[Federal Register Volume 75, Number 215 (Monday, November 8, 2010)]
[Rules and Regulations]
[Pages 68448-68467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27892]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 86, 1033, 1039, 1042, 1045, 1054, and 1065
[EPA-HQ-OAR-2010-0142; FRL-9220-6]
RIN 2060-AO69
Revisions to In-Use Testing for Heavy-Duty Diesel Engines and
Vehicles; Emissions Measurement and Instrumentation; Not-to-Exceed
Emission Standards; and Technical Amendments for Off-Highway Engines
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action on several revisions to
EPA's mobile source emission programs standards and test procedures.
EPA believes that each of these is minor and non-controversial in
nature. Most of the changes arise from the results of the collaborative
test program and related technical work we conducted for the highway
heavy-duty diesel in-use testing program. Most noteworthy here is the
adoption of a particulate matter measurement allowance for use with
portable emission measurement systems. Related to this are two
provisions to align the in-use program timing requirements with
completion of the program as required in current regulations and the
incorporation of revisions to a few technical requirements in the
testing regulations based on information learned in this and one other
test program. Finally, the DFR modifies a few transitional
flexibilities for locomotive, recreational marine, and Tier 4 nonroad
engines and incorporates a handful of minor corrections.
DATES: This is effective on January 7, 2011 without further notice,
unless EPA receives adverse comment by December 8, 2010 on any
amendment, paragraph, or section of this rule. If EPA receives adverse
comment on this rule or any discrete amendment, paragraph, or section
of this rule, we will publish a timely withdrawal of the Direct Final
Rule, or the amendment, paragraph, or section of the direct final rule
that received adverse comment, in the Federal Register informing the
public that the rule, or that amendment, paragraph, or section of the
rule, will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
[[Page 68449]]
OA-2010-0142, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: [email protected].
Fax: (202) 566-9744.
Mail: Environmental Protection Agency, Mail Code: 2822T,
1200 Pennsylvania Ave., NW., Washington, DC 20460. Please include two
copies.
Hand Delivery: U.S. Environmental Protection Agency, EPA
Headquarters Library, EPA West Building, Room: 3334, 1301 Constitution
Avenue, NW., Washington, DC. Such deliveries are only accepted during
the Docket's normal hours of operation, and special arrangements should
be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OA-2010-
0142. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/oar/dockets.html.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the EPA Docket Center,
EPA West Building, EPA Headquarters Library, Room 3334, 1301
Constitution Avenue, NW., Washington, DC. The Public Reading Room is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the Public Reading Room is
(202) 566-1744, and the telephone number for the Air Docket is (202)
566-1742.
FOR FURTHER INFORMATION CONTACT: Rich Wilcox, Assessment and Standards
Division, Office of Transportation and Air Quality, 2000 Traverwood
Drive, Ann Arbor, MI 48105; telephone number: (734) 214-4390; fax
number: (734) 214-4050; e-mail address: [email protected].
SUPPLEMENTARY INFORMATION:
I. Why is EPA using a Direct Final Rule?
EPA is publishing this rule without a prior proposal because we
view this action as noncontroversial and anticipate no adverse comment.
However, in the ``Proposed Rules'' section of today's Federal Register
publication, we are publishing a separate document that will serve as
the proposal to adopt the provisions in this Direct Final Rule if
adverse comments are received on this rule. We will not institute a
second comment period on this action, however. Any parties interested
in commenting must do so at this time. For further information about
commenting on this rule, see the ADDRESSES section of this document.
If EPA receives adverse comment or a request for public hearing
regarding this rule or any discrete portion of this rule, we will
publish a timely withdrawal of the rule, or that portion of the rule
that has received adverse comment, in the Federal Register informing
the public that this direct final rule, or the portion of the rule that
has received adverse comment, will not take effect. We would address
all public comments in any subsequent final rule based on the proposed
rule.
II. Does this action apply to me?
This action will affect companies that manufacture and certify all-
terrain vehicles for sale in the United States.
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Examples of potentially
Category NAICS code \a\ affected entities
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Industry............................................... 336112, 336120 Engine and Truck
Manufacturers.
Industry............................................... 333112 Manufacturers of lawn and
garden tractors.
Industry............................................... 333618 Manufacturers of new
engines.
Industry............................................... 482110, 482111, 482112 Railroad owners and
operators.
Industry............................................... 811112, 811198 Independent commercial
importers of vehicles and
parts.
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\a\ North American Industry Classification System (NAICS).
To determine whether particular activities may be affected by this
action, you should carefully examine the regulations. You may direct
questions regarding the applicability of this action as noted in FOR
FURTHER INFORMATION CONTACT.
III. What should I consider as I prepare my comments for EPA?
A. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in a disk
or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM
as CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
B. Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying
[[Page 68450]]
information (subject heading, Federal Register date and page number).
Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.
IV. Details of the Rule
A. Revision of 40 CFR Part 86 Subpart T To Revise the In-Use Testing
Program for Heavy-Duty Diesel Engines
1. Background
The manufacturer-run, in-use testing program for heavy-duty diesel
vehicles that are used on the highway was promulgated in June 2005 to
monitor the emissions performance of the engines used in 2007 and later
model year vehicles when operated under a wide range of real world
driving conditions.\1\ The program is specifically intended to monitor
compliance with the applicable Not-to-Exceed (NTE) exhaust emission
standards for non-methane hydrocarbons (NMHC), carbon monoxide (CO),
oxides of nitrogen (NOX), and particulate matter (PM). It
requires each manufacturer of heavy-duty highway diesel engines to
assess the in-use exhaust emissions from their engines using onboard,
portable emission measurement systems (PEMS) during typical operation
while on the road. The PEMS unit must meet the requirements of 40 CFR
part 1065 subpart J.
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\1\ See ``Control of Emissions of Air Pollution From New Motor
Vehicles: In-Use Testing for Heavy-Duty Diesel Engines and Vehicles,
70 FR 34594 (June 14, 2005).
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The program was amended in March 2008 to delay some of the
implementation dates and reporting deadlines and to adopt final PEMS
measurement ``accuracy'' margins for gaseous emissions (i.e., NMHC, CO,
and NOX).\2\ The development of PEMS accuracy margins are
further described below.
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\2\ See ``Control of Emissions of Air Pollution From New Motor
Vehicles; Emission Measurement Accuracy Margins for Portable
Emission Measurement Systems and Program Revisions, 73 FR 13441
(March 13, 2008).
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The in-use testing program began with a mandatory two-year pilot
program for gaseous emissions in calendar years 2005 and 2006. The
program also included a pilot program for PM emissions in calendar
years 2007 and 2008. The programs are fully enforceable after their
respective pilot program ends, i.e., the 2007 calendar year for gaseous
emissions and the 2009 calendar year for PM emissions. Fully
enforceable means that engines found not compliant after this time
frame could be subject to a compliance action.
The in-use testing program is based on the NTE emission standards.
For the purposes of the in-use testing program, EPA established a
vehicle pass/fail criterion for each pollutant that compares a
vehicle's measured in-use emissions to a corresponding numerical
compliance limit, i.e., NTE threshold. The NTE threshold for each
pollutant is the sum of the NTE standard, any in-use compliance testing
margin that is already allowed by the regulations, and a new emission
measurement accuracy margin associated with the use of PEMS. The PEMS
accuracy margin is the difference between the emission measurement
``error'' for the portable instrument and the measurement ``error'' for
``laboratory grade'' instruments that are used to test vehicles or
engines on a dynamometer in a laboratory setting. This accuracy margin
is expressed in the same numerical terms as the applicable NTE emission
standards, i.e., grams of pollutant per brake horsepower-hour (g/bhp-
hr).
When the in-use testing program was first established in June of
2005, there was uncertainty regarding what specific accuracy margins
should be used in the in-use testing program, since the portable
measurement devices that were expected to be used in the program had
not been rigorously tested at that time. As a result, we originally
promulgated interim accuracy margins for use in the pilot programs.\3\
These interim values were believed to represent an upper bound of the
possible instrumentation variability based on our experience with
portable and laboratory instruments and test methods. Subsequently, we
adopted final values for gaseous pollutants based on the cooperative
research program described below.\4\
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\3\ The interim additive accuracy margins for the pilot programs
are: NMHC = 0.17 g/bhp-hr, NOX = 0.50 g/bhp-hr, CO = 0.60
g/bhp-hr, and PM = 0.10 g/bhp-hr.
\4\ The final additive accuracy margins for the enforceable
gaseous programs are: NMHC = 0.01 g/bhp-hr, NOX = 0.15 g/
bhp-hr, and CO = 0.25 g/bhp-hr.
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In May of 2005, shortly before the in-use test program was
promulgated, EPA entered into a memorandum of agreement (MOA) with the
California Air Resources Board (CARB) and the manufacturers of heavy-
duty highway diesel engines (through the Engine Manufacturers
Association (EMA)) to develop ``data driven'' emission measurement
allowances through a comprehensive research, development, and
demonstration program for the fully enforceable programs.\5\ The
overall test program was designed to be completed in two phases. The
first phase addressed gaseous emission accuracy margins and the second
phase addressed the PM emission accuracy margin. The remainder of this
discussion focuses on the final PEMS accuracy measurement for PM, since
the final margins for gaseous emissions have already been adopted.
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\5\ See ``Memorandum of Agreement, Program to Develop Emission
Measurement Accuracy Margins for Heavy-Duty In-Use Testing,'' dated
May 2005. A copy of the memorandum is available in the public docket
for this rule and at the EPA/OTAQ Web site (http://www.epa.gov/otaq/hd-hwy.htm).
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The MOA and the June 2005 final rulemaking addressed the
consequences of failing to complete the accuracy margin development
work in time for the scheduled start of the PM enforceable
program.6 7 Two provisions in these documents are most
relevant to today's rule. The first provision addresses short term
delays in receiving the final accuracy margins. Specifically, for each
month the accuracy margins are delayed beyond the agreed upon dates,
then the affected enforceable program would be delayed by the same
number of months up to three months. The second provision, which is
most relevant to today's action, addresses delays in excess of three
months. In particular, if the final accuracy margin and documentation
were delayed more than three months from November 1, 2008, then the
affected PM enforceable program would be placed in abeyance for a year
and the respective pilot program would be continued for calendar year
2009 using the interim
[[Page 68451]]
allowance. If necessary, this programmatic adjustment would be repeated
in subsequent years until the final PM accuracy margin was identified.
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\6\ See ``Memorandum of Agreement, Program to Develop Emission
Measurement Accuracy Margins for Heavy-Duty In-Use Testing,'' dated
May 2005. A copy of the memorandum is available in the public docket
for this rule and at the EPA/OTAQ Web site (http://www.epa.gov/otaq/hd-hwy.htm).
