802–79 (Reapproved 

2005), Standard Test Method for BallPan Hardness of Activated Carbon, 

approved October 1, 2005 (‘‘ASTM 

D3802’’), IBR approved for 

§ 1060.240(e). 

(4) ASTM D4806–07, Standard 

Specification for Denatured Fuel 

Ethanol for Blending with Gasolines for 

Use as Automotive Spark-Ignition 

Engine Fuel, approved July 15, 2007 

(‘‘ASTM D4806’’), IBR approved for 

§ 1060.501(c). 

(5) ASTM D5228–92 (Reapproved 

2005), Standard Test Method for 

Determination of Butane Working 

Capacity of Activated Carbon, approved 

October 1, 2005 (‘‘ASTM D5228’’), IBR 

approved for § 1060.801. 

(c) SAE International material. The 

following standards are available from 

SAE International, 400 Commonwealth 

Dr., Warrendale, PA 15096–0001, (877) 

606–7323 (U.S. and Canada) or (724) 

776–4970 (outside the U.S. and Canada), 

or http://www.sae.org: 

(1) SAE J30, Fuel and Oil Hoses, 

Revised June 1998, IBR approved for 

§ 1060.515(c). 

(2) SAE J1527, Marine Fuel Hoses, 

Revised February 1993, IBR approved 

for § 1060.515(c). 

(3) SAE J2260, Nonmetallic Fuel 

System Tubing with One or More 

Layers, Revised November 2004, IBR 

approved for § 1060.510. 

(4) SAE J2659, Test Method to 

Measure Fluid Permeation of Polymeric 

Materials by Speciation, Issued 

December 2003, IBR approved for 

§ 1060.801. 

(5) SAE J2996, Surface Vehicle 

Recommended Practice, Small Diameter 

Fuel Line Permeation Test Procedure, 

Issued January 2013, IBR approved for 

§ 1060.515(d). 

(d) California Air Resources Board. 

The following documents are available 

from the California Air Resources Board, 

1001 I Street, Sacramento, CA, 95812, 

(916) 322–2884, or http:// 

www.arb.ca.gov: 

(1) Final Regulation Order, Article 1, 

Chapter 15, Division 3, Title 13, 

California Code of Regulations, July 26, 

2004, IBR approved for § 1060.105(e), 

and 1060.240(e). 

(2) [Reserved] 

(e) American Boat and Yacht Council 

Material. The following documents are 

available from the American Boat and 

Yacht Council, 613 Third Street, Suite 

10, Annapolis, MD 21403 or (410) 990– 

4460 or http://www.abycinc.org/: 

(1) ABYC H–25, Portable Marine 

Gasoline Fuel Systems, July 2010, IBR 

approved for § 1060.105(f). 

(2) [Reserved] 

PART 1065—ENGINE-TESTING 

PROCEDURES 

■ 104. The authority citation for part 

1065 continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

Subpart A—Applicability and General 

Provisions 

■ 105. Section 1065.10 is amended by 

revising paragraph (c)(6) to read as 

follows: 

§ 1065.10 Other procedures. 

* * * * * 

(c) * * * 

(6) During the 12 months following 

the effective date of any change in the 

provisions of this part 1065 (and 40 CFR 

part 1066 for vehicle testing), you may 

use data collected using procedures 

specified in the previously applicable 

version of this part 1065 (and 40 CFR 

part 1066 for vehicle testing). This also 

applies for changes to test procedures 

specified in the standard-setting part to 

the extent that these changes do not 

correspond to new emission standards. 

This paragraph (c)(6) does not restrict 

the use of carryover certification data 

otherwise allowed by the standardsetting part. 

* * * * * 

Subpart E—Engine Selection, 

Preparation, and Maintenance 

§ 1065.410 [Amended] 

■ 106. Section 1065.410 is amended by 

removing paragraph (e). 

Subpart G—Calculations and Data 

Requirements 

■ 107. Section 1065.610 is amended by 

republishing paragraph (a)(1)(vi), adding 

paragraph (a)(1)(vii), and removing 

paragraph (a)(1)(viii) to read as follows: 

§ 1065.610 Duty cycle generation. 

