### 1 

### M a y 2 , 201 3

MEMORANDUM

SUBJECT: Heavy

- Duty Engine and Vehicle Greenhouse Gas Emissions and Fuel Consumption Regulatory

Changes

FROM: Maurice Hicks , NHTSA

Angela Cullen, EPA

TO: Docket No. EPA

- HQ

- OAR

- 2012

- 0102 and NHTSA

- 2012

- 0152

NHTSA and EPA are making several corrections and adjustments to the regulations related to greenhouse gas (GHG) emission standards and fuel efficiency requirements for heavy

- duty engines and vehicles. This memo is intended to assist readers in understand ing the specific changes we are making. While we intend for the regulatory provisions in this memo to be identical to those published in the Federal Register, readers should understand that this is an unofficial version. Only the regulations published in the Federal Register are considered official for the public record or for public comment.

The revisions described in this memo generally affect the joint heavy

- duty program ( 76 FR 57106 ) . However, some of these amendments are unique to the rules of one or the other agency. Thus, this memo is divided into three sections. First is the set of amendments that directly affect both EPA’s and NHTSA’s regulations, which are discussed in Section A below. Next
, the amendments exclusive to NHTSA’s regulations in 4 9 CFR parts 523 and 535 are included in Section B. Finally, EPA’s unique amendments in 40 CFR parts 85, 86, 1036, 1037, 1065, and 1066, are discussed in Section C.

A. Joint Heavy

- Duty GHG and Fuel Efficiency Amendments

The joint amendments to the EPA and NHTSA regulatory provisions, as described in the preamble Section II.B
, are contained in Table 1 below . This table contains a comparison of the EPA re vised regulatory text sections and the parallel NHTSA sections.

### 2 

### Table 1 : Joint EPA/NHTSA Technical Amendments
Reason for Change Revised EPA Regulation Text Revised NHTSA Regulation Text The hybrid engine test procedures in 40 CFR 1036.525 and 49 CFR 535.7(e )( 1 )( ii) refer to instructions which are only applicable to engine testing, not vehicle or powertrain testing. § 1036.525 Hybrid engines. (a) If your engine system includes features that recover and store energy during engine motoring operation test the engine as described in paragraph (d) of this section. See §1036.615(a)(2) for engine systems intended to include features that recover and store energy from braking unrelated to engine motoring operation. For purposes of this section, features that recover energy between the engine and transmission are considered

“ related to engine motoring ”

. § 535.7(e) Additional credit provisions. (1) Advanced technology credits. (ii) Heavy

- duty engines. (A) This section specifies how to generate advanced technology

- specific fuel consumption credits for hybrid powertrains that include energy storage systems and regenerative braking (including regenera tive braking ) engines and for engines that include Rankine

- cycle (or other bottoming cycle) exhaust energy recovery systems for which the manufacturer is requesting a n engine certificate from EPA

. Calculate the advanced technology credits as follows: ( 1 ) Pre

- transmission Determine the equivalent fuel consumption for hybrid powertrains are those engine systems that include with features that recover and store energy during engine motoring operation but not from the vehicle wheels. These powertrains are tested using the hybrid engine test procedures of 40 CFR part 1065 or using the po st

transmission test procedures from the emissions rates derived in accordance with 40 CFR 1036.525

. (2) Post

- transmission hybrid powertrains are those powertrains that inc lude features that recover and store energy from braking at the vehicle wheels. These powertrains are tested by simulating the chassis test procedure applicable for hybrid vehicles under 40 CFR 1037.550. ( 3 2) Test Determine the equivalent fuel consumption for hybrid pre

- transmission powertrains that include energy storage systems and regenerative braking (including regenerative engine braking) and for engines that include Rankine

- cycle exhaust energy recovery system s according to the test procedures specified in 40 CFR part 1036, subpart F, unless EPA approves the manufacturer’s alternate procedures from the emissions rates derived in accordance with 40 CFR 1036.615. Hybrid pre

- transmission powertrains are those engine systems that include features that recover and store energy during engine motoring operation but not from the vehicle wheels. Determine the equivalent fuel consumption of hybrid engines in accordance with this paragraph unless EPA approves an alter native test procedure for the manufacturer.

### 3 Reason for Change Revised EPA Regulation Text Revised NHTSA Regulation Text Clarify that the post transmission hybrid test procedures can only be used for vehicle GHG certification. §1036.615 Engines with Rankine cycle waste heat recovery and hybrid powertrains. a) Hybrid powertrains. The following provisions apply for pre

- transmission and post

transmission hybrid powertrains: (a) Pre

- transmission hybrid powertrains . Test pre - transmission hybrid powertrains with the hybrid engine test procedures of 40 CFR part 1065 or with the post

- transmission test procedures in 40 CFR 1037.550. Pre

transmission hybrid powertrains are those engine systems that include features to recover and store energy during engine motoring operation but not from the vehicle’s wheels. (1) Pre

- transmission hybrid powertrains are those engine systems that include features that recover and store energy during engine motoring operation but not from the vehicle wheels. These powertrains are tested using the hybrid test procedures of 40 CFR part 1065 or using the post

- transmission test procedures in
40 CFR 1037.550. (2) Post

- transmission hybrid powertrains are those powertrains that include features that recover and store energy from braking but that cannot function as hybrids without the

tr ansmission. These powertrains must have a single output shaft to the final drive and are tested by simulating the chassis test procedure applicable for hybrid vehicles under 40 CFR 1037.550. You need our approval before you begin testing. Changes above to 49 CFR 535.7(e)(1 )( i i) address the issue.

### 4 Reason for Change Revised EPA Regulation Text Revised NHTSA Regulation Text Clarify that 40 CFR 1037.525 is applicable to either pre

- or post

transmission hybrid architectures tested in a powertrain cell or in a vehicle chassis cell. § 1037.525 Special procedures for testing hybrid vehicles with power take

- off. This section describes the procedure for quantifying the reduction in greenhouse gas emissions as a result of running power take

- off (PTO) devices with a hybrid powertrain. The procedure s are written to test the PTO by ensuring that the engine produces all of the energy with no net change in stored energy so that all the energy is produced with the engine

. The full test for the hybrid vehicle is from a fully charged renewable energy stor age system (RESS) to a depleted RESS and then back to a fully charged RESS. These procedures may be used for testing any hybrid architecture for which you are requesting a vehicle certificate using either chassis testing or powertrain testing. These proc edures may be used for whole vehicles
, or with a post

- transmission hybrid system. When testing just the post

transmission hybrid system, y Y ou must include all hardware for the PTO system. You may ask us to modify the provisions of this section to allow t esting hybrid vehicles other than electric

battery hybrids, consistent with good engineering judgment. § 535.7(e) Additional credit provisions. (1) Advanced technology credits. (i) Heavy

- duty vehicles. (A) This section specifies how to generate advanced technology

- specific fuel consumption credits for advanced technology system ( hybrid vehicles with regenerative braking, vehicles equipped
, vehicles

w ith Rankine

- cycle engines and fuel cell vehicles (or other vehicle specific advanced technologies) for which the manufacturer is requesting a vehicle certificate from EPA . C alculate the advanced technology credits as follows:
(1) Determine the equivalent fu el consumption for hybrid systems with power take

- off devices either from chassis or powertrain testing emissions rates derived in accordance with 40 CFR 1037.525. Determine the equivalent fuel consumption for hybrid systems with pre or post

- transmissions and for vehicles with other

non - hybrid advanced technology systems from chassis testing emissions rates derived in accordance with 40 CFR 1037.550. Determine the equivalent fuel consumption in accordance with this paragraph unless EPA approves an alternative test procedure for the manuf acturer. Measure the effectiveness of the advanced system by chassis testing a vehicle equipped with the advanced system and an equivalent conventional system in accordance with 40 CFR 1037.525, 1037.550 and 1037.615. Clarify that 40 CFR
1037.550 is applicable to either pre

- or post

transmission hybrid architectures tested in a powertrain cell. § 1037.550 Special procedures for testing post

transmission hybrid systems. This section describes the procedure for simulating a chassis test with a pre transmission or post

- transmission hybrid system for A to B testing. These procedures may also be used to perform A to B testing with non - hybrid systems. Change addressed above in 535.7(e)(i)(1)

### 5 Reason for Change Revised EPA Regulation Text Revised NHTSA Regulation Text Apply the language from
40 CFR 1037.550 to 40 CFR 1037.615 which allows the application of an improvement factor or test result from a vehicle configuration with the smallest potential reduction in GHG emissions as a result of the hybrid system to be applied to multiple vehicle configurations. § 1037.615 Hybrid vehicles and other advanced technologies

. (b) (1) Measure the effectiveness of the advanced system by chassis testing a vehicle equipped with the advanced system and an equivalent conventional vehicle , or by testin g the hybrid systems and th e equi valent non

hybrid systems as described in §1037.550 . Test the vehicles as specified in subpart F of this part. For purposes of this paragraph (b), a conventional vehicle is considered to be equivalent if it has the same footprint (as defined in 40 CFR 86.1803), vehicle service class, aerodynamic drag, and other relevant factors not directly related to the hybrid powertrain. If you use § 1037.525 to quantify the benefits of a hybrid system for PTO operation, the conventional vehicle must have the same number of PTO circuits and have equivalent PTO power. If you do not produce an equivalent vehicle, you may create and test a prototype equivalent vehicle. The conventional vehicle is considered Vehicle A and the advanced vehicle is considered Vehicle B. We may specify an alternate cycle if your vehicle includes a power take

- off. (3) If you apply an improvement factor to multiple vehicle configurations using the same advanced technology, use the vehicle configuration with the smallest potential reduction in greenhouse gas emissions resulting from the hybrid capabi lity. (3) (4) Use the equations of § 1037.705 to convert the g/ton

- mil e benefit to emissions credits ( in Mg). Use the g/ton

- mile benefit in place of the (S td

- FEL) term. § 535.7(e) Additional credit provisions. (1) Advanced technology credits. (i) Heavy

- duty vehicles. (4) The manufacturer may apply the improvement factor to multiple vehicle configurations, if it uses the vehicle configuration with the smallest potential reduction in fuel consumption performance as a result of the hybrid capability. (4) ( 5) Calculate the benefit in credits using the equation in paragraph 535.7(c)(11) of this section and replacing the term (Std

- FEL) with the benefit.