\7\ See ``Control of Emissions of Air Pollution From New Motor
Vehicles: In-Use Testing for Heavy-Duty Diesel Engines and Vehicles,
70 FR 34624 (June 14, 2005).
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2. Particulate Matter Emission Measurement Margin for Portable Emission
Measurement Systems
The MOA described above called for development of a comprehensive
test plan for determining the final emission measurement accuracy
margins for the manufacturer-run, in-use testing program.\8\ Generally,
the detailed plan included a methodology that called for: (1)
Comprehensive engine testing in the laboratory to assess the agreed
upon sources of possible error and the resultant measurement
variability between the PEMS and laboratory instrumentation and
measurement methods; (2) the effects of environmental conditions on
PEMS error and the variability in key engine parameters supplied by the
engine's electronic controls to the PEMS; (3) the development of a
statistically-based computer model to simulate effects of all sources
of error on the final measurement accuracy margin; and (4) validation
of the simulation model results and resulting accuracy margin against
data generated through actual in-use field testing using simultaneous
on-vehicle measurements from a mobile emissions laboratory (i.e.,
laboratory-grade instruments mounted inside a trailer) and a PEMS unit.
This validation step is important because it provides confidence that
the simulation model results reflect reasonable accuracy margin. If the
two methods do not statistically agree, then there may be possible
errors in the simulation model, the in-use mobile emissions testing
results, or both. The test plan also contained the statistically-based
algorithms for calculating the data-driven margin for PM from in-use
data.
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\8\ See ``Test Plan to Determine PEMS Measurement Allowance for
the PM Emissions Regulated under the Manufacturer-Run Heavy-Duty
Diesel Engine In-Use Testing Program, for the U.S. Environmental
Protection Agency, California Air Resources Board, and Engine
Manufacturers Association'', dated November 11, 2008 (published by
EPA August 2010), EPA report number: EPA-420-B-10-901. A copy of the
report is available in the public docket for this rule and at the
EPA/OTAQ Web site (http://www.epa.gov/otaq/hd-hwy.htm).
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After the simulation modeling results were completed, the test plan
called for the final accuracy margin to be determined by the following
generalized process. First, select the PEMS with the lowest or minimum
positive value. Second, select the calculation method that has the
lowest or minimum positive value. Third, and finally, use the results
from that method to determine the final measurement accuracy margin.
The cooperative test program for PM as described in the MOA is
complete and a final report has been issued.\9\ Two PEMS units from
different manufacturers were evaluated in the validation phase. When
the predicted results from the model simulations for one of the PEMS
units were compared to the mobile emissions laboratory results, the
model did not validate for PM. It was determined from analyzing the
results, that the PEMS exhibited a negative bias that was more
pronounced during the validation tests when compared to the model
development tests. The model did validate for the PEMS from the other
manufacturer. Based on these results for that instrument, EPA, ARB, and
EMA selected the final measurement allowance value and agreed to
conclude the test program. The resultant final emission measurement
accuracy margin is 0.006 g/bhp-hr for PM. The derivation of this value
is documented in the final report referenced above.
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\9\ See ``PM PEMS Measurement Allowance Determination: Final
Report,'' U.S. Environmental Protection Agency, June 2010 (published
by EPA August 2010), EPA report number: EPA-420-R-10-902. A copy of
the report is available in the public docket for this rule and at
the EPA/OTAQ Web site (http://www.epa.gov/otaq.hd-hwy.htm).
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3. Delaying the Enforceable PM Program From 2009 to 2011
As described above, the PM accuracy margin test program has been
completed. However due to unexpected delays in beginning the test
program, issues in the development of PM PEMS technology, and other
challenges in conducting the work, the program took two years longer
than originally anticipated. Accordingly, in-use test program
regulations require that the first two years of the previously adopted
enforceable program, which was originally scheduled for the calendar
year 2009, be placed into abeyance for two years. Hence, the
enforceable PM program will now begin in 2011 calendar year.
As already noted, the current in-use test program regulations
require that the PM pilot program, which began in the 2007 calendar
year, be continued for an additional two years through calendar year
2010. This would result in four years of pilot testing for PM. However,
our current assessment shows that such extended pilot program testing
is unnecessary as described below.
The intent of the original two-year pilot program for PM was to
make certain that engine manufacturers had adequate real-world
operational experience, i.e., from recruiting vehicles to submitting
test reports to EPA, to ensure a successful start of the subsequent
fully enforceable program.\10\ Manufacturers have reached the May 31,
2010 reporting deadline for the 2007 calendar year PM pilot program.
Also, engine manufacturers have completed a substantial amount of in-
use testing for gaseous pollutants, i.e., NMHC, CO, and NOX.
More specifically, two years of gaseous emissions pilot testing (2005
and 2006 calendar years) and two years of the fully enforceable program
(2007 and 2008 calendar years) for these pollutants have been
completed. Gaseous pollutant in-use testing is in many ways
complementary to PM in-use testing because nearly all aspects of the
test regime are the same. Even certain parts of the portable emission
measurement system instrumentation are used to measure both types of
pollutants. Engine manufacturers, therefore, have already had a
substantial amount of experience conducting all aspects of in-use
testing. As a result, we have concluded that the original intent for
conducting the PM pilot program will be achieved by retaining the
requirement for two years of pilot testing rather than expanding it to
four years. Therefore, we are not extending the PM pilot testing
program beyond its initial requirement of two years of testing.
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\10\ See ``Control of Emissions of Air Pollution From New Motor
Vehicles: In-Use Testing for Heavy-Duty Diesel Engines and Vehicles,
70 FR 34614 (June 14, 2005).
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As a result of the decision to delay the enforceable program for PM
until the 2011 calendar year and the decision not to extend the two-
year pilot program, we needed to reassess the schedule for conducting
the required tests for the pilot program. Two considerations are
especially important here. First, there is no apparent advantage to
require that engine manufacturers conduct testing over a single,
consecutive two-year period, e.g., calendar years 2007 and 2008.
Second, there may be a benefit to allowing each manufacturer to decide
which two years out of the four possible years to conduct its PM pilot
testing. This is because the PM PEMS technology has continued to
improve and mature as a result of the ongoing cooperative test program
for developing the final PM accuracy margin. As a result, a
manufacturer may benefit from an additional flexibility in selecting
when to complete the PM pilot program in order to gain experience with
PEMS that will be more like the instrumentation they may use for the
2011 enforceable program. Therefore,
[[Page 68452]]
we are allowing each manufacturer to report test results in any two out
of the potentially four calendar years for completing its testing
obligations under the PM pilot program.
Finally, we previously designated the engine families for the 2007,
2008, and 2009 calendar years that each engine manufacturer must test,
and we have recently designated engine families for the 2010 calendar
year program. Given the new flexibility in choosing which two of the
four years to fulfill their testing obligations for the PM pilot
program, each engine manufacturer must notify EPA by letter to the
Agency's designated compliance officer to explicitly identify both: (1)
The designated calendar year(s) where in-use PM pilot program testing
will be forgone, and (2) the designated calendar year(s) when their
obligations for PM pilot testing will be completed. This notification
must be provided to the Agency by January 7, 2011 and must be quickly
updated if planned testing changes for any calendar year.
4. Removing the PM Accuracy Test Program From the Regulations
We are taking this opportunity to delete the references in Sec.
86.1935 that pertain to the final report for PM emission accuracy
margin and the consequences that would ensue if the report was delayed
beyond certain dates. These provisions are no longer needed because
accuracy margin for PM pollutants are being promulgated in this Direct
Final Rule. This will result in removal of Sec. 86.1935 from the
regulations in its entirety and any references made to Sec. 86.1935
throughout 40 CFR part 86.
B. Revisions to 40 CFR 1033.150 To Allow the Use of Earlier Model Year
Switch Engines With Equivalent Emission Controls
Section 1033.150(e) allows the use of certified 2008 and later
nonroad engines in switch locomotives. We are extending the allowance
to include nonroad engines produced in model years before 2008 as long
as they were certified to the same standards as 2008 engines. This
extension will not have any emissions impact since the engines will be
required to have the same emission controls with or without the
revisions.
C. Revision of 40 CFR Part 1065 To Clarify the Requirements for PM PEMS
Testing
We are taking this opportunity to make minor technical amendments
to 40 CFR part 1065 that are mostly related to the requirements for in-
use PM instrumentation and that arose from knowledge gained during the
accuracy margin laboratory and field work mentioned in Section A.
above. The changes are specified in the following paragraph. The
reasons for these changes are detailed in a separate document.\11\
These amendments have no effect on the stringency of the regulations,
but simply improve increase testing efficiency, allow new measurement
techniques, or otherwise clarify the regulatory requirements.
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\11\ See ``List of Part 1065 Changes Resulting from HDIUT PM MA
Program'', dated June 2010. A copy of this list is available in the
public docket for this rule.
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The amendments are as follows:
1. The requirement to control dilution air temperature has been
removed for in-use testing;
2. An in-use filter face velocity specification has been added;
3. An in-use filter face temperature specification has been added;
4. We are specifying that there is no requirement for control of
humidity control for in-situ PM analyzers;
5. We are allowing the use of a fixed molar mass for the dilute
exhaust mixture for field testing;
6. We are deleting the frequency and rise/fall time specs for
inertial batch PM analyzers;
7. We are adding a statement that field testing applies at any
ambient temperature, pressure and humidity, unless otherwise specified
in the standard setting part (e.g., 40 CFR part 86 for heavy-duty
highway engines);
8. We are adding language to state that EPA approves of
electrostatic deposition technique for PM collection and that the
technique must meet 95% collection efficiency, as validated by the
manufacturer;
9. We are excluding PM PEMS from the system-response and updating-
recording verification requirements;
10. We are clarifying when an HC contamination check of the
sampling system should take place;
11. We are allowing the use of a PM loss correction to account for
PM loss in the inertial balance, including the sample handling system
for in-use testing only;
12. We are making a clarification on how to handle positive
displacement pump (PDP) pressure calibrations at maximum pressure;
13. We are allowing a restart of the hot portion of the transient
test if the hot start was void;
14. We are making some language changes to make the language used
more consistent throughout the document; and
15. We are correcting typographical errors.
D. Revision of 40 CFR 1065.140 To Allow the Use of Partial Flow
Dilution Systems for Laboratory Transient Test Cycle PM Measurement
We are taking this opportunity to make changes to 40 CFR
1065.140(d) to allow the use of partial flow sampling systems for
measurement of PM during transient test cycles for laboratory testing.
PM measurement has been traditionally performed using a full flow
dilution tunnel where the entire amount of engine exhaust gas is
collected and made available for sampling. With this sampling method,
commonly referred to as a constant volume sampler (CVS), the size of
the dilution tunnel depends on the exhaust gas volume, thus the greater
the volume of exhaust gas emitted from the engine, the larger the
dilution tunnel must be. As an alternative, a partial-flow dilution
tunnel allows sampling of part of the total exhaust flow, which reduces
the size of the sampling system. One of the drawbacks to partial flow
sampling systems in the past was that the flow controllers did not have
a fast enough response time to accurately respond to the changing
exhaust flow rates during a transient cycle. Thus partial flow sampling
systems were only allowed for use during steady-state cycle testing.