* * * * * 

(a) * * * 

(1) * * * 

(vi) Determine the lowest and highest 

engine speeds corresponding to the 

value calculated in paragraph (a)(1)(v) of 

this section, using linear interpolation 

as appropriate. Calculate fntest as the 

average of these two speed values. 

(vii) The following example illustrates 

a calculation of fntest: 


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Pmax = 230.0 

(fn1 = 2360, P1 = 222.5, fnnorm1 = 1.002, Pnorm1

= 0.9675) 

(fn2 = 2364, P2 = 226.8, fnnorm2 = 1.004, Pnorm2

= 0.9859) 

(fn3 = 2369, P3 = 228.6, fnnorm3 = 1.006, Pnorm3

= 0.9940) 

(fn4 = 2374, P4 = 218.7, fnnorm4 = 1.008, Pnorm4

= 0.9508) 

Sum of squares = (1.0022 + 0.96752) = 1.94 

Sum of squares = (1.0042 + 0.98592) = 1.98 

Sum of squares = (1.0062 + 0.99402) = 2.00 

Sum of squares = (1.0082 + 0.95082) = 1.92 

* * * * * 

■ 108. Section 1065.650 is amended by 

revising paragraph (c)(1)(i) to read as 

follows: 

§ 1065.650 Emission calculations. 

* * * * * 

(c) * * * 

(1) * * * 

(i) Correct all gaseous emission 

analyzer concentration readings, 

including continuous readings, sample 

bag readings, and dilution air 

background readings, for drift as 

described in § 1065.672. Note that you 

must omit this step where brake-specific 

emissions are calculated without the 

drift correction for performing the drift 

validation according to § 1065.550(b). 

When applying the initial THC and CH4

contamination readings according to 

§ 1065.520(f), use the same values for 

both sets of calculations. You may also 

use as-measured values in the initial set 

of calculations and corrected values in 

the drift-corrected set of calculations as 

described in § 1065.520(f)(7). 

* * * * * 

Subpart H—Engine Fluids, Test Fuels, 

Analytical Gases and Other Calibration 

Standards 

■ 109. Section 1065.710 is amended by 

revising paragraph (c), including Table 

2 to read as follows: 

§ 1065.710 Gasoline. 

* * * * * 

(c) The specifications of this 

paragraph (c) apply for testing with neat 

gasoline. This is sometimes called 

indolene or E0 test fuel. Gasoline for 

testing must have octane values that 

represent commercially available fuels 

for the appropriate application. Test fuel 

specifications apply as follows: 

TABLE 2 OF § 1065.710—TEST FUEL SPECIFICATIONS FOR NEAT (E0) GASOLINE

Property Unit 

Specification 

Reference procedure 1

General testing Low-temperature 

testing 

Distillation Range: 

Evaporated initial boiling point ................ °C ............................... 24–352 ....................... 24–36 ......................... ASTM D86 

10% evaporated ...................................... .................................... 49–57 ......................... 37–48.

50% evaporated ...................................... .................................... 93–110 ....................... 82–101.

90% evaporated ...................................... .................................... 149–163 ..................... 158–174.

Evaporated final boiling point ................. .................................... Maximum, 213 ........... Maximum, 212.

Hydrocarbon composition: 

Olefins ..................................................... volume % ................... Maximum, 10 ............. Maximum, 17.5 .......... ASTM D1319 

Aromatics ................................................ .................................... Maximum, 35 ............. Maximum, 30.4.

Saturates ................................................. .................................... Remainder ................. Remainder.

Lead ............................................................... g/liter .......................... Maximum, 0.013 ........ Maximum, 0.013 ........ ASTM D3237 

Phosphorous .................................................. g/liter .......................... Maximum, 0.0013 ...... Maximum, 0.005 ........ ASTM D3231 

Total sulfur ..................................................... mg/kg ......................... Maximum, 80 ............. Maximum, 80 ............. ASTM D2622 

Dry vapor pressure equivalent 3 ..................... kPa (psi) ..................... 60.0–63.4 2,4 (8.7–9.2) 77.2–81.4 (11.2–11.8) ASTM D5191 

1ASTM procedures are incorporated by reference in § 1065.1010. See § 1065.701(d) for other allowed procedures. 