### 6 Reason for Change Revised EPA Regulation Text Revised NHTSA Regulation Text Clarify that the optional certification of certain vehicles to the standards of 40 CFR 1037.104 and 49 CFR 535.5(a) are optionally extended to spark ignition complete and cab

complete vehicles with a GVWR over 14,000 pounds and below 26,001 pounds (Class 4 through Class 6 vehicles). § 1037.150 Interim provisions. (l) Optional certification under §1037.104 . You may certify certain complete or cab

- complete vehicles to the standards of §1037.104. All vehicles optionally certified under this
par agraph (l) are deemed to be subject to the standards of §1037.104. Note that for vehicles above 14,000 pounds GVWR and at or below 26,00 0 pounds GVWR , certification under this paragraph (l) does not affect how you may or may not certify with respect to cr iteria pollutants. For example, certifying a Class 4 vehicle under this paragraph (l) does not allow you to chassis

- certify these vehicles with respect to criteria pollutants emissions

. (1) You may certify any complete or cab

complete spark

- ignition vehicles above 14,000 pounds GVWR and at or below 26,00 0 pounds
GVWR to the standards of §1037.104, even though §1037.104 specifies that you may certify vehicles to the standards of that secti on only if they are chassis

- certified for criteria pollutants

. § 523.7 Heavy

- duty pickup trucks and vans. Heavy

- duty pickup trucks and vans are pickup trucks and vans with a gross vehicle weight rating between 8,501 pounds and 14,000 pounds (Class 2b thr ough 3 vehicles) manufactured as complete vehicles by a single or final stage manufacturer or manufactured as incomplete vehicles as designated by a manufacturer. A manufacturer may also optionally designate as a heavy

- duty pickup truck or van any incomplete cab

- complete or complete vehicle s having a GVWR over 14,000 pounds and below 26,001 pounds equipped with a spark ignition engine as heavy

- duty pickup trucks or vans or designate any spark ignition (or gasoline) engine s certified and sold as a loose engine s manufactured for use in a heavy

- duty pickup truck s or van s . See references in 40 CFR 1037.104 and 40 CFR 1037.150. Complete and incomplete vehicles between 8,501 pounds and 14,000 pounds have the meaning for complete and incomplete heavy

- du ty vehicles given in 40
CFR 86.1803.

§ 5 35.5 (a) Heavy

- duty pickup trucks and vans. (6) Optional certification under this section. A

m anufacturer s may optionally certify any spark ignition (or gasoline) cab

- complete or complete vehicle weighing over 14,000 pounds GVWR and below 26,001 pounds GVWR complete or cab

- complete Class 2b through 5 vehicles weighing at or below 19,500 pounds GVWR and any incomplete vehicles approved by EPA for inclusion under this paragraph to the requirements same testing an d standard s under this paragraph (a) that applies to a com parable complete sister vehicle as determined in accordance with 40 CFR 1037.150(l). Calculate the target standard value under paragraph (a)(2) of this section based on the same work factor value that applies for the complete sister vehicle. The agencies are clarifying how reporting requirements apply to heavy

- duty pickup truck and van manufacturers and to simplify the § 1037.104 Exhaust emission standards for CO 2 , CH 4 , and N 2 O for heavy

- duty vehicles at or below 14,000 pounds. (d)(15): You must submit a final report w ithin 90 days after the end of the model year. Unless we specify otherwise, include § 535.8 (d) End

- of

- the

- Year

- Report. Heavy

- duty vehicle and engine both manufacturers participating and not

- participating in the ABT program are required to submit end

- of

- the

- year (EOY) reports in accordance with 40 CFR 1036.730 and 1037.730

. an end

- of

- the

- year (EOY)

### 7 Reason for Change Revised EPA Regulation Text Revised NHTSA Regulation Text reporting by eliminating the final report and requiring a single annual report due 90 days after the model year. The requirements for the annual report were included in 40 CFR
86.1865

- 12(l) in the original regulations. NHTSA is modifying its regulation to harmonize with EPA provisions. applicable information identified in 40 CFR
86.1865

- 12(l), 40 CFR 600.512, and 49 CFR 535.8(e). The final report must include at least the following information : (i) Model year

. (ii) Applicable fleet

- average CO 2 standard

. (iii) Calculated fleet

- average CO 2 value and all the values required to calculate the CO 2 value

. (iv) Number of credits or debits incurred and all values required to calculate those values. (v) Resulting balance of credits or debits

. (vi ) N 2 O emissions

. (vii) CH 4 emissions

. (viii) HFC leakage score

. report containing information for NHTSA as specified in paragraph (d)(2) and in accordance with 40 CFR 1036.250, 1036.730, 1037.104, 1037.250 and 1037.730. The EOY reports are used to review a manufacturer’s preliminary or final com pliance information and to identify manufacturers that might have a credit deficit for the given model year. For model years 2013 and later, heavy

- duty vehicle and engine manufacturers complying with NHTSA’s voluntary and mandatory standards must submit E OY reports through the EPA database including both GHG emissions and fuel consumption information for each given model year.

(2) Contents. Each EOY report must be submitted including the following fuel consumption information for each model year. EOY rep orts for manufacturers participating in the ABT program must include preliminary final estimates. EOY reports for manufacturers not participating in the ABT program and for heavy

- duty pickup truck and van manufacturers must include finalized data.

(vi) A plan final summary as specified in paragraph (h)(6) describing the vocational vehicles and vocational tractors that were exempted as heavy

- duty off

- road vehicles. This applies to manufacturers participating and not participating in the ABT program. (vii) A final plan summary describing any advanced or innovative technology engines or vehicles including alternative fueled vehicles that were produced for the model year identifying the approaches used to determinate compliance and the production volume s. (viii) A final list of each unique subconfiguration included in a manufacturers fleet of heavy

- duty pickup trucks and vans describing the designations, attribute based

- values (GVWR, GCWR, Curb Weight and drive configurations) and standards. This provision applies only to manufacturers producing heavy

- duty pickup trucks and vans. (ix) The final fuel consumption fleet average standard derived from the unique vehicle

### 8 Reason for Change Revised EPA Regulation Text Revised NHTSA Regulation Text configurations. This provision applies only to manufacturers producing heavy

- duty pi ckup trucks and vans. (x) The preliminary final subconfiguration and test
group production volumes. This provision applies only to manufacturers producing heavy

- duty pickup trucks and vans. (xi) The preliminary final fuel consumption test group results and fleet average performance. This provision applies only to manufacturers producing heavy

- duty pickup trucks and vans. The existing definitions for “configuration” and “subconfiguration,” define how to group vehicles by similar characteristics within a tes t group when conducting testing to determine CO 2 emissions and fuel consumption rates for heavy

- duty pickup trucks and vans. The agencies believe the current definitions could be specified further according to established principles to prevent any ambigu ity for manufacturers in conducting testing for heavy

- duty pickup trucks and vans. § 1037.104 Exhaust emission standards for CO 2 , CH 4 , and N 2 O for heavy

- duty vehicles at or below 14,000 pounds GVWR. (d) (12) The following definitions apply for the purposes of this section: (i) Configuration means a subclassification within a test group which is based on engine code, transmission type and gear ratios, final drive ratio , and other parameters which we designate. Transmission type means the basic type of the transmission (e.g. , automatic, manual, automated manual, semi

- automatic, or continuously variable) and does not include the drive system of the vehicle (e.g. , front

wheel drive, rear

- wheel drive, or four

- wheel drive). Engine code means the combinat ion of both “engine code” and “basic engine” as defined in 40 CFR 600.002. Note that this definition differs from the one definition in 40
CFR 86.1803. (ii) Subconfiguration means a unique combination within a vehicle configuration (as defined in this pa ragraph (d)(12)) of equivalent test weight, road

- load horsepower, and any other operational characteristics or parameters that we determine may significantly affect CO 2 emissions within a vehicle configuration. Note that for vehicles subject to standards of this section, equivalent test weight (ETW) is based on the ALVW of the vehicle as outlined in paragraph (d)(11) of this section

. (iii) The terms “complete vehicle” and “incomplete vehicle” have the meanings given for “complete heavy

- duty vehicle” and “incomplete heavy

- duty vehicle” , respectively,
in 40 CFR 86.1803. § 535.4 Definitions.

Configuration means a subclassification within a test group which is based on engine code, transmission type and gear ratios, final drive ratio and other parameters w hich EPA designates. Transmission type means the basic type of the transmission (e.g. automatic, manual, automated manual, semi

- automatic, or continuously variable) and does not include the drive system of the vehicle (e.g. front

- wheel drive, rear

- wheel drive, and four

- wheel drive). Engine code means the combination of both “engine code” and “basic engine” as defined in the provisions of 40
CFR 600.002.

Subconfiguration means a unique combination within a vehicle configuration of equivalent test weight, road

- load horsepow er, and any other operational characteristics or parameters that EPA determines may significantly affect CO2 emissions within a vehicle configuration. Note that for vehicles subject to heavy

- duty pickup truck and van standards, equivalent test weight (ETW) is based on the ALVW of the vehicle as outlined in paragraph 40 CFR 1037.104(d)(11).

### 9 Reason for Change Revised EPA Regulation Text Revised NHTSA Regulation Text Clarify that the vocational tractors should be certified as part of the vocational regulatory subcategory that applies to their weight class as stated in 40 CFR 1037.630 (b)(2). § 1037.230 Vehicle families, sub

- families, and configurations

. (a)(1) (xiii) Vocational tractors above 26,000 pounds
GVWR and at or below 33,000 pounds GVWR. Note that vocational tractor provisions do not apply for vehicles at or below than 26,000 pounds GVWR. (xiv) Vocational tractors above 33,000 pounds
GVWR. § 535.5(c) Truck tractors.