Recent advancements in the development of fast response flow control
systems, along with the advancement in the understanding of PM
formation characteristics have made partial flow sampling systems a
viable technology for use in transient applications when compared to
the CVS reference method.
We currently allow the use of partial flow sampling systems for
measurement of PM for steady-state and ramped modal cycle (RMC) testing
and have put specifications in place in 40 CFR 1065.140(e) with respect
to dilution air temperature, minimum dilution ratio, filter face
temperature, and residence time to control PM formation. These
specifications have further worked to improve the accuracy of partial
flow systems when compared to the CVS.
We initially proposed this allowance in the locomotive and
compression-ignition marine engines less than 30 liters per cylinder
NPRM, but did not finalize it due to concerns over the viability of
partial flow systems in transient applications.12 13 Since
[[Page 68453]]
promulgating that rule, EPA has worked with industry to gain a better
understanding of partial flow systems and the improvements that have
been made over the past decade. We have also reviewed additional data
supplied by engine and partial flow system equipment manufacturers
showing comparisons between the traditional CVS and partial flow
systems for PM measurement.\14\ These data have shown that partial flow
measurement of PM is a viable tool for measurement in transient
applications and these systems can meet the dilution parameter control
requirements in 40 CFR 1065.140 as well as the flow rate linearity
requirements in 40 CFR 1065.307, Table 1, and the validation of
proportional flow control requirement in 40 CFR 1065.545. Further,
correlation testing involving partial flow systems and CVS based
systems has shown that the partial flow method is equivalent to the CVS
method via t- and f-test analysis. In light of these recent
disclosures, EPA will allow the use of this measurement technique.\15\
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\12\ See ``Proposed Rule: Control of Emissions of Air Pollution
from Locomotives and Marine Compression-Ignition Engines Less than
30 Liters per Cylinder'', 72 FR 34594 (April 3, 2007).
\13\ See ``Final Rule: Control of Emissions of Air Pollution
from Locomotives and Marine Compression-Ignition Engines Less Than
30 Liters per Cylinder'', 73 FR (May 6, 2008).
\14\ See ``Sierra Instruments Model BG-3 vs. CVS Multiple Engine
Correlation Study'', dated November 2009. A copy of this list is
available in the public docket for this rule.
\15\ Compliance evaluation when conducted by the Administrator,
independent of the method for dilution, become the official results.
Manufacturers should be prepared to demonstrate compliance with the
full flow CVS even if initial certification was conducted using a
partial flow dilution system. EPA will continue to use the CVS-based
PM measurement method for our own compliance testing regardless of
what method the manufacturer used to certify the engine.
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E. Revision of 40 CFR 86.1370 To Clarify How To Handle NTE Events
During Regeneration
We are taking this opportunity to further define how to handle
regeneration events that occur during real world in-use NTE tests. The
current text as it exists in 40 CFR 86.1370-2007(d)(2) has caused
confusion with respect to determination of the NTE minimum averaging
period.
This revision establishes a new method to calculate the minimum
averaging period. The intent here is to minimize the number of voided
NTE events due to regeneration for systems that undergo frequent and/or
infrequent regeneration, while ensuring that the NTE averaging time is
appropriate based on the regeneration time.
The regeneration duty cycle fraction over the course of the entire
test day can be determined by dividing the mean time of the complete
regeneration events (state 2) by the sum of the mean time of the non-
regeneration events (state 0) and the mean time of the complete
regeneration segments including time in those segments where
regeneration is pending (states 1 and 2).
To determine whether an NTE that includes a regeneration event is
valid, the minimum average time is determined by summing the portion of
the NTE event that occurs during regeneration and dividing by the
fraction of time over the entire sampling period, i.e., shift-day, that
regeneration occurred for complete regeneration events. This latter
term is referred to as the regeneration fraction. If the duration of
the NTE is greater than or equal to this minimum average time, then the
NTE event is valid.\16\ For example, if an NTE event was 125 seconds
long and contained 25 seconds of regeneration, and regeneration
fraction was 0.24, the minimum averaging time for this NTE event is 104
seconds (25/0.24=104). In this example, the NTE event would be valid.
---------------------------------------------------------------------------
\16\ See, Letter from EMA to EPA, ``Treatment of Overlapping NTE
and Regeneration Events, (July 29, 2009). A copy of the report is
available in the public docket for this rule.
---------------------------------------------------------------------------
F. Revision of 40 CFR 1065.915 To Allow the Use of ECM Fuel Rate To
Determine NTE Mass Emission Rate
We are taking this opportunity to allow the use of fuel rate data
that is available from the engine's electronic control module (ECM)
along with other information, including the CO2, CO, and
hydrocarbon emissions to calculate the requisite exhaust flow rate for
mass emission rate determination. We believe that all large horsepower
nonroad diesel engines will be equipped with ECMs that report fuel flow
within the time frame proposed for implementation of the in-use testing
program. The ECM fuel flow rate-based methodology currently requires
prior EPA approval under 40 CFR 1065.915(d)(5)(iv). This pre-approval
requirement is based on past concerns with respect to the accuracy of
the ECM broadcast fuel flow rate when calculating brake-specific
emission results in the absence of an exhaust flow measurement.
However, more recent information from the cooperative in-use emission
measurement allowance program for PEMS showed that emission
calculations incorporating the ECM fuel rate yielded results comparable
to those using approved calculation methodology.\17\ Based on that
study and the inclusion of ECM derived BSFC in the determination of the
accuracy margin, we are proposing to eliminate the requirement that a
manufacturer must have EPA approval to use this method to determine
exhaust flow rates via an amendment to 40 CFR 1065.915.
---------------------------------------------------------------------------
\17\ See ``Determination of PEMS Measurement Allowances for
Gaseous Emissions Regulated under the Heavy-Duty Diesel Engine In-
Use Testing Program, dated April 2007. A copy of the report is
available in the public docket for this rule and at the EPA/OTAQ Web
site (http://www.epa.gov/otaq/hd-hwy.htm).
---------------------------------------------------------------------------
G. Revision of 40 CFR 1045.145 To Extend the Notification Deadline for
Small-Volume Manufacturers of Marine SI Engines
Our current regulations for sterndrive/inboard marine SI engines
allow for delayed implementation of emission standards for small-volume
manufacturers making sterndrive/inboard marine SI engines (see Sec.
1045.145(a)). One requirement related to this delay is for the
manufacturer to notify EPA before the standards take effect. However,
we have learned that there are some small-volume engine manufacturers
that have not yet learned about the new emission standards. We believe
it is appropriate to extend the notification deadline for these
manufacturers by one year to allow for further communications related
to the new requirements. With the later deadline we also need to add
language in the regulation to clarify that manufacturers need to notify
EPA before introducing such engines into U.S. commerce for them to have
a valid temporary exemption. These revisions address the logistical
challenges related to implementing the new standards without changing
the effective implementation schedule of the original rule.
H. Revision of 40 CFR 1039.102 To Enable Phase Out of Tier 3 Diesel
Engines
When creating 40 CFR 1039.102 (69 FR 39213, June 29, 2004), we
included provisions intended to allow engine manufacturers to use
emission credits to continue producing a small number of Tier 3 nonroad
diesel engines after the Tier 4 standards began to apply. However, we
now realize that the provisions may not work as intended because the
Tier 4 averaging programs inadvertently do not allow manufacturers to
show compliance with the applicable 0.19 g/kW-hr NMHC standard using
credits. In today's rulemaking, we are amending this section to allow
manufacturers to use credits to show compliance with alternate
NOX + HC standards. The alternate NOX + NMHC
standards for each power category would be equal to the numerical value
of the applicable alternate NOX standard of Sec.
1039.102(e)(1) or (2) plus 0.10 g/kW-hr. Engines certified to these
NOX +NMHC standards may not generate
[[Page 68454]]
emission credits. Since additional 0.10 g/kW-hr for the combined
standard is less than the otherwise applicable NMHC standard, there
would be a small environmental benefit when manufacturers choose to
certify to the alternate standards.
I. Revision of 40 CFR 1039.625 To Revise TPEM Provisions for Special
High-Altitude Equipment
We have been made aware of a number of unique challenges involved
in implementing Tier 4 requirements for certain specialized high-
altitude equipment. In setting the Tier 4 standards in 2004, we
anticipated that typical engineering challenges would arise in
redesigning machines to use the new engines, and we restructured our
transition program for equipment manufacturers, first established in
the Tier 2/Tier 3 rule, to help manufacturers deal with these
challenges. This important flexibility program has been highly
successful. We do feel that a minor adjustment is warranted for the
specialized high-altitude equipment identified.
This equipment is designed for use on snow and, for at least some
of its operating life, at elevations more than 9,000 feet above sea
level. The applications are ski area snow groomers, both alpine and
cross-county, and personnel transporters used in search and rescue
operations, and maintenance of utility lines and towers.
One manufacturer of this equipment, has identified a number of
technical issues specific to the equipment, including: \18\
---------------------------------------------------------------------------
\18\ E-mail from Jean-Claude Perreault, Prinoth Ltd, to Byron
Bunker, U.S. EPA, ``Prinoth technical information'', June 8, 2010.
---------------------------------------------------------------------------
1. Reliability: The performance of the new engine and
aftertreatment components is untested at high altitudes in winter
conditions. Engine operating temperatures may be elevated at higher
altitudes with potential impacts on engine performance and reliability;
2. Cold Starting: Diesel cold starting is aggravated at high
altitudes due to lower oxygen availability. No-start situations for
high-altitude equipment may be life threatening;
3. Engine power: The degree to which a Tier 4 engine's power is
reduced, i.e., derated, with increasing altitude is unproven. Excessive
derate would hinder the vehicles' snow grooming function and
performance;
4. Particulate filter regeneration: These machines operate for long
periods traveling downhill with little engine load. Regeneration must
be validated;
5. Functioning in extreme conditions: Snow groomers must reliably
push and grind snow and ice in extreme conditions, including while
moving up and down steep grades; and
6. Weight: The added weight of Tier 4 aftertreatment and cooling
components will directly affect ground pressure, which can hamper a
snow groomer's essential function.
In identifying these issues, the manufacturer stated that it
expects two, possibly three, winters of prototype testing are needed to
work through these issues and believes that flexibility in the use of
exemptions provided by the Tier 4 transition program is key to enabling
this. We have evaluated the technical issues, and have concluded there
are likely to be some unique challenges in implementing Tier 4 for
high-altitude equipment of this type.
In response, to provide modest but meaningful additional
flexibility, we are removing the single engine family restriction for
the use of the small volume provision allowing 700 exempted units over
seven years. This additional flexibility would only apply for
manufacturers of specialized high-altitude equipment (designed to
commonly operate above 9,000 feet), and only in the first two model
years of Tier 4 standards. Afterward, the single engine family
restriction would apply. In no case would the 700 unit maximum over
seven years be exceeded.
