UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
NATIONAL VEHICLE AND FUEL EMISSIONS LABORATORY
2565 PLYMOUTH ROAD ANN ARBOR, MICHIGAN 48105

- 2498

MEMORANDUM

SUBJECT: Heavy

- Duty Hybrid Onboard Diagnostics

FROM: Amy Kopin

TO: The Docket

DATE: July 21, 2011

On June 17 th , 2011 the Hybrid Manufacturers Regulatory Collaboration ( HMRC ) in

response to concerns raised by members of t he HMRC regarding heavy

- duty onboard diagnostic (OBD) requirements and timing , sent us suggested OBD regulatory revisions

. These regulatory

revisions reflect the concerns raised during the comment period for the heavy

- duty greenhouse

gas notice of propose d rulemaking that heavy

- duty hybrid applications may not be able to meet the 2013 heavy

- duty OBD regulations that were published in the 2009 OBD Final Rulemaking. 1

, 2

Specifically, they have requested a delay of the application of HD OBD requirements for hy brid applications until 2020. The marked

- up regulations included in this memo reflect their goal of a delay of OBD requirements for Heavy

- Duty Hybrid applications until at least 2020. The HMRC documents were received via email from Jim Lyons, a consultan t for Sierra Research, Inc. representing the HMRC , and are attached below along with a copy of the original email.

1 U.S. EPA, NHTSA, and DOT, “Greenhouse Gas Emission Standards and Fuel Efficiency Standards for Medium

and Heavy

- Duty Engines and Vehicle s,” republished December 29, 2010. Available here: http://origin.www.gpo.gov/fdsys/pkg/FR

- 2010

- 12

- 29/html/2010

- 32726.htm

2 U.S. EPA, “Control of Air Pollution from New Motor Vehicles and New Motor Vehicles Engines; Final Rule Regulations Requiring Onboar d Diagnostic Systems on 2010 and Later Heavy

- Duty Engines Used in Highway Applications Over 14,000 Pounds; Revisions to Onboard Diagnostic Requirements for Diesel Highway Heavy

- Duty Vehicles Under 14,000 Pounds ,” published February 24, 2009. Available her e: http://www.epa.gov/otaq/regs/im/obd/regtech/hd

- obd

- frm

- 02

- 24

- 09

- notice

- 74

- fr

- 8310.pdf OFFICE OF
AIR AND RADIATIONHMRC Jim Lyons to: Amy Kopin 06/17/2011 11:22 AM

Cc: iandmckenzie, barbara.chance, kevin.rodgers, derek.matthews, thomas.m.apalenek

History: This message has been forwarded.

Amy:

As we discussed on the phone yesterday, please find attached additional materials from HMRC related

to the hybrid OBD issue.

As you know, HMRC supports the development of HD OBD for vehicles with hybrid powertrain systems,

but feels strongly, that among other things, that the timing of the implementation of HD OBD systems

on hybrids needs to provide adequate lead time to accomplish all of the steps required to reach
implementation. To that end, HMRC has created a Gantt chart to lay out the steps and milestones we
believe are needed to implement HD OBD in the market for hybrid commercial vehicles. It is far from

exhaustive and could be much more detailed, but we feel it captures the main items and events that

need to take place. The chart also supports HMRC’s position with regard to 2020 model

‐ year implementation of fuel HD OBD on hybrids and the appropriateness of generally aligning hybrids with

alternative fuel engines in terms of providing lead time in advance of HD OBD compliance dates. We’d

like to review this with EPA and discuss both the steps and the timing we’ve attributed to the steps, to ideally gain a common understanding and consensus on the level of effort and timing, as well as the
parties involved in making HD OBD successful for the hybrid commercial market.

In addition, please find attached, our thoughts regarding regulatory changes needed to address the

issues that have been raised regarding implementation of HD OBD with hybrid powertrain systems in light of the timing indicated by the Gantt chart and alignment with alternative fuel engine requirements.

We appreciate your time and consideration of this information and look forward to reviewing it with

you.

James M. Lyons Sierra Research, Inc.

1801 J Street Sacramento, CA 95811

Phone 916-444-6666 or 916-273-5138 jlyons@sierraresearch.comIDTask NameDuration1Definition of Certification requirements and process for hybrids24 mons2Define components impacted for information sharingof tasks1 mon3Establish working contractual relationship and ‘rules of engagement’ with engine manufacturer(s) withregards to HD OBD12 mons4Development of internal specifications for S/W andH/W to begin design process6 mons5Evaluation of current diagnostic S/W to determine ‘gaps’ to achieve HD OBD compliance4 mons6Evaluation of current hardware to support HD OBD diagnostic requirements3 mons7Creation/qualification of data handling algorithm(s)6 mons8Definition and agreement on the ‘monitors’ as described by CARB specific to the hybrid system (HMRC /CARB / Individuals)12 mons9Creation of hybrid performance monitoring algorithms2 mons10Qualification of monitoring algorithms2 mons11Theoretical evaluation of potential impacts of current hybrid system(s) on a HD OBD 2013 compliant engine(s) or diagnostic strategy(ies)6 mons12Physical testing of engine(s), coupled to hybrid system(s) to validate theoretical evaluation9 mons13Individual manufacturers evaluation of sub-contractrequirements for support of OBD development6 mons14Engine / OEM and Hybrid manufacturers individual development of suggested messages for hybrid/vehicle/engine communication for J1939-73 and ISO 15765/1593124 mons15Review, evaluation, discussion and ultimately agreement on incorporation of messages to the SAE Standard24 mons16Implementation by individual companies of the standard messages12 mons17Theoretical evaluation of potential impacts of HD OBD specific hybrid system(s) on a HD OBD 2013 compliant engine(s) or diagnostic strategy(ies)2 mons18Physical testing of engine(s), coupled to hybrid system(s) to validate theoretical evaluation6 mons19Iteration of S/W, possibly H/W based on results oftesting9 mons20Re-qualification of S/W and H/W3 mons21Release for final integration testing0 days22With release of HD OBD hybrid systems, evidence gathering, fleet trials6 mons23Reports to Gov’t agencies of findings and any possible issues6 mons24Loop back of process to address and ‘fix’ any identified issues6 monsTaskSplitProgressMilestoneSummaryProject SummaryExternal TasksExternal MilestoneDeadlinePage 1Project: 2020 timelineDate: Thu 6/16/11StartFinishThu 6/30/11Wed 5/1/13Thu 6/16/11Wed 7/13/11Thu 6/30/11Wed 5/30/12Thu 5/31/12Wed 11/14/12Thu 11/15/12Wed 3/6/13Thu 3/7/13Wed 5/29/13Thu 11/15/12Wed 5/1/13Thu 5/2/13Wed 4/2/14Thu 5/2/13Wed 6/26/13Thu 4/3/14Wed 5/28/14Thu 11/15/12Wed 5/1/13Thu 5/29/14Wed 2/4/15Thu 11/15/12Wed 5/1/13Thu 5/2/13Wed 3/4/15Thu 3/5/15Wed 1/4/17Thu 1/5/17Wed 12/6/17Thu 12/7/17Wed 1/31/18Thu 2/1/18Wed 7/18/18Thu 7/19/18Wed 3/27/19Thu 3/28/19Wed 6/19/19Wed 6/19/19Wed 6/19/19Thu 6/20/19Wed 12/4/19Thu 12/5/19Wed 5/20/20Thu 12/5/19Wed 5/20/206/19Q2Q3Q4Q1Q2Q3Q4Q1Q2Q3Q4Q1Q2Q3Q4Q1Q2Q3Q4Q1Q2Q3Q4Q1Q2Q3Q4Q1Q2Q3Q4Q1Q2Q3Q4Q1Q21201220132014201520162017201820192020TaskSplitProgressMilestoneSummaryProject SummaryExternal TasksExternal MilestoneDeadlinePage 2Project: 2020 timelineDate: Thu 6/16/11Details of Hybrid HDOBD Timeline Line Items

Item #

1 Definition of Certification requirements and process for hybrids

EPA
CARB (May adopt EPA approach, may delay and consider own wording, and then begin the definition process)
UDS / WWH (World Wide Harmonized)
Definition and Development of high level Hybrid HDOBD architecture (eg., distributed vs. centralized)
Definition of certificate holder (eg., engine tailpipe emissions, engine HDOBD, GHG, hybrid HDOBD, etc.)
Definition of certificate procedure - Analytical, Engine based, On-dyno, In-Vehicle,

Proof by: Analysis, Engine based, On-dyno, In-Vehicle?
If not analytical based, need a defined test duty cycle.
Defined test conditions (temperature, humidity, start/end SOC)?

Engine only test or with Hybrid? Actual hardware or generic hybrid simulator?
What vehicle/load configuration? (hybrid systems can respond very differently to different GVW)

Can an engine OBD "strategy" be certified compliant with a hybrid? Shown true on 1 engine,
valid for entire family or products that use the same "strategy"?

2 Define components impacted for information sharing of tasks,
There may be one or more hybrid component supplier who need to share with each other, share with engine supplier, etc.
The potential list of components can include Engine / Transmission / ABS Controller / Body Controller /
Push Button Shift Selector / Energy Storage System (battery) / Hybrid System Controller (Inverter) / Motor-Generator / Oil
Pressure Sensor / Clutch Position Sensor / Low Voltage Electrical system (12V power) / Retarder controller (optional)

3 Establish working contractual relationship and ‘rules of engagement’ with engine manufacturer(s) with regards to HD OBD
What engine OEMs will share with regards to diagnostic algorithms
What hybrid manufacturers will share with regards to diagnostic algorithms
Terms and Conditions around intellectual property on developed solutions

4 Development of internal specifications for S/W and H/W to begin design process

5 Evaluation of current diagnostic S/W to determine ‘gaps’ to achieve HD OBD compliance

6 Evaluation of current hardware to support HD OBD diagnostic requirements

7 Creation/qualification of data handling algorithm(s)

8 Definition and agreement on the ‘monitors’ as described by CARB specific to the hybrid system (HMRC / CARB / Individuals)

9 Creation of monitoring algorithms

10 Qualification of monitoring algorithms

11 Theoretical evaluation of potential impacts of current hybrid system(s) on a HD OBD 2013 compliant engine(s) or diagnostic strategy(ies)

12 Physical testing of engine(s), coupled to hybrid system(s) to validate theoretical evaluation
Dyno level initially
In vehicle testing ultimately
Many possible combinations depending on hybrid architecture, concept of operation and engine OBD configurations

13 Individual manufacturers evaluation of sub-contract requirements for support of OBD developmentIf components like Batteries, DC/DCs, Inverters, Motors are outsourced by a manufacturer, they may need to

negotiate changes to existing contracts to increase scope to support HD OBD requirements levied upon the sub-suppliers
In many cases these requirements may not be something the sub-supplier is familiar with or properly

resourced to support, or even quote.
As the requirements and specifics of HD OBD for hybrids is vague and still to be determined in detail, will
make estimation difficult and costs (conservative quotes)

14 Engine / OEM and Hybrid manufacturers individual development of suggested messages for hybrid / vehicle / engine
communication for J1939 and ISO 15765/15031

Group review and agreement on suggested messages

May happen directly at the SAE J1939 level
May initially take place at a ‘stake holders’ level (HMRC for hybrid, EMA for engines) then take message list to SAE committee

15 Review, evaluation, discussion and ultimately agreement on incorporation of messages to the SAE Standard

16 Implementation by individual companies of the standard messages

17 Theoretical evaluation of potential impacts of HD OBD specific hybrid system(s) on a HD OBD 2013 compliant engine(s) or diagnostic strategy(ies)

18 Physical testing of engine(s), coupled to hybrid system(s) to validate theoretical evaluation
Dyno level initially
In vehicle testing ultimately
Many possible combinations depending on hybrid architecture, concept of operation and engine OBD configurations

19 Iteration of S/W, possibly H/W based on results of testing

20 Re-qualification of S/W and H/W

21 With release of HD OBD hybrid systems, evidence gathering, fleet trials

22 Reports to Gov’t agencies of findings and any possible deficiencies

23 Loop back of process to address and ‘fix’ any identified deficienciesRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 1 of 2 § 86.010

- 2 Definitions.

The definitions of § 86.004

- 2 continue to apply to 2004 and later model year vehicles. The definitions listed in this section apply beginning with the 2010 model year.

DTC means diagnostic trouble code.

En gine or engine system as used in §§ 86.007

- 17, 86.007

- 30, 86.010

- 18, and 86.010

- 38 means the engine, fuel system, induction system, aftertreatment system, and everything that makes up the system for which an engine manufacturer has received a

certificate o f conformity.

Engine start as used in § 86.010

- 18 means the point when the engine reaches a speed 150 rpm below the normal, warmed

- up idle speed (as determined in the drive position for vehicles equipped with an automatic transmission). For hybr id vehicles or for engines employing alternative engine start hardware or strategies (e.g., integrated starter and generators.), the manufacturer may use an alternative definition for engine start (e.g., key

- on) provided the alternative definition is based on equivalence to an engine start for a

conventional vehicle.

Functional check, in the context of onboard diagnostics, means verifying that a component and/or system that receives information from a control computer responds properly to a comma nd from the control computer.

The additions below serve to include hybrid powertrain systems as part of the HD OBD regulations. The “ma nufacturer” definition is intended to differentiate companies that design and build (e.g. manufacturer) a

“ hybrid powe rtrain system” from companies that manufacture

components that are used in hybrid powertrain systems

.

Hybrid powertrain system means a component or a set of component s other than an internal combustion engine that : 1) provides motive power to the v ehicle, 2) also provides a regenerative braking function , and 3) includes a hybrid energy storage system other than a conventional battery system or conventional flywheel. Supplemental electrical batteries and hydraulic accumulators are examples of hybrid energy storage systems.

Hybrid powertrain system manufacturer m eans an entity that undertakes the physical

and engineering process of designing, constructing, and assembling hybrid powertrain

systems.

Ignition cycle as used in § 86.010

- 18 means a cycle that begins with engine start, meets the engine start definition for at least two seconds plus or minus one second, and ends with engine shutoff.

Limp

- home operation as used in § 86.010

- 18 means an operating mode that an engine

is designed to enter upon determining that normal operation cannot be maintained. InRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 2 of 2 general, limp

- home operation implies that a component or system is not operating properly or is believed to be not operating properly.

Malfunction means the condit ions have been met that require the activation of an OBD malfunction indicator light and storage of a DTC.

MIL

- on DTC means the diagnostic trouble code stored when an OBD system has detected and confirmed that a malfunction exists (e.g., typical ly on the second drive cycle during which a given OBD monitor has evaluated a system or component). Industry standards may refer to this as a confirmed or an active DTC.

Onboard Diagnostics (OBD) group means a combination of engines, engine fami lies, or engine ratings that use the same OBD strategies and similar calibrations.

Pending DTC means the diagnostic trouble code stored upon the detection of a potential malfunction.

Permanent DTC means a DTC that corresponds to a MIL

- on DTC and is stored in

non

- volatile random access memory (NVRAM). A permanent DTC can only be erased by the OBD system itself and cannot be erased through human interaction with the OBD system or any onboard computer.

Potential malfunction mea ns that conditions have been detected that meet the OBD malfunction criteria but for which more drive cycles are allowed to provide further evaluation prior to confirming that a malfunction exists.

Previous

- MIL

- on DTC means a DTC that correspond s to a MIL

- on DTC but is distinguished by representing a malfunction that the OBD system has determined no longer exists but for which insufficient operation has occurred to satisfy the DTC erasure provisions.

Rationality check, in the context o f onboard diagnostics, means verifying that a component that provides input to a control computer provides an accurate input to the control computer while in the range of normal operation and when compared to all other

available information.

Sim ilar conditions, in the context of onboard diagnostics, means engine conditions having an engine speed within 375 rpm, load conditions within 20 percent, and the same warm up status (i.e., cold or hot). The manufacturer may use other definitions of similar conditions based on comparable timeliness and reliability in detecting similar engine operation.

[74 FR 8369, Feb. 24, 2009]Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 1 of 101 § 86.010

- 18

On

- board Diagnostics for engines used in applications greater than 14,000 pounds

GVWR.

( a) General. According to the implementation schedule shown in paragraph (o) of this section, heavy

- duty engines intended for use in a heavy

- duty vehicle w eighing more than 14,000 pounds GVWR must be equipped with an on

- board diagnostic (OBD) system capable of monitoring all emission

- related engine systems or components during the life of the engine. The OBD system is required to detect all malfunctions

spec ified in paragraphs (g), (h), and (i) of this § 86.010

- 18 although the OBD system is not required to use a unique monitor to detect each of those malfunctions.

( 1) When the OBD system detects a malfunction, it must store a pending, a MIL

- on, or a previous

- MIL

- on diagnostic trouble code (DTC) in the onboard computer ’ s memory. A malfunction indicator light (MIL) must also be activated as specified in paragraph (b) of this section.

( 2) Data link connector.

(i) For model years 2010 through 2012, the OBD syst em must be equipped with a data link connector to provide access to the stored DTCs as specified in paragraph (k)(2) of this section.

( ii) For model years 2013 and later, the OBD system must be equipped with a standardized data link connector to provide a ccess to the stored DTCs as specified in paragraph (k)(2) of this section.

( 3) The OBD system cannot be programmed or o therwise designed to deactivate based on age and/or mileage. This requirement does not alter existing law and enforcement practice regar ding a manufacturer ’ s liability for an engine beyond its regulatory useful life, except where an engine has been programmed or otherwise designed so that an OBD system deactivates based on age and/or mileage of the engine.

( 4) Drive cycle or driving cycle , in the context of this § 86.010

- 18, means operation that meets any of the conditions of paragraphs (a)(4)(i) through (a)(4)(iv) of this section. Further, for OBD monitors that run during engine

- off conditions, the period of engine

- off time following engi ne shutoff and up to the next engine start may be considered part of the drive cycle for the conditions of paragraphs (a)(4)(i) and (a)(4)(iv) of this section. For engines/vehicles that employ engine shutoff OBD monitoring strategies that do not require th e vehicle operator to restart the engine to continue vehicle operation (e.g., a hybrid bus with engine shutoff at idle), the manufacturer may use an alternative definition for drive cycle (e.g., key

- on followed by key

- off). Any alternative definition must be based on equivalence to engine startup and engine shutoff signaling the beginning and ending of a single driving event for a conventional vehicle. For engines that are not likely to be routinely operated for longRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 2 of 101 continuous periods of time, a manufactur er may also request approval to use an alternative definition for drive cycle (e.g., solely based on engine start and engine shutoff without regard to four hours of continuous engine

- on time). Administrator approval of the alternative definition will be ba sed on manufacturer

- submitted data and/or information demonstrating the typical usage, operating habits, and/or driving patterns of these vehicles.

( i) Begins with engine start and ends with engine shutoff;

( ii) Begins with engine start and ends after fo ur hours of continuous engine

- on operation;

( iii) Begins at the end of the previous four hours of continuous engine

- on operation and ends after four hours of continuous engine

- on operation; or

( iv) Begins at the end of the previous four hours of continuo us engine

- on operation and ends with engine shutoff.

( 5) As an alternative to demonstrating compliance with the provisions of paragraphs (b) through (l) of this § 86.010

- 18, a manufacturer may demonstrate how the OBD system they have designed to comply wi th California OBD requirements for engines used in applications greater than 14,000 pounds also complies with the intent of the provisions of paragraphs (b) through (l) of this section. To make use of this alternative, the manufacturer must demonstrate to the Administrator how the OBD system they intend to certify meets the intent behind all of the requirements of this section, where applicable (e.g., paragraph (h) of this section would not apply for a diesel fueled/CI engine). Furthermore, if making use of this alternative, the manufacturer must comply with the specific certification documentation requirements of paragraph (m)(3) of this section.

( 6) Temporary provisions to address hardshi p due to unusual circumstances.

(i) After considering the unusual c ircumstances, the Administrator may permit the manufacturer to introduce into U.S. commerce engines that do not comply with this § 86.010

- 18 for a limited time if all the following conditions apply:

( A) Unusual circumstances that are clearly outside the m anufacturer ’ s control prevent compliance with the requirements of this § 86.010

- 18.

( B) The manufacturer exercised prudent planning and was not able to avoid the violation and has taken all reasonable steps to minimize the extent of the nonconformity.

( C ) No other allowances are available under the regulations in this chapter to avoid the impending violation.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 3 of 101 ( ii) To apply for an exemption, the manufacturer must send to the Administrator a written request as soon as possible before being in violation. In the request, the manufacturer must show that all the conditions and requirements of paragraph (a)(6)(i) of this section are met.

( iii) The request must also include a plan showing how all the applicable requirements will be met as quickly as possible.

( iv) The manufacturer shall give the Administrator other relevant information upon

request.

( v) The Administrator may include additional conditions on an approval granted under the provisions of this paragraph (a)(6), including provisions that may require field repair at the manufacturer ’ s expense to correct the noncompliance.

( vi) Engines sold as non

- compliant under this temporary hardship provision must display “ non

- OBD ” in the data stream as required under paragraph (k)(4)(ii) of this section. Upon corr ecting the noncompliance, the data stream value must be updated accordingly.

( b) Malfunction indicator light (MIL) and Diagnostic Trouble Codes (DTC). The OBD system must incorporate a malfunction indicator light (MIL) or equivalent and must store specifi c types of diagnostic trouble codes (DTC). Unless otherwise specified, all provisions of this paragraph (b) apply for 2010 and later model years.

(1) MIL specifications.

(i) For model years 2013 and later, the MIL must be located on the primary driver ’ s side instrument panel and be of sufficient illumination and location to be readily visible under all lighting conditions. The MIL must be amber (yellow) in color; the

use of red for the OBD

- related MIL is prohibited. More than one general purpose

malfuncti on indicator light for emission

- related problems shall not be used; separate specific purpose warning lights (e.g., brake system, fasten seat belt, oil pressure, etc.) are permitted. When activated, the MIL shall display the International Standards Organiz ation (ISO) engine symbol.

( ii) The OBD system must activate the MIL when the ignition is in the key

on/engine

- off position before engine cranking to indicate that the MIL is functional. The MIL shall be activated continuously during this functional check for a minimum of 5 seconds. During this MIL key

- on functional check, the data stream value (see paragraph (k)(4)(ii) of this section) for MIL status must indicate

“ commanded off ” unless the OBD system has detected a malfunction and has stored

a MIL

- on DTC . This MIL key

- on functional check is not required during vehicle operation in the key

- on/engine

- off position subsequent to the initial engine cranking of an ignition cycle (e.g., due to an engine stall or other non

- commanded engine shutoff).Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 4 of 101 ( iii) As an option, the MIL may be used to indicate readiness status (see paragraph (k)(4)(i) of this section) in a standardized format in the key

- on/engine

- off position.

( iv) A manufacturer may also use the MIL to indicate which, if any, DTCs are currently stored (e .g., to “ blink ” the stored DTCs). Such use must not activate unintentionally during routine driver operation.

( v) For model years 2013 and later, the MIL required by this paragraph (b) must not be used in any other way than is specified in this section.

( 2) MIL activ ation and DTC storage protocol.

(i) Within 10 seconds of detecting a potential malfunction, the OBD system must store a pending DTC that identifies the potential malfunction.

( ii) If the potential malfunction is again detected before the end of the next drive cycle during which monitoring occurs (i.e., the potential malfunction has been confirmed as a malfunction), then within 10 seconds of such detection the OBD system must activate the MIL continuously and store a MIL

- on DTC (systems using the SAE J1939 standard protocol specified in paragraph (k)(1) of this section may either erase or retain the pending DTC in conjunction with storing the MIL

- on DTC). If the potential malfunction is not detected before the end of the next drive cycle during which monitoring occurs (i.e., there is no indication of the malfunction at any time during the drive cycle), the corresponding pending DTC should be erased at the end of the drive cycle. Similarly, if a malfunction is detected for the

first time and conf irmed on a given drive cycle without need for further evaluation, then within 10 seconds of such detection the OBD system must activate the MIL continuously and store a MIL

- on DTC (again, systems using the SAE J1939 standard protocol specified in paragraph (k)(1) of this section may optionally store a pending DTC in conjunction with storing the MIL

- on DTC).

( iii) A manufacturer may request Administrator approval to employ alternative statistical MIL activation and DTC storage protocols to those specified i n paragraphs (b)(2)(i) and (b)(2)(ii) of this section. Approval will depend upon the manufacturer providing data and/or engineering evaluations that demonstrate that the alternative protocols can evaluate system performance and detect malfunctions

in a man ner that is equally effective and timely. Strategies requiring on average more than six drive cycles for MIL activation will not be accepted.

( iv) The OBD system must store a “ freeze frame ” of the operating conditions (as defined in paragraph (k)(4)(i ii) of this section) present upon detecting a malfunction or a potential malfunction. In the event that a pending DTC has matured to a MIL

on DTC, the manufacturer shall either retain the currently stored freeze frame conditions or replace the stored freez e frame with freeze frame conditions regarding

the MIL

- on DTC. Any freeze frame stored in conjunction with any pending DTC or

MIL

- on DTC should be erased upon erasure of the corresponding DTC.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 5 of 101 ( v) If the engine enters a limp

- home mode of operation that ca n affect emissions or the performance of the OBD system, or in the event of a malfunction of an onboard computer(s) itself that can affect the performance of the OBD system, the OBD system must activate the MIL and store a MIL

- on DTC within 10 seconds to i nform the vehicle operator. If the limp

- home mode of operation is recoverable (i.e., operation automatically returns to normal at the beginning of the following ignition cycle), the OBD system may wait to activate the MIL and store the MIL

- on DTC if

the li mp

- home mode of operation is again entered before the end of the next ignition cycle rather than activating the MIL within 10 seconds on the first drive cycle during which the limp

- home mode of operation is entered.

( vi) Before the end of an ignition cycl e, the OBD system must store a permanent DTC(s) that corresponds to any stored MIL

- on DTC(s).

( 3) MIL deacti vation and DTC erasure protocol

(i) Deactivating the MIL. Except as otherwise provided for in paragraphs (g)(2)(iv)(E) and (g)(6)(iv)(B) of this s ection for diesel misfire malfunctions and empty reductant tanks, and paragraphs (h)(1)(iv)(F), (h)(2)(viii), and (h)(7)(iv)(B) of this section for gasoline fuel system, misfire, and evaporative system malfunctions, once the MIL has been activated, it may be deactivated after three subsequent sequential drive cycles during which the monitoring system responsible for activating the MIL functions and the previously detected malfunction is no longer present and provided no other malfunction has been detected t hat would independently activate the MIL according to the requirements outlined in paragraph (b)(2) of this section.

( ii) Erasing a MIL

- on DTC. The OBD system may erase a MIL

- on DTC if the identified malfunction has not again been detected in at least 40 engine warm up cycles and the MIL is presently not activated for that malfunction. The OBD system may also erase a MIL

- on DTC upon deactivating the MIL according to paragraph (b)(3)(i) of this section provided a previous

- MIL

- on DTC is stored upon erasure o f

the MIL

- on DTC. The OBD system may erase a previous

- MIL

- on DTC if the identified malfunction has not again been detected in at least 40 engine warm up cycles and the MIL is presently not activated for that malfunction.

( iii) Erasing a permanent DTC. The OBD system can erase a permanent DTC only

if:

( A) The OBD system itself determines that the malfunction that caused the corresponding permanent DTC to be stored is no longer present and is not commanding activation of the MIL, concurrent with the require ments of paragraph (b)(3)(i) of this section which, for purposes of this paragraph (b)(3)(iii), shall apply to all monitors.

( B) All externally erasable DTC information stored in the onboard computer has been erased (i.e., through the use of a scan tool o r battery disconnect) and theRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 6 of 101 monitor of the malfunction that caused the permanent DTC to be stored is subject to the minimum ratio requirements of paragraph (d) of this section, the OBD system shall erase the permanent DTC at the end of a drive cycle if t he monitor has run and made one or more determinations during a drive cycle that the malfunction of the component or the system is not present and has not made any determinations within the same drive cycle that the malfunction is present.

( C)

1

. All ext ernally erasable DTC information stored in the onboard computer has been erased (i.e., through the use of a scan tool or battery disconnect) and the monitor of the malfunction that caused the permanent DTC to be stored is not subject to the minimum ratio r equirements of paragraph (d) of this section, the OBD system shall erase the permanent DTC at the end of a drive cycle provided the following two criteria have independently been satisfied:

i

. The monitor has run and made one or more determinations during a drive cycle that the malfunction is no longer present and has not made any determinations within the same drive cycle that the malfunction is present; and,

i i. The monitor does not detect a malfunction on a drive cycle and the criteria of paragraph (d) (4)(ii) of this section has been met.

2

. These two separate criteria may be met on the same or different drive cycles provided the monitor never detects a malfunction during either drive cycle, and if criteria (b)(3)(iii)(C)(1)(i) happens first then no ma lfunction may be detected before criteria (b)(3)(iii)(C)(1)(ii) occurs. If a malfunction occurs after criteria (b)(3)(iii)(C)(1)(i) then criteria (b)(3)(iii)(C)(1)(i) must be satisfied again. For the second criterion, the manufacturer must exclude any

temp erature and/or elevation provisions of paragraph (d)(4)(ii) of this section. For this paragraph (b)(3)(iii)(C), monitors required to use “ similar conditions ” as defined in § 86.010

- 2 to store and erase pending and MIL

- on DTCs cannot require that the simila r conditions be met prior to erasure of the permanent

DTC.

( D) The Administrator shall allow monitors subject to paragraph (b)(3)(iii)(B) of this section to use the criteria of paragraph (b)(3)(iii)(C) of this section in lieu of paragraph (b)(3)(iii)(B). Further, manufacturers may request Administrator approval to use alternative criteria to erase the permanent DTC. The Administrator shall approve alternate criteria that will not likely require driving conditions that are longer and more difficult to meet than those required under paragraph (b)(3)(iii)(C) of this section and do not require access to enhanced scan tools to determine conditions necessary to erase the permanent DTC.

( 4) Exceptions to MIL and DTC requirements

.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 7 of 101 (i) If a limp

- home mode of opera tion causes a overt indication (e.g., activation of a red engine shut

- down warning light) such that the driver is certain to respond and have the problem corrected, a manufacturer may choose not to activate the MIL as required by paragraph (b)(2)(v) of thi s section. Additionally, if an auxiliary emission control device has been proper ly activated as approved by the Administrator, a manufacturer may choose not to activate the MIL.

( ii) For gasoline engines, a manufacturer may choose to meet the MIL and DTC requirements in § 86.007

- 17 in lieu of meeting the requirements of paragraph (b) of this § 86.010

- 18.

( c) Monitoring conditions. The OBD system must monitor and detect the malfunctions specified in paragraphs (g), (h), and (i) of this section under the fo llowing general monitoring conditions. The more specific monitoring conditions of paragraph (d) of this section are sometimes required according to the provisions of paragraphs (g), (h), and (i) of this section.

( 1) As specifically provided for in paragra phs (g), (h), and (i) of this section, the monitoring conditions for detecting malfunctions must be technically necessary to ensure robust detection of malfunctions (e.g., avoid false passes and false indications of malfunctions); designed to ensure monito ring will occur under conditions that may reasonably be expected to be encountered in normal vehicle operation and normal vehicle use; and, designed to ensure monitoring will occur during the FTP transient test cycle contained in appendix I paragraph (f), of this part, or similar drive cycle as approved by the Administrator.

( 2) Monitoring must occur at least once per drive cycle in which the monitoring

conditions are met.

( 3) Manufacturers may define monitoring conditions that are not encountered during the FTP cycle as required in paragraph (c)(1) of this section. In doing so, the manufacturer would be expected to consider the degree to which the requirement to run during the FTP transient cycle restricts monitoring during in

- use operation, the

technical necessity for defining monitoring conditions that are not encountered during the FTP cycle, whether monitoring is otherwise not feasible during the FTP cycle, and/or the ability to demonstrate that the monitoring conditions satisfy the minimum acceptable in

- use monitor performance ratio requirement as defined in paragraph (d)

of this section.

( d) In

- use performance tracking. As specifically required in paragraphs (g), (h), and (i) of this section, the OBD system must monitor and detect the malfunctions sp ecified in paragraphs (g), (h), and (i) of this section according to the criteria of this paragraph (d). The OBD system is not required to track and report in

- use performance for monitors other than those specifically identified in paragraph (d)(1) of this section, but all monitors on applicable model year engines are still required to meet the in

- use performance ratio as specified in paragraph (d)(1)(ii) of this section.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 8 of 101 ( 1) The manufacturer must implement software algorithms in the OBD system to

individu ally track and report the in

- use performance of the following monitors, if equipped, in the standardized format specified in paragraph (e) of this section: NMHC converting catalyst (paragraph (g)(5) of this section); NOx converting catalyst (paragraph (g)( 6) of this section); gasoline catalyst (paragraph (h)(6) of this section); exhaust gas sensor (paragraph (g)(9) of this section) or paragraph (h)(8) of this section); evaporative system (paragraph (h)(7) of this section); EGR system (paragraph (g)(3) of th is section or (h)(3) of this section); VVT system (paragraph (g)(10) of this section or (h)(9) of this section); secondary air system (paragraph (h)(5) of this section); DPF system (paragraph (g)(8) of this section); boost pressure control system (paragrap h (g)(4) of this section); and, NOx adsorber system (paragraph (g)(7) of this section).

( i) The manufacturer shall not use the calculated ratio specified in paragraph (d)(2) of this section or any other indication of monitor frequency as a monitoring

cond ition for a monitor (e.g., using a low ratio to enable more frequent monitoring through diagnostic executive priority or modification of other monitoring conditions, or using a high ratio to enable less frequent monitoring).

( ii) For model years 2013 and later, manufacturers must define monitoring conditions that, in addition to meeting the criteria in paragraphs (c)(1) and (d)(1) of this section, ensure that the monitor yields an in

- use performance ratio (as defined in paragraph (d)(2) of this section) th at meets or exceeds the minimum acceptable

in

- use monitor performance ratio of 0.100 for all monitors specifically required in paragraphs (g), (h), and (i) of this section to meet the monitoring condition requirements of this paragraph (d).

( iii) If the m ost reliable monitoring method developed requires a lower ratio for a specific monitor than that specified in paragraph (d)(1)(ii) of this section, the Administrator may lower the minimum acceptable in

- use monitoring performance

ratio.

( 2) In

- use performa nce ratio definition. For monitors required to meet the requirements of paragraph (d) of this section, the performance ratio must be calculated in accordance with the specifications of this paragraph (d)(2).

( i) The numerator of the performance ratio is d efined as the number of times a vehicle has been operated such that all monitoring conditions have been encountered that are necessary for the specific monitor to detect a malfunction.

( ii) The denominator is defined as the number of times a vehicle has b een operated in accordance with the provisions of paragraph (d)(4) of this section.

( iii) The performance ratio is defined as the numerator divided by the denominator.

( 3) Specifications for incrementing the numerator.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 9 of 101 (i) Except as provided for in para graph (d)(3)(v) of this section, the numerator, when incremented, must be incremented by an integer of one. The numerator shall not be incremented more than once per drive cycle.

( ii) The numerator for a specific monitor must be incremented within 10 seco nds if and only if the following criteria are satisfied on a single drive cycle:

( A) Every monitoring condition has been satisfied that is necessary for the specific monitor to detect a malfunction and store a pending DTC, including applicable enable crit eria, presence or absence of related DTCs, sufficient length of monitoring time, and diagnostic executive priority assignments (e.g., diagnostic

“ A ” must execute prior to diagnostic “ B ” ). For the purpose of incrementing the numerator, satisfying all the mo nitoring conditions necessary for a monitor to determine that the monitor is not malfunctioning shall not, by itself, be sufficient

to meet this criteria.

( B) For monitors that require multiple stages or events in a single drive cycle to

detect a malfunct ion, every monitoring condition necessary for all events to complete must be satisfied.

( C) For monitors that require intrusive operation of components to detect a malfunction, a manufacturer must request approval of the strategy used to determine that, h ad a malfunction been present, the monitor would have detected the malfunction. Administrator approval of the request will be based on the equivalence of the strategy to actual intrusive operation and the ability of the strategy to determine accurately if every monitoring condition was satisfied that was necessary for the intrusive event to occur.

( D) For the secondary air system monitor, the criteria in paragraphs (d)(3)(ii)(A) through (d)(3)(ii)(C) of this section are satisfied during normal operation of the secondary air system. Monitoring during intrusive operation of the secondary air system later in the same drive cycle for the sole purpose of monitoring shall not, by itself, be sufficient to meet these criteria.

( iii) For monitors that can generate results in a “ gray zone ” or “ non

- detection zone ” (i.e., monitor results that indicate neither a properly operating system nor a malfunctioning system) or in a “ non

- decision zone ” (e.g., monitors that increment and decrement counters until a pass or fail th reshold is reached), the numerator, in general, shall not be incremented when the monitor indicates a result in the “ non

detection zone ” or prior to the monitor reaching a complete decision. When necessary, the Administrator will consider data and/or engin eering analyses submitted by the manufacturer demonstrating the expected frequency of results in

the “ non

- detection zone ” and the ability of the monitor to determine accurately, had an actual malfunction been present, whether or not the monitor would have detected

a malfunction instead of a result in the “ non

- detection zone. ”Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 10 of 101 ( iv) For monitors that run or complete their evaluation with the engine off, the numerator must be incremented either within 10 seconds of the monitor completing

its evaluation in the engine off state, or during the first 10 seconds of engine start on the subsequent drive cycle.

( v) Manufacturers that use alternative statistical MIL activation protocols as allowed in paragraph (b)(2)(iii) of this section for any of the monitors requir ing a numerator, are required to increment the numerator(s) appropriately. The manufacturer may be required to provide supporting data and/or engineering analyses demonstrating both the equivalence of their incrementing approach to the incrementing specifi ed in this paragraph (d)(3) for monitors using the standard MIL activation protocol, and the overall equivalence of the incrementing approach in determining that the minimum acceptable in

- use performance ratio of paragraph (d)(1)(ii) of this section, if ap plicable, has been satisfied.

( 4) Specifications for incrementing the denominator.

(i) The denominator, when incremented, must be incremented by an integer of one. The denominator shall not be incremented more than once per drive cycle.

( ii) The denomin ator for each monitor must be incremented within 10 seconds if and only if the following criteria are satisfied on a single drive cycle:

( A) Cumulative time since the start of the drive cycle is greater than or equal to

600 seconds while at an elevation o f less than 8,000 feet (2,400 meters) above sea level and at an ambient temperature of greater than or equal to 20 degrees Fahrenheit ( −7 C);

( B) Cumulative gasoline engine operation at or above 25 miles per hour or diesel engine operation at or above 1,150 rotations per minute (diesel engines may use the gasoline criterion for 2010 through 2012 model years), either of which occurs for greater than or equal to 300 seconds while at an elevation of less than 8,000 feet (2,400 meters) above sea level and at an ambient temperature of greater than

or eq ual to 20 degrees Fahrenheit ( −7 C); and,

( C) Continuous engine operation at idle (e.g., accelerator pedal released by driver and engine speed less than or equal to 200 rpm above normal warmed

- up idle (as determined in the drive position for vehicles equi pped with an automatic transmission) or vehicle speed less than or equal to one mile per hour) for greater than or equal to 30 seconds while at an elevation of less than 8,000 feet (2,400 meters) above sea level and at an ambient temperature of greater tha n or equal to 20 degrees Fahrenheit ( −7 C).

( iii) In addition to the requirements of paragraph (d)(4)(ii) of this section, the evaporative system monitor denominator(s) may be incremented if and only if:Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 11 of 101 ( A) Cumulative time since the start of the drive c ycle is greater than or equal to 600 seconds while at an ambient temperature of greater than or equal to 40 degrees Fahrenheit (4 C) but less than or equal to 95 degrees Fahrenheit (35 C); and,

( B) Engine cold start occurs with the engine coolant temperat ure greater than or equal to 40 degrees Fahrenheit (4 C) but less than or equal to 95 degrees Fahrenheit (35 C) and less than or equal to 12 degrees Fahrenheit (7 C) higher than the ambient temperature.

( iv) In addition to the requirements of paragraph (d )(4)(ii) of this section, the denominator(s) for the following monitors may be incremented if and only if the component or strategy is commanded “ on ” for a cumulative time greater than or equal to 10 seconds. For purposes of determining this commanded “ on ” time, the OBD system shall not include time during intrusive operation of any of the components or strategies that occurs later in the same drive cycle for the sole purpose of monitoring.

( A) Secondary air system (paragraph (h)(5) of this section).

( B) Cold start emission reduction strategy (paragraph (h)(4) of this section).

( C) Components or systems that operate only at engine start

- up (e.g., glow plugs, intake air heaters) and are subject to monitoring under “ other emission control

systems ” (paragrap h (i)(4) of this section) or comprehensive component output components (paragraph (i)(3)(iii) of this section).

( v) In addition to the requirements of paragraph (d)(4)(ii) of this section, the denominator(s) for the following monitors of output components (except those operated only at engine start

- up and subject to the requirements of paragraph (d)(4)(iv) of this section, may be incremented if and only if the component is commanded to function (e.g., commanded “ on ”

, “ opened ”

, “ closed ”

, “ locked ” ) on

two or more occasions during the drive cycle or for a cumulative time greater than or equal to 10 seconds, whichever occurs first:

( A) Variable valve timing and/or control system (paragraph (g)(10) of this section or (h)(9) of this section).

( B) “ Other emissio n control systems ” (paragraph (i)(4) of this section).

( C) Comprehensive component output component (paragraph (i)(3) of this section) (e.g., turbocharger waste

- gates, variable length manifold runners).

( vi) For monitors of the following components, the manufacturer may use alternative or additional criteria for incrementing the denominator to that set forth in paragraph (d)(4)(ii) of this section. To do so, the alternative criteria must be basedRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 12 of 101 on equivalence to the criteria of paragraph (d)(4)(ii) of t his section in measuring the frequency of monitor operation relative to the amount of engine operation:

( A) Engine cooling system input components (paragraph (i)(1) of this section).

( B) “ Other emission control systems ” (paragraph (i)(4) of this section)

.

( C) Comprehensive component input components that require extended monitoring evaluation (paragraph (i)(3) of this section) (e.g., stuck fuel level sensor rationality).

( D) Comprehensive component input component temperature sensor rationality

monitors (paragraph (i)(3) of this section) (e.g., intake air temperature sensor, ambient temperature sensor, fuel temperature sensor).

( E) Diesel particulate filter (DPF) frequent regeneration (paragraph (g)(8)(ii)(B) of this section).

( vii) For monitors of the following components or other emission controls that experience infrequent regeneration events, the manufacturer may use alternative or additional criteria for incrementing the denominator to that set forth in paragraph (d)(4)(ii) of this section. To do s o, the alternative criteria must be based on equivalence to the criteria of paragraph (d)(4)(ii) of this section in measuring the frequency of monitor operation relative to the amount of engine operation:

( A) NMHC converting catalyst (paragraph (g)(5) of this section).

( B) Diesel particulate filter (DPF) (paragraphs (g)(8)(ii)(A) and (g)(8)(ii)(D) of this section).

( viii) In addition to the requirements of paragraph (d)(4)(ii) of this section, the denominator(s) for the following monitors shall be increm ented if and only if a regeneration event is commanded for a time greater than or equal to 10 seconds:

( A) DPF incomplete regeneration (paragraph (g)(8)(ii)(C) of this section).

( B) DPF active/intrusive injection (paragraph (g)(8)(ii)(E) of this section)

.

( ix) For hybrids that employ alternative engine start hardware or strategies (e.g., integrated starter and generators), or alternative fuel vehicles (e.g., dedicated, bi

fuel, or dual

- fuel applications), the manufacturer may use alternative criteria for incrementing the denominator to that set forth in paragraph (d)(4)(ii) of this section. In general, the Administrator will not approve alternative criteria for those hybrids that employ engine shut off only at or near idle and/or vehicle stop conditions. To use alternative criteria, the alternative criteria must be based on the equivalence to the criteria of paragraph (d)(4)(ii) of this section in measuring the amount of vehicle operation relative to the measure of conventional vehicle operation.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 13 of 101 ( 5) Disa blement of numerators and denominators.

(i) Within 10 seconds of detecting a malfunction (i.e., a pending or a MIL

- on DTC has been stored) that disables a monitor for which the monitoring conditions in paragraph (d) of this section must be met, the OBD sy stem must stop incrementing the numerator and denominator for any monitor that may be disabled as a consequence of the detected malfunction. Within 10 seconds of the time at which the malfunction is no longer being detected (e.g., the pending DTC is erased through OBD system self

- clearing or through a scan tool command), incrementing of all applicable numerators and denominators must resume.

( ii) Within 10 seconds of the start of a power take

- off unit (e.g., dump bed, snow plow blade, or aerial bucket, etc .) that disables a monitor for which the monitoring conditions in paragraph (d) of this section must be met, the OBD system must stop incrementing the numerator and denominator for any monitor that may be disabled as a consequence of power take

- off operati on. Within 10 seconds of the time at which the power take

- off operation ends, incrementing of all applicable numerators

and denominators must resume.

( iii) Within 10 seconds of detecting a malfunction (i.e., a pending or a MIL

- on DTC has been stored) of a ny component used to determine if the criteria of paragraphs (d)(4)(ii) and (d)(4)(iii) of this section are satisfied, the OBD system must stop incrementing all applicable numerators and denominators. Within 10 seconds of the

time at which the malfunction is no longer being detected (e.g., the pending DTC is erased through OBD system self

- clearing or through a scan tool command), incrementing of all applicable numerators and denominators must resume.

( e) Standardized tracking and reporting of in

- use monito r performance

(1) General. For monitors required to track and report in

- use monitor performance according to paragraph (d) of this section, the performance data must be tracked and reported in accordance with the specifications in paragraphs (d)(2), (e), and (k)(5) of this section. The OBD system must separately report an in

- use monitor performance numerator and denominator for each of the following components:

( i) For diesel engines, NMHC catalyst bank 1, NMHC catalyst bank 2, NOx catalyst bank 1, NOx ca talyst bank 2, exhaust gas sensor bank 1, exhaust gas sensor bank 2, EGR/VVT system, DPF, boost pressure control system, and NOx adsorber. The OBD system must also report a general denominator and an ignition cycle counter in the standardized format specif ied in paragraphs (e)(5), (e)(6), and (k)(5) of this

section.

( ii) For gasoline engines, catalyst bank 1, catalyst bank 2, exhaust gas sensor bank 1, exhaust gas sensor bank 2, evaporative leak detection system, EGR/VVT system, and secondary air syste m. The OBD system must also report a general denominatorRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 14 of 101 and an ignition cycle counter in the standardized format specified in paragraphs (e)(5), (e)(6), and (k)(5) of this section.

( iii) For specific components or systems that have multiple monitors that are required to be reported under paragraphs (g) and (h) of this section (e.g., exhaust gas sensor bank 1 may have multiple monitors for sensor response or other sensor characteristics), the OBD system must separately track numerators and

denominators for each of the specific monitors and report only the corresponding numerator and denominator for the specific monitor that has the lowest numerical ratio. If two or more specific monitors have identical ratios, the corresponding

numerator and denominator for the specific monitor that has the highest denominator must be reported for the specific component.

( 2) Numerator.

(i) The OBD system must report a separate numerator for each of the applicable components listed in paragraph (e)(1) of this section.

( ii) The numerator(s) must be reported in accordance with the specifications in paragraph (k)(5)(ii) of this section.

( 3) Denominator.

(i) The OBD system must report a separate denominator for each of the applicable components listed in paragraph (e)(1) of t his section.

( ii) The denominator(s) must be reported in accordance with the specifications in paragraph (k)(5)(ii) of this section.

( 4) Monitor performance ratio. For purposes of determining which corresponding numerator and denominator to report as req uired in paragraph (e)(1)(iii) of this section, the ratio must be calculated in accordance with the specifications in paragraph (k)(5)(iii) of this section.

( 5) Ignition cycle counter.

(i) The ignition cycle counter is defined as a counter that indicates the number of ignition cycles a vehicle has experienced according to the specifications of paragraph (e)(5)(ii)(B) of this section. The ignition cycle counter must be reported in accordance with the specifications in paragraph (k)(5)(ii) of this section.

( ii) The ignition cycle counter must be incremented as follows:

( A) The ignition cycle counter, when incremented, must be incremented by an integer of one. The ignition cycle counter shall not be incremented more than once per ignition cycle.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 15 of 101 ( B) The ig nition cycle counter must be incremented within 10 seconds if and only if the engine exceeds an engine speed of 50 to 150 rpm below the normal,

warmed

- up idle speed (as determined in the drive position for engines paired with an automatic transmission) for at least two seconds plus or minus one second.

( iii) Within 10 seconds of detecting a malfunction (i.e., a pending or a MIL

- on DTC has been stored) of any component used to determine if the criteria in paragraph (e)(5)(ii)(B) of this section are satisfie d (i.e., engine speed or time of operation), the OBD system must stop incrementing the ignition cycle counter. Incrementing of the ignition cycle counter shall not be stopped for any other condition. Within 10

seconds of the time at which the malfunction i s no longer being detected (e.g., the pending DTC is erased through OBD system self

- clearing or through a scan tool command), incrementing of the ignition cycle counter must resume.

( 6) General denominator.

(i) The general denominator is defined as a mea sure of the number of times an engine has been operated according to the specifications of paragraph (e)(6)(ii)(B) of this section. The general denominator must be reported in accordance with the specifications in paragraph (k)(5)(ii) of this section.

( ii ) The general denominator must be incremented as follows:

( A) The general denominator, when incremented, must be incremented by an integer of one. The general denominator shall not be incremented more than once per drive cycle.

( B) The general denominato r must be incremented within 10 seconds if and only if the criteria identified in paragraph (d)(4)(ii) of this section are satisfied on a single drive cycle.

( C) Within 10 seconds of detecting a malfunction (i.e., a pending or a MIL

- on DTC has been st ored) of any component used to determine if the criteria in paragraph (d)(4)(ii) of this section are satisfied (i.e., vehicle speed/load, ambient temperature, elevation, idle operation, or time of operation), the OBD system must stop incrementing the gener al denominator. Incrementing of the general denominator shall not be stopped for any other condition (e.g., the disablement criteria in paragraphs (d)(5)(i) and (d)(5)(ii) of this section shall not disable the general denominator). Within 10 seconds of the time at which the malfunction is no longer being detected (e.g., the pending DTC is erased through OBD system

self

- clearing or through a scan tool command), incrementing of the general

denominator must resume.

( f) Malf unction criteria determination.

(1) In determining the malfunction criteria for the diesel engine monitors required under paragraphs (g) and (i) of this section that are required to indicate a malfunctionRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 16 of 101 before emissions exceed an emission threshold based on any applicable standard, the

ma nufacturer must:

( i) Use the emission test cycle and standard (i.e., the transient FTP or the supplemental emissions test (SET)) determined by the manufacturer to provide the most effective monitoring conditions and robust monitor provided all other appli cable requirements of this section are met.

( ii) Identify in the certification documentation required under paragraph (m) of this section, the test cycle and standard determined by the manufacturer to be the most stringent for each applicable monitor and the most effective and robust for each applicable monitor.

( iii) If the Administrator reasonably believes that a manufacturer has determined incorrectly the test cycle and standard that is most stringent or effective, the manufacturer must be able to prov ide emission data and/or engineering analysis supporting their choice of test cycle and standard.

( 2) On engines equipped with emission controls that experience infrequent regeneration events, a manufacturer need not adjust the emission test results that are used to determine the malfunction criteria for monitors that are required to indicate a

malfunction before emissions exceed a certain emission threshold. For each such monitor, should the manufacturer choose to adjust the emission test results, the

man ufacturer must adjust the emission result as done in accordance with the provisions of § 86.004

- 28(i) with the component for which the malfunction criteria are being established having been deteriorated to the malfunction threshold. The adjusted emission v alue must be used for purposes of determining whether or not the applicable emission threshold is exceeded.

( i) For purposes of this paragraph (f)(2), regeneration means an event, by design, during which emissions levels change while the emission control performance is being restored.

( ii) For purposes of this paragraph (f)(2), infrequent means having an expected frequency of less than once per transient FTP cycle.

( 3) For gasoline engines, rather than meeting the malfunction criteria specified under

par agraphs (h) and (i) of this section, the manufacturer may request approval to use an OBD system certified to the requirements of § 86.007

- 17. To do so, the manufacturer must demonstrate use of good engineering judgment in determining equivalent malfunction detection criteria to those required in this section.

( g) OBD monitoring requirements for diesel

- fueled/compression

- ignition engines. The following table shows the thresholds at which point certain components or systems, as specified in this paragraph (g ), are considered malfunctioning.

( 1) Fuel system monitoringRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 17 of 101 (i) General. The OBD system must monitor the fuel delivery system to verify that it is functioning properly. The individual electronic components (e.g., actuators, valves, sensors, pumps) that are used in the fuel system and are not specifically addressed in this paragraph (g)(1) must be monitored in accordance with the requirements of paragraph (i)(3) of this section.

( ii) F uel system malfunction criteria

(A) Fuel system pressure control. The OBD system must monitor the fuel

system ’ s ability to control to the desired fuel pressure. This monitoring must be done continuously unless new hardware has to be added, in which case the monitoring must be done at least once per drive cycle. The OBD syst em must detect a malfunction of the fuel system ’ s pressure control system when the pressure control system is unable to maintain an engine ’ s emissions at or below

the emissions thresholds for “ other monitors ” as shown in Table 1 of this paragraph (g). For engines in which no failure or deterioration of the fuel system pressure control could result in an engine ’ s emissions exceeding the applicable emissions thresholds, the OBD system must detect a malfunction when the system

has reached its control limits su ch that the commanded fuel system pressure cannot be delivered. For model year 2010 to 2012 engines with a unit injector fuel system, this requirement may be met by conducting a functional check of the fuel system pressure control in lieu of monitoring for conditions that could cause an engine ’ s emissions to exceed the applicable emissions thresholds.

(B) Fuel system injection quantity. The OBD system must detect a malfunction of the fuel injection system when the system is unable to deliver the commanded quantity of fuel necessary to maintain an engine ’ s emissions at or below the

emissions thresholds for “ other monitors ” as shown in Table 1 of this paragraph (g). For engines in which no failure or deterioration of the fuel injection quantity

could result i n an engine ’ s emissions exceeding the applicable emissions thresholds, the OBD system must detect a malfunction when the system has reached its control limits such that the commanded fuel quantity cannot be delivered. For model year 2010 to 2012 engines wi th a unit injector fuel system, this requirement may be met by conducting a functional check of the fuel system injection quantity in lieu of monitoring for conditions that could cause an engine ’ s emissions to exceed the applicable emissions thresholds.

( C) Fuel system injection timing. The OBD system must detect a malfunction of the fuel injection system when the system is unable to deliver fuel at the proper crank angle/timing (e.g., injection timing too advanced or too retarded) necessary

to maintain an engine’s emissions at or below the emissions thresholds for “other monitors” as shown in Table 1 of this paragraph (g). For engines in which no failure or deterioration of the fuel injection timing could result in an engine’s emissions exceeding the appli cable emissions thresholds, the OBD system must detect a malfunction when the system has reached its control limits such that theRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 18 of 101 Table 1

– OBD Emissions Thresholds for Diesel

- Fueled/Compression

- Ignition Engines Meant for Placement in Applications Greater Than 14,000 Pounds GVWR (g/bhp

- hr)

Notes: FEL = Family Emissions Limit; 2.5x std means a multiple of 2.5 times the applicable emissions standard; +0.3 means the standard or FEL plus 0.3; 0.05/+0.04 means an absolute level of 0.05 or an

additive level o f the standard or FEL plus 0.04, whichever level is higher; these emissions thresholds apply to the monitoring requirements of paragraph (g) of this § 86.010

- 18.

commanded fuel injection timing cannot be achieved. For model year 2010 to 2012 engines with a unit injector fuel system, this requirement may be met by conducting a functional check of the fuel system injection timing in lieu of monitoring for conditions that could cause an engine ’ s emissions to exceed the applicable emissions thresholds.

( D) C ombined Monitoring. For engines with a unit injector fuel system, the manufacturer may request Administrator approval to combine the malfunction criteria of paragraphs (g)(1)(ii)(A) through (g)(1)(ii)(C) of this section into one malfunction provided the ma nufacturer can demonstrate that the combined malfunction will satisfy the intent of each separate malfunction criteria. For engines with a common rail fuel system, the manufacturer may request Administrator approval to combine the malfunction criteria of p aragraphs (g)(1)(ii)(B) through (g)(1)(ii)(C) of this section into one malfunction provided the manufacturer can demonstrate that the combined malfunction will satisfy the intent of each separate malfunction criteria.

( E) Fuel system feedback control. See paragraph (i)(6) of this section.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 19 of 101 ( iii) Fue l system monitoring conditions.

(A) With the exceptions noted in this paragraph for unit injector systems, the OBD system must monitor continuously for malfunctions identified in paragraphs (g)(1)(ii)(A) and (g )(1)(ii)(E) of this section. For 2010 through 2012 unit injector systems, where functional monitoring is done in lieu of emission threshold monitoring for malfunctions identified in paragraph (g)(1)(ii)(A) of this section,

the manufacturer must define the monitoring conditions in accordance with paragraphs (c) and (d) of this section. For 2013 and later unit injector systems, the manufacturer must define the monitoring conditions for malfunctions identified in paragraph (g)(1)(ii)(A) of this section in acco rdance with paragraphs (c) and (d) of this section, with the exception that monitoring must occur every time the monitoring conditions are met during the drive cycle rather than once per drive cycle as required in paragraph (c)(2) of this section.

( B) For 2010 through 2012, the manufacturer must define the monitoring conditions for malfunctions identified in paragraphs (g)(1)(ii)(B), (g)(1)(ii)(C), and (g)(1)(ii)(D) of this section in accordance with paragraphs (c) and (d) of this

section. For 2013 and lat er, the manufacturer must define the monitoring conditions in accordance with paragraphs (c) and (d) of this section, with the exception that monitoring must occur every time the monitoring conditions are met during the drive cycle rather than once per dri ve cycle as required in paragraph (c)(2) of this section.

( iv) Fuel system MIL activation and DTC storage. The MIL must activate and DTCs must be stored according to the provisions of paragraph (b) of this section.

( 2) Engine misfire monitoring

(i) Gene ral. The OBD system must monitor the engine for misfire causing excess

emissions.

( ii) Engine misfire malfunction criteria.

(A) The OBD system must be capable of detecting misfire occurring in one or more cylinders. To the extent possible without adding hardware for this specific purpose, the OBD system must also identify the specific misfiring cylinder. If more than one cylinder is misfiring continuously, or if more than one but less than half of the cylinders are misfiring continuously (if the manufactu rer can demonstrate the robustness of their monitor to the approval of the Administrator), a separate DTC must be stored indicating that multiple cylinders are misfiring. When identifying multiple cylinder misfire, the OBD system is not required to

identif y individually through separate DTCs each of the continuously misfiring cylinders.

( B) For model years 2013 and later, on engines equipped with sensors that can detect combustion or combustion quality (e.g., for use in engines withRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 20 of 101 homogeneous charge comp ression ignition (HCCI) control systems), the OBD system must detect a misfire malfunction causing emissions to exceed the applicable thresholds for “ other monitors ” shown in Table 1 of this paragraph (g).

To determine what level of misfire would cause emi ssions to exceed the applicable emissions thresholds, the manufacturer must determine the percentage of misfire evaluated in 1,000 revolution increments that would cause emissions from an emission durability demonstration engine to exceed the emissions

thr esholds if the percentage of misfire were present from the beginning of the test. To establish this percentage of misfire, the manufacturer must use misfire events occurring at equally spaced, complete engine cycle intervals, across randomly selected cylin ders throughout each 1,000

- revolution increment. If this percentage of misfire is determined to be lower than one percent, the manufacturer may set the malfunction criteria at one percent. Any misfire malfunction must be detected if the percentage of misfi re established via this testing is exceeded regardless of the pattern of misfire events (e.g., random, equally spaced, continuous). The manufacturer may employ other revolution increments besides the 1,000 revolution increment. To do so, the manufacturer m ust demonstrate that the strategy is equally effective and timely in detecting misfire.

( iii) Engine mi sfire monitoring conditions.

(A) The OBD system must monitor for engine misfire during engine idle conditions at least once per drive cycle in which th e monitoring conditions for misfire are met. The manufacturer must be able to demonstrate via engineering analysis and/or data that the self

- defined monitoring conditions: are technically necessary to ensure robust detection of malfunctions (e.g., avoid fa lse passes and false detection of malfunctions); require no more than 1000 cumulative engine revolutions; and, do not require any single continuous idle operation of more than 15 seconds to make a determination that a malfunction is present (e.g., a decisi on can be made with data gathered during several i dle operations of 15 seconds or less); or, satisfy the requirements of paragraph (c) of this section with alternative engine operating conditions.

( B) Manufacturers may employ alternative monitoring condit ions (e.g., off

- idle) provided the manufacturer is able to demonstrate that the alternative monitoring ensure equivalent robust detection of malfunctions and equivalent timeliness in

detection of malfunctions.

( C) For model years 2013 and later, on engine s equipped with sensors that can detect combustion or combustion quality the OBD system must monitor continuously for engine misfire under all positive torque engine speed and load conditions. If a monitoring system cannot detect all misfire patterns under all required engine speed and load conditions, the manufacturer may request that the Administrator approve the monitoring system nonetheless. In evaluating the

manufacturer ’ s request, the Administrator will consider the following factors: the magnitude of the region(s) in which misfire detection is limited; the degree to which misfire detection is limited in the region(s) (i.e., the probability of detectionRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 21 of 101 of misfire events); the frequency with which said region(s) are expected to be

encountered in

- use; t he type of misfire patterns for which misfire detection is troublesome; and demonstration that the monitoring technology employed is not inherently incapable of detecting misfire under required conditions (i.e., compliance can be achieved on other engines) . The evaluation will be based on the following misfire patterns: equally spaced misfire occurring on randomly selected cylinders; single cylinder continuous misfire; and, paired cylinder (cylinders firing at the same crank angle) continuous misfire.

( iv) Engine misfire MIL activation and DTC storage.

(A) General requirements for MIL activation and DTC storage are set forth in paragraph (b) of this section.

( B) For model years 2013 and later, on engines equipped with sensors that can

detect combustion or combustion quality, upon detection of the percentage of misfire specified in paragraph (g)(2)(ii)(B) of this section, the following criteria shall apply for MIL activation and DTC storage: A pending DTC must be stored

no later than after the fourth exceed ance of the percentage of misfire specified in paragraph (g)(2)(ii) of this section during a single drive cycle; if a pending fault code has been stored, the OBD system must activate the MIL and store a MIL

- on DTC within 10 seconds if the percentage of mis fire specified in paragraph (g)(2)(ii) of this section is again exceeded four times during the drive cycle immediately following storage of the pending DTC, regardless of the conditions encountered during the drive cycle, or on the next drive cycle in whic h similar conditions are encountered to those that were occurring when the pending DTC was stored. Similar conditions means an engine speed within 375 rpm, engine load within 20 percent, and the same warm up status (i.e., cold or hot). The

Administrator ma y approve other definitions of similar conditions based on comparable timeliness and reliability in detecting similar engine operation. The pending DTC may be erased at the end of the next drive cycle in which similar

conditions are encountered to those th at were occurring when the pending DTC was stored provided the specified percentage of misfire was not again exceeded. The pending DTC may also be erased if similar conditions are not encountered during the 80 drive cycles immediately following initial det ection of the

malfunction.

( C) For model years 2013 and later, on engines equipped with sensors that can detect combustion or combustion quality, the OBD system must store and erase freeze frame conditions either in conjunction with storing and erasing a pending DTC or in conjunction with storing and erasing a MIL

- on DTC. If freeze frame

conditions are stored for a malfunction other than a misfire malfunction when a DTC is stored as specified in paragraph (g)(2)(iv)(B) of this section, the stored

freeze fr ame information must be replaced with the freeze frame information regarding the misfire malfunction.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 22 of 101 ( D) For model years 2013 and later, on engines equipped with sensors that can detect combustion or combustion quality, upon detection of misfire accordin g to paragraph (g)(2)(iv)(B) of this section, the OBD system must also store the following engine conditions: engine speed, load, and warm up status of the first misfire event that resulted in the storage of the pending DTC.

( E) For model years 2013 and l ater, on engines equipped with sensors that can detect combustion or combustion quality, the MIL may be deactivated after three sequential drive cycles in which similar conditions have been encountered without an exceedance of the specified percentage of m isfire.

( 3) EGR system monitoring

(i) General. The OBD system must monitor the EGR system on engines so equipped for low flow rate, high flow rate, and slow response malfunctions. For engines equipped with EGR coolers (e.g., heat exchangers), the OBD sys tem must monitor the cooler for insufficient cooling malfunctions. The individual electronic components (e.g., actuators, valves, sensors) that are used in the EGR system must be monitored in accordance with the comprehensive component requirements in

para graph (i)(3) of this section.

( ii) EGR system malfunction criteria

(A) EGR low flow. The OBD system must detect a malfunction of the EGR system prior to a decrease from the manufacturer ’ s specified EGR flow rate that would cause an engine ’ s emissions to exceed the emissions thresholds for “ other

monitors ” as shown in Table 1 of this paragraph (g). For engines in which no failure or deterioration of the EGR system that causes a decrease in flow could result in an engine ’ s emissions exceeding the applicable emissions thresholds, the OBD system must detect a malfunction when the system has reached its control

limits such that it cannot increase EGR flow to achieve the commanded flow rate.

( B) EGR high flow. The OBD system must detect a malfunction of the EGR system, including a leaking EGR valve (i.e., exhaust gas flowing through the valve when the valve is commanded closed) prior to an increase from the

manufacturer ’ s specified EGR flow rate that would cause an engine ’ s emissions

to exceed the emissions thre sholds for “ other monitors ” as shown in Table 1 of this paragraph (g). For engines in which no failure or deterioration of the EGR system that causes an increase in flow could result in an engine ’ s emissions exceeding the applicable emissions thresholds, t he OBD system must detect a malfunction when the system has reached its control limits such that it cannot

reduce EGR flow to achieve the commanded flow rate.

( C) EGR slow response. The OBD system must detect a malfunction of the EGR system prior to any f ailure or deterioration in the capability of the EGR system to

achieve the commanded flow rate within a manufacturer

- specified time that would cause an engine ’ s emissions to exceed the emissions thresholds for “ otherRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 23 of 101 monitors ” as shown in Table 1 of this p aragraph (g). The OBD system must monitor both the capability of the EGR system to respond to a commanded increase in flow and the capability of the EGR system to respond to a commanded

decrease in flow.

( D) EGR system feedback control. See paragraph (i)( 6) of this section.

( E) EGR cooler performance. The OBD system must detect a malfunction of the EGR cooler prior to a reduction from the manufacturer ’ s specified cooling performance that would cause an engine ’ s emissions to exceed the emissions

thresholds for “ other monitors ” as shown in Table 1 of this paragraph (g). For engines in which no failure or deterioration of the EGR cooler could result in an engine ’ s emissions exceeding the applicable emissions thresholds, the OBD system must detect a malfunctio n when the system has no detectable amount of EGR cooling.

( iii) EG R system monitoring conditions.

(A) The OBD system must monitor continuously for malfunctions identified in paragraphs (g)(3)(ii)(A), (g)(3)(ii)(B), and (g)(3)(ii)(D) of this section.

( B ) The manufacturer must define the monitoring conditions for malfunctions identified in paragraph (g)(3)(ii)(C) of this section in accordance with paragraphs (c) and (d) of this section, with the exception that monitoring must occur every

time the monitori ng conditions are met during the drive cycle rather than once per drive cycle as required in paragraph (c)(2) of this section. For purposes of tracking and reporting as required in paragraph (d)(1) of this section, all monitors

used to detect malfunctions identified in paragraph (g)(3)(ii)(C) of this section must be tracked separately but reported as a single set of values as specified in paragraph (e)(1)(iii) of this section.

( C) The manufacturer must define the monitoring conditions for malfunctions

iden tified in paragraph (g)(3)(ii)(E) of this section in accordance with paragraphs (c) and (d) of this section. For purposes of tracking and reporting as required in paragraph (d)(1) of this section, all monitors used to detect malfunctions identified in para graph (g)(3)(ii)(E) of this section must be tracked separately but reported as a single set of values as specified in paragraph (e)(1)(iii) of this

section.

( D) The manufacturer may request Administrator approval to disable temporarily the EGR system moni tor(s) under specific ambient conditions (e.g., when freezing may affect performance of the system) or during specific operating conditions (e.g., transients, extreme low or high flow conditions). The manufacturer must be

able to demonstrate via data or en gineering analysis that a reliable system monitor cannot be run when these conditions exist because it cannot robustly distinguish between a malfunctioning system and a properly operating system. TheRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 24 of 101 manufacturer is still required to maintain comprehensive component monitoring as required in paragraph (i)(3) of this section.