(5) Vocational tractors . Tractors meeting the definition of vocational tractors in 49 CFR 523.2 for purposes of certifying vehicles to fuel consumption standard s, are divided into families of vehicles as specified in 1037.230(a)(1) and must comply with standards for heavy

- duty vocational vehicles and engines of the same weight class specified in paragraphs (b) and (d) of this section. Class 7 and Class 8 tractors certified or exempted as vocational tractors are limited in productio n to no more than 21,000 vehicles in any three consecutive model years. If a manufacturer is determined as not applying this allowance in good faith by the EPA in its applications for certification in accordance with 40 CFR 1037.205 and 1037.630, a manufa cturer must comply with the tractor fuel consumption standards in paragraph (c)(3) of this section . Vocational tractors generating credits can trade and transfer credits in the same averaging sets as tractors and vocational vehicles in the same weight cla ss.



### B. NHTSA

- Only Fuel Efficiency Technical Amendments

The unique amendments for the NHTSA program, as described in Section II.C of the preamble to the rule, are contained in Table 2 . This table contains a comparison of the existing EPA and the revised NHTSA regulatory text sections.

Table 2 : NHTSA

- Only Technical Amendments

Reason for Change Exist ing EPA Regulation Text Revised NHTSA Regulation Text
NHTSA to clarify that second stage manufacturers can be certificate holders and ultimately credit holders as per 40 CFR 1037.620. "Shipment of Incomplete Vehicles." This requirement covers § 1037.620 Shipment of incomplete vehicles to secondary vehicle manufacturers

. (a) The provisions of this section allow manufacturers to ship partially complete vehicles to secondary vehicle manufacturers or otherwise introduce them into U.S. commerce in the following circumstances: (3) Uncertified vehicles that will be certified by secondary vehicle manufacturers. Manufacturers may introduce into U.S. commerce partially complete vehicles for which they do not hold a certificate of conformity only as allowed by § 535.3(b) Complete vehicle manufacturers, for the purpose of this part, include primary and s econdary stage manufacturers meeting the criteria in
1037.620 that produce heavy

- duty pickup trucks and

van s or truck tractors as complete vehicles and , that hold the EPA certificate of conformity. § 535.3(c) Chassis manufacturers, for the purpose of this part, include primary and secondary stage manufacturers meeting the criteria in 1037.620 that produce inc omplete vehicles constructed for use as

### 10 Reason for Change Exist ing EPA Regulation Text Revised NHTSA Regulation Text

uncertified vehicles that will be certified by second stage manufacturers. paragraph (b) of this section

. (b) The provisions of this paragraph (b) generally apply where the secondary vehicle manufacturer has substantial control over the design and assembly of e mission controls. In determining whether a manufacturer has substantial control over the design and assembly of emission controls, we would consider the degree to which the secondary manufacturer would be able to ensure that the engine and vehicle will con form to the regulations in their final configurations. heavy

- duty pickup trucks or vans or heavy

- duty vocational vehicles and that hold the EPA certificate of conformity. Some vocational vehicle manufacturers are both chassis and complete vehicle manufacturers. These ma nufacturers will be regulated as chassis manufacturers under this
program.

§ 535.7(a) Fuel consumption credits (FCC). At the end of each model year, primary and secondary manufacturers as specified in § 535.3 may earn credits for heavy

- duty vehicles and engines exceeding the fuel consumption standards in § 535.5 or by using one or more of the flexibilities in this paragraph (a) to gain credits. Manufacturers may average, bank, and trade fuel consumption cre dits for purposes of complying with fuel consumption standards. The following criteria and restrictions apply to averaging, banking and trading FCC (hereafter reference as the NHTSA ABT program)

. NHTSA is adding a definition in 49 CFR 535.4 for “credit holder” and adding requirements in 49
CFR p art 535.7 to clarify the limitations for non

manufacturers to obtain and trade fuel consumption credits. These additions are made to parallel the EPA requi rements in 40 CFR 1036.701(h), 1036.720(a), 1037.701(e), and 1037.720(a). § 1036.701 General provisions. (h) You may trade emission credits generated from any number of your engines to the engine purchasers or other parties to retire the credits. Identify any such credits in the reports described in § 1036.730. Engines must comply with the applicable FELs even if you donate or sell the corresponding emission credits under this paragraph (h). Those credits may no longer be used by anyone to demonstrate comp liance with any EPA emission standards.

§ 1037.701 General provisions. (e) You may trade emission credits generated from any number of your vehicles to the vehicle purchasers or other parties to retire the credits. Identify any such credits in the reports described in § 1037.730. Vehicles must comply with the applicable FELs even if you donate or sell the corresponding emission credits under this paragraph (e). Those credits may no longer be used by anyone to demonstrate compliance with any EPA emis sion standards. § 535.4 Credit holder (or holder) means a legal person that has credits, either because they are the manufacturer who earned the credits by exceeding the applicable fuel consumption standard and are the certificate holder, or because they a re a designated recipient who has received credits from another holder. Credit holders need not be manufacturers but non

- manufacturers may only purchase and hold credits for the purpose of retiring them as specified in 40 CFR 1036.701(h) and 1037.701(e).

### 11 Reason for Change Exist ing EPA Regulation Text Revised NHTSA Regulation Text

Same issue as above § § 1036.720 and 1037.720 Trading. (a) Trading is the exchange of emission credits between manufacturers, or the transfer of credits to another party to retire them. You may use traded emission credits for averaging, banking, or further trading transactions. Traded emission credits remain subject to the averaging

set restrictions based on the averaging set in which they were generated. § 535.7(a)(3) Trading. Trading is a transaction that moves FCC between manufacturers for averagi ng, banking, or further trading transactions. A manufacturer may use traded FCC for averaging, banking, or further trading transactions. Traded FCC, other than advanced technology credits, may be used by a manufacturer only within the averaging set in which they were generated. Entities other than manufacturers may only obtain traded FCC for the purpose of retiring them. NHTSA is adding interim provisions for heavy

- duty pickup trucks and vans for model years prior to 2015 from EPA’s requirements in 40 CFR 1037.150 that were inadvertently omitted in the final rule. § 1037.150 Interim Provisions. (a) (2) This paragraph (a)(2) applies for regulatory sub

- categories subject to the standards of §
103 7.104. To generate early credits under this paragraph (a)(2) for any vehicles other than electric vehicles, you must certify your entire
U.S.

- directed production volume within the regulatory sub

- category to these standards. Except as specified in paragra ph (a)(4) of this section, if some vehicle families within a regulatory subcategory are certified after the start of the model year, you may generate credits only for production that occurs after all families are certified.

(g) Compliance date. Compliance with the standards of this part is optional prior to January 1, 2014. This means that if your 2014 model year begins before January 1, 2014, you may certify for a partial model year that begins on January 1, 2014 and ends on the day your model year would normally end... § 535.5(a) Heavy

- duty pickup trucks and vans. (4) Voluntary standards. (i ) Manufacturers may choose voluntarily to comply early with fuel consumption standards for model years 2013 through 2015, as determined in paragraphs (a)(4)(iii) and (iv) in this section, for example, in order to begin accumulating credits through over

- co mpliance with the applicable standard. A manufacturer choosing early compliance must comply with all the vehicles and engines it manufactures in each regulatory category for a given model year except as provid ed in paragraphs (v) and (v i).

(v) For model year 2013, a manufacturer can choose to comply with the standards in 535.5(a) and generate early credits under 535.7(b) by using the
entire U.S.

- directed production volume of vehicles other than electric vehicles as specified in 40 CFR
1037.1 50. The model year 2014 standards in 535.5(a) apply for vehicles complying in model year 2013. If some test groups are certified by EPA after the start of the model year, the manufacturer may only generate credits under 535.7(b) for the production that o ccurs after all test groups are certified in accordance with 40 CFR 1037.150 (a)(2).

(vi) For model year 2014, a manufacturer producing model year 2014 vehicles before January 1, 2014, may optionally elect to comply with these standards for a partial m odel year that begins on January 1, 2014, and ends on the day the manufacturer's model year would normally end if it meets the provisions in 40 CFR 1037.150(g).

### 12 Reason for Change Exist ing EPA Regulation Text Revised NHTSA Regulation Text
NHTSA is adding interim provisions for Class 2b

- 8 vocational vehicles for model years prior to 2015 from EPA’s requirements in 40 CFR 1037.150 that were inadvertently omitted in the final rule. §1037.150 Interim provisions. (a) (1) This paragraph (a)(1) applies for regulatory sub

- categories subject to the standards of § 1037.105 or § 1037.106. Except as specified in paragraph (a)(3) of this section, to generate early credits under this paragraph for any vehicles other than electric vehicles, you must certify your entire U.S.

- directed production volume within the regulatory sub

- category to these standards

... Except as specified in paragraph (a)(4) of this section, if some vehicle families within a regulatory subcategory are certified after the start of the model year, you may generate credits only for production that occurs after all families are certified.

(g) Compliance date. Compliance with the standards of this part is optional prior to January 1, 2014. This means that if your 2014 model year begins before January 1, 2014, you may certify for a partial model year that begins on January 1,
2014 and ends on the day your model year would normally end... § 535.5(b)

. Heavy

- duty vocational vehicles. (2) Voluntary compliance. (i) For model years 2013 through 2015, a manufacturer may choose voluntarily to comply early with the fuel consumption standar ds provided in paragraph (b)(3) of this section. For example, a manufacturer may choose to comply early in order to begin accumulating credits through over

- compliance with the applicable standards. A manufacturer choosing early compliance must comply w ith all the vehicles and engines it manufacturers in each regulatory category for a given model year except as provided in paragraphs (iii) through ( i v).

(iii) For model year 2013, a manufacturer can choose to comply with the standards in 535.5(b) and
g enerate early credits under 535.7(c) by using the
entire U.S.

- directed production volume within any of its regulatory sub

- categories of vehicles other than electric vehicles as specified in 40 CFR 1037.150. The model year 2014 standards in 535.5(b) apply for vehicles complying in model year 2013. If some vehicle families within a regulatory subcategory are certified by EPA after the start of the model year, manufacturers may generate credits under 535.7(c) only for production that occurs after all familie s are certified in accordance with 40 CFR 1037.150(a)(1).