We do not expect that this change will result in a significant
negative impact on any engine or equipment manufacturers. Engine
manufacturers are already expecting to produce some Tier 4 engines for
the transition program, and the number of additional exempted engines
will be relatively small. Equipment manufacturers can either take
advantage of this change, or are already able to exempt the same number
of affected machines for several years under the existing transition
program provisions.
We also believe the impact of this modification on Tier 4
environmental benefits will be negligible, given that: (1) It only
applies to the small volume portion of the transition program, (2) the
total U.S. annual sales of specialized high-altitude equipment is, at
most, a few hundred, (3) much of this equipment operates for only a
part of the year, (4) the modification only applies in the first two
Tier 4 model years, and does not increase the overall exemption limit
of 700 over seven years.
J. Revision of 40 CFR 1054.101 To Clarify Prohibitions Related to
Handheld Small SI Engines Installed in Nonhandheld Equipment
The existing regulations related to emission standards for nonroad
spark-ignition engines below 19 kW specifically prohibit the sale of
nonhandheld equipment equipped with handheld engines. The regulations
in Sec. 1054.101 state that handheld engines may not be installed in
nonhandheld equipment, but the regulatory text does not state that this
is prohibited under Sec. 1068.101 or identify which penalty provisions
apply. In this rule we are adding a statement to Sec. 1054.101(e) to
describe how this action violates the prohibited acts identified in
Sec. 1068.101, consistent with the regulations under 40 CFR part 90.
K. Revision of 40 CFR 1042 Appendix II To Correct Time Weighting at
Mode for Engines Certifying to the E2 RMC Cycle
The existing regulations contain an error in the time at mode for
each steady-state point when certifying an engine to the E2 ramped
modal cycle (RMC). When the E2 RMC cycle was generated, the times at
mode were not correct based on the weighting of the discrete-mode
cycle. In this rule we are correcting the time at mode for all four
steady-state portions of the E2 RMC cycle to correspond with the mode
weighting for the discrete-mode test.
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and
is therefore not subject to review under the EO. EPA is taking direct
final action on several revisions to EPA's mobile source emission
programs standards and test procedures. This direct final rule merely
contains several minor and noncontroversial amendments to EPA's mobile
source emission programs as described in the Summary and Section IV.
Details of the Rule.
B. Paperwork Reduction Act
This action does not impose a new information collection burden
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq. Burden is defined at 5 CFR 1320.3(b). It merely contains several
minor and noncontroversial technical amendments to EPA's mobile source
emission programs as described in the Summary and Section IV. Details
of the Rule. Therefore, there are no new paperwork requirements
associated with this rule.
C. Regulatory Flexibility Act
For purposes of assessing the impacts of this final rule on small
entities, a small entity is defined as: (1) A small
[[Page 68455]]
business that meet the definition for business based on SBA size
standards at 13 CFR 121.201; (2) a small governmental jurisdiction that
is a government of a city, county, town, school district or special
district with a population of less than 50,000; and (3) a small
organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
After considering the economic impacts of today's final rule on
small entities, EPA has concluded that this action will not have a
significant economic impact on a substantial number of small entities.
This final rule will not impose any new requirements on small entities.
EPA has determined that it is not necessary to prepare a regulatory
flexibility analysis in connection with this direct final rule. It
merely contains several minor and noncontroversial technical amendments
to EPA's mobile source emission programs as described in the Summary
and Section IV. Details of the Rule. We have, therefore, concluded that
today's final rule will not affect the regulatory burden for small
entities and will not have a significant economic impact on a
substantial number of small entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for federal agencies to assess the
effects of their regulatory actions on state, local, and tribal
governments and the private sector. Under Section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``federal mandates'' that
may result in expenditures to state, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, Section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective, or least burdensome alternative
that achieves the objectives of the rule. The provisions of Section 205
do not apply when they are inconsistent with applicable law. Moreover,
Section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final rule an explanation of why such
an alternative was adopted.
Before EPA establishes any regulatory requirements that may
significantly or uniquely affect small governments, including tribal
governments, it must have developed under Section 203 of the UMRA a
small government agency plan. The plan must provide for notifying
potentially affected small governments, enabling officials of affected
small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
This rule contains no federal mandates for state, local, or tribal
governments as defined by the provisions of Title II of the UMRA. The
rule imposes no enforceable duties on any of these governmental
entities. Nothing in the rule would significantly or uniquely affect
small governments. EPA has determined that this rule contains no
federal mandates that may result in expenditures of more than $100
million to the private sector in any single year. It merely contains
several minor and noncontroversial technical amendments to EPA's mobile
source emission programs as described in the Summary and Section IV.
Details of the Rule. The requirements of UMRA, therefore, do not apply
to this action.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' are defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
Under Section 6 of Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the regulation. EPA also may not issue a regulation that has
federalism implications and that preempts State law, unless the Agency
consults with State and local officials early in the process of
developing the regulation.
Section 4 of the Executive Order contains additional requirements
for rules that preempt State or local law, even if those rules do not
have federalism implications (i.e., the rules will not have substantial
direct effects on the States, on the relationship between the national
government and the states, or on the distribution of power and
responsibilities among the various levels of government). Those
requirements include providing all affected State and local officials
notice and an opportunity for appropriate participation in the
development of the regulation. If the preemption is not based on
express or implied statutory authority, EPA also must consult, to the
extent practicable, with appropriate State and local officials
regarding the conflict between State law and Federally protected
interests within the agency's area of regulatory responsibility.
This rule does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. This direct final rule merely
contains several minor and noncontroversial technical amendments to
EPA's mobile source emission programs as described in the Summary and
Section IV. Details of the Rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (59 FR 22951, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes.''
This rule does not have tribal implications. It will not have
substantial direct effects on tribal governments, on the relationship
between the Federal government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175.
[[Page 68456]]
This rule does not uniquely affect the communities of Indian Tribal
Governments. Further, no circumstances specific to such communities
exist that would cause an impact on these communities beyond those
discussed in the other sections of this rule. This direct final rule
merely contains several minor and noncontroversial technical amendments
to EPA's mobile source emission programs as described in the Summary
and Section IV. Details of the Rule. Thus, Executive Order 13175 does
not apply to this rule.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that (1) is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, Section 5-501 of the Order directs the Agency to
evaluate the environmental health or safety effects of the planned rule
on children, and explain why the planned regulation is preferable to
other potentially effective and reasonably feasible alternatives
considered by the Agency.
This rule is not subject to the Executive Order because it is not
economically significant as defined in EO 12866, and because the Agency
does not have reason to believe the environmental health or safety
risks addressed by this action present a disproportionate risk to
children. This direct final rule merely contains several minor and
noncontroversial technical amendments to EPA's mobile source emission
programs as described in the Summary and Section IV. Details of the
Rule.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not a ``significant energy action'' as defined in
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) because it is not likely to have a significant
adverse effect on the supply, distribution or use of energy. This
direct final rule merely contains several and noncontroversial minor
technical amendments to EPA's mobile source emission programs as
described in the Summary and Section IV. Details of the Rule.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, Section 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in its
regulatory activities unless doing so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (such as materials specifications, test
methods, sampling procedures, and business practices) that are
developed or adopted by voluntary consensus standards bodies. NTTAA
directs EPA to provide Congress, through OMB, explanations when the
Agency decides not to use available and applicable voluntary consensus
standards.
This direct final rule does not involve technical standards. It
merely contains several minor and noncontroversial technical amendments
to EPA's mobile source emission programs as described in the Summary
and Section IV. Details of the Rule. Thus, we have determined that the
requirements of the NTTAA do not apply.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that this rule will not have disproportionately
high and adverse human health or environmental effects on minority or
low-income populations because it does not affect the level of
protection provided to human health or the environment. This direct
final rule merely contains several minor and noncontroversial technical
amendments to EPA's mobile source emission programs as described in the
Summary and Section IV. Details of the Rule.
K. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to Congress and the Comptroller General of the United
States. We will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States before publication of the
rule in the Federal Register. A major rule cannot take effect until 60
days after it is published in the Federal Register. This action is not
a ``major rule'' as defined by 5 U.S.C. 804(2). This direct final rule
is effective on January 7, 2011.
L. Statutory Authority
The statutory authority for this action comes from 42 U.S.C. 7401-
7671q and 33 U.S.C. 1901-1915.
List of Subjects
40 CFR Part 86
Environmental protection, Administrative practice and procedure,
Confidential business information, Labeling, Motor vehicle pollution,
Reporting and recordkeeping requirements.
40 CFR Part 1033
Environmental protection, Administrative practice and procedure,
Confidential business information, Incorporation by reference,
Labeling, Penalties, Railroads, Reporting and recordkeeping
requirements.
40 CFR Part 1039
Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Imports,
Incorporation by reference, Labeling, Penalties, Reporting and
recordkeeping requirements, Warranties.
40 CFR Part 1042
Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Imports,
Incorporation by reference, Labeling, Penalties, Vessels, Reporting and
recordkeeping requirements, Warranties.
40 CFR Part 1045
Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Imports,
Incorporation by reference, Labeling, Penalties, Reporting and
recordkeeping requirements, Warranties.
[[Page 68457]]
40 CFR Part 1054
Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Imports,
Labeling, Penalties, Reporting and recordkeeping requirements,
Warranties.
40 CFR Part 1065
Administrative practice and procedure, Air pollution control,
Reporting and recordkeeping requirements, Research.
Dated: October 29, 2010.
Lisa P. Jackson,
Administrator.
0
For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is amended as follows:
PART 86--CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES
AND ENGINES
0
1. The authority citation for part 86 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart N--[Amended]
0
2. Section 86.1370-2007 is amended revising paragraph (d) to read as
follows:
Sec. 86.1370-2007 Not-To-Exceed test procedures.
* * * * *
(d) Not-to-exceed control area limits. (1) When operated within the
Not-To-Exceed Control Area defined in paragraph (b) of this section,
diesel engine emissions shall not exceed the applicable Not-To-Exceed
Limits specified in Sec. 86.007-11(a)(4) when averaged over any time
period greater than or equal to 30 seconds, except where a longer
minimum averaging period is required by paragraph (d)(2) of this
section.