( iv) EGR system MIL activation and DTC storage. The MIL must activate and DTCs must be stored according to the provisions of paragraph (b) of this section.

( 4) Turbo boost control system monitoring

(i) General. The OBD system must monitor the boost pressure control system (e.g., turbocharger) on engines so equipped for under and over boost malfunctions. For engines equipped with variable geometry turbochargers (VGT), the OBD syste m must monitor the VGT system for slow response malfunctions. For engines equipped with charge air cooler systems, the OBD system must monitor the charge air cooler system for cooling system performance malfunctions. The individual electronic components (e .g., actuators, valves, sensors) that are used in the boost pressure control system must be monitored in accordance with the comprehensive component requirements in paragraph (i)(3) of this section.

( ii) Turbo boost control system malfunction criteria

(A ) Turbo underboost. The OBD system must detect a malfunction of the boost pressure control system prior to a decrease from the manufacturer ’ s commanded boost pressure, or expected boost pressure on engines not equipped with a boost pressure control system, that would cause an engine ’ s emissions to exceed the

emissions thresholds for “ other monitors ” as shown in Table 1 of this paragraph (g). For engines in which no failure or deterioration of the boost pressure control system that causes a decrease in boost could result in an engine ’ s emissions exceeding the applicable emissions thresholds, the OBD system must detect a malfunction when the system has reached its control limits such that it cannot increase boost to achieve the commanded boost pressure.

( B) T urbo overboost. The OBD system must detect a malfunction of the boost pressure control system on engines so equipped prior to an increase from the

manufacturer ’ s commanded boost pressure that would cause an engine ’ s emissions to exceed the emissions thresh olds for “ other monitors ” as shown in Table 1 of this paragraph (g). For engines in which no failure or deterioration of the boost pressure control system that causes an increase in boost could result in an engine ’ s emissions exceeding the applicable emiss ions thresholds, the OBD system must detect a malfunction when the system has reached its control limits such that it cannot decrease boost to achieve the commanded boost pressure.

( C) VGT slow response. The OBD system must detect a malfunction prior to a ny failure or deterioration in the capability of the VGT system on engines so equipped to achieve the commanded turbocharger geometry within a

manufacturer

- specified time that would cause an engine ’ s emissions to exceed the

emissions thresholds for “ other monitors ” as shown in Table 1 of this paragraph (g). For engines in which no failure or deterioration of the VGT system responseRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 25 of 101 could result in an engine ’ s emissions exceeding the applicable emissions thresholds, the OBD system must detect a malfunction o f the VGT system when proper functional response of the system to computer commands does not occur.

( D) Turbo boost feedback control. See paragraph (i)(6)of this section.

( E) Charge air undercooling. The OBD system must detect a malfunction of the charge air cooling system prior to a decrease from the manufacturer ’ s specified cooling rate that would cause an engine ’ s emissions to exceed the emissions

thresholds for “ other monitors ” as shown in Table 1 of this paragraph (g). For engines in which no failure or deterioration of the charge air cooling system that causes a decrease in cooling performance could result in an engine ’ s emissions exceeding the applicable emissions thresholds, the OBD system must detect a malfunction when the system has no detectable amount of charge air cooling.

( iii) Tur bo boost monitoring conditions.

(A) The OBD system must monitor continuously for malfunctions identified in paragraphs (g)(4)(ii)(A), (g)(4)(ii)(B), and (g)(4)(ii)(D) of this section.

( B) The manufacturer must def ine the monitoring conditions for malfunctions identified in paragraph (g)(4)(ii)(C) of this section in accordance with paragraphs (c) and (d) of this section, with the exception that monitoring must occur every time the monitoring conditions are met durin g the drive cycle rather than once per drive cycle as required in paragraph (c)(2) of this section. For purposes of tracking and reporting as required in paragraph (d)(1) of this section, all monitors used to detect malfunctions identified in paragraph (g) (4)(ii)(C) of this section must be tracked separately but reported as a single set of values as specified in paragraph (e)(1)(iii) of this section.

( C) The manufacturer must define the monitoring conditions for malfunctions identified in paragraph (g)(4)( ii)(E) of this section in accordance with paragraphs (c) and (d) of this section. For purposes of tracking and reporting as required in paragraph (d)(1) of this section, all monitors used to detect malfunctions identified in paragraph (g)(4)(ii)(E) of this section must be tracked separately but reported as a single set of values as specified in paragraph (e)(1)(iii) of this

section.

( D) The manufacturer may request Administrator approval to disable temporarily the turbo boost system monitor(s) during speci fic operating conditions (e.g., transients, extreme low or high flow conditions). The manufacturer must be able to demonstrate via data or engineering analysis that a reliable system monitor

cannot be run when these conditions exist because it cannot robus tly distinguish between a malfunctioning system and a properly operating system. The manufacturer is still required to maintain comprehensive component monitoring as required in paragraph (i)(3) of this section.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 26 of 101 ( iv) Turbo boost system MIL activation and DTC storage. The MIL must activate and DTCs must be stored according to the provisions of paragraph (b) of this

section.

( 5) NMHC converting catalyst monitoring

(i) General. The OBD system must monitor the NMHC converting catalyst(s) for proper NMHC conv ersion capability. For purposes of this paragraph (g)(5), each catalyst that converts NMHC must be monitored either individually or in combination with others. For purposes of this paragraph (g)(5), NMHC conversion that may occur over the DPF or other afte rtreatment devices is not included.

( ii) NMHC convertin g catalyst malfunction criteria

(A) NMHC converting catalyst conversion efficiency. The OBD system must detect a malfunction when the catalyst has no detectable amount of NMHC conversion capability.

( B) NMHC converting catalyst aftertreatment assistance functions. For catalysts used to generate an exotherm to assist DPF regeneration, the OBD system must detect a malfunction when the catalyst is unable to generate a sufficient exotherm

to achieve DPF regeneration. In meeting this requirement, the OBD system must detect a malfunction when the DOC is unable to generate a temperature rise of 100 degrees C, or to reach the necessary DPF regeneration temperature, within 60 seconds of initiating an active DP F regeneration. Further, the OBD system must detect a malfunction when the DOC is unable to sustain the necessary regeneration temperature for the duration of the regeneration event. The OBD or control system must abort the regeneration if the regeneration temperature has not been reached within five minutes of initiating an active regeneration event, or if the regeneration temperature cannot be sustained for the duration of the regeneration event. As an alternative to these specific malfunction criteria, t he manufacturer may employ different criteria. To do so, the manufacturer must submit a description with supporting data, subject to Administrator approval, of their DPF regeneration monitoring strategy. The Administrator will consider the

strategy ’ s equiv alence to the specific criteria stated in this paragraph when considering the request. Also as an alternative to these specific malfunction criteria, the manufacturer may employ an OBD monitor that detects a catalyst malfunction when the catalyst conversio n capability decreases to the point that NMHC emissions exceed 2.5 times the applicable NMHC emission standard but must adjust emission test results pursuant to paragraph (f)(2) of this section. For catalysts located downstream of a DPF and used to convert NMHC emissions during DPF regeneration, the OBD system must detect a malfunction when the catalyst has no detectable amount of NMHC conversion capability unless the manufacturer can demonstrate that deterioration or malfunction of the catalyst

will not re sult in emissions that exceed the applicable NMHC standard.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 27 of 101 ( iii) NMHC converting catalyst monitoring conditions. The manufacturer must define the monitoring conditions for malfunctions identified in paragraphs (g)(5)(ii)(A) and (g)(5)(ii)(B) of this sect ion in accordance with paragraphs (c) and (d) of this section. For purposes of tracking and reporting as required in paragraph (d)(1) of this section, all monitors used to detect malfunctions identified in paragraphs (g)(5)(ii)(A) and (g)(5)(ii)(B) of this section must be tracked separately but reported as a single set of values as specified in paragraph (e)(1)(iii) of this

section.

( iv) NMHC converting catalyst MIL activation and DTC storage. The MIL must activate and DTCs must be stored according to the provisions of paragraph (b) of this section. The monitoring method for the NMHC converting catalyst(s) must be capable of detecting all instances, except diagnostic self

- clearing, when a catalyst DTC has been erased but the catalyst has not been replaced ( e.g., catalyst over

temperature histogram approaches are not acceptable).

( 6) Selective catalytic reduction (SCR) and lean NOx catalyst monitoring

(i) General. The OBD system must monitor the SCR and/or the lean NOx converting catalyst(s) for proper conv ersion capability. For engines equipped with SCR systems or other catalyst systems that use an active/intrusive reductant injection (e.g., active lean NOx catalysts that use diesel fuel post

- injection or in

exhaust injection), the OBD system must monitor t he active/intrusive reductant injection system for proper performance. The individual electronic components (e.g., actuators, valves, sensors, heaters, pumps) in the active/intrusive reductant injection system must be monitored in accordance with the compr ehensive component requirements in paragraph (i)(3) of this section. For purposes of this paragraph (g)(6), each catalyst that converts NOx must be monitored either individually or in combination with others.

( ii) SCR and lean NOx catalyst malfunction cri teria

(A) SCR and lean NOx catalyst conversion efficiency. The OBD system must detect a catalyst malfunction when the catalyst conversion capability decreases to the point that would cause an engine ’ s emissions to exceed the emissions

thresholds for NOx a ftertreatment systems as shown in Table 1 of this paragraph (g). If no failure or deterioration of the catalyst NOx conversion capability could result in an engine ’ s emissions exceeding any of the applicable emissions thresholds, the OBD system must detect a malfunction when the catalyst has no

detectable amount of NOx conversion capability.

( B) SCR and lean NOx catalyst active/intrusive reductant delivery performance. The OBD system must detect a malfunction prior to any failure or deterioration of the sy stem to properly regulate reductant delivery (e.g., urea injection, separate injector fuel injection, post injection of fuel, air assisted injection/mixing) that would cause an engine ’ s emissions to exceed any of the applicable emissions

thresholds for NOx aftertreatment systems as shown in Table 1 of this paragraphRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 28 of 101 (g). If no failure or deterioration of the reductant delivery system could result in an engine ’ s emissions exceeding any of the applicable thresholds, the OBD system must detect a malfunction wh en the system has reached its control limits such that it is no longer able to deliver the desired quantity of reductant.

( C) SCR and lean NOx catalyst active/intrusive reductant quantity. If the SCR or

lean NOx catalyst system uses a reductant other than the fuel used for the engine, or uses a reservoir/tank for the reductant that is separate from the fuel tank used for the engine, the OBD system must detect a malfunction when there is no longer sufficient reductant available (e.g., the reductant tank is empty).

( D) SCR and lean NOx catalyst active/intrusive reductant quality. If the SCR or

lean NOx catalyst system uses a reservoir/tank for the reductant that is separate from the fuel tank used for the engine, the OBD system must detect a malfunction

when an improper reductant is used in the reductant reservoir/tank (e.g., the reductant tank is filled with something other than the reductant).

( E) SCR and lean NOx catalyst active/intrusive reductant feedback control. See paragraph (i)(6) of this section.

( iii) SCR and lean NOx catalyst monitoring conditions.

(A) The manufacturers must define the monitoring conditions for malfunctions identified in paragraphs (g)(6)(ii)(A) and (g)(6)(ii)(D) of this section in accordance with paragraphs (c) and (d) of this section. For purposes of tracking and reporting as required in paragraph (d)(1) of this section, all monitors used to detect malfunctions identified in paragraph (g)(6)(ii)(A) of this section must be tracked separately but reported as a single set of value s as specified in paragraph (e)(1)(iii) of this section.

( B) The OBD system must monitor continuously for malfunctions identified in paragraphs (g)(6)(ii)(B), (g)(6)(ii)(C), and (g)(6)(ii)(E) of this section.

( iv) SCR and lean NOx catalyst MIL activation and DTC storage.

(A) For malfunctions identified in paragraph (g)(6)(ii)(A) of this section, the MIL must activate and DTCs must be stored according to the provisions of paragraph (b) of this section.

( B) For malfunctions identified in paragraphs (g)(6) (ii)(B), (g)(6)(ii)(C), and (g)(6)(ii)(D) of this section, the manufacturer may delay activating the MIL if the vehicle is equipped with an alternative indicator for notifying the vehicle operator

of the malfunction. The alternative indicator must be of su fficient illumination and be located such that it is readily visible to the vehicle operator under all lighting conditions. If the vehicle is not equipped with such an alternative indicator and the OBD MIL activates, the MIL may be immediately deactivated and the corresponding DTC(s) erased once the OBD system has verified that theRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 29 of 101 reductant tank has been refilled properly and the MIL has not been activated for any other malfunction. The Administrator may approve other strategies that provide equivalent ass urance that a vehicle operator would be promptly notified

and that corrective action would be taken.

( C) The monitoring method for the SCR and lean NOx catalyst(s) must be capable of detecting all instances, except diagnostic self

- clearing, when a catalys t DTC(s) has been erased but the catalyst has not been replaced (e.g., catalyst over

temperature histogram approaches are not acceptable).

( 7) NOx adsorber system monitoring

(i) General. The OBD system must monitor the NOx adsorber on engines so

equipped for proper performance. For engines equipped with active/intrusive injection (e.g., in

- exhaust fuel and/or air injection) to achieve desorption of the NOx adsorber, the OBD system must monitor the active/intrusive injection system for proper performance. The individual electronic components (e.g., injectors, valves, sensors) that are used in the active/intrusive injection system must be monitored in accordance with the comprehensive component requirements in paragraph (i)(3) of

this section.

( ii) NOx adso r ber system malfunction criteria

(A) NOx adsorber system capability. The OBD system must detect a NOx adsorber malfunction when its capability (i.e., its combined adsorption and conversion capability) decreases to the point that would cause an engine ’ s NO x emissions to exceed the emissions thresholds for NOx aftertreatment systems as shown in Table 1 of this paragraph (g). If no failure or deterioration of the NOx adsorber capability could result in an engine ’ s NOx emissions exceeding the applicable emissi ons thresholds, the OBD system must detect a malfunction when the system has no detectable amount of NOx adsorber capability.

( B) NOx adsorber system active/intrusive reductant delivery performance. For

NOx adsorber systems that use active/intrusive injec tion (e.g., in

- cylinder post fuel injection, in

- exhaust air

- assisted fuel injection) to achieve desorption of the

NOx adsorber, the OBD system must detect a malfunction if any failure or deterioration of the injection system ’ s ability to properly regulate injection causes the system to be unable to achieve desorption of the NOx adsorber.

( C) NOx adsorber system feedback control. Malfunction criteria for the NOx

adsorber and the NOx adsorber active/instrusive reductant delivery system are contained in parag raph (i)(6) of this section.

( iii) NOx adsorbe r system monitoring conditions.

(A) The manufacturer must define the monitoring conditions for malfunctions identified in paragraph (g)(7)(ii)(A) of this section in accordance with paragraphsRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 30 of 101 (c) and (d) of t his section. For purposes of tracking and reporting as required in paragraph (d)(1) of this section, all monitors used to detect malfunctions identified in paragraph (g)(7)(ii)(A) of this section must be tracked separately but reported as a single set of v alues as specified in paragraph (e)(1)(iii) of this

section.

( B) The OBD system must monitor continuously for malfunctions identified in paragraphs (g)(7)(ii)(B) and (g)(7)(ii)(C) of this section.

( iv) NOx adsorber system MIL activation and DTC storage. The MIL must activate and DTCs must be stored according to the provisions of paragraph (b) of this

section.

( 8) Diesel particulate filter (DPF) system monitoring

(i) General. The OBD system must monitor the DPF on engines so

- equipped for proper performan ce. For engines equipped with active regeneration systems that use an active/intrusive injection (e.g., in

- exhaust fuel injection, in

- exhaust fuel/air burner), the OBD system must monitor the active/intrusive injection system for proper performance. The in dividual electronic components (e.g., injectors, valves, sensors) that are used in the active/intrusive injection system must be monitored in accordance with the comprehensive component requirements in paragraph (i)(3) of

this section.

( ii) DPF system mal function criteria

(A) DPF filtering performance. The OBD system must detect a malfunction prior to a decrease in the PM filtering capability of the DPF (e.g., cracking, melting, etc.) that would cause an engine ’ s PM emissions to exceed the emissions

thres holds for DPF systems as shown in Table 1 of this paragraph (g). If no failure or deterioration of the PM filtering performance could result in an engine ’ s PM emissions exceeding the applicable emissions thresholds, the OBD system must

detect a malfunction when no detectable amount of PM filtering occurs. As an alternative to a threshold monitor, the OBD system, on model year 2010 through 2012 engines only, can be designed to detect a malfunction based on a detectable decrease in the expected pressure drop across the DPF for a period of 5 seconds or more. The monitoring area for this alternative is determined using engine speed and load points defined in test cycles and procedures for the supplemental emissions test (SET) under § 86.1360

- 2007. The monitoring area shall include all engine speed and load points greater than a region bounded by a line connecting mode numbers 2, 6, 3, and 13 (i.e. A100, A75, B50, and C50). At engine speeds greater than “ speed C ” , the monitor shall run whenever engine load is grea ter than 50%. For purposes of this paragraph, the detectable change in pressure drop is determined by operating the engine at the B50 engine speed and load point (as described in the SET test procedures), observing the pressure drop on a clean,

nominal DPF , and multiplying the observed pressure drop by 0.5 or other factor supported by data and approved by the Administrator. The detectable change inRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 31 of 10 1 pressure drop shall be reported in units of kilopascals (kPa). At time of certification, manufacturers shall p rovide the detectable change in pressure drop value along with OBD data stream parameters recorded with a clean DPF under the following nine engine speed/load operating points of the SET: A50, A75, A100, B50, B75, B100, C50, C75, and C100. The OBD data str eam pararmeters to be reported are described in (k)(4)(ii) of this section and shall include the following: Engine speed; calculated load; air flow rate from mass air flow sensor (if so equipped); fuel rate; and DPF delta pressure.

( B) DPF regeneration fr equency. The OBD system must detect a malfunction when the DPF regeneration frequency increases from (i.e., occurs more often than) the manufacturer ’ s specified regeneration frequency to a level such that it would cause an engine ’ s NMHC emissions to exceed the emissions threshold for DPF systems as shown in Table 1 of this paragraph (g). If no such regeneration frequency exists that could cause NMHC emissions to exceed the applicable emission threshold, the OBD system must detect a malfunction when the DPF regeneration frequency exceeds the manufacturer ’ s specified design limits for allowable regeneration frequency.

( C) DPF incomplete regeneration. The OBD system must detect a regeneration malfunction when the DPF does not properly regenerate under manufact urer

defined conditions where regeneration is designed to occur.

( D) DPF missing substrate. The OBD system must detect a malfunction if either the DPF substrate is completely destroyed, removed, or missing, or if the DPF assembly has been replaced with a muffler or straight pipe.

( E) DPF system active/intrusive injection. For DPF systems that use active/intrusive injection (e.g., in

- cylinder post fuel injection, in

- exhaust air

assisted fuel injection) to achieve regeneration of the DPF, the OBD system mus t detect a malfunction if any failure or deterioration of the injection system ’ s ability to properly regulate injection causes the system to be unable to achieve regeneration of the DPF.

( F) DPF regeneration feedback control. See paragraph (i)(6) of this section.

( iii) DPF monitoring conditions. The manufacturer must define the monitoring conditions for malfunctions identified in paragraph (g)(8)(ii) of this section in accordance with paragraphs (c) and (d) of this section, with the exception that

monitor ing must occur every time the monitoring conditions are met during the drive cycle rather than once per drive cycle as required in paragraph (c)(2) of this section. For OBD systems designed to the alternative malfunction criteria of paragraph (g)(8)(ii)(A) of this section, the alternative DPF monitor shall run continuously whenever engine speed and load conditions are within the monitoring area described in paragraph (g)(8)(ii)(A). The OBD system may make a malfunction or potential malfunction determination during any successful monitoring event but shall include in the enable criteria of any subsequentRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 32 of 101 monitoring events a confirmed successful and complete DPF regeneration. The subsequent monitoring events must be conducted within an operating period that

en sures that the detected malfunction has not “ healed ” due to trapped particulates in the compromised portion of the DPF substrate. For purposes of tracking and reporting as required in paragraph (d)(1) of this section, all monitors used to detect

malfunctio ns identified in paragraph (g)(8)(ii) of this section must be tracked separately but reported as a single set of values as specified in paragraph (e)(1)(iii)

of this section.

( iv)DPF system MIL activation and DTC storage. The MIL must activate and DTCs

mu st be stored according to the provisions of paragraph (b) of this section.

( 9) Exhaust gas sens or and sensor heater monitoring

(i) General. The OBD system must monitor for proper output signal, activity, response rate, and any other parameter that can af fect emissions, all exhaust gas sensors (e.g., oxygen, air

- fuel ratio, NOx ) used for emission control system feedback (e.g., EGR control/feedback, SCR control/feedback, NOx adsorber control/feedback) and/or as a monitoring device. For engines equipped with heated exhaust gas sensors, the OBD system must monitor the heater for proper performance.

( ii) Malfunction criteria for air

- fuel ratio sensors located upstream of aftertreatment

devices

(A) Sensor performance. The OBD system must detect a malfunction p rior to any failure or deterioration of the sensor voltage, resistance, impedance, current, response rate, amplitude, offset, or other characteristic(s) that would cause an engine ’ s emissions to exceed the emissions thresholds for “ other monitors ” as shown in Table 1 of this paragraph (g).

( B) Circuit integrity. The OBD system must detect malfunctions of the sensor related to a lack of circuit continuity or signal out

- of

- range values.

( C) Feedback function. The OBD system must detect a malfunction of the sensor if the emission control system (e.g., EGR, SCR, or NOx adsorber) is unable to use that sensor as a feedback input (e.g., causes limp

- home or open

- loop operation).

( D) Monitoring function. To the extent feasible, the OBD system must detect a

malfunc tion of the sensor when the sensor output voltage, resistance, impedance, current, amplitude, activity, offset, or other characteristics are no longer sufficient for use as an OBD system monitoring device (e.g., for catalyst, EGR, SCR, or

NOx adsorber moni toring).

( iii) Malfunction criteria for air

- fuel ratio sensors located downs tream of

aftertreatment devicesRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 33 of 101 (A) Sensor performance. The OBD system must detect a malfunction prior to any failure or deterioration of the sensor voltage, resistance, impedanc e, current, response rate, amplitude, offset, or other characteristic(s) that would cause an engine ’ s emissions to exceed the emissions thresholds for air

- fuel ratio sensors downstream of aftertreatment devices as shown in Table 1 of this paragraph (g).

( B) Circuit integrity. The OBD system must detect malfunctions of the sensor related to a lack of circuit continuity or signal out

- of

- range values.

( C) Feedback function. The OBD system must detect a malfunction of the sensor if the emission control system (e.g., EGR, SCR, or NOx absorber) is unable to use that sensor as a feedback input (e.g., causes limp

- home or open

- loop operation).

( D) Monitoring function. To the extent feasible, the OBD system must detect a

malfunction of the sensor when the sensor ou tput voltage, resistance, impedance, current, amplitude, activity, offset, or other characteristics are no longer sufficient for use as an OBD system monitoring device (e.g., for catalyst, EGR, SCR, or

NOx absorber monitoring).

( iv) Malfunction criteria f or NOx sensors

(A) Sensor performance. The OBD system must detect a malfunction prior to any failure or deterioration of the sensor voltage, resistance, impedance, current, response rate, amplitude, offset, or other characteristic(s) that would cause an

e ngine ’ s emissions to exceed the emissions thresholds for NOx sensors as shown in Table 1 of this paragraph (g).

( B) Circuit integrity. The OBD system must detect malfunctions of the sensor related to a lack of circuit continuity or signal out

- of

- range val ues.

( C) Feedback function. The OBD system must detect a malfunction of the sensor if the emission control system (e.g., EGR, SCR, or NOx adsorber) is unable to use that sensor as a feedback input (e.g., causes limp

- home or open

- loop operation).

( D) Moni toring function. To the extent feasible, the OBD system must detect a malfunction of the sensor when the sensor output voltage, resistance, impedance, current, amplitude, activity, offset, or other characteristics are no longer sufficient

for use as an OBD system monitoring device (e.g., for catalyst, EGR, SCR, or

NOx adsorber monitoring).

( v) Malfunction criteria for other exhaust gas sensors. For other exhaust gas sensors, the manufacturer must submit a monitoring plan to the Administrator for approval. The plan must include data and/or engineering evaluations that demonstrate that the monitoring plan is as reliable and effective as the monitoring required in paragraphs (g)(9)(ii), (g)(9)(iii), (g)(9)(iv) of this section.

( vi) Malfunction criteria for ex haust gas sensor heaters.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 34 of 101 (A) The OBD system must detect a malfunction of the heater performance when the current or voltage drop in the heater circuit is no longer within the

manufacturer ’ s specified limits for normal operation (i.e., within the criteria required to be met by the component vendor for heater circuit performance at high mileage). The manufacturer may use other malfunction criteria for heater performance malfunctions. To do so, the manufacturer must be able to

demonstrate via data and/or an engineering evaluation that the monitor is reliable

and robust.

( B) The OBD system must detect malfunctions of the heater circuit including open or short circuits that conflict with the commanded state of the heater (e.g.,

shorted to 12 Volts when command ed to 0 Volts (ground)).

( vii) Monitoring conditions for exhaust gas sensors.

(A) The manufacturer must define the monitoring conditions for malfunctions identified in paragraphs (g)(9)(ii)(A), (g)(9)(iii)(A), and (g)(9)(iv)(A) of this section (i.e., sen sor performance) in accordance with paragraphs (c) and (d) of this section. For purposes of tracking and reporting as required in paragraph (d)(1) of this section, all monitors used to detect malfunctions identified in paragraphs (g)(9)(ii)(A), (g)(9)(iii) (A), and (g)(9)(iv)(A) of this section must be tracked separately but reported as a single set of values as specified in paragraph (e)(1)(iii) of this section.

( B) The manufacturer must define the monitoring conditions for malfunctions identified in parag raphs (g)(9)(ii)(D), (g)(9)(iii)(D), and (g)(9)(iv)(D) of this section (i.e., monitoring function) in accordance with paragraphs (c) and (d) of this section with the exception that monitoring must occur every time the monitoring conditions are met during t he drive cycle rather than once per drive cycle as required in paragraph (c)(2) of this section.

( C) Except as provided for in paragraph (g)(9)(vii)(D) of this section, the OBD system must monitor continuously for malfunctions identified in paragraphs (g) (9)(ii)(B), (g)(9)(ii)(C), (g)(9)(iii)(B), (g)(9)(iii)(C), (g)(9)(iv)(B), (g)(9)(iv)(C) of this section (i.e., circuit integrity and feedback function).

( D) A manufacturer may request approval to disable continuous exhaust gas sensor monitoring when an ex haust gas sensor malfunction cannot be distinguished from other effects (e.g., disable monitoring for out

- of

- range on the low side during fuel cut conditions). To do so, the manufacturer must demonstrate via data and/or engineering analyses that a properly functioning sensor cannot be distinguished from a malfunctioning sensor and that the disablement interval is limited only to that necessary for avoiding false malfunction detection.

( viii) Monitoring conditions for exhaust gas sensor heatersRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 35 of 101 (A) The man ufacturer must define monitoring conditions for malfunctions identified in paragraph (g)(9)(vi)(A) of this section (i.e., sensor heater performance) in accordance with paragraphs (c) and (d) of this section.

( B) The OBD system must monitor continuously fo r malfunctions identified in paragraph (g)(9)(vi)(B) of this section (i.e., circuit malfunctions).

( ix) Exhaust gas sensor and sensor heater MIL activation and DTC storage. The MIL must activate and DTCs must be stored according to the provisions of

parag raph (b) of this section.

( 10) Variable Valve Timing (VVT) system monitoring

(i) General. The OBD system must monitor the VVT system on engines so equipped for target error and slow response malfunctions. The individual electronic components (e.g., actua tors, valves, sensors) that are used in the VVT system must be monitored in accordance with the comprehensive components requirements in paragraph (i)(3) of this section.

( ii) VVT system malfunction criteria

(A) VVT system target error. The OBD system mu st detect a malfunction prior to any failure or deterioration in the capability of the VVT system to achieve the commanded valve timing and/or control within a crank angle and/or lift tolerance that would cause an engine ’ s emissions to exceed the emission thresholds for

“ other monitors ” as shown in Table 1 of this paragraph (g).

( B) VVT slow response. The OBD system must detect a malfunction prior to any failure or deterioration in the capability of the VVT system to achieve the commanded valve timing and/ or control within a manufacturer

- specified time that would cause an engine ’ s emissions to exceed the emission thresholds for “ other

monitors ” as shown in Table 1 of this paragraph (g).

( C) For engines in which no failure or deterioration of the VVT system could result in an engine ’ s emissions exceeding the applicable emissions thresholds of paragraphs (g)(10)(ii)(A) and (g)(10)(ii)(B) of this section, the OBD system must detect a malfunction of the VVT system when proper functional response of the

system t o computer commands does not occur.

( iii) VVT system monitoring conditions. Manufacturers must define the monitoring conditions for VVT system malfunctions identified in paragraph (g)(10)(ii) of this section in accordance with paragraphs (c) and (d) of th is section, with the exception that monitoring must occur every time the monitoring conditions are met during the drive cycle rather than once per drive cycle as required in paragraph (c)(2) of this section. For purposes of tracking and reporting as requir ed in paragraph (d)(1) of this section, all monitors used to detect malfunctions identified in paragraphRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 36 of 101 (g)(10)(ii) of this section must be tracked separately but reported as a single set of values as specified in paragraph (e)(1)(iii) of this section.

( iv) VVT MIL activation and DTC storage. The MIL must activate and DTCs must be stored according to the provisions of paragraph (b) of this section.

( h) OBD monitoring requirements for gasoline

- fueled/spark

- ignition engines. The following table shows the t hresholds at which point certain components or systems, as specified in this paragraph (h), are considered malfunctioning.

( 1 ) Fuel system monitoring

(i) General. The OBD system must monitor the fuel delivery system to determine its ability to provide co mpliance with emission standards.

( ii) Fu el system malfunction criteria.

(A) The OBD system must detect a malfunction of the fuel delivery system (including feedback control based on a secondary oxygen sensor) when the fuel delivery system is unable to m aintain an engine ’ s emissions at or below the

emissions thresholds for “ other monitors ” as shown in Table 2 of this paragraph (h).

Table 2

– OBD Emissions Thresholds for Gasoline

- Fueled/Spark

- Ignition Engines Meant for Placement in Applications Greater T han 14,000 Pounds GVWR (g/bhp

- hr)

Notes: 1.75x std means a multiple of 1.75 times the applicable emissions standard; these emissions thresholds apply to the monitoring requirements of paragraph (h) of this section; The evaporative emissions control sys tem threshold is not, technically, an emissions threshold but rather a leak size that must be detected; nonetheless, for ease we refer to this as the threshold.

( B) Except as provided for in paragraph (h)(1)(ii)(C) of this section, if the engine

is e quipped with adaptive feedback control, the OBD system must detect a malfunction when the adaptive feedback control has used up all of the adjustment allowed by the manufacturer.

( C) If the engine is equipped with feedback control that is based on a seco ndary oxygen (or equivalent) sensor, the OBD system is not required to detect a malfunction of the fuel system solely when the feedback control based on aRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 37 of 101 secondary oxygen sensor has used up all of the adjustment allowed by the manufacturer. However, if a failure or deterioration results in engine emissions

that exceed the emissions thresholds for “ other monitors ” as shown in Table 2 of this paragraph (h), the OBD system is required to detect a malfunction.

( D) The OBD system must detect a malfunction when ever the fuel control system fails to enter closed loop operation following engine start within a manufacturer specified time interval. The specified time interval must be supported by data and/or engineering analyses submitted by the manufacturer.

( E) Th e manufacturer may adjust the malfunction criteria and/or monitoring conditions to compensate for changes in altitude, for temporary introduction of large amounts of purge vapor, or for other similar identifiable operating

conditions when such conditions o ccur.

( iii) Fuel system monitoring conditions. The fuel system must be monitored continuously for the presence of a malfunction.

( iv) Fuel system MIL activation and DTC storage.

(A) A pending DTC must be stored immediately upon the fuel system exceeding the malfunction criteria established in paragraph (h)(1)(ii) of this section.

( B) Except as provided for in paragraph (h)(1)(iv)(C) of this section, if a pending DTC is stored, the OBD system must activate the MIL immediately and store a

MIL

- on DTC if a malfunction is again detected during either the drive cycle immediately following storage of the pending DTC regardless of the conditions encountered during that drive cycle, or on the next drive cycle in which similar

conditions are encountered to those t hat occurred when the pending DTC was stored. Similar conditions means engine conditions having an engine speed within 375 rpm, load conditions within 20 percent, and the same warm

- up status (i.e., cold or hot) as the engine conditions stored pursuant to p aragraph (h)(1)(iv)(E) of this section. Other definitions of similar conditions may be used but must result in comparable timeliness and reliability in detecting similar engine operation.

( C) The pending DTC may be erased at the end of the next drive cycl e in which similar conditions have been encountered without having again exceeded the specified fuel system malfunction criteria. The pending DTC may also be erased if similar conditions are not encountered during the 80 drive cycles immediately following detection of the potential malfunction for which the pending DTC was

stored.

( D) Storage of freeze frame conditions. The OBD system must store and erase freeze frame conditions either in conjunction with storing and erasing a pending DTC or in conjunction with storing and erasing a MIL

- on DTC. Freeze frame information associated with a fuel system malfunction shall be stored inRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 38 of 101 preference to freeze frame information required elsewhere in paragraphs (h) or (i)

of this section.

( E) Storage of fuel system co nditions for determining similar conditions of operation. The OBD must store the engine speed, load, and warm

- up status present at the time it first detects a potential malfunction meeting the criteria of paragraph (h)(1)(ii) of this section and stores a p ending DTC.

( F) Deactivating the MIL. The MIL may be extinguished after three sequential driving cycles in which similar conditions have been encountered without detecting a malfunction of the fuel system.

( 2) Engine misfire monitoring

(i) General.

(A) The OBD system must monitor the engine for misfire causing catalyst damage and misfire causing excess emissions.

( B) The OBD system must identify the specific cylinder that is misfiring. The manufacturer may store a general misfire DTC instead of a cylin der specific DTC under certain operating conditions. To do so, the manufacturer must submit data and/or engineering analyses that demonstrate that the misfiring cylinder cannot be identified reliably when the conditions occur.

( C) If more than one cylinde r is misfiring, a separate DTC must be stored to indicate that multiple cylinders are misfiring unless otherwise allowed by this paragraph (h)(2). When identifying multiple cylinder misfire, the OBD system is not required to also identify using separate DT Cs each of the misfiring cylinders individually. If more than 90 percent of the detected misfires occur in a single cylinder, an appropriate DTC may be stored that indicates the specific misfiring cylinder rather than storing the multiple cylinder misfire DTC. If two or more cylinders individually have more than 10 percent of the total number of detected misfires, a multiple cylinder DTC must be stored.

( ii) Engi ne misfire malfunction criteria

(A) Misfire causing catalyst damage. The manufacturer must det ermine the percentage of misfire evaluated in 200 revolution increments for each engine speed and load condition that would result in a temperature that causes catalyst damage. If this percentage of misfire is exceeded, it shall be considered a

malfunction that must be detected. For every engine speed and load condition for which this percentage of misfire is determined to be lower than five percent, the manufacturer may set the malfunction criteria at five percent. The manufacturer may use a longer interva l than 200 revolutions but only for determining, on a given drive cycle, the first misfire exceedance as provided in paragraph (h)(2)(iv)(A) of this section. To do so, the manufacturer must demonstrate that theRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 39 of 101 interval is not so long that catalyst damage would occur prior to the interval being elapsed.

( B) Misfire causing emissions to exceed the applicable thresholds. The manufacturer must determine the percentage of misfire evaluated in 1000

revolution increments that would cause emissions from an emissi ons durability demonstration engine to exceed the emissions thresholds for “ other monitors ” as shown in Table 2 of this paragraph (h) if that percentage of misfire were present from the beginning of the test. If this percentage of misfire is exceeded, rega rdless of the pattern of misfire events (e.g., random, equally spaced, continuous), it shall be considered a malfunction that must be detected. To establish this percentage of misfire, the manufacturer must use misfire events occurring at equally spaced,

c omplete engine cycle intervals, across randomly selected cylinders throughout

each 1000

- revolution increment. If this percentage of misfire is determined to be lower than one percent, the manufacturer may set the malfunction criteria at one percent. The ma nufacturer may use a longer interval than 1000 revolutions. To do so, the manufacturer must demonstrate that the strategy would be equally effective and timely at detecting misfire.

( iii) Engine misfire monitoring conditions.

(A) The OBD system must moni tor continuously for misfire under the following

conditions: from no later than the end of the second crankshaft revolution after engine start; during the rise time and settling time for engine speed to reach the desired idle engine speed at engine start

- u p (i.e., “ flare

- up ” and “ flare

- down ” ); and, under all positive torque engine speeds and load conditions except within the engine operating region bound by the positive torque line (i.e., engine load with the transmission in neutral), and the points represe nted by an engine speed of 3000 rpm with the engine load at the positive torque line and the redline engine speed with the engine ’ s manifold vacuum at four inches of mercury lower than that at the positive torque line. For this purpose, redline engine spee d is defined as either the recommended maximum engine speed as displayed on the instrument panel tachometer, or the engine speed at which fuel shutoff occurs.

( B) If an OBD monitor cannot detect all misfire patterns under all required engine speed and loa d conditions as required by paragraph (h)(2)(iii)(A) of this section, the OBD system may still be acceptable. The Administrator will evaluate the following factors in making a determination: The magnitude of the region(s) in

which misfire detection is limi ted; the degree to which misfire detection is limited in the region(s) (i.e., the probability of detection of misfire events); the frequency with which said region(s) are expected to be encountered in

- use; the type of misfire patterns for which misfire det ection is troublesome; and demonstration that the monitoring technology employed is not inherently incapable of detecting misfire under the required conditions (i.e., compliance can be achieved on other engines). The evaluation will be based on the followi ng misfire patterns: equally spaced misfire occurring on randomly selected cylinders; single cylinderRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 40 of 101 continuous misfire; and paired cylinder (cylinders firing at the same crank angle)

continuous misfire.

( C) The manufacturer may use monitoring system tha t has reduced misfire detection capability during the portion of the first 1000 revolutions after engine start that a cold start emission reduction strategy is active that reduces engine torque (e.g., spark retard strategies). To do so, the manufacturer mu st demonstrate that the probability of detection is greater than or equal to 75 percent during the worst case condition (i.e., lowest generated torque) for a vehicle operated continuously at idle (park/neutral idle) on a cold start between 50 and 86 degree s Fahrenheit and that the technology cannot reliably detect a higher percentage of the misfire events during the conditions.

( D) The manufacturer may disable misfire monitoring or use an alternative malfunction criterion when misfire cannot be distinguish ed from other effects. To do so, the manufacturer must demonstrate that the disablement interval or the period of use of an alternative malfunction criterion is limited only to that necessary for avoiding false detection and for one or more of the followin g operating conditions: Rough road; fuel cut; gear changes for manual transmission vehicles; traction control or other vehicle stability control activation such as anti

lock braking or other engine torque modifications to enhance vehicle stability;

off

- boa rd control or intrusive activation of vehicle components or monitors during service or assembly plant testing; portions of intrusive evaporative system or EGR monitors that can significantly affect engine stability (i.e., while the purge valve is open duri ng the vacuum pull

- down of an evaporative system leak check but not while the purge valve is closed and the evaporative system is sealed or while an EGR monitor causes the EGR valve to be cycled intrusively on and off during positive torque conditions); or , engine speed, load, or torque transients due to throttle movements more rapid than those that occur over the FTP cycle for the worst case engine within each engine family. In general, the Administrator will not approve disablement for conditions involvin g normal air conditioning compressor cycling from on

- to

- off or off

- to

- on, automatic transmission gear shifts (except for shifts occurring during wide open throttle operation), transitions from

idle to off

- idle, normal engine speed or load changes that occu r during the engine speed rise time and settling time (i.e., “ flare

- up ” and “ flare

- down ” ) immediately after engine starting without any vehicle operator

- induced actions (e.g., throttle stabs), or excess acceleration (except for acceleration rates that exce ed the maximum acceleration rate obtainable at wide open throttle while the vehicle is in gear due to abnormal conditions such as slipping of a clutch). The Administrator may approve misfire monitoring disablement or use of an alternate malfunction

criteri on for any other condition on a case by case basis upon determining that the manufacturer has demonstrated that the request is based on an unusual or unforeseen circumstance and that it is applying the best available computer and monitoring technology.

( E ) For engines with more than eight cylinders that cannot meet the requirements of paragraph (h)(2)(iii)(A) of this section, a manufacturer may use alternativeRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 41 of 101 misfire monitoring conditions. Such use must be based on data and/or an engineering evaluation su bmitted by the manufacturer that demonstrate that misfire detection throughout the required operating region cannot be achieved when employing proven monitoring technology (i.e., a technology that provides for compliance with these requirements on other en gines) and provided misfire is detected to the fullest extent permitted by the technology. However, the misfire detection system must still monitor during all positive torque operating conditions encountered during an FTP cycle.

( iv) MIL activation and DT C storage for engine misfire causing catalyst damage

(A) Pending DTCs. A pending DTC must be stored immediately if, during a single drive cycle, the specified misfire percentage described in paragraph (h)(2)(ii)(A) of this section is exceeded three times when operating in the positive torque region encountered during a FTP cycle or is exceeded on a single occasion when operating at any other engine speed and load condition in the positive torque region defined in paragraph (h)(2)(iii)(A) of this section. I mmediately after a pending DTC is stored pursuant to this paragraph, the MIL must blink once per second at all times during the drive cycle that engine misfire is occurring. The MIL may be deactivated during those times that misfire is not occurring. If, a t the time that a catalyst damaging misfire malfunction occurs, the MIL is already activated for a malfunction other than misfire, the MIL must still blink once per second at all times during the drive cycle that engine misfire is occurring. If

misfire cea ses, the MIL must stop blinking but remain activated as appropriate in

accordance with the other malfunction.

( B) MIL

- on DTCs. If a pending DTC is stored in accordance with paragraph (h)(2)(iv)(A) of this section, the OBD system must immediately store a M IL

- on DTC if the percentage of misfire described in paragraph (h)(2)(ii)(A) of this section is again exceeded one or more times during either the drive cycle immediately following storage of the pending DTC, regardless of the conditions encountered during that drive cycle, or on the next drive cycle in which similar conditions are encountered to those that occurred when the pending DTC was stored. If, during a previous drive cycle, a pending DTC is stored in accordance with paragraph (h)(2)(iv)(A) of this s ection, a MIL

- on DTC must be stored immediately upon exceeding the percentage misfire described in paragraph (h)(2)(ii)(A) of this section regardless of the conditions encountered. Upon storage of a MIL

- on DTC, the MIL must blink once per second at all tim es during the drive cycle that engine misfire is occurring. If misfire ceases, the MIL must stop blinking but remain activated until the conditions are met for extinguishing

the MIL.

( C) Erasure of pending DTCs. Pending DTCs stored in accordance with para graph (h)(2)(iv)(A) of this section must be erased at the end of the next drive cycle in which similar conditions are encountered to those that occurred when the pending DTC was stored provided no exceedances have been detected of the misfire percentage de scribed in paragraph (h)(2)(ii)(A) of this section. The pending DTCRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 42 of 101 may also be erased if similar conditions are not encountered during the next 80 drive cycles immediately following storage of the pending DTC.

( D) Exemptions for engines with fuel shutoff and default fuel control. In engines that provide for fuel shutoff and default fuel control to prevent over fueling during catalyst damaging misfire conditions, the MIL need not blink as required by paragraphs (h)(2)(iv)(A) and (h)(2)(iv)(B) of this secti on. Instead, the MIL may be activated continuously upon misfire detection provided that the fuel shutoff and default fuel control are activated immediately upon misfire detection. Fuel shutoff and default fuel control may be deactivated only when the engin e is outside of the misfire range except that the manufacturer may periodically, but not more than once every 30 seconds, deactivate fuel shutoff and default fuel control to determine if the catalyst damaging misfire is still occurring. Normal fueling

and fuel control may be resumed if the catalyst damaging misfire is no longer occurring.

( E) The manufacturer may use a strategy that activates the MIL continuously rather than blinking the MIL during extreme catalyst damage misfire conditions (i.e., catalyst damage misfire occurring at all engine speeds and loads). Use of such a strategy must be limited to catalyst damage misfire levels that cannot be avoided during reasonable driving conditions. To use such a strategy, the

manufacturer must be able to demons trate that the strategy will encourage operation of the vehicle in conditions that will minimize catalyst damage (e.g., at low engine speeds and loads).

( v) MIL activation and DTC storage for engine misfire causing emissions to exceed

a pplicable emissions thresholds.

(A) Immediately upon detection, during the first 1000 revolutions after engine start of the misfire percentage described in paragraph (h)(2)(ii)(B) of this section, a pending DTC must be stored. If such a pending DTC is stored already and

ano ther such exceedance of the misfire percentage is detected within the first 1000 revolutions after engine start on any subsequent drive cycle, the MIL must

activate and a MIL

- on DTC must be stored. The pending DTC may be erased if,

at the end of the next d rive cycle in which similar conditions are encountered to those that occurred when the pending DTC was stored, there has been no exceedance of the misfire percentage described in paragraph (h)(2)(ii)(B) of this section. The pending DTC may also be erased i f similar conditions are not encountered during the next 80 drive cycles immediately following storage of the pending DTC.

( B) No later than the fourth detection during a single drive cycle, following the first 1000 revolutions after engine start of the m isfire percentage described in paragraph (h)(2)(ii)(B) of this section, a pending DTC must be stored. If such a pending DTC is stored already, then the MIL must activate and a MIL

- on DTC

must be stored within 10 seconds of the fourth detection of the misfi re percentage described in paragraph (h)(2)(ii)(B) of this section during either the drive cycleRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 43 of 101 immediately following storage of the pending DTC, regardless of the conditions encountered during that drive cycle excepting those conditions within the first 1000 revolutions after engine start, or on the next drive cycle in which similar conditions are encountered to those that occurred when the pending DTC was stored excepting those conditions within the first 1000 revolutions after engine start. The pending DTC may be erased if, at the end of the next drive cycle in which similar conditions are encountered to those that occurred when the pending DTC was stored, there has been no exceedance of the misfire percentage described in paragraph (h)(2)(ii)(B) of this section. The pending DTC may also be erased if similar conditions are not encountered during the next 80 drive cycles immediately following storage of the pending DTC.

( vi) Storage of freeze frame conditions for engine misfire.

(A) The OBD system must s tore and erase freeze frame conditions (as defined in paragraph (k)(4)(iii) of this section) either in conjunction with storing and erasing a pending DTC or in conjunction with storing and erasing a MIL

- on DTC.

( B) If, upon storage of a DTC as required by paragraphs (h)(2)(iv) and (h)(2)(v) of this section, there already exist stored freeze frame conditions for a malfunction other than a misfire or fuel system malfunction (see paragraph (h)(1) of this section) then the stored freeze frame information shall be replaced with

freeze frame information associated with the misfire malfunction.

( vii) Storage of engine conditions in association with engine misfire. Upon detection of the misfire percentages described in paragraphs (h)(2)(ii)(A) and (h)(2)(ii)(B) of this section, the following engine conditions must be stored for use in determining similar conditions: Engine speed, load, and warm up status of the first misfire event that resulted in pending DTC storage.

( viii) MIL deactivation in association with en gine misfire. The MIL may be deactivated after three sequential drive cycles in which similar conditions have been encountered without an exceedance of the misfire percentages described in paragraphs (h)(2)(ii)(A) and (h)(2)(ii)(B) of this section.

( 3) Ex haust gas recirculation system monitoring

(i) General. The OBD system must monitor the EGR system on engines so equipped for low and high flow rate malfunctions. The individual electronic components (e.g., actuators, valves, sensors) that are used in the EGR system must be monitored in accordance with the comprehensive component requirements in paragraph (i)(3) of this section.

( ii) E GR system malfunction criteria.

(A) The OBD system must detect a malfunction of the EGR system prior to a

decrease from th e manufacturer ’ s specified EGR flow rate that would cause anRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 44 of 101 engine ’ s emissions to exceed the emissions thresholds for “ other monitors ” as shown in Table 2 of this paragraph (h). For engines in which no failure or deterioration of the EGR system that cause s a decrease in flow could result in an engine ’ s emissions exceeding the applicable emissions thresholds, the OBD system must detect a malfunction when the system has no detectable amount of

EGR flow.

( B) The OBD system must detect a malfunction of the EG R system prior to an

increase from the manufacturer ’ s specified EGR flow rate that would cause an engine ’ s emissions to exceed the emissions thresholds for “ other monitors ” as shown in Table 2 of this paragraph (h). For engines in which no failure or

deter ioration of the EGR system that causes an increase in flow could result in an engine ’ s emissions exceeding the applicable emissions thresholds, the OBD system must detect a malfunction when the system has reached its control limits

such that it cannot redu ce EGR flow.

( iii) EG R system monitoring conditions.

(A) The manufacturer must define the monitoring conditions for malfunctions identified in paragraph (h)(3)(ii) of this section in accordance with paragraphs (c) and (d) of this section. For purposes of tracking and reporting as required by paragraph (d)(1) of this section, all monitors used to detect malfunctions identified in paragraph (h)(3)(ii) of this section must be tracked separately but reported as a single set of values as specified in paragraph (e)(1)(iii) of this

section.

( B) The manufacturer may disable temporarily the EGR monitor under conditions when monitoring may not be reliable (e.g., when freezing may affect performance of the system). To do so, the manufacturer must be able to demonstr ate that the

monitor is unreliable when such conditions exist.

( iv) EGR system MIL activation and DTC storage. The MIL must activate and DTCs must be stored according to the provisions of paragraph (b) of this section.

( 4) Cold start emission reduction s trategy monitoring

(i) General. If an engine incorporates a specific engine control strategy to reduce cold start emissions, the OBD system must monitor the key components (e.g., idle air control valve), other than secondary air, while the control strateg y is active to ensure proper operation of the control strategy.

( ii) Cold start strategy malfunction criteria.

(A) The OBD system must detect a malfunction prior to any failure or deterioration of the individual components associated with the cold start emission reduction control strategy that would cause an engine ’ s emissions to exceed the

emissions thresholds for “ other monitors ” as shown in Table 2 of this paragraphRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 45 of 101 (h). The manufacturer must establish the malfunction criteria based on data from

one or more representative engine(s) and provide an engineering evaluation for establishing the malfunction criteria for the remainder of the manufacturer ’ s product line.

( B) Where no failure or deterioration of a component used for the cold start

emission redu ction strategy could result in an engine ’ s emissions exceeding the applicable emissions thresholds, the individual component must be monitored for proper functional response while the control strategy is active in accordance with

the malfunction criteria i n paragraphs (i)(3)(ii) and (i)(3)(iii) of this section.

( iii) Cold start strategy monitoring conditions. The manufacturer must define monitoring conditions for malfunctions identified in paragraph (h)(4)(ii) of this section in accordance with paragraphs (c) and (d) of this section.

( iv) Cold start strategy MIL activation and DTC storage. The MIL must activate and DTCs must be stored according to the provisions of paragraph (b) of this

section.

( 5) Secondary air system monitoring

(i) General. The OBD sy stem on engines equipped with any form of secondary air delivery system must monitor the proper functioning of the secondary air delivery system including all air switching valve(s). The individual electronic components (e.g., actuators, valves, sensors) t hat are used in the secondary air system must be monitored in accordance with the comprehensive component requirements in paragraph (i)(3) of this section. For purposes of this paragraph (h)(5), “ air flow ” is defined as the air flow delivered by the second ary air system to the exhaust system. For engines using secondary air systems with multiple air flow paths/distribution points, the air flow to each bank (i.e., a group of cylinders that share a common exhaust manifold, catalyst, and control sensor) must b e monitored in accordance with the malfunction criteria in paragraph (h)(5)(ii) of this section. Also for purposes of this paragraph (h)(5), “ normal operation ” is defined as the condition when the secondary air system is activated during catalyst and/or en gine warm

- up following engine start. “ Normal operation ” does not include the condition when the secondary air system is turned on intrusively for the sole purpose of monitoring.

( ii) Secondary a ir system malfunction criteria.

(A) Except as provided in pa ragraph (h)(5)(ii)(C) of this section, the OBD system must detect a secondary air system malfunction prior to a decrease from the

manufacturer ’ s specified air flow during normal operation that would cause an engine ’ s emissions to exceed the emissions thres holds for “ other monitors ” as shown in Table 2 of this paragraph (h).

( B) Except as provided in paragraph (h)(5)(ii)(C) of this section, the OBD system must detect a secondary air system malfunction prior to an increase from theRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 46 of 101 manufacturer ’ s specified a ir flow during normal operation that would cause an engine ’ s emissions to exceed the emissions thresholds for “ other monitors ” as shown in Table 2 of this paragraph (h).

( C) For engines in which no deterioration or failure of the secondary air system

woul d result in an engine ’ s emissions exceeding the applicable emissions thresholds, the OBD system must detect a malfunction when no detectable amount of air flow is delivered by the secondary air system during normal operation.

( iii) Secondary air syste m monitoring conditions. The manufacturer must define monitoring conditions for malfunctions identified in paragraph (h)(5)(ii) of this section in accordance with paragraphs (c) and (d) of this section. For purposes of tracking and reporting as required by paragraph (d)(1) of this section, all monitors used to detect malfunctions identified in paragraph (h)(5)(ii) of this section must be tracked separately but reported as a single set of values as specified in paragraph (e)(1)(iii) of this section.

( iv) Se condary air system MIL activation and DTC storage. The MIL must activate and DTCs must be stored according to the provisions of paragraph (b) of this

section.

( 6) Catalyst system monitoring

(i) General. The OBD system must monitor the catalyst system for proper conversion capability.

( ii) Catalyst system malfunction criteria. The OBD system must detect a catalyst system malfunction when the catalyst system ’ s conversion capability decreases to the point that emissions exceed the emissions thresholds for t he catalyst system as shown in Table 2 of this paragraph (h).

( iii) Catalyst system monitoring conditions. The manufacturer must define monitoring conditions for malfunctions identified in paragraph (h)(6)(ii) of this section in accordance with paragraphs (c) and (d) of this section. For purposes of tracking and reporting as required by paragraph (d)(1) of this section, all monitors used to detect malfunctions identified in paragraph (h)(6)(ii) of this section must be tracked separately but reported as a s ingle set of values as specified in paragraph (e)(1)(iii) of this section.

( iv) Catalyst system MIL activation and DTC storage.

(A) The MIL must activate and DTCs must be stored according to the provisions of paragraph (b) of this section.

( B) The monit oring method for the catalyst system must be capable of detecting when a catalyst DTC has been erased (except OBD system self erasure), but theRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 47 of 101 catalyst has not been replaced (e.g., catalyst overtemperature histogram approaches are not acceptable).

( 7 ) Ev aporative system monitoring

(i) General. The OBD system must verify purge flow from the evaporative system and monitor the complete evaporative system, excluding the tubing and connections between the purge valve and the intake manifold, for vapor leaks t o the atmosphere. Individual components of the evaporative system (e.g. valves, sensors) must be monitored in accordance with the comprehensive components requirements in paragraph (i)(3) of this section.

( ii) Evaporative system malfunctio n criteria

(A) Purge monitor. The OBD system must detect an evaporative system malfunction when no purge flow from the evaporative system to the engine can be detected by the OBD system.

( B) Leak monitor. The OBD system must detect an evaporative system

malfunction when the complete evaporative system contains a leak or leaks that cumulatively are greater than or equal to a leak caused by a 0.150 inch diameter

hole.

( C) The manufacturer may demonstrate that detection of a larger hole is more appropriate than that specif ied in paragraph (h)(7)(ii)(B) of this section. To do so, the manufacturer must demonstrate through data and/or engineering analyses that holes smaller than the proposed detection size would not result in evaporative or running loss emissions that exceed 1 .5 times the applicable evaporative emissions standards. Upon such a demonstration, the proposed detection size could be substituted for the requirement of paragraph (h)(7)(ii)(B) of this section.

( iii) Evaporative system monitoring conditi ons.

(A) The m anufacturer must define monitoring conditions for malfunctions identified in paragraph (h)(7)(ii)(A) of this section in accordance with paragraphs (c) and (d) of this section.

( B) The manufacturer must define monitoring conditions for malfunctions

identif ied in paragraph (h)(7)(ii)(B) of this section in accordance with paragraphs (c) and (d) of this section. For purposes of tracking and reporting as required by paragraph (d)(1) of this section, all monitors used to detect malfunctions identified in paragra ph (h)(7)(ii)(B) of this section must be tracked separately but reported as a single set of values as specified in paragraph (e)(1)(iii) of this

section.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 48 of 101 ( C) The manufacturer may disable or abort an evaporative system monitor when

the fuel tank level is o ver 85 percent of nominal tank capacity or during a refueling event.

( D) The manufacturer may request Administrator approval to run the evaporative system monitor during only those drive cycles characterized as cold starts provided such a condition is nee ded to ensure reliable monitoring. In making the request, the manufacturer must demonstrate through data and/or engineering analyses that a reliable monitor can only be run on drive cycles that begin with a specific set of cold start criteria. A set of col d start criteria based solely on ambient temperature exceeding engine coolant temperature will not be acceptable.

( E) The OBD system may disable temporarily the evaporative purge system to run an evaporative system leak monitor.

( iv) Evaporative system M IL activation and DTC storage.

(A) Except as provided for in paragraph (h)(7)(iv)(B) of this section, the MIL must activate and DTCs must be stored according to the provisions of paragraph (b) of this section.

( B) If the OBD system is capable of discerni ng that a system leak is being caused by a missing or improperly secured gas cap, the OBD system need not activate the MIL or store a DTC provided the vehicle is equipped with an alternative indicator for notifying the operator of the gas cap problem. The alternative indicator must be of sufficient illumination and location to be readily visible under all lighting conditions. If the vehicle is not equipped with such an alternative indicator, the MIL must activate and a DTC be stored as required in paragraph (h)(7)(iv)(A) of this section; however, these may be deactivated and erased, respectively, if the OBD system determines that the gas cap problem has been corrected and the MIL has not been activated for any other malfunction. The Administrator may approve other strategies that provide equivalent assurance that a vehicle operator will be notified promptly of a missing or improperly secured gas cap and that corrective

action will be undertaken.

( 8 ) Exhaust gas sensor monitoring

(i) General.

(A) The OBD sy stem must monitor for malfunctions the output signal, response rate, and any other parameter that can affect emissions of all primary (i.e., fuel control) exhaust gas sensors (e.g., oxygen, wide

- range air/fuel). Both the lean

- to

rich and rich

- to

- lean respo nse rates must be monitored.

( B) The OBD system must also monitor all secondary exhaust gas sensors (those used for secondary fuel trim control or as a monitoring device) for proper output signal, activity, and response rate.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 49 of 101 ( C) For engines equipped wit h heated exhaust gas sensor, the OBD system must monitor the heater for proper performance.

( ii) Primary exhaust g as sensor malfunction criteria.

(A) The OBD system must detect a malfunction prior to any failure or deterioration of the exhaust gas sensor output voltage, resistance, impedance, current, response rate, amplitude, offset, or other characteristic(s) (including drift or bias corrected for by secondary sensors) that would cause an engine ’ s emissions to exceed the emissions thresholds for “ other monitors ” as shown in Table 2 of this paragraph (h).

( B) The OBD system must detect malfunctions of the exhaust gas sensor caused by either a lack of circuit continuity or out

- of

- range values.

( C) The OBD system must detect a malfunction of the exhaust g as sensor when a sensor failure or deterioration causes the fuel system to stop using that sensor as a feedback input (e.g., causes default or open

- loop operation).

( D) The OBD system must detect a malfunction of the exhaust gas sensor when

the sensor out put voltage, resistance, impedance, current, amplitude, activity, or other characteristics are no longer sufficient for use as an OBD system monitoring device (e.g., for catalyst monitoring).

( iii) Secondary exhaust gas sensor malfunction crite ria.

(A) T he OBD system must detect a malfunction prior to any failure or deterioration of the exhaust gas sensor voltage, resistance, impedance, current, response rate, amplitude, offset, or other characteristic(s) that would cause an engine ’ s emissions to exceed t he emissions thresholds for “ other monitors ” as shown in Table 2 of this paragraph (h).

( B) The OBD system must detect malfunctions of the exhaust gas sensor caused by a lack of circuit continuity.

( C) To the extent feasible, the OBD system must detect a malfunction of the exhaust gas sensor when the sensor output voltage, resistance, impedance, current, amplitude, activity, offset, or other characteristics are no longer sufficient for use as an OBD system monitoring device (e.g., for catalyst monitoring)

.

( D) The OBD system must detect malfunctions of the exhaust gas sensor caused by out

- of

- range values.

( E) The OBD system must detect a malfunction of the exhaust gas sensor when a sensor failure or deterioration causes the fuel system (e.g., fuel contro l) to stop using that sensor as a feedback input (e.g., causes default or open

- loop operation).Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 50 of 101 ( iv) Exhaust gas sens or heater malfunction criteria.

(A) The OBD system must detect a malfunction of the heater performance when the current or voltage drop i n the heater circuit is no longer within the

manufacturer ’ s specified limits for normal operation (i.e., within the criteria required to be met by the component vendor for heater circuit performance at high mileage). Other malfunction criteria for heater p erformance malfunctions may be used upon demonstrating via data or engineering analyses that the monitoring reliability and timeliness is equivalent to the stated criteria in this paragraph (h)(8)(iv)(A).

( B) The OBD system must detect malfunctions of the heater circuit including open or short circuits that conflict with the commanded state of the heater (e.g., shorted to 12 Volts when commanded to 0 Volts (ground)).

( v) Primary exhaust gas sensor monitoring conditions.

(A) The manufacturer must define m onitoring conditions for malfunctions identified in paragraphs (h)(8)(ii)(A) and (h)(8)(ii)(D) of this section in accordance with paragraphs (c) and (d) of this section. For purposes of tracking and reporting as required by paragraph (d)(1) of this section , all monitors used to detect malfunctions identified in paragraphs (h)(8)(ii)(A) and (h)(8)(ii)(D) of this section must be tracked separately but reported as a single set of values as specified in paragraph (e)(1)(iii) of this section.

( B) Except as prov ided for in paragraph (h)(8)(v)(C) of this section, monitoring for malfunctions identified in paragraphs (h)(8)(ii)(B) and (h)(8)(ii)(C) of this section must be conducted continuously.

( C) The manufacturer may disable continuous primary exhaust gas sensor monitoring when a primary exhaust gas sensor malfunction cannot be distinguished from other effects (e.g., disable out

- of

- range low monitoring during fuel cut conditions). To do so, the manufacturer must demonstrate via data or engineering analyses that a properly functioning sensor cannot be distinguished from a malfunctioning sensor and that the disablement interval is limited only to that necessary for avoiding false detection.

( vi) Secondary exhaust gas sensor monitoring conditions.

(A) The manufactu rer must define monitoring conditions for malfunctions identified in paragraphs (h)(8)(iii)(A) through (h)(8)(iii)(C) of this section in accordance with paragraphs (c) and (d) of this section.

( B) Except as provided for in paragraph (h)(8)(vi)(C) of this section, monitoring for malfunctions identified in paragraphs (h)(8)(iii)(D) and (h)(8)(iii)(E) of this section must be conducted continuously.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 51 of 101 ( C) The manufacturer may disable continuous secondary exhaust gas sensor monitoring when a secondary exhaust ga s sensor malfunction cannot be distinguished from other effects (e.g., disable out

- of

- range low monitoring during fuel cut conditions). To do so, the manufacturer must demonstrate via data or engineering analyses that a properly functioning sensor cannot b e distinguished from a malfunctioning sensor and that the disablement interval is limited only to that necessary for avoiding false detection.

( vii) Exhaust gas senso r heater monitoring conditions.

(A) The manufacturer must define monitoring conditions f or malfunctions identified in paragraph (h)(8)(iv)(A) of this section in accordance with paragraphs (c) and (d) of this section.

( B) Monitoring for malfunctions identified in paragraph (h)(8)(iv)(B) of this section must be conducted continuously.

( viii) Exhaust gas sensor MIL activation and DTC storage. The MIL must activate and DTCs must be stored according to the provisions of paragraph (b) of this

section.

( 9) Variable valve timing (VVT) system monitoring \

(i) General. The OBD system must monitor the VVT system on engines so equipped for target error and slow response malfunctions. The individual electronic components (e.g., actuators, valves, sensors) that are used in the VVT system must be monitored in accordance with the comprehensive components re quirements in paragraph (i)(3).

( ii) VVT system malfunction criteria

(A) VVT system target error. The OBD system must detect a malfunction prior to any failure or deterioration in the capability of the VVT system to achieve the commanded valve timing and /or control within a crank angle and/or lift tolerance that would cause an engine ’ s emissions to exceed the emission thresholds for

“ other monitors ” as shown in Table 2 of this paragraph (h).

( B) VVT slow response. The OBD system must detect a malfunction prior to any failure or deterioration in the capability of the VVT system to achieve the commanded valve timing and/or control within a manufacturer

- specified time that would cause an engine ’ s emissions to exceed the emission thresholds for “ other

monitor s ” as shown in Table 2 of this paragraph (h).

( C) For engines in which no failure or deterioration of the VVT system could result in an engine ’ s emissions exceeding the applicable emissions thresholds of paragraphs (h)(9)(ii)(A) and (h)(9)(ii)(B) of this section, the OBD system mustRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 52 of 101 detect a malfunction of the VVT system when proper functional response of the system to computer commands does not occur.

( iii) VVT system monitoring conditions. Manufacturers must define the monitoring conditions for VVT syst em malfunctions identified in paragraph (h)(9)(ii) in accordance with paragraphs (c) and (d) of this section, with the exception that monitoring must occur every time the monitoring conditions are met during the drive cycle rather than once per drive cycle as required in paragraph (c)(2) of this section. For purposes of tracking and reporting as required in paragraph (d)(1) of this section, all monitors used to detect malfunctions identified in paragraph (h)(9)(ii) must be tracked separately but reported as a single set of values as specified in paragraph (e)(1)(iii) of this section.

( iv) VVT MIL activation and DTC storage. The MIL must activate and DTCs must be stored according to the provisions of paragraph (b) of this section.

( i) OBD monitori ng require ments for all engines

(1) E ngine cooling system monitoring

(i) General.

(A) The OBD system must monitor the thermostat on engines so equipped for proper operation.

( B) The OBD system must monitor the engine coolant temperature (ECT) sensor

for electric al circuit continuity, out

- of

- range values, and rationality malfunctions.

( C) For engines that use a system other than the cooling system and ECT sensor (e.g., oil temperature, cylinder head temperature) to determine engine operating temperature for emiss ion control purposes (e.g., to modify spark or fuel injection timing or quantity), the manufacturer may forego cooling system monitoring and instead monitor the components or systems used in their approach. To do so, the

manufacturer must to submit data an d/or engineering analyses that demonstrate that their monitoring plan is as reliable and effective as the monitoring required in this paragraph (i)(1).

( ii) Malfunction criteria for the thermostat.

(A) The OBD system must detect a thermostat malfunction if, within the manufacturer specified time interval following engine start, any of the following conditions occur: The coolant temperature does not reach the highest temperature required by the OBD system to enable other diagnostics; and, the coolant

tempe rature does not reach a warmed

- up temperature within 20 degrees

Fahrenheit of the manufacturer ’ s nominal thermostat regulating temperature. For the second of these two conditions, the manufacturer may use a lower temperature

for this criterion if either th e manufacturer can demonstrate that the fuel, sparkRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 53 of 101 timing, and/or other coolant temperature

- based modification to the engine control strategies would not cause an emissions increase greater than or equal to 50 percent of any of the applicable emissions st andards; or, ambient air temperature is between 20 degrees Fahrenheit and 50 degrees Fahrenheit in which case, upon Administrator approval, the minimum coolant temperature required to be reached may be decreased based on the ambient air temperature.

( B) W ith Administrator approval, the manufacturer may use alternative malfunction criteria to those of paragraph (i)(1)(ii)(A) of this section and/or alternative monitoring conditions to those of paragraph (i)(1)(iv) of this section that are a function of tempe rature at engine start on engines that do not reach the temperatures specified in the malfunction criteria when the thermostat is functioning properly. To do so, the manufacturer is required to submit data and/or engineering analyses that demonstrate that a properly operating system does not reach the specified temperatures and that the possibility is minimized for cooling system malfunctions to go undetected thus disabling other OBD monitors.

( C) The manufacturer may request Administrator approval to fore go monitoring of the thermostat if the manufacturer can demonstrate that a malfunctioning thermostat cannot cause a measurable increase in emissions during any reasonable driving condition nor cause any disablement of other OBD monitors.