(iv) For model year 2014, a manufacturer producing model year 2014 vehicles before January 1, 2014, may optionally elect to comply with these standards for a partial model year that begins on January 1, 2014, and ends on the day the manufacturer's model y ear would normally end if it meets the provisions in 40 CFR 1037.150(g).

### 13 Reason for Change Exist ing EPA Regulation Text Revised NHTSA Regulation Text
NHTSA is adding interim provisions for tractors for model years prior to 2015 from EPA’s requirements in 40 CFR 1037.150 that were inadvertently omitted in the final rule. §1037.150 Interim provisions. (a) (1) This paragraph (a)(1) applies for regulatory sub

- categories subject to the standards of § 1037.105 or § 1037.106. Except as specified in paragraph (a)(3) of this section, to generate early credits under this paragraph f or any vehicles other than electric vehicles, you must certify your entire U.S.

- directed production volume within the regulatory sub

- category to these standards

.. . Except as specified in paragraph (a)(4) of this section, if some vehicle families within a regulatory subcategory are certified after the start of the model year, you may generate credits only for production that occurs after all families are certified.

(g) Compliance date. Compliance with the standards of this part is optional prior to Januar y 1, 2014. This means that if your 2014 model year begins before January 1, 2014, you may certify for a partial model year that begins on January 1, 2014 and ends on the day your model year would normally end... § 535.5 (c)(2) Voluntary compliance.

(i) Fo r model years 2013 through 2015, a manufacturer may choose voluntarily to comply early with the fuel consumption standards provided in paragraph ( c )(3) of this section. For example, a manufacturer may choose to comply early in order to begin accumulating credits through over

- compliance with the applicable standards. A manufacturer choosing early compliance must comply with all the vehicles and engines it manufacturers in each regulatory category for a given model year except as provided in paragraphs (i ii) through ( i v).

(iii) For model year 2013, a manufacturer can choose to comply with the standards in 535.5( c ) and generate early credits under 535.7(c) by using the
entire U.S.

- directed production volume within any of its regulatory sub

- categories of vehicles other than electric vehicles as specified in 40 CFR 1037.150. The model year 2014 standards in 535.5( c ) apply for vehicles complying in model year 2013. If some vehicle families within a regulatory subcategory are certified by EPA after the star t of the model year, manufacturers may generate credits under 535.7(c) only for production that occurs after all families are certified in accordance with 40 CFR 1037.150(a)(1).

(iv) For model year 2014, a manufacturer producing model year 2014 vehicles b efore January 1, 2014, may optionally elect to comply with these standards for a partial model year that begins on January 1, 2014, and ends on the day the manufacturer's model year would normally end if it meets the provisions in 40 CFR 1037.150(g).

### 14 Reason for Change Exist ing EPA Regulation Text Revised NHTSA Regulation Text
NHTSA needs to clarify that manufacturers not participating and participating in the ABT program must submit EOY reports 90 days after the model
year. § 1037.250 Reporting and recordkeeping. (a) Within 90 days after the end of the model year, send the D esignated Compliance Officer a report including the total U.S.

- directed production volume of vehicles you produced in each vehicle family during the model year (based on information available at the time of the report). Report by vehicle identification num ber and vehicle configuration and identify the subfamily identifier. Report uncertified vehicles sold to secondary vehicle manufacturers. Small manufacturers may omit the reporting requirements of this paragraph (a).

§ 1037.730 ABT reports. (a) If any of your vehicle families are certified using the ABT provisions of this subpart, you must send an end

- of

- year report within 90 days after the end of the model year and a final report within 270 days after the end of the model year. § 535.8(d) End

- of

- the

- Y ear

- Report. Heavy

- duty vehicle and engine manufacturers participating and

not

- participating in the ABT program are required to submit year end reports; an end

- of

- the

- year (EOY) report s containing information for NHTSA as specified in paragraph (d)(2) and in accordance with
40 CFR 1036.250 , 1036.730, 1037.104, 1037.250 and
1037.730

. The EOY reports are used to review a manufacturer’s preliminary or final compliance information and to identify manufacturers that might have a credit deficit for the given model year. For model years 2013 and later, heavy

- duty vehicle and engine manufacturers complying with NHTSA’s voluntary and mandatory standards must submit EOY reports through the EPA database including both GHG emissions and fuel consumption informatio n for each given model year.

### 15 Reason for Change Exist ing EPA Regulation Text Revised NHTSA Regulation Text
NHTSA needs to clarify that EOY reports contain preliminary final estimates for manufacturers participating in the EPA ABT program and finalized data for non

participating manufacturers as well as for Class 2b

- 3 manufacturers. (76 FR 57262 ) The EOY report is used by the agencies to review a manufacturer’s preliminary final estimates and to identify manufacturers that might have a credit deficit for the given model year. §535.8(d) End

- of

- the

- year

- report. (2) Contents. Each EOY report must be submitted including the following fuel consumption information for each model year. EOY reports for manufacturers participating in the ABT must include preliminary final estimates. EOY reports for manufacturers not
p articipating in the ABT and for heavy

- duty pickup truck and van manufacturers must include finalized data. (vii) A final summary plan describing any advanced or innovative technology engines or vehicles including alternative fueled vehicles that were produced for the model year identifying the approaches used to determinate compliance and the production volumes. (viii) A final list of each unique subconfiguration included in a manufacturers fleet of heavy

- duty pickup trucks and vans describing the desi gnations, identifying the attribute based

- values (GVWR, GCWR, Curb Weight and drive configurations) and standards. This provision applies only to manufacturers producing heavy

- duty pickup trucks and vans. (ix) The final fuel consumption fleet average stand ard derived from the unique vehicle configurations. This provision applies only to manufacturers producing heavy

- duty pickup trucks and vans. (x) The preliminary final subconfiguration and test group production volumes. This provision applies only to manuf acturers producing heavy

- duty pickup trucks and vans. (xi) The preliminary final fuel consumption test group results and fleet average performance. This provision applies only to manufacturers producing heavy

- duty pickup trucks and vans.

### 16 Reason for Change Exist ing EPA Regulation Text Revised NHTSA Regulation Text

NHTSA needs to cl arify that manufacturers participating in the ABT program must submit final reports 270 days after the model year. § 1037.730 ABT reports. (a) If any of your vehicle families are certified using the ABT provisions of this subpart, you must send an end

- of

- year report within 90 days after the end of the model year and a final report within 270 days after the end of the model year. §535.8( e) Final reports. Both Manufacturers participating and not participating in the ABT program are required to submit year end final reports in accordance with 40 CFR 1036.730 and 1037. 730 to NHTSA and EPA. Manufacturers of heavy

- duty pickup trucks and vans are excluded from this requirement and are required to submit only one E OY report as specified in paragraph (d) of this section. The final reports are used to review a manufacturer’s final data and to identify manufacturers that might have a credit deficit for the given model year. For model years 2013 and later, heavy

- duty vehicle and engine manufacturers complying with NHTSA’s voluntary and mandatory standards must submit final reports through the EPA database including both GHG emissions and fuel consumption information for each given model year.

(2) Contents. (vi) A fina l plan describing the vocational vehicles and vocational tractors that were exempted as heavy

- duty off

- road vehicles

. (vi i ) A final plan describing any advanced or innovative technology engines or vehicles including alternative fueled vehicles that were p roduced for the model year identifying the approaches used to determinate compliance and the production volumes. (viii) A final list of each unique subconfiguration included in a manufacturers fleet of heavy

- duty pickup trucks and vans describing the desig nations, attribute based

- values (GVWR, GCWR, Curb Weight and drive configurations) and standards. This provision applies only to manufacturers producing heavy

- duty pickup trucks and vans. (ix) The final fuel consumption fleet average standard derived from the unique vehicle configurations. This provision applies only to manufacturers producing heavy

- duty pickup trucks and vans. (x) The final subconfiguration and test group production volumes. This provision applies only to manufacturers producing heavy

- duty pickup trucks and vans. (xi) The final fuel consumption test group results and fleet average performance. This provision applies only to manufacturers producing heavy

- duty pickup trucks and vans. ( x vii) Under limited conditions, NHTSA may also ask a

manu facturer to provide additional information directly to the Administrator if necessary to verify the fuel consumption requirements of this regulation.

### 17 Reason for Change Exist ing EPA Regulation Text Revised NHTSA Regulation Text
NHTSA needs to clarify when petitions for HD off

- road vehicles should be submitted
to review. None § 535.8 (a) General requirements.

(4) Manufacturers submitting petitions for the off

road exemption in paragraph (h) should consider the timing to submit petitions early enough in advance of the model year to ensure that a determination can be made by the a gencies and should a vehicle fail to be excluded, the manufacturer has sufficient time to submit and obtain approval from EPA for the certificate of conformity required in 40 CFR 1037.201 prior to first commercial sale of the vehicle.
NHTSA needs to clari fy that the plan for HD off

- road vehicles must be submitted for participating and non

participating ABT manufacturers in the EOY reports 90 days after the model year ends. § 1037.631 Exemption for vocational vehicles intended for off

- road use. (c) Recordk eeping and reporting. (1) You must keep records to document that your exempted vehicle configurations meet all applicable requirements of this section. Keep these records for at least eight years after you stop producing the exempted vehicle model. We may review these records at any time. (2) You must also keep records of the individual exempted vehicles you produce, including the vehicle identification number and a description of the vehicle configuration. (3) Within 90 days after the end of each model year, you must send to the Designated Compliance Officer a report with the following information: (i) A description of each exempted vehicle configuration, including an explanation of why it qualifies for this exemption. (ii) The number of vehicles exempte d for each vehicle configuration. §535.8( d) End

- of

- the

- year

- report.

(vi) A plan final summary as specified in paragraph (h)(6) describing the vocational vehicles and vocational tractors that were exempted as heavy

duty off

- road vehicles. This applies to manufacturers participating and not participating in the ABT
program.