2For testing at altitudes above 1219 m, the specified initial boiling point range is (23.9 to 40.6) °C and the specified volatility range is (52.0 to 

55.2) kPa ((7.5 to 8.0) psi). 3 Calculate dry vapor pressure equivalent, DVPE, based on the measured total vapor pressure, pT, in kPa using the following equation: DVPE 

(kPa) = 0.956 · pT¥2.39 or DVPE (psi) = 0.956 · pT¥0.347. DVPE is intended to be equivalent to Reid Vapor Pressure using a different test 

method. 


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4For testing unrelated to evaporative emissions, the specified range is (55.2 to 63.4) kPa ((8.0 to 9.2) psi). 

* * * * * 

PART 1066—VEHICLE–TESTING 

PROCEDURES 

■ 110. The authority citation for part 

1066 continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

Subpart A—Applicability and General 

Provisions 

■ 111. Section 1066.10 is amended by 

revising paragraph (c) to read as follows: 

§ 1066.10 Other procedures. 

* * * * * 

(c) Exceptions. You may use 

procedures other than those specified in 

this part as described in 40 CFR 

1065.10(c). All the test procedures noted 

as exceptions to the specified 

procedures are considered generically as 

‘‘other procedures.’’ Note that the terms 

‘‘special procedures’’ and ‘‘alternate 

procedures’’ have specific meanings; 

‘‘special procedures’’ are those allowed 

by 40 CFR 1065.10(c)(2) and ‘‘alternate 

procedures’’ are those allowed by 40 

CFR 1065.10(c)(7). If we require you to 

request approval to use other 

procedures under this paragraph (c), 

you may not use them until we approve 

your request. 

Subpart B—Equipment, Measurement 

Instruments, Fuel, and Analytical Gas 

Specifications 

■ 112. Section 1066.125 is amended by 

revising paragraph (a)(1) to read as 

follows: 

§ 1066.125 Data updating, recording, and 

control. 

* * * * * 

(a) * * * 

(1) This paragraph (a)(1) applies 

where we specify a minimum command 

and control frequency that is greater 

than the minimum recording frequency, 

such as for sample flow rates from a 

CVS that does not have a heat 

exchanger. For these measurements, the 

rate at which you read and interpret the 

signal must be at least as frequent as the 

minimum command and control 

frequency. You may record values at the 

same frequency, or you may record 

them as mean values, as long as the 

frequency of the mean values meets the 

minimum recording frequency. You 

must use all read values, either by 

recording them or using them to 

calculate mean values. For example, if 

your system reads and controls the 

sample flow rate at 10 Hz, you may 

record these values at 10 Hz, record 

them at 5 Hz by averaging pairs of 

consecutive points together, or record 

them at 1 Hz by averaging ten 

consecutive points together. 

* * * * * 

Subpart C—Dynamometer 

Specifications 

■ 113. Section 1066.235 is amended by 

revising paragraph (c)(1)(i) to read as 

follows: 

§ 1066.235 Speed verification procedure. 

* * * * * 

(c) * * * 

(1) * * * 

(i) Set the dynamometer to speedcontrol mode. Set the dynamometer 

speed to a value of approximately 4.5 

m/s (10 mph); record the output of the 

frequency counter after 10 seconds. 

Determine the roll speed, vact, using the 

following equation: 

Where: 

f = frequency of the dynamometer speed 

sensing device, accurate to at least four 

significant figures. 

droll = nominal roll diameter, accurate to the 

nearest 1.0 mm, consistent with 

§ 1066.225(d). 

n = the number of pulses per revolution from 

the dynamometer roll speed sensor. 

Example: 

f = 2.9231 Hz = 2.9231 s¥1

droll = 904.40 mm = 0.90440 m 

n = 1 pulse/rev 

vact = 8.3053 m/s 

* * * * * 

■ 114. Section 1066.255 is amended by 

revising paragraph (d) to read as 

follows: 

§ 1066.255 Parasitic loss verification. 

* * * * * 

(d) Performance evaluation. Some 

dynamometers automatically update the 

parasitic loss curve for further testing. If 

this is not the case, compare the new 

parasitic loss curve to the original 

parasitic loss curve from the 

dynamometer manufacturer or the most 

recent parasitic loss curve you 

programmed into the dynamometer. 