( iii) Malfunction criteria for the ECT sensor

(A) Circuit integrity. The OBD system must detect malfunctions of the ECT sensor related to a lack of circuit continuity or out

- of

- range values.

( B) Time to reach closed

- loop/feedback enable temperature. The OBD system

must d etect if, within the manufacturer specified time interval following engine start, the ECT sensor does not achieve the highest stabilized minimum temperature that is needed to initiate closed

- loop/feedback control of all affected emission control systems (e .g., fuel system, EGR system). The manufacturer specified time interval must be a function of the engine coolant temperature and/or intake air temperature at startup. The manufacturer time interval must be supported by data and/or engineering analyses demo nstrating that it provides robust monitoring and minimizes the likelihood of other OBD monitors being disabled. The manufacturer may forego the requirements of this paragraph (i)(1)(iii)(B) provided the manufacturer does not use engine coolant temperature

or the ECT sensor to enable closed

- loop/feedback control of any emission control

systems.

( C) Stuck in range below the highest minimum enable temperature. To the extent feasible when using all available information, the OBD system must detect a

malfunctio n if the ECT sensor inappropriately indicates a temperature below the highest minimum enable temperature required by the OBD system to enable other monitors (e.g., an OBD system that requires ECT to be greater than 140 degrees Fahrenheit to enable a diagno stic must detect malfunctions that cause the ECTRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 54 of 101 sensor to inappropriately indicate a temperature below 140 degrees Fahrenheit). The manufacturer may forego this requirement for temperature regions in which the monitors required under paragraphs (i)(1)(ii) or (i)(1)(iii)(B) of this section will detect ECT sensor malfunctions as defined in this paragraph (i)(1)(iii)(C).

( D) Stuck in range above the lowest maximum enable temperature. The OBD system must detect a malfunction if the ECT sensor inappropriately indicates a temperature above the lowest maximum enable temperature required by the OBD system to enable other monitors (e.g., an OBD system that requires an engine coolant temperature less than 90 degrees Fahrenheit at startup prior to enabling an

OBD mon itor must detect malfunctions that cause the ECT sensor to indicate inappropriately a temperature above 90 degrees Fahrenheit). The manufacturer may forego this requirement within temperature regions in which the monitors required under paragraphs (i)(1)(i i), (i)(1)(iii)(B), (i)(1)(iii)(C) of this section will detect ECT sensor malfunctions as defined in this paragraph (i)(1)(iii)(D) or in which the MIL will be activated according to the provisions of paragraph (b)(2)(v) of this section. The manufacturer ma y also forego this monitoring within temperature regions where a temperature gauge on the instrument panel indicates a temperature in the “ red zone ” (engine overheating zone) and displays the same temperature information as used by the OBD system.

( iv) Mo nitoring conditions for the thermostat.

(A) The manufacturer must define the monitoring conditions for malfunctions identified in paragraph (i)(1)(ii)(A) of this section in accordance with paragraph (c) of this section. Additionally, except as provided fo r in paragraphs (i)(1)(iv)(B) and (i)(1)(iv)(C) of this section, monitoring for malfunctions identified in paragraph (i)(1)(ii)(A) of this section must be conducted once per drive cycle on every drive cycle in which the ECT sensor indicates, at engine star t, a temperature lower than the temperature established as the malfunction criteria in paragraph (i)(1)(ii)(A) of this section.

( B) The manufacturer may disable thermostat monitoring at ambient engine start temperatures below 20 degrees Fahrenheit.

( C) T he manufacturers may request Administrator approval to suspend or disable thermostat monitoring if the engine is subjected to conditions that could lead to false diagnosis. To do so, the manufacturer must submit data and/or engineering analyses that demons trate that the suspension or disablement is necessary. In general, the manufacturer will not be allowed to suspend or disable the thermostat monitor on engine starts where the engine coolant temperature at engine start is more than 35 degrees Fahrenheit lo wer than the thermostat malfunction threshold temperature determined under paragraph (i)(1)(ii)(A) of this section.

( v) Monitoring conditions for the ECT sensor.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 55 of 101 (A) Except as provided for in paragraph (i)(1)(v)(D) of this section, the OBD

system must mo nitor continuously for malfunctions identified in paragraph monitoring for malfunctions identified in paragraph (i)(1)(iii)(A) of this section (i.e., circuit integrity and out

- of

- range).

( B) The manufacturer must define the monitoring conditions for malfu nctions identified in paragraph (i)(1)(iii)(B) of this section in accordance with paragraph (c) of this section. Additionally, except as provided for in paragraph (i)(1)(v)(D) of this section, monitoring for malfunctions identified in paragraph (i)(1)(iii) (B) of this section must be conducted once per drive cycle on every drive cycle in which the ECT sensor indicates a temperature lower than the closed

- loop enable temperature at engine start (i.e., all engine start temperatures greater than the ECT

sensor o ut

- of

- range low temperature and less than the closed

- loop enable temperature).

( C) The manufacturer must define the monitoring conditions for malfunctions identified in paragraphs (i)(1)(iii)(C) and (i)(1)(iii)(D) of this section in accordance with paragr aphs (c) and (d) of this section.

( D) The manufacturer may suspend or delay the monitor for the time to reach

closed

- loop enable temperature if the engine is subjected to conditions that could lead to false diagnosis (e.g., vehicle operation at idle for m ore than 50 to 75 percent of the warm

- up time).

( E) The manufacturer may request Administrator approval to disable continuous ECT sensor monitoring when an ECT sensor malfunction cannot be distinguished from other effects. To do so, the manufacturer must submit data and/or engineering analyses that demonstrate a properly functioning sensor cannot be distinguished from a malfunctioning sensor and that the disablement interval is limited only to that necessary for avoiding false detection.

( vi) Engine cooli ng system MIL activation and DTC storage. The MIL must activate and DTCs must be stored according to the provisions of paragraph (b) of

this section.

( 2) Crankcase ven tilation (CV) system monitoring

(i) General. The OBD system must monitor the CV system on engines so equipped for system integrity. Engines not required to be equipped with CV systems are exempt from monitoring the CV system. For diesel engines, the manufacturer must submit a plan for Administrator approval prior to OBD certification. That p lan must include descriptions of the monitoring strategy, malfunction criteria, and monitoring conditions for CV system monitoring. The plan must demonstrate that the CV system monitor is of equivalent effectiveness, to the extent feasible, to the

malfunct ion criteria and the monitoring conditions of this paragraph (i)(2).

( ii) Crankcase ventilation system malfunction criteria.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 56 of 101 (A) For the purposes of this paragraph (i)(2), “ CV system ” is defined as any form of crankcase ventilation system, regardless of whether it utilizes positive pressure.

“ CV valve ” is defined as any form of valve or orifice used to restrict or control crankcase vapor flow. Further, any additional external CV system tubing or hoses used to equalize crankcase pressure or to provide a ve ntilation path between various areas of the engine (e.g., crankcase and valve cover) are considered part of the CV system “ between the crankcase and the CV valve ” and subject to the malfunction criteria in paragraph (i)(2)(ii)(B) of this section.

( B) Exce pt as provided for in paragraphs (i)(2)(ii)(C) through (i)(2)(ii)(E) of this section, the OBD system must detect a malfunction of the CV system when a disconnection of the system occurs between either the crankcase and the CV valve, or between the CV valve and the intake manifold.

( C) The manufacturer may forego monitoring for a disconnection between the crankcase and the CV valve provided the CV system is designed such that the CV valve is fastened directly to the crankcase such that it is significantly m ore difficult to remove the CV valve from the crankcase than to disconnect the line between the CV valve and the intake manifold (taking aging effects into consideration). To do so, the manufacturer must be able to provide data and/or an engineering evalua tion demonstrating that the CV system is so designed.

( D) The manufacturer may forego monitoring for a disconnection between the crankcase and the CV valve provided the CV system is designed such that it uses tubing connections between the CV valve and th e crankcase that are: resistant to deterioration or accidental disconnection; significantly more difficult to disconnect than is the line between the CV valve and the intake manifold; and, not subject to disconnection per the manufacturer ’ s repair procedur es for any non

- CV system repair. To do so, the manufacturer must be able to provide data and/or engineering evaluation demonstrating that the CV system is so designed.

( E) The manufacturer may forego monitoring for a disconnection between the CV

valve and the intake manifold provided the CV system is designed such that any disconnection either causes the engine to stall immediately during idle operation, or is unlikely to occur due to a CV system design that is integral to the induction system (e.g., machi ned passages rather than tubing or hoses). To do so, the manufacturer must be able to provide data and/or an engineering evaluation demonstrating that the CV system is so designed.

( iii) Crankcase ventilation system monitoring conditions. The manufacturer must define the monitoring conditions for malfunctions identified in paragraph (i)(2) of this section in accordance with paragraphs (c) and (d) of this section.

( iv) Crankcase ventilation system MIL activation and DTC storage. The MIL must

activate and D TCs must be stored according to the provisions of paragraph (b) of this section. The stored DTC need not identify specifically the CV system (e.g., aRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 57 of 101 DTC for idle speed control or fuel system monitoring can be stored) if the

manufacturer can demonstrate th at additional monitoring hardware is necessary to make such an identification and provided the manufacturer ’ s diagnostic and repair procedures for the detected malfunction include directions to check the integrity of the CV system.

( 3) Comprehensive comp onent m onitoring

(i) General. Except as provided for in paragraph (i)(4) of this section, the OBD system must detect a malfunction of any electronic engine component or system not otherwise described in paragraphs (g), (h), (i)(1), and (i)(2) of this sect ion that either provides input to (directly or indirectly, such components may include the crank angle sensor, knock sensor, throttle position sensor, cam position sensor, intake air temperature sensor, boost pressure sensor, manifold pressure sensor, mass air flow sensor, exhaust temperature sensor, exhaust pressure sensor, fuel pressure sensor, fuel composition sensor of a flexible fuel vehicle, etc.) or receives commands from (such components or systems may include the idle speed control system, glow plu g system, variable length intake manifold runner systems, supercharger or turbocharger electronic components, heated fuel preparation systems, the wait

- to

- start lamp on diesel applications, the MIL, etc.) the onboard computer(s) and meets either of the cri teria described in paragraphs (i)(3)(i)(A) and/or (i)(3)(i)(B) of this section. Note that, for the purposes of this paragraph (i)(3), “ electronic engine component or system ” does not include components that are driven by the engine and are not related to t he control of the fueling, air handling, or emissions of the engine (e.g., PTO components, air conditioning system components, and power steering components).

( A) It can cause emissions to exceed applicable emission standards. To preclude monitoring, the manufacturer must be able to provide emission data showing that the component or system, when malfunctioning and installed on a suitable test engine, does not cause emissions to exceed the emission standards.

( B) It is used as part of the monitoring strat egy for any other monitored system or

component.

( ii) Comprehensive component malfunction criteria for input components.

(A) The OBD system must detect malfunctions of input components caused by a lack of circuit continuity and out

- of

- range values. In ad dition, where feasible, rationality checks must also be done and shall verify that a sensor output is neither inappropriately high nor inappropriately low (i.e., “ two

- sided ” monitoring).

( B) To the extent feasible, the OBD system must separately detect an d store different DTCs that distinguish rationality malfunctions from lack of circuit continuity and out

- of

- range malfunctions. For lack of circuit continuity and out

of

- range malfunctions, the OBD system must, to the extent feasible, separately

detect and store different DTCs for each distinct malfunction (e.g., out

- of

- rangeRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 58 of 101 low, out

- of

- range high, open circuit). The OBD system is not required to store separate DTCs for lack of circuit continuity malfunctions that cannot be distinguished from other out

- of

- range circuit malfunctions.

( C) For input components that are used to activate alternative strategies that can affect emissions (e.g., AECDs, engine shutdown systems), the OBD system must conduct rationality checks to detect malfunctions that cause the sy stem to activate erroneously or deactivate the alternative strategy. To the extent feasible when using all available information, the rationality check must detect a malfunction if the input component inappropriately indicates a value that activates or dea ctivates the alternative strategy. For example, for an alternative strategy that activates when the intake air temperature is greater than 120 degrees Fahrenheit, the OBD system must detect malfunctions that cause the intake air temperature sensor to

indic ate inappropriately a temperature above 120 degrees Fahrenheit.

( D) For engines that require precise alignment between the camshaft and the crankshaft, the OBD system must monitor the crankshaft position sensor(s) and camshaft position sensor(s) to verify proper alignment between the camshaft and crankshaft in addition to monitoring the sensors for circuit continuity and proper rationality. Proper alignment monitoring between a camshaft and a crankshaft is required only in cases where both are equipped wit h position sensors. For engines equipped with VVT systems and a timing belt or chain, the OBD system must detect a malfunction if the alignment between the camshaft and crankshaft is off by one or more cam/crank sprocket cogs (e.g., the timing belt/chain h as slipped by one or more teeth/cogs). If a manufacturer demonstrates that a single tooth/cog misalignment cannot cause a measurable increase in emissions during any reasonable driving condition, the OBD system must detect a malfunction when

the minimum nu mber of teeth/cogs misalignment has occurred that does cause a

measurable emission increase.

( iii) Comprehensive component malfunction criteria for output components/systems.

(A) The OBD system must detect a malfunction of an output component/system

when proper functional response does not occur in response to computer commands. If such a functional check is not feasible, the OBD system must detect malfunctions of output components/systems caused by a lack of circuit continuity or circuit malfunction (e.g ., short to ground or high voltage). For output component lack of circuit continuity malfunctions and circuit malfunctions, the OBD system is not required to store different DTCs for each distinct malfunction (e.g., open circuit, shorted low). Manufacturer s are not required to activate an output component/system when it would not normally be active for the sole purpose of performing a functional check of it as required in this paragraph (i)(3).

( B) For gasoline engines, the idle control system must be moni tored for proper functional response to computer commands. For gasoline engines using monitoring strategies based on deviation from target idle speed, a malfunctionRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 59 of 101 must be detected when either of the following conditions occurs: The idle speed control sys tem cannot achieve the target idle speed within 200 revolutions per minute (rpm) above the target speed or 100 rpm below the target speed; or, the idle speed control system cannot achieve the target idle speed within the smallest engine speed tolerance ran ge required by the OBD system to enable any other monitors. Regarding the former of these conditions, the manufacturer may use larger engine speed tolerances. To do so, the manufacturer must be able to provide data and/or engineering analyses that demonstr ate that the tolerances can be exceeded without a malfunction being present.

( C) For diesel engines, the idle control system must be monitored for proper functional response to computer commands. For diesel engines, a malfunction

must be detected when eit her of the following conditions occurs: the idle fuel control system cannot achieve the target idle speed or fuel injection quantity within ±50 percent of the manufacturer

- specified fuel quantity and engine speed tolerances; or, the idle fuel control syste m cannot achieve the target idle speed or fueling quantity within the smallest engine speed or fueling quantity tolerance range required by the OBD system to enable any other monitors.

( D) For model years 2010 through 2012, glow plugs must be monitored fo r circuit continuity malfunctions. For model years 2010 and later, intake air heater systems and, for model years 2013 and later, glow plugs must be monitored for proper functional response to computer commands and for circuit continuity

malfunctions. The glow plug/intake air heater circuit(s) must be monitored for proper current and voltage drop. The manufacturer may use other monitoring strategies but must be able to provide data and/or engineering analyses that demonstrate reliable and timely detection o f malfunctions. The OBD system must also detect a malfunction when a single glow plug no longer operates within the

manufacturer ’ s specified limits for normal operation. If a manufacturer can demonstrate that a single glow plug malfunction cannot cause a m easurable increase in emissions during any reasonable driving condition, the OBD system must instead detect a malfunction when the number of glow plugs needed to cause an emission increase is malfunctioning. To the extent feasible, the stored DTC

must iden tify the specific malfunctioning glow plug(s).

( E) The wait

- to

- start lamp circuit and the MIL circuit must be monitored for malfunctions that cause either lamp to fail to activate when commanded to do so (e.g., burned out bulb). This monitoring of the wai t

- to

- start lamp circuit and the MIL circuit is not required for wait

- to

- start lamps and MILs using light

- emitting diodes (LEDs).

( iv) Monitoring conditions for input components.

(A) The OBD system must monitor input components continuously for out

- of

ran ge values and circuit continuity. The manufacturer may disable continuous monitoring for circuit continuity and out

- of

- range values when a malfunction cannot be distinguished from other effects. To do so, the manufacturer must beRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 60 of 101 able to provide data and/o r engineering analyses that demonstrate that a properly functioning input component cannot be distinguished from a malfunctioning input component and that the disablement interval is limited only to that necessary for avoiding false malfunction detection.

( B) For input component rationality checks (where applicable), the manufacturer must define the monitoring conditions for detecting malfunctions in accordance with paragraphs (c) and (d) of this section, with the exception that rationality

checks must occ ur every time the monitoring conditions are met during the drive cycle rather than once per drive cycle as required in paragraph (c)(2) of this

section.

( v) Monitoring conditions for output components/systems.

(A) The OBD system must monitor output compo nents/systems continuously for circuit continuity and circuit malfunctions. The manufacturer may disable continuous monitoring for circuit continuity and circuit malfunctions when a malfunction cannot be distinguished from other effects. To do so, the

manu facturer must be able to provide data and/or engineering analyses that demonstrate that a properly functioning output component/system cannot be distinguished from a malfunctioning one and that the disablement interval is limited only to that necessary for avoiding false malfunction detection.

( B) For output component/system functional checks, the manufacturer must define the monitoring conditions for detecting malfunctions in accordance with paragraphs (c) and (d) of this section. Specifically for the idl e control system, the manufacturer must define the monitoring conditions for detecting malfunctions in accordance with paragraphs (c) and (d) of this section, with the exception that functional checks must occur every time the monitoring conditions are met during the drive cycle rather than once per drive cycle as required in paragraph (c)(2) of

this section.

( vi) Comprehensive component MIL activation and DTC storage.

(A) Except as provided for in paragraphs (i)(3)(vi)(B) and (i)(3)(vi)(C) of this

sectio n, the MIL must activate and DTCs must be stored according to the provisions of paragraph (b) of this section.

( B) The MIL need not be activated in conjunction with storing a MIL

- on DTC for any comprehensive component if: the component or system, when

mal functioning, could not cause engine emissions to increase by 15 percent or more of the applicable FTP standard during any reasonable driving condition; or, the component or system is not used as part of the monitoring strategy for any other system or compo nent that is required to be monitored.

( C) The MIL need not be activated if a malfunction has been detected in the MIL circuit that prevents the MIL from activating (e.g., burned out bulb or light

-Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 61 of 101 emitting diode, LED). Nonetheless, the electronic MIL stat us (see paragraph (k)(4)(ii) of this section) must be reported as MIL commanded

- on and a MIL

- on DTC must be stored.

( 4) Other emission control system monitoring

(i) General. For other emission control systems that are either not addressed in paragraphs ( g) through (i)(3) of this section (e.g., hydrocarbon traps, homogeneous charge compression ignition control systems), or addressed in paragraph (i)(3) of this section but not corrected or compensated for by an adaptive control system (e.g., swirl control v alves), the manufacturer must submit a plan for Administrator approval of the monitoring strategy, malfunction criteria, and monitoring conditions prior to introduction on a production engine. The plan must demonstrate the effectiveness of the monitoring s trategy, the malfunction criteria used, the monitoring conditions required by the monitor, and, if applicable, the determination that the requirements of paragraph (i)(4)(ii) of this section are satisfied.

( ii) For engines that use emission control system s that alter intake air flow or cylinder charge characteristics by actuating valve(s), flap(s), etc., in the intake air delivery system (e.g., swirl control valve systems), the manufacturer, in addition to meeting the requirements of paragraph (i)(4)(i) of this section, may elect to have the OBD system monitor the shaft to which all valves in one intake bank are physically attached rather than performing a functional check of the intake air flow, cylinder charge, or individual valve(s)/flap(s). For non

- meta l shafts or segmented shafts, the monitor must verify all shaft segments for proper functional response (e.g., by verifying that the segment or portion of the shaft farthest from the actuator functions properly). For systems that have more than one shaft t o operate valves in multiple intake banks, the manufacturer is not required to add more than one set of detection hardware (e.g., sensor, switch) per intake bank to meet this requirement.

This section is intended to exempt engine monitoring systems from h aving to monitor hybrid powertrain systems from the 2013 through the 2019

model

- years as the issues needed to accomplish such monitoring in the

non

- vertically integrated market for vehicles with GVWR > 14,000 lbs are addressed by engine and hybrid system m anufacturers as well as regulatory agencies and i ndustry groups (e.g. SAE ).

(iii) For the 2013 through the 2019 model

- year, engines used with hybrid

powe rtrain systems as defined in 86.010

- 02 are not required to monitor the hybrid powertrain system or co mponents of the hybrid powertrain system

.

This section is intended to ensure that EPA is provided with information on hybrid powertrain system diagnostic capabilities during the 2013 through 2019 model

- years without creating a significant new reporting

re sponsibility for hybrid powertrain system manufacturers. It also requires that hybrid powertrain system manufacturers provide EPA with annual updates of the progress being made to integrate system diagnosticsRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 62 of 101 with the comprehensive monitoring and standard ization requirements that apply to engine monitoring systems as well as in achieving integration with the monitoring systems of 2020 and later model

- year engines with which they will be used. It also clarifies that the OBD “certification process” applies to engines not hybrid powertrain systems.

(iv) A hybrid powertrain system manufacturer, as defined i n 86.010

- 02, whose systems are used with 2013 through 2019 mod el

- year engines must provide technical description of the system’s fault detection and diagnostic capabilities to
the Administrator

. The Administrator will accept this information in the form provided by the manufacturer. In addition, manufacturers of hybrid powertrain systems must provide an annual report to the Administrator describing t he

manufacturer’s product plans, activities

, and progress toward achieving integration of their hybrid powertrain systems such that 2020 and later

- model

- year engine monitoring systems comply with the requirements of paragraph (i)(3) of this

section

.

( 5) Exceptions to OBD monitoring requirements.

(i) The Administrator may revise the PM filtering performance malfunction criteria for DPFs to exclude detection of specific failure modes such as partially melted substrates, if the most reliable monito ring method developed requires it.

( ii) The manufacturer may disable an OBD system monitor at ambient engine start temperatures below 20 degrees Fahrenheit (low ambient temperature conditions may be determined based on intake air or engine coolant tempera ture at engine start) or at elevations higher than 8,000 feet above sea level. To do so, the manufacturer must submit data and/or engineering analyses that demonstrate that monitoring is unreliable during the disable conditions. A manufacturer may request that an OBD system monitor be disabled at other ambient engine start temperatures by submitting data and/or engineering analyses demonstrating that misdiagnosis would occur at the given ambient temperatures due to their effect on the component itself (e.g. , component freezing).

( iii) The manufacturer may disable an OBD system monitor when the fuel level is 15 percent or less of the nominal fuel tank capacity for those monitors that can be affected by low fuel level or running out of fuel (e.g., misfire det ection). To do so, the manufacturer must submit data and/or engineering analyses that demonstrate that monitoring at the given fuel levels is unreliable, and that the OBD system is still able to detect a malfunction if the component(s) used to determine fu el level indicates erroneously a fuel level that causes the disablement.

( iv) The manufacturer may disable OBD monitors that can be affected by engine battery or system voltage levels.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 63 of 101 ( A) For an OBD monitor affected by low vehicle battery or system volt ages, manufacturers may disable monitoring when the battery or system voltage is below 11.0 Volts. The manufacturer may use a voltage threshold higher than 11.0 Volts to disable monitors but must submit data and/or engineering analyses that

demonstrate tha t monitoring at those voltages is unreliable and that either operation of a vehicle below the disablement criteria for extended periods of time is unlikely or the OBD system monitors the battery or system voltage and will detect a malfunction at the voltag e used to disable other monitors.

( B) For an OBD monitor affected by high engine battery or system voltages, the manufacturer may disable monitoring when the battery or system voltage exceeds

a manufacturer

- defined voltage. To do so, the manufacturer must submit data and/or engineering analyses that demonstrate that monitoring above the

manufacturer

- defined voltage is unreliable and that either the electrical charging system/alternator warning light will be activated (or voltage gauge would be in

the “ red zone ” ) or the OBD system monitors the battery or system voltage and will detect a malfunction at the voltage used to disable other monitors.

( v) The manufacturer may also disable affected OBD monitors in systems designed

to accommodate the installation of power take off (PTO) units provided monitors are disabled only while the PTO unit is active and the OBD readiness status (see paragraph (k)(4)(i) of this section) is cleared by the onboard computer (i.e., all

monitors set to indicate “ not complete ” or “ no t ready ” ) while the PTO unit is activated. If monitors are so disabled and when the disablement ends, the readiness status may be restored to its state prior to PTO activation.

( 6) Feedback control system monitoring. If the engine is equipped with feedbac k control of any of the systems covered in paragraphs (g), (h) and (i) of this section, then the OBD system must detect as malfunctions the conditions specified in this paragraph (i)(6) for each of the individual feedback controls.

( i) The OBD system must detect when the system fails to begin feedback control within a manufacturer specified time interval.

( ii) When any malfunction or deterioration causes open loop or limp

- home operation.

( iii) When feedback control has used up all of the adjustment allow ed by the

manufacturer.

( iv) A manufacturer may temporarily disable monitoring for malfunctions specified in paragraph (i)(6)(iii) of this section during conditions that the specific monitor cannot distinguish robustly between a malfunctioning system and a properly operating system. To do so, the manufacturer is required to submit data and/or engineering analyses demonstrating that the individual feedback control system, when operating as designed on an engine with all emission controls working properly, r outinely operates during these conditions while having used up all of theRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 64 of 101 adjustment allowed by the manufacturer. In lieu of detecting, with a system specific monitor, the malfunctions specified in paragraphs (i)(6)(i) and (i)(6)(ii) of this

section the OB D system may monitor the individual parameters or components that are used as inputs for individual feedback control systems provided that the monitors detect all malfunctions that meet the criteria of paragraphs (i)(6)(i) and (i)(6)(ii) of this section.

( j ) Production evaluation testing

(1) Verification of standardization requirements.

(i) For model years 2013 and later, the manufacturer must perform testing to verify that production vehicles meet the requirements of paragraphs (k)(3) and (k)(4) of

this section relevant to the proper communication of required emissions

- related messages to a SAE J1978 or SAE J1939 (both as specified in paragraph (k)(1) of this section) scan tool.

( ii) Selection of test vehicles.

(A) The manufacturer must perform this te sting every model year on ten unique production vehicles (i.e., engine rating and chassis application combination) per engine family. If there are less than ten unique production vehicles for a certain engine family, the manufacturer must test each unique production vehicle in that engine family. The manufacturer must perform this testing within either three months of the start of engine production or one month of the start of vehicle production, whichever is later. The manufacturer may request approval to group multiple production vehicles together and test one representative vehicle per group. To do so, the software and hardware designed to comply with the standardization requirements of paragraph (k)(1) of this section (e.g., communication protocol messag e timing, number of supported data stream parameters, engine and vehicle communication network architecture) in the representative vehicle must be identical to all others in the group and any differences in the production vehicles cannot be relevant with r espect to meeting the criteria of paragraph (j)(1)(iv) of this section.

( B) For 2016 and subsequent model years, the required number of vehicles to be tested shall be reduced to five per engine family provided zero vehicles fail the testing required by pa ragraph (j)(1) of this section for two consecutive years.

( C) For 2019 and subsequent model years, the required number of vehicles to be tested shall be reduced to three per engine family provided zero vehicles fail the testing required by paragraph (j)(1 ) of this section for three consecutive years.

( D) The requirement for submittal of data from one or more of the production vehicles shall be waived if data have been submitted previously for all of the production vehicles. The manufacturer may request ap proval to carry over data collected in previous model years. To do so, the software and hardware designedRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 65 of 101 to comply with the standardization requirements of paragraph (k)(1) of this section must be identical to the previous model year and there must not ha ve been other hardware or software changes that affect compliance with the standardization requirements.

( iii) Test equipment. For the testing required by paragraph (j)(1) of this section, the

manufacturer shall use an off

- board device to conduct the testing. The manufacturer

must be able to show that the off

- board device is able to verify that the vehicles tested using the device are able to perform all of the required functions in paragraph (j)(1)(iv) of this section with any other off

- board device d esigned and built in accordance with the SAE J1978 or SAE J1939 (both as specified in paragraph (k)(1) of this section) generic scan tool specifications.

( iv) Required testing. The testing must verify that communication can be established properly between all emission

- related on

- board computers and a SAE J1978 or SAE J1939 (both as specified in paragraph (k)(1) of this section) scan tool designed to adhere strictly to the communication protocols allowed in paragraph (k)(3) of this section. The testing must also verify that all emission

- related information is communicated properly between all emission

- related on

- board computers and a SAE J1978 or SAE J1939 (both as specified in paragraph (k)(1) of this section) scan tool in accordance with the requirements o f paragraph (k)(1) of this section and the applicable ISO and SAE specifications including specifications for physical layer, network layer, message structure, and message content. The testing must also verify that the onboard computer(s) can properly resp ond to a SAE J1978 or SAE J1939 (both as specified in paragraph (k)(1) of this section) scan tool request to clear emissions

- related DTCs and reset the ready status in accordance with paragraph (k)(4)(ix) of this section. The testing must further verify th at the following information can be properly communicated to a SAE J1978 or SAE J1939 (both as specified in paragraph (k)(1) of this section) scan tool:

( A) The current ready status from all onboard computers required to support ready

status in accordance with SAE J1978 or SAE J1939

- 73 (both as specified in paragraph (k)(1) of this section) and paragraph (k)(4)(i) of this section in the key

on, engine

- off position and while the engine is running.

( B) The MIL command status while a deactivated MIL is comma nded and while

an activated MIL is commanded in accordance with SAE J1979 or SAE J1939 (both as specified in paragraph (k)(1) of this section) and paragraph (k)(4)(ii) of this section in the key

- on, engine

- off position and while the engine is running, and in accordance with SAE J1979 or SAE J1939 (both as specified in paragraph (k)(1) of this section) and paragraphs (b)(1)(ii) of this section during the MIL functional check, if applicable, and, if applicable, (k)(4)(i)(C) of this section during the MIL read y status check while the engine is off.

( C) All data stream parameters required in paragraph (k)(4)(ii) of this section in accordance with SAE J1979 or SAE J1939 (both as specified in paragraph (k)(1)Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 66 of 101 of this section) including, if applicable, the proper identification of each data stream parameter as supported in SAE J1979 (e.g., Mode/Service $01, PID $00).

( D) The CAL ID, CVN, and VIN as required by paragraphs (k)(4)(vi), (k)(4)(vii), and (k)(4)(viii) of this section and in accordance with SAE J1979 or SAE J1939 (both as specified in paragraph (k)(1) of this section).

( E) An emissions

- related DTC (permanent, pending, MIL

- on, previous

- MIL

- on)

in accordance with SAE J1979 or SAE J1939

- 73 (both as specified in paragraph (k)(1) of this section) including th e correct indication of the number of stored DTCs (e.g., Mode/Service $01, PID $01, Data A for SAE J1979 (as specified in paragraph (k)(1) of this section)) and paragraph (k)(4)(iv) of this section.

( v) Reporting of results. The manufacturer must submit t o the Administrator the following, based on the results of the testing required by paragraph (j)(1)(iv) of this

section:

( A) If a variant meets all the requirements of paragraph (j)(1)(iv) of this section, a statement specifying that the variant passed al l the tests. Upon request from the Administrator, the detailed results of any such testing may have to be submitted.

( B) If any variant does not meet the requirements paragraph (j)(1)(iv) of this section, a written report detailing the problem(s) identifi ed and the manufacturer ’ s proposed corrective action (if any) to remedy the problem(s). This report must be submitted within one month of testing the specific variant. The Administrator will consider the proposed remedy and, if in disagreement, will work w ith the manufacturer to propose an alternative remedy. Factors to be considered by the Administrator in considering the proposed remedy will include the severity of the problem(s), the ability of service technicians to access the required diagnostic

inform ation, the impact on equipment and tool manufacturers, and the amount of time prior to implementation of the proposed corrective action.

( vi) Alternative testing protocols. Manufacturers may request approval to use other testing protocols. To do so, the m anufacturer must demonstrate that the alternative testing methods and equipment will provide an equivalent level of verification of compliance with the standardization requirements as is required by paragraph (j)(1)

of this section.

( 2) Verification of mo nitoring requirements.

(i) Within either the first six months of the start of engine production or the first three months of the start of vehicle production, whichever is later, the manufacturer must conduct a complete evaluation of the OBD system of one or more production vehicles (test vehicles) and submit the results of the evaluation to the Administrator.

( ii) Selection of test vehicles.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 67 of 101 (A) For each engine selected for monitoring system demonstration in paragraph (l) of this section, the manufacture r must evaluate one production vehicle equipped with an engine from the same engine family and rating as the demonstration engine. The vehicle selection must be approved by the

Administrator.

( B) If the manufacturer is required to test more than one test vehicle, the manufacturer may test an engine in lieu of a vehicle for all but one of the required

test vehicles.

( C) The requirement for submittal of data from one or more of the test vehicles may be waived if data have been submitted previously for all o f the engine ratings

and variants.

( iii) Evaluation requirements.

(A) The evaluation must demonstrate the ability of the OBD system on the selected test vehicle to detect a malfunction, activate the MIL, and, where applicable, store an appropriate DTC re adable by a scan tool when a malfunction is present and the monitoring conditions have been satisfied for each individual monitor required by this section. For model years 2013 and later, the evaluation must demonstrate the ability of the OBD system on the selected test vehicle to detect a malfunction, activate the MIL, and, where applicable, store an appropriate DTC readable by a SAE J1978 or SAE J1939 (both as specified in paragraph (k)(1) of this section) scan tool when a malfunction is present and the

m onitoring conditions have been satisfied for each individual monitor required by

this section.

( B) The evaluation must verify that the malfunction of any component used to enable another OBD monitor but that does not itself result in MIL activation (e.g., fuel level sensor) will not inhibit the ability of other OBD monitors to detect malfunctions properly.

( C) The evaluation must verify that the software used to track the numerator and denominator for the purpose of determining in

- use monitoring frequency increments as required by paragraph (d)(2) of this section.

( D) Malfunctions may be implanted mechanically or simulated electronically, but internal onboard computer hardware or software changes shall not be used to

simulate malfunctions. For monitors th at are required to indicate a malfunction before emissions exceed an emission threshold, manufacturers are not required to use malfunctioning components/systems set exactly at their malfunction criteria limits. Emission testing is not required to confirm t hat the malfunction is detected before the appropriate emission thresholds are exceeded.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 68 of 101 ( E) The manufacturer must submit a proposed test plan for approval prior to performing evaluation testing. The test plan must identify the method used to

induce a mal function for each monitor.

( F) If the demonstration of a specific monitor cannot be reasonably performed without causing physical damage to the test vehicle (e.g., onboard computer internal circuit malfunctions), the manufacturer may omit the specific

dem onstration.

( G) For evaluation of test vehicles selected in accordance with paragraph (j)(2)(ii) of this section, the manufacturer is not required to demonstrate monitors that were demonstrated prior to certification as required in paragraph (l) of th is section.

( iv) The manufacturer must submit a report of the results of all testing conducted as required by paragraph (j)(2) of this section. The report must identify the method used to induce a malfunction in each monitor, the MIL activation status, an d the DTC(s) stored.

( 3) Verification of in

- use monitoring performance ratios.

(i) The manufacturer must collect and report in

- use monitoring performance data representative of production vehicles (i.e., engine rating and chassis application combination) . The manufacturer must collect and report the data to the Administrator within 12 months after the first production vehicle was first

introduced into commerce.

( ii) The manufacturer must separate production vehicles into the monitoring performance groups and submit data that represents each of these groups. The groups shall be based on the following criteria:

( A) Emission control system architecture. All engines that use the same or similar emissions control system architecture (e.g., EGR with DPF and SC R; EGR with

DPF and NOx adsorber; EGR with DPF

- only) and associated monitoring system would be in the same emission architecture category.

( B) Vehicle application type. Within an emission architecture category, engines shall be separated into one of three vehicle application types: Engines intended primarily for line

- haul chassis applications, engines intended primarily for urban delivery chassis applications, and all other engines.

( iii) The manufacturer may use an alternative grouping method to collect representative data. To do so, the manufacturer must show that the alternative groups include production vehicles using similar emission controls, OBD strategies, monitoring condition calibrations, and vehicle application driving/usage patterns

such that t hey are expected to have similar in

- use monitoring performance. The manufacturer will still be required to submit one set of data for each of the alternative groups.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 69 of 101 ( iv) For each monitoring performance group, the data must include all of the in

- use perfo rmance tracking data (i.e., all numerators, denominators, the general denominator, and the ignition cycle counter), the date the data were collected, the odometer reading, the VIN, and the calibration ID. For model years 2013 and later, for each monitoring performance group, the data must include all of the in

- use performance tracking data reported through SAE J1979 or SAE J1939 (both as specified in paragraph (k)(1) of this section; i.e., all numerators, denominators, the general denominator, and the ignit ion cycle counter), the date the data were collected, the odometer reading, the VIN, and the calibration ID.

( v) The manufacturer must submit a plan to the Administrator that details the types of production vehicles in each monitoring performance group, t he number of vehicles per group to be sampled, the sampling method, the timeline to collect the data, and the reporting format. The plan must provide for effective collection of data from, at least, 15 vehicles per monitoring performance group and provide for data that represent a broad range of temperature conditions. The plan shall not, by design, exclude or include specific vehicles in an attempt to collect data only from vehicles expected to have the highest in

- use performance ratios.

( vi) The 12 month deadline for reporting may be extended to 18 months if the manufacturer can show that the delay is justified. In such a case, an interim report of progress to date must be submitted within the 12 month deadline.

( k) Standardization requirements

(1) Refe rence materials. The following documents are incorporated by reference, see § 86.1. Anyone may inspect copies at the U.S. EPA or at the National Archives and Records Administration (NARA). For information on the availability of this material
at U.S. EPA, N ARA, or the standard making bodies directly, refer to § 86.1.

( i) SAE J1930, Revised April 2002.

( ii) SAE J1939, Revised October 2007.

( iii) SAE J1939

- 13, Revised March 2004, for model years 2013 and later.

( iv) SAE J1939

- 73, Revised September 2006

.

( v) SAE J1962, Revised April 2002, for model years 2013 and later.

( vi) SAE J1978, Revised April 2002.

( vii) SAE J1979, Revised May 2007.

( viii) SAE J2012, Revised April 2002.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 70 of 101 ( ix) SAE J2403, Revised August 2007.

( x) ISO 15765

- 4:2005(E), January 15 , 2005.

( 2) Diagnostic connector. For model years 2010 through 2012, the manufacturer

defined data link connector must be accessible to a trained service technician. For model years 2013 and later, a standard data link connector conforming to SAE J1962 (a s specified in paragraph (k)(1) of this section) or SAE J1939

- 13 (as specified in paragraph (k)(1) of this section) specifications (except as provided for in paragraph (k)(2)(iii) if this section) must be included in each vehicle.

( i) For model years 2013 and later, the connector must be located in the driver ’ s side foot

- well region of the vehicle interior in the area bound by the driver ’ s side of

the vehicle and the driver ’ s side edge of the center console (or the vehicle centerline

if the vehicle does no t have a center console) and at a location no higher than the bottom of the steering wheel when in the lowest adjustable position. The connector shall not be located on or in the center console (i.e., neither on the horizontal faces

near the floor

- mounted gear selector, parking brake lever, or cup

- holders nor on the vertical faces near the car stereo, climate system, or navigation system controls). The location of the connector shall be capable of being easily identified and accessed (e.g., to connect an of f

- board tool). For vehicles equipped with a driver ’ s side door, the connector must be identified and accessed easily by someone standing (or “ crouched ” ) on the ground outside the driver ’ s side of the vehicle with

the driver ’ s side door open. The Administra tor may approve an alternative location upon request from the manufacturer. In all cases, the installation position of the connector must be both identified and accessed easily by someone standing outside the vehicle and protected from accidental damage du ring normal vehicle use.

( ii) For model years 2013 and later, if the connector is covered, the cover must be removable by hand without the use of any tools and be labeled “ OBD ” to aid technicians in identifying the location of the connector. Access to the diagnostic connector shall not require opening or the removal of any storage accessory (e.g., ashtray, coinbox). The label must clearly identify that the connector is located behind the cover and is consistent with language and/or symbols commonly used in the automobile and/or heavy truck industry.

( iii) For model years 2013 and later, if the ISO 15765

- 4:2005(E) (as specified in paragraph (k)(1) of this section) communication protocol is used for the required OBD standardized functions, the connector must meet the “ Type A ” specifications of SAE J1962 (as specified in paragraph (k)(1) of this section). Any pins in the connector that provide electrical power must be properly fused to protect the integrity and usefulness of the connector for diagnostic purpos es and shall not exceed 20.0 Volts DC regardless of the nominal vehicle system or battery voltage (e.g., 12V, 24V, 42V).

( iv) For model years 2013 and later, if the SAE J1939 (as specified in paragraph (k)(1) of this section) protocol is used for the requ ired OBD standardized functions,Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 71 of 101 the connector must meet the specifications of SAE J1939

- 13 (as specified in paragraph (k)(1) of this section). Any pins in the connector that provide electrical power must be properly fused to protect the integrity and usef ulness of the connector for diagnostic purposes.

( v) For model years 2013 and later, the manufacturer may equip engines/vehicles with additional diagnostic connectors for manufacturer

- specific purposes (i.e., purposes other than the required OBD functions ). However, if the additional

connector conforms to the “ Type A ” specifications of SAE J1962 (as specified in paragraph (k)(1) of this section) or the specifications of SAE J1939

- 13 (as specified in paragraph (k)(1) of this section) and is located in the v ehicle interior near the required connector as described in this paragraph (k)(2), the connector(s) must be labeled clearly to identify which connector is used to access the standardized OBD information required by paragraph (k) of this section.

( 3) Commu nications to a scan tool. For model years 2013 and later, all OBD control modules (e.g., engine, auxiliary emission control module) on a single vehicle must use the same protocol for communication of required emission

- related messages from

on

- board to off

- board network communications to a scan tool meeting SAE J1978 (as specified in paragraph (k)(1) of this section) specifications or designed to communicate with an SAE J1939 (as specified in paragraph (k)(1) of this section) network. Engine manufacturers sh all not alter normal operation of the engine emission control system due to the presence of off

- board test equipment accessing information required by this paragraph (k). The OBD system must use one of the following standardized protocols:

( i) ISO 15765

- 4 :2005(E) (as specified in paragraph (k)(1) of this section). All required emission

- related messages using this protocol must use a 500 kbps baud

rate.

( ii) SAE J1939 (as specified in paragraph (k)(1) of this section). This protocol may only be used on veh icles with diesel engines.

( 4) Required emission related functions. The following functions must be implemented and must be accessible by, at a minimum, a manufacturer scan tool. For model years 2013 and later, the following standardized functions must be implemented in accordance with the specifications in SAE J1979 (as specified in paragraph (k)(1) of this section) or SAE J1939 (as specified in paragraph (k)(1) of this section) to allow for access to the required information by a scan tool meeting

SAE J1 978 (as specified in paragraph (k)(1) of this section) specifications or designed to communicate with an SAE J1939 (as specified in paragraph (k)(1) of this section)

network:

( i) Ready status. The OBD system must indicate, in accordance with SAE J1979 or

SAE J1939

- 73 (both as specified in paragraph (k)(1) of this section) specifications for model years 2013 and later, “ complete ” or “ not complete ” for each of the installed monitored components and systems identified in paragraphs (g), (h) withRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 72 of 101 the exception of (h)(4), and (i)(3) of this section. All components or systems identified in paragraphs (h)(1), (h)(2), or (i)(3) of this section that are monitored continuously must always indicate “ complete. ” Components or systems that are not subject to being monito red continuously must immediately indicate “ complete ” upon the respective monitor(s) being executed fully and determining that the component or system is not malfunctioning. A component or system must also

indicate “ complete ” if, after the requisite number of decisions necessary for determining MIL status has been executed fully, the monitor indicates a malfunction of the component or system. The status for each of the monitored components or systems must indicate “ not complete ” whenever diagnostic memory

h as been cleared or erased by a means other than that allowed in paragraph (b) of this section. Normal vehicle shut down (i.e., key

- off/engine

- off) shall not cause the

status to indicate “ not complete. ”

( A) The manufacturer may request that the ready statu s for a monitor be set to

indicate “ complete ” without the monitor having completed if monitoring is disabled for a multiple number of drive cycles due to the continued presence of extreme operating conditions (e.g., cold ambient temperatures, high altitude s). Any such request must specify the conditions for monitoring system disablement and the number of drive cycles that would pass without monitor completion before ready status would be indicated as “ complete. ”

( B) For the evaporative system monitor, the ready status must be set in accordance with this paragraph (k)(4)(i) when both the functional check of the purge valve and, if applicable, the leak detection monitor of the hole size specified in paragraph (h)(7)(ii)(B) of this section indicate that they a re complete.

( C) If the manufacturer elects to indicate ready status through the MIL in the key

on/engine

- off position as provided for in paragraph (b)(1)(iii) of this section, the ready status must be indicated in the following manner: If the ready statu s for all monitored components or systems is “ complete, ” the MIL shall remain continuously activated in the key

- on/engine

- off position for at least 10

- 20 seconds. If the ready status for one or more of the monitored components or systems is “ not complete, ” after at least 5 seconds of operation in the key

on/engine

- off position with the MIL activated continuously, the MIL shall blink once per second for 5

- 10 seconds. The data stream value for MIL status as required in paragraph (k)(4)(ii) of this section mus t indicate “ commanded off ” during this sequence unless the MIL has also been “ commanded on ” for a

detected malfunction.

( ii) Data stream. For model years 2010 through 2012, the following signals must be made available on demand through the data link conne ctor. For model years 2013 and later, the following signals must be made available on demand through the

standardized data link connector in accordance with SAE J1979 or SAE J1939 (both as specified in paragraph (k)(1) of this section) specifications. The actual signal value must always be used instead of a limp home value. Data link signals may report an error state or other predefined status indicator if they are defined forRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 73 of 101 those signals in the SAE J1979 or SAE J1939 (both as specified in paragraph (k)(1 ) of this section) specifications.

( A) For gasoline engines.

1

. Calculated load value, engine coolant temperature, engine speed, vehicle speed, and time elapsed since engine start.

2

. Absolute load, fuel level (if used to enable or disable any other mon itors), barometric pressure (directly measured or estimated), engine control module system voltage, and commanded equivalence ratio.

3

. Number of stored MIL

- on DTCs, catalyst temperature (if directly measured or estimated for purposes of enabling the cata lyst monitor(s)), monitor status (i.e., disabled for the rest of this drive cycle, complete this drive cycle, or not complete this drive cycle) since last engine shut

- off for each monitor used for ready status, distance traveled (or engine run time for eng ines not using vehicle speed information) while MIL activated, distance traveled (or engine run time for engines not using vehicle speed information) since DTC memory last erased, and number of warm

- up cycles since DTC memory last erased, OBD requirements to which the engine is certified (e.g., California OBD, EPA OBD, European OBD, non

- OBD) and MIL status (i.e., commanded

- on or commanded

- off).

( B) For diesel engines.

1

. Calculated load (engine torque as a percentage of maximum torque

available at the cur rent engine speed), driver ’ s demand engine torque (as a percentage of maximum engine torque), actual engine torque (as a percentage of maximum engine torque), reference engine maximum torque, reference maximum engine torque as a function of engine speed (s uspect parameter numbers (SPN) 539 through 543 defined by SAE J1939 (as specified in paragraph (k)(1) of this section) within parameter group number (PGN) 65251 for engine configuration), engine coolant temperature, engine oil temperature (if used for emis sion control or any OBD monitors), engine speed, and time elapsed since engine start.

2

. Fuel level (if used to enable or disable any other monitors), vehicle speed (if used for emission control or any OBD monitors), barometric pressure (directly measured or estimated), and engine control module system voltage.

3

. Number of stored MIL

- on DTCs, monitor status (i.e., disabled for the rest of this drive cycle, complete this drive cycle, or not complete this drive cycle) since last engine shut

- off for each mo nitor used for ready status, distance traveled (or engine run time for engines not using vehicle speed information) while MIL activated, distance traveled (or engine run time for engines not using vehicle speed information) since DTC memory last erased, nu mber ofRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 74 of 101 warm

- up cycles since DTC memory last erased, OBD requirements to which the engine is certified (e.g., California OBD, EPA OBD, European OBD, non

OBD), and MIL status (i.e., commanded

- on or commanded

- off).

4

. NOx NTE control area status (i.e., insi de control area, outside control area,

inside manufacturer

- specific NOx NTE carve

- out area, or deficiency active area) and PM NTE control area status (i.e., inside control area, outside control area, inside manufacturer

- specific PM NTE carve

- out area, or d eficiency active area).

5

. For purposes of the calculated load and torque parameters in paragraph (k)(4)(ii)(B)(1) of this section, manufacturers must report the most accurate values that are calculated within the applicable electronic control unit (e.g., the engine control module). Most accurate, in this context, must be of sufficient accuracy, resolution, and filtering to be used for the purposes of in

use emission testing with the engine still in a vehicle (e.g., using portable emission measurement equi pment).

( C) For all engines so equipped.

1

. Absolute throttle position, relative throttle position, fuel control system status (e.g., open loop, closed loop), fuel trim, fuel pressure, ignition timing advance, fuel injection timing, intake air/manifo ld temperature, engine intercooler temperature, manifold absolute pressure, air flow rate from mass air flow sensor, secondary air status (upstream, downstream, or atmosphere), ambient air temperature, commanded purge valve duty cycle/position,

commanded E GR valve duty cycle/position, actual EGR valve duty cycle/position, EGR error between actual and commanded, PTO status (active or not active), redundant absolute throttle position (for electronic throttle or other systems that utilize two or more sensors), absolute pedal position, redundant absolute pedal position, commanded throttle motor position, fuel rate, boost pressure, commanded/target boost pressure, turbo inlet air temperature, fuel rail pressure, commanded fuel rail pressure, DPF inlet pressure, D PF inlet temperature, DPF outlet pressure, DPF outlet temperature, DPF delta pressure, exhaust pressure sensor output, exhaust gas temperature sensor output, injection control pressure, commanded injection control pressure, turbocharger/turbine speed, vari able geometry turbo position, commanded variable geometry turbo position, turbocharger compressor inlet temperature, turbocharger compressor inlet pressure, turbocharger turbine inlet temperature, turbocharger turbine outlet temperature, waste gate valve

p osition, and glow plug lamp status.

2

. Oxygen sensor output, air/fuel ratio sensor output, NOx sensor output, and evaporative system vapor pressure.

( iii) Freeze frame.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 75 of 101 (A) For model years 2010 through 2012, “ Freeze frame ” information required to

be sto red pursuant to paragraphs (b)(2)(iv), (h)(1)(iv)(D), and (h)(2)(vi) of this section must be made available on demand through the data link connector. For model years 2013 and later, “ Freeze frame ” information required to be stored pursuant to paragraphs ( b)(2)(iv), (h)(1)(iv)(D), and (h)(2)(vi) of this section must be made available on demand through the standardized data link connector in

accordance with SAE J1979 or SAE J1939

- 73 (both as specified in paragraph (k)(1) of this section) specifications.

( B) “ Freeze frame ” conditions must include the DTC that caused the data to be stored along with all of the signals required in paragraphs (k)(4)(ii)(A)(1) and (k)(4)(ii)(B)(1) of this section. Freeze frame conditions must also include all of the signals requi red on the engine in paragraphs (k)(4)(ii)(A)(2) and (k)(4)(ii)(B)(2) of this section, and paragraph (k)(4)(ii)(C)(1) of this section that are used for diagnostic or control purposes in the specific monitor or emission

critical powertrain control unit that stored the DTC.

( C) Only one frame of data is required to be recorded. For model years 2010 through 2012, the manufacturer may choose to store additional frames provided that at least the required frame can be read by, at a minimum, a manufacturer scan

t ool. For model years 2013 and later, the manufacturer may choose to store additional frames provided that at least the required frame can be read by a scan tool meeting SAE J1978 (as specified in paragraph (k)(1) of this section) specifications or designed to communicate with an SAE J1939 (as specified in paragraph (k)(1) of this section) network.

( iv) Diagnostic trouble codes.

(A) For model years 2010 through 2012, For all monitored components and systems, any stored pending, MIL

- on, and previous

- MIL

- on DTCs must be made available through the diagnostic connector. For model years 2013 and later, all monitored components and systems, any stored pending, MIL

- on, and previous

MIL

- on DTCs must be made available through the diagnostic connector in a

standardiz ed format in accordance with SAE J1939 (as specified in paragraph (k)(1) of this section) or ISO 15765

- 4:2005(E) (as specified in paragraph (k)(1) of this section) specifications; standardized DTCs conforming to the applicable standardized specifications m ust be employed.

( B) The stored DTC must, to the extent possible, pinpoint the probable cause of the malfunction or potential malfunction. To the extent feasible, the manufacturer must use separate DTCs for every monitor where the monitor and repair

proce dure or probable cause of the malfunction is different. In general, rationality and functional checks must use different DTCs than the respective circuit integrity checks. Additionally, to the extent possible, input component circuit integrity checks must use different DTCs for distinct malfunctions (e.g., out

- of

range low, out

- of

- range high, open circuit).Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 76 of 101 ( C) The manufacturer must use appropriate standard

- defined DTCs whenever possible. With Administrator approval, the manufacturer may use manufacturer

d efined DTCs in accordance with the applicable standard ’ s specifications. To do so, the manufacturer must be able to show a lack of available standard

- defined DTCs, uniqueness of the monitor or monitored component, expected future usage

of the monitor or co mponent, and estimated usefulness in providing additional diagnostic and repair information to service technicians. Manufacturer

- defined DTCs must be used in a consistent manner (i.e., the same DTC shall not be used to represent two different failure modes ) across a manufacturer ’ s entire product

line.

( D) For model years 2010 through 2012, a pending or MIL

- on DTC (as required in paragraphs (g) through (i) of this section) must be stored and available to, at a minimum, a manufacturer scan tool within 10 sec onds after a monitor has determined that a malfunction or potential malfunction has occurred. A permanent DTC must be stored and available to, at a minimum, a manufacturer scan tool no later than the end of an ignition cycle in which the corresponding MIL

- on DTC that caused MIL activation has been stored. For model years 2013 and later, a pending or MIL

- on DTC (as required in paragraphs (g) through (i) of this section) must be stored and available to an SAE J1978 (as specified in paragraph (k)(1) of

this se ction) or SAE J1939 (as specified in paragraph (k)(1) of this section) scan

tool within 10 seconds after a monitor has determined that a malfunction or potential malfunction has occurred. A permanent DTC must be stored and available to an SAE J1978 (as spe cified in paragraph (k)(1) of this section) or SAE J1939 (as specified in paragraph (k)(1) of this section) scan tool no later than the end of an ignition cycle in which the corresponding MIL

- on DTC that caused

MIL activation has been stored.

( E) For mode l years 2010 through 2012, pending DTCs for all components and systems (including those monitored continuously and non

- continuously) must be made available through the diagnostic connector. For model years 2013 and later, pending DTCs for all components an d systems (including those monitored continuously and non

- continuously) must be made available through the diagnostic connector in accordance with the applicable standard ’ s specifications. For all model years, a manufacturer using alternative statistical p rotocols for MIL activation as allowed in paragraph (b)(2)(iii) of this section must submit the details of their protocol for setting pending DTCs. The protocol must be, overall, equivalent to the requirements of this paragraph (k)(4)(iv)(E) and provide se rvice technicians with a quick and accurate indication of a potential malfunction.

( F) For model years 2010 through 2012, permanent DTC for all components and systems must be made available through the diagnostic connector in a format that distinguishes p ermanent DTCs from pending DTCs, MIL

- on DTCs, and previous

MIL

- on DTCs. A MIL

- on DTC must be stored as a permanent DTC no later than the end of the ignition cycle and subsequently at all times that the MIL

- on DTC is commanding the MIL on. For model years 2 013 and later, permanent DTC for all components and systems must be made available through the diagnostic connectorRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 77 of 101 in a standardized format that distinguishes permanent DTCs from pending DTCs,

MIL

- on DTCs, and previous

- MIL

- on DTCs. A MIL

- on DTC must be st ored as a permanent DTC no later than the end of the ignition cycle and subsequently at all

times that the MIL

- on DTC is commanding the MIL on. For all model years, permanent DTCs must be stored in non

- volatile random access memory (NVRAM) and shall not be erasable by any scan tool command or by disconnecting power to the on

- board computer. Permanent DTCs must be erasable if the engine control module is reprogrammed and the ready status described in paragraph (k)(4)(i) of this section for all monitored comp onents and

systems are set to “ not complete. ” The OBD system must have the ability to store

a minimum of four current MIL

- on DTCs as permanent DTCs in NVRAM. If the

number of MIL

- on DTCs currently commanding activation of the MIL exceeds

the maximum number of permanent DTCs that can be stored, the OBD system

must store the earliest detected MIL

- on DTC as permanent DTC. If additional

MIL

- on DTCs are stored when the maximum number of permanent DTCs is already stored in NVRAM, the OBD system shall not replace any existing permanent DTC with the additional MIL

- on DTCs.

( v) Test results.

(A) For model years 2010 through 2012 and except as provided for in paragraph (k)(4)(v)(G) of this section, for all monitored components and systems identified in paragraphs (g ) and (h) of this section, results of the most recent monitoring of the components and systems and the test limits established for monitoring the respective components and systems must be stored and available through the data link. For model years 2013 and later and except as provided for in paragraph (k)(4)(v)(G) of this section, for all monitored components and systems identified in paragraphs (g) and (h) of this section, results of the most recent monitoring of the components and systems and the test lim its established for monitoring the respective components and systems must be stored and available through the data link in accordance with the standardized format specified in SAE J1979 (as specified in paragraph (k)(1) of this section) for engines using t he ISO 15765

- 4:2005(E) (as specified in paragraph (k)(1) of this section) protocol or SAE J1939 (as specified in paragraph (k)(1) of this section).

( B) The test results must be reported such that properly functioning components and systems (e.g., “ passing ” systems) do not store test values outside of the

established test limits. Test limits must include both minimum and maximum acceptable values and must be defined so that a test result equal to either test limit

is a “ passing ” value, not a “ failing ” value

.

( C) For model years 2013 and later, the test results must be standardized such that the name of the monitored component (e.g., catalyst bank 1) can be identified by a generic scan tool and the test results and limits can be scaled and reported by a

gene ric scan tool with the appropriate engineering units.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 78 of 101 ( D) The test results must be stored until updated by a more recent valid test result or the DTC memory of the OBD system computer is cleared. Upon DTC memory being cleared, test results reported for mo nitors that have not yet completed with valid test results since the last time the fault memory was cleared must report

values of zero for the test result and test limits.

( E) All test results and test limits must always be reported and the test results

m ust be stored until updated by a more recent valid test result or the DTC memory of the OBD system computer is cleared.

( F) The OBD system must store and report unique test results for each separate

monitor.

( G) The requirements of this paragraph (k)(4)( v) do not apply to continuous fuel system monitoring, cold start emission reduction strategy monitoring, and continuous circuit monitoring.

( vi) Software calibration identification (CAL ID). On all engines, a single software

calibration identification num ber (CAL ID) for each monitor or emission critical control unit(s) must be made available through, for model years 2010 through 2012, the data link connector or, for model years 2013 and later, the standardized data link

connector in accordance with the SA E J1979 or SAE J1939 (both as specified in paragraph (k)(1) of this section) specifications. A unique CAL ID must be used for every emission

- related calibration and/or software set having at least one bit of different data from any other emission

- related c alibration and/or software set. Control units coded with multiple emission or diagnostic calibrations and/or software sets must indicate a unique CAL ID for each variant in a manner that

enables an off

- board device to determine which variant is being used by the engine. Control units that use a strategy that will result in MIL activation if the incorrect variant is used (e.g., control units that contain variants for manual and automatic

transmissions but will activate the MIL if the selected variant does no t match the type of transmission mated to the engine) are not required to use unique CAL IDs. Manufacturers may request Administrator approval to respond with more than one CAL ID per diagnostic or emission critical control unit. Administrator approval of the request shall be based on the method used by the manufacturer to ensure each control unit will respond to a scan tool with the CAL IDs in order of highest to lowest priority with regards to areas of the software most critical to emission and OBD system performance.

( vii) Software calibra tion verification number (CVN).

(A) All engines must use an algorithm to calculate a single calibration verification number (CVN) that verifies the on

- board computer software integrity for each

monitor or emission crit ical control unit that is electronically reprogrammable. The CVN must be made available through, for model years 2010 through 2012, the data link connector or, for model years 2013 and later, the standardized data

link connector in accordance with the SAE J1979 or SAE J1939 (both as specifiedRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 79 of 101 in paragraph (k)(1) of this section) specifications. The CVN must indicate

whether the emission

- related software and/or calibration data are valid and applicable for the given vehicle and CAL ID. For systems having mor e than one CAL ID as allowed under paragraph (k)(4)(vi) of this section, one CVN must be made available for each CAL ID and must be output to a scan tool in the same order as the corresponding CAL IDs. For 2010 through 2012, manufacturers may

use a default value for the CVN if their emissions critical powertrain control modules are not programmable in the field. For all years, manufacturers may use a default value for the CVN if their emissions critical powertrain control modules

are one

- time programmable o r masked read

- only memory. Any default CVN shall be 00000000 for systems designed in accordance with the SAE J1979 (as specified in paragraph (k)(1) of this section) specifications, and FFFFFFFFh for systems designed in accordance with the SAE J1939 (as sp ecified in paragraph (k)(1) of this section) specifications.

( B) The CVN algorithm used to calculate the CVN must be of sufficient complexity that the same CVN is difficult to achieve with modified calibration

values.

( C) The CVN must be calculated at le ast once per ignition cycle and stored until the CVN is subsequently updated. Except for immediately after a reprogramming

event or a non

- volatile memory clear or for the first 30 seconds of engine operation after a volatile memory clear or battery disconn ect, the stored value must be made available through, for model years 2010 through 2012, the data link connector to, at a minimum, a manufacturer scan tool or, for model years 2013 and later, the data link connector to a generic scan tool in accordance wit h SAE J1979 or SAE J1939 (both as specified in paragraph (k)(1) of this section) specifications. For model years 2010 through 2012, the stored CVN value shall not be erased when DTC memory is erased or during normal vehicle shut down (i.e., key

- off/engine

- off). For model years 2013 and later, the stored CVN value shall not be erased when DTC memory is erased by a generic scan tool in accordance with SAE J1979 or SAE J1939 (both as specified in paragraph (k)(1) of this section) specifications or during norma l vehicle shut down (i.e., key

off/engine

- off).

( D) For model years 2013 and later, the CVN and CAL ID combination information must be available for all engines/vehicles in a standardized electronic

format that allows for off

- board verification that the C VN is valid and appropriate for a specific vehicle and CAL ID.

( viii) Vehic le identification number (VIN).

(A) For model years 2010 through 2012, all vehicles must have the vehicle identification number (VIN) available through the data link connector to, at a minimum, a manufacturer scan tool Only one electronic control unit per vehicle may report the VIN to a scan tool. For model years 2013 and later, all vehicles must have the vehicle identification number (VIN) available in a standardizedRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 80 of 101 format throug h the standardized data link connector in accordance with SAE J1979 or SAE J1939 (both as specified in paragraph (k)(1) of this section) specifications. Only one electronic control unit per vehicle may report the VIN to an SAE J1978 or SAE J1939 (both as s pecified in paragraph (k)(1) of this section)

scan tool.

( B) If the VIN is reprogrammable, all emission

- related diagnostic information identified in paragraph (k)(4)(ix)(A) of this section must be erased in conjunction with reprogramming of the VIN.

( ix) Era sure of diagnostic information.

(A) For purposes of this paragraph (k)(4)(ix), “ emission

- related diagnostic

information ” includes all of the following: ready status as required by paragraph (k)(4)(i) of this section; data stream information as require d by paragraph (k)(4)(ii) of this section including the number of stored MIL

- on DTCs, distance traveled while MIL activated, number of warm

- up cycles since DTC memory last erased, and distance traveled since DTC memory last erased; freeze frame

information as required by paragraph (k)(4)(iii) of this section; pending, MIL

- on, and previous

- MIL

- on DTCs as required by paragraph (k)(4)(iv) of this section; and, test results as required by paragraph (k)(4)(v) of this section.

( B) For all engines, the emission

- r elated diagnostic information must be erased if commanded by any scan tool and may be erased if the power to the on

- board computer is disconnected. If any of the emission

- related diagnostic information is commanded to be erased by any scan tool, all emissi on

- related diagnostic information must be erased from all diagnostic or emission critical control units. The OBD system shall not allow a scan tool to erase a subset of the emission

related diagnostic information (e.g., the OBD system shall not allow a sca n tool to erase only one of three stored DTCs or only information from one control unit without erasing information from the other control unit(s)).

( 5) In

- use performan ce ratio tracking requirements.

(i) For each monitor required in paragraphs (g) throu gh (i) of this section to separately report an in

- use performance ratio, manufacturers must implement software algorithms to, for model years 2010 through 2012, report a numerator and denominator or, for model years 2013 and later, report a numerator and

d enominator in the standardized format specified in this paragraph (k)(5) in accordance with the SAE J1979 or SAE J1939 (both as specified in paragraph (k)(1) of this section) specifications.

( ii) For the numerator, denominator, general denominator, and ig nition cycle counters required by paragraph (e) of this section, the following numerical value specifications apply:Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 81 of 101 ( A) Each number shall have a minimum value of zero and a maximum value of 65,535 with a resolution of one.

( B) Each number shall be reset to zero only when a non

- volatile random access memory (NVRAM) reset occurs (e.g., reprogramming event) or, if the numbers are stored in keep

- alive memory (KAM), when KAM is lost due to an interruption in electrical power to the control unit (e.g., battery disconnect). Numbers shall not be reset to zero under any other circumstances including when a scan tool

command to clear DTCs or reset KAM is received.

( C) To avoid overflow problems, if either the numerator or denominator for a specific component reach es the maximum value of 65,535 ±2, both numbers shall be divided by two before either is incremented again.

( D) To avoid overflow problems, if the ignition cycle counter reaches the maximum value of 65,535 ±2, the ignition cycle counter shall rollover and increment to zero on the next ignition cycle.

( E) To avoid overflow problems, if the general denominator reaches the maximum value of 65,535 ±2, the general denominator shall rollover and increment to zero on the next drive cycle that meets the general d enominator

definition.

( F) If a vehicle is not equipped with a component (e.g., oxygen sensor bank 2, secondary air system), the corresponding numerator and denominator for that specific component shall always be reported as zero.

( iii) For the ratio req uired by paragraph (e) of this section, the following numerical value specifications apply:

( A) The ratio shall have a minimum value of zero and a maximum value of

7.99527 with a resolution of 0.000122.

( B) The ratio for a specific component shall be con sidered to be zero whenever the corresponding numerator is equal to zero and the corresponding denominator

is not zero.

( C) The ratio for a specific component shall be considered to be the maximum value of 7.99527 if the corresponding denominator is zero or if the actual value of the numerator divided by the denominator exceeds the maximum value of

7.99527.

( 6) Engine run time tracking requirements.

(i) For all gasoline and diesel engines, the manufacturer must implement software algorithms to, for model years 2010 through 2012, track and report individually or,Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 82 of 101 for model years 2013 and later, track and report individually in a standardized format the amount of time the engine has been operated in the following conditions:

( A) Total engine run time.

( B) Total idle run time (with “ idle ” defined as accelerator pedal released by the driver, engine speed less than or equal to 200 rpm above normal warmed

- up idle (as determined in the drive position for vehicles equipped with an automatic transmission) or vehi cle speed less than or equal to one mile per hour, and power

take

- off not active).

( C) Total run time with power take off active.

( ii) For each counter specified in paragraph (k)(6)(i) of this section, the following numerical value specifications apply:

( A) Each number shall be a four

- byte value with a minimum value of zero, a resolution of one second per bit, and an accuracy of ± ten seconds per drive cycle.

( B) Each number shall be reset to zero only when a non

- volatile memory reset occurs (e.g., repr ogramming event). Numbers shall not be reset to zero under any other circumstances including when a scan tool (generic or enhanced) command

to clear fault codes or reset KAM is received.

( C) To avoid overflow problems, if any of the individual counters re ach the maximum value, all counters shall be divided by two before any are incremented again.

( D) For model years 2010 through 2012, the counters shall be made available to, at a minimum, a manufacturer scan tool and may be rescaled when transmitted

from a resolution of one second per bit to no more than three minutes per bit. For model years 2013 and later, the counters shall be made available to a generic scan tool in accordance with the SAE J1979 or SAE J1939 (both as specified in paragraph (k)(1) of th is section) specifications and may be rescaled when transmitted, if required by the SAE specifications, from a resolution of one second per bit to no more than three minutes per bit.