### 18 Reason for Change Exist ing EPA Regulation Text Revised NHTSA Regulation Text

NHTSA needs to correct a reference in
49 CFR 535.5(c)(5) to EPA’s vocational tractor requirements
in 40 CFR 1037.630

. § 1037.630 Special purpose tractors. (a) General provisions. This section allows a vehicle manufacturer to reclassify certain tractors as vocational tractors. Vocational tractors are treated as vocational vehicles and are exempt from the standards of § 1037.106. Note that references to ‘‘tractors’’ outside of this
sectio n mean non

- vocational tractors. §535.5(c) Applications for certificate of conformity. (5) Tractors meeting the definition of vocational tractors in 49 CFR 523.2 must comply with requirements for heavy

- duty vocational vehicles specified in paragraphs (b) and (d) of this section. Class 7 and Class 8 tractors certified or exempted as
vocation al tractors are limited in production to no more than 21,000 vehicles in any three consecutive model years. If a manufacturer is determined as not applying this allowance in good faith by the EPA in its applications for certification in accordance with 40 CFR 1037.205 and 40 CFR 1037.610 1037.630 , a manufacturer must comply with the tractor fuel consumption standards in paragraph (3) of this
section. NHTSA needs to clarify how to convert EPA
CO 2 values to equivalent fuel consumption values to

ensure
sta ndardization between the agencies when selecting vehicle families for vocational vehicles and tractors based upon subfamily FEL values. None §535.6(b) Heavy

- duty vocational vehicles and

tractors. (3) From the GEM results, select the CO 2 family emissions level (FEL) and equivalent fuel consumption values for vocational vehicle and tractor families in each regulatory subcategories for each model year. Equivalent fuel consumption FELs are derived in GEM from the CO 2 FEL value rounded to th e nearest whole number and are expressed to the nearest 0.1 gallons per 1000 ton

- mile. For families containing multiple subfamilies, identify the FELs for each subfamily.

### 19 Reason for Change Exist ing EPA Regulation Text Revised NHTSA Regulation Text

NHTSA needs to
correct minor technical errors in its equations for calculating fu el consumption credits
in 49 CFR 535.7 to make them equivalent to EPA’s GHG credits

. § 86.1865

– 12 How to comply with the fleet
average CO 2 standards. (k)(4) Credits are earned on the last day of the model year. Manufacturers must calculate, for a given model year and separately for passenger automobiles and light trucks, the number of credits or debits it has generated according to the following equation, rounded to the nearest
megagram:

CO 2 Credits or Debits (Mg) = [( CO 2 Standard

— Manufacturer’s Product ion

- Weighted Fleet Average CO 2 Emissions) × (Total Number of Vehicles Produced) × (Vehicle Lifetime Miles)] ÷ 1,000,000

Where:
CO 2 Standard = the applicable standard for the model year as determined by § 86.1818

– 12; Manufacturer’s Production

- Weighted Fleet Average CO 2 Emissions = average calculated according to paragraph (i) of this section; Total Number of Vehicles Produced = The number of vehicles domestically produced plus those imported as defined in § 600.511 of this chapter.

§ 1036.705 Generating and calculating emission credits. (b)(1) and (2) For tractor (and vocational ) engines: Emission credits (Mg) = (Std

- FCL) ·(CF) · (Volume) · (UL) · (10

- 6)

§ 1037.705 Generating and calculating emission credits. (b )(1) and (2) For vocational vehicles (and tractors): Emission credits (Mg) = (Std

- FEL) × (Payload Tons) × (Volume) × (UL) × (10

- 6) Where: Std = the emission standard associated with the specific vocational vehicle or tractor regulatory subcategory (g/ton

- mile). FEL = the family emission limit for the vehicle subfamily (g/ton

- mile). §535.7(b)(9) Calculate the value of credits generated in a model year for this regulatory subcategory or averaging set using the following equation: Total MY Fleet FCC (gallon s) = (Std

- Act) × (Volume) × (UL) × ( 10 - 2 )

535.7(c)(11) The value of credits generated in a model year is calculated as follows: (i) Calculate the value of credits generated in a model year for each vehicle family or subfamily within an averaging set using the following equation: Vehicle Family FCC (gallons) = (Std

- FEL) × (Payload) × (Volume) × (UL) × ( 10 - 3 ) FEL = family emissions limit for the vehicle f amily or sub family (gal/1000 ton

- mile).

535.7(d)(11) The value of credits generated in a model year is calculated as follows: (i) The value of credits generated in a model year for each engine family within a regulatory subcategory equals : Engine Family FCC (gallons) = (Std

- FCL) × (CF) × (Volume) × (UL) × ( 10 - 2 )

### 20 

### C. EPA ’s Heavy

- Duty GHG Technical Amendments

EPA is amending 40 CFR parts 86, 1036, 1037, 1065, and 1066 to correct typographical errors, clarify test procedures and certification procedures, and correct the regulations to make them consistent with the intent

e xpressed in the preamble to the final rules.

EPA is revising portions of the regulations in 40 CFR part 1036 to correct technical errors , as discussed in Section II.D.1 of the preamble to the rule

. Table 3 summarizes the changes to the heavy

- duty engine regulations.

Table 3 : EPA Regulatory Changes to 40 CFR Part 1036
Reason for Change Revised Regulation Text
40 CFR 1037.103 does not exist. § 1036.5 Which engines are excluded from this part’s requirements? (b) Engines installed in heavy

- duty vehicles that do not provide motive power are nonroad engines. The provisions of this part therefore do not apply to these engines. See 4 0 CFR part 1039, 1048, or 1054 for other requirements that apply for these auxiliary engines. See 40 CFR part 1037 for requirements that may apply for vehicles using these engines , such as the evaporative emission requirements of 40
CFR 1037.103

. The regu latory text referenced the incorrect regulatory citation for the label. § 1036.150 Interim provisions. (d) Small manufacturers. Manufacturers meeting the small business criteria specified for “Gasoline Engine and Engine Parts Manufacturing” or “Other Engine Equipment Manufacturers” in 13 CFR 121.201 are not subject to the greenhouse gas emission standards in §1036.108. Qualifyin g manufacturers must notify the Designated Compliance Officer before importing or introducing into U.S. commerce excluded engines. This notification must include a description of the manufacturer’s qualification as a small business under 13 CFR 121.201. You must label your excluded vehicles engines with the statement: “THIS ENGINE IS EXCLUDED UNDER 1037.150(c) § 1036.150(d) .” The assigned DF should contain an additional significant figure. § 1036.150 Interim provisions. (g)(2) You may use an assigned additive DF of 0.02 0 g/hp

- hr for N 2 O emissions from any engine. (3) You may use an assigned additive DF of 0.02 0 g/hp

- hr for CH 4 emissions from any engine.

### 21 Reason for Change Revised Regulation Text To clarify that CH 4 and N 2 O emission standards apply to all testable configurations. §1036.205 What must I include in my application? (e) Identify the CO 2 FCLs with which you are certifying engines in the engine family ; also identify any FELs that apply for CH 4 and N 2 O . The actual U.S.

- directed production volume of configurations that have CO 2 emission rates at or below the
FCL and CH 4 and N 2 O emission rates at or below the applicable standard s or FELs must be at least one percent of your total actual (not projected) U.S.

- directed production volume for the engine family. Identify configurations within the family that have emission rates at or below the FCL and meet the one percent requirement. For example, if your total U.S.

- directed production volume for the engine family is 10,583
, and the U.S.

- directed production volume for the tested rating is 75 engines, then you can comply with this provision by setting your FCL so that one more rating with a U.S.

- directed production volume of at least 31 engines meets the FCL. Where applicable , also identify other testable configurations required under §1036.230(b)(2).
40 CFR 1036.135 does not require that the FEL for CO 2 be included on the ECI label. Thus, §1036.225 should not require this labeling requirement either. § 1036.225 Amending my application for certification. (f) You may ask us to approve a change to your FEL in certain cases after the start of production, but before the end of the model year. If you change an FEL for CO 2 , your FCL for CO 2 is automatically set to your new FEL divided by 1.03. The changed FEL may not apply to engines you have already introduced into U.S. commerce, except as described in this paragraph (f). If we approve a changed FEL after the start of production, you must include the new FEL on the e mission control information label for all engines produced after the change. You may ask us to approve a change to your FEL in the following cases: Correct the regulation citation in to 40 CFR
103 6 .740. §1036.615 Engines with Rankine cycle waste heat recovery and hybrid powertrains. (c) Calculating credits . Calculate credits as specified in subpart H of this part. Credits generated from engines and powertrains certified under this section may be used in other averaging sets as described in §103 6 .740 ( d) (c). To add a definition of “preliminary approval.” § 1036.801 Definitions. Preliminary approval means approval granted by an authorized EPA representative prior to submission of an application for certification, consistent with the provisions of §1036 .210.



### EPA is also revising portions of the regulations in 40 CFR part 1037 to correct technical errors. Table 4 summarizes the changes to the heavy

- duty vehicle regulations that are discussed in the preamble Section II.D.2

.
Table 4 : EPA Regulatory Changes to 40 CFR Part 1037

Rea son for Change Revised Regulation Text Clarify the provisions of 40 CFR 86.1865

- 12 which apply to vehicles subject to 40 CFR 1037.104. § 1037.15 Do any other regulation parts apply to me? (c) Part 86 of this chapter applies for certain vehicles as specified in this part. For example, the test procedures and most of part 86, subpart S, appl y ies for vehicles subject to §1037.104 ; including the following p aragraph s of 86.1865

- 12: (a), (h)(1), (h)(3), (j)(1), (j)(4), (k)(1) through (4), (k)(7)(ii), (k)(8), (k)(9), (l)(1), (l)(2)(i), (l)(2)(ii), (l)(2)(vi) through (viii), and (l)(3).