You may reprogram the dynamometer to 

accept the new curve in all cases, and 

you must reprogram the dynamometer if 

any point on the new curve departs 

from the earlier curve by more than ±9.0 

N (±2.0 lbf) for dynamometers capable 

of testing vehicles at or below 20,000 

pounds GVWR, or ±36.0 N (±8.0 lbf) for 

dynamometers not capable of testing 

vehicles at or below 20,000 pounds 

GVWR. 

■ 115. Section 1066.270 is amended by 

revising paragraph (c)(4) to read as 

follows: 

§ 1066. 270 Unloaded coastdown 

verification. 

* * * * * 

(c) * * * 

(4) Determine the average coastdown 

force, F, for each speed and inertia 

setting for each of the coastdowns 

performed using the following equation: 

Where: 

F = the average force measured during the 

coastdown for each speed interval and 

inertia setting, expressed in lbf · s2/ft and 

rounded to four significant figures. 

I = the dynamometer’s inertia setting, in lbf 

· s2/ft. 

vinit = the speed at the start of the coastdown 

interval, expressed in ft/s to at least four 

significant figures. 


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vfinal = the speed at the end of the coastdown 

interval, expressed in ft/s to at least four 

significant figures. 

t = coastdown time for each speed interval 

and inertia setting, accurate to at least 

0.01 s. 

Example: 

I = 2000 lbm = 62.16 lbf · s2/ft 

vinit = 25 mph = 36.66 ft/s 

vfinal = 15 mph = 22.0 ft/s 

t = 5.00 s 

F = 182.2 lbf 

* * * * * 

Subpart D—Coastdown 

■ 116. Section 1066.301 is revised to 

read as follows: 

§ 1066.301 Overview of road-load 

determination procedures. 

(a) The procedures described in this 

subpart are used to determine the roadload target coefficients (A, B, and C) for 

the simulated road-load equation in 

§ 1066.210(d)(3). 

(b) The general procedure for 

determining road-load force is 

performing coastdown tests and 

calculating road-load coefficients. This 

procedure is described in SAE J1263 

and SAE J2263 (incorporated by 

reference in § 1066.1010). This subpart 

specifies certain deviations from those 

procedures for certain applications. 

(c) Use good engineering judgment for 

all aspects of road-load determination. 

For example, minimize the effects of 

grade by performing coastdown testing 

on reasonably level surfaces and 

determining coefficients based on 

average values from vehicle operation in 

opposite directions over the course. 

■ 117. Section 1066.305 is revised to 

read as follows: 

§ 1066.305 Procedures for specifying roadload forces for motor vehicles at or below 

14,000 pounds GVWR. 

(a) For motor vehicles at or below 

14,000 pounds GVWR, develop 

representative road-load coefficients to 

characterize each vehicle covered by a 

certificate of conformity. Calculate roadload target coefficients by performing 

coastdown tests using the provisions of 

SAE J2263 (incorporated by reference in 

§ 1066.1010). This protocol establishes a 

procedure for determination of vehicle 

road load force for speeds between 115 

and 15 km/h (71.5 and 9.3 mi/h); the 

final result is a model of road-load force 

(as a function of speed) during operation 

on a dry, level road under reference 

conditions of 20 °C, 98.21 kPa, no wind, 

no precipitation, and the transmission 

in neutral. You may use other methods 

that are equivalent to SAE J2263, such 

as equivalent test procedures or 

analytical modeling, to characterize 

road load using good engineering 

judgment. Determine dynamometer 

settings to simulate the road-load profile 

represented by these road-load target 

coefficients as described in § 1066.315. 

Supply representative road-load forces 

for each vehicle at speeds above 15 km/ 

hr (9.3 mph), and up to 115 km/hr (71.5 

mph), or the highest speed from the 

range of applicable duty cycles. 

(b) For cold temperature testing 

described in subpart H of this part, 

determine road-load target coefficients 

using one of the following methods: 

(1) You may perform coastdown tests 

or use other methods to characterize 

road load as described in paragraph (a) 

of this section based on vehicle 

operation at a nominal ambient 

temperature of ¥7 °C (20 °F). 