( 7) For 2019 and subsequent model year alternative

- fueled engines derive d from a

diesel

- cycle engine, a manufacturer may meet the standardization requirements of paragraph (k) of this section that are applicable to diesel engines rather than the requirements applicable to gasoline engines.

( l) Monitoring system demonstration requirements for certification

(1) General.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 83 of 101 (i) The manufacturer must submit emissions test data from one or more durability demonstration test engines (test engines).

( ii) The Administrator may approve other demonstration protocols if the

manufacturer can provide comparable assurance that the malfunction criteria are chosen based on meeting the malfunction criteria requirements and that the timeliness of malfunction detection is within the constraints of the applicable monitoring requirements.

( iii ) For flexible fuel engines capable of operating on more than one fuel or fuel combinations, the manufacturer must submit a plan for providing emission test data. The plan must demonstrate that testing will represent properly the expected in

- use fuel or fu el combinations.

( 2) Selection of test engines.

(i) Prior to submitting any applications for certification for a model year, the manufacturer must notify the Administrator regarding the planned engine families and engine ratings within each family for th at model year. The Administrator will select the engine family(ies) and the specific engine rating within the engine family(ies) that the manufacturer shall use as demonstration test engines. The selection of test vehicles for production evaluation testing as specified in paragraph (j)(2) of this section may take place during this selection process.

( ii) For model years 2010 through 2012. The manufacturer must provide emissions test data from the OBD parent rating as defined in paragraph (o)(1) of this sec tion.

( iii) For model years 2013 and later.

(A) A manufacturer certifying one to five engine families in a given model year must provide emissions test data for a single test engine from one engine rating. A manufacturer certifying six to ten engine fami lies in a given model year must provide emissions test data for a single test engine from two different engine ratings. A manufacturer certifying eleven or more engine families in a given model year must provide emissions test data for a single test engine from three different engine ratings. A manufacturer may forego submittal of test data for one or more of these test engines if data have been submitted previously for all of the engine ratings and/or if all requirements for certification carry

- over from o ne model year to the next are satisfied.

( B) For a given model year, a manufacturer may elect to provide emissions data for test engines from more engine ratings than required by paragraph (l)(2)(iii)(A) of this section. For each additional engine rating tested in that given model year, the number of engine ratings required for testing in one future model year will be reduced by one.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 84 of 101 ( iv) For the test engine, the manufacturer must use an engine (excluding aftertreatment devices) aged for a minimum of 125 hours fitted with exhaust aftertreatment emission controls aged to be representative of useful life aging. In the event that an accelerated aging procedure is used, the manufacturer is required to submit a description of the accelerated aging process and/o r supporting data or use the accelerated aging procedure used for emission certification deterioration factor generation. The process and/or data must demonstrate that deterioration of the exhaust aftertreatment emission controls is stabilized sufficiently such that it represents emission control performance at the end of the useful life.

( 3) Required testing. Except as otherwise described in this paragraph (l)(3), the manufacturer must perform single malfunction testing based on the applicable test

with t he components/systems set at their malfunction criteria limits as determined by the manufacturer for meeting the emissions thresholds required in paragraphs (g), (h), and (i) of this section.

( i) Required testing for diesel

- fueled/compression ignition eng ines

(A) Fuel system. The manufacturer must perform a separate test for each malfunction limit established by the manufacturer for the fuel system parameters (e.g., fuel pressure, injection timing) specified in paragraphs (g)(1)(ii)(A) through (g)(1)(ii)( C) and/or (g)(1)(ii)(D) of this section, if applicable, of this section. When performing a test for a specific parameter, the fuel system must be operating at the malfunction criteria limit for the applicable parameter only. All other parameters must be op erating with normal characteristics. In conducting the fuel system demonstration tests, the manufacturer may use computer modifications to cause the fuel system to operate at the malfunction limit if the manufacturer can demonstrate that the computer modif ications produce test results equivalent to an induced hardware malfunction.

( B) Engine misfire. For model years 2013 and later, the manufacturer must perform a test at the malfunction limit established by the manufacturer for the monitoring required by p aragraph (g)(2)(ii)(B) of this section.

( C) EGR system. The manufacturer must perform a separate test for each malfunction limit established by the manufacturer for the EGR system parameters (e.g., low flow, high flow, slow response) specified in paragrap hs (g)(3)(ii)(A) through (g)(3)(ii)(C) and in (g)(3)(ii)(E) of this section. In conducting the EGR system slow response demonstration tests, the manufacturer may use computer modifications to cause the EGR system to operate at the malfunction limit if the manufacturer can demonstrate that the computer modifications produce test results equivalent to an induced hardware malfunction.

( D) Turbo boost control system. The manufacturer must perform a separate test for each malfunction limit established by the ma nufacturer for the turbo boost control system parameters (e.g., underboost, overboost, response) specified in paragraphs (g)(4)(ii)(A) through (g)(4)(ii)(C) and in (g)(4)(ii)(E) of this section.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 85 of 101 ( E) NMHC catalyst. The manufacturer must perform a separate test for each monitored NMHC catalyst(s). The catalyst(s) being evaluated must be deteriorated to the applicable malfunction limit established by the manufacturer for the monitoring required by paragraph (g)(5)(ii)(A) of this section and using

methods esta blished by the manufacturer in accordance with paragraph (l)(7) of this section. For each monitored NMHC catalyst(s), the manufacturer must also demonstrate that the OBD system will detect a catalyst malfunction with the catalyst at its maximum level of de terioration (i.e., the substrate(s) completely removed from the catalyst container or “ empty ” can). Emissions data are not required for the empty can demonstration.

( F) NOx catalyst. The manufacturer must perform a separate test for each

monitored NOx cat alyst(s) (e.g., SCR catalyst). The catalyst(s) being evaluated must be deteriorated to the applicable malfunction criteria established by the manufacturer for the monitoring required by paragraphs (g)(6)(ii)(A) and (g)(6)(ii)(B) of this section and using m ethods established by the manufacturer in accordance with paragraph (l)(7) of this section. For each monitored NOx catalyst(s), the manufacturer must also demonstrate that the OBD system will detect a catalyst malfunction with the catalyst at its maximum l evel of deterioration (i.e., the substrate(s) completely removed from the catalyst container

or “ empty ” can). Emissions data are not required for the empty can

demonstration.

( G) NOx adsorber. The manufacturer must perform a test using a NOx adsorber(s)

d eteriorated to the applicable malfunction limit established by the manufacturer for the monitoring required by paragraph (g)(7)(ii)(A) of this section. The manufacturer must also demonstrate that the OBD system will detect a NOx

adsorber malfunction with t he NOx adsorber at its maximum level of deterioration (i.e., the substrate(s) completely removed from the container or

“ empty ” can). Emissions data are not required for the empty can demonstration.

( H) Diesel particulate filter. The manufacturer must perf orm a separate test using a DPF deteriorated to the applicable malfunction limits established by the manufacturer for the monitoring required by paragraph (g)(8)(ii)(A) and (g)(8)(ii)(B) of this section. For systems using the optional DPF monitoring provis ion of paragraph (g)(8)(ii)(A) of this section, the manufacturer must perform a separate test using a DPF modified in a manner approved by the Administrator (e.g., drilling of wallflow channel end plugs, drilling of through holes, etc.) and testing at each of the nine test points specified in paragraph (g)(8)(ii)(A) of this section. The manufacturer must also demonstrate that the OBD system will detect a DPF malfunction with the DPF at its maximum level of deterioration (i.e., the filter(s) completely remov ed from the filter container or

“ empty ” can). Emissions data are not required for the empty can demonstration.

( I) Exhaust gas sensor. The manufacturer must perform a separate test for each malfunction limit established by the manufacturer for the monitor ing required inRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 86 of 101 paragraphs (g)(9)(ii)(A), (g)(9)(iii)(A), and (g)(9)(iv)(A) of this section. When performing a test, all exhaust gas sensors used for the same purpose (e.g., for the same feedback control loop, for the same control feature on parallel exhau st banks) must be operating at the malfunction criteria limit for the applicable parameter only. All other exhaust gas sensor parameters must be operating with

normal characteristics.

( J) VVT system. The manufacturer must perform a separate test for each malfunction limit established by the manufacturer for the monitoring required in paragraphs (g)(10)(ii)(A) and (g)(10)(ii)(B) of this section. In conducting the VVT system demonstration tests, the manufacturer may use computer

modifications to cause the VV T system to operate at the malfunction limit if the manufacturer can demonstrate that the computer modifications produce test results equivalent to an induced hardware malfunction.

( K) For each of the testing requirements of this paragraph (l)(3)(i) of th is section, if the manufacturer has established that only a functional check is required because no failure or deterioration of the specific tested system could result in an engine ’ s emissions exceeding the applicable emissions thresholds, the

manufacturer is not required to perform a demonstration test; however, the manufacturer is required to provide the data and/or engineering analysis used to determine that only a functional test of the system(s) is required.

( ii) Required testing for gasoline

- fueled/s park

- ignition engines

(A) Fuel system. For engines with adaptive feedback based on the primary fuel control sensor(s), the manufacturer must perform a test with the adaptive feedback based on the primary fuel control sensor(s) at the rich limit(s) and a t est at the lean limit(s) established by the manufacturer as required by paragraph (h)(1)(ii)(A) of this section to detect a malfunction before emissions exceed applicable emissions thresholds. For engines with feedback based on a secondary fuel control sen sor(s) and subject to the malfunction criteria in paragraph (h)(1)(ii)(A) of this section, the manufacturer must perform a test with the feedback based on the secondary fuel control sensor(s) at the rich limit(s) and a test at the lean limit(s) established by the manufacturer as required by paragraph (h)(1)(ii)(A) of this section to detect a malfunction before emissions exceed the applicable emissions thresholds. For other fuel metering or control systems, the manufacturer must perform a test at the

criteri a limit(s). For purposes of fuel system testing as required by this paragraph (l)(3)(ii)(A), the malfunction(s) induced may result in a uniform distribution of fuel and air among the cylinders. Non uniform distribution of fuel and air used to

induce a malf unction shall not cause misfire. In conducting the fuel system demonstration tests, the manufacturer may use computer modifications to cause the fuel system to operate at the malfunction limit. To do so, the manufacturer

must be able to demonstrate that th e computer modifications produce test results equivalent to an induced hardware malfunction.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 87 of 101 ( B) Misfire. The manufacturer must perform a test at the malfunction criteria limit specified in paragraph (h)(2)(ii)(B) of this section.

( C) EGR system. The man ufacturer must perform a test at each flow limit calibrated to the malfunction criteria specified in paragraphs (h)(3)(ii)(A) and (h)(3)(ii)(B) of this section.

( D) Cold start emission reduction strategy. The manufacturer must perform a test

at the malfun ction criteria for each component monitored according to paragraph (h)(4)(ii)(A) of this section.

( E) Secondary air system. The manufacturer must perform a test at each flow limit calibrated to the malfunction criteria specified in paragraphs (h)(5)(ii)(A ) and (h)(5)(ii)(B) of this section.

( F) Catalyst. The manufacturer must perform a test using a catalyst system deteriorated to the malfunction criteria specified in paragraph (h)(6)(ii) of this section using methods established by the manufacturer in acc ordance with paragraph (l)(7)(ii) of this section. The manufacturer must also demonstrate that the OBD system will detect a catalyst system malfunction with the catalyst system at its maximum level of deterioration (i.e., the substrate(s) completely remove d from the catalyst container or “ empty ” can). Emission data are not required for the empty can demonstration.

( G) Exhaust gas sensor. The manufacturer must perform a test with all primary exhaust gas sensors used for fuel control simultaneously possessin g a response rate deteriorated to the malfunction criteria limit specified in paragraph (h)(8)(ii)(A) of this section. The manufacturer must also perform a test for any other primary or secondary exhaust gas sensor parameter under parargraphs (h)(8)(ii)(A) and (h)(8)(iii)(A) of this section that can cause engine emissions to exceed the applicable emissions thresholds (e.g., shift in air/fuel ratio at which oxygen sensor switches, decreased amplitude). When performing additional test(s), all primary and seco ndary (if applicable) exhaust gas sensors used for emission control must be operating at the malfunction criteria limit for the applicable parameter only. All other primary and secondary exhaust gas sensor parameters must be operating with normal character istics.

( H) VVT system. The manufacturer must perform a test at each target error limit and slow response limit calibrated to the malfunction criteria specified in paragraphs (h)(9)(ii)(A) and (h)(9)(ii)(B) of this section. In conducting the VVT system de monstration tests, the manufacturer may use computer modifications to cause the VVT system to operate at the malfunction limit. To do so, the manufacturer must be able to demonstrate that the computer modifications produce test results equivalent to an ind uced hardware malfunction.

( I) For each of the testing requirements of this paragraph (l)(3)(ii), if the manufacturer has established that only a functional check is required because noRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 88 of 101 failure or deterioration of the specific tested system could cause an engine ’ s emissions to exceed the applicable emissions thresholds, the manufacturer is not required to perform a demonstration test; however the manufacturer is required to provide the data and/or engineering analyses used to determine that only a

function al test of the system(s) is required.

( iii) Required testing for all engines.

(A) Other emission control systems. The manufacturer must conduct demonstration tests for all other emission control components (e.g., hydrocarbon traps, adsorbers) designed an d calibrated to a malfunction limit based on an emissions threshold based on the requirements of paragraph (i)(4) of this section.

( B) For each of the testing requirements of paragraph (l)(3)(iii)(A) of this section,

if the manufacturer has established th at only a functional check is required because no failure or deterioration of the specific tested system could result in an engine ’ s emissions exceeding the applicable emissions thresholds, the manufacturer is not required to perform a demonstration test; however, the manufacturer is required to provide the data and/or engineering analysis used to determine that only a functional test of the system(s) is required.

( iv) The manufacturer may electronically simulate deteriorated components but

shall not make any engine control unit modifications when performing demonstration tests unless approved by the Administrator. All equipment necessary to duplicate the demonstration test must be made available to the Administrator

upon request.

( 4) Testing protocol

(i) Preconditioning. The manufacturer must use an applicable cycle for preconditioning test engines prior to conducting each of the emission tests required by paragraph (l)(3) of this section. The manufacturer may perform a single additional preconditioning c ycle, identical to the initial one, after a 20

- minute hot soak but must demonstrate that such an additional cycle is necessary to stabilize the emissions control system. A practice of requiring a cold soak prior to conducting preconditioning cycles is not permitted.

( ii) Test sequence.

(A) The manufacturer must set individually each system or component on the test engine at the malfunction criteria limit prior to conducting the applicable preconditioning cycle(s). If a second preconditioning cycle is perm itted in accordance with paragraph (l)(4)(i) of this section, the manufacturer may adjust the system or component to be tested before conducting the second preconditioning cycle. The manufacturer shall not replace, modify, or adjust the

system or component after the last preconditioning cycle has been completed.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 89 of 101 ( B) After preconditioning, the test engine must be operated over the applicable cycle to allow for the initial detection of the tested system or component malfunction. This test cycle may be omitte d from the testing protocol if it is unnecessary. If required by the monitoring strategy being tested, a cold soak may be performed prior to conducting this test cycle.

( C) The test engine must then be operated over the applicable exhaust emissions

test.

( iii) A manufacturer required to test more than one test engine according to paragraph (l)(2)(iii) of this section may use internal calibration sign

- off test procedures (e.g., forced cool downs, less frequently calibrated emission analyzers)

instead of of ficial test procedures to obtain the emission test data required by this paragraph (l) of this section for all but one of the required test engines. The manufacturer may elect this option if the data from the alternative test procedure are representative o f official emissions test results. A manufacturer using this option is still responsible for meeting the malfunction criteria specified in paragraphs (g) through (i) of this section if and when emissions tests are performed in accordance

with official test procedures.

( iv) The manufacturer may request approval to use an alternative testing protocol for demonstration of MIL activation if the engine dynamometer emission test cycle does not allow all of a given monitor ’ s enable conditions to be satisfied. The manufacturer may request the use of an alternative engine dynamometer test cycle or the use of chassis testing to demonstrate proper MIL activation. To do so, the manufacturer must demonstrate the technical necessity for using an alternative test cycle an d the degree to which the alternative test cycle demonstrates that in

- use operation with the malfunctioning component will result in proper MIL activation.

( 5) Evaluation protocol. Full OBD engine ratings, as defined by paragraph (o)(1) of this section, s hall be evaluated according to the following protocol:

( i) For all tests conducted as required by paragraph (l) of this section, the MIL must activate before the end of the first engine start portion of the applicable test.

( ii) If the MIL activates prio r to emissions exceeding the applicable malfunction criteria limits specified in paragraphs (g) through (i), no further demonstration is required. With respect to the misfire monitor demonstration test, if the manufacturer

has elected to use the minimum mi sfire malfunction criteria of one percent as allowed in paragraphs (g)(2)(ii)(B), if applicable, and (h)(2)(ii)(B) of this section, no further demonstration is required provided the MIL activates with engine misfire occurring at the malfunction criteria li mit.

( iii) If the MIL does not activate when the system or component is set at its malfunction criteria limit(s), the criteria limit(s) or the OBD system is not acceptable.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 90 of 101 ( A) Except for testing of the catalyst or DPF system, if the MIL first activates after emissions exceed the applicable malfunction criteria specified in paragraphs (g) through (i) of this section, the test engine shall be retested with the tested system or component adjusted so that the MIL will activate before emissions exceed the app licable malfunction criteria specified in paragraphs (g) through (i) of this section. If the component cannot be so adjusted because an alternative fuel or emission control strategy is used when a malfunction is detected (e.g., open loop fuel control used after an oxygen sensor malfunction is detected), the test engine shall be retested with the component adjusted to the worst acceptable limit (i.e., the applicable OBD monitor indicates that the component is performing at or slightly better than the malfunc tion criteria limit). When tested with the component so adjusted, the MIL must not activate during the test and the engine emissions must be below the applicable malfunction criteria specified in paragraphs (g) through (i) of this section.

( B) In test ing the catalyst or DPF system, if the MIL first activates after emissions exceed the applicable emissions threshold(s) specified in paragraphs (g) and (h), the tested engine shall be retested with a less deteriorated catalyst or DPF system (i.e., more of the applicable engine out pollutants are converted or trapped). For the OBD system to be approved, testing shall be continued until the MIL activates with emissions below the applicable thresholds of paragraphs (g) and (h) of this section, or the MIL activ ates with emissions within a range no more than 20 percent below the applicable emissions thresholds and 10 percent or less above

those emissions thresholds.

( iv) If an OBD system is determined to be unacceptable by the criteria of this paragraph (l)(5) o f this section, the manufacturer may recalibrate and retest the system on the same test engine. In such a case, the manufacturer must confirm, by retesting, that all systems and components that were tested prior to the recalibration and are affected by it still function properly with the recalibrated OBD system.

( 6) Confirmatory testing.

(i) The Administrator may perform confirmatory testing to verify the emission test data submitted by the manufacturer as required by this paragraph (l) of this section

co mply with its requirements and the malfunction criteria set forth in paragraphs (g) through (i) of this section. Such confirmatory testing is limited to the test engine(s) required by paragraph (l)(2) of this section.

( ii) To conduct this confirmatory tes ting, the Administrator may install appropriately deteriorated or malfunctioning components (or simulate them) in an otherwise properly functioning test engine of an engine rating represented by the demonstration test engine in order to test any of the com ponents or systems required to be tested by paragraph (l) of this section. The manufacturer shall make available, if requested, an engine and all test equipment (e.g., malfunction simulators, deteriorated components) necessary to duplicate the manufacturer ’ s testing. Such a request from the Administrator shall occur within six months of reviewing andRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 91 of 101 approving the demonstration test engine data submitted by the manufacturer for the specific engine rating.

( 7) Catalyst aging

(i) Diesel catalysts. For purpo ses of determining the catalyst malfunction limits for the monitoring required by paragraphs (g)(5)(ii)(A), (g)(5)(ii)(B), and (g)(6)(ii)(A) of this section, where those catalysts are monitored individually, the manufacturer must use a catalyst deteriorate d to the malfunction criteria using methods established by the manufacturer to represent real world catalyst deterioration under normal and malfunctioning engine operating conditions. For purposes of determining the catalyst malfunction limits for the moni toring required by paragraphs (g)(5)(ii)(A), (g)(5)(ii)(B), and (g)(6)(ii)(A) of this section, where those catalysts are monitored in combination with other catalysts, the manufacturer must submit their catalyst system aging and monitoring plan to the Admi nistrator as part of their certification documentation package. The plan must include the description, emission control purpose, and location of each component, the monitoring strategy for each component and/or combination of components, and the method for determining the applicable malfunction criteria including the deterioration/aging

process.

( ii) Gasoline catalysts. For the purposes of determining the catalyst system malfunction criteria in paragraph (h)(6)(ii) of this section, the manufacturer must

us e a catalyst system deteriorated to the malfunction criteria using methods established by the manufacturer to represent real world catalyst deterioration under normal and malfunctioning operating conditions. The malfunction criteria must be established by using a catalyst system with all monitored and unmonitored (downstream of the sensor utilized for catalyst monitoring) catalysts simultaneously deteriorated to the malfunction criteria except for those engines that use fuel shutoff

to prevent over

- fueling during engine misfire conditions. For such engines, the malfunction criteria must be established by using a catalyst system with all monitored catalysts simultaneously deteriorated to the malfunction criteria while unmonitored catalysts shall be deteriorat ed to the end of the engine ’ s useful life.

( m) Certification documentation requirements.

(1) When submitting an application for certification of an engine, the manufacturer must submit the following documentation. If any of the items listed here are

stan dardized for all of the manufacturer ’ s engines, the manufacturer may, for each model year, submit one set of documents covering the standardized items for all of its engines.

( i) For the required documentation that is not standardized across all engines, the manufacturer may be allowed to submit documentation for certification from one engine that is representative of other engines. All such engines shall be considered to be part of an OBD certification documentation group. To represent the OBD group, the chosen engine must be certified to the most stringent emissions standardsRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 92 of 101 and OBD monitoring requirements and cover all of the emissions control devices for the engines in the group and covered by the submitted documentation. Such OBD groups must be approv ed in advance of certification.

( ii) Upon approval, one or more of the documentation requirements of this paragraph (m) of this section may be waived or modified if the information required is redundant or unnecessarily burdensome to generate.

( iii) To t he extent possible, the certification documentation must use SAE J1930 (as specified in paragraph (k)(1) of this section) or SAE J2403 (as specified in paragraph (k)(1) of this section) terms, abbreviations, and acronyms as specified in paragraph (k)(1) of this section.

( 2) Unless otherwise specified, the following information must be submitted as part of the certification application and prior to receiving a certificate.

( i) A description of the functional operation of the OBD system including a complete written description for each monitoring strategy that outlines every step in

the decision

- making process of the monitor. Algorithms, diagrams, samples of data, and/or other graphical representations of the monitoring strategy shall be included

where neces sary to adequately describe the information.

( ii) A table including the following information for each monitored component or system (either computer

- sensed or computer

- controlled) of the emissions control

system:

( A) Corresponding diagnostic trouble cod e.

( B) Monitoring method or procedure for malfunction detection.

( C) Primary malfunction detection parameter and its type of output signal.

( D) Malfunction criteria limits used to evaluate output signal of primary

parameter.

( E) Other monitored seconda ry parameters and conditions (in engineering units) necessary for malfunction detection.

( F) Monitoring time length and frequency of monitoring events.

( G) Criteria for storing a diagnostic trouble code.

( H) Criteria for activating a malfunction indicat or light.

( I) Criteria used for determining out

- of

- range values and input component rationality checks.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 93 of 101 ( iii) Whenever possible, the table required by paragraph (m)(2)(ii) of this section shall use the following engineering units:

( A) Degrees Celsius fo r all temperature criteria.

( B) KiloPascals (KPa) for all pressure criteria related to manifold or atmospheric

pressure.

( C) Grams (g) for all intake air mass criteria.

( D) Pascals (Pa) for all pressure criteria related to evaporative system vapor

press ure.

( E) Miles per hour (mph) for all vehicle speed criteria.

( F) Relative percent (%) for all relative throttle position criteria (as defined in SAE J1979 or SAE J1939 (both as specified in paragraph (k)(1) of this section)).

( G) Voltage (V) for all ab solute throttle position criteria (as defined in SAE J1979 or SAE J1939 (both as specified in paragraph (k)(1) of this section)).

( H) Per crankshaft revolution (/rev) for all changes per ignition event based criteria (e.g., g/rev instead of g/stroke or g/ firing).

( I) Per second (/sec) for all changes per time based criteria (e.g., g/sec).

( J) Percent of nominal tank volume (%) for all fuel tank level criteria.

( iv) A logic flowchart describing the step

- by

- step evaluation of the enable criteria

and m alfunction criteria for each monitored emission related component or system.

( v) Emissions test data, a description of the testing sequence (e.g., the number and types of preconditioning cycles), approximate time (in seconds) of MIL activation during the test, diagnostic trouble code(s) and freeze frame information stored at the time of detection, corresponding test results (e.g. SAE J1979 (as specified in paragraph (k)(1) of this section) Mode/Service $06, SAE J1939 (as specified in paragraph (k)(1) of th is section) Diagnostic Message 8 (DM8)) stored during the test, and a description of the modified or deteriorated components used for malfunction simulation with respect to the demonstration tests specified in paragraph (l) of this section. The freeze fram e data are not required for engines

termed “ Extrapolated OBD ” engines.

( vi) For gasoline engines, data supporting the misfire monitor, including:

( A) The established percentage of misfire that can be tolerated without damaging the catalyst over the full range of engine speed and load conditions.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 94 of 101 ( B) Data demonstrating the probability of detection of misfire events by the misfire monitoring system over the full engine speed and load operating range for the following misfire patterns: random cylinders misf iring at the malfunction criteria established in paragraph (h)(2)(ii)(B) of this section, one cylinder continuously misfiring, and paired cylinders continuously misfiring.

( C) Data identifying all disablement of misfire monitoring that occurs during the

F TP. For every disablement that occurs during the cycles, the data shall identify:

when the disablement occurred relative to the driver ’ s trace, the number of engine revolutions during which each disablement was present, and which disable

condition document ed in the certification application caused the disablement.

( D) Manufacturers are not required to use the durability demonstration engine to collect the misfire data required by paragraph (m)(2)(vi) of this section.

( vii) Data supporting the limit for th e time between engine starting and attaining the designated heating temperature for after

- start heated catalyst systems.

( viii) Data supporting the criteria used to detect a malfunction of the fuel system, EGR system, boost pressure control system, cataly st, NOx adsorber, DPF, cold start emission reduction strategy, secondary air, evaporative system, VVT system, exhaust gas sensors, and other emission controls that causes emissions to exceed the applicable malfunction criteria specified in paragraphs (g) t hrough (i) of this section. For diesel engine monitors required by paragraphs (g) and (i) of this section that are required to indicate a malfunction before emissions exceed an emission threshold based on any applicable standard (e.g., 2.5 times any of the applicable standards), the test cycle and standard determined by the manufacturer to be the most stringent for each applicable monitor in accordance with paragraph (f)(1) of

this section.

( ix) A list of all electronic powertrain input and output signals (including those not monitored by the OBD system) that identifies which signals are monitored by the OBD system. For input and output signals that are monitored as comprehensive components, the listing shall also identify the specific diagnostic trouble co de for each malfunction criteria (e.g., out

- of

- range low, out

- of

- range high, open circuit, rationality low, rationality high).

( x) A written description of all parameters and conditions necessary to begin

closed

- loop/feedback control of emission control s ystems (e.g., fuel system, boost pressure, EGR flow, SCR reductant delivery, DPF regeneration, fuel system pressure).

( xi) A written identification of the communication protocol utilized by each engine for communication with a scan tool (model years 2010 through 2012) or an SAE J1978 or SAE J1939 (both as specified in paragraph (k)(1) of this section) scan tool (model years 2013 and later).Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 95 of 101 ( xii) For model years 2013 and later, a pictorial representation or written description of the diagnostic connector location including any covers or labels.

( xiii) A written description of the method used by the manufacturer to meet the requirements of paragraph (i)(2) of this section (crankcase ventilation system monitoring) including diagrams or pictures of valve and /or hose connections.

( xiv) Build specifications provided to engine purchasers or chassis manufacturers detailing all specifications or limitations imposed on the engine purchaser relevant to OBD requirements or emissions compliance (e.g., cooling system heat rejection rates, allowable MIL locations, connector location specifications). A description of the method or copies of agreements used to ensure engine purchasers or chassis manufacturers will comply with the OBD and emissions relevant build specifica tions (e.g., signed agreements, required audit/evaluation procedures).

( xv) Any other information determined by the Administrator to be necessary to demonstrate compliance with the requirements of this section.

( 3) In addition to the documentation requir ed by paragraphs (m)(1) and (m)(2) of this section, a manufacturer making use of paragraph (a)(5) of this section must submit the following information with their application for certification.

( i) A detailed description of how the OBD system meets the in tent of § 86.010

- 18.

( ii) A detailed description of why the manufacturer has chosen not to design the OBD system to meet the requirements of § 86.010

- 18 and has instead designed the OBD system to meet the applicable California OBD requirements.

( iii) A d etailed description of any deficiencies granted by the California staff and any concerns raised by California staff. A copy of a California Executive Order alone will not be considered acceptable toward meeting this requirement. This description shall also include, to the extent feasible, a plan with timelines for resolving deficiencies and/or concerns.

( n) Deficiencies.

Changes below are intended to align alternative fuel engines requirements with those for engines used with hybrid powertrain systems . T hey also

allow engine manufacturers to perform a general analysis of monitors where reliability may be influenced by hybrid powertrain systems rather than requiring analysis to be performed for specific hybrid powertrain systems. Finally, they clarify tha t a waiver of a monitoring requirement is not a deficiency

.

(1) Upon application by the manufacturer, the Administrator may accept an OBD system as compliant even though specific requirements are not fully met. Such compliances without meeting specific requirements, or deficiencies, will be grantedRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 96 of 101 only if compliance is infeasible or unreasonable considering such factors as, but not limited to: Technical feasibility of the given monitor and lead time and production cycles including phase

- in or phase

- out of engines or vehicle designs and programmed upgrades of computers. Unmet requirements shall not be carried over from the previous model year except where unreasonable hardware or software modifications are necessary to correct the deficiency, and the manu facturer has demonstrated an acceptable level of effort toward compliance as determined by the Administrator. Furthermore, EPA will not accept any deficiency requests that include the complete lack of a major diagnostic monitor ( “ major ” diagnostic monitors being those for exhaust aftertreatment devices, oxygen sensor, air

- fuel ratio sensor, NOx sensor, engine misfire, evaporative leaks, and diesel EGR, if equipped), with the possible exception of the special provisions for alternative fueled engines. For al ternative fueled heavy

- duty engines (e.g., natural gas, liquefied petroleum gas, methanol, ethanol) and engines used with any hybrid powertrain system as defined in § 86

- 010

- 02 , manufacturers may request the Administrator to waive specific monitoring requi rements of this section for which monitoring may not be reliable with respect to

the use of the alternative fuel or hybrid powertrain system s . At a minimum, alternative fuel engines and engines used with hybrid powertrain systems must be equipped with an O BD system meeting OBD requirements to the extent feasible as approved by the Administrator. However, with respect to engines used with hybrid powertrain systems, the Administrator shall accept a manufacturer’s general engineering analysis of monitoring re quirements for which monitoring may not be

reliable and not require separate analyses for different hybrid powertrain systems. A waiver of specific monitoring requirements for engines used with hybrid powertrain

systems does not constitute a deficiency wi th respect to this section (n).

( 2) In the event the manufacturer seeks to carry

- over a deficiency from a past model year to the current model year, the manufacturer must re

- apply for approval to do so. In considering the request to carry

- over a deficienc y, the Administrator shall consider

the manufacturer ’ s progress towards correcting the deficiency. The Administrator may not allow manufacturers to carry over monitoring system deficiencies for more than two model years unless it can be demonstrated that s ubstantial engine hardware modifications and additional lead time beyond two years are necessary to correct the deficiency.

( 3) A deficiency shall not be granted retroactively (i.e., after the engine has been certified).

Changes that follow in paragraph (o) are intended to align requirements for alternative fueled engines with those that apply to engines used with hybrid powertrain systems

( o) Implementation schedule. Except as specifically provided for in this paragraph (o)

for small volume manufactur ers
, and alternative fueled engines, and engines used with hybrid powertrain systems, t he requirements of this section must be met according to the following provisions:Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 97 of 101 ( 1) Fo r model years 2010 through 2012

(i) Full OBD. The manufacturer must implement an OBD system meeting the applicable requirements of § 86.010

- 18 on one engine rating within one engine family of the manufacturer ’ s product line. This “ Full OBD ” rating will be known as

the “ OBD parent ” rating. The OBD parent rating must be chosen, unless otherwise approved by the Administrator, as the rating having the highest weighted projected U.S. sales within the engine family having the highest weighted projected U.S. sales, with U.S. sales being weighted by the useful life of the engine rating.

( ii ) Extrapolated OBD. For all other engine ratings within the engine family from which the OBD parent rating has been selected, the manufacturer must implement an OBD system meeting the applicable requirements of § 86.010

- 18 except that the OBD system is not required to detect a malfunction prior to exceeding the emission thresholds shown in Table 1 of paragraph (g) and Table 2 of paragraph (h) of this

section. These “ Extrapolated OBD ” engines will be know n as the “ OBD child ” ratings. On these OBD child ratin gs, rather than detecting a malfunction prior to exceeding the emission thresholds, the manufacturer must submit a plan for Administrator review and approval that details the engineering evaluation the

manufacturer will use to establish the malfunction cri teria for the OBD child ratings. The plan must demonstrate both the use of good engineering judgment in establishing the malfunction criteria, and robust detection of malfunctions, including consideration of differences of base engine, calibration, emissio n control components, and emission control strategies.

( iii) Engine families other than those from which the parent and child ratings have been selected, are not subject to the requirements of this section.

( iv) Small volume manufacturers, as defined in § 86.094

- 14(b)(1) and (2) and as determined using 2010 model year sales, are exempt from the requirements of this §

86.010

- 18, unless model year 2011 or model year 2012 sales exceed 20,000 units.

This change specifically exempts engines used with hybrid p owertrain systems from compliance with HD OBD requirements through the 2012

model

- year

( v) Engines certified as alternative fueled engines and engines used with hybrid powertrain systems are exempt from the requirements of this § 86.010

- 18.

( 2) Fo r model years 2013 through 2015

(i) OBD groups. The manufacturer shall define one or more OBD groups to cover all engine ratings in all engine families. The manufacturer must submit a grouping plan for Administrator review and approval detailing the OBD groups a nd the engine families and engine ratings within each group for a given model year.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 98 of 101 ( ii) Full OBD.

(A) For all model year 2010 through 2012 “ Full OBD ” and “ Extrapolated OBD ” engine ratings, the manufacturer must implement an OBD system meeting the applic able requirements of this section.

( B) On one engine rating within each of the manufacturer ’ s OBD groups, the manufacturer must implement an OBD system meeting the applicable requirements of this section. These “ Full OBD ” ratings will be known as the

“ OBD parent ” ratings. The OBD parent rating for each OBD group shall be chosen, unless otherwise approved by the Administrator, as the rating having the highest weighted projected U.S. sales within the OBD group, with U.S. sales being weighted by the useful li fe of the engine rating.

( iii) Extrapolated OBD. For all other engine ratings within each OBD group, the manufacturer must implement an OBD system meeting the requirements of this section except that the OBD system is not required to detect a malfunction prior to exceeding the emission thresholds shown in Table 1 of paragraph (g) and Table 2 of paragraph (h) of this section. These extrapolated OBD engines will be know as the

“ OBD child ” ratings. On these OBD child ratings, rather than detecting a

malfuncti on prior to exceeding the emission thresholds, the manufacturer must submit a plan for Administrator review and approval that details the engineering

evaluation the manufacturer will use to establish the malfunction criteria for the OBD child ratings. The plan must demonstrate both the use of good engineering judgment in establishing the malfunction criteria, and robust detection of malfunctions, including consideration of differences of base engine, calibration, emission control components, and emission co ntrol strategies.

( iv) Engines certified as alternative fueled engines shall meet, to the extent feasible, the requirements specified in paragraph (i)(3) of this § 86.010

- 18. Additionally, such engines and engines used with hybrid powertrain systems shall monitor the

NOx aftertreatment system on engines so equipped and detect a malfunction if:

( A) The NOx aftertreatment system has no detectable amount of NOx aftertreatement capability (i.e., NOx catalyst conversion or NOx adsorption).

( B) The NOx aftertr eatment substrate is completely destroyed, removed, or missing.

( C) The NOx aftertreatment assembly is replaced with a straight pipe.

( 3) Fo r model years 2016 through 2018

(i) OBD groups. The manufacturer shall define one or more OBD groups to cover

all engine ratings in all engine families. The manufacturer must submit a grouping plan for Administrator review and approval detailing the OBD groups and the engine families and engine ratings within each group for a given model year.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 99 of 101 ( ii) Full OBD. The man ufacturer must implement an OBD system meeting the applicable requirements of this section on all engine ratings in all engine families.

( iii) Engines certified as alternative fueled engines shall meet, to the extent feasible, the requirements specified i n paragraph (i)(3) of this § 86.010

- 18. Additionally, such engines and engines used with hybrid powertrain systems shall monitor the

NOx aftertreatment system on engines so equipped and detect a malfunction if:

( A) The NOx aftertreatment system has no det ectable amount of NOx aftertreatement capability (i.e., NOx catalyst conversion or NOx adsorption).

( B) The NOx aftertreatment substrate is completely destroyed, removed, or missing.

( C) The NOx aftertreatment assembly is replaced with a straight pipe.

The language below provides for ful l OBD monitoring on engines used with hybrid powertrain systems beginning with the 2020 model

- year

.

( 4) For model years 2019 and later. (i) The manufacturer must implement an OBD system meeting the applicable requireme nts of § 86.010

- 18 on all engines except those used with hybrid powertrain systems which must implement an OBD system meeting the applicable requirements of §86.010

- 18 no later than the 2020 model

- year

.

Added language in paragraph (p) is intended to prov ide engine manufacturers with protection from OBD non

- compliance related to or attributable to hybrid powertrain systems through the 2022 model

year. The three ad ditional years 2020

- 2022 are provide d to allow for an opportunity to make refinements to hybr id powertrain system integration and diagnostic performance based on in

- use experience.

( p) In

- use compliance standards. For monitors required to indicate a malfunction before emissions exceed a certain emission threshold (e.g., 2.5 times any of the app licable standards):

( 1) For model years 2010 through 2012.

(i) On the full OBD rating (i.e., the parent rating) as defined in paragraph (o)(1) of this section, separate in

- use emissions thresholds shall apply. These thresholds are determined by doubling the applicable thresholds as shown in Table 1 of paragraph (g) and Table 2 of paragraph (h) of this section. The resultant thresholds apply only

in

- use and do not apply for certification or selective enforcement auditing.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 100 of 101 ( ii) The extrapolated OBD ratings (i.e., the child ratings) as defined in paragraph (o)(1) of this section shall not be evaluated against emissions levels for purposes of OBD compliance in

- use.

( iii) Only the test cycle and standard determined and identified by the manufacturer

at the ti me of certification in accordance with paragraph (f) of this section as the most stringent shall be used for the purpose of determining OBD system noncompliance in

- use.

( iv) An OBD system shall not be considered noncompliant solely due to a failure or

det erioration mode of a monitored component or system that could not have been reasonably foreseen to occur by the manufacturer or which is related to or attributable to use of a certified engine with a hybrid powertrain system

.

( 2) For model years 2013 thro ugh 2015.

(i) On the full OBD ratings as defined in paragraph (o)(2) of this section, separate

in

- use emissions thresholds shall apply. These thresholds are determined by doubling the applicable thresholds as shown in Table 1 of paragraph (g) and Table 2 of paragraph (h) of this section. The resultant thresholds apply only in

- use and do not apply for certification or selective enforcement auditing.

( ii) The extrapolated OBD ratings as defined in paragraph (o)(2) of this section shall not be evaluated agai nst emissions levels for purposes of OBD compliance in

- use.

( iii) Only the test cycle and standard determined and identified by the manufacturer at the time of certification in accordance with paragraph (f) of this section as the most stringent shall be u sed for the purpose of determining OBD system noncompliance in

- use.

( iv) For monitors subject to meeting the minimum in

- use monitor performance ratio of 0.100 in paragraph (d)(1)(ii), the OBD system shall not be considered noncompliant unless a representa tive sample indicates the in

- use ratio is below

0.050.

( v) An OBD system shall not be considered noncompliant solely due to a failure or deterioration mode of a monitored component or system that could not have been reasonably foreseen to occur by the man ufacturer or which is related to or attributable to use of a certified engine with a hybrid powertrain system

. .

( 3) For model years 2016 through 2018.

(i) On the engine ratings tested according to (l)(2)(iii) of this section, the certification emissions thresholds shall apply in

- use.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 101 of 101 ( ii) On the manufacturer ’ s remaining engine ratings, separate in

- use emissions thresholds shall apply. These thresholds a re determined by doubling the applicable thresholds as shown in Table 1 of paragraph (g) and Table 2 of paragraph (h) of this section. The resultant thresholds apply only in

- use and do not apply for certification or selective enforcement auditing.

( iii) A n OBD system shall not be considered noncompliant solely due to a failure or deterioration mode of a monitored component or system that could not have been reasonably foreseen to occur by the manufacturer or which is related to or

attributable to use of a certified engine with a hybrid powertrain system.

( 4) For model years 2019 and later.

(i) On all engine ratings, the certification emissions thresholds shall apply in

- use.

( ii) An OBD system shall not be considered noncompliant solely due to a failure o r deterioration mode of a monitored component or system that could not have been reasonably foreseen to occur by the manufacturer

. Through the 2022 model

- year, an OBD system will not be considered noncompliant as the result of any failure or

deterioration mode of a monitored component or system that is related to or attributable to a hybrid powertrain system

. .

[74 FR 8369, Feb. 24, 2009]Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 1 of 101 § 86.010

- 18

On

- board Diagnostics for engines used in applications greater than 14,000 pounds

GVWR.

( a) General. According to the implementation schedule shown in paragraph (o) of this section, heavy

- duty engines intended for use in a heavy

- duty vehicle w eighing more than 14,000 pounds GVWR must be equipped with an on

- board diagnostic (OBD) system capable of monitoring all emission

- related engine systems or components during the life of the engine. The OBD system is required to detect all malfunctions

spec ified in paragraphs (g), (h), and (i) of this § 86.010

- 18 although the OBD system is not required to use a unique monitor to detect each of those malfunctions.

( 1) When the OBD system detects a malfunction, it must store a pending, a MIL

- on, or a previous

- MIL

- on diagnostic trouble code (DTC) in the onboard computer ’ s memory. A malfunction indicator light (MIL) must also be activated as specified in paragraph (b) of this section.

( 2) Data link connector.

(i) For model years 2010 through 2012, the OBD syst em must be equipped with a data link connector to provide access to the stored DTCs as specified in paragraph (k)(2) of this section.

( ii) For model years 2013 and later, the OBD system must be equipped with a standardized data link connector to provide a ccess to the stored DTCs as specified in paragraph (k)(2) of this section.

( 3) The OBD system cannot be programmed or o therwise designed to deactivate based on age and/or mileage. This requirement does not alter existing law and enforcement practice regar ding a manufacturer ’ s liability for an engine beyond its regulatory useful life, except where an engine has been programmed or otherwise designed so that an OBD system deactivates based on age and/or mileage of the engine.

( 4) Drive cycle or driving cycle , in the context of this § 86.010

- 18, means operation that meets any of the conditions of paragraphs (a)(4)(i) through (a)(4)(iv) of this section. Further, for OBD monitors that run during engine

- off conditions, the period of engine

- off time following engi ne shutoff and up to the next engine start may be considered part of the drive cycle for the conditions of paragraphs (a)(4)(i) and (a)(4)(iv) of this section. For engines/vehicles that employ engine shutoff OBD monitoring strategies that do not require th e vehicle operator to restart the engine to continue vehicle operation (e.g., a hybrid bus with engine shutoff at idle), the manufacturer may use an alternative definition for drive cycle (e.g., key

- on followed by key

- off). Any alternative definition must be based on equivalence to engine startup and engine shutoff signaling the beginning and ending of a single driving event for a conventional vehicle. For engines that are not likely to be routinely operated for longRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 2 of 101 continuous periods of time, a manufactur er may also request approval to use an alternative definition for drive cycle (e.g., solely based on engine start and engine shutoff without regard to four hours of continuous engine

- on time). Administrator approval of the alternative definition will be ba sed on manufacturer

- submitted data and/or information demonstrating the typical usage, operating habits, and/or driving patterns of these vehicles.

( i) Begins with engine start and ends with engine shutoff;

( ii) Begins with engine start and ends after fo ur hours of continuous engine

- on operation;

( iii) Begins at the end of the previous four hours of continuous engine

- on operation and ends after four hours of continuous engine

- on operation; or

( iv) Begins at the end of the previous four hours of continuo us engine

- on operation and ends with engine shutoff.

( 5) As an alternative to demonstrating compliance with the provisions of paragraphs (b) through (l) of this § 86.010

- 18, a manufacturer may demonstrate how the OBD system they have designed to comply wi th California OBD requirements for engines used in applications greater than 14,000 pounds also complies with the intent of the provisions of paragraphs (b) through (l) of this section. To make use of this alternative, the manufacturer must demonstrate to the Administrator how the OBD system they intend to certify meets the intent behind all of the requirements of this section, where applicable (e.g., paragraph (h) of this section would not apply for a diesel fueled/CI engine). Furthermore, if making use of this alternative, the manufacturer must comply with the specific certification documentation requirements of paragraph (m)(3) of this section.

( 6) Temporary provisions to address hardshi p due to unusual circumstances.

(i) After considering the unusual c ircumstances, the Administrator may permit the manufacturer to introduce into U.S. commerce engines that do not comply with this § 86.010

- 18 for a limited time if all the following conditions apply:

( A) Unusual circumstances that are clearly outside the m anufacturer ’ s control prevent compliance with the requirements of this § 86.010

- 18.

( B) The manufacturer exercised prudent planning and was not able to avoid the violation and has taken all reasonable steps to minimize the extent of the nonconformity.

( C ) No other allowances are available under the regulations in this chapter to avoid the impending violation.Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 3 of 101 ( ii) To apply for an exemption, the manufacturer must send to the Administrator a written request as soon as possible before being in violation. In the request, the manufacturer must show that all the conditions and requirements of paragraph (a)(6)(i) of this section are met.

( iii) The request must also include a plan showing how all the applicable requirements will be met as quickly as possible.

( iv) The manufacturer shall give the Administrator other relevant information upon

request.

( v) The Administrator may include additional conditions on an approval granted under the provisions of this paragraph (a)(6), including provisions that may require field repair at the manufacturer ’ s expense to correct the noncompliance.

( vi) Engines sold as non

- compliant under this temporary hardship provision must display “ non

- OBD ” in the data stream as required under paragraph (k)(4)(ii) of this section. Upon corr ecting the noncompliance, the data stream value must be updated accordingly.

( b) Malfunction indicator light (MIL) and Diagnostic Trouble Codes (DTC). The OBD system must incorporate a malfunction indicator light (MIL) or equivalent and must store specifi c types of diagnostic trouble codes (DTC). Unless otherwise specified, all provisions of this paragraph (b) apply for 2010 and later model years.

(1) MIL specifications.

(i) For model years 2013 and later, the MIL must be located on the primary driver ’ s side instrument panel and be of sufficient illumination and location to be readily visible under all lighting conditions. The MIL must be amber (yellow) in color; the

use of red for the OBD

- related MIL is prohibited. More than one general purpose

malfuncti on indicator light for emission

- related problems shall not be used; separate specific purpose warning lights (e.g., brake system, fasten seat belt, oil pressure, etc.) are permitted. When activated, the MIL shall display the International Standards Organiz ation (ISO) engine symbol.

( ii) The OBD system must activate the MIL when the ignition is in the key

on/engine

- off position before engine cranking to indicate that the MIL is functional. The MIL shall be activated continuously during this functional check for a minimum of 5 seconds. During this MIL key

- on functional check, the data stream value (see paragraph (k)(4)(ii) of this section) for MIL status must indicate

“ commanded off ” unless the OBD system has detected a malfunction and has stored

a MIL

- on DTC . This MIL key

- on functional check is not required during vehicle operation in the key

- on/engine

- off position subsequent to the initial engine cranking of an ignition cycle (e.g., due to an engine stall or other non

- commanded engine shutoff).Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 4 of 101 ( iii) As an option, the MIL may be used to indicate readiness status (see paragraph (k)(4)(i) of this section) in a standardized format in the key

- on/engine

- off position.

( iv) A manufacturer may also use the MIL to indicate which, if any, DTCs are currently stored (e .g., to “ blink ” the stored DTCs). Such use must not activate unintentionally during routine driver operation.

( v) For model years 2013 and later, the MIL required by this paragraph (b) must not be used in any other way than is specified in this section.

( 2) MIL activ ation and DTC storage protocol.

(i) Within 10 seconds of detecting a potential malfunction, the OBD system must store a pending DTC that identifies the potential malfunction.

( ii) If the potential malfunction is again detected before the end of the next drive cycle during which monitoring occurs (i.e., the potential malfunction has been confirmed as a malfunction), then within 10 seconds of such detection the OBD system must activate the MIL continuously and store a MIL

- on DTC (systems using the SAE J1939 standard protocol specified in paragraph (k)(1) of this section may either erase or retain the pending DTC in conjunction with storing the MIL

- on DTC). If the potential malfunction is not detected before the end of the next drive cycle during which monitoring occurs (i.e., there is no indication of the malfunction at any time during the drive cycle), the corresponding pending DTC should be erased at the end of the drive cycle. Similarly, if a malfunction is detected for the

first time and conf irmed on a given drive cycle without need for further evaluation, then within 10 seconds of such detection the OBD system must activate the MIL continuously and store a MIL

- on DTC (again, systems using the SAE J1939 standard protocol specified in paragraph (k)(1) of this section may optionally store a pending DTC in conjunction with storing the MIL

- on DTC).

( iii) A manufacturer may request Administrator approval to employ alternative statistical MIL activation and DTC storage protocols to those specified i n paragraphs (b)(2)(i) and (b)(2)(ii) of this section. Approval will depend upon the manufacturer providing data and/or engineering evaluations that demonstrate that the alternative protocols can evaluate system performance and detect malfunctions

in a man ner that is equally effective and timely. Strategies requiring on average more than six drive cycles for MIL activation will not be accepted.

( iv) The OBD system must store a “ freeze frame ” of the operating conditions (as defined in paragraph (k)(4)(i ii) of this section) present upon detecting a malfunction or a potential malfunction. In the event that a pending DTC has matured to a MIL

on DTC, the manufacturer shall either retain the currently stored freeze frame conditions or replace the stored freez e frame with freeze frame conditions regarding

the MIL

- on DTC. Any freeze frame stored in conjunction with any pending DTC or

MIL

- on DTC should be erased upon erasure of the corresponding DTC.Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 5 of 101 ( v) If the engine enters a limp

- home mode of operation that ca n affect emissions or the performance of the OBD system, or in the event of a malfunction of an onboard computer(s) itself that can affect the performance of the OBD system, the OBD system must activate the MIL and store a MIL

- on DTC within 10 seconds to i nform the vehicle operator. If the limp

- home mode of operation is recoverable (i.e., operation automatically returns to normal at the beginning of the following ignition cycle), the OBD system may wait to activate the MIL and store the MIL

- on DTC if

the li mp

- home mode of operation is again entered before the end of the next ignition cycle rather than activating the MIL within 10 seconds on the first drive cycle during which the limp

- home mode of operation is entered.

( vi) Before the end of an ignition cycl e, the OBD system must store a permanent DTC(s) that corresponds to any stored MIL

- on DTC(s).

( 3) MIL deacti vation and DTC erasure protocol

(i) Deactivating the MIL. Except as otherwise provided for in paragraphs (g)(2)(iv)(E) and (g)(6)(iv)(B) of this s ection for diesel misfire malfunctions and empty reductant tanks, and paragraphs (h)(1)(iv)(F), (h)(2)(viii), and (h)(7)(iv)(B) of this section for gasoline fuel system, misfire, and evaporative system malfunctions, once the MIL has been activated, it may be deactivated after three subsequent sequential drive cycles during which the monitoring system responsible for activating the MIL functions and the previously detected malfunction is no longer present and provided no other malfunction has been detected t hat would independently activate the MIL according to the requirements outlined in paragraph (b)(2) of this section.

( ii) Erasing a MIL

- on DTC. The OBD system may erase a MIL

- on DTC if the identified malfunction has not again been detected in at least 40 engine warm up cycles and the MIL is presently not activated for that malfunction. The OBD system may also erase a MIL

- on DTC upon deactivating the MIL according to paragraph (b)(3)(i) of this section provided a previous

- MIL

- on DTC is stored upon erasure o f

the MIL

- on DTC. The OBD system may erase a previous

- MIL

- on DTC if the identified malfunction has not again been detected in at least 40 engine warm up cycles and the MIL is presently not activated for that malfunction.

( iii) Erasing a permanent DTC. The OBD system can erase a permanent DTC only

if:

( A) The OBD system itself determines that the malfunction that caused the corresponding permanent DTC to be stored is no longer present and is not commanding activation of the MIL, concurrent with the require ments of paragraph (b)(3)(i) of this section which, for purposes of this paragraph (b)(3)(iii), shall apply to all monitors.

( B) All externally erasable DTC information stored in the onboard computer has been erased (i.e., through the use of a scan tool o r battery disconnect) and theRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 6 of 101 monitor of the malfunction that caused the permanent DTC to be stored is subject to the minimum ratio requirements of paragraph (d) of this section, the OBD system shall erase the permanent DTC at the end of a drive cycle if t he monitor has run and made one or more determinations during a drive cycle that the malfunction of the component or the system is not present and has not made any determinations within the same drive cycle that the malfunction is present.

( C)

1

. All ext ernally erasable DTC information stored in the onboard computer has been erased (i.e., through the use of a scan tool or battery disconnect) and the monitor of the malfunction that caused the permanent DTC to be stored is not subject to the minimum ratio r equirements of paragraph (d) of this section, the OBD system shall erase the permanent DTC at the end of a drive cycle provided the following two criteria have independently been satisfied:

i

. The monitor has run and made one or more determinations during a drive cycle that the malfunction is no longer present and has not made any determinations within the same drive cycle that the malfunction is present; and,

i i. The monitor does not detect a malfunction on a drive cycle and the criteria of paragraph (d) (4)(ii) of this section has been met.

2

. These two separate criteria may be met on the same or different drive cycles provided the monitor never detects a malfunction during either drive cycle, and if criteria (b)(3)(iii)(C)(1)(i) happens first then no ma lfunction may be detected before criteria (b)(3)(iii)(C)(1)(ii) occurs. If a malfunction occurs after criteria (b)(3)(iii)(C)(1)(i) then criteria (b)(3)(iii)(C)(1)(i) must be satisfied again. For the second criterion, the manufacturer must exclude any

temp erature and/or elevation provisions of paragraph (d)(4)(ii) of this section. For this paragraph (b)(3)(iii)(C), monitors required to use “ similar conditions ” as defined in § 86.010

- 2 to store and erase pending and MIL

- on DTCs cannot require that the simila r conditions be met prior to erasure of the permanent

DTC.

( D) The Administrator shall allow monitors subject to paragraph (b)(3)(iii)(B) of this section to use the criteria of paragraph (b)(3)(iii)(C) of this section in lieu of paragraph (b)(3)(iii)(B). Further, manufacturers may request Administrator approval to use alternative criteria to erase the permanent DTC. The Administrator shall approve alternate criteria that will not likely require driving conditions that are longer and more difficult to meet than those required under paragraph (b)(3)(iii)(C) of this section and do not require access to enhanced scan tools to determine conditions necessary to erase the permanent DTC.

( 4) Exceptions to MIL and DTC requirements

.Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 7 of 101 (i) If a limp

- home mode of opera tion causes a overt indication (e.g., activation of a red engine shut

- down warning light) such that the driver is certain to respond and have the problem corrected, a manufacturer may choose not to activate the MIL as required by paragraph (b)(2)(v) of thi s section. Additionally, if an auxiliary emission control device has been proper ly activated as approved by the Administrator, a manufacturer may choose not to activate the MIL.

( ii) For gasoline engines, a manufacturer may choose to meet the MIL and DTC requirements in § 86.007

- 17 in lieu of meeting the requirements of paragraph (b) of this § 86.010

- 18.

( c) Monitoring conditions. The OBD system must monitor and detect the malfunctions specified in paragraphs (g), (h), and (i) of this section under the fo llowing general monitoring conditions. The more specific monitoring conditions of paragraph (d) of this section are sometimes required according to the provisions of paragraphs (g), (h), and (i) of this section.

( 1) As specifically provided for in paragra phs (g), (h), and (i) of this section, the monitoring conditions for detecting malfunctions must be technically necessary to ensure robust detection of malfunctions (e.g., avoid false passes and false indications of malfunctions); designed to ensure monito ring will occur under conditions that may reasonably be expected to be encountered in normal vehicle operation and normal vehicle use; and, designed to ensure monitoring will occur during the FTP transient test cycle contained in appendix I paragraph (f), of this part, or similar drive cycle as approved by the Administrator.

( 2) Monitoring must occur at least once per drive cycle in which the monitoring

conditions are met.

( 3) Manufacturers may define monitoring conditions that are not encountered during the FTP cycle as required in paragraph (c)(1) of this section. In doing so, the manufacturer would be expected to consider the degree to which the requirement to run during the FTP transient cycle restricts monitoring during in

- use operation, the

technical necessity for defining monitoring conditions that are not encountered during the FTP cycle, whether monitoring is otherwise not feasible during the FTP cycle, and/or the ability to demonstrate that the monitoring conditions satisfy the minimum acceptable in

- use monitor performance ratio requirement as defined in paragraph (d)

of this section.

( d) In

- use performance tracking. As specifically required in paragraphs (g), (h), and (i) of this section, the OBD system must monitor and detect the malfunctions sp ecified in paragraphs (g), (h), and (i) of this section according to the criteria of this paragraph (d). The OBD system is not required to track and report in

- use performance for monitors other than those specifically identified in paragraph (d)(1) of this section, but all monitors on applicable model year engines are still required to meet the in

- use performance ratio as specified in paragraph (d)(1)(ii) of this section.Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 8 of 101 ( 1) The manufacturer must implement software algorithms in the OBD system to

individu ally track and report the in

- use performance of the following monitors, if equipped, in the standardized format specified in paragraph (e) of this section: NMHC converting catalyst (paragraph (g)(5) of this section); NOx converting catalyst (paragraph (g)( 6) of this section); gasoline catalyst (paragraph (h)(6) of this section); exhaust gas sensor (paragraph (g)(9) of this section) or paragraph (h)(8) of this section); evaporative system (paragraph (h)(7) of this section); EGR system (paragraph (g)(3) of th is section or (h)(3) of this section); VVT system (paragraph (g)(10) of this section or (h)(9) of this section); secondary air system (paragraph (h)(5) of this section); DPF system (paragraph (g)(8) of this section); boost pressure control system (paragrap h (g)(4) of this section); and, NOx adsorber system (paragraph (g)(7) of this section).

( i) The manufacturer shall not use the calculated ratio specified in paragraph (d)(2) of this section or any other indication of monitor frequency as a monitoring

cond ition for a monitor (e.g., using a low ratio to enable more frequent monitoring through diagnostic executive priority or modification of other monitoring conditions, or using a high ratio to enable less frequent monitoring).

( ii) For model years 2013 and later, manufacturers must define monitoring conditions that, in addition to meeting the criteria in paragraphs (c)(1) and (d)(1) of this section, ensure that the monitor yields an in

- use performance ratio (as defined in paragraph (d)(2) of this section) th at meets or exceeds the minimum acceptable

in

- use monitor performance ratio of 0.100 for all monitors specifically required in paragraphs (g), (h), and (i) of this section to meet the monitoring condition requirements of this paragraph (d).

( iii) If the m ost reliable monitoring method developed requires a lower ratio for a specific monitor than that specified in paragraph (d)(1)(ii) of this section, the Administrator may lower the minimum acceptable in

- use monitoring performance

ratio.

( 2) In

- use performa nce ratio definition. For monitors required to meet the requirements of paragraph (d) of this section, the performance ratio must be calculated in accordance with the specifications of this paragraph (d)(2).

( i) The numerator of the performance ratio is d efined as the number of times a vehicle has been operated such that all monitoring conditions have been encountered that are necessary for the specific monitor to detect a malfunction.

( ii) The denominator is defined as the number of times a vehicle has b een operated in accordance with the provisions of paragraph (d)(4) of this section.

( iii) The performance ratio is defined as the numerator divided by the denominator.

( 3) Specifications for incrementing the numerator.Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 9 of 101 (i) Except as provided for in para graph (d)(3)(v) of this section, the numerator, when incremented, must be incremented by an integer of one. The numerator shall not be incremented more than once per drive cycle.

( ii) The numerator for a specific monitor must be incremented within 10 seco nds if and only if the following criteria are satisfied on a single drive cycle:

( A) Every monitoring condition has been satisfied that is necessary for the specific monitor to detect a malfunction and store a pending DTC, including applicable enable crit eria, presence or absence of related DTCs, sufficient length of monitoring time, and diagnostic executive priority assignments (e.g., diagnostic

“ A ” must execute prior to diagnostic “ B ” ). For the purpose of incrementing the numerator, satisfying all the mo nitoring conditions necessary for a monitor to determine that the monitor is not malfunctioning shall not, by itself, be sufficient

to meet this criteria.

( B) For monitors that require multiple stages or events in a single drive cycle to

detect a malfunct ion, every monitoring condition necessary for all events to complete must be satisfied.

( C) For monitors that require intrusive operation of components to detect a malfunction, a manufacturer must request approval of the strategy used to determine that, h ad a malfunction been present, the monitor would have detected the malfunction. Administrator approval of the request will be based on the equivalence of the strategy to actual intrusive operation and the ability of the strategy to determine accurately if every monitoring condition was satisfied that was necessary for the intrusive event to occur.

( D) For the secondary air system monitor, the criteria in paragraphs (d)(3)(ii)(A) through (d)(3)(ii)(C) of this section are satisfied during normal operation of the secondary air system. Monitoring during intrusive operation of the secondary air system later in the same drive cycle for the sole purpose of monitoring shall not, by itself, be sufficient to meet these criteria.

( iii) For monitors that can generate results in a “ gray zone ” or “ non

- detection zone ” (i.e., monitor results that indicate neither a properly operating system nor a malfunctioning system) or in a “ non

- decision zone ” (e.g., monitors that increment and decrement counters until a pass or fail th reshold is reached), the numerator, in general, shall not be incremented when the monitor indicates a result in the “ non

detection zone ” or prior to the monitor reaching a complete decision. When necessary, the Administrator will consider data and/or engin eering analyses submitted by the manufacturer demonstrating the expected frequency of results in

the “ non

- detection zone ” and the ability of the monitor to determine accurately, had an actual malfunction been present, whether or not the monitor would have detected

a malfunction instead of a result in the “ non

- detection zone. ”Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 10 of 101 ( iv) For monitors that run or complete their evaluation with the engine off, the numerator must be incremented either within 10 seconds of the monitor completing

its evaluation in the engine off state, or during the first 10 seconds of engine start on the subsequent drive cycle.

( v) Manufacturers that use alternative statistical MIL activation protocols as allowed in paragraph (b)(2)(iii) of this section for any of the monitors requir ing a numerator, are required to increment the numerator(s) appropriately. The manufacturer may be required to provide supporting data and/or engineering analyses demonstrating both the equivalence of their incrementing approach to the incrementing specifi ed in this paragraph (d)(3) for monitors using the standard MIL activation protocol, and the overall equivalence of the incrementing approach in determining that the minimum acceptable in

- use performance ratio of paragraph (d)(1)(ii) of this section, if ap plicable, has been satisfied.

( 4) Specifications for incrementing the denominator.

(i) The denominator, when incremented, must be incremented by an integer of one. The denominator shall not be incremented more than once per drive cycle.

( ii) The denomin ator for each monitor must be incremented within 10 seconds if and only if the following criteria are satisfied on a single drive cycle:

( A) Cumulative time since the start of the drive cycle is greater than or equal to

600 seconds while at an elevation o f less than 8,000 feet (2,400 meters) above sea level and at an ambient temperature of greater than or equal to 20 degrees Fahrenheit ( −7 C);

( B) Cumulative gasoline engine operation at or above 25 miles per hour or diesel engine operation at or above 1,150 rotations per minute (diesel engines may use the gasoline criterion for 2010 through 2012 model years), either of which occurs for greater than or equal to 300 seconds while at an elevation of less than 8,000 feet (2,400 meters) above sea level and at an ambient temperature of greater than

or eq ual to 20 degrees Fahrenheit ( −7 C); and,

( C) Continuous engine operation at idle (e.g., accelerator pedal released by driver and engine speed less than or equal to 200 rpm above normal warmed

- up idle (as determined in the drive position for vehicles equi pped with an automatic transmission) or vehicle speed less than or equal to one mile per hour) for greater than or equal to 30 seconds while at an elevation of less than 8,000 feet (2,400 meters) above sea level and at an ambient temperature of greater tha n or equal to 20 degrees Fahrenheit ( −7 C).

( iii) In addition to the requirements of paragraph (d)(4)(ii) of this section, the evaporative system monitor denominator(s) may be incremented if and only if:Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 11 of 101 ( A) Cumulative time since the start of the drive c ycle is greater than or equal to 600 seconds while at an ambient temperature of greater than or equal to 40 degrees Fahrenheit (4 C) but less than or equal to 95 degrees Fahrenheit (35 C); and,

( B) Engine cold start occurs with the engine coolant temperat ure greater than or equal to 40 degrees Fahrenheit (4 C) but less than or equal to 95 degrees Fahrenheit (35 C) and less than or equal to 12 degrees Fahrenheit (7 C) higher than the ambient temperature.

( iv) In addition to the requirements of paragraph (d )(4)(ii) of this section, the denominator(s) for the following monitors may be incremented if and only if the component or strategy is commanded “ on ” for a cumulative time greater than or equal to 10 seconds. For purposes of determining this commanded “ on ” time, the OBD system shall not include time during intrusive operation of any of the components or strategies that occurs later in the same drive cycle for the sole purpose of monitoring.

( A) Secondary air system (paragraph (h)(5) of this section).

( B) Cold start emission reduction strategy (paragraph (h)(4) of this section).

( C) Components or systems that operate only at engine start

- up (e.g., glow plugs, intake air heaters) and are subject to monitoring under “ other emission control

systems ” (paragrap h (i)(4) of this section) or comprehensive component output components (paragraph (i)(3)(iii) of this section).

( v) In addition to the requirements of paragraph (d)(4)(ii) of this section, the denominator(s) for the following monitors of output components (except those operated only at engine start

- up and subject to the requirements of paragraph (d)(4)(iv) of this section, may be incremented if and only if the component is commanded to function (e.g., commanded “ on ”

, “ opened ”

, “ closed ”

, “ locked ” ) on

two or more occasions during the drive cycle or for a cumulative time greater than or equal to 10 seconds, whichever occurs first:

( A) Variable valve timing and/or control system (paragraph (g)(10) of this section or (h)(9) of this section).

( B) “ Other emissio n control systems ” (paragraph (i)(4) of this section).

( C) Comprehensive component output component (paragraph (i)(3) of this section) (e.g., turbocharger waste

- gates, variable length manifold runners).

( vi) For monitors of the following components, the manufacturer may use alternative or additional criteria for incrementing the denominator to that set forth in paragraph (d)(4)(ii) of this section. To do so, the alternative criteria must be basedRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 12 of 101 on equivalence to the criteria of paragraph (d)(4)(ii) of t his section in measuring the frequency of monitor operation relative to the amount of engine operation:

( A) Engine cooling system input components (paragraph (i)(1) of this section).

( B) “ Other emission control systems ” (paragraph (i)(4) of this section)

.

( C) Comprehensive component input components that require extended monitoring evaluation (paragraph (i)(3) of this section) (e.g., stuck fuel level sensor rationality).

( D) Comprehensive component input component temperature sensor rationality

monitors (paragraph (i)(3) of this section) (e.g., intake air temperature sensor, ambient temperature sensor, fuel temperature sensor).

( E) Diesel particulate filter (DPF) frequent regeneration (paragraph (g)(8)(ii)(B) of this section).