### 22 

### Rea son for Change Revised Regulation Text Clarify that the standards in 40 CFR 1037.104(a)( 2) represent the final target values and that the phase

- in provisions in 40 CFR 1037.150(b) also apply. § 1037.104 Exhaust emission standards for CO 2 , CH 4 , and N 2 O for heavy

- duty vehicles at or below 14,000 pounds GVWR. (a)(2) Using the appropriate work fa ctor, calculate a target value for each vehicle subconfiguration (or group of subconfigurations allowed under paragraph (a)(4) of this section) you produce using one of the following equations or the phase

- in provisions in § 1037.150(b), rounding to the ne arest 0.1 g/ mile: Clarify the credit provisions for vehicles subject
to 40 CFR 1037.104. § 1037.104 Exhaust emission standards for CO 2 , CH 4 , and N 2 O for heavy

- duty vehicles at or below 14,000 pounds GVWR. (d)(2) The following general credit provisions apply : (i) Credits you generate under this section may be used only to offset deficits under this section

. You may bank c redits for use in a future model year in which your average CO 2 level exceeds the standard. You may trade c redits to another manufacturer according to 40 CFR 86.1865

- 12(k)(8). Before you bank or trade credits, you must apply any available credits to offset a deficit, if the deadline to offset that credit deficit has not yet passed. (2) (ii) Vehicles subject to the standards of this section are included in a single greenhouse gas averaging set separate from any averaging set otherwise included in 40 CFR part 86. (iii) Banked CO 2 credits keep their full value for five model years after the ye ar in which they were generated. Unused credits expire at the end of this fifth model year. The light

- duty N 2 O and CH 4 standards only apply to the city cycle. Deletion of this text will remove any question concerning the difference between the heavy

- duty and light

duty programs. § 1037.104 Exhaust emission standards for CO 2 , CH 4 , and N 2 O for heavy

- duty vehicles at or below 14,000 pounds GVWR. (d)(4) The CO 2 , N 2 O , and CH 4 standards apply for a weighted average of the city (55%) and highway (45%) test cycle results as specified for light

- duty vehicles in 40 CFR part 86, subpart S . Note tha t this differs from the way the criteria pollutant standards apply for heavy

- duty vehicles.
Clarify the credit provisions for vehicles subject
to 40 CFR 1037.104. § 1037.104 Exhaust emission standards for CO 2 , CH 4 , and N 2 O for heavy

- duty vehicles at or below 14,000 pounds GVWR. (d)(6) Credits are calculated using the useful life value (in miles) in place of “vehicle lifetime miles” specified in 40 CFR part 86, subpart S. Calculate a total credit or debit balance in a model year by adding credits and debits from 40 CFR 86.1865

- 12(k)(4), subtracting any CO 2 - equivalent debits for N 2 O or CH 4 calculated according to §1037.104(c), and adding any of the following credits: ( i) Advanced technology credits according to paragraph (d)( 7) of this section and § 1 037.150(i)

. ( ii ) Innovative t echnology credits according to paragraph (d)(13) of this
section

. ( i ii) Early c redits according to §1037.150(a)(2)

. Clarify the method of calculating the fleet
average CO 2 v alue for heavy

- duty vehicles subject to the standards of 40 CFR 1037.104. This technical amendment aligns the process described in the preamble to the final rules (76 FR 57258) with the regulations. § 1037.104 Exhaust emission standards for CO 2 , CH 4 , and N 2 O for heavy

- duty vehicles at or below 14,000 pounds GVWR. (d)(9) (i) Unless we approve a lower number, you must test at least ten subconfigurations. If you produce more than 100 subconfigurations in a given model year, you must test at least 25 subconfi gurations or ten percent of your subconfigurations (whichever is less). For purposes of this paragraph (d)(9)(i ),

### 23 

### Rea son for Change Revised Regulation Text count carryover tests, but do not include analytically derived CO2 emission rates, data substitutions, or other untested allowances. We may approve a lower number of tests for manufacturers that have limited product offerings or low sales volumes. Note that good engineering judgment and other provisions of this part may require you to test more subconfigurations than these minimum values. (ii) The provisions of paragraph (g) of this section specify how you may use analytically derived CO2 emission rate s. (iii) At least 90 per cent of All final production volume at the sub configuration level must be represented by test data (real, data substituted, or analytical). (iv) Perform f leet

- average CO 2 calculations as described in 40 CFR 86.1865 and 40 CFR part 600 with the following exceptions: (A) Use CO 2 emissions values for all test results, intermediate calculations , and fleet average calculations instead of the carbon

- related exhaust emission (CREE) values specified in 40 CFR p art s 86 and 600. (B) Perform intermediate CO 2 calculations for subconfigurations within each configuration using the subconfiguration and configuration definitions in paragraph (d)(12 ) of this section

. (C) Perform intermediate CO 2 calculations for configurations within each test
group and transmission type (instead of configurations within each base level and base levels within each model type). Use the configuration definition in paragraph (d)(12)(i) of this section

. (D) Do not perform intermediate CO 2 calculations for each base level or for each model type. Base level and model type CO 2 calculations are not applicable to heavy

- duty vehicles subject to standards in this section

. (E) Determine fleet average CO 2 emissions for heavy

- duty vehicles subject to standards in this section as described in 40 CFR 600.510

- 12(j) , except that the calculations must be performed on the basis of test g roup and transmission type (instead of the model type

- basis specified in the light

- duty vehicle regulations), and the calculations for dual fuel, multi

- fuel , and flexible fuel vehicles must be consistent with the provisions of paragraph (d)(10)(i) of this
section

. Update the reference to 40 CFR part 86 to reflect the regul ation changes made in the 2017

- 2025MY Light Duty Vehicle Greenhouse Gas Emissions and Fuel Economy Rule. § 1037.104 Exhaust emission standards for CO 2 , CH 4 , and N 2 O for heavy

- duty vehicles at or below 14,000 pounds GVWR. (d) (13) This paragraph (d)( 13) applies for CO 2 reductions resulting from technologies that were not in common use before 2010 that are not reflected in the specified test procedures. We may allow you to generate emission credits consistent with the provisions of 40 CFR 86.1866

- 12(d) 86.1869

- 12(c) and (d). You do not need to provide justification for not using the 5

- cycle methodology option

. Clarify the certification test procedure for heavy

- duty pickup truck s and vans. § 1037.104 Exhaust emission standards for CO 2 , CH 4 , and N 2 O for heavy

- duty vehicles at or below 14,000 pounds GVWR. (g)(2) The purpose of this section is to accurately estimate CO2 emission rates. (i) You must apply the provisions of this section consistent with good engineering judgement. For example, do not use the equation in paragraph (g)(1) of this section where good engineering judgment indicates that it will not accurately estimate emissions. You may ask us to approve alternate equations that allow you to estimate emissions more accurately. (ii) The analyt ically derived CO2 equation in paragraph (g)(1) of this section

### 24 

### Rea son for Change Revised Regulation Text may be periodically updated through publication of an EPA guidance document to more accurately characterize CO2 emission levels, for example, changes may be appropriate based on new test data , future technology changes, or changes in future CO2 emission levels. Any EPA guidance document will determine the model year that the updated equation takes effect. We will issue guidance no later than eight months before the effective model year. For example, for 2014 models, the model year may start is January 2, 2013, so guidance would be issued by May 1, 2012 for model year 2014

. (3) You may select, without our prior advance approval, baseline test data that if they meet all the following criteria: (i) Vehicles considered for selection for the baseline test must comply with all applicable emission standards in the model year associated with the ADC. (ii) You must include in the pool of tests which will be considered for baseline selection all official tests of the same or equivalent basic engine, transmission class, engine code, transmission code, engine horsepower, dynamometer drive wheels, and compression ratio as the ADC subconfiguration. Do not include tests in which emissions exceed any applicable standard s

. (iii)..... (iv) Except with our advance approval, tests previously used during the subject model year as baseline tests in ten 20 other ADC subconfigurations must be eliminated from the pool. (4) You may ask us to allow you to use baseline test data not fully meeting the provisions of paragraph (g)(3) of this section. (5) Calculate the ADC rounded to the nearest 0.1 g/mile. Except with our advance approval, the downward adjustment of ADC from the baseline is limited to ADC values 20 percent below the baseline emission rate. The upward adjustment is not limited. (7) No more than 40 percent of the subconfigurations tested in your final CO2 submission may be represented by ADCs. [Reserved] (8) Keep the following records for at least five years, and show them to us if we ask to see them : (i) You must retain for five years t The pool of tests

. , (ii) The vehicle description and tests chosen as the baseline and the basis for its the selection

. , ( iii) The target ADC subconfiguration

. , and (iv) The calculated emission rates. We may ask to see these records at any time

. (9) .... (10) Where we determine that you did not fully comply with the provisions of this paragraph (g), we may rescind the use of ADC data
, require that you comply based on generation of actual test data and that you recalculate require recalculation of your fleet

- average emission rate.

### 25 

### Rea son for Change Revised Regulation Text
The MY2017

- 2025 Light

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

- 12.