(2) For engines equipped with emission controls that include
discrete regeneration events and that send a recordable electronic
signal indicating the start and end of the regeneration event,
determine the minimum averaging period for each NTE event that includes
regeneration active operation as described in paragraph (d)(2)(i) of
this section. This minimum averaging period is used to determine
whether the individual NTE event is a valid NTE event. For engines
equipped with emission controls that include multiple discrete
regeneration events (e.g., de-soot, de-NOX, de-
SOX, etc.) and associated electronic signals, if an NTE
event includes regeneration active operation on multiple regeneration
signals, determine the minimum averaging period for each regeneration
signal according to paragraph (d)(2)(i) of this section and use the
longest period. This minimum averaging period applies if it is longer
than 30 seconds. The electronic signal from the engine's ECU must
indicate non-regeneration and regeneration operation. Regeneration
operation may be further divided into regeneration pending and
regeneration active operation. These are referred to as states 0, 1,
and 2 for non-regeneration, regeneration pending, and regeneration
active operation, respectively. No further subdivision of these states
are allowed for use in this paragraph (d)(2). Where the electronic
signal does not differentiate between regeneration pending and active
operation, take the regeneration signal to mean regeneration active
operation (state 2). A complete non-regeneration event is a time period
that occurs during the course of the shift-day that is bracketed by
regeneration operation, which is either regeneration active operation
(state 2) or regeneration pending operation (state 1). A complete
regeneration event is a time period that occurs during the course of
the shift-day that is bracketed before and after by non-regeneration
operation (state 0); a complete regeneration event includes any time in
the event where regeneration is pending (state 1). The following figure
provides an example of regeneration events during a shift-day:
BILLING CODE 6560-50-P
[[Page 68458]]
[GRAPHIC] [TIFF OMITTED] TR08NO10.021
BILLING CODE 6560-50-C
[[Page 68459]]
(i) Calculate the minimum averaging period, tNTE,min,
for each candidate NTE event as follows:
[GRAPHIC] [TIFF OMITTED] TR08NO10.023
Where:
i = an indexing variable that represents periods of time within the
candidate NTE event where the electronic signal indicates
regeneration active operation (state 2).
N = the number of periods of time within the candidate NTE event
where the electronic signal indicates regeneration active operation
(state 2).
t2,NTE,i = the duration of the i-th time period within
the candidate NTE event where the electronic signal indicates
regeneration active operation (state 2), in seconds.
RF = regeneration fraction over the course of the shift-day, as
determined in paragraph (d)(2)(ii) of this section.
(ii) Calculate the regeneration fraction, RF, over the course of a
shift-day as follows:
[GRAPHIC] [TIFF OMITTED] TR08NO10.024
Where:
i = an indexing variable that represents complete regeneration
events within the shift-day.
j = an indexing variable that represents periods of time within the
i-th complete regeneration event where the electronic signal
indicates regeneration active operation (state 2).
k = an indexing variable that represents complete non-regeneration
events within the shift-day.
N0 = the number of complete non-regeneration events
within the shift-day.
N12 = the number of complete regeneration events within
the shift-day.
N2,i = the number of periods of within the i[dash]th
complete regeneration event where the electronic signal indicates
regeneration active operation (state 2).
t0,k = the duration of the k-th complete non-regeneration
event within the shift-day, in seconds.
t12,i = the duration of the i-th complete regeneration
event within the shift-day, in seconds, including time in those
events where regeneration is pending (state 1).
t2,i,j = the duration of the j-th time period within the
i-th complete regeneration event where the electronic signal
indicates regeneration active operation (state 2), in seconds. Note
that this excludes time in each complete regeneration event where
regeneration is pending (state 1).
(iii) If either N0 or N12 are zero, then
RF cannot be calculated and all candidate NTE events that include
regeneration active operation are void.
(iv) Compare the minimum averaging period for the candidate NTE
event, tNTE,min, to the actual NTE duration,
tNTE. If tNTE < tNTE,min the
candidate NTE event is void. If tNTE >=
tNTE,min the candidate NTE event is valid. It can also
therefore be included in the overall determination of vehicle-pass
ratio according to Sec. 86.1912.
(v) You may choose to not void emission results for a candidate
NTE event even though we allow you to void the NTE event under
paragraph (d)(2)(iii) or (iv) of this section. If you choose this
option, you must include the results for all regulated pollutants
that were measured and validated during the NTE event for a given
NTE monitoring system.
(vi)(A) The following is an example of calculating the minimum
averaging period, tNTE,min, for a candidate NTE event.
See Figure 1 of this section for an illustration of the terms to
calculate the regeneration fraction, RF. For this example there are
three complete non-regeneration events and two complete regeneration
events in the shift-day.
N0 = 3
N12 = 2
(B) The duration of the three complete non-regeneration events
within the shift-day are:
t0,1 = 5424 s
t0,2 = 6676 s
t0,3 = 3079 s
(C) The sums of all the regeneration active periods in the two
complete regeneration events are:
[GRAPHIC] [TIFF OMITTED] TR08NO10.025
(D) The duration of each of the two complete regeneration events
within the shift-day are:
t12,1 = 8440 s
t12,2 = 3920 s
(E) The RF for this shift-day is:
[GRAPHIC] [TIFF OMITTED] TR08NO10.026
(F) For this example, consider a candidate NTE event where there
are two periods of regeneration active operation (state 2).
t2,NTE,1 = 37 s
t2,NTE,2 = 40 s
(G) The minimum averaging period for this candidate NTE event
is:
[GRAPHIC] [TIFF OMITTED] TR08NO10.027
tNTE,min = 320.0 s
* * * * *
Subpart T--[Amended]
0
3. Section 86.1901 is amended by revising paragraph (a) to read as
follows:
Sec. 86.1901 What testing requirements apply to my engines that have
gone into service?
(a) If you manufacture diesel heavy-duty engines above 8,500 lbs.
GVWR that are subject to engine-based exhaust emission standards under
this part, you must test them as described in this subpart. You must
measure all emissions listed in Sec. 86.1910(d) other than PM
beginning in calendar year 2005 and you must measure PM emissions
beginning in calendar year 2007. See Sec. 86.1930 for special
provisions that may apply to manufacturers in the early years of this
program.
* * * * *
0
4. Section 86.1905 is amended by revising paragraph (c)(2) to read as
follows:
Sec. 86.1905 How does this program work?
* * * * *
(c) * * *
(2) 2011 for PM testing.
* * * * *
0
5. Section 86.1910 is amended by revising paragraph (g) to read as
follows:
Sec. 86.1910 How must I prepare and test my in-use engines?
* * * * *
(g) Once an engine is set up for testing, test the engine for at
least one shift-day. To complete a shift-day's
[[Page 68460]]
worth of testing, start sampling at the beginning of a shift and
continue sampling for the whole shift, subject to the calibration
requirements of the portable emissions measurement systems. A shift-day
is the period of a normal workday for an individual employee. If the
first shift-day of testing does not involve at least 3 hours of
accumulated non-idle operation, repeat the testing for a second shift-
day and report the results from both days of testing. If the second
shift-day of testing also does not result in at least 3 hours of
accumulated non-idle operation, you may choose whether or not to
continue testing with that vehicle. If after two shift-days you
discontinue testing before accumulating 3 hours of non-idle operation
on either day, evaluate the valid NTE samples from both days of testing
as described in Sec. 86.1912 and include the data in the reporting and
record keeping requirements specified in Sec. Sec. 86.1920 and 1925.
Count the engine toward meeting your testing requirements under this
subpart and use the data for deciding whether additional engines must
be tested under the applicable Phase 1 or Phase 2 test plan.
* * * * *
0
6. Section 86.1912 is amended by revising paragraphs (a)(4)(xiii) and
(a)(5)(iv) to read as follows:
Sec. 86.1912 How do I determine whether an engine meets the vehicle-
pass criteria?
* * * * *
(a) * * *
(4) * * *
(xiii) PM: 0.006 grams per brake horsepower-hour.
(5) * * *
(iv) PM: 0.006 grams per brake horsepower-hour.
* * * * *
0
7. Section 86.1920 is amended by revising paragraph (b)(4)(xii)(E) to
read as follows:
Sec. 86.1920 What in-use testing information must I report to EPA?
* * * * *
(b) * * *
(4) * * *
(xii) * * *
(E) Emissions of THC, NMHC, CO, CO2 or O2,
and NOX (as appropriate). Report results for PM if it was
measured in a manner that provides one-hertz test data. Report results
for CH4 if it was measured and used to determine NMHC.
* * * * *
0
8. Section 86.1930 is amended as follows:
0
a. By revising the section heading.
0
b. By redesignating paragraph (b) as paragraph (c).
0
c. By revising paragraph (a).
0
d. By adding a new paragraph (b).
0
e. By revising the newly redesignated paragraph (c)(1)(iii).
Sec. 86.1930 What special provisions apply from 2005 through 2010?
(a) We may direct you to test engines under this subpart for
emissions other than PM in 2005 and 2006, and for PM emissions in 2007
through 2010. In those interim periods, all the provisions of this
subpart apply, except as specified in this paragraph (a). You may apply
the exceptions identified in this section for both years of the
applicable years for emissions other than PM. You may omit testing and
reporting in two of the four applicable years for PM emissions.
(1) We will select engine families for testing of emissions other
than PM only when the manufacturer's Statement of Compliance
specifically describes the family as being designed to comply with NTE
requirements.
(2) We will not direct you to do the Phase 2 testing in Sec.
86.1915(c), regardless of measured emission levels.
(3) For purposes of calculating the NTE thresholds under Sec.
86.1912(a) for any 2006 and earlier model year engine that is not
subject to the emission standards in Sec. 86.007-11, determine the
applicable NTE standards as follows:
(i) If any numerical NTE requirements specified in the terms of any
consent decree apply to the engine family, use those values as the NTE
standards for testing under this subpart.
(ii) If a numerical NTE requirement is not specified in a consent
decree for the engine family, the NTE standards are 1.25 times the
applicable FELs or the applicable emission standards specified in Sec.
86.004-11(a)(1) or Sec. 86.098-11(a)(1).
(4) In the report required in Sec. 86.1920(b), you must submit the
deficiencies and limited testing region reports (see Sec. Sec. 86.007-
11(a)(4)(iv) and 86.1370-2007(b)(6) and (7)) for 2006 and earlier model
year engines tested under this section.
(5) You must notify the Designated Compliance Officer by September
30, 2010 whether or not you will submit test reports for PM emissions
for each of the four years from 2007 through 2010. See 40 CFR 1068.30
for the contact information for the Designated Compliance Officer.
(6) You must submit reports by the deadlines specified in paragraph
(b) of this section.
(b) The following deadlines apply for reporting test results under
this subpart:
(1) You must complete all the required testing and reporting under
this subpart related to emissions other than PM by the following dates:
(i) November 30, 2007 for engine families that we designate for
testing in 2005.
(ii) November 30, 2008 for engine families that we designate for
testing in 2006.
(iii) November 30, 2009 for engine families that we designate for
testing in 2007.
(iv) March 31, 2010 for engine families we designate for testing in
2008.
(v) April 30, 2011 for engine families we designate for testing in
2009.
(2) You must complete all the required testing and reporting under
this subpart related to PM emissions by the following dates:
(i) May 31, 2010 for engine families that we designate for testing
in 2007.
(ii) September 30, 2010 for engine families we designate for
testing in 2008.
(iii) April 30, 2011 for engine families we designate for testing
in 2009.
(iv) November 30, 2011 for engine families we designate for testing
in 2009.