(2) You may multiply each of the 

road-load target coefficients determined 

using the procedures described in 

paragraph (a) of this section by 1.1 to 

approximate a 10 percent decrease in 

coastdown time for the test vehicle. 

Subpart E—Preparing Vehicles and 

Running an Exhaust Emission Test 

■ 118. Section 1066.410 is amended by 

revising paragraph (b) introductory text 

to read as follows: 

§ 1066.410 Dynamometer test procedure. 

* * * * * 

(b) Place the vehicle onto the 

dynamometer without starting the 

engine (for any test cycles) or drive the 

vehicle onto the dynamometer (for hotstart and hot-running cycles only) and 

position a fan that directs cooling air to 

the vehicle during dynamometer 

operation as described in this paragraph 

(b). This generally requires squarely 

positioning the fan in front of the 

vehicle and directing the airflow to the 

vehicle’s radiator. Use good engineering 

judgment to design and configure fans 

to cool the test vehicle in a way that 

properly simulates in-use operation, 

consistent with the specifications of 

§ 1066.105. Except for the following 

special cases, use a road-speed 

modulated fan meeting the requirements 

of § 1066.105(c)(2) that is placed within 

90 cm of the front of the vehicle and 

ensure that the engine compartment 

cover (i.e., hood) is closed: 

* * * * * 

■ 119. Section 1066.420 is amended by 

revising paragraph (b) to read as follows: 

§ 1066.420 Test preparation. 

* * * * * 

(b) For vehicles above 14,000 pounds 

GVWR with compression-ignition 

engines, verify the amount of 

nonmethane hydrocarbon 

contamination as described in 40 CFR 

1065.520(f). 

* * * * * 

Subpart F—Electric Vehicles and 

Hybrid Electric Vehicles 

■ 120. Section 1066.501 is amended by 

revising paragraphs (a)(2)(ii) and (iii) to 

read as follows: 

§ 1066.501 Overview. 

* * * * * 

(a) * * * 

(2) * * * 

(ii) We may approve the use of the 

alternate End-of-Test criterion in 

Section 3.9.1 of SAE J1711 for chargedepleting tests and the Net Energy 

Change correction in Appendix C of 

SAE J1711 for charge-sustaining tests if 

the specified criterion and correction 

are insufficient or inappropriate. 

(iii) For charge-sustaining tests 

Appendix C of SAE J1711 may be used 

to correct final fuel economy values, 

CO2 emissions, and carbon-related 

exhaust emissions, but may not be used 

to correct measured values for criteria 

pollutant emissions. 

* * * * * 

Subpart G—Calculations 

■ 121. Section 1066.605 is amended by 

revising paragraphs (c)(5) and (c)(6) to 

read as follows: 

§ 1066.605 Mass-based and molar-based 

exhaust emission calculations. 

* * * * * 

(c) * * * 

(5) Correct all gaseous concentrations 

for dilution air background as described 

in § 1066.610. 

(6) Correct NOX emission values for 

intake-air humidity as described in 

§ 1066.615. 

* * * * * 

■ 122. Section 1066.615 is revised to 

read as follows: 

§ 1066.615 NOX intake-air humidity 

correction. 

You may correct NOX emissions for 

intake-air humidity as described in this 

section if the standard-setting part 

allows it. See § 1066.605(c) for the 

proper sequence for applying the NOX

intake-air humidity correction. 

(a) For vehicles at or below 14,000 

pounds GVWR, apply a correction for 

vehicles with reciprocating engines 

operating over specific test cycles as 

follows: 


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(1) Calculate a humidity correction 

using a time-weighted mean value for 

ambient humidity over the test interval. 

Calculate absolute ambient humidity, H, 

using the following equation: 

Where: 

MH2O = molar mass of H2O. 

pd = saturated vapor pressure at the ambient 

dry bulb temperature. 

RH = relative humidity of ambient air 

Mair = molar mass of air. 

patmos = atmospheric pressure. 