The procedure for determining the HFC leakage rate for air conditioning systems with alternate refrigerants is addressed in SAE J2727, which is incorporated by reference in 40 CFR 86.1. § 1037.115 Other requirements. (c) Air conditioning leakage. Loss o f refrigerant from your air conditioning systems may not exceed 1.50 percent per year, except as allowed by paragraph s (c) (2) and (3) of this section. Calculate the total leakage rate in g/year as specified in 40 CFR 86.166 86.1867

- 12(a). Calculate the pe rcent leakage rate as: [total leakage rate (g/yr)] ÷ [total refrigerant capacity (g)] × 100. Round your leakage rate to the nearest one

- hundredth of a percent. See § 1037.150 for vocational vehicles. (2) [Reserved] If your system uses a refrigerant other than HFC

– 134a, adjust your leakage rate by multiplying it by the global warming potential of your refrigerant and dividing the product by 1430 (which is the global warming potential of HFC

– 134a). Apply this adjustme nt before comparing your leakage rate to the standard. Determine global warming potentials consistent with 40 CFR 86.1866. Note that global warming potentials represent the equivalent grams of CO 2 that would have the same global warming impact (over 100 years) as one gram of the refrigerant. Revise the regulation such that the date of manufacture for the vehicle is allowed to be identified on the vehicle, not the engine. § 1037.135 Labeling

. (c)(5) State the date of manufacture [DAY (optional), MONTH, and YEAR]. You may omit this from the label if you stamp, engrave, or otherwise permanently identify it elsewhere on the engine vehicle , in which case you must also describe in your application f or certification where you will identify the date on the engine vehicle

. Clarify that this labeling requirement only applies to vehicles with liquid fuel and which use a canister. § 1037.135 Labeling

. (c)(9) Include the following statement for vehicles with an evaporative canister for controlling diurnal emissions if applicable : “THIS VEHICLE IS DESIGNED TO
COMPLY WITH EVAPORATIVE EMISSION STANDARDS WITH UP TO x GALLONS OF FUEL TANK CAPACITY.” Complete this statement by identifying the maximum specified fuel tank capacity associated with your certification. Adjust the language in § 1037.150 to be consistent to the preamble to the final rule (76 FR at 57245) which stipulates that the entire heavy

- duty pickup truck and van fleet must be certified to qualif y for early credits. § 1037.1 50 Interim Provisions (a) (2) This paragraph (a)(2) applies for regulatory sub

- categories subject to the standards of §1037.104. To generate early credits under this paragraph (a)( 2) for any vehicles other than electric vehicles, you must certify your entire U.S.

- directed production volume within the regulatory sub

- category flee t to these standards. If you calculate a separate fleet average for advanced

- technology vehicles under §1037.104(c)(7), you must certify your entire U.S.

- directed production volume of both advanced and conventional vehicles within the regulatory sub

- category fleet . Except as specified in paragraph(a)(4) of this section, if some test groups are certified aft er the start of the model year, you may generate credits only for production that occurs after all test groups are certified. For example, if you produce three test groups in an averaging set and you receive your certificates for those test groups on Janua ry 4, 2013, March 15, 2013, and April 24, 2013, you may not generate credits for model year 2013 for vehicles from any of the test groups produced production in any of the test groups that occurs before April 24, 2013. Calculate credits relative to the
sta ndard that would apply in model year 2014 using the applicable equations in 40 CFR part 86 and your model year 2013 U.S.

- directed production volumes. These credits may be used to show compliance with the standards of this part for 2014 and later model year s. We recommend that you notify EPA us of your intent to use this provision before submitting your applications.

### 26 

### Rea son for Change Revised Regulation Text To clarify that this requirement applies to vehicles used to determine Falt

- aero under 40 CFR 1037.521. § 1037.201 General requirements for obtaining a certificate of conformity. (g) We may perform confirmatory testing on your vehicles; for example, we may test vehicles to verify drag areas or other GEM inputs. This includes vehicles used to determine F alt

- aero under §1037.521. We may require you to deliver your test vehicles to a facility we designate for our testing. Alternatively, you may choose to deliver another vehicle that is identical in all material respects to the test vehicle. Where certification is based on testing components such as tires, we may require you to deliver test components to a facility we designate for our testing. Trailers do not exist in production today that meet the rear axle position specified in the regulations. The revised text corrects the la nguage such that it represents the appropriate trailer dimension. § 1037.501 General testing and modeling provisions. (g)(1) The standard trailer for high

- roof tractors must meet the following
criteria: (iv) It includes dual 22.5 inch wheels, standard mudflaps, and standard landing gear. The centerline of the rear

- most tandem axle must be 146 +/

- 4 inches from the rear of the trailer. Fix typographical error. § 1037.520 Modeling CO 2 emissions to show compliance

. This section describes how to use the GEM Greenhouse gas Emissions Model (GEM) simulation tool (incorporated by reference in § 1037.810) to show compliance with the CO 2 standards of §§ 1037.105 and 1037.106. Use good engineering judgment when demonstrating compliance using the GEM.

(e)(1) Vehicle weight reduction inputs for wheels are specified relative to dual

wide tires with conventional steel wheels. For purposes of this paragraph (e)(1), a light

- weight aluminum wheel is one that weighs at least 21 lb pounds less than a comparable conventional steel wheel. The inputs are listed in Table 3 4 to this section. For example, a tractor with aluminum steel steer wheels and eight (4x2) dual

- wide aluminum drive wheel would have an input of 210 lbs pounds (2x21 = + 8x21). Change the nomenclature of the vehicle speed variable from S to v to be consistent with 40 CFR part 1065.

Remove the torque control option because it causes testing issues when the vehicle is shifting and braking. In addition, removing one of the two dynamometer control modes reduces lab

- to

- lab variability. § 1037.550 Special procedures for testing post

- transmission hybrid systems.

Changes detailed in the regulations published in the Federal Register make modifications to (d), (e), and (f) related to the vehicle speed variable nomenclature and the removal of the torque control option for running the

test.

Clarify the regulatory text for instances where the secondary manufacturer who would hold the vehicle GHG certificate, may be a small bus iness that would be exempted from the GHG regulations. §1037.620 Shipment of incomplete vehicles to secondary vehicle manufacturers

. (a) (3) Uncertified vehicles that will be certified by secondary vehicle manufacturers. Manufacturers may introduce into U.S. commerce partially complete vehicles for which they do not hold a certificate of conformity only as allowed by paragraph (b) of this section ; however, the requirements of this section do not apply if vehicles produced by a secondary vehicle manufactur er are excluded from the standards of this part under §1037.150(c)

.

### 27 

### Rea son for Change Revised Regulation Text Similar to the reasons which supported the development of vehicle speed limiter flexibilities, an automatic engine shutdown ( AES ) system can be developed to alleviate potential concerns t hat impede its adoption. For example, some amount of idling may be needed for truckers who experience significant ambient temperature excursions that would necessitate extended idling or for idle reduction technologies, such as APUs, that malfunction and necessitate extended idling. A remedy to these concerns would be to design the AES such that it allows for a predetermined number of hours per year of idling. The addition to 40 CFR 1037.660 appropriately quantifies the CO 2 emissions and fuel consumption of a partial AES system through the discounting of the AES input to
GEM. § 1037.660 Automatic engine shutdown systems

. This section specifies requirements that apply for certified automatic engine shutdown (AES) systems (AES) that are modeled under §1037.520. It does not apply for AES systems you do not model under §1037.520.

(c) Expiration Adjustments of to AES systems. (1) The AES system may include an expiration point (in miles) after which the AES system may be disabled. If your vehicle is equipped with an expiring AES system that expires before 1,259,000 miles adjust the model input as follows
, rounded to the nearest 0.1 g/ton

- mile : AES Input = 5 g CO 2 /ton

- mile × (miles at expiration/1,259,000 miles) (2) For AES systems designed to limit idling to a specific number of hours less than 1,800 hours over any 12

- month period , calculate an adjusted AES using the following equation rounded to the nearest 0.1 g/ton

- mile: AES Input = 5 g CO 2 /ton

- mile × (1

- (maximum allowable number of idling hours per year/1,800 hours)). This is an annual allowance that starts when the vehicle is new and resets every 12 month s after that. Manufacturers may propose an alternative method based on operating hours or miles instead of
years.

This new provision clarifies manufacturers’ liability for offsetting debits (or deficit credits) after certifying with emissions above the standards for three years. We would want to avoid claims that the statute of limitations starts to apply in the firs t year of using debits, since this could significantly limit our ability to adequately enforce the requirement. We have generally adopted this approach in other rules which allow debits to be carried forward a given number of model years and are later off set with credits (40 CFR 86.1861

- 04(e), 86.1864

- 1(o), and 86.1865

- 12(k)). § 1037.745 End

- of

- year CO 2 credit deficits. ( d) For purposes of calculating the statute of limitations, the following actions are all considered to occur at the expiratio n of the deadline for offsetting debits as specified in paragraph (a) of this section: (1) Failing to meet the requirements of paragraph (a) of this section. (2) Failing to satisfy the conditions upon which a certificate was issued relative to offsetting d ebits. (3) Selling , offering for sale, introducing or delivering into U.S. commerce, or importing vehicles that are found not to be covered by a certificate as a result of failing to offset debits.

To add a definition of “preliminary approval.” § 1037.801 Definitions. Preliminary approval means approval granted by an authorized EPA representative prior to submission of an application for certification, consistent with the provisions of §1037.210.

### 28 

### Rea son for Change Revised Regulation Text Revise the regulatory text so that it matches the definitio n of “Class” in 40 CFR 1037.801 and is consistent with DOT’s Gross Vehicle Weight Rating Classes in 49 CFR 565.15, Table
II. Also, aggregate the heavy

- duty pickup truck and van sub

- category to match the definition in 49 CFR 535.4. § 1037.801 Definitions

. Regulatory Sub

- category (1) Spark

- ignition All vehicles subject to the standards of § 1037.104. Note that th is category includes most gasoline

- fueled and diesel

- fueled heavy

- duty pickup trucks and vans. (2) All other vehicles subject to the standards of §1037.104. Note that this category includes most diesel

- fueled heavy

- duty pickup trucks and vans. [Reserved] (3) Vocational vehicles at or below 19,500 pounds GVWR. (4) Vocational vehicles at or above 19,500 pounds GVWR but at or below 33,000 pounds GVWR. (5) Vocational vehicles over 33,000 pounds. (6) Low

- roof tractors at or above 26,000 pounds GVWR but at or below 33,000 pounds GVWR. (7) Mid

- roof tractors at or above 26,000 pounds GVWR but at or below 33,000 pounds GVWR. (8) High

- roof tractors at or above 26,000 pounds GVWR but at or below 33,000 pounds GVWR. (9) Low

- roof day cab tractors at or above 33,000 pounds GVWR. (10) Low

- roof sleeper cab tractors at or above 33,000 pounds GVWR. (11) Mid

- roof day cab tractors at or above 33,000 pounds GVWR. (12) Mid

- roof sleeper cab tractors at or above 33,000 pounds GVWR. (13) High

- roof day cab tractors at or above 33,000 pounds GVWR. (14) High

- roof sleeper cab tractors at or above 33,000 pounds GVWR.