(c) * * *
(1) * * *
(iii) April 30, 2011 for engine families that we designate for non-
PM testing in 2009.
* * * * *
Sec. 86.1935--[Removed]
0
9. Section 86.1935 is removed.
PART 1033--CONTROL OF EMISSIONS FROM LOCOMOTIVES
0
10. The authority citation for part 1033 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart B--[Amended]
0
11. Section 1033.150 is amended by revising paragraph (e)(1) to read as
follows:
Sec. 1033.150 Interim provisions.
* * * * *
(e) * * *
(1) All of the engines on the switch locomotive must be covered by
a certificate of conformity issued under 40 CFR part 89 or 1039 for
model year 2008 or later (or earlier model years if the same standards
applied as in 2008). Engines over 750 hp certified to the Tier 4
standards for non-generator set engines are not eligible for this
allowance after 2014.
* * * * *
[[Page 68461]]
PART 1039--CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD
COMPRESSION-IGNITION ENGINES
0
12. The authority citation for part 1039 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart B--[Amended]
0
13. Section 1039.102 is amended by revising paragraph (e) to read as
follows:
Sec. 1039.102 What exhaust emission standards and phase-in allowances
apply for my engines in model year 2014 and earlier?
* * * * *
(e) Alternate NOX standards. For engines in 56-560 kW power
categories during the phase-in of Tier 4 standards, you may certify
engine families to the alternate NOX or NOX +
NMHC standards in this paragraph (e) instead of the phase-in and phase-
out NOX and NOX + NMHC standards described in
Tables 4 through 6 of this section. Engines certified to an alternate
NOX standard under this section must be certified to an NMHC
standard of 0.19 g/kW-hr. Do not include engine families certified
under this paragraph (e) in determining whether you comply with the
percentage phase-in requirements of paragraphs (c) and (d)(2) of this
section. Except for the provisions for alternate FEL caps in Sec.
1039.104(g), the NOX and NOX + NMHC standards and
FEL caps under this paragraph (e) are as follows:
(1) For engines in the 56-130 kW power category, apply the
following alternate NOX standards and FEL caps:
(i) If you use the provisions of paragraph (d)(1) of this section,
your alternate NOX standard for any engine family in the 56-
130 kW power category is 2.3 g/kW-hr for model years 2012 and 2013.
Engines certified to this standard may not exceed a NOX FEL
cap of 3.0 g/kW-hr.
(ii) If you use the provisions of paragraph (d)(2) of this section,
your alternate NOX standard for any engine family in the 56-
130 kW power category is 3.4 g/kW-hr for model years 2012 through 2014.
Engines below 75 kW certified to this standard may not exceed a
NOX FEL cap of 4.4 g/kW-hr; engines at or above 75 kW
certified to this standard may not exceed a NOX FEL cap of
3.8 g/kW-hr.
(iii) If you do not use the provisions of paragraph (d) of this
section, you may apply the alternate NOX standard and the
appropriate FEL cap from either paragraph (e)(1)(i) or (ii) of this
section.
(2) For engines in the 130-560 kW power category, the alternate
NOX standard is 2.0 g/kW-hr for model years 2011 through
2013. Engines certified to this standard may not exceed a
NOX FEL cap of 2.7 g/kW-hr.
(3) You use NOX + NMHC emission credits to certify an
engine family to the alternate NOX + NMHC standards in this
paragraph (e)(3) instead of the otherwise applicable alternate
NOX and NMHC standards. Calculate the alternate
NOX + NMHC standard by adding 0.1 g/kW-hr to the numerical
value of the applicable alternate NOX standard of paragraph
(e)(1) or (2) of this section. Engines certified to the NOX
+ NMHC standards of this paragraph (e)(3) may not generate emission
credits. The FEL caps for engine families certified under this
paragraph (e)(3) are the previously applicable NOX + NMHC
standards of 40 CFR 89.112 (generally the Tier 3 standards).
* * * * *
0
14. Section 1039.104 is amended by adding paragraph (g)(5) to read as
follows:
Sec. 1039.104 Are there interim provisions that apply only for a
limited time?
* * * * *
(g) * * *
(5) You may certify engines under this paragraph (g) without regard
to whether or not the engine family's FEL is at or below the otherwise
applicable FEL cap. For example, a 200 kW engine certified to the
NOX + NMHC standard of Sec. 1039.102(e)(3) with an FEL
equal to the FEL cap of 2.8 g/kW-hr may be certified under this
paragraph (g) and count toward the sales limit specified in paragraph
(g)(1) of this section.
* * * * *
Subpart G--[Amended]
0
15. Section 1039.625 is amended by adding paragraph (b)(2)(iii) read as
follows:
Sec. 1039.625 What requirements apply under the program for
equipment-manufacturer flexibility?
* * * * *
(b) * * *
(2) * * *
(iii) In each power category at or above 56 kW, you may apply the
provisions of paragraph (b)(2)(i) of this section in the first two
model years for which Tier 4 standards apply, regardless of the number
of engine families you use in your equipment, provided you exceed the
single engine family restriction of that paragraph primarily due to
production of equipment intended specifically to travel on snow and to
commonly operate at more than 9,000 feet above sea level. After the
first two Tier 4 model years in a power category, you may continue to
apply the provisions of paragraph (b)(2)(i) of this section, subject to
the single engine family restriction.
* * * * *
PART 1042--CONTROL OF EMISSIONS FROM NEW AND IN-USE MARINE
COMPRESSION-IGNITION ENGINES AND VESSELS
0
16. The authority citation for part 1042 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart J--[Amended]
0
17. Appendix II to part 1042 is amended by revising paragraph (c)(2) to
read as follows:
Appendix II to Part 1042--Steady-State Duty Cycles
* * * * *
(c) * * *
(2) The following duty cycle applies for ramped-modal testing:
----------------------------------------------------------------------------------------------------------------
Time in mode
RMC mode (seconds) Engine speed Torque (percent)1 2
----------------------------------------------------------------------------------------------------------------
1a Steady-state...................... 229 Engine Governed........ 100.
1b Transition........................ 20 Engine Governed........ Linear transition.
2a Steady-state...................... 166 Engine Governed........ 25.
2b Transition........................ 20 Engine Governed........ Linear transition.
3a Steady-state...................... 570 Engine Governed........ 75.
3b Transition........................ 20 Engine Governed........ Linear transition.
4a Steady-state...................... 175 Engine Governed........ 50.
----------------------------------------------------------------------------------------------------------------
\1\ The percent torque is relative to the maximum test torque as defined in 40 CFR part 1065.
\2\ Advance from one mode to the next within a 20-second transition phase. During the transition phase, command
a linear progression from the torque setting of the current mode to the torque setting of the next mode.
[[Page 68462]]
PART 1045--CONTROL OF EMISSIONS FROM SPARK-IGNITION PROPULSION
MARINE ENGINES AND VESSELS
0
18. The authority citation for part 1045 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart B--[Amended]
0
19. Section 1045.145 is amended by revising paragraph (a) introductory
text to read as follows:
Sec. 1045.145 Are there interim provisions that apply only for a
limited time?
* * * * *
(a) Small-volume engine manufacturers. Special provisions apply to
you for sterndrive/inboard engines if you are a small-volume engine
manufacturer subject to the requirements of this part. You may delay
complying with emission standards and other requirements that would
otherwise apply until the 2011 model year for conventional sterndrive/
inboard engines and until the 2013 model year for high-performance
engines. For an engine to be exempt under this paragraph (a), you must
contact us before January 1, 2011 or before you introduce such engines
into U.S. commerce, whichever comes first. Add a permanent label to a
readily visible part of each engine exempted under this paragraph (a).
This label must include at least the following items:
* * * * *
PART 1054--CONTROL OF EMISSIONS FROM NEW, SMALL NONROAD SPARK-
IGNITION ENGINES AND EQUIPMENT
0
20. The authority citation for part 1054 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart B--[Amended]
0
21. Section 1054.101 is amended by revising paragraph (e) to read as
follows:
Sec. 1054.101 What emission standards and requirements must my
engines meet?
* * * * *
(e) Relationship between handheld and nonhandheld engines. Any
engines certified to the nonhandheld emission standards in Sec.
1054.105 may be used in either handheld or nonhandheld equipment.
Engines above 80 cc certified to the handheld emission standards in
Sec. 1054.103 may not be used in nonhandheld equipment. 40 CFR
1068.101 prohibits the introduction into commerce or importation of
such nonhandheld equipment except as specified in this paragraph (e).
For purposes of the requirements of this part, engines at or below 80
cc are considered handheld engines, but may be installed in either
handheld or nonhandheld equipment. These engines are subject to
handheld exhaust emission standards; the equipment in which they are
installed are subject to handheld evaporative emission standards
starting with the model years specified in this part 1054. See Sec.
1054.701(c) for special provisions related to emission credits for
engine families with displacement at or below 80 cc where those engines
are installed in nonhandheld equipment.
* * * * *
PART 1065--ENGINE-TESTING PROCEDURES
0
22. The authority citation for part 1065 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart B--[Amended]
0
23. Section 1065.140 is amended by revising paragraphs (d) introductory
text and (d)(1) to read as follows:
Sec. 1065.140 Dilution for gaseous and PM constituents.
* * * * *
(d) Partial-flow dilution (PFD). You may dilute a partial flow of
raw or previously diluted exhaust before measuring emissions. Section
1065.240 describes PFD-related flow measurement instruments. PFD may
consist of constant or varying dilution ratios as described in
paragraphs (d)(2) and (3) of this section. An example of a constant
dilution ratio PFD is a ``secondary dilution PM'' measurement system.
(1) Applicability. (i) You may use PFD to extract a proportional
raw exhaust sample for any batch or continuous PM emission sampling
over any transient duty cycle, any steady-state duty cycle, or any
ramped-modal cycle.
(ii) You may use PFD to extract a proportional raw exhaust sample
for any batch or continuous gaseous emission sampling over any
transient duty cycle, any steady-state duty cycle, or any ramped-modal
cycle.
(iii) You may use PFD to extract a proportional raw exhaust sample
for any batch or continuous field-testing.
(iv) You may use PFD to extract a proportional diluted exhaust
sample from a CVS for any batch or continuous emission sampling.
(v) You may use PFD to extract a constant raw or diluted exhaust
sample for any continuous emission sampling.
(vi) You may use PFD to extract a constant raw or diluted exhaust
sample for any steady-state emission sampling.
* * * * *
0
24. Section 1065.260 is amended by revising paragraph (e) to read as
follows:
Sec. 1065.260 Flame-ionization detector.
* * * * *
(e) Methane. FID analyzers measure total hydrocarbons (THC). To
determine nonmethane hydrocarbons (NMHC), quantify methane,
CH4, either with a nonmethane cutter and a FID analyzer as
described in Sec. 1065.265, or with a gas chromatograph as described
in Sec. 1065.267. Instead of measuring methane, you may assume that 2%
of measured total hydrocarbon is methane, as described in Sec.