Example: 

MH2O = 18.01528 g/mol 

pd = 2.93 kPa 

RH = 37.5% 

Mair = 28.96559 g/mol 

patmos = 96.71 kPa 

(2) Use the following equation to 

correct measured concentrations to a 

reference condition of 10.71 grams H2O 

vapor per kilogram of dry air for the 

FTP, US06, LA–92, SC03, and HFET test 

cycles: 

Where: 

cNOx = measured NOX emission 

concentration in the sample, after dry-towet and background corrections. 

Hs = humidity scale. Set = 1 for FTP, US06, 

LA–92, and HFET test cycles. Set = 

0.8825 for the SC03 test cycle. 

H = ambient humidity, as determined in 

paragraph (a)(1) of this section. 

Example: 

H = 7.14741 g H2O vapor/kg dry air time 

weighted over the FTP test cycle 

cNOx = 1.21 ppm 

(b) For vehicles above 14,000 pounds 

GVWR, apply correction factors as 

described in 40 CFR 1065.670. 

■ 123. Section 1066.635 is amended by 

adding paragraph (c)(6) to read as 

follows: 

§ 1066.635 NMOG determination. 

* * * * * 

(c) * * * 

(6) For PHEVs, you may determine 

NMOG based on testing over one full 

UDDS using Eq. 1066.635–3. 

* * * * * 

Subpart H—Cold Temperature Test 

Procedures 

■ 124. Section 1066.701 is amended by 

revising paragraph (a) to read as follows: 

§ 1066.701 Applicability and general 

provisions. 

(a) The procedures of this part 1066 

may be used for testing at any ambient 

temperature. Section 1066.710 describes 

the provisions that apply for testing 

vehicles at a nominal temperature of ¥7 

°C (20 °F); these procedures apply for 

motor vehicles as described in 40 CFR 

part 86, subpart S, and 40 CFR part 600. 

For other vehicles, see the standardsetting part to determine if your vehicle 

is required to meet emission standards 

outside the normal (20 to 30) °C ((68 to 

86) °F) temperature range. 

* * * * * 

■ 125. Section 1066.710 is amended by 

revising paragraph (c) to read as follows: 

§ 1066.710 Cold temperature testing 

procedures for measuring CO and NMHC 

emissions and determining fuel economy. 

* * * * * 

(c) Heater and defroster. During the 

test, operate the vehicle’s interior 

climate control system with the heat on 

and set to primarily defrost the front 

window. Turn air conditioning off. You 

may not use any supplemental auxiliary 

heat during this testing. You may set the 

heater to any temperature and fan 

setting during vehicle preconditioning. 

(1) Manual control. Unless you rely 

on automatic control as specified in 

paragraph (c)(2) of this section, take the 

following steps to control heater 

settings: 

(i) Set the climate control system as 

follows before the first acceleration 

(t=20 s), or before starting the vehicle if 

the climate control system allows it: 

(A) Temperature. Set controls to 

maximum heat. For automatic control 

systems running in manual mode, set 

the heater control to 72 °F or higher. 

(B) Fan speed. Set the fan speed to 

full off or the lowest available speed if 

a full off position is not available. 

(C) Airflow direction. Direct airflow to 

the front window (window defrost 

mode). 

(D) Air source. If independently 

controllable, set the system to draw in 

outside air. 

(ii) At the second idle of the test 

cycle, which occurs 125 seconds after 

the start of the test, set the fan speed to 

maximum. Complete by 130 seconds 

after the start of the test. Leave 

temperature and air source settings 

unchanged. 

(iii) At the sixth idle of the test 

interval, which occurs at the 

deceleration to zero miles per hour 505 


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seconds after the start of the test, set the 

fan speed to the lowest setting that 

maintains air flow. Complete these 

changes by 510 seconds after the start of 

the test. You may use different vent and 

fan speed settings for the remainder of 

the test. Leave the temperature and air 

source settings unchanged. 

(2) Automatic control. For vehicles 

with automatic control systems running 

in automatic mode, set the temperature 

to 72 °F and the air flow control to the 

front window defrost mode for the 

whole test. 

(3) Multiple-zone systems. For 

vehicles that have separate driver and 

passenger controls or separate front and 

rear controls, you must set all 

temperature and fan controls as 

described in paragraphs (c)(1) and (2) of 

this section, except that rear controls 

need not be set to defrost the front 

window. 