( vii) For monitors of the following components or other emission controls that experience infrequent regeneration events, the manufacturer may use alternative or additional criteria for incrementing the denominator to that set forth in paragraph (d)(4)(ii) of this section. To do s o, the alternative criteria must be based on equivalence to the criteria of paragraph (d)(4)(ii) of this section in measuring the frequency of monitor operation relative to the amount of engine operation:

( A) NMHC converting catalyst (paragraph (g)(5) of this section).

( B) Diesel particulate filter (DPF) (paragraphs (g)(8)(ii)(A) and (g)(8)(ii)(D) of this section).

( viii) In addition to the requirements of paragraph (d)(4)(ii) of this section, the denominator(s) for the following monitors shall be increm ented if and only if a regeneration event is commanded for a time greater than or equal to 10 seconds:

( A) DPF incomplete regeneration (paragraph (g)(8)(ii)(C) of this section).

( B) DPF active/intrusive injection (paragraph (g)(8)(ii)(E) of this section)

.

( ix) For hybrids that employ alternative engine start hardware or strategies (e.g., integrated starter and generators), or alternative fuel vehicles (e.g., dedicated, bi

fuel, or dual

- fuel applications), the manufacturer may use alternative criteria for incrementing the denominator to that set forth in paragraph (d)(4)(ii) of this section. In general, the Administrator will not approve alternative criteria for those hybrids that employ engine shut off only at or near idle and/or vehicle stop conditions. To use alternative criteria, the alternative criteria must be based on the equivalence to the criteria of paragraph (d)(4)(ii) of this section in measuring the amount of vehicle operation relative to the measure of conventional vehicle operation.Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 13 of 101 ( 5) Disa blement of numerators and denominators.

(i) Within 10 seconds of detecting a malfunction (i.e., a pending or a MIL

- on DTC has been stored) that disables a monitor for which the monitoring conditions in paragraph (d) of this section must be met, the OBD sy stem must stop incrementing the numerator and denominator for any monitor that may be disabled as a consequence of the detected malfunction. Within 10 seconds of the time at which the malfunction is no longer being detected (e.g., the pending DTC is erased through OBD system self

- clearing or through a scan tool command), incrementing of all applicable numerators and denominators must resume.

( ii) Within 10 seconds of the start of a power take

- off unit (e.g., dump bed, snow plow blade, or aerial bucket, etc .) that disables a monitor for which the monitoring conditions in paragraph (d) of this section must be met, the OBD system must stop incrementing the numerator and denominator for any monitor that may be disabled as a consequence of power take

- off operati on. Within 10 seconds of the time at which the power take

- off operation ends, incrementing of all applicable numerators

and denominators must resume.

( iii) Within 10 seconds of detecting a malfunction (i.e., a pending or a MIL

- on DTC has been stored) of a ny component used to determine if the criteria of paragraphs (d)(4)(ii) and (d)(4)(iii) of this section are satisfied, the OBD system must stop incrementing all applicable numerators and denominators. Within 10 seconds of the

time at which the malfunction is no longer being detected (e.g., the pending DTC is erased through OBD system self

- clearing or through a scan tool command), incrementing of all applicable numerators and denominators must resume.

( e) Standardized tracking and reporting of in

- use monito r performance

(1) General. For monitors required to track and report in

- use monitor performance according to paragraph (d) of this section, the performance data must be tracked and reported in accordance with the specifications in paragraphs (d)(2), (e), and (k)(5) of this section. The OBD system must separately report an in

- use monitor performance numerator and denominator for each of the following components:

( i) For diesel engines, NMHC catalyst bank 1, NMHC catalyst bank 2, NOx catalyst bank 1, NOx ca talyst bank 2, exhaust gas sensor bank 1, exhaust gas sensor bank 2, EGR/VVT system, DPF, boost pressure control system, and NOx adsorber. The OBD system must also report a general denominator and an ignition cycle counter in the standardized format specif ied in paragraphs (e)(5), (e)(6), and (k)(5) of this

section.

( ii) For gasoline engines, catalyst bank 1, catalyst bank 2, exhaust gas sensor bank 1, exhaust gas sensor bank 2, evaporative leak detection system, EGR/VVT system, and secondary air syste m. The OBD system must also report a general denominatorRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 14 of 101 and an ignition cycle counter in the standardized format specified in paragraphs (e)(5), (e)(6), and (k)(5) of this section.

( iii) For specific components or systems that have multiple monitors that are required to be reported under paragraphs (g) and (h) of this section (e.g., exhaust gas sensor bank 1 may have multiple monitors for sensor response or other sensor characteristics), the OBD system must separately track numerators and

denominators for each of the specific monitors and report only the corresponding numerator and denominator for the specific monitor that has the lowest numerical ratio. If two or more specific monitors have identical ratios, the corresponding

numerator and denominator for the specific monitor that has the highest denominator must be reported for the specific component.

( 2) Numerator.

(i) The OBD system must report a separate numerator for each of the applicable components listed in paragraph (e)(1) of this section.

( ii) The numerator(s) must be reported in accordance with the specifications in paragraph (k)(5)(ii) of this section.

( 3) Denominator.

(i) The OBD system must report a separate denominator for each of the applicable components listed in paragraph (e)(1) of t his section.

( ii) The denominator(s) must be reported in accordance with the specifications in paragraph (k)(5)(ii) of this section.

( 4) Monitor performance ratio. For purposes of determining which corresponding numerator and denominator to report as req uired in paragraph (e)(1)(iii) of this section, the ratio must be calculated in accordance with the specifications in paragraph (k)(5)(iii) of this section.

( 5) Ignition cycle counter.

(i) The ignition cycle counter is defined as a counter that indicates the number of ignition cycles a vehicle has experienced according to the specifications of paragraph (e)(5)(ii)(B) of this section. The ignition cycle counter must be reported in accordance with the specifications in paragraph (k)(5)(ii) of this section.

( ii) The ignition cycle counter must be incremented as follows:

( A) The ignition cycle counter, when incremented, must be incremented by an integer of one. The ignition cycle counter shall not be incremented more than once per ignition cycle.Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 15 of 101 ( B) The ig nition cycle counter must be incremented within 10 seconds if and only if the engine exceeds an engine speed of 50 to 150 rpm below the normal,

warmed

- up idle speed (as determined in the drive position for engines paired with an automatic transmission) for at least two seconds plus or minus one second.

( iii) Within 10 seconds of detecting a malfunction (i.e., a pending or a MIL

- on DTC has been stored) of any component used to determine if the criteria in paragraph (e)(5)(ii)(B) of this section are satisfie d (i.e., engine speed or time of operation), the OBD system must stop incrementing the ignition cycle counter. Incrementing of the ignition cycle counter shall not be stopped for any other condition. Within 10

seconds of the time at which the malfunction i s no longer being detected (e.g., the pending DTC is erased through OBD system self

- clearing or through a scan tool command), incrementing of the ignition cycle counter must resume.

( 6) General denominator.

(i) The general denominator is defined as a mea sure of the number of times an engine has been operated according to the specifications of paragraph (e)(6)(ii)(B) of this section. The general denominator must be reported in accordance with the specifications in paragraph (k)(5)(ii) of this section.

( ii ) The general denominator must be incremented as follows:

( A) The general denominator, when incremented, must be incremented by an integer of one. The general denominator shall not be incremented more than once per drive cycle.

( B) The general denominato r must be incremented within 10 seconds if and only if the criteria identified in paragraph (d)(4)(ii) of this section are satisfied on a single drive cycle.

( C) Within 10 seconds of detecting a malfunction (i.e., a pending or a MIL

- on DTC has been st ored) of any component used to determine if the criteria in paragraph (d)(4)(ii) of this section are satisfied (i.e., vehicle speed/load, ambient temperature, elevation, idle operation, or time of operation), the OBD system must stop incrementing the gener al denominator. Incrementing of the general denominator shall not be stopped for any other condition (e.g., the disablement criteria in paragraphs (d)(5)(i) and (d)(5)(ii) of this section shall not disable the general denominator). Within 10 seconds of the time at which the malfunction is no longer being detected (e.g., the pending DTC is erased through OBD system

self

- clearing or through a scan tool command), incrementing of the general

denominator must resume.

( f) Malf unction criteria determination.

(1) In determining the malfunction criteria for the diesel engine monitors required under paragraphs (g) and (i) of this section that are required to indicate a malfunctionRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 16 of 101 before emissions exceed an emission threshold based on any applicable standard, the

ma nufacturer must:

( i) Use the emission test cycle and standard (i.e., the transient FTP or the supplemental emissions test (SET)) determined by the manufacturer to provide the most effective monitoring conditions and robust monitor provided all other appli cable requirements of this section are met.

( ii) Identify in the certification documentation required under paragraph (m) of this section, the test cycle and standard determined by the manufacturer to be the most stringent for each applicable monitor and the most effective and robust for each applicable monitor.

( iii) If the Administrator reasonably believes that a manufacturer has determined incorrectly the test cycle and standard that is most stringent or effective, the manufacturer must be able to prov ide emission data and/or engineering analysis supporting their choice of test cycle and standard.

( 2) On engines equipped with emission controls that experience infrequent regeneration events, a manufacturer need not adjust the emission test results that are used to determine the malfunction criteria for monitors that are required to indicate a

malfunction before emissions exceed a certain emission threshold. For each such monitor, should the manufacturer choose to adjust the emission test results, the

man ufacturer must adjust the emission result as done in accordance with the provisions of § 86.004

- 28(i) with the component for which the malfunction criteria are being established having been deteriorated to the malfunction threshold. The adjusted emission v alue must be used for purposes of determining whether or not the applicable emission threshold is exceeded.

( i) For purposes of this paragraph (f)(2), regeneration means an event, by design, during which emissions levels change while the emission control performance is being restored.

( ii) For purposes of this paragraph (f)(2), infrequent means having an expected frequency of less than once per transient FTP cycle.

( 3) For gasoline engines, rather than meeting the malfunction criteria specified under

par agraphs (h) and (i) of this section, the manufacturer may request approval to use an OBD system certified to the requirements of § 86.007

- 17. To do so, the manufacturer must demonstrate use of good engineering judgment in determining equivalent malfunction detection criteria to those required in this section.

( g) OBD monitoring requirements for diesel

- fueled/compression

- ignition engines. The following table shows the thresholds at which point certain components or systems, as specified in this paragraph (g ), are considered malfunctioning.

( 1) Fuel system monitoringRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 17 of 101 (i) General. The OBD system must monitor the fuel delivery system to verify that it is functioning properly. The individual electronic components (e.g., actuators, valves, sensors, pumps) that are used in the fuel system and are not specifically addressed in this paragraph (g)(1) must be monitored in accordance with the requirements of paragraph (i)(3) of this section.

( ii) F uel system malfunction criteria

(A) Fuel system pressure control. The OBD system must monitor the fuel

system ’ s ability to control to the desired fuel pressure. This monitoring must be done continuously unless new hardware has to be added, in which case the monitoring must be done at least once per drive cycle. The OBD syst em must detect a malfunction of the fuel system ’ s pressure control system when the pressure control system is unable to maintain an engine ’ s emissions at or below

the emissions thresholds for “ other monitors ” as shown in Table 1 of this paragraph (g). For engines in which no failure or deterioration of the fuel system pressure control could result in an engine ’ s emissions exceeding the applicable emissions thresholds, the OBD system must detect a malfunction when the system

has reached its control limits su ch that the commanded fuel system pressure cannot be delivered. For model year 2010 to 2012 engines with a unit injector fuel system, this requirement may be met by conducting a functional check of the fuel system pressure control in lieu of monitoring for conditions that could cause an engine ’ s emissions to exceed the applicable emissions thresholds.

(B) Fuel system injection quantity. The OBD system must detect a malfunction of the fuel injection system when the system is unable to deliver the commanded quantity of fuel necessary to maintain an engine ’ s emissions at or below the

emissions thresholds for “ other monitors ” as shown in Table 1 of this paragraph (g). For engines in which no failure or deterioration of the fuel injection quantity

could result i n an engine ’ s emissions exceeding the applicable emissions thresholds, the OBD system must detect a malfunction when the system has reached its control limits such that the commanded fuel quantity cannot be delivered. For model year 2010 to 2012 engines wi th a unit injector fuel system, this requirement may be met by conducting a functional check of the fuel system injection quantity in lieu of monitoring for conditions that could cause an engine ’ s emissions to exceed the applicable emissions thresholds.

( C) Fuel system injection timing. The OBD system must detect a malfunction of the fuel injection system when the system is unable to deliver fuel at the proper crank angle/timing (e.g., injection timing too advanced or too retarded) necessary

to maintain an engine’s emissions at or below the emissions thresholds for “other monitors” as shown in Table 1 of this paragraph (g). For engines in which no failure or deterioration of the fuel injection timing could result in an engine’s emissions exceeding the appli cable emissions thresholds, the OBD system must detect a malfunction when the system has reached its control limits such that theRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 18 of 101 Table 1

– OBD Emissions Thresholds for Diesel

- Fueled/Compression

- Ignition Engines Meant for Placement in Applications Greater Than 14,000 Pounds GVWR (g/bhp

- hr)

Notes: FEL = Family Emissions Limit; 2.5x std means a multiple of 2.5 times the applicable emissions standard; +0.3 means the standard or FEL plus 0.3; 0.05/+0.04 means an absolute level of 0.05 or an

additive level o f the standard or FEL plus 0.04, whichever level is higher; these emissions thresholds apply to the monitoring requirements of paragraph (g) of this § 86.010

- 18.

commanded fuel injection timing cannot be achieved. For model year 2010 to 2012 engines with a unit injector fuel system, this requirement may be met by conducting a functional check of the fuel system injection timing in lieu of monitoring for conditions that could cause an engine ’ s emissions to exceed the applicable emissions thresholds.

( D) C ombined Monitoring. For engines with a unit injector fuel system, the manufacturer may request Administrator approval to combine the malfunction criteria of paragraphs (g)(1)(ii)(A) through (g)(1)(ii)(C) of this section into one malfunction provided the ma nufacturer can demonstrate that the combined malfunction will satisfy the intent of each separate malfunction criteria. For engines with a common rail fuel system, the manufacturer may request Administrator approval to combine the malfunction criteria of p aragraphs (g)(1)(ii)(B) through (g)(1)(ii)(C) of this section into one malfunction provided the manufacturer can demonstrate that the combined malfunction will satisfy the intent of each separate malfunction criteria.

( E) Fuel system feedback control. See paragraph (i)(6) of this section.Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 19 of 101 ( iii) Fue l system monitoring conditions.

(A) With the exceptions noted in this paragraph for unit injector systems, the OBD system must monitor continuously for malfunctions identified in paragraphs (g)(1)(ii)(A) and (g )(1)(ii)(E) of this section. For 2010 through 2012 unit injector systems, where functional monitoring is done in lieu of emission threshold monitoring for malfunctions identified in paragraph (g)(1)(ii)(A) of this section,

the manufacturer must define the monitoring conditions in accordance with paragraphs (c) and (d) of this section. For 2013 and later unit injector systems, the manufacturer must define the monitoring conditions for malfunctions identified in paragraph (g)(1)(ii)(A) of this section in acco rdance with paragraphs (c) and (d) of this section, with the exception that monitoring must occur every time the monitoring conditions are met during the drive cycle rather than once per drive cycle as required in paragraph (c)(2) of this section.

( B) For 2010 through 2012, the manufacturer must define the monitoring conditions for malfunctions identified in paragraphs (g)(1)(ii)(B), (g)(1)(ii)(C), and (g)(1)(ii)(D) of this section in accordance with paragraphs (c) and (d) of this

section. For 2013 and lat er, the manufacturer must define the monitoring conditions in accordance with paragraphs (c) and (d) of this section, with the exception that monitoring must occur every time the monitoring conditions are met during the drive cycle rather than once per dri ve cycle as required in paragraph (c)(2) of this section.

( iv) Fuel system MIL activation and DTC storage. The MIL must activate and DTCs must be stored according to the provisions of paragraph (b) of this section.

( 2) Engine misfire monitoring

(i) Gene ral. The OBD system must monitor the engine for misfire causing excess

emissions.

( ii) Engine misfire malfunction criteria.

(A) The OBD system must be capable of detecting misfire occurring in one or more cylinders. To the extent possible without adding hardware for this specific purpose, the OBD system must also identify the specific misfiring cylinder. If more than one cylinder is misfiring continuously, or if more than one but less than half of the cylinders are misfiring continuously (if the manufactu rer can demonstrate the robustness of their monitor to the approval of the Administrator), a separate DTC must be stored indicating that multiple cylinders are misfiring. When identifying multiple cylinder misfire, the OBD system is not required to

identif y individually through separate DTCs each of the continuously misfiring cylinders.

( B) For model years 2013 and later, on engines equipped with sensors that can detect combustion or combustion quality (e.g., for use in engines withRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 20 of 101 homogeneous charge comp ression ignition (HCCI) control systems), the OBD system must detect a misfire malfunction causing emissions to exceed the applicable thresholds for “ other monitors ” shown in Table 1 of this paragraph (g).

To determine what level of misfire would cause emi ssions to exceed the applicable emissions thresholds, the manufacturer must determine the percentage of misfire evaluated in 1,000 revolution increments that would cause emissions from an emission durability demonstration engine to exceed the emissions

thr esholds if the percentage of misfire were present from the beginning of the test. To establish this percentage of misfire, the manufacturer must use misfire events occurring at equally spaced, complete engine cycle intervals, across randomly selected cylin ders throughout each 1,000

- revolution increment. If this percentage of misfire is determined to be lower than one percent, the manufacturer may set the malfunction criteria at one percent. Any misfire malfunction must be detected if the percentage of misfi re established via this testing is exceeded regardless of the pattern of misfire events (e.g., random, equally spaced, continuous). The manufacturer may employ other revolution increments besides the 1,000 revolution increment. To do so, the manufacturer m ust demonstrate that the strategy is equally effective and timely in detecting misfire.

( iii) Engine mi sfire monitoring conditions.

(A) The OBD system must monitor for engine misfire during engine idle conditions at least once per drive cycle in which th e monitoring conditions for misfire are met. The manufacturer must be able to demonstrate via engineering analysis and/or data that the self

- defined monitoring conditions: are technically necessary to ensure robust detection of malfunctions (e.g., avoid fa lse passes and false detection of malfunctions); require no more than 1000 cumulative engine revolutions; and, do not require any single continuous idle operation of more than 15 seconds to make a determination that a malfunction is present (e.g., a decisi on can be made with data gathered during several i dle operations of 15 seconds or less); or, satisfy the requirements of paragraph (c) of this section with alternative engine operating conditions.

( B) Manufacturers may employ alternative monitoring condit ions (e.g., off

- idle) provided the manufacturer is able to demonstrate that the alternative monitoring ensure equivalent robust detection of malfunctions and equivalent timeliness in

detection of malfunctions.

( C) For model years 2013 and later, on engine s equipped with sensors that can detect combustion or combustion quality the OBD system must monitor continuously for engine misfire under all positive torque engine speed and load conditions. If a monitoring system cannot detect all misfire patterns under all required engine speed and load conditions, the manufacturer may request that the Administrator approve the monitoring system nonetheless. In evaluating the

manufacturer ’ s request, the Administrator will consider the following factors: the magnitude of the region(s) in which misfire detection is limited; the degree to which misfire detection is limited in the region(s) (i.e., the probability of detectionRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 2 1 of 101 of misfire events); the frequency with which said region(s) are expected to be

encountered in

- use; t he type of misfire patterns for which misfire detection is troublesome; and demonstration that the monitoring technology employed is not inherently incapable of detecting misfire under required conditions (i.e., compliance can be achieved on other engines) . The evaluation will be based on the following misfire patterns: equally spaced misfire occurring on randomly selected cylinders; single cylinder continuous misfire; and, paired cylinder (cylinders firing at the same crank angle) continuous misfire.

( iv) Engine misfire MIL activation and DTC storage.

(A) General requirements for MIL activation and DTC storage are set forth in paragraph (b) of this section.

( B) For model years 2013 and later, on engines equipped with sensors that can

detect combustion or combustion quality, upon detection of the percentage of misfire specified in paragraph (g)(2)(ii)(B) of this section, the following criteria shall apply for MIL activation and DTC storage: A pending DTC must be stored

no later than after the fourth exceed ance of the percentage of misfire specified in paragraph (g)(2)(ii) of this section during a single drive cycle; if a pending fault code has been stored, the OBD system must activate the MIL and store a MIL

- on DTC within 10 seconds if the percentage of mis fire specified in paragraph (g)(2)(ii) of this section is again exceeded four times during the drive cycle immediately following storage of the pending DTC, regardless of the conditions encountered during the drive cycle, or on the next drive cycle in whic h similar conditions are encountered to those that were occurring when the pending DTC was stored. Similar conditions means an engine speed within 375 rpm, engine load within 20 percent, and the same warm up status (i.e., cold or hot). The

Administrator ma y approve other definitions of similar conditions based on comparable timeliness and reliability in detecting similar engine operation. The pending DTC may be erased at the end of the next drive cycle in which similar

conditions are encountered to those th at were occurring when the pending DTC was stored provided the specified percentage of misfire was not again exceeded. The pending DTC may also be erased if similar conditions are not encountered during the 80 drive cycles immediately following initial det ection of the

malfunction.

( C) For model years 2013 and later, on engines equipped with sensors that can detect combustion or combustion quality, the OBD system must store and erase freeze frame conditions either in conjunction with storing and erasing a pending DTC or in conjunction with storing and erasing a MIL

- on DTC. If freeze frame

conditions are stored for a malfunction other than a misfire malfunction when a DTC is stored as specified in paragraph (g)(2)(iv)(B) of this section, the stored

freeze fr ame information must be replaced with the freeze frame information regarding the misfire malfunction.Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 22 of 101 ( D) For model years 2013 and later, on engines equipped with sensors that can detect combustion or combustion quality, upon detection of misfire accordin g to paragraph (g)(2)(iv)(B) of this section, the OBD system must also store the following engine conditions: engine speed, load, and warm up status of the first misfire event that resulted in the storage of the pending DTC.

( E) For model years 2013 and l ater, on engines equipped with sensors that can detect combustion or combustion quality, the MIL may be deactivated after three sequential drive cycles in which similar conditions have been encountered without an exceedance of the specified percentage of m isfire.

( 3) EGR system monitoring

(i) General. The OBD system must monitor the EGR system on engines so equipped for low flow rate, high flow rate, and slow response malfunctions. For engines equipped with EGR coolers (e.g., heat exchangers), the OBD sys tem must monitor the cooler for insufficient cooling malfunctions. The individual electronic components (e.g., actuators, valves, sensors) that are used in the EGR system must be monitored in accordance with the comprehensive component requirements in

para graph (i)(3) of this section.

( ii) EGR system malfunction criteria

(A) EGR low flow. The OBD system must detect a malfunction of the EGR system prior to a decrease from the manufacturer ’ s specified EGR flow rate that would cause an engine ’ s emissions to exceed the emissions thresholds for “ other

monitors ” as shown in Table 1 of this paragraph (g). For engines in which no failure or deterioration of the EGR system that causes a decrease in flow could result in an engine ’ s emissions exceeding the applicable emissions thresholds, the OBD system must detect a malfunction when the system has reached its control

limits such that it cannot increase EGR flow to achieve the commanded flow rate.

( B) EGR high flow. The OBD system must detect a malfunction of the EGR system, including a leaking EGR valve (i.e., exhaust gas flowing through the valve when the valve is commanded closed) prior to an increase from the

manufacturer ’ s specified EGR flow rate that would cause an engine ’ s emissions

to exceed the emissions thre sholds for “ other monitors ” as shown in Table 1 of this paragraph (g). For engines in which no failure or deterioration of the EGR system that causes an increase in flow could result in an engine ’ s emissions exceeding the applicable emissions thresholds, t he OBD system must detect a malfunction when the system has reached its control limits such that it cannot

reduce EGR flow to achieve the commanded flow rate.

( C) EGR slow response. The OBD system must detect a malfunction of the EGR system prior to any f ailure or deterioration in the capability of the EGR system to

achieve the commanded flow rate within a manufacturer

- specified time that would cause an engine ’ s emissions to exceed the emissions thresholds for “ otherRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 23 of 101 monitors ” as shown in Table 1 of this p aragraph (g). The OBD system must monitor both the capability of the EGR system to respond to a commanded increase in flow and the capability of the EGR system to respond to a commanded

decrease in flow.

( D) EGR system feedback control. See paragraph (i)( 6) of this section.

( E) EGR cooler performance. The OBD system must detect a malfunction of the EGR cooler prior to a reduction from the manufacturer ’ s specified cooling performance that would cause an engine ’ s emissions to exceed the emissions

thresholds for “ other monitors ” as shown in Table 1 of this paragraph (g). For engines in which no failure or deterioration of the EGR cooler could result in an engine ’ s emissions exceeding the applicable emissions thresholds, the OBD system must detect a malfunctio n when the system has no detectable amount of EGR cooling.

( iii) EG R system monitoring conditions.

(A) The OBD system must monitor continuously for malfunctions identified in paragraphs (g)(3)(ii)(A), (g)(3)(ii)(B), and (g)(3)(ii)(D) of this section.

( B ) The manufacturer must define the monitoring conditions for malfunctions identified in paragraph (g)(3)(ii)(C) of this section in accordance with paragraphs (c) and (d) of this section, with the exception that monitoring must occur every

time the monitori ng conditions are met during the drive cycle rather than once per drive cycle as required in paragraph (c)(2) of this section. For purposes of tracking and reporting as required in paragraph (d)(1) of this section, all monitors

used to detect malfunctions identified in paragraph (g)(3)(ii)(C) of this section must be tracked separately but reported as a single set of values as specified in paragraph (e)(1)(iii) of this section.

( C) The manufacturer must define the monitoring conditions for malfunctions

iden tified in paragraph (g)(3)(ii)(E) of this section in accordance with paragraphs (c) and (d) of this section. For purposes of tracking and reporting as required in paragraph (d)(1) of this section, all monitors used to detect malfunctions identified in para graph (g)(3)(ii)(E) of this section must be tracked separately but reported as a single set of values as specified in paragraph (e)(1)(iii) of this

section.

( D) The manufacturer may request Administrator approval to disable temporarily the EGR system moni tor(s) under specific ambient conditions (e.g., when freezing may affect performance of the system) or during specific operating conditions (e.g., transients, extreme low or high flow conditions). The manufacturer must be

able to demonstrate via data or en gineering analysis that a reliable system monitor cannot be run when these conditions exist because it cannot robustly distinguish between a malfunctioning system and a properly operating system. TheRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 24 of 101 manufacturer is still required to maintain comprehensive component monitoring as required in paragraph (i)(3) of this section.

( iv) EGR system MIL activation and DTC storage. The MIL must activate and DTCs must be stored according to the provisions of paragraph (b) of this section.

( 4) Turbo boost control system monitoring

(i) General. The OBD system must monitor the boost pressure control system (e.g., turbocharger) on engines so equipped for under and over boost malfunctions. For engines equipped with variable geometry turbochargers (VGT), the OBD syste m must monitor the VGT system for slow response malfunctions. For engines equipped with charge air cooler systems, the OBD system must monitor the charge air cooler system for cooling system performance malfunctions. The individual electronic components (e .g., actuators, valves, sensors) that are used in the boost pressure control system must be monitored in accordance with the comprehensive component requirements in paragraph (i)(3) of this section.

( ii) Turbo boost control system malfunction criteria

(A ) Turbo underboost. The OBD system must detect a malfunction of the boost pressure control system prior to a decrease from the manufacturer ’ s commanded boost pressure, or expected boost pressure on engines not equipped with a boost pressure control system, that would cause an engine ’ s emissions to exceed the

emissions thresholds for “ other monitors ” as shown in Table 1 of this paragraph (g). For engines in which no failure or deterioration of the boost pressure control system that causes a decrease in boost could result in an engine ’ s emissions exceeding the applicable emissions thresholds, the OBD system must detect a malfunction when the system has reached its control limits such that it cannot increase boost to achieve the commanded boost pressure.

( B) T urbo overboost. The OBD system must detect a malfunction of the boost pressure control system on engines so equipped prior to an increase from the

manufacturer ’ s commanded boost pressure that would cause an engine ’ s emissions to exceed the emissions thresh olds for “ other monitors ” as shown in Table 1 of this paragraph (g). For engines in which no failure or deterioration of the boost pressure control system that causes an increase in boost could result in an engine ’ s emissions exceeding the applicable emiss ions thresholds, the OBD system must detect a malfunction when the system has reached its control limits such that it cannot decrease boost to achieve the commanded boost pressure.

( C) VGT slow response. The OBD system must detect a malfunction prior to a ny failure or deterioration in the capability of the VGT system on engines so equipped to achieve the commanded turbocharger geometry within a

manufacturer

- specified time that would cause an engine ’ s emissions to exceed the

emissions thresholds for “ other monitors ” as shown in Table 1 of this paragraph (g). For engines in which no failure or deterioration of the VGT system responseRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 25 of 101 could result in an engine ’ s emissions exceeding the applicable emissions thresholds, the OBD system must detect a malfunction o f the VGT system when proper functional response of the system to computer commands does not occur.

( D) Turbo boost feedback control. See paragraph (i)(6)of this section.

( E) Charge air undercooling. The OBD system must detect a malfunction of the charge air cooling system prior to a decrease from the manufacturer ’ s specified cooling rate that would cause an engine ’ s emissions to exceed the emissions

thresholds for “ other monitors ” as shown in Table 1 of this paragraph (g). For engines in which no failure or deterioration of the charge air cooling system that causes a decrease in cooling performance could result in an engine ’ s emissions exceeding the applicable emissions thresholds, the OBD system must detect a malfunction when the system has no detectable amount of charge air cooling.

( iii) Tur bo boost monitoring conditions.

(A) The OBD system must monitor continuously for malfunctions identified in paragraphs (g)(4)(ii)(A), (g)(4)(ii)(B), and (g)(4)(ii)(D) of this section.

( B) The manufacturer must def ine the monitoring conditions for malfunctions identified in paragraph (g)(4)(ii)(C) of this section in accordance with paragraphs (c) and (d) of this section, with the exception that monitoring must occur every time the monitoring conditions are met durin g the drive cycle rather than once per drive cycle as required in paragraph (c)(2) of this section. For purposes of tracking and reporting as required in paragraph (d)(1) of this section, all monitors used to detect malfunctions identified in paragraph (g) (4)(ii)(C) of this section must be tracked separately but reported as a single set of values as specified in paragraph (e)(1)(iii) of this section.

( C) The manufacturer must define the monitoring conditions for malfunctions identified in paragraph (g)(4)( ii)(E) of this section in accordance with paragraphs (c) and (d) of this section. For purposes of tracking and reporting as required in paragraph (d)(1) of this section, all monitors used to detect malfunctions identified in paragraph (g)(4)(ii)(E) of this section must be tracked separately but reported as a single set of values as specified in paragraph (e)(1)(iii) of this

section.

( D) The manufacturer may request Administrator approval to disable temporarily the turbo boost system monitor(s) during speci fic operating conditions (e.g., transients, extreme low or high flow conditions). The manufacturer must be able to demonstrate via data or engineering analysis that a reliable system monitor

cannot be run when these conditions exist because it cannot robus tly distinguish between a malfunctioning system and a properly operating system. The manufacturer is still required to maintain comprehensive component monitoring as required in paragraph (i)(3) of this section.Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 26 of 101 ( iv) Turbo boost system MIL activation and DTC storage. The MIL must activate and DTCs must be stored according to the provisions of paragraph (b) of this

section.

( 5) NMHC converting catalyst monitoring

(i) General. The OBD system must monitor the NMHC converting catalyst(s) for proper NMHC conv ersion capability. For purposes of this paragraph (g)(5), each catalyst that converts NMHC must be monitored either individually or in combination with others. For purposes of this paragraph (g)(5), NMHC conversion that may occur over the DPF or other afte rtreatment devices is not included.

( ii) NMHC convertin g catalyst malfunction criteria

(A) NMHC converting catalyst conversion efficiency. The OBD system must detect a malfunction when the catalyst has no detectable amount of NMHC conversion capability.

( B) NMHC converting catalyst aftertreatment assistance functions. For catalysts used to generate an exotherm to assist DPF regeneration, the OBD system must detect a malfunction when the catalyst is unable to generate a sufficient exotherm

to achieve DPF regeneration. In meeting this requirement, the OBD system must detect a malfunction when the DOC is unable to generate a temperature rise of 100 degrees C, or to reach the necessary DPF regeneration temperature, within 60 seconds of initiating an active DP F regeneration. Further, the OBD system must detect a malfunction when the DOC is unable to sustain the necessary regeneration temperature for the duration of the regeneration event. The OBD or control system must abort the regeneration if the regeneration temperature has not been reached within five minutes of initiating an active regeneration event, or if the regeneration temperature cannot be sustained for the duration of the regeneration event. As an alternative to these specific malfunction criteria, t he manufacturer may employ different criteria. To do so, the manufacturer must submit a description with supporting data, subject to Administrator approval, of their DPF regeneration monitoring strategy. The Administrator will consider the

strategy ’ s equiv alence to the specific criteria stated in this paragraph when considering the request. Also as an alternative to these specific malfunction criteria, the manufacturer may employ an OBD monitor that detects a catalyst malfunction when the catalyst conversio n capability decreases to the point that NMHC emissions exceed 2.5 times the applicable NMHC emission standard but must adjust emission test results pursuant to paragraph (f)(2) of this section. For catalysts located downstream of a DPF and used to convert NMHC emissions during DPF regeneration, the OBD system must detect a malfunction when the catalyst has no detectable amount of NMHC conversion capability unless the manufacturer can demonstrate that deterioration or malfunction of the catalyst

will not re sult in emissions that exceed the applicable NMHC standard.Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 27 of 101 ( iii) NMHC converting catalyst monitoring conditions. The manufacturer must define the monitoring conditions for malfunctions identified in paragraphs (g)(5)(ii)(A) and (g)(5)(ii)(B) of this sect ion in accordance with paragraphs (c) and (d) of this section. For purposes of tracking and reporting as required in paragraph (d)(1) of this section, all monitors used to detect malfunctions identified in paragraphs (g)(5)(ii)(A) and (g)(5)(ii)(B) of this section must be tracked separately but reported as a single set of values as specified in paragraph (e)(1)(iii) of this

section.

( iv) NMHC converting catalyst MIL activation and DTC storage. The MIL must activate and DTCs must be stored according to the provisions of paragraph (b) of this section. The monitoring method for the NMHC converting catalyst(s) must be capable of detecting all instances, except diagnostic self

- clearing, when a catalyst DTC has been erased but the catalyst has not been replaced ( e.g., catalyst over

temperature histogram approaches are not acceptable).

( 6) Selective catalytic reduction (SCR) and lean NOx catalyst monitoring

(i) General. The OBD system must monitor the SCR and/or the lean NOx converting catalyst(s) for proper conv ersion capability. For engines equipped with SCR systems or other catalyst systems that use an active/intrusive reductant injection (e.g., active lean NOx catalysts that use diesel fuel post

- injection or in

exhaust injection), the OBD system must monitor t he active/intrusive reductant injection system for proper performance. The individual electronic components (e.g., actuators, valves, sensors, heaters, pumps) in the active/intrusive reductant injection system must be monitored in accordance with the compr ehensive component requirements in paragraph (i)(3) of this section. For purposes of this paragraph (g)(6), each catalyst that converts NOx must be monitored either individually or in combination with others.

( ii) SCR and lean NOx catalyst malfunction cri teria

(A) SCR and lean NOx catalyst conversion efficiency. The OBD system must detect a catalyst malfunction when the catalyst conversion capability decreases to the point that would cause an engine ’ s emissions to exceed the emissions

thresholds for NOx a ftertreatment systems as shown in Table 1 of this paragraph (g). If no failure or deterioration of the catalyst NOx conversion capability could result in an engine ’ s emissions exceeding any of the applicable emissions thresholds, the OBD system must detect a malfunction when the catalyst has no

detectable amount of NOx conversion capability.

( B) SCR and lean NOx catalyst active/intrusive reductant delivery performance. The OBD system must detect a malfunction prior to any failure or deterioration of the sy stem to properly regulate reductant delivery (e.g., urea injection, separate injector fuel injection, post injection of fuel, air assisted injection/mixing) that would cause an engine ’ s emissions to exceed any of the applicable emissions

thresholds for NOx aftertreatment systems as shown in Table 1 of this paragraphRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 28 of 101 (g). If no failure or deterioration of the reductant delivery system could result in an engine ’ s emissions exceeding any of the applicable thresholds, the OBD system must detect a malfunction wh en the system has reached its control limits such that it is no longer able to deliver the desired quantity of reductant.

( C) SCR and lean NOx catalyst active/intrusive reductant quantity. If the SCR or

lean NOx catalyst system uses a reductant other than the fuel used for the engine, or uses a reservoir/tank for the reductant that is separate from the fuel tank used for the engine, the OBD system must detect a malfunction when there is no longer sufficient reductant available (e.g., the reductant tank is empty).

( D) SCR and lean NOx catalyst active/intrusive reductant quality. If the SCR or

lean NOx catalyst system uses a reservoir/tank for the reductant that is separate from the fuel tank used for the engine, the OBD system must detect a malfunction

when an improper reductant is used in the reductant reservoir/tank (e.g., the reductant tank is filled with something other than the reductant).

( E) SCR and lean NOx catalyst active/intrusive reductant feedback control. See paragraph (i)(6) of this section.

( iii) SCR and lean NOx catalyst monitoring conditions.

(A) The manufacturers must define the monitoring conditions for malfunctions identified in paragraphs (g)(6)(ii)(A) and (g)(6)(ii)(D) of this section in accordance with paragraphs (c) and (d) of this section. For purposes of tracking and reporting as required in paragraph (d)(1) of this section, all monitors used to detect malfunctions identified in paragraph (g)(6)(ii)(A) of this section must be tracked separately but reported as a single set of value s as specified in paragraph (e)(1)(iii) of this section.

( B) The OBD system must monitor continuously for malfunctions identified in paragraphs (g)(6)(ii)(B), (g)(6)(ii)(C), and (g)(6)(ii)(E) of this section.

( iv) SCR and lean NOx catalyst MIL activation and DTC storage.

(A) For malfunctions identified in paragraph (g)(6)(ii)(A) of this section, the MIL must activate and DTCs must be stored according to the provisions of paragraph (b) of this section.

( B) For malfunctions identified in paragraphs (g)(6) (ii)(B), (g)(6)(ii)(C), and (g)(6)(ii)(D) of this section, the manufacturer may delay activating the MIL if the vehicle is equipped with an alternative indicator for notifying the vehicle operator

of the malfunction. The alternative indicator must be of su fficient illumination and be located such that it is readily visible to the vehicle operator under all lighting conditions. If the vehicle is not equipped with such an alternative indicator and the OBD MIL activates, the MIL may be immediately deactivated and the corresponding DTC(s) erased once the OBD system has verified that theRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 29 of 101 reductant tank has been refilled properly and the MIL has not been activated for any other malfunction. The Administrator may approve other strategies that provide equivalent ass urance that a vehicle operator would be promptly notified

and that corrective action would be taken.

( C) The monitoring method for the SCR and lean NOx catalyst(s) must be capable of detecting all instances, except diagnostic self

- clearing, when a catalys t DTC(s) has been erased but the catalyst has not been replaced (e.g., catalyst over

temperature histogram approaches are not acceptable).

( 7) NOx adsorber system monitoring

(i) General. The OBD system must monitor the NOx adsorber on engines so

equipped for proper performance. For engines equipped with active/intrusive injection (e.g., in

- exhaust fuel and/or air injection) to achieve desorption of the NOx adsorber, the OBD system must monitor the active/intrusive injection system for proper performance. The individual electronic components (e.g., injectors, valves, sensors) that are used in the active/intrusive injection system must be monitored in accordance with the comprehensive component requirements in paragraph (i)(3) of

this section.

( ii) NOx adso r ber system malfunction criteria

(A) NOx adsorber system capability. The OBD system must detect a NOx adsorber malfunction when its capability (i.e., its combined adsorption and conversion capability) decreases to the point that would cause an engine ’ s NO x emissions to exceed the emissions thresholds for NOx aftertreatment systems as shown in Table 1 of this paragraph (g). If no failure or deterioration of the NOx adsorber capability could result in an engine ’ s NOx emissions exceeding the applicable emissi ons thresholds, the OBD system must detect a malfunction when the system has no detectable amount of NOx adsorber capability.

( B) NOx adsorber system active/intrusive reductant delivery performance. For

NOx adsorber systems that use active/intrusive injec tion (e.g., in

- cylinder post fuel injection, in

- exhaust air

- assisted fuel injection) to achieve desorption of the

NOx adsorber, the OBD system must detect a malfunction if any failure or deterioration of the injection system ’ s ability to properly regulate injection causes the system to be unable to achieve desorption of the NOx adsorber.

( C) NOx adsorber system feedback control. Malfunction criteria for the NOx

adsorber and the NOx adsorber active/instrusive reductant delivery system are contained in parag raph (i)(6) of this section.

( iii) NOx adsorbe r system monitoring conditions.

(A) The manufacturer must define the monitoring conditions for malfunctions identified in paragraph (g)(7)(ii)(A) of this section in accordance with paragraphsRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 30 of 101 (c) and (d) of t his section. For purposes of tracking and reporting as required in paragraph (d)(1) of this section, all monitors used to detect malfunctions identified in paragraph (g)(7)(ii)(A) of this section must be tracked separately but reported as a single set of v alues as specified in paragraph (e)(1)(iii) of this

section.

( B) The OBD system must monitor continuously for malfunctions identified in paragraphs (g)(7)(ii)(B) and (g)(7)(ii)(C) of this section.

( iv) NOx adsorber system MIL activation and DTC storage. The MIL must activate and DTCs must be stored according to the provisions of paragraph (b) of this

section.

( 8) Diesel particulate filter (DPF) system monitoring

(i) General. The OBD system must monitor the DPF on engines so

- equipped for proper performan ce. For engines equipped with active regeneration systems that use an active/intrusive injection (e.g., in

- exhaust fuel injection, in

- exhaust fuel/air burner), the OBD system must monitor the active/intrusive injection system for proper performance. The in dividual electronic components (e.g., injectors, valves, sensors) that are used in the active/intrusive injection system must be monitored in accordance with the comprehensive component requirements in paragraph (i)(3) of

this section.

( ii) DPF system mal function criteria

(A) DPF filtering performance. The OBD system must detect a malfunction prior to a decrease in the PM filtering capability of the DPF (e.g., cracking, melting, etc.) that would cause an engine ’ s PM emissions to exceed the emissions

thres holds for DPF systems as shown in Table 1 of this paragraph (g). If no failure or deterioration of the PM filtering performance could result in an engine ’ s PM emissions exceeding the applicable emissions thresholds, the OBD system must

detect a malfunction when no detectable amount of PM filtering occurs. As an alternative to a threshold monitor, the OBD system, on model year 2010 through 2012 engines only, can be designed to detect a malfunction based on a detectable decrease in the expected pressure drop across the DPF for a period of 5 seconds or more. The monitoring area for this alternative is determined using engine speed and load points defined in test cycles and procedures for the supplemental emissions test (SET) under § 86.1360

- 2007. The monitoring area shall include all engine speed and load points greater than a region bounded by a line connecting mode numbers 2, 6, 3, and 13 (i.e. A100, A75, B50, and C50). At engine speeds greater than “ speed C ” , the monitor shall run whenever engine load is grea ter than 50%. For purposes of this paragraph, the detectable change in pressure drop is determined by operating the engine at the B50 engine speed and load point (as described in the SET test procedures), observing the pressure drop on a clean,

nominal DPF , and multiplying the observed pressure drop by 0.5 or other factor supported by data and approved by the Administrator. The detectable change inRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 31 of 101 pressure drop shall be reported in units of kilopascals (kPa). At time of certification, manufacturers shall p rovide the detectable change in pressure drop value along with OBD data stream parameters recorded with a clean DPF under the following nine engine speed/load operating points of the SET: A50, A75, A100, B50, B75, B100, C50, C75, and C100. The OBD data str eam pararmeters to be reported are described in (k)(4)(ii) of this section and shall include the following: Engine speed; calculated load; air flow rate from mass air flow sensor (if so equipped); fuel rate; and DPF delta pressure.

( B) DPF regeneration fr equency. The OBD system must detect a malfunction when the DPF regeneration frequency increases from (i.e., occurs more often than) the manufacturer ’ s specified regeneration frequency to a level such that it would cause an engine ’ s NMHC emissions to exceed the emissions threshold for DPF systems as shown in Table 1 of this paragraph (g). If no such regeneration frequency exists that could cause NMHC emissions to exceed the applicable emission threshold, the OBD system must detect a malfunction when the DPF regeneration frequency exceeds the manufacturer ’ s specified design limits for allowable regeneration frequency.

( C) DPF incomplete regeneration. The OBD system must detect a regeneration malfunction when the DPF does not properly regenerate under manufact urer

defined conditions where regeneration is designed to occur.

( D) DPF missing substrate. The OBD system must detect a malfunction if either the DPF substrate is completely destroyed, removed, or missing, or if the DPF assembly has been replaced with a muffler or straight pipe.

( E) DPF system active/intrusive injection. For DPF systems that use active/intrusive injection (e.g., in

- cylinder post fuel injection, in

- exhaust air

assisted fuel injection) to achieve regeneration of the DPF, the OBD system mus t detect a malfunction if any failure or deterioration of the injection system ’ s ability to properly regulate injection causes the system to be unable to achieve regeneration of the DPF.

( F) DPF regeneration feedback control. See paragraph (i)(6) of this section.

( iii) DPF monitoring conditions. The manufacturer must define the monitoring conditions for malfunctions identified in paragraph (g)(8)(ii) of this section in accordance with paragraphs (c) and (d) of this section, with the exception that

monitor ing must occur every time the monitoring conditions are met during the drive cycle rather than once per drive cycle as required in paragraph (c)(2) of this section. For OBD systems designed to the alternative malfunction criteria of paragraph (g)(8)(ii)(A) of this section, the alternative DPF monitor shall run continuously whenever engine speed and load conditions are within the monitoring area described in paragraph (g)(8)(ii)(A). The OBD system may make a malfunction or potential malfunction determination during any successful monitoring event but shall include in the enable criteria of any subsequentRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 32 of 101 monitoring events a confirmed successful and complete DPF regeneration. The subsequent monitoring events must be conducted within an operating period that

en sures that the detected malfunction has not “ healed ” due to trapped particulates in the compromised portion of the DPF substrate. For purposes of tracking and reporting as required in paragraph (d)(1) of this section, all monitors used to detect

malfunctio ns identified in paragraph (g)(8)(ii) of this section must be tracked separately but reported as a single set of values as specified in paragraph (e)(1)(iii)

of this section.

( iv)DPF system MIL activation and DTC storage. The MIL must activate and DTCs

mu st be stored according to the provisions of paragraph (b) of this section.

( 9) Exhaust gas sens or and sensor heater monitoring

(i) General. The OBD system must monitor for proper output signal, activity, response rate, and any other parameter that can af fect emissions, all exhaust gas sensors (e.g., oxygen, air

- fuel ratio, NOx ) used for emission control system feedback (e.g., EGR control/feedback, SCR control/feedback, NOx adsorber control/feedback) and/or as a monitoring device. For engines equipped with heated exhaust gas sensors, the OBD system must monitor the heater for proper performance.

( ii) Malfunction criteria for air

- fuel ratio sensors located upstream of aftertreatment

devices

(A) Sensor performance. The OBD system must detect a malfunction p rior to any failure or deterioration of the sensor voltage, resistance, impedance, current, response rate, amplitude, offset, or other characteristic(s) that would cause an engine ’ s emissions to exceed the emissions thresholds for “ other monitors ” as shown in Table 1 of this paragraph (g).

( B) Circuit integrity. The OBD system must detect malfunctions of the sensor related to a lack of circuit continuity or signal out

- of

- range values.

( C) Feedback function. The OBD system must detect a malfunction of the sensor if the emission control system (e.g., EGR, SCR, or NOx adsorber) is unable to use that sensor as a feedback input (e.g., causes limp

- home or open

- loop operation).

( D) Monitoring function. To the extent feasible, the OBD system must detect a

malfunc tion of the sensor when the sensor output voltage, resistance, impedance, current, amplitude, activity, offset, or other characteristics are no longer sufficient for use as an OBD system monitoring device (e.g., for catalyst, EGR, SCR, or

NOx adsorber moni toring).

( iii) Malfunction criteria for air

- fuel ratio sensors located downs tream of

aftertreatment devicesRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 33 of 101 (A) Sensor performance. The OBD system must detect a malfunction prior to any failure or deterioration of the sensor voltage, resistance, impedanc e, current, response rate, amplitude, offset, or other characteristic(s) that would cause an engine ’ s emissions to exceed the emissions thresholds for air

- fuel ratio sensors downstream of aftertreatment devices as shown in Table 1 of this paragraph (g).

( B) Circuit integrity. The OBD system must detect malfunctions of the sensor related to a lack of circuit continuity or signal out

- of

- range values.

( C) Feedback function. The OBD system must detect a malfunction of the sensor if the emission control system (e.g., EGR, SCR, or NOx absorber) is unable to use that sensor as a feedback input (e.g., causes limp

- home or open

- loop operation).

( D) Monitoring function. To the extent feasible, the OBD system must detect a

malfunction of the sensor when the sensor ou tput voltage, resistance, impedance, current, amplitude, activity, offset, or other characteristics are no longer sufficient for use as an OBD system monitoring device (e.g., for catalyst, EGR, SCR, or

NOx absorber monitoring).

( iv) Malfunction criteria f or NOx sensors

(A) Sensor performance. The OBD system must detect a malfunction prior to any failure or deterioration of the sensor voltage, resistance, impedance, current, response rate, amplitude, offset, or other characteristic(s) that would cause an

e ngine ’ s emissions to exceed the emissions thresholds for NOx sensors as shown in Table 1 of this paragraph (g).

( B) Circuit integrity. The OBD system must detect malfunctions of the sensor related to a lack of circuit continuity or signal out

- of

- range val ues.

( C) Feedback function. The OBD system must detect a malfunction of the sensor if the emission control system (e.g., EGR, SCR, or NOx adsorber) is unable to use that sensor as a feedback input (e.g., causes limp

- home or open

- loop operation).

( D) Moni toring function. To the extent feasible, the OBD system must detect a malfunction of the sensor when the sensor output voltage, resistance, impedance, current, amplitude, activity, offset, or other characteristics are no longer sufficient

for use as an OBD system monitoring device (e.g., for catalyst, EGR, SCR, or

NOx adsorber monitoring).

( v) Malfunction criteria for other exhaust gas sensors. For other exhaust gas sensors, the manufacturer must submit a monitoring plan to the Administrator for approval. The plan must include data and/or engineering evaluations that demonstrate that the monitoring plan is as reliable and effective as the monitoring required in paragraphs (g)(9)(ii), (g)(9)(iii), (g)(9)(iv) of this section.

( vi) Malfunction criteria for ex haust gas sensor heaters.Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 34 of 101 (A) The OBD system must detect a malfunction of the heater performance when the current or voltage drop in the heater circuit is no longer within the

manufacturer ’ s specified limits for normal operation (i.e., within the criteria required to be met by the component vendor for heater circuit performance at high mileage). The manufacturer may use other malfunction criteria for heater performance malfunctions. To do so, the manufacturer must be able to

demonstrate via data and/or an engineering evaluation that the monitor is reliable

and robust.

( B) The OBD system must detect malfunctions of the heater circuit including open or short circuits that conflict with the commanded state of the heater (e.g.,

shorted to 12 Volts when command ed to 0 Volts (ground)).

( vii) Monitoring conditions for exhaust gas sensors.

(A) The manufacturer must define the monitoring conditions for malfunctions identified in paragraphs (g)(9)(ii)(A), (g)(9)(iii)(A), and (g)(9)(iv)(A) of this section (i.e., sen sor performance) in accordance with paragraphs (c) and (d) of this section. For purposes of tracking and reporting as required in paragraph (d)(1) of this section, all monitors used to detect malfunctions identified in paragraphs (g)(9)(ii)(A), (g)(9)(iii) (A), and (g)(9)(iv)(A) of this section must be tracked separately but reported as a single set of values as specified in paragraph (e)(1)(iii) of this section.

( B) The manufacturer must define the monitoring conditions for malfunctions identified in parag raphs (g)(9)(ii)(D), (g)(9)(iii)(D), and (g)(9)(iv)(D) of this section (i.e., monitoring function) in accordance with paragraphs (c) and (d) of this section with the exception that monitoring must occur every time the monitoring conditions are met during t he drive cycle rather than once per drive cycle as required in paragraph (c)(2) of this section.

( C) Except as provided for in paragraph (g)(9)(vii)(D) of this section, the OBD system must monitor continuously for malfunctions identified in paragraphs (g) (9)(ii)(B), (g)(9)(ii)(C), (g)(9)(iii)(B), (g)(9)(iii)(C), (g)(9)(iv)(B), (g)(9)(iv)(C) of this section (i.e., circuit integrity and feedback function).

( D) A manufacturer may request approval to disable continuous exhaust gas sensor monitoring when an ex haust gas sensor malfunction cannot be distinguished from other effects (e.g., disable monitoring for out

- of

- range on the low side during fuel cut conditions). To do so, the manufacturer must demonstrate via data and/or engineering analyses that a properly functioning sensor cannot be distinguished from a malfunctioning sensor and that the disablement interval is limited only to that necessary for avoiding false malfunction detection.

( viii) Monitoring conditions for exhaust gas sensor heatersRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 35 of 101 (A) The man ufacturer must define monitoring conditions for malfunctions identified in paragraph (g)(9)(vi)(A) of this section (i.e., sensor heater performance) in accordance with paragraphs (c) and (d) of this section.

( B) The OBD system must monitor continuously fo r malfunctions identified in paragraph (g)(9)(vi)(B) of this section (i.e., circuit malfunctions).

( ix) Exhaust gas sensor and sensor heater MIL activation and DTC storage. The MIL must activate and DTCs must be stored according to the provisions of

parag raph (b) of this section.

( 10) Variable Valve Timing (VVT) system monitoring

(i) General. The OBD system must monitor the VVT system on engines so equipped for target error and slow response malfunctions. The individual electronic components (e.g., actua tors, valves, sensors) that are used in the VVT system must be monitored in accordance with the comprehensive components requirements in paragraph (i)(3) of this section.

( ii) VVT system malfunction criteria

(A) VVT system target error. The OBD system mu st detect a malfunction prior to any failure or deterioration in the capability of the VVT system to achieve the commanded valve timing and/or control within a crank angle and/or lift tolerance that would cause an engine ’ s emissions to exceed the emission thresholds for

“ other monitors ” as shown in Table 1 of this paragraph (g).

( B) VVT slow response. The OBD system must detect a malfunction prior to any failure or deterioration in the capability of the VVT system to achieve the commanded valve timing and/ or control within a manufacturer

- specified time that would cause an engine ’ s emissions to exceed the emission thresholds for “ other

monitors ” as shown in Table 1 of this paragraph (g).

( C) For engines in which no failure or deterioration of the VVT system could result in an engine ’ s emissions exceeding the applicable emissions thresholds of paragraphs (g)(10)(ii)(A) and (g)(10)(ii)(B) of this section, the OBD system must detect a malfunction of the VVT system when proper functional response of the

system t o computer commands does not occur.

( iii) VVT system monitoring conditions. Manufacturers must define the monitoring conditions for VVT system malfunctions identified in paragraph (g)(10)(ii) of this section in accordance with paragraphs (c) and (d) of th is section, with the exception that monitoring must occur every time the monitoring conditions are met during the drive cycle rather than once per drive cycle as required in paragraph (c)(2) of this section. For purposes of tracking and reporting as requir ed in paragraph (d)(1) of this section, all monitors used to detect malfunctions identified in paragraphRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 36 of 101 (g)(10)(ii) of this section must be tracked separately but reported as a single set of values as specified in paragraph (e)(1)(iii) of this section.

( iv) VVT MIL activation and DTC storage. The MIL must activate and DTCs must be stored according to the provisions of paragraph (b) of this section.

( h) OBD monitoring requirements for gasoline

- fueled/spark

- ignition engines. The following table shows the t hresholds at which point certain components or systems, as specified in this paragraph (h), are considered malfunctioning.

( 1 ) Fuel system monitoring

(i) General. The OBD system must monitor the fuel delivery system to determine its ability to provide co mpliance with emission standards.

( ii) Fu el system malfunction criteria.

(A) The OBD system must detect a malfunction of the fuel delivery system (including feedback control based on a secondary oxygen sensor) when the fuel delivery system is unable to m aintain an engine ’ s emissions at or below the

emissions thresholds for “ other monitors ” as shown in Table 2 of this paragraph (h).

Table 2

– OBD Emissions Thresholds for Gasoline

- Fueled/Spark

- Ignition Engines Meant for Placement in Applications Greater T han 14,000 Pounds GVWR (g/bhp

- hr)

Notes: 1.75x std means a multiple of 1.75 times the applicable emissions standard; these emissions thresholds apply to the monitoring requirements of paragraph (h) of this section; The evaporative emissions control sys tem threshold is not, technically, an emissions threshold but rather a leak size that must be detected; nonetheless, for ease we refer to this as the threshold.

( B) Except as provided for in paragraph (h)(1)(ii)(C) of this section, if the engine

is e quipped with adaptive feedback control, the OBD system must detect a malfunction when the adaptive feedback control has used up all of the adjustment allowed by the manufacturer.

( C) If the engine is equipped with feedback control that is based on a seco ndary oxygen (or equivalent) sensor, the OBD system is not required to detect a malfunction of the fuel system solely when the feedback control based on aRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 37 of 101 secondary oxygen sensor has used up all of the adjustment allowed by the manufacturer. However, if a failure or deterioration results in engine emissions

that exceed the emissions thresholds for “ other monitors ” as shown in Table 2 of this paragraph (h), the OBD system is required to detect a malfunction.

( D) The OBD system must detect a malfunction when ever the fuel control system fails to enter closed loop operation following engine start within a manufacturer specified time interval. The specified time interval must be supported by data and/or engineering analyses submitted by the manufacturer.

( E) Th e manufacturer may adjust the malfunction criteria and/or monitoring conditions to compensate for changes in altitude, for temporary introduction of large amounts of purge vapor, or for other similar identifiable operating

conditions when such conditions o ccur.

( iii) Fuel system monitoring conditions. The fuel system must be monitored continuously for the presence of a malfunction.

( iv) Fuel system MIL activation and DTC storage.

(A) A pending DTC must be stored immediately upon the fuel system exceeding the malfunction criteria established in paragraph (h)(1)(ii) of this section.

( B) Except as provided for in paragraph (h)(1)(iv)(C) of this section, if a pending DTC is stored, the OBD system must activate the MIL immediately and store a

MIL

- on DTC if a malfunction is again detected during either the drive cycle immediately following storage of the pending DTC regardless of the conditions encountered during that drive cycle, or on the next drive cycle in which similar

conditions are encountered to those t hat occurred when the pending DTC was stored. Similar conditions means engine conditions having an engine speed within 375 rpm, load conditions within 20 percent, and the same warm

- up status (i.e., cold or hot) as the engine conditions stored pursuant to p aragraph (h)(1)(iv)(E) of this section. Other definitions of similar conditions may be used but must result in comparable timeliness and reliability in detecting similar engine operation.

( C) The pending DTC may be erased at the end of the next drive cycl e in which similar conditions have been encountered without having again exceeded the specified fuel system malfunction criteria. The pending DTC may also be erased if similar conditions are not encountered during the 80 drive cycles immediately following detection of the potential malfunction for which the pending DTC was

stored.

( D) Storage of freeze frame conditions. The OBD system must store and erase freeze frame conditions either in conjunction with storing and erasing a pending DTC or in conjunction with storing and erasing a MIL

- on DTC. Freeze frame information associated with a fuel system malfunction shall be stored inRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 38 of 101 preference to freeze frame information required elsewhere in paragraphs (h) or (i)

of this section.

( E) Storage of fuel system co nditions for determining similar conditions of operation. The OBD must store the engine speed, load, and warm

- up status present at the time it first detects a potential malfunction meeting the criteria of paragraph (h)(1)(ii) of this section and stores a p ending DTC.

( F) Deactivating the MIL. The MIL may be extinguished after three sequential driving cycles in which similar conditions have been encountered without detecting a malfunction of the fuel system.

( 2) Engine misfire monitoring

(i) General.

(A) The OBD system must monitor the engine for misfire causing catalyst damage and misfire causing excess emissions.

( B) The OBD system must identify the specific cylinder that is misfiring. The manufacturer may store a general misfire DTC instead of a cylin der specific DTC under certain operating conditions. To do so, the manufacturer must submit data and/or engineering analyses that demonstrate that the misfiring cylinder cannot be identified reliably when the conditions occur.

( C) If more than one cylinde r is misfiring, a separate DTC must be stored to indicate that multiple cylinders are misfiring unless otherwise allowed by this paragraph (h)(2). When identifying multiple cylinder misfire, the OBD system is not required to also identify using separate DT Cs each of the misfiring cylinders individually. If more than 90 percent of the detected misfires occur in a single cylinder, an appropriate DTC may be stored that indicates the specific misfiring cylinder rather than storing the multiple cylinder misfire DTC. If two or more cylinders individually have more than 10 percent of the total number of detected misfires, a multiple cylinder DTC must be stored.

( ii) Engi ne misfire malfunction criteria

(A) Misfire causing catalyst damage. The manufacturer must det ermine the percentage of misfire evaluated in 200 revolution increments for each engine speed and load condition that would result in a temperature that causes catalyst damage. If this percentage of misfire is exceeded, it shall be considered a

malfunction that must be detected. For every engine speed and load condition for which this percentage of misfire is determined to be lower than five percent, the manufacturer may set the malfunction criteria at five percent. The manufacturer may use a longer interva l than 200 revolutions but only for determining, on a given drive cycle, the first misfire exceedance as provided in paragraph (h)(2)(iv)(A) of this section. To do so, the manufacturer must demonstrate that theRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 39 of 101 interval is not so long that catalyst damage would occur prior to the interval being elapsed.

( B) Misfire causing emissions to exceed the applicable thresholds. The manufacturer must determine the percentage of misfire evaluated in 1000

revolution increments that would cause emissions from an emissi ons durability demonstration engine to exceed the emissions thresholds for “ other monitors ” as shown in Table 2 of this paragraph (h) if that percentage of misfire were present from the beginning of the test. If this percentage of misfire is exceeded, rega rdless of the pattern of misfire events (e.g., random, equally spaced, continuous), it shall be considered a malfunction that must be detected. To establish this percentage of misfire, the manufacturer must use misfire events occurring at equally spaced,

c omplete engine cycle intervals, across randomly selected cylinders throughout

each 1000

- revolution increment. If this percentage of misfire is determined to be lower than one percent, the manufacturer may set the malfunction criteria at one percent. The ma nufacturer may use a longer interval than 1000 revolutions. To do so, the manufacturer must demonstrate that the strategy would be equally effective and timely at detecting misfire.

( iii) Engine misfire monitoring conditions.

(A) The OBD system must moni tor continuously for misfire under the following

conditions: from no later than the end of the second crankshaft revolution after engine start; during the rise time and settling time for engine speed to reach the desired idle engine speed at engine start

- u p (i.e., “ flare

- up ” and “ flare

- down ” ); and, under all positive torque engine speeds and load conditions except within the engine operating region bound by the positive torque line (i.e., engine load with the transmission in neutral), and the points represe nted by an engine speed of 3000 rpm with the engine load at the positive torque line and the redline engine speed with the engine ’ s manifold vacuum at four inches of mercury lower than that at the positive torque line. For this purpose, redline engine spee d is defined as either the recommended maximum engine speed as displayed on the instrument panel tachometer, or the engine speed at which fuel shutoff occurs.

( B) If an OBD monitor cannot detect all misfire patterns under all required engine speed and loa d conditions as required by paragraph (h)(2)(iii)(A) of this section, the OBD system may still be acceptable. The Administrator will evaluate the following factors in making a determination: The magnitude of the region(s) in

which misfire detection is limi ted; the degree to which misfire detection is limited in the region(s) (i.e., the probability of detection of misfire events); the frequency with which said region(s) are expected to be encountered in

- use; the type of misfire patterns for which misfire det ection is troublesome; and demonstration that the monitoring technology employed is not inherently incapable of detecting misfire under the required conditions (i.e., compliance can be achieved on other engines). The evaluation will be based on the followi ng misfire patterns: equally spaced misfire occurring on randomly selected cylinders; single cylinderRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 40 of 101 continuous misfire; and paired cylinder (cylinders firing at the same crank angle)

continuous misfire.

( C) The manufacturer may use monitoring system tha t has reduced misfire detection capability during the portion of the first 1000 revolutions after engine start that a cold start emission reduction strategy is active that reduces engine torque (e.g., spark retard strategies). To do so, the manufacturer mu st demonstrate that the probability of detection is greater than or equal to 75 percent during the worst case condition (i.e., lowest generated torque) for a vehicle operated continuously at idle (park/neutral idle) on a cold start between 50 and 86 degree s Fahrenheit and that the technology cannot reliably detect a higher percentage of the misfire events during the conditions.

( D) The manufacturer may disable misfire monitoring or use an alternative malfunction criterion when misfire cannot be distinguish ed from other effects. To do so, the manufacturer must demonstrate that the disablement interval or the period of use of an alternative malfunction criterion is limited only to that necessary for avoiding false detection and for one or more of the followin g operating conditions: Rough road; fuel cut; gear changes for manual transmission vehicles; traction control or other vehicle stability control activation such as anti

lock braking or other engine torque modifications to enhance vehicle stability;

off

- boa rd control or intrusive activation of vehicle components or monitors during service or assembly plant testing; portions of intrusive evaporative system or EGR monitors that can significantly affect engine stability (i.e., while the purge valve is open duri ng the vacuum pull

- down of an evaporative system leak check but not while the purge valve is closed and the evaporative system is sealed or while an EGR monitor causes the EGR valve to be cycled intrusively on and off during positive torque conditions); or , engine speed, load, or torque transients due to throttle movements more rapid than those that occur over the FTP cycle for the worst case engine within each engine family. In general, the Administrator will not approve disablement for conditions involvin g normal air conditioning compressor cycling from on

- to

- off or off

- to

- on, automatic transmission gear shifts (except for shifts occurring during wide open throttle operation), transitions from

idle to off

- idle, normal engine speed or load changes that occu r during the engine speed rise time and settling time (i.e., “ flare

- up ” and “ flare

- down ” ) immediately after engine starting without any vehicle operator

- induced actions (e.g., throttle stabs), or excess acceleration (except for acceleration rates that exce ed the maximum acceleration rate obtainable at wide open throttle while the vehicle is in gear due to abnormal conditions such as slipping of a clutch). The Administrator may approve misfire monitoring disablement or use of an alternate malfunction

criteri on for any other condition on a case by case basis upon determining that the manufacturer has demonstrated that the request is based on an unusual or unforeseen circumstance and that it is applying the best available computer and monitoring technology.

( E ) For engines with more than eight cylinders that cannot meet the requirements of paragraph (h)(2)(iii)(A) of this section, a manufacturer may use alternativeRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 41 of 101 misfire monitoring conditions. Such use must be based on data and/or an engineering evaluation su bmitted by the manufacturer that demonstrate that misfire detection throughout the required operating region cannot be achieved when employing proven monitoring technology (i.e., a technology that provides for compliance with these requirements on other en gines) and provided misfire is detected to the fullest extent permitted by the technology. However, the misfire detection system must still monitor during all positive torque operating conditions encountered during an FTP cycle.

( iv) MIL activation and DT C storage for engine misfire causing catalyst damage

(A) Pending DTCs. A pending DTC must be stored immediately if, during a single drive cycle, the specified misfire percentage described in paragraph (h)(2)(ii)(A) of this section is exceeded three times when operating in the positive torque region encountered during a FTP cycle or is exceeded on a single occasion when operating at any other engine speed and load condition in the positive torque region defined in paragraph (h)(2)(iii)(A) of this section. I mmediately after a pending DTC is stored pursuant to this paragraph, the MIL must blink once per second at all times during the drive cycle that engine misfire is occurring. The MIL may be deactivated during those times that misfire is not occurring. If, a t the time that a catalyst damaging misfire malfunction occurs, the MIL is already activated for a malfunction other than misfire, the MIL must still blink once per second at all times during the drive cycle that engine misfire is occurring. If

misfire cea ses, the MIL must stop blinking but remain activated as appropriate in

accordance with the other malfunction.

( B) MIL

- on DTCs. If a pending DTC is stored in accordance with paragraph (h)(2)(iv)(A) of this section, the OBD system must immediately store a M IL

- on DTC if the percentage of misfire described in paragraph (h)(2)(ii)(A) of this section is again exceeded one or more times during either the drive cycle immediately following storage of the pending DTC, regardless of the conditions encountered during that drive cycle, or on the next drive cycle in which similar conditions are encountered to those that occurred when the pending DTC was stored. If, during a previous drive cycle, a pending DTC is stored in accordance with paragraph (h)(2)(iv)(A) of this s ection, a MIL

- on DTC must be stored immediately upon exceeding the percentage misfire described in paragraph (h)(2)(ii)(A) of this section regardless of the conditions encountered. Upon storage of a MIL

- on DTC, the MIL must blink once per second at all tim es during the drive cycle that engine misfire is occurring. If misfire ceases, the MIL must stop blinking but remain activated until the conditions are met for extinguishing

the MIL.