1065.650(c)(1)(vi). For a FID analyzer used to determine NMHC,
determine its response factor to methane, RFCH4, as
described in Sec. 1065.360. Note that NMHC-related calculations are
described in Sec. 1065.660.
0
25. Section 1065.290 is amended by revising paragraph (b) to read as
follows:
Sec. 1065.290 PM gravimetric balance.
* * * * *
(b) Component requirements. We recommend that you use a balance
that meets the specifications in Table 1 of Sec. 1065.205. Note that
your balance-based system must meet the linearity verification in Sec.
1065.307. If the balance uses internal calibration weights for routine
spanning and the weights do not meet the specifications in Sec.
1065.790, the weights must be verified independently with external
calibration weights meeting the requirements of Sec. 1065.790. While
you may also use an inertial balance to measure PM, as described in
Sec. 1065.295, use a reference procedure based on a gravimetric
balance for comparison with any proposed alternate measurement
procedure under Sec. 1065.10.
* * * * *
0
26. Section 1065.295 is amended by adding paragraphs (c) and (d) to
read as follows:
Sec. 1065.295 PM inertial balance for field-testing analysis.
* * * * *
(c) Loss correction. You may use PM loss corrections to account for
PM loss in the inertial balance, including the sample handling system.
(d) Deposition. You may use electrostatic deposition to collect PM
as long as its collection efficiency is at least 95%.
0
27. Section 1065.307 is amended by adding paragraph (d)(9) to read as
follows:
[[Page 68463]]
Sec. 1065.307 Linearity verification.
* * * * *
(d) * * *
(9) Mass. For linearity verification for gravimetric PM balances,
use external calibration weights that that meet the requirements in
Sec. 1065.790.
* * * * *
0
28. Section 1065.340 is amended by revising paragraph (e)(8) to read as
follows:
Sec. 1065.340 Diluted exhaust flow (CVS) calibration.
* * * * *
(e) * * *
(8) Repeat the steps in paragraphs (e)(6) and (7) of this section
to record data at a minimum of six restrictor positions ranging from
the wide open restrictor position to the minimum expected pressure at
the PDP inlet.
* * * * *
0
29. Section 1065.390 is amended by revising paragraph (c)(2) to read as
follows:
Sec. 1065.390 PM balance verifications and weighing process
verification.
* * * * *
(c) * * *
(2) You may use an automated procedure to verify balance
performance. For example many balances have internal calibration
weights that are used automatically to verify balance performance.
* * * * *
0
30. Section 1065.525 is amended by revising the section heading and
paragraphs (c)(3) and (d) and removing paragraph (e) to read as
follows:
Sec. 1065.525 Engine starting, restarting, and shutdown.
* * * * *
(c) * * *
(3) Void the entire test if the engine stalls at any time after
emission sampling begins, except as described in Sec. 1065.526. If you
do not void the entire test, you must void the individual test mode or
test interval in which the engine stalls.
* * * * *
(d) Shut down the engine according to the manufacturer's
specifications.
0
31. A new Sec. 1065.526 is added to read as follows:
Sec. 1065.526 Repeating void modes or test intervals.
(a) Test modes and test intervals can be voided because of
instrument malfunctions, engine stalling, or emissions exceeding
instrument ranges. This section specifies circumstances for which a
test mode or test interval can be repeated without repeating the entire
test.
(b) This section is intended to result in replicate test modes and
test intervals that are identical to what would have occurred if the
cause of the voiding had not occurred. It does not allow you to repeat
test modes or test intervals in any circumstances that would be
inconsistent with good engineering judgment. For example, the
procedures specified here for repeating a mode or interval may not
apply for certain engines that include hybrid energy storage features
or emission controls that involve physical or chemical storage of
pollutants. This section applies for circumstances in which emission
concentrations exceed the analyzer range only if it is due to operator
error or analyzer malfunction. It does not apply for circumstances in
which the emission concentrations exceed the range because they were
higher than expected.
(c) If one of the modes of a discrete-mode test is voided as
provided in this section, you may void the results for that individual
mode and continue the test as follows:
(1) If the engine has stalled or been shut down, restart the
engine.
(2) Use good engineering judgment to restart the test sequence
using the appropriate steps in Sec. 1065.530(b).
(3) Precondition the engine by operating it at the previous mode
for approximately the same amount of time it operated at that mode for
the previous emission measurement.
(4) Advance to the mode at which the test was interrupted and
continue with the duty cycle as specified in the standard-setting part.
(d) If a transient or ramped-modal cycle test interval is voided as
provided in this section, you may repeat the test interval as follows:
(1) Use good engineering judgment to restart (as applicable) and
precondition the engine and emission sampling system to the same
condition as would apply for normal testing. This may require you to
complete the voided test interval. For example, you may generally
repeat a hot-start test of a heavy-duty highway engine after completing
the voided hot-start test and allowing the engine to soak for 20
minutes.
(2) Complete the remainder of the test according to the provisions
in this subpart.
(e) Keep records from the voided test mode or test interval in the
same manner as required for unvoided tests, and include a description
of the reason for voiding the test mode or test interval.
0
32. Section 1065.550 is amended by revising paragraphs (b)(1)(ii),
(b)(2), and (b)(4) to read as follows:
Sec. 1065.550 Gas analyzer range validation, drift validation, and
drift correction.
* * * * *
(b) * * *
(1) * * *
(ii) For the entire duty cycle and for each measured exhaust
constituent, the difference between the uncorrected and corrected
composite brake-specific emission values over the entire duty cycle is
within 4% of the uncorrected value or the applicable
emission standard, whichever is greater. Note that for purposes of
drift validation using composite brake-specific emission values over
the entire duty cycle, leave unaltered any negative emission results
over a given test interval (i.e., do not set them to zero). A third
calculation of composite brake-specific emission values is required for
final reporting. This calculation uses drift-corrected mass (or mass
rate) values from each test interval and sets any negative mass (or
mass rate) values to zero before calculating the composite brake-
specific emission values over the entire duty cycle. This requirement
also applies for CO2, whether or not an emission standard
applies for CO2. Where no emission standard applies for
CO2, the difference must be within 4% of the
uncorrected value. See paragraph (b)(4) of this section for exhaust
constituents other than CO2 for which no emission standard
applies.
(2) For standards consisting of combined, individual measurements
of exhaust constituents (such as NOX + NMHC or separate NO
and NO2 measurements to comply with a NOX
standard), the duty cycle shall be validated for drift if you satisfy
one of the following:
(i) For each test interval of the duty cycle and for each
individually measured exhaust constituent (e.g. NO, NO2,
NOX, or NMHC), the difference between the uncorrected and
the corrected brake-specific emission values over the test interval is
within 4% of the uncorrected value; or
(ii) For each test interval of the duty cycle or for the entire
duty cycle the difference between the combined (e.g. NOX +
NMHC) uncorrected and combined (e.g. NOX + NMHC) corrected
composite brake-specific emissions values over each test interval of
the duty cycle or the entire duty cycle is within 4% of
the uncorrected value or the applicable emissions standard, whichever
is greater.
* * * * *
[[Page 68464]]
(4) The provisions of this paragraph (b)(4) apply for measurement
of pollutants other than CO2 for which no emission standard
applies (for purposes of this provision, standards consisting of
combined, individual measurements are considered to be standards for
each individual pollutant). You may use measurements that do not meet
the drift validation criteria specified in paragraph (b)(1). For
example, this allowance may be appropriate for measuring and reporting
very low concentrations of CH4 and N2O as long as
no emission standard applies for these compounds.
0
33. Section 1065.640 is amended by revising paragraph (c)(5) to read as
follows:
Sec. 1065.640 Flow meter calibration calculations.
* * * * *
(c) * * *
(5) The following example illustrates the use of the governing
equations to calculate the discharge coefficient, Cd, of an
SSV flow meter at one reference flow meter value. Note that calculating
Cd for a CFV flow meter would be similar, except that
Cf would be determined from Table 2 of this section or
calculated iteratively using values of [beta] and [gamma] as described
in paragraph (c)(2) of this section.
Example:
nref= 57.625 mol/s
Z = 1
Mmix = 28.7805 g/mol = 0.0287805 kg/mol
R = 8.314472 J/(mol[middot]K)
Tin = 298.15 K
At = 0.01824 m\2\
pin = 99132.0 Pa
[gamma] = 1.399
[beta] = 0.8
[Delta]p = 2.312 kPa
[GRAPHIC] [TIFF OMITTED] TR08NO10.028
[GRAPHIC] [TIFF OMITTED] TR08NO10.029
Cf = 0.274
[GRAPHIC] [TIFF OMITTED] TR08NO10.030
Cd = 0.982
* * * * *
0
34. Section 1065.642 is amended by revising paragraph (c) to read as
follows:
Sec. 1065.642 SSV, CFV, and PDP molar flow rate calculations.
* * * * *
(c) CFV molar flow rate. Some CFV flow meters consist of a single
venturi and some consist of multiple venturis, where different
combinations of venturis are used to meter different flow rates. If you
use multiple venturis and you calibrated each venturi independently to
determine a separate discharge coefficient, Cd, for each
venturi, calculate the individual molar flow rates through each venturi
and sum all their flow rates to determine n. If you use multiple
venturis and you calibrated each combination of venturis, calculate n
as using the sum of the active venturi throat areas as At,
the square root of the sum of the squares of the active venturi throat
diameters as dt, and the ratio of the venturi throat to
inlet diameters as the ratio of the square root of the sum of the
active venturi throat diameters, dt, to the diameter of the
common entrance to all of the venturis, D. To calculate the molar flow
rate through one venturi or one combination of venturis, use its
respective mean Cd and other constants you determined
according to Sec. 1065.640 and calculate its molar flow rate n during
an emission test, as follows:
[GRAPHIC] [TIFF OMITTED] TR08NO10.031
Example:
Cd = 0.985
Cf = 0.7219
At = 0.00456 m\2\
pin = 98836 Pa
Z = 1
Mmix = 28.7805 g/mol = 0.0287805 kg/mol
R = 8.314472 J/(mol\.\K)
Tin = 378.15 K
[GRAPHIC] [TIFF OMITTED] TR08NO10.032
n = 33.690 mol/s
0
35. Section 1065.660 is amended by revising the section heading and
paragraph (b)(2) to read as follows:
Sec. 1065.660 THC, NMHC, and CH4 determination.
* * * * *
(b) * * *
(2) For nonmethane cutters, calculate xNMHC using the
nonmethane cutter's penetration fractions (PF) of CH4 and
C2H6 from Sec. 1065.365, and using the HC
contamination and dry-to-wet corrected THC concentration
xTHC[THC-FID]cor as determined in paragraph (a) of this
section.