(4) Alternative test procedures. We 

may approve the use of other settings 

under 40 CFR 86.1840 if a vehicle’s 

climate control system is not compatible 

with the provisions of this section. 

* * * * * 

Subpart I—Exhaust Emission Test 

Procedures for Motor Vehicles 

■ 126. Section 1066.801 is amended by 

revising paragraph (c)(2) and Figure 1 in 

paragraph (e) to read as follows: 

§ 1066.801 Applicability and general 

provisions. 

* * * * * 

(c) * * * 

(2) The Supplemental Federal Test 

Procedure (SFTP) measures the 

emission effects from aggressive driving 

and operation with the vehicle’s air 

conditioner. The SFTP is based on a 

composite of three different test 

elements. In addition to the FTP, 

vehicles generally operate over the 

US06 and SC03 driving schedules as 

specified in paragraphs (g) and (h) of 

Appendix I of 40 CFR part 86, 

respectively. In the case of heavy-duty 

vehicles above 10,000 pounds GVWR 

and at or below 14,000 pounds GVWR, 

SFTP testing involves additional driving 

over the Hot LA–92 driving schedule as 

specified in paragraph (c) of 40 CFR part 

86, Appendix I, instead of the US06 

driving schedule. Note that the US06 

driving schedule represents about 8.0 

miles of relatively aggressive driving; 

the SC03 driving schedule represents 

about 3.6 miles of urban driving with 

the air conditioner operating; and the 

hot portion of the LA–92 driving 

schedule represents about 9.8 miles of 

relatively aggressive driving for 

commercial trucks. See § § 1066.815 and 

1066.820. 

* * * * * 

(e) * * * 


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■ 127. Section 1066.815 is amended by 

revising paragraphs (d)(2)(ii) and (iii) to 

read as follows: 

§ 1066.815 Exhaust emission test 

procedures for FTP testing. 

* * * * * 

(d) * * * 

(2) * * * 

(ii) Repeat the steps in paragraph 

(d)(1)(ii) of this section. Operate the 

vehicle over the first 505 seconds of the 

UDDS. For tests that do not include bag 

4 operation, turn off the engine and 

simultaneously stop all hot-start 

sampling and recording, including 

background sampling, and any 

integrating devices at the end of the 

deceleration scheduled to occur 505 

seconds into the hot-start UDDS. 

(iii) To include bag 4 measurement, 

operate the vehicles over the remainder 

of the UDDS and conclude the testing as 

described in paragraphs (d)(1)(iii) and 

(iv) of this section. 

* * * * * 

■ 128. Section 1066.831 is amended as 

follows: 

■ a. By revising paragraph (b)(3)(ii)(D). 

■ b. By adding paragraph (b)(3)(ii)(G). 

■ c. By revising paragraphs (e)(2)(i) and 

(iii). 

§ 1066.831 Exhaust emission test 

procedures for aggressive driving. 

* * * * * 

(b) * * * 

(3) * * * 

(ii) * * * 

(D) US06 driving schedule or, for 

heavy-duty vehicles at or below 10,000 

pounds GVWR with a power-to-weight 

ratio at or below 0.024 hp/lbm, just the 

highway portion of the US06 driving 

schedule. 

* * * * * 

(G) The Hot LA–92 driving schedule. 

* * * * * 

(e) * * * 

(2) * * * 

(i) For heavy-duty vehicles above 

10,000 pounds GVWR, operate the 

vehicle over the Hot LA–92 driving 

schedule. 

* * * * * 

(iii) Non-MDPV heavy-duty vehicles 

shall be tested at their adjusted loaded 

vehicle weight as described in 40 CFR 

86.1816. 

* * * * * 

■ 129. Section 1066.835 is amended by 

revising paragraph (e)(2) to read as 

follows: 

§ 1066.835 Exhaust emission test 

procedure for SC03 emissions. 

* * * * * 

(e) * * * 

(2) Vehicle frontal air flow. Verify that 

the fan configuration meets the 

requirements of § 1066.105(c)(5). 