### EPA is also revising portions of the regulations in 40 CFR part s 1065 and 1066 to clarify test procedures , as discussed in Section II.D.4 of the preamble to the rule

. Table 5 summarizes the changes to the regulations.

Table 5 : EPA Regulatory Changes to 40 CFR Part s 1065 and 1066 Reason for Change Revised Regulation Text
Restore text to 40 CFR 1065.610(c)(3)(i) through (iii) which was inadvertently removed in the C3 Marine Final Rule (75 FR 22896, April 30,2010). § 106 5.610 Duty cycle generation. (c)(3) Intermediate speed

. If your normalized duty cycle specifies a speed as “intermediate speed,” use your torque

- versus

- speed curve to determine the speed at which maximum torque occurs. This is peak torque speed. If maximum torque occurs in a flat region of the torque

- versus

- speed curve, your peak torque speed is the midpoint between the lowest and highest speeds at which the trace reaches the flat re gion. For purposes of this paragraph (c)(3), a flat region is one in which measured torque values are within 2% of the maximum recorded value. Identify your reference intermediate speed as one of the following values: (i) Peak torque speed if it is between (60 and 75) % of maximum test speed. (ii) 60 % of maximum test speed if peak torque speed is less than 60 % of maximum test speed. (iii) 75 % of maximum test speed if peak torque speed is greater than 75 % of maximum test speed.

### 29 

### Reason for Change Revised Regulation Text Clarify the vehicle speed range for coastdown testing and the anemometer calibration procedure. § 1066.310 Coastdown procedures for heavy

- duty vehicles. (b) (2 ) You must reach a top speed of greater than 70 mph such thatdata colletion of the coastdown can start at or above 70 mph. Operate the vehicle at a top speed above 70 mph, or at its maximum achievable speed if it cannot reach 70 mph. If a vehicle is equipped with a vehicle speed limiter that is set for a maximum speed below 70 mph, you must dis able the vehicle speed limiter. Start the test at or above 70 mph or at the vehicle’s maximum achievable speed if it cannot reach 70 mph. Data collection must occur through a minimum speed at or below 15 mph. Data analysis for valid coastdown
runs must include a maximum speed of 70 mph as described in this paragraph (b)(2) and a minimum speed of 15 mph.

(3) Gather data regarding wind speed and direction, in coordination with time

- of

- day data, using at least one stationary electro

- mechanical anemometer and suitable data loggers meeting the specifications of SAE J1263, as well as the following additional specifications for the anemometer placed adjacent to the test surface: (i) Run the zero

- wind and zero

- angle calibration data collection

. Calibrate the equipment by running the zero

- wind and zero

- angle calibrations within 24 hours before conducting the coastdown procedures. If the coastdown procedures are not complete 24 hours after calibrating the equipment, repeat the calibration for another 24 hours of data collection. (ii) [Reserved] ( ii) The anemometer must have had its outputs recorded at a wind speed of 0.0 mph within 24 hours before each coastdown test in which it is used.

(6) All valid coastdown run times in each direction must be within 2.0 standard deviations of the mean of the valid coastdown run times (from 70 mph down to 15 mph) in that direction. Eliminate runs outside this r ange. After eliminating these runs you must have at least eight valid runs each direction. You may use coastdown run times that do not meet these standard deviation requirements if we approve it in advance. In your request, describe why the vehicle is n ot able to meet the specified standard deviation requirements and propose an alternative set of requirements.

(7) Analyze data for chassis and post

- transmission powerpack testing or for use in the GEM simulation tool as follows: (i) Follow the procedures specified in Section 10 of SAE J1263 or Section 11 of SAE J2263 to calculate coefficients for chassis and post

- transmission powerpack testing. (ii) For the GEM simulation tool, determine drag area, C D A , as follows instead of using the procedure specified i n Section 10 of SAE J1263:



### As discussed in Section II.D.5 of the preamble to the rule, EPA is also revising portions of the regulations in 40 CFR part 85 to clarify the applicable standards for fuel conversions

. Table 6 summarizes the changes to the regulations.

Table 6 : EPA Regulatory Changes to 40 CFR Part 85 Reason for Change Revised Regulation Text Provide clarity regarding the applicability of the fuel conversion regulations to heavy

- duty pickup trucks and vans. § 85.525 Applicable standards.

(a)(2) ( i ii) Subject to the following exceptions and special provisions, compliance with greenhouse gas emission standards for heavy

- duty vehicles subject to 40 CFR 1037.104 is demonstrated by complying with the N 2 O and CH 4 standards and provisions set forth in

### 30 

### Reason for Change Revised Regulation Text
40 CFR 1037.104 and the in

- use CO 2 exhaust emission standard set forth in 40 CFR 1037.104(b) as determined by the OEM for the subconfiguration that is identical to the fuel conversion emission data vehicle (EDV): (A) If the OEM complied with alternate standards for N 2 O and/or CH 4 , as allowed under 40 CFR 1037.104(c) you may demonstrate compliance with the same alternate standards. (B) If you are unable to meet either the N 2 O or CH 4 standards and your fuel conversion
CO 2 measured value is lower than the in

- use CO 2 exhaust emission standard, you may also convert the difference between the in

- use CO 2 exhaust emission standard and the fuel conversion CO 2 measured value into GHG equivalents of CH 4 and/or N 2 O , using 298
g CO 2 to represent 1 g N 2 O and 25 g CO 2 to represent 1 g CH 4 . You may then subtract the applicable converted values from the fuel conver sion measured values of CH 4 and/ or
N 2 O to demonstrate compliance with the CH 4 and/or N 2 O standards. (C) You may alternatively comply with the greenhouse gas emission requirements by comparing emissions from the vehicle before and after the fuel conversion. This comparison must be based on the Federal Test Procedure ( FTP ) test result from the emission data vehicle (EDV) representing the pre

- conversion test group. The sum of
CO 2 , CH 4 , and N 2 O shall be calculate d for pre

- and post

- conversion FTP test results, where CH 4 and N 2 O are weighted by their global warming potentials of 25 and 298, respectively. The post

- conversion sum of these emissions must be lower than the pre

conversion greenhouse gas emission result. Calculate CO 2 emissions as spec ified in 40
CFR 600.113

- 12. If we waived N 2 O measurement requirements based on a statement of compliance from the OEM, disregard N 2 O for all measurements and calculations under this paragraph (a)(2)(iii)(C).



### EPA is also revising portions of the regulations in 40 CFR part 86 to clarify test procedures and reporting requirements , as discussed in Section II.D.6 of the preamble to the rule

. Table 7 summarizes the changes to the regulations.

Table 7 : EPA Regulatory Changes to 40 CFR Part 86 Reason for Change Revised Regulation Text Provide a mechanism for engine manufacturers to identify engines which are only suitable for installation in hybrid applications. § 86.010

- 18 On

- board Diagnostics for engines used in applications greater than 14,000 pounds GVWR. (q) Optional phase

- in for hybrid vehicles. (6) Manufacturers that modify the engine's diagnostic system from the approved configuration to be compatible with a hybrid powertrain system under this paragraph (q) must add the following compliance statement to the ECI label: "for use in hybrid applications only".

Clarify that portions of 40 CFR part 86 apply to the hea vy

- duty pickup trucks and vans subject to 40 CFR 1037.104. § 86.1865

- 12 How to comply with the fleet average CO 2 standards. (a) Applicability (1) Unless otherwise exempted under the provisions of §86.1801

- 12(j) or (k), CO 2 fleet average exhaust emission standards of this subpart apply to: * * * ( ii ) Heavy

- duty vehicles subject to standards under 40 CFR 1037.104.

### 31 

### Reason for Change Revised Regulation Text (j) * * * (4) * * * (i) Manufacturers must report in their annual reports to the Agency that they met the relevan t corporate average standard by showing that their production

- weighted average CO 2 emission s levels of passenger automobiles , light trucks, and heavy

- duty vehicles, as applicable, are at or below the applicable fleet average standards; or (k) * * * (4) Credits are earned on the last day of the model year. Manufacturers must calculate, for a given model year and separately for passenger automobiles
, light trucks, and heavy

duty vehicles ( as specified in 40 CFR 1037.104 ) , the number of credits or debits it has generated according to the following equation rounded to the nearest megagram: (8) * * * (iv) * * * (A) If a manufacturer ceases production of passenger automobiles , light trucks or heavy

duty vehicles subject to the standards of 40 CFR 1037.104 , th e manufacturer continues to be responsible for offsetting any debits outstanding within the required time period. Any failure to offset the debits will be considered a violation of paragraph (k)(8)(i) of this section and may subject the manufacturer to an enforcement action for sale of vehicles not covered by a certificate, pursuant to paragraphs (k)(8)(ii) and (iii) of this section. (l) * * * (1) * * * (i) Manufacturers producing any light

- duty vehicles, light

- duty trucks, or medium

- duty passenger vehicles subject to the provisions in this subpart or any heavy

- duty vehicles subject to the standards of 40 CFR 1037.104 must establish, maintain, and retain all the following information in adequately organized records for each model year: (ii) Manufacturers pr oducing any passenger automobiles or light trucks subject to the provisions in this subpart and vehicles subject to the standards of 40 CFR 1037.104 must establish, maintain, and retain all the following information in adequately organized records for each passenger automobile or light truck subject to this subpart: (3) Notice of Opportunity for hearing. Any voiding of the certificate under paragraph (l)(1)(vi) of this section will be made only after EPA has offered the affected manufacturer an opportunity for a hearing conducted in accordance with §86.614 for light

- duty vehicles or §86.1014

- 84 for light

- duty trucks and, if a manufacturer request s such a hearing, will be made only after an initial decision by the Presiding Officer.
There is no need or benef it for manufacturers to submit greenhouse gas emission data in the model years before emission standards apply for those pollutants. The reporting requirement should have been removed with the rule to adopt those standards. Remove §§86.007

- 23(n) and 86.18 44

- 01(j) which describe how to report CO 2 , N 2 O , and
CH 4 emissions.