( C) Erasure of pending DTCs. Pending DTCs stored in accordance with para graph (h)(2)(iv)(A) of this section must be erased at the end of the next drive cycle in which similar conditions are encountered to those that occurred when the pending DTC was stored provided no exceedances have been detected of the misfire percentage de scribed in paragraph (h)(2)(ii)(A) of this section. The pending DTCRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 42 of 101 may also be erased if similar conditions are not encountered during the next 80 drive cycles immediately following storage of the pending DTC.

( D) Exemptions for engines with fuel shutoff and default fuel control. In engines that provide for fuel shutoff and default fuel control to prevent over fueling during catalyst damaging misfire conditions, the MIL need not blink as required by paragraphs (h)(2)(iv)(A) and (h)(2)(iv)(B) of this secti on. Instead, the MIL may be activated continuously upon misfire detection provided that the fuel shutoff and default fuel control are activated immediately upon misfire detection. Fuel shutoff and default fuel control may be deactivated only when the engin e is outside of the misfire range except that the manufacturer may periodically, but not more than once every 30 seconds, deactivate fuel shutoff and default fuel control to determine if the catalyst damaging misfire is still occurring. Normal fueling

and fuel control may be resumed if the catalyst damaging misfire is no longer occurring.

( E) The manufacturer may use a strategy that activates the MIL continuously rather than blinking the MIL during extreme catalyst damage misfire conditions (i.e., catalyst damage misfire occurring at all engine speeds and loads). Use of such a strategy must be limited to catalyst damage misfire levels that cannot be avoided during reasonable driving conditions. To use such a strategy, the

manufacturer must be able to demons trate that the strategy will encourage operation of the vehicle in conditions that will minimize catalyst damage (e.g., at low engine speeds and loads).

( v) MIL activation and DTC storage for engine misfire causing emissions to exceed

a pplicable emissions thresholds.

(A) Immediately upon detection, during the first 1000 revolutions after engine start of the misfire percentage described in paragraph (h)(2)(ii)(B) of this section, a pending DTC must be stored. If such a pending DTC is stored already and

ano ther such exceedance of the misfire percentage is detected within the first 1000 revolutions after engine start on any subsequent drive cycle, the MIL must

activate and a MIL

- on DTC must be stored. The pending DTC may be erased if,

at the end of the next d rive cycle in which similar conditions are encountered to those that occurred when the pending DTC was stored, there has been no exceedance of the misfire percentage described in paragraph (h)(2)(ii)(B) of this section. The pending DTC may also be erased i f similar conditions are not encountered during the next 80 drive cycles immediately following storage of the pending DTC.

( B) No later than the fourth detection during a single drive cycle, following the first 1000 revolutions after engine start of the m isfire percentage described in paragraph (h)(2)(ii)(B) of this section, a pending DTC must be stored. If such a pending DTC is stored already, then the MIL must activate and a MIL

- on DTC

must be stored within 10 seconds of the fourth detection of the misfi re percentage described in paragraph (h)(2)(ii)(B) of this section during either the drive cycleRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 43 of 101 immediately following storage of the pending DTC, regardless of the conditions encountered during that drive cycle excepting those conditions within the first 1000 revolutions after engine start, or on the next drive cycle in which similar conditions are encountered to those that occurred when the pending DTC was stored excepting those conditions within the first 1000 revolutions after engine start. The pending DTC may be erased if, at the end of the next drive cycle in which similar conditions are encountered to those that occurred when the pending DTC was stored, there has been no exceedance of the misfire percentage described in paragraph (h)(2)(ii)(B) of this section. The pending DTC may also be erased if similar conditions are not encountered during the next 80 drive cycles immediately following storage of the pending DTC.

( vi) Storage of freeze frame conditions for engine misfire.

(A) The OBD system must s tore and erase freeze frame conditions (as defined in paragraph (k)(4)(iii) of this section) either in conjunction with storing and erasing a pending DTC or in conjunction with storing and erasing a MIL

- on DTC.

( B) If, upon storage of a DTC as required by paragraphs (h)(2)(iv) and (h)(2)(v) of this section, there already exist stored freeze frame conditions for a malfunction other than a misfire or fuel system malfunction (see paragraph (h)(1) of this section) then the stored freeze frame information shall be replaced with

freeze frame information associated with the misfire malfunction.

( vii) Storage of engine conditions in association with engine misfire. Upon detection of the misfire percentages described in paragraphs (h)(2)(ii)(A) and (h)(2)(ii)(B) of this section, the following engine conditions must be stored for use in determining similar conditions: Engine speed, load, and warm up status of the first misfire event that resulted in pending DTC storage.

( viii) MIL deactivation in association with en gine misfire. The MIL may be deactivated after three sequential drive cycles in which similar conditions have been encountered without an exceedance of the misfire percentages described in paragraphs (h)(2)(ii)(A) and (h)(2)(ii)(B) of this section.

( 3) Ex haust gas recirculation system monitoring

(i) General. The OBD system must monitor the EGR system on engines so equipped for low and high flow rate malfunctions. The individual electronic components (e.g., actuators, valves, sensors) that are used in the EGR system must be monitored in accordance with the comprehensive component requirements in paragraph (i)(3) of this section.

( ii) E GR system malfunction criteria.

(A) The OBD system must detect a malfunction of the EGR system prior to a

decrease from th e manufacturer ’ s specified EGR flow rate that would cause anRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 44 of 101 engine ’ s emissions to exceed the emissions thresholds for “ other monitors ” as shown in Table 2 of this paragraph (h). For engines in which no failure or deterioration of the EGR system that cause s a decrease in flow could result in an engine ’ s emissions exceeding the applicable emissions thresholds, the OBD system must detect a malfunction when the system has no detectable amount of

EGR flow.

( B) The OBD system must detect a malfunction of the EG R system prior to an

increase from the manufacturer ’ s specified EGR flow rate that would cause an engine ’ s emissions to exceed the emissions thresholds for “ other monitors ” as shown in Table 2 of this paragraph (h). For engines in which no failure or

deter ioration of the EGR system that causes an increase in flow could result in an engine ’ s emissions exceeding the applicable emissions thresholds, the OBD system must detect a malfunction when the system has reached its control limits

such that it cannot redu ce EGR flow.

( iii) EG R system monitoring conditions.

(A) The manufacturer must define the monitoring conditions for malfunctions identified in paragraph (h)(3)(ii) of this section in accordance with paragraphs (c) and (d) of this section. For purposes of tracking and reporting as required by paragraph (d)(1) of this section, all monitors used to detect malfunctions identified in paragraph (h)(3)(ii) of this section must be tracked separately but reported as a single set of values as specified in paragraph (e)(1)(iii) of this

section.

( B) The manufacturer may disable temporarily the EGR monitor under conditions when monitoring may not be reliable (e.g., when freezing may affect performance of the system). To do so, the manufacturer must be able to demonstr ate that the

monitor is unreliable when such conditions exist.

( iv) EGR system MIL activation and DTC storage. The MIL must activate and DTCs must be stored according to the provisions of paragraph (b) of this section.

( 4) Cold start emission reduction s trategy monitoring

(i) General. If an engine incorporates a specific engine control strategy to reduce cold start emissions, the OBD system must monitor the key components (e.g., idle air control valve), other than secondary air, while the control strateg y is active to ensure proper operation of the control strategy.

( ii) Cold start strategy malfunction criteria.

(A) The OBD system must detect a malfunction prior to any failure or deterioration of the individual components associated with the cold start emission reduction control strategy that would cause an engine ’ s emissions to exceed the

emissions thresholds for “ other monitors ” as shown in Table 2 of this paragraphRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 45 of 101 (h). The manufacturer must establish the malfunction criteria based on data from

one or more representative engine(s) and provide an engineering evaluation for establishing the malfunction criteria for the remainder of the manufacturer ’ s product line.

( B) Where no failure or deterioration of a component used for the cold start

emission redu ction strategy could result in an engine ’ s emissions exceeding the applicable emissions thresholds, the individual component must be monitored for proper functional response while the control strategy is active in accordance with

the malfunction criteria i n paragraphs (i)(3)(ii) and (i)(3)(iii) of this section.

( iii) Cold start strategy monitoring conditions. The manufacturer must define monitoring conditions for malfunctions identified in paragraph (h)(4)(ii) of this section in accordance with paragraphs (c) and (d) of this section.

( iv) Cold start strategy MIL activation and DTC storage. The MIL must activate and DTCs must be stored according to the provisions of paragraph (b) of this

section.

( 5) Secondary air system monitoring

(i) General. The OBD sy stem on engines equipped with any form of secondary air delivery system must monitor the proper functioning of the secondary air delivery system including all air switching valve(s). The individual electronic components (e.g., actuators, valves, sensors) t hat are used in the secondary air system must be monitored in accordance with the comprehensive component requirements in paragraph (i)(3) of this section. For purposes of this paragraph (h)(5), “ air flow ” is defined as the air flow delivered by the second ary air system to the exhaust system. For engines using secondary air systems with multiple air flow paths/distribution points, the air flow to each bank (i.e., a group of cylinders that share a common exhaust manifold, catalyst, and control sensor) must b e monitored in accordance with the malfunction criteria in paragraph (h)(5)(ii) of this section. Also for purposes of this paragraph (h)(5), “ normal operation ” is defined as the condition when the secondary air system is activated during catalyst and/or en gine warm

- up following engine start. “ Normal operation ” does not include the condition when the secondary air system is turned on intrusively for the sole purpose of monitoring.

( ii) Secondary a ir system malfunction criteria.

(A) Except as provided in pa ragraph (h)(5)(ii)(C) of this section, the OBD system must detect a secondary air system malfunction prior to a decrease from the

manufacturer ’ s specified air flow during normal operation that would cause an engine ’ s emissions to exceed the emissions thres holds for “ other monitors ” as shown in Table 2 of this paragraph (h).

( B) Except as provided in paragraph (h)(5)(ii)(C) of this section, the OBD system must detect a secondary air system malfunction prior to an increase from theRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 46 of 101 manufacturer ’ s specified a ir flow during normal operation that would cause an engine ’ s emissions to exceed the emissions thresholds for “ other monitors ” as shown in Table 2 of this paragraph (h).

( C) For engines in which no deterioration or failure of the secondary air system

woul d result in an engine ’ s emissions exceeding the applicable emissions thresholds, the OBD system must detect a malfunction when no detectable amount of air flow is delivered by the secondary air system during normal operation.

( iii) Secondary air syste m monitoring conditions. The manufacturer must define monitoring conditions for malfunctions identified in paragraph (h)(5)(ii) of this section in accordance with paragraphs (c) and (d) of this section. For purposes of tracking and reporting as required by paragraph (d)(1) of this section, all monitors used to detect malfunctions identified in paragraph (h)(5)(ii) of this section must be tracked separately but reported as a single set of values as specified in paragraph (e)(1)(iii) of this section.

( iv) Se condary air system MIL activation and DTC storage. The MIL must activate and DTCs must be stored according to the provisions of paragraph (b) of this

section.

( 6) Catalyst system monitoring

(i) General. The OBD system must monitor the catalyst system for proper conversion capability.

( ii) Catalyst system malfunction criteria. The OBD system must detect a catalyst system malfunction when the catalyst system ’ s conversion capability decreases to the point that emissions exceed the emissions thresholds for t he catalyst system as shown in Table 2 of this paragraph (h).

( iii) Catalyst system monitoring conditions. The manufacturer must define monitoring conditions for malfunctions identified in paragraph (h)(6)(ii) of this section in accordance with paragraphs (c) and (d) of this section. For purposes of tracking and reporting as required by paragraph (d)(1) of this section, all monitors used to detect malfunctions identified in paragraph (h)(6)(ii) of this section must be tracked separately but reported as a s ingle set of values as specified in paragraph (e)(1)(iii) of this section.

( iv) Catalyst system MIL activation and DTC storage.

(A) The MIL must activate and DTCs must be stored according to the provisions of paragraph (b) of this section.

( B) The monit oring method for the catalyst system must be capable of detecting when a catalyst DTC has been erased (except OBD system self erasure), but theRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 47 of 101 catalyst has not been replaced (e.g., catalyst overtemperature histogram approaches are not acceptable).

( 7 ) Ev aporative system monitoring

(i) General. The OBD system must verify purge flow from the evaporative system and monitor the complete evaporative system, excluding the tubing and connections between the purge valve and the intake manifold, for vapor leaks t o the atmosphere. Individual components of the evaporative system (e.g. valves, sensors) must be monitored in accordance with the comprehensive components requirements in paragraph (i)(3) of this section.

( ii) Evaporative system malfunctio n criteria

(A) Purge monitor. The OBD system must detect an evaporative system malfunction when no purge flow from the evaporative system to the engine can be detected by the OBD system.

( B) Leak monitor. The OBD system must detect an evaporative system

malfunction when the complete evaporative system contains a leak or leaks that cumulatively are greater than or equal to a leak caused by a 0.150 inch diameter

hole.

( C) The manufacturer may demonstrate that detection of a larger hole is more appropriate than that specif ied in paragraph (h)(7)(ii)(B) of this section. To do so, the manufacturer must demonstrate through data and/or engineering analyses that holes smaller than the proposed detection size would not result in evaporative or running loss emissions that exceed 1 .5 times the applicable evaporative emissions standards. Upon such a demonstration, the proposed detection size could be substituted for the requirement of paragraph (h)(7)(ii)(B) of this section.

( iii) Evaporative system monitoring conditi ons.

(A) The m anufacturer must define monitoring conditions for malfunctions identified in paragraph (h)(7)(ii)(A) of this section in accordance with paragraphs (c) and (d) of this section.

( B) The manufacturer must define monitoring conditions for malfunctions

identif ied in paragraph (h)(7)(ii)(B) of this section in accordance with paragraphs (c) and (d) of this section. For purposes of tracking and reporting as required by paragraph (d)(1) of this section, all monitors used to detect malfunctions identified in paragra ph (h)(7)(ii)(B) of this section must be tracked separately but reported as a single set of values as specified in paragraph (e)(1)(iii) of this

section.Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 48 of 101 ( C) The manufacturer may disable or abort an evaporative system monitor when

the fuel tank level is o ver 85 percent of nominal tank capacity or during a refueling event.

( D) The manufacturer may request Administrator approval to run the evaporative system monitor during only those drive cycles characterized as cold starts provided such a condition is nee ded to ensure reliable monitoring. In making the request, the manufacturer must demonstrate through data and/or engineering analyses that a reliable monitor can only be run on drive cycles that begin with a specific set of cold start criteria. A set of col d start criteria based solely on ambient temperature exceeding engine coolant temperature will not be acceptable.

( E) The OBD system may disable temporarily the evaporative purge system to run an evaporative system leak monitor.

( iv) Evaporative system M IL activation and DTC storage.

(A) Except as provided for in paragraph (h)(7)(iv)(B) of this section, the MIL must activate and DTCs must be stored according to the provisions of paragraph (b) of this section.

( B) If the OBD system is capable of discerni ng that a system leak is being caused by a missing or improperly secured gas cap, the OBD system need not activate the MIL or store a DTC provided the vehicle is equipped with an alternative indicator for notifying the operator of the gas cap problem. The alternative indicator must be of sufficient illumination and location to be readily visible under all lighting conditions. If the vehicle is not equipped with such an alternative indicator, the MIL must activate and a DTC be stored as required in paragraph (h)(7)(iv)(A) of this section; however, these may be deactivated and erased, respectively, if the OBD system determines that the gas cap problem has been corrected and the MIL has not been activated for any other malfunction. The Administrator may approve other strategies that provide equivalent assurance that a vehicle operator will be notified promptly of a missing or improperly secured gas cap and that corrective

action will be undertaken.

( 8 ) Exhaust gas sensor monitoring

(i) General.

(A) The OBD sy stem must monitor for malfunctions the output signal, response rate, and any other parameter that can affect emissions of all primary (i.e., fuel control) exhaust gas sensors (e.g., oxygen, wide

- range air/fuel). Both the lean

- to

rich and rich

- to

- lean respo nse rates must be monitored.

( B) The OBD system must also monitor all secondary exhaust gas sensors (those used for secondary fuel trim control or as a monitoring device) for proper output signal, activity, and response rate.Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 49 of 101 ( C) For engines equipped wit h heated exhaust gas sensor, the OBD system must monitor the heater for proper performance.

( ii) Primary exhaust g as sensor malfunction criteria.

(A) The OBD system must detect a malfunction prior to any failure or deterioration of the exhaust gas sensor output voltage, resistance, impedance, current, response rate, amplitude, offset, or other characteristic(s) (including drift or bias corrected for by secondary sensors) that would cause an engine ’ s emissions to exceed the emissions thresholds for “ other monitors ” as shown in Table 2 of this paragraph (h).

( B) The OBD system must detect malfunctions of the exhaust gas sensor caused by either a lack of circuit continuity or out

- of

- range values.

( C) The OBD system must detect a malfunction of the exhaust g as sensor when a sensor failure or deterioration causes the fuel system to stop using that sensor as a feedback input (e.g., causes default or open

- loop operation).

( D) The OBD system must detect a malfunction of the exhaust gas sensor when

the sensor out put voltage, resistance, impedance, current, amplitude, activity, or other characteristics are no longer sufficient for use as an OBD system monitoring device (e.g., for catalyst monitoring).

( iii) Secondary exhaust gas sensor malfunction crite ria.

(A) T he OBD system must detect a malfunction prior to any failure or deterioration of the exhaust gas sensor voltage, resistance, impedance, current, response rate, amplitude, offset, or other characteristic(s) that would cause an engine ’ s emissions to exceed t he emissions thresholds for “ other monitors ” as shown in Table 2 of this paragraph (h).

( B) The OBD system must detect malfunctions of the exhaust gas sensor caused by a lack of circuit continuity.

( C) To the extent feasible, the OBD system must detect a malfunction of the exhaust gas sensor when the sensor output voltage, resistance, impedance, current, amplitude, activity, offset, or other characteristics are no longer sufficient for use as an OBD system monitoring device (e.g., for catalyst monitoring)

.

( D) The OBD system must detect malfunctions of the exhaust gas sensor caused by out

- of

- range values.

( E) The OBD system must detect a malfunction of the exhaust gas sensor when a sensor failure or deterioration causes the fuel system (e.g., fuel contro l) to stop using that sensor as a feedback input (e.g., causes default or open

- loop operation).Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 50 of 101 ( iv) Exhaust gas sens or heater malfunction criteria.

(A) The OBD system must detect a malfunction of the heater performance when the current or voltage drop i n the heater circuit is no longer within the

manufacturer ’ s specified limits for normal operation (i.e., within the criteria required to be met by the component vendor for heater circuit performance at high mileage). Other malfunction criteria for heater p erformance malfunctions may be used upon demonstrating via data or engineering analyses that the monitoring reliability and timeliness is equivalent to the stated criteria in this paragraph (h)(8)(iv)(A).

( B) The OBD system must detect malfunctions of the heater circuit including open or short circuits that conflict with the commanded state of the heater (e.g., shorted to 12 Volts when commanded to 0 Volts (ground)).

( v) Primary exhaust gas sensor monitoring conditions.

(A) The manufacturer must define m onitoring conditions for malfunctions identified in paragraphs (h)(8)(ii)(A) and (h)(8)(ii)(D) of this section in accordance with paragraphs (c) and (d) of this section. For purposes of tracking and reporting as required by paragraph (d)(1) of this section , all monitors used to detect malfunctions identified in paragraphs (h)(8)(ii)(A) and (h)(8)(ii)(D) of this section must be tracked separately but reported as a single set of values as specified in paragraph (e)(1)(iii) of this section.

( B) Except as prov ided for in paragraph (h)(8)(v)(C) of this section, monitoring for malfunctions identified in paragraphs (h)(8)(ii)(B) and (h)(8)(ii)(C) of this section must be conducted continuously.

( C) The manufacturer may disable continuous primary exhaust gas sensor monitoring when a primary exhaust gas sensor malfunction cannot be distinguished from other effects (e.g., disable out

- of

- range low monitoring during fuel cut conditions). To do so, the manufacturer must demonstrate via data or engineering analyses that a properly functioning sensor cannot be distinguished from a malfunctioning sensor and that the disablement interval is limited only to that necessary for avoiding false detection.

( vi) Secondary exhaust gas sensor monitoring conditions.

(A) The manufactu rer must define monitoring conditions for malfunctions identified in paragraphs (h)(8)(iii)(A) through (h)(8)(iii)(C) of this section in accordance with paragraphs (c) and (d) of this section.

( B) Except as provided for in paragraph (h)(8)(vi)(C) of this section, monitoring for malfunctions identified in paragraphs (h)(8)(iii)(D) and (h)(8)(iii)(E) of this section must be conducted continuously.Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 51 of 101 ( C) The manufacturer may disable continuous secondary exhaust gas sensor monitoring when a secondary exhaust ga s sensor malfunction cannot be distinguished from other effects (e.g., disable out

- of

- range low monitoring during fuel cut conditions). To do so, the manufacturer must demonstrate via data or engineering analyses that a properly functioning sensor cannot b e distinguished from a malfunctioning sensor and that the disablement interval is limited only to that necessary for avoiding false detection.

( vii) Exhaust gas senso r heater monitoring conditions.

(A) The manufacturer must define monitoring conditions f or malfunctions identified in paragraph (h)(8)(iv)(A) of this section in accordance with paragraphs (c) and (d) of this section.

( B) Monitoring for malfunctions identified in paragraph (h)(8)(iv)(B) of this section must be conducted continuously.

( viii) Exhaust gas sensor MIL activation and DTC storage. The MIL must activate and DTCs must be stored according to the provisions of paragraph (b) of this

section.

( 9) Variable valve timing (VVT) system monitoring \

(i) General. The OBD system must monitor the VVT system on engines so equipped for target error and slow response malfunctions. The individual electronic components (e.g., actuators, valves, sensors) that are used in the VVT system must be monitored in accordance with the comprehensive components re quirements in paragraph (i)(3).

( ii) VVT system malfunction criteria

(A) VVT system target error. The OBD system must detect a malfunction prior to any failure or deterioration in the capability of the VVT system to achieve the commanded valve timing and /or control within a crank angle and/or lift tolerance that would cause an engine ’ s emissions to exceed the emission thresholds for

“ other monitors ” as shown in Table 2 of this paragraph (h).

( B) VVT slow response. The OBD system must detect a malfunction prior to any failure or deterioration in the capability of the VVT system to achieve the commanded valve timing and/or control within a manufacturer

- specified time that would cause an engine ’ s emissions to exceed the emission thresholds for “ other

monitor s ” as shown in Table 2 of this paragraph (h).

( C) For engines in which no failure or deterioration of the VVT system could result in an engine ’ s emissions exceeding the applicable emissions thresholds of paragraphs (h)(9)(ii)(A) and (h)(9)(ii)(B) of this section, the OBD system mustRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 52 of 101 detect a malfunction of the VVT system when proper functional response of the system to computer commands does not occur.

( iii) VVT system monitoring conditions. Manufacturers must define the monitoring conditions for VVT syst em malfunctions identified in paragraph (h)(9)(ii) in accordance with paragraphs (c) and (d) of this section, with the exception that monitoring must occur every time the monitoring conditions are met during the drive cycle rather than once per drive cycle as required in paragraph (c)(2) of this section. For purposes of tracking and reporting as required in paragraph (d)(1) of this section, all monitors used to detect malfunctions identified in paragraph (h)(9)(ii) must be tracked separately but reported as a single set of values as specified in paragraph (e)(1)(iii) of this section.

( iv) VVT MIL activation and DTC storage. The MIL must activate and DTCs must be stored according to the provisions of paragraph (b) of this section.

( i) OBD monitori ng require ments for all engines

(1) E ngine cooling system monitoring

(i) General.

(A) The OBD system must monitor the thermostat on engines so equipped for proper operation.

( B) The OBD system must monitor the engine coolant temperature (ECT) sensor

for electric al circuit continuity, out

- of

- range values, and rationality malfunctions.

( C) For engines that use a system other than the cooling system and ECT sensor (e.g., oil temperature, cylinder head temperature) to determine engine operating temperature for emiss ion control purposes (e.g., to modify spark or fuel injection timing or quantity), the manufacturer may forego cooling system monitoring and instead monitor the components or systems used in their approach. To do so, the

manufacturer must to submit data an d/or engineering analyses that demonstrate that their monitoring plan is as reliable and effective as the monitoring required in this paragraph (i)(1).

( ii) Malfunction criteria for the thermostat.

(A) The OBD system must detect a thermostat malfunction if, within the manufacturer specified time interval following engine start, any of the following conditions occur: The coolant temperature does not reach the highest temperature required by the OBD system to enable other diagnostics; and, the coolant

tempe rature does not reach a warmed

- up temperature within 20 degrees

Fahrenheit of the manufacturer ’ s nominal thermostat regulating temperature. For the second of these two conditions, the manufacturer may use a lower temperature

for this criterion if either th e manufacturer can demonstrate that the fuel, sparkRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 53 of 101 timing, and/or other coolant temperature

- based modification to the engine control strategies would not cause an emissions increase greater than or equal to 50 percent of any of the applicable emissions st andards; or, ambient air temperature is between 20 degrees Fahrenheit and 50 degrees Fahrenheit in which case, upon Administrator approval, the minimum coolant temperature required to be reached may be decreased based on the ambient air temperature.

( B) W ith Administrator approval, the manufacturer may use alternative malfunction criteria to those of paragraph (i)(1)(ii)(A) of this section and/or alternative monitoring conditions to those of paragraph (i)(1)(iv) of this section that are a function of tempe rature at engine start on engines that do not reach the temperatures specified in the malfunction criteria when the thermostat is functioning properly. To do so, the manufacturer is required to submit data and/or engineering analyses that demonstrate that a properly operating system does not reach the specified temperatures and that the possibility is minimized for cooling system malfunctions to go undetected thus disabling other OBD monitors.

( C) The manufacturer may request Administrator approval to fore go monitoring of the thermostat if the manufacturer can demonstrate that a malfunctioning thermostat cannot cause a measurable increase in emissions during any reasonable driving condition nor cause any disablement of other OBD monitors.

( iii) Malfunction criteria for the ECT sensor

(A) Circuit integrity. The OBD system must detect malfunctions of the ECT sensor related to a lack of circuit continuity or out

- of

- range values.

( B) Time to reach closed

- loop/feedback enable temperature. The OBD system

must d etect if, within the manufacturer specified time interval following engine start, the ECT sensor does not achieve the highest stabilized minimum temperature that is needed to initiate closed

- loop/feedback control of all affected emission control systems (e .g., fuel system, EGR system). The manufacturer specified time interval must be a function of the engine coolant temperature and/or intake air temperature at startup. The manufacturer time interval must be supported by data and/or engineering analyses demo nstrating that it provides robust monitoring and minimizes the likelihood of other OBD monitors being disabled. The manufacturer may forego the requirements of this paragraph (i)(1)(iii)(B) provided the manufacturer does not use engine coolant temperature

or the ECT sensor to enable closed

- loop/feedback control of any emission control

systems.

( C) Stuck in range below the highest minimum enable temperature. To the extent feasible when using all available information, the OBD system must detect a

malfunctio n if the ECT sensor inappropriately indicates a temperature below the highest minimum enable temperature required by the OBD system to enable other monitors (e.g., an OBD system that requires ECT to be greater than 140 degrees Fahrenheit to enable a diagno stic must detect malfunctions that cause the ECTRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 54 of 101 sensor to inappropriately indicate a temperature below 140 degrees Fahrenheit). The manufacturer may forego this requirement for temperature regions in which the monitors required under paragraphs (i)(1)(ii) or (i)(1)(iii)(B) of this section will detect ECT sensor malfunctions as defined in this paragraph (i)(1)(iii)(C).

( D) Stuck in range above the lowest maximum enable temperature. The OBD system must detect a malfunction if the ECT sensor inappropriately indicates a temperature above the lowest maximum enable temperature required by the OBD system to enable other monitors (e.g., an OBD system that requires an engine coolant temperature less than 90 degrees Fahrenheit at startup prior to enabling an

OBD mon itor must detect malfunctions that cause the ECT sensor to indicate inappropriately a temperature above 90 degrees Fahrenheit). The manufacturer may forego this requirement within temperature regions in which the monitors required under paragraphs (i)(1)(i i), (i)(1)(iii)(B), (i)(1)(iii)(C) of this section will detect ECT sensor malfunctions as defined in this paragraph (i)(1)(iii)(D) or in which the MIL will be activated according to the provisions of paragraph (b)(2)(v) of this section. The manufacturer ma y also forego this monitoring within temperature regions where a temperature gauge on the instrument panel indicates a temperature in the “ red zone ” (engine overheating zone) and displays the same temperature information as used by the OBD system.

( iv) Mo nitoring conditions for the thermostat.

(A) The manufacturer must define the monitoring conditions for malfunctions identified in paragraph (i)(1)(ii)(A) of this section in accordance with paragraph (c) of this section. Additionally, except as provided fo r in paragraphs (i)(1)(iv)(B) and (i)(1)(iv)(C) of this section, monitoring for malfunctions identified in paragraph (i)(1)(ii)(A) of this section must be conducted once per drive cycle on every drive cycle in which the ECT sensor indicates, at engine star t, a temperature lower than the temperature established as the malfunction criteria in paragraph (i)(1)(ii)(A) of this section.

( B) The manufacturer may disable thermostat monitoring at ambient engine start temperatures below 20 degrees Fahrenheit.

( C) T he manufacturers may request Administrator approval to suspend or disable thermostat monitoring if the engine is subjected to conditions that could lead to false diagnosis. To do so, the manufacturer must submit data and/or engineering analyses that demons trate that the suspension or disablement is necessary. In general, the manufacturer will not be allowed to suspend or disable the thermostat monitor on engine starts where the engine coolant temperature at engine start is more than 35 degrees Fahrenheit lo wer than the thermostat malfunction threshold temperature determined under paragraph (i)(1)(ii)(A) of this section.

( v) Monitoring conditions for the ECT sensor.Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 55 of 101 (A) Except as provided for in paragraph (i)(1)(v)(D) of this section, the OBD

system must mo nitor continuously for malfunctions identified in paragraph monitoring for malfunctions identified in paragraph (i)(1)(iii)(A) of this section (i.e., circuit integrity and out

- of

- range).

( B) The manufacturer must define the monitoring conditions for malfu nctions identified in paragraph (i)(1)(iii)(B) of this section in accordance with paragraph (c) of this section. Additionally, except as provided for in paragraph (i)(1)(v)(D) of this section, monitoring for malfunctions identified in paragraph (i)(1)(iii) (B) of this section must be conducted once per drive cycle on every drive cycle in which the ECT sensor indicates a temperature lower than the closed

- loop enable temperature at engine start (i.e., all engine start temperatures greater than the ECT

sensor o ut

- of

- range low temperature and less than the closed

- loop enable temperature).

( C) The manufacturer must define the monitoring conditions for malfunctions identified in paragraphs (i)(1)(iii)(C) and (i)(1)(iii)(D) of this section in accordance with paragr aphs (c) and (d) of this section.

( D) The manufacturer may suspend or delay the monitor for the time to reach

closed

- loop enable temperature if the engine is subjected to conditions that could lead to false diagnosis (e.g., vehicle operation at idle for m ore than 50 to 75 percent of the warm

- up time).

( E) The manufacturer may request Administrator approval to disable continuous ECT sensor monitoring when an ECT sensor malfunction cannot be distinguished from other effects. To do so, the manufacturer must submit data and/or engineering analyses that demonstrate a properly functioning sensor cannot be distinguished from a malfunctioning sensor and that the disablement interval is limited only to that necessary for avoiding false detection.

( vi) Engine cooli ng system MIL activation and DTC storage. The MIL must activate and DTCs must be stored according to the provisions of paragraph (b) of

this section.

( 2) Crankcase ven tilation (CV) system monitoring

(i) General. The OBD system must monitor the CV system on engines so equipped for system integrity. Engines not required to be equipped with CV systems are exempt from monitoring the CV system. For diesel engines, the manufacturer must submit a plan for Administrator approval prior to OBD certification. That p lan must include descriptions of the monitoring strategy, malfunction criteria, and monitoring conditions for CV system monitoring. The plan must demonstrate that the CV system monitor is of equivalent effectiveness, to the extent feasible, to the

malfunct ion criteria and the monitoring conditions of this paragraph (i)(2).

( ii) Crankcase ventilation system malfunction criteria.Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 56 of 101 (A) For the purposes of this paragraph (i)(2), “ CV system ” is defined as any form of crankcase ventilation system, regardless of whether it utilizes positive pressure.

“ CV valve ” is defined as any form of valve or orifice used to restrict or control crankcase vapor flow. Further, any additional external CV system tubing or hoses used to equalize crankcase pressure or to provide a ve ntilation path between various areas of the engine (e.g., crankcase and valve cover) are considered part of the CV system “ between the crankcase and the CV valve ” and subject to the malfunction criteria in paragraph (i)(2)(ii)(B) of this section.

( B) Exce pt as provided for in paragraphs (i)(2)(ii)(C) through (i)(2)(ii)(E) of this section, the OBD system must detect a malfunction of the CV system when a disconnection of the system occurs between either the crankcase and the CV valve, or between the CV valve and the intake manifold.

( C) The manufacturer may forego monitoring for a disconnection between the crankcase and the CV valve provided the CV system is designed such that the CV valve is fastened directly to the crankcase such that it is significantly m ore difficult to remove the CV valve from the crankcase than to disconnect the line between the CV valve and the intake manifold (taking aging effects into consideration). To do so, the manufacturer must be able to provide data and/or an engineering evalua tion demonstrating that the CV system is so designed.

( D) The manufacturer may forego monitoring for a disconnection between the crankcase and the CV valve provided the CV system is designed such that it uses tubing connections between the CV valve and th e crankcase that are: resistant to deterioration or accidental disconnection; significantly more difficult to disconnect than is the line between the CV valve and the intake manifold; and, not subject to disconnection per the manufacturer ’ s repair procedur es for any non

- CV system repair. To do so, the manufacturer must be able to provide data and/or engineering evaluation demonstrating that the CV system is so designed.

( E) The manufacturer may forego monitoring for a disconnection between the CV

valve and the intake manifold provided the CV system is designed such that any disconnection either causes the engine to stall immediately during idle operation, or is unlikely to occur due to a CV system design that is integral to the induction system (e.g., machi ned passages rather than tubing or hoses). To do so, the manufacturer must be able to provide data and/or an engineering evaluation demonstrating that the CV system is so designed.

( iii) Crankcase ventilation system monitoring conditions. The manufacturer must define the monitoring conditions for malfunctions identified in paragraph (i)(2) of this section in accordance with paragraphs (c) and (d) of this section.

( iv) Crankcase ventilation system MIL activation and DTC storage. The MIL must

activate and D TCs must be stored according to the provisions of paragraph (b) of this section. The stored DTC need not identify specifically the CV system (e.g., aRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 57 of 101 DTC for idle speed control or fuel system monitoring can be stored) if the

manufacturer can demonstrate th at additional monitoring hardware is necessary to make such an identification and provided the manufacturer ’ s diagnostic and repair procedures for the detected malfunction include directions to check the integrity of the CV system.

( 3) Comprehensive comp onent m onitoring

(i) General. Except as provided for in paragraph (i)(4) of this section, the OBD system must detect a malfunction of any electronic engine component or system not otherwise described in paragraphs (g), (h), (i)(1), and (i)(2) of this sect ion that either provides input to (directly or indirectly, such components may include the crank angle sensor, knock sensor, throttle position sensor, cam position sensor, intake air temperature sensor, boost pressure sensor, manifold pressure sensor, mass air flow sensor, exhaust temperature sensor, exhaust pressure sensor, fuel pressure sensor, fuel composition sensor of a flexible fuel vehicle, etc.) or receives commands from (such components or systems may include the idle speed control system, glow plu g system, variable length intake manifold runner systems, supercharger or turbocharger electronic components, heated fuel preparation systems, the wait

- to

- start lamp on diesel applications, the MIL, etc.) the onboard computer(s) and meets either of the cri teria described in paragraphs (i)(3)(i)(A) and/or (i)(3)(i)(B) of this section. Note that, for the purposes of this paragraph (i)(3), “ electronic engine component or system ” does not include components that are driven by the engine and are not related to t he control of the fueling, air handling, or emissions of the engine (e.g., PTO components, air conditioning system components, and power steering components).

( A) It can cause emissions to exceed applicable emission standards. To preclude monitoring, the manufacturer must be able to provide emission data showing that the component or system, when malfunctioning and installed on a suitable test engine, does not cause emissions to exceed the emission standards.

( B) It is used as part of the monitoring strat egy for any other monitored system or

component.

( ii) Comprehensive component malfunction criteria for input components.

(A) The OBD system must detect malfunctions of input components caused by a lack of circuit continuity and out

- of

- range values. In ad dition, where feasible, rationality checks must also be done and shall verify that a sensor output is neither inappropriately high nor inappropriately low (i.e., “ two

- sided ” monitoring).

( B) To the extent feasible, the OBD system must separately detect an d store different DTCs that distinguish rationality malfunctions from lack of circuit continuity and out

- of

- range malfunctions. For lack of circuit continuity and out

of

- range malfunctions, the OBD system must, to the extent feasible, separately

detect and store different DTCs for each distinct malfunction (e.g., out

- of

- rangeRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 58 of 101 low, out

- of

- range high, open circuit). The OBD system is not required to store separate DTCs for lack of circuit continuity malfunctions that cannot be distinguished from other out

- of

- range circuit malfunctions.

( C) For input components that are used to activate alternative strategies that can affect emissions (e.g., AECDs, engine shutdown systems), the OBD system must conduct rationality checks to detect malfunctions that cause the sy stem to activate erroneously or deactivate the alternative strategy. To the extent feasible when using all available information, the rationality check must detect a malfunction if the input component inappropriately indicates a value that activates or dea ctivates the alternative strategy. For example, for an alternative strategy that activates when the intake air temperature is greater than 120 degrees Fahrenheit, the OBD system must detect malfunctions that cause the intake air temperature sensor to

indic ate inappropriately a temperature above 120 degrees Fahrenheit.

( D) For engines that require precise alignment between the camshaft and the crankshaft, the OBD system must monitor the crankshaft position sensor(s) and camshaft position sensor(s) to verify proper alignment between the camshaft and crankshaft in addition to monitoring the sensors for circuit continuity and proper rationality. Proper alignment monitoring between a camshaft and a crankshaft is required only in cases where both are equipped wit h position sensors. For engines equipped with VVT systems and a timing belt or chain, the OBD system must detect a malfunction if the alignment between the camshaft and crankshaft is off by one or more cam/crank sprocket cogs (e.g., the timing belt/chain h as slipped by one or more teeth/cogs). If a manufacturer demonstrates that a single tooth/cog misalignment cannot cause a measurable increase in emissions during any reasonable driving condition, the OBD system must detect a malfunction when

the minimum nu mber of teeth/cogs misalignment has occurred that does cause a

measurable emission increase.

( iii) Comprehensive component malfunction criteria for output components/systems.

(A) The OBD system must detect a malfunction of an output component/system

when proper functional response does not occur in response to computer commands. If such a functional check is not feasible, the OBD system must detect malfunctions of output components/systems caused by a lack of circuit continuity or circuit malfunction (e.g ., short to ground or high voltage). For output component lack of circuit continuity malfunctions and circuit malfunctions, the OBD system is not required to store different DTCs for each distinct malfunction (e.g., open circuit, shorted low). Manufacturer s are not required to activate an output component/system when it would not normally be active for the sole purpose of performing a functional check of it as required in this paragraph (i)(3).

( B) For gasoline engines, the idle control system must be moni tored for proper functional response to computer commands. For gasoline engines using monitoring strategies based on deviation from target idle speed, a malfunctionRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 59 of 101 must be detected when either of the following conditions occurs: The idle speed control sys tem cannot achieve the target idle speed within 200 revolutions per minute (rpm) above the target speed or 100 rpm below the target speed; or, the idle speed control system cannot achieve the target idle speed within the smallest engine speed tolerance ran ge required by the OBD system to enable any other monitors. Regarding the former of these conditions, the manufacturer may use larger engine speed tolerances. To do so, the manufacturer must be able to provide data and/or engineering analyses that demonstr ate that the tolerances can be exceeded without a malfunction being present.

( C) For diesel engines, the idle control system must be monitored for proper functional response to computer commands. For diesel engines, a malfunction

must be detected when eit her of the following conditions occurs: the idle fuel control system cannot achieve the target idle speed or fuel injection quantity within ±50 percent of the manufacturer

- specified fuel quantity and engine speed tolerances; or, the idle fuel control syste m cannot achieve the target idle speed or fueling quantity within the smallest engine speed or fueling quantity tolerance range required by the OBD system to enable any other monitors.

( D) For model years 2010 through 2012, glow plugs must be monitored fo r circuit continuity malfunctions. For model years 2010 and later, intake air heater systems and, for model years 2013 and later, glow plugs must be monitored for proper functional response to computer commands and for circuit continuity

malfunctions. The glow plug/intake air heater circuit(s) must be monitored for proper current and voltage drop. The manufacturer may use other monitoring strategies but must be able to provide data and/or engineering analyses that demonstrate reliable and timely detection o f malfunctions. The OBD system must also detect a malfunction when a single glow plug no longer operates within the

manufacturer ’ s specified limits for normal operation. If a manufacturer can demonstrate that a single glow plug malfunction cannot cause a m easurable increase in emissions during any reasonable driving condition, the OBD system must instead detect a malfunction when the number of glow plugs needed to cause an emission increase is malfunctioning. To the extent feasible, the stored DTC

must iden tify the specific malfunctioning glow plug(s).

( E) The wait

- to

- start lamp circuit and the MIL circuit must be monitored for malfunctions that cause either lamp to fail to activate when commanded to do so (e.g., burned out bulb). This monitoring of the wai t

- to

- start lamp circuit and the MIL circuit is not required for wait

- to

- start lamps and MILs using light

- emitting diodes (LEDs).

( iv) Monitoring conditions for input components.

(A) The OBD system must monitor input components continuously for out

- of

ran ge values and circuit continuity. The manufacturer may disable continuous monitoring for circuit continuity and out

- of

- range values when a malfunction cannot be distinguished from other effects. To do so, the manufacturer must beRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 60 of 101 able to provide data and/o r engineering analyses that demonstrate that a properly functioning input component cannot be distinguished from a malfunctioning input component and that the disablement interval is limited only to that necessary for avoiding false malfunction detection.

( B) For input component rationality checks (where applicable), the manufacturer must define the monitoring conditions for detecting malfunctions in accordance with paragraphs (c) and (d) of this section, with the exception that rationality

checks must occ ur every time the monitoring conditions are met during the drive cycle rather than once per drive cycle as required in paragraph (c)(2) of this

section.

( v) Monitoring conditions for output components/systems.

(A) The OBD system must monitor output compo nents/systems continuously for circuit continuity and circuit malfunctions. The manufacturer may disable continuous monitoring for circuit continuity and circuit malfunctions when a malfunction cannot be distinguished from other effects. To do so, the

manu facturer must be able to provide data and/or engineering analyses that demonstrate that a properly functioning output component/system cannot be distinguished from a malfunctioning one and that the disablement interval is limited only to that necessary for avoiding false malfunction detection.

( B) For output component/system functional checks, the manufacturer must define the monitoring conditions for detecting malfunctions in accordance with paragraphs (c) and (d) of this section. Specifically for the idl e control system, the manufacturer must define the monitoring conditions for detecting malfunctions in accordance with paragraphs (c) and (d) of this section, with the exception that functional checks must occur every time the monitoring conditions are met during the drive cycle rather than once per drive cycle as required in paragraph (c)(2) of

this section.

( vi) Comprehensive component MIL activation and DTC storage.

(A) Except as provided for in paragraphs (i)(3)(vi)(B) and (i)(3)(vi)(C) of this

sectio n, the MIL must activate and DTCs must be stored according to the provisions of paragraph (b) of this section.

( B) The MIL need not be activated in conjunction with storing a MIL

- on DTC for any comprehensive component if: the component or system, when

mal functioning, could not cause engine emissions to increase by 15 percent or more of the applicable FTP standard during any reasonable driving condition; or, the component or system is not used as part of the monitoring strategy for any other system or compo nent that is required to be monitored.

( C) The MIL need not be activated if a malfunction has been detected in the MIL circuit that prevents the MIL from activating (e.g., burned out bulb or light

-Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 61 of 101 emitting diode, LED). Nonetheless, the electronic MIL stat us (see paragraph (k)(4)(ii) of this section) must be reported as MIL commanded

- on and a MIL

- on DTC must be stored.

( 4) Other emission control system monitoring

(i) General. For other emission control systems that are either not addressed in paragraphs ( g) through (i)(3) of this section (e.g., hydrocarbon traps, homogeneous charge compression ignition control systems), or addressed in paragraph (i)(3) of this section but not corrected or compensated for by an adaptive control system (e.g., swirl control v alves), the manufacturer must submit a plan for Administrator approval of the monitoring strategy, malfunction criteria, and monitoring conditions prior to introduction on a production engine. The plan must demonstrate the effectiveness of the monitoring s trategy, the malfunction criteria used, the monitoring conditions required by the monitor, and, if applicable, the determination that the requirements of paragraph (i)(4)(ii) of this section are satisfied.

( ii) For engines that use emission control system s that alter intake air flow or cylinder charge characteristics by actuating valve(s), flap(s), etc., in the intake air delivery system (e.g., swirl control valve systems), the manufacturer, in addition to meeting the requirements of paragraph (i)(4)(i) of this section, may elect to have the OBD system monitor the shaft to which all valves in one intake bank are physically attached rather than performing a functional check of the intake air flow, cylinder charge, or individual valve(s)/flap(s). For non

- meta l shafts or segmented shafts, the monitor must verify all shaft segments for proper functional response (e.g., by verifying that the segment or portion of the shaft farthest from the actuator functions properly). For systems that have more than one shaft t o operate valves in multiple intake banks, the manufacturer is not required to add more than one set of detection hardware (e.g., sensor, switch) per intake bank to meet this requirement.

This section is intended to exempt engine monitoring systems from h aving to monitor hybrid powertrain systems from the 2013 through the 2019

mod el

- years as the issues needed to accomplish such monitoring in the

non

- vertically integrated market for vehicles with GVWR > 14,000 lbs are addressed by engine and hybrid system m anufacturers as well as regulatory agencies and industry groups (e.g. SAE ).

(iii) For the 2013 through the 2019 model

- year, engines used with hybrid

powe rtrain systems as defined in 86.010

- 02 are not required to monitor the hybrid powertrain system or co mponents of the hybrid powertrain system

.

This section is intended to ensure that EPA is provided with information on hybrid powertrain system diagnostic capabilities during the 2013 through 2019 model

- years without creating a significant new reporting

re sponsibility for hybrid powertrain system manufacturers. It also requires that hybrid powertrain system manufacturers provide EPA with annual updates of the progress being made to integrate systemsRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 62 of 101 diagnostics with the comprehensive monitoring and standar dization requirements that apply to engine monitoring systems as well as in achieving integration with the monitoring systems of 2020 and later

model

- year engines with which they will be used. It also clarifies that the OBD “certification process” applies to engines not hybrid powertrain

systems.

(iv) A hybrid powertrain system manufacturer, as defined i n 86.010

- 02, whose

systems are used with 2013 through 2019 mod el

- year engines must provide technical description of the system’s fault detection and d iagnostic capabilities to
the Administrator

. The Administrator will accept this information in the fo rm provided by the manufacturer. In addition, manufacturers of hybrid powertrain systems must provide an annual report to the Administrator describing th e manufacturer’s product plans, activities

, and progress toward achieving integration of their hybrid powertrain systems such that 2 020 and later

- model

- year engine monitoring systems comply with the requirements of paragrap h (i)(3) of this

section

.

( 5) Exceptions to OBD monitoring requirements.

(i) The Administrator may revise the PM filtering performance malfunction criteria for DPFs to exclude detection of specific failure modes such as partially melted substrates, if the most reliable monito ring method developed requires it.

( ii) The manufacturer may disable an OBD system monitor at ambient engine start temperatures below 20 degrees Fahrenheit (low ambient temperature conditions may be determined based on intake air or engine coolant tempera ture at engine start) or at elevations higher than 8,000 feet above sea level. To do so, the manufacturer must submit data and/or engineering analyses that demonstrate that monitoring is unreliable during the disable conditions. A manufacturer may request that an OBD system monitor be disabled at other ambient engine start temperatures by submitting data and/or engineering analyses demonstrating that misdiagnosis would occur at the given ambient temperatures due to their effect on the component itself (e.g. , component freezing).

( iii) The manufacturer may disable an OBD system monitor when the fuel level is 15 percent or less of the nominal fuel tank capacity for those monitors that can be affected by low fuel level or running out of fuel (e.g., misfire det ection). To do so, the manufacturer must submit data and/or engineering analyses that demonstrate that monitoring at the given fuel levels is unreliable, and that the OBD system is still able to detect a malfunction if the component(s) used to determine fu el level indicates erroneously a fuel level that causes the disablement.

( iv) The manufacturer may disable OBD monitors that can be affected by engine battery or system voltage levels.Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 63 of 101 ( A) For an OBD monitor affected by low vehicle battery or system volt ages, manufacturers may disable monitoring when the battery or system voltage is below 11.0 Volts. The manufacturer may use a voltage threshold higher than 11.0 Volts to disable monitors but must submit data and/or engineering analyses that

demonstrate tha t monitoring at those voltages is unreliable and that either operation of a vehicle below the disablement criteria for extended periods of time is unlikely or the OBD system monitors the battery or system voltage and will detect a malfunction at the voltag e used to disable other monitors.

( B) For an OBD monitor affected by high engine battery or system voltages, the manufacturer may disable monitoring when the battery or system voltage exceeds

a manufacturer

- defined voltage. To do so, the manufacturer must submit data and/or engineering analyses that demonstrate that monitoring above the

manufacturer

- defined voltage is unreliable and that either the electrical charging system/alternator warning light will be activated (or voltage gauge would be in

the “ red zone ” ) or the OBD system monitors the battery or system voltage and will detect a malfunction at the voltage used to disable other monitors.

( v) The manufacturer may also disable affected OBD monitors in systems designed

to accommodate the installation of power take off (PTO) units provided monitors are disabled only while the PTO unit is active and the OBD readiness status (see paragraph (k)(4)(i) of this section) is cleared by the onboard computer (i.e., all

monitors set to indicate “ not complete ” or “ no t ready ” ) while the PTO unit is activated. If monitors are so disabled and when the disablement ends, the readiness status may be restored to its state prior to PTO activation.

( 6) Feedback control system monitoring. If the engine is equipped with feedbac k control of any of the systems covered in paragraphs (g), (h) and (i) of this section, then the OBD system must detect as malfunctions the conditions specified in this paragraph (i)(6) for each of the individual feedback controls.

( i) The OBD system must detect when the system fails to begin feedback control within a manufacturer specified time interval.

( ii) When any malfunction or deterioration causes open loop or limp

- home operation.

( iii) When feedback control has used up all of the adjustment allow ed by the

manufacturer.

( iv) A manufacturer may temporarily disable monitoring for malfunctions specified in paragraph (i)(6)(iii) of this section during conditions that the specific monitor cannot distinguish robustly between a malfunctioning system and a properly operating system. To do so, the manufacturer is required to submit data and/or engineering analyses demonstrating that the individual feedback control system, when operating as designed on an engine with all emission controls working properly, r outinely operates during these conditions while having used up all of theRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 64 of 101 adjustment allowed by the manufacturer. In lieu of detecting, with a system specific monitor, the malfunctions specified in paragraphs (i)(6)(i) and (i)(6)(ii) of this

section the OB D system may monitor the individual parameters or components that are used as inputs for individual feedback control systems provided that the monitors detect all malfunctions that meet the criteria of paragraphs (i)(6)(i) and (i)(6)(ii) of this section.

( j ) Production evaluation testing

(1) Verification of standardization requirements.

(i) For model years 2013 and later, the manufacturer must perform testing to verify that production vehicles meet the requirements of paragraphs (k)(3) and (k)(4) of

this section relevant to the proper communication of required emissions

- related messages to a SAE J1978 or SAE J1939 (both as specified in paragraph (k)(1) of this section) scan tool.

( ii) Selection of test vehicles.

(A) The manufacturer must perform this te sting every model year on ten unique production vehicles (i.e., engine rating and chassis application combination) per engine family. If there are less than ten unique production vehicles for a certain engine family, the manufacturer must test each unique production vehicle in that engine family. The manufacturer must perform this testing within either three months of the start of engine production or one month of the start of vehicle production, whichever is later. The manufacturer may request approval to group multiple production vehicles together and test one representative vehicle per group. To do so, the software and hardware designed to comply with the standardization requirements of paragraph (k)(1) of this section (e.g., communication protocol messag e timing, number of supported data stream parameters, engine and vehicle communication network architecture) in the representative vehicle must be identical to all others in the group and any differences in the production vehicles cannot be relevant with r espect to meeting the criteria of paragraph (j)(1)(iv) of this section.

( B) For 2016 and subsequent model years, the required number of vehicles to be tested shall be reduced to five per engine family provided zero vehicles fail the testing required by pa ragraph (j)(1) of this section for two consecutive years.

( C) For 2019 and subsequent model years, the required number of vehicles to be tested shall be reduced to three per engine family provided zero vehicles fail the testing required by paragraph (j)(1 ) of this section for three consecutive years.

( D) The requirement for submittal of data from one or more of the production vehicles shall be waived if data have been submitted previously for all of the production vehicles. The manufacturer may request ap proval to carry over data collected in previous model years. To do so, the software and hardware designedRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 65 of 101 to comply with the standardization requirements of paragraph (k)(1) of this section must be identical to the previous model year and there must not ha ve been other hardware or software changes that affect compliance with the standardization requirements.

( iii) Test equipment. For the testing required by paragraph (j)(1) of this section, the

manufacturer shall use an off

- board device to conduct the testing. The manufacturer

must be able to show that the off

- board device is able to verify that the vehicles tested using the device are able to perform all of the required functions in paragraph (j)(1)(iv) of this section with any other off

- board device d esigned and built in accordance with the SAE J1978 or SAE J1939 (both as specified in paragraph (k)(1) of this section) generic scan tool specifications.

( iv) Required testing. The testing must verify that communication can be established properly between all emission

- related on

- board computers and a SAE J1978 or SAE J1939 (both as specified in paragraph (k)(1) of this section) scan tool designed to adhere strictly to the communication protocols allowed in paragraph (k)(3) of this section. The testing must also verify that all emission

- related information is communicated properly between all emission

- related on

- board computers and a SAE J1978 or SAE J1939 (both as specified in paragraph (k)(1) of this section) scan tool in accordance with the requirements o f paragraph (k)(1) of this section and the applicable ISO and SAE specifications including specifications for physical layer, network layer, message structure, and message content. The testing must also verify that the onboard computer(s) can properly resp ond to a SAE J1978 or SAE J1939 (both as specified in paragraph (k)(1) of this section) scan tool request to clear emissions

- related DTCs and reset the ready status in accordance with paragraph (k)(4)(ix) of this section. The testing must further verify th at the following information can be properly communicated to a SAE J1978 or SAE J1939 (both as specified in paragraph (k)(1) of this section) scan tool:

( A) The current ready status from all onboard computers required to support ready

status in accordance with SAE J1978 or SAE J1939

- 73 (both as specified in paragraph (k)(1) of this section) and paragraph (k)(4)(i) of this section in the key

on, engine

- off position and while the engine is running.

( B) The MIL command status while a deactivated MIL is comma nded and while

an activated MIL is commanded in accordance with SAE J1979 or SAE J1939 (both as specified in paragraph (k)(1) of this section) and paragraph (k)(4)(ii) of this section in the key

- on, engine

- off position and while the engine is running, and in accordance with SAE J1979 or SAE J1939 (both as specified in paragraph (k)(1) of this section) and paragraphs (b)(1)(ii) of this section during the MIL functional check, if applicable, and, if applicable, (k)(4)(i)(C) of this section during the MIL read y status check while the engine is off.

( C) All data stream parameters required in paragraph (k)(4)(ii) of this section in accordance with SAE J1979 or SAE J1939 (both as specified in paragraph (k)(1)Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 66 of 101 of this section) including, if applicable, the proper identification of each data stream parameter as supported in SAE J1979 (e.g., Mode/Service $01, PID $00).

( D) The CAL ID, CVN, and VIN as required by paragraphs (k)(4)(vi), (k)(4)(vii), and (k)(4)(viii) of this section and in accordance with SAE J1979 or SAE J1939 (both as specified in paragraph (k)(1) of this section).

( E) An emissions

- related DTC (permanent, pending, MIL

- on, previous

- MIL

- on)

in accordance with SAE J1979 or SAE J1939

- 73 (both as specified in paragraph (k)(1) of this section) including th e correct indication of the number of stored DTCs (e.g., Mode/Service $01, PID $01, Data A for SAE J1979 (as specified in paragraph (k)(1) of this section)) and paragraph (k)(4)(iv) of this section.

( v) Reporting of results. The manufacturer must submit t o the Administrator the following, based on the results of the testing required by paragraph (j)(1)(iv) of this

section:

( A) If a variant meets all the requirements of paragraph (j)(1)(iv) of this section, a statement specifying that the variant passed al l the tests. Upon request from the Administrator, the detailed results of any such testing may have to be submitted.

( B) If any variant does not meet the requirements paragraph (j)(1)(iv) of this section, a written report detailing the problem(s) identifi ed and the manufacturer ’ s proposed corrective action (if any) to remedy the problem(s). This report must be submitted within one month of testing the specific variant. The Administrator will consider the proposed remedy and, if in disagreement, will work w ith the manufacturer to propose an alternative remedy. Factors to be considered by the Administrator in considering the proposed remedy will include the severity of the problem(s), the ability of service technicians to access the required diagnostic

inform ation, the impact on equipment and tool manufacturers, and the amount of time prior to implementation of the proposed corrective action.

( vi) Alternative testing protocols. Manufacturers may request approval to use other testing protocols. To do so, the m anufacturer must demonstrate that the alternative testing methods and equipment will provide an equivalent level of verification of compliance with the standardization requirements as is required by paragraph (j)(1)

of this section.

( 2) Verification of mo nitoring requirements.

(i) Within either the first six months of the start of engine production or the first three months of the start of vehicle production, whichever is later, the manufacturer must conduct a complete evaluation of the OBD system of one or more production vehicles (test vehicles) and submit the results of the evaluation to the Administrator.

( ii) Selection of test vehicles.Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 67 of 101 (A) For each engine selected for monitoring system demonstration in paragraph (l) of this section, the manufacture r must evaluate one production vehicle equipped with an engine from the same engine family and rating as the demonstration engine. The vehicle selection must be approved by the

Administrator.

( B) If the manufacturer is required to test more than one test vehicle, the manufacturer may test an engine in lieu of a vehicle for all but one of the required

test vehicles.

( C) The requirement for submittal of data from one or more of the test vehicles may be waived if data have been submitted previously for all o f the engine ratings

and variants.

( iii) Evaluation requirements.

(A) The evaluation must demonstrate the ability of the OBD system on the selected test vehicle to detect a malfunction, activate the MIL, and, where applicable, store an appropriate DTC re adable by a scan tool when a malfunction is present and the monitoring conditions have been satisfied for each individual monitor required by this section. For model years 2013 and later, the evaluation must demonstrate the ability of the OBD system on the selected test vehicle to detect a malfunction, activate the MIL, and, where applicable, store an appropriate DTC readable by a SAE J1978 or SAE J1939 (both as specified in paragraph (k)(1) of this section) scan tool when a malfunction is present and the

m onitoring conditions have been satisfied for each individual monitor required by

this section.

( B) The evaluation must verify that the malfunction of any component used to enable another OBD monitor but that does not itself result in MIL activation (e.g., fuel level sensor) will not inhibit the ability of other OBD monitors to detect malfunctions properly.

( C) The evaluation must verify that the software used to track the numerator and denominator for the purpose of determining in

- use monitoring frequency increments as required by paragraph (d)(2) of this section.

( D) Malfunctions may be implanted mechanically or simulated electronically, but internal onboard computer hardware or software changes shall not be used to

simulate malfunctions. For monitors th at are required to indicate a malfunction before emissions exceed an emission threshold, manufacturers are not required to use malfunctioning components/systems set exactly at their malfunction criteria limits. Emission testing is not required to confirm t hat the malfunction is detected before the appropriate emission thresholds are exceeded.Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 68 of 101 ( E) The manufacturer must submit a proposed test plan for approval prior to performing evaluation testing. The test plan must identify the method used to

induce a mal function for each monitor.

( F) If the demonstration of a specific monitor cannot be reasonably performed without causing physical damage to the test vehicle (e.g., onboard computer internal circuit malfunctions), the manufacturer may omit the specific

dem onstration.

( G) For evaluation of test vehicles selected in accordance with paragraph (j)(2)(ii) of this section, the manufacturer is not required to demonstrate monitors that were demonstrated prior to certification as required in paragraph (l) of th is section.

( iv) The manufacturer must submit a report of the results of all testing conducted as required by paragraph (j)(2) of this section. The report must identify the method used to induce a malfunction in each monitor, the MIL activation status, an d the DTC(s) stored.

( 3) Verification of in

- use monitoring performance ratios.

(i) The manufacturer must collect and report in

- use monitoring performance data representative of production vehicles (i.e., engine rating and chassis application combination) . The manufacturer must collect and report the data to the Administrator within 12 months after the first production vehicle was first

introduced into commerce.

( ii) The manufacturer must separate production vehicles into the monitoring performance groups and submit data that represents each of these groups. The groups shall be based on the following criteria:

( A) Emission control system architecture. All engines that use the same or similar emissions control system architecture (e.g., EGR with DPF and SC R; EGR with

DPF and NOx adsorber; EGR with DPF

- only) and associated monitoring system would be in the same emission architecture category.

( B) Vehicle application type. Within an emission architecture category, engines shall be separated into one of three vehicle application types: Engines intended primarily for line

- haul chassis applications, engines intended primarily for urban delivery chassis applications, and all other engines.

( iii) The manufacturer may use an alternative grouping method to collect representative data. To do so, the manufacturer must show that the alternative groups include production vehicles using similar emission controls, OBD strategies, monitoring condition calibrations, and vehicle application driving/usage patterns

such that t hey are expected to have similar in

- use monitoring performance. The manufacturer will still be required to submit one set of data for each of the alternative groups.Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 69 of 101 ( iv) For each monitoring performance group, the data must include all of the in

- use perfo rmance tracking data (i.e., all numerators, denominators, the general denominator, and the ignition cycle counter), the date the data were collected, the odometer reading, the VIN, and the calibration ID. For model years 2013 and later, for each monitoring performance group, the data must include all of the in

- use performance tracking data reported through SAE J1979 or SAE J1939 (both as specified in paragraph (k)(1) of this section; i.e., all numerators, denominators, the general denominator, and the ignit ion cycle counter), the date the data were collected, the odometer reading, the VIN, and the calibration ID.

( v) The manufacturer must submit a plan to the Administrator that details the types of production vehicles in each monitoring performance group, t he number of vehicles per group to be sampled, the sampling method, the timeline to collect the data, and the reporting format. The plan must provide for effective collection of data from, at least, 15 vehicles per monitoring performance group and provide for data that represent a broad range of temperature conditions. The plan shall not, by design, exclude or include specific vehicles in an attempt to collect data only from vehicles expected to have the highest in

- use performance ratios.

( vi) The 12 month deadline for reporting may be extended to 18 months if the manufacturer can show that the delay is justified. In such a case, an interim report of progress to date must be submitted within the 12 month deadline.

( k) Standardization requirements

(1) Refe rence materials. The following documents are incorporated by reference, see § 86.1. Anyone may inspect copies at the U.S. EPA or at the National Archives and Records Administration (NARA). For information on the availability of this material
at U.S. EPA, N ARA, or the standard making bodies directly, refer to § 86.1.

( i) SAE J1930, Revised April 2002.

( ii) SAE J1939, Revised October 2007.

( iii) SAE J1939

- 13, Revised March 2004, for model years 2013 and later.

( iv) SAE J1939

- 73, Revised September 2006

.

( v) SAE J1962, Revised April 2002, for model years 2013 and later.

( vi) SAE J1978, Revised April 2002.

( vii) SAE J1979, Revised May 2007.

( viii) SAE J2012, Revised April 2002.Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 70 of 101 ( ix) SAE J2403, Revised August 2007.

( x) ISO 15765

- 4:2005(E), January 15 , 2005.

( 2) Diagnostic connector. For model years 2010 through 2012, the manufacturer

defined data link connector must be accessible to a trained service technician. For model years 2013 and later, a standard data link connector conforming to SAE J1962 (a s specified in paragraph (k)(1) of this section) or SAE J1939

- 13 (as specified in paragraph (k)(1) of this section) specifications (except as provided for in paragraph (k)(2)(iii) if this section) must be included in each vehicle.

( i) For model years 2013 and later, the connector must be located in the driver ’ s side foot

- well region of the vehicle interior in the area bound by the driver ’ s side of

the vehicle and the driver ’ s side edge of the center console (or the vehicle centerline

if the vehicle does no t have a center console) and at a location no higher than the bottom of the steering wheel when in the lowest adjustable position. The connector shall not be located on or in the center console (i.e., neither on the horizontal faces

near the floor

- mounted gear selector, parking brake lever, or cup

- holders nor on the vertical faces near the car stereo, climate system, or navigation system controls). The location of the connector shall be capable of being easily identified and accessed (e.g., to connect an of f

- board tool). For vehicles equipped with a driver ’ s side door, the connector must be identified and accessed easily by someone standing (or “ crouched ” ) on the ground outside the driver ’ s side of the vehicle with

the driver ’ s side door open. The Administra tor may approve an alternative location upon request from the manufacturer. In all cases, the installation position of the connector must be both identified and accessed easily by someone standing outside the vehicle and protected from accidental damage du ring normal vehicle use.

( ii) For model years 2013 and later, if the connector is covered, the cover must be removable by hand without the use of any tools and be labeled “ OBD ” to aid technicians in identifying the location of the connector. Access to the diagnostic connector shall not require opening or the removal of any storage accessory (e.g., ashtray, coinbox). The label must clearly identify that the connector is located behind the cover and is consistent with language and/or symbols commonly used in the automobile and/or heavy truck industry.

( iii) For model years 2013 and later, if the ISO 15765

- 4:2005(E) (as specified in paragraph (k)(1) of this section) communication protocol is used for the required OBD standardized functions, the connector must meet the “ Type A ” specifications of SAE J1962 (as specified in paragraph (k)(1) of this section). Any pins in the connector that provide electrical power must be properly fused to protect the integrity and usefulness of the connector for diagnostic purpos es and shall not exceed 20.0 Volts DC regardless of the nominal vehicle system or battery voltage (e.g., 12V, 24V, 42V).

( iv) For model years 2013 and later, if the SAE J1939 (as specified in paragraph (k)(1) of this section) protocol is used for the requ ired OBD standardized functions,Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 71 of 101 the connector must meet the specifications of SAE J1939

- 13 (as specified in paragraph (k)(1) of this section). Any pins in the connector that provide electrical power must be properly fused to protect the integrity and usef ulness of the connector for diagnostic purposes.

( v) For model years 2013 and later, the manufacturer may equip engines/vehicles with additional diagnostic connectors for manufacturer

- specific purposes (i.e., purposes other than the required OBD functions ). However, if the additional

connector conforms to the “ Type A ” specifications of SAE J1962 (as specified in paragraph (k)(1) of this section) or the specifications of SAE J1939

- 13 (as specified in paragraph (k)(1) of this section) and is located in the v ehicle interior near the required connector as described in this paragraph (k)(2), the connector(s) must be labeled clearly to identify which connector is used to access the standardized OBD information required by paragraph (k) of this section.

( 3) Commu nications to a scan tool. For model years 2013 and later, all OBD control modules (e.g., engine, auxiliary emission control module) on a single vehicle must use the same protocol for communication of required emission

- related messages from

on

- board to off

- board network communications to a scan tool meeting SAE J1978 (as specified in paragraph (k)(1) of this section) specifications or designed to communicate with an SAE J1939 (as specified in paragraph (k)(1) of this section) network. Engine manufacturers sh all not alter normal operation of the engine emission control system due to the presence of off

- board test equipment accessing information required by this paragraph (k). The OBD system must use one of the following standardized protocols:

( i) ISO 15765

- 4 :2005(E) (as specified in paragraph (k)(1) of this section). All required emission

- related messages using this protocol must use a 500 kbps baud

rate.