* * * * * 

■ 130. Section 1066.845 is amended by 

revising paragraphs (b) and (e)(2) and 

adding paragraph (e)(3) to read as 

follows: 

§ 1066.845 AC17 air conditioning 

efficiency test procedure. 

* * * * * 

(b) Test cell. Operate the vehicle in a 

test cell meeting the specifications 

described in § 1066.835(e). You may add 

airflow up to a maximum of 4 miles per 

hour during engine idling and when the 

engine is off if that is needed to meet 

ambient temperature or humidity 

requirements. 

* * * * * 

(e) * * * 

(2) For manual systems, select A/C 

mode, set the temperature to full cold 

and ‘‘maximum’’, set airflow to 

‘‘recirculate’’ (if so equipped), and select 

the highest fan setting. During the first 

idle period of the SC03 driving schedule 

(between 186 and 204 seconds), reduce 

the fan speed setting to nominally 50% 

of maximum fan speed, set airflow to 

‘‘fresh air’’ (if so equipped), and adjust 

the temperature setting to target a 

temperature of 55 °F (13 °C) at the 

dashboard air outlet. Maintain these 

settings for the remainder of the test. 

You may rely on prior temperature 

measurements to determine the 

temperature setting; however, if the 

system is unable to meet the 55 °F (13 

°C) target, you may instead set airflow 

to ‘‘fresh air’’ and temperature to full 

cold. If the vehicle is equipped with 

technology that defaults to recirculated 

air at ambient temperatures above 75 °F 

(22 °C), that technology should remain 

enabled throughout the test; this may 

mean not setting the airflow to 

‘‘recirculate’’ at the start and not setting 

the airflow to ‘‘fresh air’’ during the first 

idle period of the SC03 driving 

schedule. Except as specified in 

paragraph (e)(3) of this section, use good 

engineering judgment to apply the 

settings described in this paragraph 

(e)(2) equally throughout the vehicle if 

there are separate controls for different 

zones (such as rear air conditioning). 

(3) If the air conditioning system is 

designed with parameters that switch 

back to a default setting at key-off, 

perform testing in that default 

condition. If the air conditioning system 

includes any optional equipment or user 

controls not addressed in this paragraph 

(e), the manufacturer should ask us for 

preliminary approval to determine the 

appropriate settings for testing. 

* * * * * 

Subpart J—Evaporative Emission Test 

Procedures 

■ 131. Section 1066.985 is amended by 

revising paragraph (d)(9) to read as 

follows: 

§ 1066.985 Fuel storage system leak test 

procedure. 

* * * * * 

(d) * * * 

(9) Repeat the test described in this 

paragraph (d) for each access point 

described in the application for 

certification. Use each test result 

(without averaging) to determine 

whether the vehicle passes the leak 

standard. 

* * * * * 

Subpart K—Definitions and Other 

Reference Material 

■ 132. Section 1066.1001 is amended by 

adding a definition for ‘‘Hot LA–92’’ in 

alphabetical order to read as follows: 

§ 1066.1001 Definitions. 

* * * * * 

Hot LA–92 means the first 1435 

seconds of the LA–92 driving schedule. 

* * * * * 

■ 133. Section 1066.1005 is amended by 

revising paragraph (h) to read as 

follows: 

§ 1066.1005 Symbols, abbreviations, 

acronyms, and units of measure. 

* * * * * 

(h) Prefixes. This part uses the 

following prefixes to define a quantity: 

Symbol Quantity Value 

n .................. nano ............ 10¥9

μ .................. micro ........... 10¥6

m ................. milli .............. 10¥3

c .................. centi ............. 10¥2

k .................. kilo ............... 103

M ................. mega ........... 106

■ 134. Section 1066.1010 is amended by 

revising paragraph (b)(1) to read as 

follows: 

§ 1066.1010 Incorporation by reference. 

* * * * * 

(b) * * * 

(1) SAE J1263, Road Load 

Measurement and Dynamometer 

Simulation Using Coastdown 

Techniques, revised March 2010, IBR 

approved for §§ 1066.301(b) and 

1066.310(b). 

* * * * * 

[FR Doc. 2015–02846 Filed 2–18–15; 8:45 am] 

BILLING CODE 6560–50–P 


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