( ii) SAE J1939 (as specified in paragraph (k)(1) of this section). This protocol may only be used on veh icles with diesel engines.

( 4) Required emission related functions. The following functions must be implemented and must be accessible by, at a minimum, a manufacturer scan tool. For model years 2013 and later, the following standardized functions must be implemented in accordance with the specifications in SAE J1979 (as specified in paragraph (k)(1) of this section) or SAE J1939 (as specified in paragraph (k)(1) of this section) to allow for access to the required information by a scan tool meeting

SAE J1 978 (as specified in paragraph (k)(1) of this section) specifications or designed to communicate with an SAE J1939 (as specified in paragraph (k)(1) of this section)

network:

( i) Ready status. The OBD system must indicate, in accordance with SAE J1979 or

SAE J1939

- 73 (both as specified in paragraph (k)(1) of this section) specifications for model years 2013 and later, “ complete ” or “ not complete ” for each of the installed monitored components and systems identified in paragraphs (g), (h) withRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 72 of 1 01 the exception of (h)(4), and (i)(3) of this section. All components or systems identified in paragraphs (h)(1), (h)(2), or (i)(3) of this section that are monitored continuously must always indicate “ complete. ” Components or systems that are not subject to being monito red continuously must immediately indicate “ complete ” upon the respective monitor(s) being executed fully and determining that the component or system is not malfunctioning. A component or system must also

indicate “ complete ” if, after the requisite number of decisions necessary for determining MIL status has been executed fully, the monitor indicates a malfunction of the component or system. The status for each of the monitored components or systems must indicate “ not complete ” whenever diagnostic memory

h as been cleared or erased by a means other than that allowed in paragraph (b) of this section. Normal vehicle shut down (i.e., key

- off/engine

- off) shall not cause the

status to indicate “ not complete. ”

( A) The manufacturer may request that the ready statu s for a monitor be set to

indicate “ complete ” without the monitor having completed if monitoring is disabled for a multiple number of drive cycles due to the continued presence of extreme operating conditions (e.g., cold ambient temperatures, high altitude s). Any such request must specify the conditions for monitoring system disablement and the number of drive cycles that would pass without monitor completion before ready status would be indicated as “ complete. ”

( B) For the evaporative system monitor, the ready status must be set in accordance with this paragraph (k)(4)(i) when both the functional check of the purge valve and, if applicable, the leak detection monitor of the hole size specified in paragraph (h)(7)(ii)(B) of this section indicate that they a re complete.

( C) If the manufacturer elects to indicate ready status through the MIL in the key

on/engine

- off position as provided for in paragraph (b)(1)(iii) of this section, the ready status must be indicated in the following manner: If the ready statu s for all monitored components or systems is “ complete, ” the MIL shall remain continuously activated in the key

- on/engine

- off position for at least 10

- 20 seconds. If the ready status for one or more of the monitored components or systems is “ not complete, ” after at least 5 seconds of operation in the key

on/engine

- off position with the MIL activated continuously, the MIL shall blink once per second for 5

- 10 seconds. The data stream value for MIL status as required in paragraph (k)(4)(ii) of this section mus t indicate “ commanded off ” during this sequence unless the MIL has also been “ commanded on ” for a

detected malfunction.

( ii) Data stream. For model years 2010 through 2012, the following signals must be made available on demand through the data link conne ctor. For model years 2013 and later, the following signals must be made available on demand through the

standardized data link connector in accordance with SAE J1979 or SAE J1939 (both as specified in paragraph (k)(1) of this section) specifications. The actual signal value must always be used instead of a limp home value. Data link signals may report an error state or other predefined status indicator if they are defined forRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 73 of 101 those signals in the SAE J1979 or SAE J1939 (both as specified in paragraph (k)(1 ) of this section) specifications.

( A) For gasoline engines.

1

. Calculated load value, engine coolant temperature, engine speed, vehicle speed, and time elapsed since engine start.

2

. Absolute load, fuel level (if used to enable or disable any other mon itors), barometric pressure (directly measured or estimated), engine control module system voltage, and commanded equivalence ratio.

3

. Number of stored MIL

- on DTCs, catalyst temperature (if directly measured or estimated for purposes of enabling the cata lyst monitor(s)), monitor status (i.e., disabled for the rest of this drive cycle, complete this drive cycle, or not complete this drive cycle) since last engine shut

- off for each monitor used for ready status, distance traveled (or engine run time for eng ines not using vehicle speed information) while MIL activated, distance traveled (or engine run time for engines not using vehicle speed information) since DTC memory last erased, and number of warm

- up cycles since DTC memory last erased, OBD requirements to which the engine is certified (e.g., California OBD, EPA OBD, European OBD, non

- OBD) and MIL status (i.e., commanded

- on or commanded

- off).

( B) For diesel engines.

1

. Calculated load (engine torque as a percentage of maximum torque

available at the cur rent engine speed), driver ’ s demand engine torque (as a percentage of maximum engine torque), actual engine torque (as a percentage of maximum engine torque), reference engine maximum torque, reference maximum engine torque as a function of engine speed (s uspect parameter numbers (SPN) 539 through 543 defined by SAE J1939 (as specified in paragraph (k)(1) of this section) within parameter group number (PGN) 65251 for engine configuration), engine coolant temperature, engine oil temperature (if used for emis sion control or any OBD monitors), engine speed, and time elapsed since engine start.

2

. Fuel level (if used to enable or disable any other monitors), vehicle speed (if used for emission control or any OBD monitors), barometric pressure (directly measured or estimated), and engine control module system voltage.

3

. Number of stored MIL

- on DTCs, monitor status (i.e., disabled for the rest of this drive cycle, complete this drive cycle, or not complete this drive cycle) since last engine shut

- off for each mo nitor used for ready status, distance traveled (or engine run time for engines not using vehicle speed information) while MIL activated, distance traveled (or engine run time for engines not using vehicle speed information) since DTC memory last erased, nu mber ofRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 74 of 101 warm

- up cycles since DTC memory last erased, OBD requirements to which the engine is certified (e.g., California OBD, EPA OBD, European OBD, non

OBD), and MIL status (i.e., commanded

- on or commanded

- off).

4

. NOx NTE control area status (i.e., insi de control area, outside control area,

inside manufacturer

- specific NOx NTE carve

- out area, or deficiency active area) and PM NTE control area status (i.e., inside control area, outside control area, inside manufacturer

- specific PM NTE carve

- out area, or d eficiency active area).

5

. For purposes of the calculated load and torque parameters in paragraph (k)(4)(ii)(B)(1) of this section, manufacturers must report the most accurate values that are calculated within the applicable electronic control unit (e.g., the engine control module). Most accurate, in this context, must be of sufficient accuracy, resolution, and filtering to be used for the purposes of in

use emission testing with the engine still in a vehicle (e.g., using portable emission measurement equi pment).

( C) For all engines so equipped.

1

. Absolute throttle position, relative throttle position, fuel control system status (e.g., open loop, closed loop), fuel trim, fuel pressure, ignition timing advance, fuel injection timing, intake air/manifo ld temperature, engine intercooler temperature, manifold absolute pressure, air flow rate from mass air flow sensor, secondary air status (upstream, downstream, or atmosphere), ambient air temperature, commanded purge valve duty cycle/position,

commanded E GR valve duty cycle/position, actual EGR valve duty cycle/position, EGR error between actual and commanded, PTO status (active or not active), redundant absolute throttle position (for electronic throttle or other systems that utilize two or more sensors), absolute pedal position, redundant absolute pedal position, commanded throttle motor position, fuel rate, boost pressure, commanded/target boost pressure, turbo inlet air temperature, fuel rail pressure, commanded fuel rail pressure, DPF inlet pressure, D PF inlet temperature, DPF outlet pressure, DPF outlet temperature, DPF delta pressure, exhaust pressure sensor output, exhaust gas temperature sensor output, injection control pressure, commanded injection control pressure, turbocharger/turbine speed, vari able geometry turbo position, commanded variable geometry turbo position, turbocharger compressor inlet temperature, turbocharger compressor inlet pressure, turbocharger turbine inlet temperature, turbocharger turbine outlet temperature, waste gate valve

p osition, and glow plug lamp status.

2

. Oxygen sensor output, air/fuel ratio sensor output, NOx sensor output, and evaporative system vapor pressure.

( iii) Freeze frame.Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 75 of 101 (A) For model years 2010 through 2012, “ Freeze frame ” information required to

be sto red pursuant to paragraphs (b)(2)(iv), (h)(1)(iv)(D), and (h)(2)(vi) of this section must be made available on demand through the data link connector. For model years 2013 and later, “ Freeze frame ” information required to be stored pursuant to paragraphs ( b)(2)(iv), (h)(1)(iv)(D), and (h)(2)(vi) of this section must be made available on demand through the standardized data link connector in

accordance with SAE J1979 or SAE J1939

- 73 (both as specified in paragraph (k)(1) of this section) specifications.

( B) “ Freeze frame ” conditions must include the DTC that caused the data to be stored along with all of the signals required in paragraphs (k)(4)(ii)(A)(1) and (k)(4)(ii)(B)(1) of this section. Freeze frame conditions must also include all of the signals requi red on the engine in paragraphs (k)(4)(ii)(A)(2) and (k)(4)(ii)(B)(2) of this section, and paragraph (k)(4)(ii)(C)(1) of this section that are used for diagnostic or control purposes in the specific monitor or emission

critical powertrain control unit that stored the DTC.

( C) Only one frame of data is required to be recorded. For model years 2010 through 2012, the manufacturer may choose to store additional frames provided that at least the required frame can be read by, at a minimum, a manufacturer scan

t ool. For model years 2013 and later, the manufacturer may choose to store additional frames provided that at least the required frame can be read by a scan tool meeting SAE J1978 (as specified in paragraph (k)(1) of this section) specifications or designed to communicate with an SAE J1939 (as specified in paragraph (k)(1) of this section) network.

( iv) Diagnostic trouble codes.

(A) For model years 2010 through 2012, For all monitored components and systems, any stored pending, MIL

- on, and previous

- MIL

- on DTCs must be made available through the diagnostic connector. For model years 2013 and later, all monitored components and systems, any stored pending, MIL

- on, and previous

MIL

- on DTCs must be made available through the diagnostic connector in a

standardiz ed format in accordance with SAE J1939 (as specified in paragraph (k)(1) of this section) or ISO 15765

- 4:2005(E) (as specified in paragraph (k)(1) of this section) specifications; standardized DTCs conforming to the applicable standardized specifications m ust be employed.

( B) The stored DTC must, to the extent possible, pinpoint the probable cause of the malfunction or potential malfunction. To the extent feasible, the manufacturer must use separate DTCs for every monitor where the monitor and repair

proce dure or probable cause of the malfunction is different. In general, rationality and functional checks must use different DTCs than the respective circuit integrity checks. Additionally, to the extent possible, input component circuit integrity checks must use different DTCs for distinct malfunctions (e.g., out

- of

range low, out

- of

- range high, open circuit).Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 76 of 101 ( C) The manufacturer must use appropriate standard

- defined DTCs whenever possible. With Administrator approval, the manufacturer may use manufacturer

d efined DTCs in accordance with the applicable standard ’ s specifications. To do so, the manufacturer must be able to show a lack of available standard

- defined DTCs, uniqueness of the monitor or monitored component, expected future usage

of the monitor or co mponent, and estimated usefulness in providing additional diagnostic and repair information to service technicians. Manufacturer

- defined DTCs must be used in a consistent manner (i.e., the same DTC shall not be used to represent two different failure modes ) across a manufacturer ’ s entire product

line.

( D) For model years 2010 through 2012, a pending or MIL

- on DTC (as required in paragraphs (g) through (i) of this section) must be stored and available to, at a minimum, a manufacturer scan tool within 10 sec onds after a monitor has determined that a malfunction or potential malfunction has occurred. A permanent DTC must be stored and available to, at a minimum, a manufacturer scan tool no later than the end of an ignition cycle in which the corresponding MIL

- on DTC that caused MIL activation has been stored. For model years 2013 and later, a pending or MIL

- on DTC (as required in paragraphs (g) through (i) of this section) must be stored and available to an SAE J1978 (as specified in paragraph (k)(1) of

this se ction) or SAE J1939 (as specified in paragraph (k)(1) of this section) scan

tool within 10 seconds after a monitor has determined that a malfunction or potential malfunction has occurred. A permanent DTC must be stored and available to an SAE J1978 (as spe cified in paragraph (k)(1) of this section) or SAE J1939 (as specified in paragraph (k)(1) of this section) scan tool no later than the end of an ignition cycle in which the corresponding MIL

- on DTC that caused

MIL activation has been stored.

( E) For mode l years 2010 through 2012, pending DTCs for all components and systems (including those monitored continuously and non

- continuously) must be made available through the diagnostic connector. For model years 2013 and later, pending DTCs for all components an d systems (including those monitored continuously and non

- continuously) must be made available through the diagnostic connector in accordance with the applicable standard ’ s specifications. For all model years, a manufacturer using alternative statistical p rotocols for MIL activation as allowed in paragraph (b)(2)(iii) of this section must submit the details of their protocol for setting pending DTCs. The protocol must be, overall, equivalent to the requirements of this paragraph (k)(4)(iv)(E) and provide se rvice technicians with a quick and accurate indication of a potential malfunction.

( F) For model years 2010 through 2012, permanent DTC for all components and systems must be made available through the diagnostic connector in a format that distinguishes p ermanent DTCs from pending DTCs, MIL

- on DTCs, and previous

MIL

- on DTCs. A MIL

- on DTC must be stored as a permanent DTC no later than the end of the ignition cycle and subsequently at all times that the MIL

- on DTC is commanding the MIL on. For model years 2 013 and later, permanent DTC for all components and systems must be made available through the diagnostic connectorRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 77 of 101 in a standardized format that distinguishes permanent DTCs from pending DTCs,

MIL

- on DTCs, and previous

- MIL

- on DTCs. A MIL

- on DTC must be st ored as a permanent DTC no later than the end of the ignition cycle and subsequently at all

times that the MIL

- on DTC is commanding the MIL on. For all model years, permanent DTCs must be stored in non

- volatile random access memory (NVRAM) and shall not be erasable by any scan tool command or by disconnecting power to the on

- board computer. Permanent DTCs must be erasable if the engine control module is reprogrammed and the ready status described in paragraph (k)(4)(i) of this section for all monitored comp onents and

systems are set to “ not complete. ” The OBD system must have the ability to store

a minimum of four current MIL

- on DTCs as permanent DTCs in NVRAM. If the

number of MIL

- on DTCs currently commanding activation of the MIL exceeds

the maximum number of permanent DTCs that can be stored, the OBD system

must store the earliest detected MIL

- on DTC as permanent DTC. If additional

MIL

- on DTCs are stored when the maximum number of permanent DTCs is already stored in NVRAM, the OBD system shall not replace any existing permanent DTC with the additional MIL

- on DTCs.

( v) Test results.

(A) For model years 2010 through 2012 and except as provided for in paragraph (k)(4)(v)(G) of this section, for all monitored components and systems identified in paragraphs (g ) and (h) of this section, results of the most recent monitoring of the components and systems and the test limits established for monitoring the respective components and systems must be stored and available through the data link. For model years 2013 and later and except as provided for in paragraph (k)(4)(v)(G) of this section, for all monitored components and systems identified in paragraphs (g) and (h) of this section, results of the most recent monitoring of the components and systems and the test lim its established for monitoring the respective components and systems must be stored and available through the data link in accordance with the standardized format specified in SAE J1979 (as specified in paragraph (k)(1) of this section) for engines using t he ISO 15765

- 4:2005(E) (as specified in paragraph (k)(1) of this section) protocol or SAE J1939 (as specified in paragraph (k)(1) of this section).

( B) The test results must be reported such that properly functioning components and systems (e.g., “ passing ” systems) do not store test values outside of the

established test limits. Test limits must include both minimum and maximum acceptable values and must be defined so that a test result equal to either test limit

is a “ passing ” value, not a “ failing ” value

.

( C) For model years 2013 and later, the test results must be standardized such that the name of the monitored component (e.g., catalyst bank 1) can be identified by a generic scan tool and the test results and limits can be scaled and reported by a

gene ric scan tool with the appropriate engineering units.Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 78 of 101 ( D) The test results must be stored until updated by a more recent valid test result or the DTC memory of the OBD system computer is cleared. Upon DTC memory being cleared, test results reported for mo nitors that have not yet completed with valid test results since the last time the fault memory was cleared must report

values of zero for the test result and test limits.

( E) All test results and test limits must always be reported and the test results

m ust be stored until updated by a more recent valid test result or the DTC memory of the OBD system computer is cleared.

( F) The OBD system must store and report unique test results for each separate

monitor.

( G) The requirements of this paragraph (k)(4)( v) do not apply to continuous fuel system monitoring, cold start emission reduction strategy monitoring, and continuous circuit monitoring.

( vi) Software calibration identification (CAL ID). On all engines, a single software

calibration identification num ber (CAL ID) for each monitor or emission critical control unit(s) must be made available through, for model years 2010 through 2012, the data link connector or, for model years 2013 and later, the standardized data link

connector in accordance with the SA E J1979 or SAE J1939 (both as specified in paragraph (k)(1) of this section) specifications. A unique CAL ID must be used for every emission

- related calibration and/or software set having at least one bit of different data from any other emission

- related c alibration and/or software set. Control units coded with multiple emission or diagnostic calibrations and/or software sets must indicate a unique CAL ID for each variant in a manner that

enables an off

- board device to determine which variant is being used by the engine. Control units that use a strategy that will result in MIL activation if the incorrect variant is used (e.g., control units that contain variants for manual and automatic

transmissions but will activate the MIL if the selected variant does no t match the type of transmission mated to the engine) are not required to use unique CAL IDs. Manufacturers may request Administrator approval to respond with more than one CAL ID per diagnostic or emission critical control unit. Administrator approval of the request shall be based on the method used by the manufacturer to ensure each control unit will respond to a scan tool with the CAL IDs in order of highest to lowest priority with regards to areas of the software most critical to emission and OBD system performance.

( vii) Software calibra tion verification number (CVN).

(A) All engines must use an algorithm to calculate a single calibration verification number (CVN) that verifies the on

- board computer software integrity for each

monitor or emission crit ical control unit that is electronically reprogrammable. The CVN must be made available through, for model years 2010 through 2012, the data link connector or, for model years 2013 and later, the standardized data

link connector in accordance with the SAE J1979 or SAE J1939 (both as specifiedRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 79 of 101 in paragraph (k)(1) of this section) specifications. The CVN must indicate

whether the emission

- related software and/or calibration data are valid and applicable for the given vehicle and CAL ID. For systems having mor e than one CAL ID as allowed under paragraph (k)(4)(vi) of this section, one CVN must be made available for each CAL ID and must be output to a scan tool in the same order as the corresponding CAL IDs. For 2010 through 2012, manufacturers may

use a default value for the CVN if their emissions critical powertrain control modules are not programmable in the field. For all years, manufacturers may use a default value for the CVN if their emissions critical powertrain control modules

are one

- time programmable o r masked read

- only memory. Any default CVN shall be 00000000 for systems designed in accordance with the SAE J1979 (as specified in paragraph (k)(1) of this section) specifications, and FFFFFFFFh for systems designed in accordance with the SAE J1939 (as sp ecified in paragraph (k)(1) of this section) specifications.

( B) The CVN algorithm used to calculate the CVN must be of sufficient complexity that the same CVN is difficult to achieve with modified calibration

values.

( C) The CVN must be calculated at le ast once per ignition cycle and stored until the CVN is subsequently updated. Except for immediately after a reprogramming

event or a non

- volatile memory clear or for the first 30 seconds of engine operation after a volatile memory clear or battery disconn ect, the stored value must be made available through, for model years 2010 through 2012, the data link connector to, at a minimum, a manufacturer scan tool or, for model years 2013 and later, the data link connector to a generic scan tool in accordance wit h SAE J1979 or SAE J1939 (both as specified in paragraph (k)(1) of this section) specifications. For model years 2010 through 2012, the stored CVN value shall not be erased when DTC memory is erased or during normal vehicle shut down (i.e., key

- off/engine

- off). For model years 2013 and later, the stored CVN value shall not be erased when DTC memory is erased by a generic scan tool in accordance with SAE J1979 or SAE J1939 (both as specified in paragraph (k)(1) of this section) specifications or during norma l vehicle shut down (i.e., key

off/engine

- off).

( D) For model years 2013 and later, the CVN and CAL ID combination information must be available for all engines/vehicles in a standardized electronic

format that allows for off

- board verification that the C VN is valid and appropriate for a specific vehicle and CAL ID.

( viii) Vehic le identification number (VIN).

(A) For model years 2010 through 2012, all vehicles must have the vehicle identification number (VIN) available through the data link connector to, at a minimum, a manufacturer scan tool Only one electronic control unit per vehicle may report the VIN to a scan tool. For model years 2013 and later, all vehicles must have the vehicle identification number (VIN) available in a standardizedRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 80 of 101 format throug h the standardized data link connector in accordance with SAE J1979 or SAE J1939 (both as specified in paragraph (k)(1) of this section) specifications. Only one electronic control unit per vehicle may report the VIN to an SAE J1978 or SAE J1939 (both as s pecified in paragraph (k)(1) of this section)

scan tool.

( B) If the VIN is reprogrammable, all emission

- related diagnostic information identified in paragraph (k)(4)(ix)(A) of this section must be erased in conjunction with reprogramming of the VIN.

( ix) Era sure of diagnostic information.

(A) For purposes of this paragraph (k)(4)(ix), “ emission

- related diagnostic

information ” includes all of the following: ready status as required by paragraph (k)(4)(i) of this section; data stream information as require d by paragraph (k)(4)(ii) of this section including the number of stored MIL

- on DTCs, distance traveled while MIL activated, number of warm

- up cycles since DTC memory last erased, and distance traveled since DTC memory last erased; freeze frame

information as required by paragraph (k)(4)(iii) of this section; pending, MIL

- on, and previous

- MIL

- on DTCs as required by paragraph (k)(4)(iv) of this section; and, test results as required by paragraph (k)(4)(v) of this section.

( B) For all engines, the emission

- r elated diagnostic information must be erased if commanded by any scan tool and may be erased if the power to the on

- board computer is disconnected. If any of the emission

- related diagnostic information is commanded to be erased by any scan tool, all emissi on

- related diagnostic information must be erased from all diagnostic or emission critical control units. The OBD system shall not allow a scan tool to erase a subset of the emission

related diagnostic information (e.g., the OBD system shall not allow a sca n tool to erase only one of three stored DTCs or only information from one control unit without erasing information from the other control unit(s)).

( 5) In

- use performan ce ratio tracking requirements.

(i) For each monitor required in paragraphs (g) throu gh (i) of this section to separately report an in

- use performance ratio, manufacturers must implement software algorithms to, for model years 2010 through 2012, report a numerator and denominator or, for model years 2013 and later, report a numerator and

d enominator in the standardized format specified in this paragraph (k)(5) in accordance with the SAE J1979 or SAE J1939 (both as specified in paragraph (k)(1) of this section) specifications.

( ii) For the numerator, denominator, general denominator, and ig nition cycle counters required by paragraph (e) of this section, the following numerical value specifications apply:Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 81 of 101 ( A) Each number shall have a minimum value of zero and a maximum value of 65,535 with a resolution of one.

( B) Each number shall be reset to zero only when a non

- volatile random access memory (NVRAM) reset occurs (e.g., reprogramming event) or, if the numbers are stored in keep

- alive memory (KAM), when KAM is lost due to an interruption in electrical power to the control unit (e.g., battery disconnect). Numbers shall not be reset to zero under any other circumstances including when a scan tool

command to clear DTCs or reset KAM is received.

( C) To avoid overflow problems, if either the numerator or denominator for a specific component reach es the maximum value of 65,535 ±2, both numbers shall be divided by two before either is incremented again.

( D) To avoid overflow problems, if the ignition cycle counter reaches the maximum value of 65,535 ±2, the ignition cycle counter shall rollover and increment to zero on the next ignition cycle.

( E) To avoid overflow problems, if the general denominator reaches the maximum value of 65,535 ±2, the general denominator shall rollover and increment to zero on the next drive cycle that meets the general d enominator

definition.

( F) If a vehicle is not equipped with a component (e.g., oxygen sensor bank 2, secondary air system), the corresponding numerator and denominator for that specific component shall always be reported as zero.

( iii) For the ratio req uired by paragraph (e) of this section, the following numerical value specifications apply:

( A) The ratio shall have a minimum value of zero and a maximum value of

7.99527 with a resolution of 0.000122.

( B) The ratio for a specific component shall be con sidered to be zero whenever the corresponding numerator is equal to zero and the corresponding denominator

is not zero.

( C) The ratio for a specific component shall be considered to be the maximum value of 7.99527 if the corresponding denominator is zero or if the actual value of the numerator divided by the denominator exceeds the maximum value of

7.99527.

( 6) Engine run time tracking requirements.

(i) For all gasoline and diesel engines, the manufacturer must implement software algorithms to, for model years 2010 through 2012, track and report individually or,Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 82 of 101 for model years 2013 and later, track and report individually in a standardized format the amount of time the engine has been operated in the following conditions:

( A) Total engine run time.

( B) Total idle run time (with “ idle ” defined as accelerator pedal released by the driver, engine speed less than or equal to 200 rpm above normal warmed

- up idle (as determined in the drive position for vehicles equipped with an automatic transmission) or vehi cle speed less than or equal to one mile per hour, and power

take

- off not active).

( C) Total run time with power take off active.

( ii) For each counter specified in paragraph (k)(6)(i) of this section, the following numerical value specifications apply:

( A) Each number shall be a four

- byte value with a minimum value of zero, a resolution of one second per bit, and an accuracy of ± ten seconds per drive cycle.

( B) Each number shall be reset to zero only when a non

- volatile memory reset occurs (e.g., repr ogramming event). Numbers shall not be reset to zero under any other circumstances including when a scan tool (generic or enhanced) command

to clear fault codes or reset KAM is received.

( C) To avoid overflow problems, if any of the individual counters re ach the maximum value, all counters shall be divided by two before any are incremented again.

( D) For model years 2010 through 2012, the counters shall be made available to, at a minimum, a manufacturer scan tool and may be rescaled when transmitted

from a resolution of one second per bit to no more than three minutes per bit. For model years 2013 and later, the counters shall be made available to a generic scan tool in accordance with the SAE J1979 or SAE J1939 (both as specified in paragraph (k)(1) of th is section) specifications and may be rescaled when transmitted, if required by the SAE specifications, from a resolution of one second per bit to no more than three minutes per bit.

( 7) For 2019 and subsequent model year alternative

- fueled engines derive d from a

diesel

- cycle engine, a manufacturer may meet the standardization requirements of paragraph (k) of this section that are applicable to diesel engines rather than the requirements applicable to gasoline engines.

( l) Monitoring system demonstration requirements for certification

(1) General.Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 83 of 101 (i) The manufacturer must submit emissions test data from one or more durability demonstration test engines (test engines).

( ii) The Administrator may approve other demonstration protocols if the

manufacturer can provide comparable assurance that the malfunction criteria are chosen based on meeting the malfunction criteria requirements and that the timeliness of malfunction detection is within the constraints of the applicable monitoring requirements.

( iii ) For flexible fuel engines capable of operating on more than one fuel or fuel combinations, the manufacturer must submit a plan for providing emission test data. The plan must demonstrate that testing will represent properly the expected in

- use fuel or fu el combinations.

( 2) Selection of test engines.

(i) Prior to submitting any applications for certification for a model year, the manufacturer must notify the Administrator regarding the planned engine families and engine ratings within each family for th at model year. The Administrator will select the engine family(ies) and the specific engine rating within the engine family(ies) that the manufacturer shall use as demonstration test engines. The selection of test vehicles for production evaluation testing as specified in paragraph (j)(2) of this section may take place during this selection process.

( ii) For model years 2010 through 2012. The manufacturer must provide emissions test data from the OBD parent rating as defined in paragraph (o)(1) of this sec tion.

( iii) For model years 2013 and later.

(A) A manufacturer certifying one to five engine families in a given model year must provide emissions test data for a single test engine from one engine rating. A manufacturer certifying six to ten engine fami lies in a given model year must provide emissions test data for a single test engine from two different engine ratings. A manufacturer certifying eleven or more engine families in a given model year must provide emissions test data for a single test engine from three different engine ratings. A manufacturer may forego submittal of test data for one or more of these test engines if data have been submitted previously for all of the engine ratings and/or if all requirements for certification carry

- over from o ne model year to the next are satisfied.

( B) For a given model year, a manufacturer may elect to provide emissions data for test engines from more engine ratings than required by paragraph (l)(2)(iii)(A) of this section. For each additional engine rating tested in that given model year, the number of engine ratings required for testing in one future model year will be reduced by one.Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 84 of 101 ( iv) For the test engine, the manufacturer must use an engine (excluding aftertreatment devices) aged for a minimum of 125 hours fitted with exhaust aftertreatment emission controls aged to be representative of useful life aging. In the event that an accelerated aging procedure is used, the manufacturer is required to submit a description of the accelerated aging process and/o r supporting data or use the accelerated aging procedure used for emission certification deterioration factor generation. The process and/or data must demonstrate that deterioration of the exhaust aftertreatment emission controls is stabilized sufficiently such that it represents emission control performance at the end of the useful life.

( 3) Required testing. Except as otherwise described in this paragraph (l)(3), the manufacturer must perform single malfunction testing based on the applicable test

with t he components/systems set at their malfunction criteria limits as determined by the manufacturer for meeting the emissions thresholds required in paragraphs (g), (h), and (i) of this section.

( i) Required testing for diesel

- fueled/compression ignition eng ines

(A) Fuel system. The manufacturer must perform a separate test for each malfunction limit established by the manufacturer for the fuel system parameters (e.g., fuel pressure, injection timing) specified in paragraphs (g)(1)(ii)(A) through (g)(1)(ii)( C) and/or (g)(1)(ii)(D) of this section, if applicable, of this section. When performing a test for a specific parameter, the fuel system must be operating at the malfunction criteria limit for the applicable parameter only. All other parameters must be op erating with normal characteristics. In conducting the fuel system demonstration tests, the manufacturer may use computer modifications to cause the fuel system to operate at the malfunction limit if the manufacturer can demonstrate that the computer modif ications produce test results equivalent to an induced hardware malfunction.

( B) Engine misfire. For model years 2013 and later, the manufacturer must perform a test at the malfunction limit established by the manufacturer for the monitoring required by p aragraph (g)(2)(ii)(B) of this section.

( C) EGR system. The manufacturer must perform a separate test for each malfunction limit established by the manufacturer for the EGR system parameters (e.g., low flow, high flow, slow response) specified in paragrap hs (g)(3)(ii)(A) through (g)(3)(ii)(C) and in (g)(3)(ii)(E) of this section. In conducting the EGR system slow response demonstration tests, the manufacturer may use computer modifications to cause the EGR system to operate at the malfunction limit if the manufacturer can demonstrate that the computer modifications produce test results equivalent to an induced hardware malfunction.

( D) Turbo boost control system. The manufacturer must perform a separate test for each malfunction limit established by the ma nufacturer for the turbo boost control system parameters (e.g., underboost, overboost, response) specified in paragraphs (g)(4)(ii)(A) through (g)(4)(ii)(C) and in (g)(4)(ii)(E) of this section.Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 85 of 101 ( E) NMHC catalyst. The manufacturer must perform a separate test for each monitored NMHC catalyst(s). The catalyst(s) being evaluated must be deteriorated to the applicable malfunction limit established by the manufacturer for the monitoring required by paragraph (g)(5)(ii)(A) of this section and using

methods esta blished by the manufacturer in accordance with paragraph (l)(7) of this section. For each monitored NMHC catalyst(s), the manufacturer must also demonstrate that the OBD system will detect a catalyst malfunction with the catalyst at its maximum level of de terioration (i.e., the substrate(s) completely removed from the catalyst container or “ empty ” can). Emissions data are not required for the empty can demonstration.

( F) NOx catalyst. The manufacturer must perform a separate test for each

monitored NOx cat alyst(s) (e.g., SCR catalyst). The catalyst(s) being evaluated must be deteriorated to the applicable malfunction criteria established by the manufacturer for the monitoring required by paragraphs (g)(6)(ii)(A) and (g)(6)(ii)(B) of this section and using m ethods established by the manufacturer in accordance with paragraph (l)(7) of this section. For each monitored NOx catalyst(s), the manufacturer must also demonstrate that the OBD system will detect a catalyst malfunction with the catalyst at its maximum l evel of deterioration (i.e., the substrate(s) completely removed from the catalyst container

or “ empty ” can). Emissions data are not required for the empty can

demonstration.

( G) NOx adsorber. The manufacturer must perform a test using a NOx adsorber(s)

d eteriorated to the applicable malfunction limit established by the manufacturer for the monitoring required by paragraph (g)(7)(ii)(A) of this section. The manufacturer must also demonstrate that the OBD system will detect a NOx

adsorber malfunction with t he NOx adsorber at its maximum level of deterioration (i.e., the substrate(s) completely removed from the container or

“ empty ” can). Emissions data are not required for the empty can demonstration.

( H) Diesel particulate filter. The manufacturer must perf orm a separate test using a DPF deteriorated to the applicable malfunction limits established by the manufacturer for the monitoring required by paragraph (g)(8)(ii)(A) and (g)(8)(ii)(B) of this section. For systems using the optional DPF monitoring provis ion of paragraph (g)(8)(ii)(A) of this section, the manufacturer must perform a separate test using a DPF modified in a manner approved by the Administrator (e.g., drilling of wallflow channel end plugs, drilling of through holes, etc.) and testing at each of the nine test points specified in paragraph (g)(8)(ii)(A) of this section. The manufacturer must also demonstrate that the OBD system will detect a DPF malfunction with the DPF at its maximum level of deterioration (i.e., the filter(s) completely remov ed from the filter container or

“ empty ” can). Emissions data are not required for the empty can demonstration.

( I) Exhaust gas sensor. The manufacturer must perform a separate test for each malfunction limit established by the manufacturer for the monitor ing required inRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 86 of 101 paragraphs (g)(9)(ii)(A), (g)(9)(iii)(A), and (g)(9)(iv)(A) of this section. When performing a test, all exhaust gas sensors used for the same purpose (e.g., for the same feedback control loop, for the same control feature on parallel exhau st banks) must be operating at the malfunction criteria limit for the applicable parameter only. All other exhaust gas sensor parameters must be operating with

normal characteristics.

( J) VVT system. The manufacturer must perform a separate test for each malfunction limit established by the manufacturer for the monitoring required in paragraphs (g)(10)(ii)(A) and (g)(10)(ii)(B) of this section. In conducting the VVT system demonstration tests, the manufacturer may use computer

modifications to cause the VV T system to operate at the malfunction limit if the manufacturer can demonstrate that the computer modifications produce test results equivalent to an induced hardware malfunction.

( K) For each of the testing requirements of this paragraph (l)(3)(i) of th is section, if the manufacturer has established that only a functional check is required because no failure or deterioration of the specific tested system could result in an engine ’ s emissions exceeding the applicable emissions thresholds, the

manufacturer is not required to perform a demonstration test; however, the manufacturer is required to provide the data and/or engineering analysis used to determine that only a functional test of the system(s) is required.

( ii) Required testing for gasoline

- fueled/s park

- ignition engines

(A) Fuel system. For engines with adaptive feedback based on the primary fuel control sensor(s), the manufacturer must perform a test with the adaptive feedback based on the primary fuel control sensor(s) at the rich limit(s) and a t est at the lean limit(s) established by the manufacturer as required by paragraph (h)(1)(ii)(A) of this section to detect a malfunction before emissions exceed applicable emissions thresholds. For engines with feedback based on a secondary fuel control sen sor(s) and subject to the malfunction criteria in paragraph (h)(1)(ii)(A) of this section, the manufacturer must perform a test with the feedback based on the secondary fuel control sensor(s) at the rich limit(s) and a test at the lean limit(s) established by the manufacturer as required by paragraph (h)(1)(ii)(A) of this section to detect a malfunction before emissions exceed the applicable emissions thresholds. For other fuel metering or control systems, the manufacturer must perform a test at the

criteri a limit(s). For purposes of fuel system testing as required by this paragraph (l)(3)(ii)(A), the malfunction(s) induced may result in a uniform distribution of fuel and air among the cylinders. Non uniform distribution of fuel and air used to

induce a malf unction shall not cause misfire. In conducting the fuel system demonstration tests, the manufacturer may use computer modifications to cause the fuel system to operate at the malfunction limit. To do so, the manufacturer

must be able to demonstrate that th e computer modifications produce test results equivalent to an induced hardware malfunction.Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 87 of 101 ( B) Misfire. The manufacturer must perform a test at the malfunction criteria limit specified in paragraph (h)(2)(ii)(B) of this section.

( C) EGR system. The man ufacturer must perform a test at each flow limit calibrated to the malfunction criteria specified in paragraphs (h)(3)(ii)(A) and (h)(3)(ii)(B) of this section.

( D) Cold start emission reduction strategy. The manufacturer must perform a test

at the malfun ction criteria for each component monitored according to paragraph (h)(4)(ii)(A) of this section.

( E) Secondary air system. The manufacturer must perform a test at each flow limit calibrated to the malfunction criteria specified in paragraphs (h)(5)(ii)(A ) and (h)(5)(ii)(B) of this section.

( F) Catalyst. The manufacturer must perform a test using a catalyst system deteriorated to the malfunction criteria specified in paragraph (h)(6)(ii) of this section using methods established by the manufacturer in acc ordance with paragraph (l)(7)(ii) of this section. The manufacturer must also demonstrate that the OBD system will detect a catalyst system malfunction with the catalyst system at its maximum level of deterioration (i.e., the substrate(s) completely remove d from the catalyst container or “ empty ” can). Emission data are not required for the empty can demonstration.

( G) Exhaust gas sensor. The manufacturer must perform a test with all primary exhaust gas sensors used for fuel control simultaneously possessin g a response rate deteriorated to the malfunction criteria limit specified in paragraph (h)(8)(ii)(A) of this section. The manufacturer must also perform a test for any other primary or secondary exhaust gas sensor parameter under parargraphs (h)(8)(ii)(A) and (h)(8)(iii)(A) of this section that can cause engine emissions to exceed the applicable emissions thresholds (e.g., shift in air/fuel ratio at which oxygen sensor switches, decreased amplitude). When performing additional test(s), all primary and seco ndary (if applicable) exhaust gas sensors used for emission control must be operating at the malfunction criteria limit for the applicable parameter only. All other primary and secondary exhaust gas sensor parameters must be operating with normal character istics.

( H) VVT system. The manufacturer must perform a test at each target error limit and slow response limit calibrated to the malfunction criteria specified in paragraphs (h)(9)(ii)(A) and (h)(9)(ii)(B) of this section. In conducting the VVT system de monstration tests, the manufacturer may use computer modifications to cause the VVT system to operate at the malfunction limit. To do so, the manufacturer must be able to demonstrate that the computer modifications produce test results equivalent to an ind uced hardware malfunction.

( I) For each of the testing requirements of this paragraph (l)(3)(ii), if the manufacturer has established that only a functional check is required because noRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 88 of 101 failure or deterioration of the specific tested system could cause an engine ’ s emissions to exceed the applicable emissions thresholds, the manufacturer is not required to perform a demonstration test; however the manufacturer is required to provide the data and/or engineering analyses used to determine that only a

function al test of the system(s) is required.

( iii) Required testing for all engines.

(A) Other emission control systems. The manufacturer must conduct demonstration tests for all other emission control components (e.g., hydrocarbon traps, adsorbers) designed an d calibrated to a malfunction limit based on an emissions threshold based on the requirements of paragraph (i)(4) of this section.

( B) For each of the testing requirements of paragraph (l)(3)(iii)(A) of this section,

if the manufacturer has established th at only a functional check is required because no failure or deterioration of the specific tested system could result in an engine ’ s emissions exceeding the applicable emissions thresholds, the manufacturer is not required to perform a demonstration test; however, the manufacturer is required to provide the data and/or engineering analysis used to determine that only a functional test of the system(s) is required.

( iv) The manufacturer may electronically simulate deteriorated components but

shall not make any engine control unit modifications when performing demonstration tests unless approved by the Administrator. All equipment necessary to duplicate the demonstration test must be made available to the Administrator

upon request.

( 4) Testing protocol

(i) Preconditioning. The manufacturer must use an applicable cycle for preconditioning test engines prior to conducting each of the emission tests required by paragraph (l)(3) of this section. The manufacturer may perform a single additional preconditioning c ycle, identical to the initial one, after a 20

- minute hot soak but must demonstrate that such an additional cycle is necessary to stabilize the emissions control system. A practice of requiring a cold soak prior to conducting preconditioning cycles is not permitted.

( ii) Test sequence.

(A) The manufacturer must set individually each system or component on the test engine at the malfunction criteria limit prior to conducting the applicable preconditioning cycle(s). If a second preconditioning cycle is perm itted in accordance with paragraph (l)(4)(i) of this section, the manufacturer may adjust the system or component to be tested before conducting the second preconditioning cycle. The manufacturer shall not replace, modify, or adjust the

system or component after the last preconditioning cycle has been completed.Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 89 of 101 ( B) After preconditioning, the test engine must be operated over the applicable cycle to allow for the initial detection of the tested system or component malfunction. This test cycle may be omitte d from the testing protocol if it is unnecessary. If required by the monitoring strategy being tested, a cold soak may be performed prior to conducting this test cycle.

( C) The test engine must then be operated over the applicable exhaust emissions

test.

( iii) A manufacturer required to test more than one test engine according to paragraph (l)(2)(iii) of this section may use internal calibration sign

- off test procedures (e.g., forced cool downs, less frequently calibrated emission analyzers)

instead of of ficial test procedures to obtain the emission test data required by this paragraph (l) of this section for all but one of the required test engines. The manufacturer may elect this option if the data from the alternative test procedure are representative o f official emissions test results. A manufacturer using this option is still responsible for meeting the malfunction criteria specified in paragraphs (g) through (i) of this section if and when emissions tests are performed in accordance

with official test procedures.

( iv) The manufacturer may request approval to use an alternative testing protocol for demonstration of MIL activation if the engine dynamometer emission test cycle does not allow all of a given monitor ’ s enable conditions to be satisfied. The manufacturer may request the use of an alternative engine dynamometer test cycle or the use of chassis testing to demonstrate proper MIL activation. To do so, the manufacturer must demonstrate the technical necessity for using an alternative test cycle an d the degree to which the alternative test cycle demonstrates that in

- use operation with the malfunctioning component will result in proper MIL activation.

( 5) Evaluation protocol. Full OBD engine ratings, as defined by paragraph (o)(1) of this section, s hall be evaluated according to the following protocol:

( i) For all tests conducted as required by paragraph (l) of this section, the MIL must activate before the end of the first engine start portion of the applicable test.

( ii) If the MIL activates prio r to emissions exceeding the applicable malfunction criteria limits specified in paragraphs (g) through (i), no further demonstration is required. With respect to the misfire monitor demonstration test, if the manufacturer

has elected to use the minimum mi sfire malfunction criteria of one percent as allowed in paragraphs (g)(2)(ii)(B), if applicable, and (h)(2)(ii)(B) of this section, no further demonstration is required provided the MIL activates with engine misfire occurring at the malfunction criteria li mit.

( iii) If the MIL does not activate when the system or component is set at its malfunction criteria limit(s), the criteria limit(s) or the OBD system is not acceptable.Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 90 of 101 ( A) Except for testing of the catalyst or DPF system, if the MIL first activates after emissions exceed the applicable malfunction criteria specified in paragraphs (g) through (i) of this section, the test engine shall be retested with the tested system or component adjusted so that the MIL will activate before emissions exceed the app licable malfunction criteria specified in paragraphs (g) through (i) of this section. If the component cannot be so adjusted because an alternative fuel or emission control strategy is used when a malfunction is detected (e.g., open loop fuel control used after an oxygen sensor malfunction is detected), the test engine shall be retested with the component adjusted to the worst acceptable limit (i.e., the applicable OBD monitor indicates that the component is performing at or slightly better than the malfunc tion criteria limit). When tested with the component so adjusted, the MIL must not activate during the test and the engine emissions must be below the applicable malfunction criteria specified in paragraphs (g) through (i) of this section.

( B) In test ing the catalyst or DPF system, if the MIL first activates after emissions exceed the applicable emissions threshold(s) specified in paragraphs (g) and (h), the tested engine shall be retested with a less deteriorated catalyst or DPF system (i.e., more of the applicable engine out pollutants are converted or trapped). For the OBD system to be approved, testing shall be continued until the MIL activates with emissions below the applicable thresholds of paragraphs (g) and (h) of this section, or the MIL activ ates with emissions within a range no more than 20 percent below the applicable emissions thresholds and 10 percent or less above

those emissions thresholds.

( iv) If an OBD system is determined to be unacceptable by the criteria of this paragraph (l)(5) o f this section, the manufacturer may recalibrate and retest the system on the same test engine. In such a case, the manufacturer must confirm, by retesting, that all systems and components that were tested prior to the recalibration and are affected by it still function properly with the recalibrated OBD system.

( 6) Confirmatory testing.

(i) The Administrator may perform confirmatory testing to verify the emission test data submitted by the manufacturer as required by this paragraph (l) of this section

co mply with its requirements and the malfunction criteria set forth in paragraphs (g) through (i) of this section. Such confirmatory testing is limited to the test engine(s) required by paragraph (l)(2) of this section.

( ii) To conduct this confirmatory tes ting, the Administrator may install appropriately deteriorated or malfunctioning components (or simulate them) in an otherwise properly functioning test engine of an engine rating represented by the demonstration test engine in order to test any of the com ponents or systems required to be tested by paragraph (l) of this section. The manufacturer shall make available, if requested, an engine and all test equipment (e.g., malfunction simulators, deteriorated components) necessary to duplicate the manufacturer ’ s testing. Such a request from the Administrator shall occur within six months of reviewing andRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 91 of 101 approving the demonstration test engine data submitted by the manufacturer for the specific engine rating.

( 7) Catalyst aging

(i) Diesel catalysts. For purpo ses of determining the catalyst malfunction limits for the monitoring required by paragraphs (g)(5)(ii)(A), (g)(5)(ii)(B), and (g)(6)(ii)(A) of this section, where those catalysts are monitored individually, the manufacturer must use a catalyst deteriorate d to the malfunction criteria using methods established by the manufacturer to represent real world catalyst deterioration under normal and malfunctioning engine operating conditions. For purposes of determining the catalyst malfunction limits for the moni toring required by paragraphs (g)(5)(ii)(A), (g)(5)(ii)(B), and (g)(6)(ii)(A) of this section, where those catalysts are monitored in combination with other catalysts, the manufacturer must submit their catalyst system aging and monitoring plan to the Admi nistrator as part of their certification documentation package. The plan must include the description, emission control purpose, and location of each component, the monitoring strategy for each component and/or combination of components, and the method for determining the applicable malfunction criteria including the deterioration/aging

process.

( ii) Gasoline catalysts. For the purposes of determining the catalyst system malfunction criteria in paragraph (h)(6)(ii) of this section, the manufacturer must

us e a catalyst system deteriorated to the malfunction criteria using methods established by the manufacturer to represent real world catalyst deterioration under normal and malfunctioning operating conditions. The malfunction criteria must be established by using a catalyst system with all monitored and unmonitored (downstream of the sensor utilized for catalyst monitoring) catalysts simultaneously deteriorated to the malfunction criteria except for those engines that use fuel shutoff

to prevent over

- fueling during engine misfire conditions. For such engines, the malfunction criteria must be established by using a catalyst system with all monitored catalysts simultaneously deteriorated to the malfunction criteria while unmonitored catalysts shall be deteriorat ed to the end of the engine ’ s useful life.

( m) Certification documentation requirements.

(1) When submitting an application for certification of an engine, the manufacturer must submit the following documentation. If any of the items listed here are

stan dardized for all of the manufacturer ’ s engines, the manufacturer may, for each model year, submit one set of documents covering the standardized items for all of its engines.

( i) For the required documentation that is not standardized across all engines, the manufacturer may be allowed to submit documentation for certification from one engine that is representative of other engines. All such engines shall be considered to be part of an OBD certification documentation group. To represent the OBD group, the chosen engine must be certified to the most stringent emissions standardsRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 92 of 101 and OBD monitoring requirements and cover all of the emissions control devices for the engines in the group and covered by the submitted documentation. Such OBD groups must be approv ed in advance of certification.

( ii) Upon approval, one or more of the documentation requirements of this paragraph (m) of this section may be waived or modified if the information required is redundant or unnecessarily burdensome to generate.

( iii) To t he extent possible, the certification documentation must use SAE J1930 (as specified in paragraph (k)(1) of this section) or SAE J2403 (as specified in paragraph (k)(1) of this section) terms, abbreviations, and acronyms as specified in paragraph (k)(1) of this section.

( 2) Unless otherwise specified, the following information must be submitted as part of the certification application and prior to receiving a certificate.

( i) A description of the functional operation of the OBD system including a complete written description for each monitoring strategy that outlines every step in

the decision

- making process of the monitor. Algorithms, diagrams, samples of data, and/or other graphical representations of the monitoring strategy shall be included

where neces sary to adequately describe the information.

( ii) A table including the following information for each monitored component or system (either computer

- sensed or computer

- controlled) of the emissions control

system:

( A) Corresponding diagnostic trouble cod e.

( B) Monitoring method or procedure for malfunction detection.

( C) Primary malfunction detection parameter and its type of output signal.

( D) Malfunction criteria limits used to evaluate output signal of primary

parameter.

( E) Other monitored seconda ry parameters and conditions (in engineering units) necessary for malfunction detection.

( F) Monitoring time length and frequency of monitoring events.

( G) Criteria for storing a diagnostic trouble code.

( H) Criteria for activating a malfunction indicat or light.

( I) Criteria used for determining out

- of

- range values and input component rationality checks.Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 93 of 101 ( iii) Whenever possible, the table required by paragraph (m)(2)(ii) of this section shall use the following engineering units:

( A) Degrees Celsius fo r all temperature criteria.

( B) KiloPascals (KPa) for all pressure criteria related to manifold or atmospheric

pressure.

( C) Grams (g) for all intake air mass criteria.

( D) Pascals (Pa) for all pressure criteria related to evaporative system vapor

press ure.

( E) Miles per hour (mph) for all vehicle speed criteria.

( F) Relative percent (%) for all relative throttle position criteria (as defined in SAE J1979 or SAE J1939 (both as specified in paragraph (k)(1) of this section)).

( G) Voltage (V) for all ab solute throttle position criteria (as defined in SAE J1979 or SAE J1939 (both as specified in paragraph (k)(1) of this section)).

( H) Per crankshaft revolution (/rev) for all changes per ignition event based criteria (e.g., g/rev instead of g/stroke or g/ firing).

( I) Per second (/sec) for all changes per time based criteria (e.g., g/sec).

( J) Percent of nominal tank volume (%) for all fuel tank level criteria.

( iv) A logic flowchart describing the step

- by

- step evaluation of the enable criteria

and m alfunction criteria for each monitored emission related component or system.

( v) Emissions test data, a description of the testing sequence (e.g., the number and types of preconditioning cycles), approximate time (in seconds) of MIL activation during the test, diagnostic trouble code(s) and freeze frame information stored at the time of detection, corresponding test results (e.g. SAE J1979 (as specified in paragraph (k)(1) of this section) Mode/Service $06, SAE J1939 (as specified in paragraph (k)(1) of th is section) Diagnostic Message 8 (DM8)) stored during the test, and a description of the modified or deteriorated components used for malfunction simulation with respect to the demonstration tests specified in paragraph (l) of this section. The freeze fram e data are not required for engines

termed “ Extrapolated OBD ” engines.

( vi) For gasoline engines, data supporting the misfire monitor, including:

( A) The established percentage of misfire that can be tolerated without damaging the catalyst over the full range of engine speed and load conditions.Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 94 of 101 ( B) Data demonstrating the probability of detection of misfire events by the misfire monitoring system over the full engine speed and load operating range for the following misfire patterns: random cylinders misf iring at the malfunction criteria established in paragraph (h)(2)(ii)(B) of this section, one cylinder continuously misfiring, and paired cylinders continuously misfiring.

( C) Data identifying all disablement of misfire monitoring that occurs during the

F TP. For every disablement that occurs during the cycles, the data shall identify:

when the disablement occurred relative to the driver ’ s trace, the number of engine revolutions during which each disablement was present, and which disable

condition document ed in the certification application caused the disablement.

( D) Manufacturers are not required to use the durability demonstration engine to collect the misfire data required by paragraph (m)(2)(vi) of this section.

( vii) Data supporting the limit for th e time between engine starting and attaining the designated heating temperature for after

- start heated catalyst systems.

( viii) Data supporting the criteria used to detect a malfunction of the fuel system, EGR system, boost pressure control system, cataly st, NOx adsorber, DPF, cold start emission reduction strategy, secondary air, evaporative system, VVT system, exhaust gas sensors, and other emission controls that causes emissions to exceed the applicable malfunction criteria specified in paragraphs (g) t hrough (i) of this section. For diesel engine monitors required by paragraphs (g) and (i) of this section that are required to indicate a malfunction before emissions exceed an emission threshold based on any applicable standard (e.g., 2.5 times any of the applicable standards), the test cycle and standard determined by the manufacturer to be the most stringent for each applicable monitor in accordance with paragraph (f)(1) of

this section.

( ix) A list of all electronic powertrain input and output signals (including those not monitored by the OBD system) that identifies which signals are monitored by the OBD system. For input and output signals that are monitored as comprehensive components, the listing shall also identify the specific diagnostic trouble co de for each malfunction criteria (e.g., out

- of

- range low, out

- of

- range high, open circuit, rationality low, rationality high).

( x) A written description of all parameters and conditions necessary to begin

closed

- loop/feedback control of emission control s ystems (e.g., fuel system, boost pressure, EGR flow, SCR reductant delivery, DPF regeneration, fuel system pressure).

( xi) A written identification of the communication protocol utilized by each engine for communication with a scan tool (model years 2010 through 2012) or an SAE J1978 or SAE J1939 (both as specified in paragraph (k)(1) of this section) scan tool (model years 2013 and later).Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 95 of 101 ( xii) For model years 2013 and later, a pictorial representation or written description of the diagnostic connector location including any covers or labels.

( xiii) A written description of the method used by the manufacturer to meet the requirements of paragraph (i)(2) of this section (crankcase ventilation system monitoring) including diagrams or pictures of valve and /or hose connections.

( xiv) Build specifications provided to engine purchasers or chassis manufacturers detailing all specifications or limitations imposed on the engine purchaser relevant to OBD requirements or emissions compliance (e.g., cooling system heat rejection rates, allowable MIL locations, connector location specifications). A description of the method or copies of agreements used to ensure engine purchasers or chassis manufacturers will comply with the OBD and emissions relevant build specifica tions (e.g., signed agreements, required audit/evaluation procedures).

( xv) Any other information determined by the Administrator to be necessary to demonstrate compliance with the requirements of this section.

( 3) In addition to the documentation requir ed by paragraphs (m)(1) and (m)(2) of this section, a manufacturer making use of paragraph (a)(5) of this section must submit the following information with their application for certification.

( i) A detailed description of how the OBD system meets the in tent of § 86.010

- 18.

( ii) A detailed description of why the manufacturer has chosen not to design the OBD system to meet the requirements of § 86.010

- 18 and has instead designed the OBD system to meet the applicable California OBD requirements.

( iii) A d etailed description of any deficiencies granted by the California staff and any concerns raised by California staff. A copy of a California Executive Order alone will not be considered acceptable toward meeting this requirement. This description shall also include, to the extent feasible, a plan with timelines for resolving deficiencies and/or concerns.

( n) Deficiencies.

Changes below are intended to align alternative fuel engines requirements with those for engines used with hybrid powertrain systems and with the California requirements for alternative fuel engines . They also clarify

that the waiver of a monitoring requirement for alternative fuel engines and engines used w ith hybrid powertrains is not a deficiency

.

(1) Upon application by the manufac turer, the Administrator may accept an OBD system as compliant even though specific requirements are not fully met. Such compliances without meeting specific requirements, or deficiencies, will be granted only if compliance is infeasible or unreasonable co nsidering such factors as, but not limited to: Technical feasibility of the given monitor and lead time and productionRegulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 96 of 101 cycles including phase

- in or phase

- out of engines or vehicle designs and programmed upgrades of computers. Unmet requirements shall not b e carried over from the previous model year except where unreasonable hardware or software modifications are necessary to correct the deficiency, and the manufacturer has demonstrated an acceptable level of effort toward compliance as determined by the Adm inistrator. Furthermore, EPA will not accept any deficiency requests that include the complete lack of a major diagnostic monitor ( “ major ” diagnostic monitors being those for exhaust aftertreatment devices, oxygen sensor, air

- fuel ratio sensor, NOx sensor, engine misfire, evaporative leaks, and diesel EGR, if equipped), with the possible exception of the special provisions for alternative fueled engines. For 2013 through

2019 model

- year alternative fueled heavy

- duty engines (e.g., natural gas, liquefied

pet roleum gas, methanol, ethanol) and engines used with any hybrid powertrain

system as defined in § 86

- 010

- 02 , manufacturers must at least comply with the monitoring requireme nts set forth in § 1971.1(d)(7.5.2) Title 13, California Code of Regulations

. Such alternative fueled heavy

- duty engines and engines used with hybrid powertrain systems will not be treated as having received any d eficiencies with respect to th is paragraph (n). may request the Administrator to waive specific monitoring requirements of t his section for which monitoring may not be reliable with respect to the use of the alternative fuel

. At a minimum, alternative fuel engines must be equipped with an OBD system meeting OBD requirements to the extent feasible as approved by the Administrato r.

( 2) In the event the manufacturer seeks to carry

- over a deficiency from a past model year to the current model year, the manufacturer must re

- apply for approval to do so. In considering the request to carry

- over a deficiency, the Administrator shall co nsider

the manufacturer ’ s progress towards correcting the deficiency. The Administrator may not allow manufacturers to carry over monitoring system deficiencies for more than two model years unless it can be demonstrated that substantial engine hardware

mo difications and additional lead time beyond two years are necessary to correct the deficiency.

( 3) A deficiency shall not be granted retroactively (i.e., after the engine has been certified).

Changes that follow in paragraph (o) are also intended to alig n requirements for alternative fueled engines with those that apply to engines used with hybrid powertrain systems

( o) Implementation schedule. Except as specifically provided for in this paragraph (o)

for small volume manufacturers

, and alternative fue led engines, and engines used with hybrid powertrain systems, t he requirements of this section must be met according to the following provisions:

( 1) Fo r model years 2010 through 2012Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 97 of 101 (i) Full OBD. The manufacturer must implement an OBD system meeting th e applicable requirements of § 86.010

- 18 on one engine rating within one engine family of the manufacturer ’ s product line. This “ Full OBD ” rating will be known as

the “ OBD parent ” rating. The OBD parent rating must be chosen, unless otherwise approved by t he Administrator, as the rating having the highest weighted projected U.S. sales within the engine family having the highest weighted projected U.S. sales, with U.S. sales being weighted by the useful life of the engine rating.

( ii) Extrapolated OBD. For all other engine ratings within the engine family from which the OBD parent rating has been selected, the manufacturer must implement an OBD system meeting the applicable requirements of § 86.010

- 18 except that the OBD system is not required to detect a ma lfunction prior to exceeding the emission thresholds shown in Table 1 of paragraph (g) and Table 2 of paragraph (h) of this

section. These “ Extrapolated OBD ” engines will be know n as the “ OBD child ” ratings. On these OBD child ratings, rather than detectin g a malfunction prior to exceeding the emission thresholds, the manufacturer must submit a plan for Administrator review and approval that details the engineering evaluation the

manufacturer will use to establish the malfunction criteria for the OBD child ratings. The plan must demonstrate both the use of good engineering judgment in establishing the malfunction criteria, and robust detection of malfunctions, including consideration of differences of base engine, calibration, emission control

components, an d emission control strategies.

( iii) Engine families other than those from which the parent and child ratings have been selected, are not subject to the requirements of this section.

( iv) Small volume manufacturers, as defined in § 86.094

- 14(b)(1) and (2 ) and as determined using 2010 model year sales, are exempt from the requirements of this §

86.010

- 18, unless model year 2011 or model year 2012 sales exceed 20,000 units.

This change specifically exempts engines used with hybrid powertrain systems from c ompliance with HD OBD requirements through the 2012

model

- year

( v) Engines certified as alternative fueled engines and engines used with hybrid powertrain systems are exempt from the requirements of this § 86.010

- 18.

( 2) Fo r model years 2013 through 2015

(i) OBD groups. The manufacturer shall define one or more OBD groups to cover all engine ratings in all engine families. The manufacturer must submit a grouping plan for Administrator review and approval detailing the OBD groups and the engine families a nd engine ratings within each group for a given model year.

( ii) Full OBD.Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 98 of 101 (A) For all model year 2010 through 2012 “ Full OBD ” and “ Extrapolated OBD ” engine ratings, the manufacturer must implement an OBD system meeting the applicable requirements of thi s section.

( B) On one engine rating within each of the manufacturer ’ s OBD groups, the manufacturer must implement an OBD system meeting the applicable requirements of this section. These “ Full OBD ” ratings will be known as the

“ OBD parent ” ratings. The OB D parent rating for each OBD group shall be chosen, unless otherwise approved by the Administrator, as the rating having the highest weighted projected U.S. sales within the OBD group, with U.S. sales being weighted by the useful life of the engine rating.

( iii) Extrapolated OBD. For all other engine ratings within each OBD group, the manufacturer must implement an OBD system meeting the requirements of this section except that the OBD system is not required to detect a malfunction prior to exceeding the e mission thresholds shown in Table 1 of paragraph (g) and Table 2 of paragraph (h) of this section. These extrapolated OBD engines will be know n as the

“ OBD child ” ratings. On these OBD child ratings, rather than detecting a malfunction prior to exceeding t he emission thresholds, the manufacturer must submit a plan for Administrator review and approval that details the engineering

evaluation the manufacturer will use to establish the malfunction criteria for the OBD child ratings. The plan must demonstrate b oth the use of good engineering judgment in establishing the malfunction criteria, and robust detection of malfunctions, including consideration of differences of base engine, calibration, emission control components, and emission control strategies.

( iv) Engines certified as alternative fueled engines shall meet, to the extent feasible, the requirements specified in paragraph (i)(3) of this § 86.010

- 18. Additionally, such engines shall monitor the NOx aftertreatment system on engines so equipped

and detec t a malfunction if:

( A) The NOx aftertreatment system has no detectable amount of NOx aftertreatement capability (i.e., NOx catalyst conversion or NOx adsorption).

( B) The NOx aftertreatment substrate is completely destroyed, removed, or missing.

( C) Th e NOx aftertreatment assembly is replaced with a straight pipe.

( 3) Fo r model years 2016 through 2018

(i) OBD groups. The manufacturer shall define one or more OBD groups to cover all engine ratings in all engine families. The manufacturer must submit a grouping plan for Administrator review and approval detailing the OBD groups and the engine families and engine ratings within each group for a given model year.Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 99 of 101 ( ii) Full OBD. The manufacturer must implement an OBD system meeting the applicable requireme nts of this section on all engine ratings in all engine families.

( iii) Engines certified as alternative fueled engines shall meet, to the extent feasible, the requirements specified in paragraph (i)(3) of this § 86.010

- 18. Additionally, such engines shal l monitor the NOx aftertreatment system on engines so equipped

and detect a malfunction if:

( A) The NOx aftertreatment system has no detectable amount of NOx aftertreatement capability (i.e., NOx catalyst conversion or NOx adsorption).

( B) The NOx aftert reatment substrate is completely destroyed, removed, or missing.

( C) The NOx aftertreatment assembly is replaced with a straight pipe.

The changes below specify that alternative fuel engines and engines used with hybrid powertrain systems begin complianc e with the 2020

model

- year and provide engine manufacturers with protection from

OBD non

- compliance related to or attributable to hybrid powertrain

systems through the 2022 model

- year. The three ad ditional years

2020

- 2022 are provide d to allow for an oppo rtuni ty to refine hybrid powertrain system integration and diagnostic performance based on in

use experience.

( 4) For model years 2019 and later. (i) The manufacturer must implement an OBD system meeting the applicable requirements of § 86.010

- 18 on all engines except alternative fuel engines and engines used with hybrid powertrain systems which must implement an OBD system meeting the applicable requirements of §86.010

- 18 no

later than the 2020 model

- year

.

( p) In

- use compliance standards. For monitors required to indicate a malfunction before emissions exceed a certain emission threshold (e.g., 2.5 times any of the applicable standards):

( 1) For model years 2010 through 2012.

(i) On the full OBD rating (i.e., the parent rating) as defined in paragraph (o)(1) of this section, separate in

- use emissions thresholds shall apply. These thresholds are determined by doubling the applicable thresholds as shown in Table 1 of paragraph (g) and Table 2 of paragraph (h) of this section. The resultant thresholds app ly only

in

- use and do not apply for certification or selective enforcement auditing.

( ii) The extrapolated OBD ratings (i.e., the child ratings) as defined in paragraph (o)(1) of this section shall not be evaluated against emissions levels for purposes of OBD compliance in

- use.Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 100 of 101 ( iii) Only the test cycle and standard determined and identified by the manufacturer at the time of certification in accordance with paragraph (f) of this section as the most stringent shall be used for the purpose of determining O BD system noncompliance in

- use.

( iv) An OBD system shall not be considered noncompliant solely due to a failure or deterioration mode of a monitored component or system that could not have been reasonably foreseen to occur by the manufacturer or which is related to or attributable to use of a certified engine with a hybrid powertrain system.

( 2) For model years 2013 through 2015.

(i) On the full OBD ratings as defined in paragraph (o)(2) of this section, separate

in

- use emissions thresholds shall apply. These thresholds are determined by doubling the applicable thresholds as shown in Table 1 of paragraph (g) and Table 2 of paragraph (h) of this section. The resultant thresholds apply only in

- use and do not apply for certification or selective enforcement auditing.

( ii) The extrapolated OBD ratings as defined in paragraph (o)(2) of this section shall not be evaluated against emissions levels for purposes of OBD compliance in

- use.

( iii) Only the test cycle and standard determined and identified by the manu facturer at the time of certification in accordance with paragraph (f) of this section as the most stringent shall be used for the purpose of determining OBD system noncompliance in

- use.

( iv) For monitors subject to meeting the minimum in

- use monitor perf ormance ratio of 0.100 in paragraph (d)(1)(ii), the OBD system shall not be considered noncompliant unless a representative sample indicates the in

- use ratio is below

0.050.

( v) An OBD system shall not be considered noncompliant solely due to a failure or deterioration mode of a monitored component or system that could not have been reasonably foreseen to occur by the manufacturer or which is related to or attributable to use of a certified engine with a hybrid powertrain system

.

( 3) For model years 2016 through 2018.

(i) On the engine ratings tested according to (l)(2)(iii) of this section, the certification emissions thresholds shall apply in

- use.

( ii) On the manufacturer ’ s remaining engine ratings, separate in

- use emissions thresholds shall apply. The se thresholds are determined by doubling the applicable thresholds as shown in Table 1 of paragraph (g) and Table 2 of paragraph (h) of this section. The resultant thresholds apply only in

- use and do not apply for certification

or selective enfor cement auditing.Regulatory text edited and submitted by the Hybrid Manufacturers Regulator y Council.

Page 101 of 101 ( iii) An OBD system shall not be considered noncompliant solely due to a failure or deterioration mode of a monitored component or system that could not have been reasonably foreseen to occur by the manufacturer or w hich is related to or

attributable to use of a certified engine with a hybrid powertrain system

. .

( 4) For model years 2019 and later.

(i) On all engine ratings, the certification emissions thresholds shall apply in

- use.

( ii) An OBD system shall not be considered noncomplian t solely due to a failure or deterioration mode of a monitored component or system that could not have been reasonably foreseen to occur by the manufacturer

. Th rough the 2022 model

- year,

an OBD system will not be considered noncompliant as the result of a ny failure or deterioration mode of a monitored component or system that is related to or

attributable to a hybrid powertrain system

.

[74 FR 8369, Feb. 24, 2009]Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 1 of 34 § 86.010

- 38 M aintenance instructions.

( a) The manufacturer shall furnish or cause to be furnished to the purchaser of each new motor vehicle (or motor vehicle engine) subject to the standards prescribed in § 86.099

- 8, § 86.004

- 9, § 86.004

- 10, or § 86.004

- 11, as applicable, written instructions for the proper maintenance and use of the vehicle (or engine), by the purchaser consistent with the provisions of § 86.004

- 25, which establishes what scheduled maintenance the Administrator approves as being reasona ble and necessary.

( 1) The maintenance instructions required by this section shall be in clear, and to the extent practicable, nontechnical language.

( 2) The maintenance instructions required by this section shall contain a general description of the doc umentation which the manufacturer will require from the ultimate purchaser or any subsequent purchaser as evidence of compliance with the

instructions.

( b) Instructions provided to purchasers under paragraph (a) of this section shall specify the performan ce of all scheduled maintenance performed by the manufacturer on certification durability vehicles and, in cases where the manufacturer performs less maintenance on certification durability vehicles than the allowed limit, may specify the performance of an y scheduled maintenance allowed under § 86.004

- 25.

( c) Scheduled emission

- related maintenance in addition to that performed under §

86.004

- 25(b) may only be recommended to offset the effects of abnormal in

- use operating conditions, except as provided in p aragraph (d) of this section. The manufacturer shall be required to demonstrate, subject to the approval of the Administrator, that such maintenance is reasonable and technologically necessary to assure the proper functioning of the emission control system . Such additional recommended maintenance shall be clearly differentiated, in a form approved by the Administrator, from that approved under § 86.004

- 25(b).

( d) Inspections of emission

- related parts or systems with instructions to replace, repair, clean, or adjust the parts or systems if necessary, are not considered to be items of scheduled maintenance which insure the proper functioning of the emission control system. Such inspections, and any recommended maintenance beyond that approved by

the Administr ator as reasonable and necessary under paragraphs (a), (b), and (c) of this section, may be included in the written instructions furnished to vehicle owners under paragraph (a) of this section: Provided, That such instructions clearly state, in a form

appr oved by the Administrator, that the owner need not perform such inspections or

recommended maintenance in order to maintain the emissions defect and emissions performance warranty or manufacturer recall liability.

( e) The manufacturer may choose to includ e in such instructions an explanation of any distinction between the useful life specified on the label, and the emissions defect and emissions performance warranty period. The explanation must clearly state that the useful life period specified on the lab el represents the average period of use up toRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 2 of 34 retirement or rebuild for the engine family represented by the engine used in the vehicle. An explanation of how the actual useful lives of engines used in various applications are expected to differ from the a verage useful life may be included. The explanation(s) shall be in clear, non

- technical language that is understandable to the ultimate purchaser.

( f) If approved by the Administrator, the instructions provided to purchasers under paragraph (a) of this se ction shall indicate what adjustments or modifications, if any, are necessary to allow the vehicle to meet applicable emission standards at elevations above 4,000 feet, or at elevations of 4,000 feet or less.

( g) Emission control diagnostic service inform ation. (1) Manufacturers are subject to the provisions of this paragraph (g) beginning in the 1996 model year for manufacturers of light

- duty vehicles and light

- duty trucks, and beginning in the 2005 model year for manufacturers of heavy

- duty vehicles and heavy

- duty engines weighing 14,000 pounds gross vehicle weight (GVW) and less that are subject to the OBD requirements of this

part.

(2) General requirements

(i) Manufacturers shall furnish or cause to be furnished to any person engaged in the repairing or servicing of motor vehicles or motor vehicle engines, or the Administrator upon request, any and all information needed to make use of the on

board diagnostic system and such other information, including instructions for making emission

- related diagnose s and repairs, including but not limited to service manuals, technical service bulletins, recall service information, bi

- directional control information, and training information, unless such information is protected by section 208(c) of the Act as a trade secret. No such information may be withheld under section 208(c) of the Act if that information is provided (directly or indirectly) by the manufacturer to franchised dealers or other persons engaged in the repair, diagnosing, or servicing of motor vehicl es or motor vehicle engines.

( ii) Definitions. The following definitions apply for this paragraph (g):

( A) Aftermarket service provider means any individual or business engaged in the diagnosis, service, and repair of a motor vehicle or engine, who is no t directly

affiliated with a manufacturer or manufacturer

- franchised dealership.

( B) Bi

- directional control means the capability of a diagnostic tool to send messages on the data bus that temporarily overrides the module's control over a

sensor or actuato r and gives control to the diagnostic tool operator. Bi

- directional controls do not create permanent changes to engine or component calibrations.

( C) Data stream information means information (i.e., messages and parameters) originated within the vehicle b y a module or intelligent sensors (i.e., a sensor that contains and is controlled by its own module) and transmitted between a network of modules and/or intelligent sensors connected in parallel with either one or moreRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 3 of 34 communication wires. The information is broadcast over the communication wires for use by the OBD system to gather information on emissions

- related components or systems and from other vehicle modules that may impact emissions, including but not limited to systems such as chassis or transmiss ion. For the purposes of this section, data stream information does not include engine

calibration

- related information, or any data stream information from systems or modules that do not impact emissions.

( D) Emissions

- related information means any inform ation related to the diagnosis, service, and repair of emissions

- related components. Emissions

- related information includes, but is not limited to, information regarding any system, component or part of a vehicle that controls emissions and any system,

com ponent and/or part associated with the powertrain system, including, but not

limited to:

( 1) The engine, the fuel system and ignition system,

( 2) Information for any system, component or part that is likely to impact emissions, such as transmission syste ms, and any other information specified by the Administrator to be relevant to the diagnosis and repair of an emissions

- related problem; and

( 3) Any other information specified by the Administrator to be relevant for the diagnosis and repair of an emissio ns

- related failure found through the inspection and maintenance program after such finding has been communicated to the affected manufacturer(s).

( E) Emissions

- related training information means any information

- related training or instruction for the purp ose of the diagnosis, service, and repair of emissions

related components.

( F) Enhanced service and repair information means information which is specific for an original equipment manufacturer's brand of tools and equipment. This includes computer or ant i

- theft system initialization information necessary for the completion of any emissions

- related repair on motor vehicles that employ integral vehicle security systems.

( G) Equipment and tool company means a registered automotive equipment or software comp any either public or private that is engaged in, or plans to engage in, the manufacture of automotive scan tool reprogramming equipment or

software.

( H) Generic service and repair information means information which is not specific for an original equipme nt manufacturer's brand of tools and equipment.

( I) Indirect information means any information that is not specifically contained in the service literature, but is contained in items such as tools or equipmentRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 4 of 34 provided to franchised dealers (or others). T his includes computer or anti

- theft system initialization information necessary for the completion of any emissions

related repair on motor vehicles that employ integral vehicle security systems.

( J) Intermediary means any individual or entity, other than an original equipment manufacturer, which provides service or equipment to aftermarket service providers.

( K) Manufacturer

- franchised dealership means any service provider with which a manufacturer has a direct business relationship.

( L) Third

- party inf ormation provider means any individual or entity, other than an original equipment manufacturer, who consolidates manufacturer service information and makes this information available to aftermarket service providers.

( M) Third

- party training provider mea ns any individual or entity, other than an original equipment manufacturer who develops and/or delivers instructional and educational material for automotive training courses.

( 3) Information dissemination. By December 24, 2003, each manufacturer was

requ ired to provide or cause to be provided to the persons specified in paragraph (g)(2)(i) of this section and to any other interested parties a manufacturer

- specific World Wide Web site containing the information specified in paragraph (g)(2)(i) of

this sect ion for 1996 and later model year vehicles which have been offered for sale; this requirement does not apply to indirect information, including the information specified in paragraphs (g)(12) through (g)(16) of this section. Upon request and approval of th e Administrator, manufacturers who can demonstrate significant hardship in complying with this provision by December 26, 2003, may request an additional six months lead time to meet this requirement. Each manufacturer Web site

shall:

( i) Provide access in full

- text to all of the information specified in paragraph (g)(5)

of this section.

( ii) Be updated at the same time as manufacturer

- franchised dealership World Wide Web sites;

( iii) Provide users with a description of the minimum computer hardware and

s oftware needed by the user to access that manufacturer's information (e.g., computer processor speed and operating system software). This description shall appear when users first log

- on to the home page of the manufacturer Web site.

( iv) Provide Short

- Te rm (24 to 72 hours), Mid

- Term (30 day period), and Long

Term (365 day period) Web site subscription options to any person specified in paragraph (g)(2)(i) of this section whereby the user will be able to access the site, search for the information, and pur chase, view and print the information at a fair and reasonable cost as specified in paragraph (g)(7) of this section for each of theRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 5 of 34 subscription options. In addition, for each of the subscription options, manufacturers are required to make their entire si te accessible for the respective period of time and price. In other words, a manufacturer may not limit any or all of the subscription options to just one make or one model.

( v) Allow the user to search the manufacturer Web site by various topics includin g but not limited to model, model year, key words or phrases, etc., while allowing ready identification of the latest vehicle calibration. Manufacturers who do not use model year to classify their vehicles in their service information may use an

alternate vehicle delineation such as body series. Any manufacturer utilizing this flexibility shall create a cross

- reference to the corresponding model year and provide this cross

- reference on the manufacturer Web site home page.

( vi) Provide accessibility using c ommon, readily available software and shall not require the use of software, hardware, viewers, or browsers that are not readily available to the general public. Manufacturers shall also provide hyperlinks to any plug

- ins, viewers or browsers (e.g., Adobe Acrobat or Netscape) needed to access

the manufacturer Web site.

( vii) Allow simple hyper

- linking to the manufacturer Web site from government

Web sites and automotive

- related Web sites.

( viii) Allow access to the manufacturer Web site with no limits on the modem speed by which aftermarket service providers or other interested parties can connect to the

manufacturer Web site.

( ix) Possess sufficient server capacity to allow ready access by all users and have sufficient capacity to assure that all users m ay obtain needed information without undue delay.

( x) Correct or delete broken Web links on a weekly basis.

( xi) Allow for Web site navigation that does not require a user to return to the manufacturer home page or a search engine in order to access a di fferent portion of

the site.

( xii) Allow users to print out any and all of the materials required to be made available on the manufacturer Web site including the ability to print it at the user's

location.

( 4) Small volume provisions for information diss emination.

(i) Manufacturers with annual sales of less than 5,000 vehicles had until June 28, 2004 to launch their individual Web sites as required by paragraph (g)(3) of this

section.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 6 of 34 ( ii) Manufacturers with annual sales of less than 1,000 vehicles may, in lieu of meeting the requirement of paragraph (g)(3) of this section, request the Administrator to approve an alternative method by which the required emissions

related information can be obtained by the persons specified in paragraph (g)(2)(i)

of this section.

( 5) Required information. All information relevant to the diagnosis and completion of

emissions

- related repairs shall be posted on manufacturer Web sites. This excludes indirect information specified in paragraphs (g)(6) and (g)(12) through (g)(1 6) of this section. To the extent that this information does not already exist in some form for their manufacturer franchised dealerships, manufacturers are required to develop and make available the information required by this section to both their manuf acturer franchised dealerships and the aftermarket. The required information includes, but is

not limited to:

( i) Manuals, including subsystem and component manuals developed by a manufacturer's third party supplier that are made available to manufacturer franchised dealerships, technical service bulletins (TSBs), recall service information, diagrams, charts, and training materials. Manuals and other such service information from third party suppliers are not required to be made available

in full

- text on m anufacturer Web sites as described in paragraph (g)(3) of this section. Rather, manufacturers must make available on the manufacturer Web site as required by paragraph (g)(3) of this section an index of the relevant information

and instructions on how to o rder such third party information. In the alternative, a manufacturer can create a link from its Web site to the Web site(s) of the third party supplier.

( ii) OBD system information which includes, but is not limited to, the following:

( A) A general desc ription of the operation of each monitor, including a description of the parameter that is being monitored;

( B) A listing of all typical OBD diagnostic trouble codes associated with each monitor;

( C) A description of the typical enabling conditions (eith er generic or monitor

specific) for each monitor (if equipped) to execute during vehicle operation, including, but not limited to, minimum and maximum intake air and engine coolant temperature, vehicle speed range, and time after engine startup. In

additio n, manufacturers shall list all monitor

- specific OBD drive cycle information for all major OBD monitors as equipped including, but not limited to, catalyst, catalyst heater, oxygen sensor, oxygen sensor heater, evaporative system, exhaust gas re

- circulatio n (EGR), secondary air, and air conditioning system. Additionally, for diesel vehicles under 14,000 pounds. GVWR which also perform misfire, fuel system and comprehensive component monitoring under specific driving conditions (i.e., non

- continuous monitori ng; as opposed to spark ignition engines that monitor these systems under all conditions or continuousRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 7 of 34 monitoring), the manufacturer shall make available monitor

- specific drive cycles. Any manufacturer who develops generic drive cycles, either in addition to, or instead of, monitor

- specific drive cycles shall also make these available in full

text on manufacturer Web sites;

( D) A listing of each monitor sequence, execution frequency and typical duration;

( E) A listing of typical malfunction thresholds for each monitor;

( F) For OBD parameters for specific vehicles that deviate from the typical parameters, the OBD description shall indicate the deviation and provide a separate listing of the typical values for those vehicles;

( G) Identification and scaling information necessary to interpret and understand data available to a generic scan tool through “mode 6,” pursuant to SAE J1979 (as specified in paragraph (g)(17) of this section).

( H) Algorithms, look

- up tables, or any values associated with look

- up tab les are not required to be made available.

( iii) Any information regarding any system, component, or part of a vehicle monitored by the OBD system that could in a failure mode cause the OBD system to illuminate the malfunction indicator light (MIL);

( iv) Any information on other systems that can effect the emission system within a multiplexed system (including how information is sent between emission

- related system modules and other modules on a multiplexed bus);

( v) Manufacturer

- specific emissions

- relat ed diagnostic trouble codes (DTCs) and any related service bulletins, trouble shooting guides, and/or repair procedures

associated with these manufacturer

- specific DTCs; and

( vi) Information regarding how to obtain the information needed to perform

reinit ialization of any vehicle computer or anti

- theft system following an emissions

related repair.

( 6) Anti

- theft system initialization information. Computer or anti

- theft system initialization information and/or related tools necessary for the proper install ation of

on

- board computers or necessary for the completion of any emissions

- related repair on motor vehicles that employ integral vehicle security systems or the repair or replacement of any other emission

- related part shall be made available at a fair an d reasonable cost to the persons specified in paragraph (g)(2)(i) of this section.

( i) Except as provided under paragraph (g)(6)(ii) of this section, manufacturers must make this information available to persons specified in paragraph (g)(2)(i) of this

se ction, such that such persons will not need any special tools or manufacturer

specific scan tools to perform the initialization. Manufacturers may make suchRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 8 of 34 information available through, for example, generic aftermarket tools, a pass

through device, or in expensive manufacturer

- specific cables.

( ii) A manufacturer may request Administrator approval for an alternative means to

re

- initialize vehicles for some or all model year vehicles through the 2007 model year by September 26, 2003. The Administrator shal l approve the request only after the following conditions have been met:

( A) The manufacturer must demonstrate that the availability of such information to aftermarket service providers would significantly increase the risk of vehicle

theft.

( B) The manu facturer must make available a reasonable alternative means to install or repair computers, or to otherwise repair or replace an emission

- related

part.

( C) Any alternative means proposed by a manufacturer cannot require aftermarket

technicians to use a ma nufacturer franchised dealership to obtain information or special tools to re

- initialize the anti

- theft system. All information must come directly from the manufacturer or a single manufacturer

- specified designee.

( D) Any alternative means proposed by a m anufacturer must be available to aftermarket technicians at a fair and reasonable price.

( E) Any alternative must be available to aftermarket technicians within twenty

four hours of the initial request.

( F) Any alternative must not require the purchase o f a special tool or tools, including manufacturer

- specific tools, to complete this repair. Alternatives may include lease of such tools, but only for appropriately minimal cost.

( G) In lieu of leasing their manufacturer

- specific tool to meet this requirem ent, a manufacturer may also release the necessary information to equipment and tool manufacturers for incorporation into aftermarket scan tools. Any manufacturer choosing this option must release the information to equipment and tool

manufacturers within 60 days of Administrator approval. Manufacturers may also comply with this requirement using SAE J2534 (as specified in paragraph (g)(17) of this section) for some or all model years through model year 2007.

( 7) Cost of required information. (i) All infor mation required to be made available by this section shall be made available at a fair and reasonable price. In determining whether a price is fair and reasonable, consideration may be given to relevant factors, including, but not limited to, the following :

( A) The net cost to the manufacturer

- franchised dealerships for similar information obtained from manufacturers, less any discounts, rebates, or other incentive programs.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 9 of 34 ( B) The cost to the manufacturer for preparing and distributing the information, excluding any research and development costs incurred in designing and implementing, upgrading or altering the onboard computer and its software or any other vehicle part or component. Amortized capital costs for the preparation and

distribution of the inf ormation may be included.

( C) The price charged by other manufacturers for similar information.

( D) The price charged by manufacturers for similar information prior to the

launch of manufacturer Web sites.

( E) The ability of aftermarket technicians or s hops to afford the information.

( F) The means by which the information is distributed;

( G) The extent to which the information is used, which includes the number of users, and frequency, duration, and volume of use.

( H) Inflation.

( ii) By August 25, 20 03, each manufacturer was required to submit to the Administrator a request for approval of their pricing structure for their Web sites and amounts to be charged for the information required to be made available under paragraphs (g)(3) and (g)(5) of this s ection. Subsequent to the approval of the manufacturer Web site pricing structure, manufacturers shall notify the Administrator upon the increase in price of any one or all of the subscription options of 20 percent or more above the previously

- approved pri ce, taking inflation

into account.

( A) The manufacturer shall submit a request to the Administrator that sets forth a detailed description of the pricing structure and amounts, and support for the position that the pricing structure and amounts are fair a nd reasonable by addressing, at a minimum, each of the factors specified in paragraph (g)(7)(i) of

this section.

( B) The Administrator will act upon the request within 180 days following receipt of a complete request or following receipt of any additional information requested by the Administrator.

( C) The Administrator may decide not to approve, or to withdraw approval for a manufacturer's pricing structure and amounts based on a conclusion that this pricing structure and/or amounts are not, or are no lo nger, fair and reasonable, by sending written notice to the manufacturer explaining the basis for this decision.

( D) In the case of a decision by the Administrator not to approve or to withdraw approval, the manufacturer shall within three months followin g notice of thisRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 10 of 34 decision, obtain Administrator approval for a revised pricing structure and amounts by following the approval process described in this paragraph (g)(7)(ii).

( 8) Unavailable information. Any information which is not provided at a fair and reasonable price shall be considered unavailable, in violation of these regulations and section 202(m)(5) of the Clean Air Act.

( 9) Third

- party information providers. By December 24, 2003, manufacturers shall, for model year 2004 and later vehicles and e ngines, make available to third

- party information providers as defined in paragraph (g)(2)(ii) of this section with whom they engage in licensing or business arrangements;

( i) The required emissions

- related information as specified in paragraph (g)(5) of

this section either:

( A) Directly in electronic format such as diskette or CD

- ROM using non

proprietary software, in English; or

( B) Indirectly via a Web site other than that required by paragraph (g)(3) of this section;

( ii) For any manufacturer who ut ilizes an automated process in their manufacturer

specific scan tool for diagnostic fault trees, the data schema, detail specifications, including category types/codes and vehicle codes, and data format/content structure of the diagnostic trouble trees.

( iii) Manufacturers can satisfy the requirement of paragraph (g)(9)(ii) of this section by making available diagnostic trouble trees on their manufacturer Web sites in

full

- text.

( iv) Manufacturers are not responsible for the accuracy of the information

di stributed by third parties. However, where manufacturers charge information intermediaries for information, whether through licensing agreements or other arrangements, manufacturers are responsible for inaccuracies contained in the information they provide to third

- party information providers.

( 10) Required emissions

- related training information. By December 24, 2003, for

emissions

- related training information, manufacturers were required to:

( i) Video tape or otherwise duplicate and make available for sa le on manufacturer Web sites within 30 days after transmission any emissions

- related training courses provided to manufacturer franchised dealerships via the Internet or satellite transmission;

( ii) Provide on the manufacturer Web site an index of all emi ssions

- related training information available for purchase by aftermarket service providers for 1994 and newer vehicles. For model years subsequent to 2003, the required information mustRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 11 of 34 be made available for purchase within 3 months of model introduction and then

must be made available at the same time it is made available to manufacturer franchised dealerships, whichever is earlier. The index shall describe the title of the course or instructional session, the cost of the video tape or duplicate, and

info rmation on how to order the item(s) from the manufacturer Web site. All of the items available must be shipped within 24 hours of the order being placed and are to be made available at a fair and reasonable price as described in paragraph (g)(7) of

this se ction. Manufacturers unable to meet the 24 hour shipping requirement under circumstances where orders exceed supply and additional time is needed by the distributor to reproduce the item being ordered, may exceed the 24 hour shipping requirement, but in no instance can take longer than 14 days to ship the item.

( iii) Provide access to third

- party training providers as defined in paragraph (g)(2)(ii) of this section all emission

- related training courses transmitted via satellite

or Internet offered to their manufacturer franchised dealerships. Manufacturers may not charge unreasonable up

- front fees to third

- party training providers for this access, but may require a royalty, percentage, or othe r arranged fee based on per

use enrollment/subscription basis. Ma nufacturers may take reasonable steps to protect any copyrighted information and are not required to provide this information to parties that do not agree to such steps.

( 11) Timeliness and maintenance of information disseminat ion

(i) General requirement s. Subsequent to the initial launch of the manufacturer's Web site, manufacturers must make the information required under paragraph (g)(5) of this section available on their Web site within six months of model introduction,

or at the same time it is made available to manufacturer franchised dealerships,

whichever is earlier. After this six

- month period, the information must be available and updated on the manufacturer Web site at the same time that the updated

information is made available to manufacturer franchised dealerships, except as otherwise specified in this section.

( ii) Archived information. Beginning with the 1996 model year, manufacturers must maintain the required information on their Web sites in full

- text as defined in paragraph (g)(5) of th is section for a minimum of 15 years after model introduction. Subsequent to this fifteen year period, manufacturers may archive the information in the manufacturer's format of choice and provide an index of the archived

information on the manufacturer Web site and how it can be obtained by interested parties. Manufacturers shall index their available information with a title that adequately describes the contents of the document to which it refers. Manufacturers may allow for the ordering of information di rectly from their Web site, or from a Web site hyperlinked to the manufacturer Web site. In the alternative, manufacturers shall list a phone number and address where aftermarket service providers can call or write to obtain the desired information. Manufa cturers must also provide the price of each item listed, as well as the price of items ordered on a subscription basis. To the extent that any additional information is added or changed for these model years, manufacturers shall update the index as appropr iate.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 12 of 34 Manufacturers will be responsible for ensuring that all information, including information that is distributed through information distributors, is provided within one regular business day of receiving the order. Items that are less than 20 pages (e. g. technical service bulletins) shall be faxed, if requested, to the requestor and manufacturers are required to deliver the information overnight if requested and paid for by the ordering party. Archived information must be made available on

demand and at a fair and reasonable price.

(12) Reprogramming information.

(i) For model years 1996 and later, manufacturers shall make available to the persons specified in paragraph (g)(2)(i) of this section all emissions

- related recalibration or reprogramming even ts (including driveability reprogramming events that may affect emissions) in the format of its choice at the same time they are made available to manufacturer franchised dealerships. This requirement takes effect on September 25, 2003, and within 3 months of model introduction for all new model years.

( ii) For model years 1996 and later manufacturers shall provide persons specified in paragraph (g)(2)(i) of this section with an efficient and cost

- effective method for identifying whether the calibratio ns on vehicles are the latest to be issued. This requirement takes effect on September 25, 2003, and within 3 months of model introduction for all new model years.

( iii) For all 2004 and later OBD vehicles equipped with reprogramming capability,

manufactu rers shall comply with SAE J2534 (as specified in paragraph (g)(17) of this section). Any manufacturer who cannot comply with SAE J2534 in model year 2004 may request one year additional lead time from the Administrator.

( iv) For model years 2004 and late r, manufacturers shall make available to aftermarket service providers the necessary manufacturer

- specific software applications and calibrations needed to initiate pass

- through reprogramming. This software shall be able to run on a standard personal compu ter that utilizes standard operating systems as specified in SAE J2534 (as specified in paragraph (g)(17) of this section).

( v) For model years prior to 2004, manufacturers may use SAE J2534 (as specified in paragraph (g)(17) of this section) as described above, provided they make available to the aftermarket any additional required hardware (i.e. cables). Manufacturers may not require the purchase or use of a manufacturer

- specific scan

tool to receive or use this additional hardware. Manufacturers must al so make available the necessary manufacturer

- specific software applications and calibrations needed to initiate pass

- through reprogramming. Manufacturers must also make available to equipment and tool companies any information needed to develop

aftermarket equivalents of the manufacturer

- specific hardware.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 13 of 34 ( vi) Manufacturers may take any reasonable business precautions necessary to protect proprietary business information and are not required to provide this information to any party that does not agree to these reasonable business precautions. The requirement to make hardware available and to release the information to equipment and tool companies takes effect on September 25, 2003, and within 3 months of model introduction for all new model years.

( vii) M anufacturers who cannot comply with paragraphs (g)(12)(v) and (g)(12)(vi) of this section shall make available to equipment and tool companies by September 25, 2003 the following information necessary for reprogramming the Electronic Control Unit (ECU):

( A) The physical hardware requirements for reprogramming events or tools (e.g. system voltage requirements, cable terminals/pins, connections such as RS232 or USB, wires, etc.).

( B) ECU data communication (e.g. serial data protocols, transmission speed or baud rate, bit timing requirements, etc.).

( C) Information on the application physical interface (API) or layers (descriptions for procedures such as connection, initialization, performing and verifying programming/download, and termination).

( D) Vehicle application information or any other related service information such as special pins and voltages for reprogramming events or additional vehicle connectors that require enablement and specifications for the enablement.

( E) Information that describes wha t interfaces or combinations of interfaces are used to deliver calibrations from database media (e.g. PC using CDROM to the reprogramming device e.g. scan tool or black box).

( viii) A manufacturer can propose an alternative to the requirements of paragrap h (g)(12)(vii) of this section for how aftermarket service providers can reprogram an ECU. The Administrator will approve this alternative if the manufacturer demonstrates all of the following:

( A) That it cannot comply with paragraph (g)(12)(v) of this s ection for the vehicles subject to the alternative plan;

( B) That a very small percentage of its vehicles in model years prior to 2004 cannot be reprogrammed with the provisions described in paragraph (g)(12)(v) of this section, or that releasing the info rmation to tool companies would likely not result in this information being incorporated into aftermarket tools; and

( C) That aftermarket service providers will be able to reprogram promptly at a

reasonable cost.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 14 of 34 ( ix) In meeting the requirements of parag raphs (g)(12)(v) through (g)(12)(vii) of this section, manufacturers may take any reasonable business precautions necessary to protect proprietary business information and are not required to provide this information to any party that does not agree to the se reasonable business precautions.

( 13) Generic and enhanced information for scan tools. By September 25, 2003, manufacturers shall make available to equipment and tool companies all generic and enhanced service information including bi

- directional contr ol and data stream information as defined in paragraph (g)(2)(ii) of this section. This requirement applies for 1996 and later model year vehicles.

( i) The information required by paragraph (g)(13) of this section shall be provided electronically using co mmon document formats to equipment and tool companies with whom they have appropriate licensing, contractual, and/or confidentiality arrangements. To the extent that a central repository for this information (e.g. the

TEK

- NET library developed by the Equip ment and Tool Institute) is used to warehouse this information, the Administrator shall have free unrestricted access. In addition, information required in paragraph (g)(13) of this section shall be made available to equipment and tool companies who are no t otherwise members of any central repository and shall have access if the non

- members have arranged for the appropriate licensing, contractual and/or confidentiality arrangements with the manufacturer and/or a central repository.

( ii) In addition to the generic and enhanced information defined in paragraph (g)(2)(ii) of this section, manufacturers shall also make available the following information necessary for developing generic diagnostic scan tools:

( A) The physical hardware requirements for data com munication (e.g. system voltage requirements, cable terminals/pins, connections such as RS232 or USB, wires, etc.),

( B) ECU data communication (e.g. serial data protocols, transmission speed or baud rate, bit timing requirements, etc.),

( C) Information o n the application physical interface (API) or layers. (i.e., processing algorithms or software design descriptions for procedures such as connection, initialization, and termination),

( D) Vehicle application information or any other related service inform ation such as special pins and voltages or additional vehicle connectors that require enablement and specifications for the enablement.

( iii) Any manufacturer who utilizes an automated process in its manufacturer

specific scan tool for diagnostic fault tr ees shall make available to equipment and tool companies the data schema, detail specifications, including categoryRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 15 of 34 types/codes and vehicle codes, and data format/content structure of the diagnostic

trouble trees.

( iv) Manufacturers can satisfy the requir ement of paragraph (g)(13)(iii) of this section by making available diagnostic trouble trees on their manufacturer Web

sites in full

- text.

( 14) Availability of manufacturer

- specific scan tools. Manufacturers shall make available for sale to the persons sp ecified in paragraph (g)(2)(i) of this section their

own manufacturer

- specific diagnostic tools at a fair and reasonable cost. These tools shall also be made available in a timely fashion either through the manufacturer Web site or through a manufacturer

- d esignated intermediary. Manufacturers who develop different versions of one or more of their diagnostic tools that are used in whole or in part for emission

- related diagnosis and repair shall insure that all emission

- related diagnosis and repair informatio n is available for sale to the aftermarket at a fair and reasonable cost. Manufacturers shall provide technical support to aftermarket service providers for the tools described in this section, either themselves or through a third party of its choice. Fact ors for determining fair and reasonable cost include, but are

not limited to:

( i) The net cost to the manufacturer's franchised dealerships for similar tools obtained from manufacturers, less any discounts, rebates, or other incentive

programs;

( ii) The cost to the manufacturer for preparing and distributing the tools, excluding any research and development costs;

( iii) The price charged by other manufacturers of similar sizes for similar tools;

( iv) The capabilities and functionality of the manufacture r tool;

( v) The means by which the tools are distributed;

( vi) Inflation.

( vii) The ability of aftermarket technicians and shops to afford the tools.

( 15) Changing content of manufacturer

- specific scan tools. Manufacturers who opt to

remove non

- emissio ns related content from their manufacturer

- specific scan tools and sell them to the persons specified in paragraph (g)(2)(i) of this section shall adjust the cost of the tool accordingly lower to reflect the decreased value of the scan tool. All

emissions

- related content that remains in the manufacturer

- specific tool shall be identical to the information that is contained in the complete version of the

manufacturer

- specific tool. Any manufacturer who wishes to implement this option must request approval fro m the Administrator prior to the introduction of the tool into

commerce.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 16 of 34 ( 16) Special tools.

(i) Manufacturers who have developed special tools to extinguish the malfunction indicator light (MIL) for Model Years 1994 through 2003 shall make available the necessary information to equipment and tool companies to design a comparable generic tool. This information was required to be made available to equipment and tool companies no later than September 25, 2003.

( ii) Manufacturers are prohibited from requiri ng special tools to extinguish the malfunction indicator light (MIL) beginning with Model Year 2004.

( 17) Reference materials. Manufacturers shall conform with the following Society of Automotive Engineers (SAE) standards. These documents are incorporated by reference, see § 86.1. Anyone may inspect copies at the U.S. EPA or at the National Archives and Records Administration (NARA). For information on the availability of this material at U.S. EPA, NARA, or the standard making body directly, refer to §

86. 1.

( i) SAE J1930, Revised May 1998. For Web

- based delivery of service information, manufacturers shall comply with this industry standard. This recommended practice standardizes various terms, abbreviations, and acronyms associated with on

- board diagnost ics. Manufacturers shall comply with SAE J1930 beginning with Model

Year 2004.

( ii) SAE J1979, Revised September 1997. For identification and scaling information necessary to interpret and understand data available to a generic scan tool through “mode 6,” manufacturers shall comply with this industry standard. This recommended practice describes the implementation of the diagnostic test modes

for emissions

- related test data. Manufacturers shall comply with this industry standard beginning with Model Year 2 004.

( iii) SAE J2284

- 3, May 2001. For allowing ECU and equipment and tool manufacturers to satisfy the needs of multiple end users with minimum modification to a basic ECU design, manufacturers shall comply with this industry

standard which establishes st andard ECU physical layer, data link layer, and media design criteria. Manufacturers may comply with SAE J2284

- 3 beginning with model year 2003 and shall comply with SAE J2284

- 3 beginning with model year

2008.

( iv) SAE J2534, February 2002. For pass

- throu gh reprogramming capabilities, manufacturers shall comply with this industry standard which provides technical specifications and information that manufacturers must supply to equipment and tool companies to develop aftermarket pass

- through reprogramming t ools. Manufacturers shall comply with SAE J2534 beginning with model year 2004.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 17 of 34 ( 18) Reporting requirements. Manufacturers shall provide to the Administrator reports on an annual basis within 30 days of the end of the calendar year and upon request of the Administrator, that describe the performance of their individual Web sites. These annual reports shall be submitted to the Administrator electronically utilizing non

- proprietary software in the format as agreed to by the Administrator and

the manufacturer s. Manufacturers may request Administrator approval to report on parameters other than those described below if the manufacturer can demonstrate that those alternate parameters will provide sufficient and similar information for the

Administrator to effect ively evaluate the manufacturer Web site. These annual reports shall include, at a minimum, monthly measurements of the following parameters:

( i) Total successful requests (measured in number of files including graphic interchange formats (GIFs) and joint photographic expert group (JPEG) images, i.e., electronic images such as wiring or other diagrams or pictures). This is defined as the total successful request counts of all the files which have been requested, including pages, graphics, etc.

( ii) Total failed requests (measured in number of files). This is defined as the total failed request counts of all the files which were requested but failed because they

could not be found or were read

- protected. This includes pages, graphics, etc.

( iii) Average da ta transferred per day (measured by bytes). This is defined as average amount of data transferred per day from one place to another.

( iv) Daily Summary (measured in number of files/pages by day of week). This is defined as the total number of requests eac h day of the week, over the time period given at the beginning of the report.

( v) Daily report (measured in number of files/pages by the day of the month). This is defined as how many requests there were in each day of a specific month.

( vi) Browser Summ ary (measured in number of files/pages by browser type, i.e., Netscape, Internet Explorer). This is defined as the versions of a browser by vendor.

( vii) Any other information deemed necessary by the Administrator to determine the adequacy of a manufactur er Web site.

( 19) Prohibited acts, liability and remedies. (i) It is a prohibited act for any person to fail to promptly provide or cause a failure to promptly provide information as required by this paragraph (g), or to otherwise fail to comply or cause a failure to comply with any provision of this paragraph (g).

( ii) Any person who fails or causes the failure to comply with any provision of this paragraph (g) is liable for a violation of that provision. A corporation is presumed liable for any violatio ns of this subpart that are committed by any of its subsidiaries, affiliates or parents that are substantially owned by it or substantially under its

control.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 18 of 34 ( iii) Any person who violates a provision of this paragraph (g) shall be subject to a civil pena lty of not more than $32,500 per day for each violation. This maximum penalty is shown for calendar year 2004. Maximum penalty limits for later years may be set higher based on the Consumer Price Index, as specified in 40 CFR part 19. In addition, such per son shall be liable for all other remedies set forth in Title II of the Clean Air Act, remedies pertaining to provisions of Title II of the Clean Air Act, or other applicable provisions of law.

( h) The manufacturer shall furnish or cause to be furnished t o the purchaser of each new motor engine subject to the standards prescribed in § 86.004

- 10 or § 86.004

- 11, as applicable, the following:

( 1) Instructions for all maintenance needed after the end of the useful life of the engine for critical emissions

- rel ated components as provided in § 86.004

- 25(b), including recommended practices for diagnosis, cleaning, adjustment, repair, and replacement of the component (or a statement that such component is maintenance free for the life of the engine) and instruction s for accessing and responding to any

emissions

- related diagnostic codes that may be stored in on

- board monitoring

systems;

( 2) A copy of the engine rebuild provisions contained in § 86.004

- 40.

( i) For each new diesel

- fueled engine subject to the standar ds prescribed in § 86.007

- 11, as applicable, the manufacturer shall furnish or cause to be furnished to the ultimate purchaser a statement that “This engine must be operated only with ultra low

- sulfur diesel fuel (meeting EPA specifications for highway die sel fuel, including a 15 ppm sulfur cap).”

( j) The following provisions describe requirements related to emission control diagnostic service information for heavy

- duty engines used in vehicles over 14,000 pounds gross vehicle weight (GVW):

( 1) Manufactur ers of heavy

- duty engines used in applications weighing more than 14,000 pounds gross vehicle weight (GVW) that are subject to the applicable OBD requirements of this subpart A are subject to the provisions of this paragraph (j) beginning in the 2010 model year. The provisions of this paragraph (j) apply only to those heavy

- duty engines subject to the applicable OBD requirements.

( 2) Upon Administrator approval, manufacturers of vehicles may alternatively comply with all service information and tool provis ions found in § 86.1808

- 01 that are applicable to 2001 and subsequent model year vehicles weighing less than 14,000 pounds gross vehicle weight (GVW). Upon Administrator approval, manufacturers that produce engines for use in vehicles between 8,500 and 14, 000 pounds may, for those engines, alternatively comply with all service information and tool provisions in § 86.010

- 38(j) that are applicable to 2010 and subsequent model year vehicles overRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 19 of 34 14,000 pounds. Implementation dates must comply with the service information provision dates applicable to engines in vehicles between 8,500 and 14,000 pounds.

( 3) General requirements.

(i) Manufacturers shall furnish or cause to be furnished to any person engaged in the repairing or servicing of heavy

- duty engines, o r the Administrator upon request, any and all information needed to make use of the on

- board diagnostic system and such other information, including instructions for making emission

- related diagnosis and repairs, including but not limited to service manual s, technical service bulletins, recall service information, bi

- directional control information, and training information, unless such information is protected by section 208(c) as a trade secret. Manufacturers may take steps to restrict warranty and custom er assurance plan information used only for the purpose of providing such manufacturer covered repairs to only those repair locations authorized by the manufacturer. No such information may be withheld under section 208(c) of the Act if that information is provided (directly or indirectly) by the manufacturer to franchised dealers, authorized service networks, or other persons engaged in the repair, diagnosing, or servicing of heavy

- duty engines.

( ii) Definitions. The following definitions apply for this p aragraph (j):

( A) Aftermarket service provider means any individual or business engaged in the diagnosis, service, and repair of a heavy

- duty engine, who is not directly affiliated with a manufacturer or manufacturer franchised dealership, or authorized s ervice

network.

( B) Authorized service network means a group of independent service and repair facilities that are recognized by engine manufacturers as being capable of performing repairs to factory specification, including warranty repair work.

( C) Bi

- directional control means the capability of a diagnostic tool to send messages on the data bus that temporarily overrides the module's control over a sensor or actuator and gives control to the diagnostic tool operator. Bi

- directional

controls do not creat e permanent changes to engine or component calibrations.

This section has been modifie d to exempt hybrid powertrain systems from the data stream informatio n requirements through the 2019

model

- year.

( D) Data stream information means information (i.e., m essages and parameters) originated within the engine by a module or intelligent sensors (i.e., a sensor that contains and is controlled by its own module) and transmitted between a network of modules and/or intelligent sensors connected in parallel with ei ther one or more

communication wires. The information is broadcast over the communication wires for use by the OBD system to gather information on emissions

- relatedRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 20 of 34 components or systems and from other engine modules that may impact emissions. For the purp oses of this section, data stream information does not include engine calibration related information, or any data stream information from systems or modules that do not impact emissions including hybrid powertrain systems, as defined in § 86

- .010

- 02, that are used in combination with certified engines through the 2019 model

- year.

This section has been modifie d to exempt hybrid powertrain systems from the service information requirements through the 2019 model

year.

( E) Emissions

- related information me ans any information related to the diagnosis, service, and repair of emissions

- related components. Hybrid powertrain systems

, as defined in § 86

- .010

- 02, that are used in combination with certified engines through the 2019 model

- year are not considered emi ssion

- related components.

Emissions

- related information includes, but is not limited to, information regarding any system, component or part of an engine that controls emissions and that is part of the diagnostic strategy for an OBD monitor, but not limit ed to: The engine, the fuel system and ignition system; information for any system, component or part that is likely to impact emissions, and any other information specified by the Administrator to be relevant to the diagnosis and repair of an

emissions

- re lated problem; any other information specified by the Administrator to be relevant for the diagnosis and repair of an emissions

- related failure found through an evaluation of vehicles in

- use and after such finding has been

communicated to the affected manu facturer(s).

( F) Emissions

- related training information means any information related training or instruction for the purpose of the diagnosis, service, and repair of emissions

related components.

( G) Enhanced service and repair information means informa tion which is specific for an original equipment manufacturer's brand of tools and equipment. This includes computer or anti

- theft system initialization information necessary for the completion of any emissions

- related repair on engines that employ integra l security systems.

( H) Equipment and tool company means a registered equipment or software company either public or private that is engaged in, or plans to engage in, the manufacture of scan tool reprogramming equipment or software.

( I) Generic service and repair information means information which is not specific for an original equipment manufacturer's brand of tools and equipment.

( J) Indirect information means any information that is not specifically contained in the service literature, but is conta ined in items such as tools or equipment provided to franchised dealers or authorized service networks (or others). ThisRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 21 of 34 includes computer or anti

- theft system initialization information necessary for the completion of any emissions

- related repair on engin es that employ integral security systems.

( K) Intermediary means any individual or entity, other than an original equipment manufacturer, which provides service or equipment to aftermarket service providers.

( L) Manufacturer franchised dealership means a ny service provider with which a manufacturer has a direct business relationship.

( M) Recalibration means the process of downloading to an engine's on

- board computer emissions

- related revisions of on

- board computer application software and calibration par ameters with default configurations. Recalibration is not dependent on the use of the vehicle identification number (VIN) in determining vehicle configuration.

( N) Reconfiguration means the process of enabling or adjusting engine features or engine parame ters associated with such features to adapt a heavy

- duty engine to a particular vehicle and/or application.

( O) Third party information provider means any individual or entity, other than an original equipment manufacturer, who consolidates manufacturer s ervice information and makes this information available to aftermarket service providers.

( P) Third party training provider means any individual or entity, other than an original equipment manufacturer who develops and/or delivers instructional and

educat ional material for training courses.

( 4) Information dissemination. By July 1, 2010 each manufacturer shall provide or cause to be provided to the persons specified in paragraph (j)(3)(i) of this section and to any other interested parties a manufacturer

- specific World Wide Web site containing the information specified in paragraph (j)(3)(i) of this section for 2010 and later model year engines which have been certified to the OBD requirements specified in § 86.010

- 18 and are offered for sale; this require ment does not apply to indirect information, including the information specified in paragraphs (j)(13) through (j)(17) of this section. Upon request and approval of the Administrator, manufacturers who can demonstrate significant hardship in complying with this provision by August 27, 2009, may request an additional six months lead time to meet this requirement.

Each manufacturer Web site shall:

( i) Provide access in full

- text to all of the information specified in paragraph (j)(6)

of this section.

( i i) Be updated at the same time as manufacturer franchised dealership or

authorized service network World Wide Web sites.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 22 of 34 ( iii) Provide users with a description of the minimum computer hardware and software needed by the user to access that manufacturer's information (e.g., computer processor speed and operating system software). This description shall appear when users first log

- on to the home page of the manufacturer's Web site.

( iv) Upon Administrator approval, implement a range of time periods for onli ne access to any person specified in paragraph (j)(3)(i) of this section whereby the user will be able to access the site, search for the information, and purchase, view and print the information at a fair and reasonable cost as specified in paragraph (j)( 8) of this section for each of the options. In addition, for each of the range of time periods, manufacturers are required to make their entire site accessible for the respective period of time and price. In other words, a manufacturer may not limit

Web si te access to just one make or one model.

( v) Allow the user to search the manufacturer Web site by various topics including but not limited to model, model year, key words or phrases, etc., while allowing ready identification of the latest calibration. Ma nufacturers who do not use model year to classify their engines in their service information may use an alternate delineation such as body series. Any manufacturer utilizing this flexibility shall

create a cross

- reference to the corresponding model year an d provide this cross

reference on the manufacturer Web site home page.

( vi) Provide accessibility using common, readily available software and shall not require the use of software, hardware, viewers, or browsers that are not readily available to the gene ral public. Manufacturers shall also provide hyperlinks to any plug

- ins, viewers or browsers (e.g. Adobe Acrobat or Netscape) needed to access

the manufacturer Web site.

( vii) Allow simple hyper

- linking to the manufacturer Web site from Government

Web sit es and automotive

- related Web sites.

( viii) Possess sufficient server capacity to allow ready access by all users and has sufficient capacity to assure that all users may obtain needed information without undue delay.

( ix) Correct or delete any reported broken Web links on a weekly basis.

( x) Allow for Web site navigation that does not require a user to return to the manufacturer home page or a search engine in order to access a different portion of

the site.

( xi) Allow users to print out any and all of the materials required to be made available on the manufacturers Web site that can be reasonably printed on a standard printer, including the ability to print it at the user's location.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 23 of 34 ( 5) Small volume provisions for information dissemination. (i) Manuf acturers with total annual sales of less than 5,000 engines shall have until July 1, 2011 to launch their individual Web sites as required by paragraph (j)(4) of this section.

( ii) Manufacturers with total annual sales of less than 1,000 engines may, in l ieu of meeting the requirement of paragraph (j)(4) of this section, request the Administrator to approve an alternative method by which the required emissions

related information can be obtained by the persons specified in paragraph (j)(3)(i)

of this secti on.

( 6) Required information. All information relevant to the diagnosis and completion of

emissions

- related repairs shall be posted on manufacturer Web sites. This excludes indirect information specified in paragraphs (j)(7) and (j)(13) through (j)(17) of this section. To the extent that this information does not already exist in some form for their manufacturer franchised dealerships or authorized service networks, manufacturers are required to develop and make available the information required by

this s ection to both their manufacturer franchised dealerships or authorized service networks and the aftermarket. The required information includes, but is not limited to:

( i) Manuals, including subsystem and component manuals developed by a

manufacturer's thi rd party supplier that are made available to manufacturer franchised dealerships or authorized service networks, technical service bulletins (TSBs), recall service information, diagrams, charts, and training materials.

Informal recall service information s uch as engineering notes and/or sketches are not required to be made available as long as this information is not made available to manufacturer franchised dealerships or authorized service networks in the form

of manuals. Manuals and other such service in formation from third party suppliers are not required to be made available in full

- text on manufacturer Web sites as described in paragraph (j)(4) of this section. Rather, manufacturers must make available on the manufacturer Web site as required by paragr aph (j)(4) of this

section an index of the relevant information and instructions on how to order such information. In the alternate, a manufacturer can create a link from its Web site to the Web site(s) of the third party supplier.

( ii) OBD system informa tion which includes, but is not limited to, the following:

( A) A general description of the operation of each monitor, including a description of the parameter that is being monitored;

( B) A listing of all typical OBD diagnostic trouble codes associated with each monitor;

( C) A description of the typical enabling conditions (either generic or monitor

specific) for each monitor (if equipped) to execute during engine operation, including, but not limited to, minimum and maximum intake air and engine

coolan t temperature, speed range, and time after engine startup. In addition,

manufacturers shall list all monitor

- specific OBD drive cycle information for allRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 24 of 34 major OBD monitors as equipped including, but not limited to, catalyst, catalyst heater, oxygen sensor , oxygen sensor heater, evaporative system, exhaust gas re

circulation (EGR), secondary air, and air conditioning system. Additionally, for diesel engines which also perform misfire, fuel system and comprehensive component monitoring under specific driving conditions (i.e., non

- continuous monitoring; as opposed to spark ignition engines that monitor these systems under all conditions or continuous monitoring), the manufacturer shall make available

monitor

- specific drive cycles for these monitors. Any manufa cturer who develops generic drive cycles, either in addition to, or instead of, monitor

- specific drive cycles shall also make these available in full

- text on manufacturer Web sites;

( D) A listing of each monitor sequence, execution frequency and typical d uration;

( E) A listing of typical malfunction thresholds for each monitor;

( F) For OBD parameters for specific engines that deviate from the typical parameters, the OBD description shall indicate the deviation and provide a separate listing of the typica l values for those engines;

( G) Identification and scaling information necessary to interpret and understand data available through Diagnostic Message 8 pursuant to SAE J1939

- 73 (as specified in paragraph (j)(17) of this section), or through Service/Mode $06 pursuant to SAE J1979 (as specified in paragraph (j)(17) of this section).

( H) Algorithms, look

- up tables, or any values associated with look

- up tables are not required to be made available.

( iii) Any information regarding any system, component, or p art of a engine monitored by the OBD system that could in a failure mode cause the OBD system to illuminate the malfunction indicator light (MIL);

( iv) Manufacturer

- specific emissions

- related diagnostic trouble codes (DTCs) and any related service bulleti ns, troubleshooting guides, and/or repair procedures

associated with these manufacturer

- specific DTCs; and

( v) Information regarding how to obtain the information needed to perform reinitialization of any computer or anti

- theft system following an emissio ns

- related repair.

( 7) Anti

- theft System Initialization Information. Computer or anti

- theft system initialization information and/or related tools necessary for the proper installation of

on

- board computers or necessary for the completion of any emissions

- related repair on engines that employ integral security systems or the repair or replacement of any

other emission

- related part shall be made available at a fair and reasonable cost to the persons specified in paragraph (j)(3)(i) of this section.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 25 of 34 ( i) Exc ept as provided under paragraph (j)(7)(ii) of this section, manufacturers must make this information available to persons specified in paragraph (j)(3)(i) of this section, such that such persons will not need any special tools or manufacturer

specific scan tools to perform the initialization. Manufacturers may make such information available through, for example, generic aftermarket tools, a pass

through device, or inexpensive manufacturer specific cables.

( ii) A manufacturer may request Administrator appr oval for an alternative means to

re

- initialize engines for some or all model years through the 2013 model year by July 27, 2009. The Administrator shall approve the request only after the following

conditions have been met:

( A) The manufacturer must demon strate that the availability of such information to aftermarket service providers would significantly increase the risk of theft.

( B) The manufacturer must make available a reasonable alternative means to install or repair computers, or to otherwise repai r or replace an emission

- related

part.

( C) Any alternative means proposed by a manufacturer cannot require aftermarket technicians to use a manufacturer franchised dealership or authorized service networks to obtain information or special tools to re

- init ialize the anti

- theft system. All information must come directly from the manufacturer or a single

manufacturer

- specified designee.

( D) Any alternative means proposed by a manufacturer must be available to

aftermarket technicians at a fair and reasonable price.

( E) Any alternative must be available to aftermarket technicians within twenty

four hours of the initial request.

( F) Any alternative must not require the purchase of a special tool or tools, including manufacturer

- specific tools, to complete this repair. Alternatives may include lease of such tools, but only for appropriately minimal cost.

( G) In lieu of leasing their manufacturer

- specific tool to meet this requirement, a manufacturer may also choose to release the necessary information to equipm ent and tool manufacturers for incorporation into aftermarket scan tools. Any manufacturer choosing this option must release the information to equipment and tool manufacturers within 60 days of Administrator approval.

( 8) Cost of required information.

( i) All information required to be made available by this section, shall be made available at a fair and reasonable price. In determining whether a price is fair and reasonable, consideration may be given to relevant factors, including, but not limited to, the following:Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 26 of 34 ( A) The net cost to the manufacturer franchised dealerships or authorized service networks for similar information obtained from manufacturers, less any discounts, rebates, or other incentive programs;

( B) The cost to the manufacturer for preparing and distributing the information, excluding any research and development costs incurred in designing and implementing, upgrading or altering the onboard computer and its software or any other engine part or component. Amortized capital costs for the preparation and distribution of the information may be included;

( C) The price charged by other manufacturers for similar information;

( D) The price charged by manufacturers for similar information prior to the launch of manufacturer Web sites;

( E) The ability of the average aftermarket technician or shop to afford the information;

( F) The means by which the information is distributed;

( G) The extent to which the information is used, which includes the number of users, and frequency, duration, and volume of use; and

( H) Inflation.

( ii) Manufacturers must submit to EPA a request for approval of their pricing structure for their Web sites and amounts to be charged for the information required to be made available under paragraphs (j)(4) and (j)(6) o f this section at least 180 days in advance of the launch of the web site. Subsequent to the approval of the manufacturer Web site pricing structure, manufacturers shall notify EPA upon the increase in price of any one or all of the subscription options of 20 percent or more above the previously approved price, taking inflation into account.

( A) The manufacturer shall submit a request to EPA that sets forth a detailed description of the pricing structure and amounts, and support for the position that the p ricing structure and amounts are fair and reasonable by addressing, at a minimum, each of the factors specified in paragraph (j)(8)(i) of this section.

( B) EPA will act upon on the request within180 days following receipt of a complete request or followin g receipt of any additional information requested by

EPA.

( C) EPA may decide not to approve, or to withdraw approval for a manufacturer's pricing structure and amounts based on a conclusion that this pricing structure and/or amounts are not, or are no lon ger, fair and reasonable, by sending written notice to the manufacturer explaining the basis for this decision.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 27 of 34 ( D) In the case of a decision by EPA not to approve or to withdraw approval, the manufacturer shall within three months following notice of thi s decision, obtain EPA approval for a revised pricing structure and amounts by following the approval process described in this paragraph.

( 9) Unavailable information. Any information which is not provided at a fair and reasonable price shall be considere d unavailable, in violation of these regulations and section 202(m)(5) of the Clean Air Act.

( 10) Third party information providers. (i) By January 1, 2011 manufacturers shall, for model year 2010 and later engines, make available to third

- party informati on providers as defined in paragraph (j)(3)(ii) of this section with whom they may wish to engage in licensing or business arrangements, the required emissions

- related information as specified in paragraph (j)(6) of this section either:

( A) Directly in el ectronic format such as diskette or CD

- ROM using non

proprietary software, in English; or

( B) Indirectly via a Web site other than that required by paragraph (j)(4) of this

section

( ii) Manufacturers are not responsible for the accuracy of the informatio n distributed by third parties. However, where manufacturers charge information intermediaries for information, whether through licensing agreements or other arrangements, manufacturers are responsible for inaccuracies contained in the information they pro vide to third party information providers.

( 11) Required emissions

- related training information. By January 1, 2011, for

emissions

- related training information, manufacturers shall:

( i) Video tape or otherwise duplicate and make available for sale on man ufacturer Web sites within 30 days after transmission any emissions

- related training courses provided to manufacturer franchised dealerships or authorized service networks via the Internet or satellite transmission. Manufacturers shall not be required to

d uplicate transmitted emissions

- related training courses if anyone engaged in the repairing or servicing of heavy

- duty engines has the opportunity to receive the Internet or satellite transmission, even if there is a cost associated with the equipment requi red to receive the transmission;

( ii) Provide on the manufacturer Web site an index of all emissions

- related training information available for purchase by aftermarket service providers for 2010 and newer engines. The required information must be made ava ilable for purchase

within 3 months of model introduction and then must be made available at the same time it is made available to manufacturer franchised dealerships or authorized service networks, whichever is earlier. The index shall describe the title of the course or instructional session, the cost of the video tape or duplicate, andRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 28 of 34 information on how to order the item(s) from the manufacturer Web site. All of the items available must be shipped within 3 business day of the order being placed and

are to made available at a fair and reasonable price as described in paragraph (j)(8) of this section. Manufacturers unable to meet the 3 business day shipping requirement under circumstances where orders exceed supply and additional time is needed by the dist ributor to reproduce the item being ordered, may exceed the 3 business day shipping requirement, but in no instance can take longer than 14 days to ship the item.

( 12) Timeliness and maintenance of information dissemination. (i) Subsequent to the

initial launch of the manufacturer's Web site, manufacturers must make the information required under paragraph (j)(6) of this section available on their Web site within six months of model introduction, or at the same time it is made available to

manufacturer fra nchised dealerships or authorized service networks, whichever is earlier. After this six month period, the information must be available and updated on the manufacturer Web site at the same time that the updated information is made

available to manufacture r franchised dealerships or authorized service networks, except as otherwise specified in this section.

( ii) Archived information. Manufacturers must maintain the required information on

their Web sites in full

- text as defined in paragraph (j)(6) of this section for a minimum of 15 years after model introduction. Subsequent to this fifteen year period, manufacturers may archive the information in the manufacturer's format of choice and provide an index of the archived information on the manufacturer Web

si te and how it can be obtained by interested parties. Manufacturers shall index their available information with a title that adequately describes the contents of the document to which it refers. Manufacturers may allow for the ordering of

information direc tly from their Web site, or from a Web site hyperlinked to the manufacturer Web site. In the alternate, manufacturers shall list a phone number and address where aftermarket service providers can call or write to obtain the

desired information. Manufacture rs must also provide the price of each item listed, as well as the price of items ordered on a subscription basis. To the extent that any additional information is added or changed for these model years, manufacturers shall update the index as appropriate. Manufacturers will be responsible for ensuring that their information distributors do so within one regular business day of receiving the order. Items that are less than 20 pages (e.g. technical service bulletins) shall be faxed to the requestor and distr ibutors are required to deliver the information overnight if requested and paid for by the ordering party. Archived information must be made available on demand and at a fair and reasonable price.

( 13) Recalibration information. (i) Manufacturers shall ma ke available to the persons specified in paragraph (j)(3)(i) of this section all emissions

- related recalibration or reprogramming events (including driveability reprogramming events that may affect emissions) in the format of their choice at the same time they are made available to manufacturer franchised dealerships or authorized service networks. This requirement applies on July 1, 2013.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 29 of 34 ( ii) Manufacturers shall provide persons specified in paragraph (j)(3)(i) of this

section with an efficient and cost

- e ffective method for identifying whether the calibrations on engines are the latest to be issued. This requirement applies on July
1, 2013.

( iii) For all 2013 and later OBD engines equipped with reprogramming capability, manufacturers shall comply with eit her SAE J2534

- 1 (as specified in paragraph (j)(17) of this section), or the Technology and Maintenance Council's (TMC) Recommended Practice TMC RP 1210B (as specified in paragraph (j)(17) of this section).

( iv) For model years 2013 and later, manufacturer s shall make available to aftermarket service providers the necessary manufacturer

- specific software applications and calibrations needed to initiate pass

- through reprogramming. This software shall be able to run on a standard personal computer that utiliz es standard operating systems as specified in either SAE J2534

- 1 (as specified in paragraph (j)(17) of this section) or TMC RP 1210B (as specified in paragraph (j)(17) of this section).

( v) Manufacturers may take any reasonable business precautions necess ary to protect proprietary business information and are not required to provide this information to any party that does not agree to these reasonable business precautions. The requirements to make hardware available and to release the information to equipm ent and tool companies apply on July 1, 2013, and within 3 months of model introduction for all new model years.

( 14) Generic and enhanced information for scan tools. By July 1, 2013, manufacturers shall make available to equipment and tool companies all generic and enhanced service information including bi

- directional control and data stream information as defined in paragraph (j)(3(ii) of this section. This requirement applies for 2013 and later model year engines.

( i) The information required by this p aragraph (j)(14) shall be provided electronically using common document formats to equipment and tool companies with whom they have appropriate licensing, contractual, and/or confidentiality arrangements. To the extent that a central repository for this in formation (e.g. the

TEK

- NET library developed by the Equipment and Tool Institute) is used to warehouse this information, the Administrator shall have free unrestricted access. In addition, information required by this paragraph (j)(14) shall be made avail able to equipment and tool companies who are not otherwise members of any central repository and shall have access if the non

- members have arranged for the appropriate licensing, contractual and/or confidentiality arrangements with the

manufacturer and/or a central repository.

( ii) In addition to the generic and enhanced information defined in paragraph (j)(3)(ii) of this section, manufacturers shall also make available the following information necessary for developing generic diagnostic scan tools:Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 30 of 34 ( A) The physical hardware requirements for data communication (e.g., system voltage requirements, cable terminals/pins, connections such as RS232 or USB, wires, etc.),

( B) Electronic Control Unit (ECU) data communication (e.g., serial data protocols, transmis sion speed or baud rate, bit timing requirements, etc.),

( C) Information on the application physical interface (API) or layers. (i.e., processing algorithms or software design descriptions for procedures such as connection, initialization, and termination ),

( D) Engine application information or any other related service information such as special pins and voltages or additional connectors that require enablement and specifications for the enablement.

( iii) Any manufacturer who utilizes an automated proc ess in their manufacturer

specific scan tool for diagnostic fault trees shall make available to equipment and tool companies the data schema, detail specifications, including category types/codes and codes, and data format/content structure of the diagnost ic trouble

trees.

( iv) Manufacturers can satisfy the requirement of paragraph (j)(14)(iii) of this section by making available diagnostic trouble trees on their manufacturer Web

sites in full

- text.

( v) Manufacturers shall make all required information av ailable to the requesting equipment and tool company within 14 days after the request to purchase has been made unless the manufacturer requests Administrator approval to refuse to disclose such information to the requesting company or requests Administrat or approval for additional time to comply. After receipt of a request and consultation with the affected parties, the Administrator shall either grant or refuse the petition based on the evidence submitted during the consultation process:

( A) If the evide nce demonstrates that the engine manufacturer has a reasonably based belief that the requesting equipment and tool company could not produce safe and functionally accurate tools that would not cause damage to the engine, the petition for non

- disclosure wil l be granted. Engine manufacturers are not required to provide data stream and bi

- directional control information that would permit an equipment and tool company's products to modify an EPA

- certified engine or transmission configuration.

( B) If the eviden ce does not demonstrate that the engine manufacturer has a reasonably

- based belief that the requesting equipment and tool company could not produce safe and functionally accurate tools that would not cause damage to the engine, the petition for non

- disclos ure will be denied and the engineRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 31 of 34 manufacturer, as applicable, shall make the requested information available to the requesting equipment and tool company within 2 days of the denial.

( vi) If the manufacturer submits a request for Administrator approval f or additional time, and satisfactorily demonstrates to the Administrator that the engine manufacturer is able to comply but requires additional time within which to do so, the Administrator shall grant the request and provide additional time to fully and

e xpeditiously comply.

( vii) Manufacturers may require that tools using information covered under paragraph (j)(14) of this section comply with the Component Identifier message specified in SAE J1939

- 71 (as specified in paragraph (j)(17) of this section) as Parameter Group Number (PGN) 65249 (including the message parameter's make, model, and serial number) and the SAE J1939

- 81 (as specified in paragraph (j)(17) of this section) Address Claim PGN.

( viii) Manufacturers are not required to make available to e quipment and tool companies any information related to reconfiguration capabilities or any other information that would make permanent changes to existing engine configurations.

( 15) Availability of manufacturer

- specific scan tools. (i) By July 1, 2013,

m anufacturers shall make available for sale to the persons specified in paragraph (j)(3)(i) of this section their own manufacturer

- specific diagnostic tools at a fair and reasonable cost. These tools shall also be made available in a timely fashion either

t hrough the manufacturer Web site or through a manufacturer

- designated intermediary. Upon Administrator approval, manufacturers will not be required to

make available manufacturer

- specific tools with reconfiguration capabilities if they

can demonstrate to t he satisfaction of the Administrator that these tools are not essential to the completion of an emissions

- related repair, such as recalibration. As a condition of purchase, manufacturers may request that the purchaser take all necessary training offered by the engine manufacturer. Any required training materials and classes must comply with the following:

( A) Similar training must be required by the engine manufacturer for the use of the same tool by its franchised dealerships or authorized service network s;

( B) The training must be substantially similar to such training in terms of material covered and the length of training;

( C) The training must be made available within six months after a tool request has been made;

( D) The training must be made avail able at a fair and reasonable price.

( ii) Manufacturers shall ship purchased tools in a timely manner after a request and training, if any, has been completed. Any required training materials and classes must be made available at a fair and reasonable pri ce. Manufacturers who developRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 32 of 34 different versions of one or more of their diagnostic tools that are used in whole or in part for emission

- related diagnosis and repair shall also insure that all emission

related diagnosis and repair information is available for sale to the aftermarket at a fair and reasonable cost. Factors for determining fair and reasonable cost include,

but are not limited to:

( A) The net cost to the manufacturer's franchised dealerships or authorized service

network for similar tools obta ined from manufacturers, less any discounts, rebates, or other incentive programs;

( B) The cost to the manufacturer for preparing and distributing the tools, excluding any research and development costs;

( C) The price charged by other manufacturers of si milar sizes for similar tools;

( D) The capabilities and functionality of the manufacturer tool;

( E) The means by which the tools are distributed;

( F) Inflation;

( G) The ability of aftermarket technicians and shops to afford the tools.

Manufacturers sh all provide technical support to aftermarket service providers for the tools described in this section, either themselves or through a third

- party of

their choice.

( 16) Changing content of manufacturer

- specific scan tools. Manufacturers who opt to

remove non

- emissions related content from their manufacturer

- specific scan tools and sell them to the persons specified in paragraph (j)(3)(i) of this section shall adjust the cost of the tool accordingly lower to reflect the decreased value of the scan tool. All

emissions

- related content that remains in the manufacturer

- specific tool shall be identical to the information that is contained in the complete version of the

manufacturer

- specific tool. Any manufacturer who wishes to implement this option

must request a pproval from the Administrator prior to the introduction of the tool into

commerce.

( 17) Reference materials. Manufacturers shall conform with the following industry standards. These documents are incorporated by reference in § 86.1. Anyone may inspect co pies at the U.S. EPA or at the National Archives and Records Administration (NARA). For information on the availability of this material at U.S. EPA, NARA, or the standard making bodies directly, refer to § 86.1.

( i) SAE J1939

- 71, Revised January 2008. Fo r providing a means for the application processes to access the OSI environment, manufacturers shall comply with this industry standard.Regulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 33 of 34 ( ii) SAE J1939

- 73, Revised September 2006. For identification and scaling information necessary to interpret and under stand data available through Diagnostic Message 8, manufacturers shall comply with this industry standard. In the alternate, manufacturers may comply with Service/Mode $06 pursuant to SAE J1979, Revised May 2007. These recommended practices describe the im plementation of diagnostic test modes for emissions related test data. Manufacturers shall comply

with either SAE J1939

- 73 or SAE J1979 beginning with Model Year 2013.

( iii) SAE J1939

- 81, Revised May 2003. For management of source addresses and

the associ ation of those address with an actual function and with the detection and reporting of network realized errors, manufacturers shall comply with this industry

standard.

( iv) SAE J2403, Revised August 2007. For Web

- based delivery of service information, man ufacturers shall comply with this industry standard which standardizes various terms, abbreviations, and acronyms associated with on

- board diagnostics. Manufacturers shall comply with SAE J2403 beginning with the Model

Year 2013.

( v) TMC RP 1210B, Revised June 2007. For pass

- thru reprogramming capabilities, manufacturers shall comply with Technology and Maintenance Council's (TMC) Recommended Practice TMC RP 1210B. In the alternate, manufacturers may comply with SAE J2534

- 1, Revised December 2004. These re commended practices provide technical specifications and information that manufacturers must supply to equipment and tool companies to develop aftermarket pass

- thru reprogramming tools. Manufacturers shall comply with either TMC RP 1210B or SAE J2534

- 1 beg inning with Model Year 2013.

( 18) Reporting requirements. Performance reports that adequately demonstrate that each manufacturers website meets the information requirements outlined in paragraphs (j)(6)(i) through (j)(6)(vi) of this section shall be submi tted to the Administrator annually or upon request by the Administrator. These reports shall indicate the performance and effectiveness of the websites by using commonly used Internet statistics (e.g., successful requests, frequency of use, number of subsc riptions purchased, etc.). Manufacturers shall provide to the Administrator reports on an annual basis within 30 days of the end of the calendar year. These annual reports shall be submitted to the Administrator electronically utilizing non

- proprietary sof tware in the format as agreed to by the Administrator and the manufacturers.

( 19) Prohibite d acts, liability and remedies.

(i) It is a prohibited act for any person to fail to promptly provide or cause a failure to promptly provide information as require d by this paragraph (j), or to otherwise fail to comply or cause a failure to comply with any provision of this subsection.

( ii) Any person who fails or causes the failure to comply with any provision of this paragraph (j) is liable for a violation of tha t provision. A corporation is presumedRegulatory text edited and submitted by the Hybrid Manufacturers Regulatory Council.

Page 34 of 34 liable for any violations of this subpart that are committed by any of its subsidiaries, affiliates or parents that are substantially owned by it or substantially under its

control.

( iii) Any person who violates a pr ovision of this paragraph (j) shall be subject to a civil penalty of not more than $ 31,500 per day for each violation. This maximum penalty is shown for calendar year 2002. Maximum penalty limits for later years may be set higher based on the Consumer Pri ce Index, as specified in 40 CFR part 19. In addition, such person shall be liable for all other remedies set forth in Title II of the Clean Air Act, remedies pertaining to provisions of Title II of the Clean Air Act, or other applicable provisions of law.

( iv) Manufacturers will not have any emissions warranty, in

- use compliance, defect reporting or recall liability for service on a heavy

- duty engine that is not undertaken by the manufacturer, for any damage caused by their own tools in the hands of indep endent service providers, or for the use and misuse of third party tools.

[74 FR 8408, Feb. 24, 2009, as amended at 75 FR 22978, Apr. 30, 2010]