(i) Use the following equation for penetration fractions determined
using an NMC configuration as outlined in Sec. 1065.365(d):
[[Page 68465]]
[GRAPHIC] [TIFF OMITTED] TR08NO10.033
Where:
xNMHC = concentration of NMHC.
xTHC[THC-FID]cor = concentration of THC, HC contamination
and dry-to-wet corrected, as measured by the THC FID during sampling
while bypassing the NMC.
xTHC[NMC-FID]cor = concentration of THC, HC contamination
(optional) and dry-to-wet corrected, as measured by the NMC FID
during sampling through the NMC.
RFCH4[THC-FID] = response factor of THC FID to
CH4, according to Sec. 1065.360(d).
RFPFC2H6[NMC-FID] = nonmethane cutter combined ethane
response factor and penetration fraction, according to Sec.
1065.365(d).
Example:
xTHC[THC-FID]cor = 150.3 [mu]mol/mol
xTHC[NMC-FID]cor = 20.5 [mu]mol/mol
RFPFC2H6[NMC-FID] = 0.019
RFCH4[THC-FID] = 1.05
[GRAPHIC] [TIFF OMITTED] TR08NO10.034
xNMHC = 131.4 [mu]mol/mol
(ii) For penetration fractions determined using an NMC
configuration as outlined in section Sec. 1065.365(e), use the
following equation:
[GRAPHIC] [TIFF OMITTED] TR08NO10.035
Where:
xNMHC = concentration of NMHC.
xTHC[THC-FID]cor = concentration of THC, HC contamination
and dry-to-wet corrected, as measured by the THC FID during sampling
while bypassing the NMC.
PFCH4[NMC-FID] = nonmethane cutter CH4
penetration fraction, according to Sec. 1065.365(e).
xTHC[NMC-FID]cor = concentration of THC, HC contamination
(optional) and dry-to-wet corrected, as measured by the THC FID
during sampling through the NMC.
PFC2H6[NMC-FID] = nonmethane cutter ethane penetration
fraction, according to Sec. 1065.365(e).
Example:
xTHC[THC-FID]cor = 150.3 [mu]mol/mol
PFCH4[NMC-FID] = 0.990
xTHC[NMC-FID]cor = 20.5 [mu]mol/mol
PFC2H6[NMC-FID] = 0.020
[GRAPHIC] [TIFF OMITTED] TR08NO10.036
xNMHC = 132.3 [mu]mol/mol
(iii) For penetration fractions determined using an NMC
configuration as outlined in section Sec. 1065.365(f), use the
following equation:
[GRAPHIC] [TIFF OMITTED] TR08NO10.037
Where:
xNMHC = concentration of NMHC.
xTHC[THC-FID]cor = concentration of THC, HC contamination
and dry-to-wet corrected, as measured by the THC FID during sampling
while bypassing the NMC.
PFCH4[NMC-FID] = nonmethane cutter CH4
penetration fraction, according to Sec. 1065.365(f).
xTHC[NMC-FID]cor = concentration of THC, HC contamination
(optional) and dry-to-wet corrected, as measured by the THC FID
during sampling through the NMC.
RFPFC2H6[NMC-FID] = nonmethane cutter CH4
combined ethane response factor and penetration fraction, according
to Sec. 1065.365(f).
RFCH4[THC-FID] = response factor of THC FID to
CH4, according to Sec. 1065.360(d).
Example:
xTHC[THC-FID]cor = 150.3 [micro]mol/mol
PFCH4[NMC-FID] = 0.990
xTHC[NMC-FID]cor = 20.5 [micro]mol/mol
RFPFC2H6[NMC-FID] = 0.019
RFCH4[THC-FID] = 0.980
[GRAPHIC] [TIFF OMITTED] TR08NO10.038
xNMHC = 132.5 [micro]mol/mol
* * * * *
0
36. Section 1065.750 is amended by revising paragraph (a)(3)(xi) to
read as follows:
Sec. 1065.750 Analytical gases.
* * * * *
(a) * * *
(3) * * *
(xi) N2O, balance purified synthetic air and/or
N2 (as applicable).
* * * * *
0
37. Section 1065.905 is amended by revising paragraphs (c)(6), (d)(2),
and Table 1 to read as follows:
Sec. 1065.905 General provisions.
* * * * *
(c) * * *
(6) What are the limits on ambient conditions for field testing?
Note that the ambient condition limits in Sec. 1065.520 do not apply
for field testing. Field testing may occur at any ambient temperature,
pressure, and humidity unless otherwise specified in the standard-
setting part.
* * * * *
(d) * * *
(2) Use equipment specifications in Sec. 1065.101 and in the
sections from Sec. 1065.140 to the end of subpart B of this part, with
the exception of Sec. 1065.140(e)(1) and (4), Sec.
1065.170(c)(1)(vi), and Sec. 1065.195(c). Section 1065.910 identifies
additional equipment that is specific to field testing.
(i) For PM samples, configure dilution systems as follows:
[[Page 68466]]
(A) Use good engineering judgment to control diluent (i.e.,
dilution air) temperature. If you choose to directly and actively
control diluent temperature, set the temperature to 25 [deg]C.
(B) Control sample temperature to a (32 to 62) [deg]C tolerance, as
measured anywhere within 20 cm upstream or downstream of the PM storage
media (such as a filter or oscillating crystal), where the tolerance
applies only during sampling.
(C) Maintain filter face velocity to a (5 to 100) cm/s tolerance
for flow-through media. Compliance with this provision can be verified
by engineering analysis. This provision does not apply for non-flow-
through media.
(ii) For inertial PM balances, there is no requirement to control
the stabilization environment temperature or dewpoint.
* * * * *
Table 1 of Sec. 1065.905--Summary of Testing Requirements Specified Outside of This Subpart J
----------------------------------------------------------------------------------------------------------------
Applicability for
laboratory or similar Applicability for
Subpart Applicability for field testing with PEMS laboratory or similar
testing \1\ without restriction testing with PEMS with
\1\ restrictions \1\
----------------------------------------------------------------------------------------------------------------
A: Applicability and general Use all.................... Use all............... Use all.
provisions.
B: Equipment for testing........... Use Sec. 1065.101 and Use all............... Use all. Sec.
Sec. 1065.140 through 1065.910 specifies
the end of subpart B, equipment specific to
except Sec. laboratory testing
1065.140(e)(1) and (4), with PEMS.
Sec. 1065.170(c)(1)(vi),
and Sec. 1065.195(c).
Sec. 1065.910 specifies
equipment specific to
field testing.
C: Measurement instruments......... Use all. Sec. 1065.915 Use all except Sec. Use all except Sec.
allows deviations. 1065.295(c). 1065.295(c). Sec.
1065.915 allows
deviations.
D: Calibrations and verifications.. Use all except Sec. Use all............... Use all. Sec.
1065.308 and Sec. 1065.920 allows
1065.309. Sec. 1065.920 deviations, but also
allows deviations, but has additional
also has additional specifications.
specifications.
E: Test engine selection, Do not use. Use standard- Use all............... Use all.
maintenance, and durability. setting part.
F: Running an emission test in the Use Sec. Sec. 1065.590 Use all............... Use all.
laboratory. and 1065.595 for PM Sec.
1065.930 and Sec.
1065.935 to start and run
a field test.
G: Calculations and data Use all. Sec. 1065.940 Use all............... Use all. Sec.
requirements. has additional calculation 1065.940 has
instructions. additional
calculation
instructions.
H: Fuels, engine fluids, analytical Use all.................... Use all............... Use all.
gases, and other calibration
materials.
I: Testing with oxygenated fuels... Use all.................... Use all............... Use all.
K: Definitions and reference Use all.................... Use all............... Use all.
materials.
----------------------------------------------------------------------------------------------------------------
\1\ Refer to paragraphs (d) and (e) of this section for complete specifications.
0
38. Section 1065.915 is amended by revising paragraphs (a), (d)(5)
introductory text, and (d)(5)(iv), and adding paragraph (d)(5)(v), to
read as follows:
Sec. 1065.915 PEMS instruments.
(a) Instrument specifications. We recommend that you use PEMS that
meet the specifications of subpart C of this part. For unrestricted use
of PEMS in a laboratory or similar environment, use a PEMS that meets
the same specifications as each lab instrument it replaces. For field
testing or for testing with PEMS in a laboratory or similar
environment, under the provisions of Sec. 1065.905(b), the
specifications in the following table apply instead of the
specifications in Table 1 of Sec. 1065.205:
Table 1 of Sec. 1065.915--Recommended Minimum PEMS Measurement Instrument Performance
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rise time, t10 90,
Measurement Measured quantity and Fall time, Recording update Accuracy \1\ Repeatability Noise \1\
symbol t90 10 frequency \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Engine speed transducer....... fn................ 1 s............... 1 Hz means....... 5.0% of pt. or 2.0% of pt. or 0.5% of max.
1.0% of max. 1.0% of max.
Engine torque estimator, BSFC T or BSFC......... 1 s............... 1 Hz means....... 8.0% of pt. or 2.0% of pt. or 1.0% of max.
(This is a signal from an 5% of max. 1.0% of max.
engine's ECM).
General pressure transducer p................. 5 s............... 1 Hz............. 5.0% of pt. or 2.0% of pt. or 1.0% of max.
(not a part of another 5.0% of max. 0.5% of max.
instrument).
Atmospheric pressure meter.... patmos............ 50 s.............. 0.1 Hz........... 250 Pa.......... 200 Pa.......... 100 Pa.
[[Page 68467]]
General temperature sensor T................. 5 s............... 1 Hz............. 1.0% of pt. K or 0.5% of pt. K or 0.5% of max 0.5 K.
(not a part of another 5 K. 2 K.
instrument).
General dewpoint sensor....... Tdew.............. 50 s.............. 0.1 Hz........... 3 K............. 1 K............. 1 K.
Exhaust flow meter............ n................. 1 s............... 1 Hz means....... 5.0% of pt. or 2.0% of pt...... 2.0% of max.
3.0% of max.
Dilution air, inlet air, n................. 1 s............... 1 Hz means....... 2.5% of pt. or 1.25% of pt. or 1.0% of max.
exhaust, and sample flow 1.5% of max. 0.75% of max.
meters.
Continuous gas analyzer....... x................. 5 s............... 1 Hz............. 4.0% of pt. or 2.0% of pt. or 1.0% of max.
4.0% of meas. 2.0% of meas.
Gravimetric PM balance........ mPM............... N/A............... N/A.............. See Sec. 0.5 [mu]g....... N/A.
1065.790.
Inertial PM balance........... mPM............... N/A............... N/A.............. 4.0% of pt. or 2.0% of pt. or 1.0% of max.
4.0% of meas. 2.0% of meas.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Accuracy, repeatability, and noise are all determined with the same collected data, as described in Sec. 1065.305, and based on absolute values.
``pt.'' refers to the overall flow-weighted mean value expected at the standard; ``max.'' refers to the peak value expected at the standard over any
test interval, not the maximum of the instrument's range; ``meas'' refers to the actual flow-weighted mean measured over any test interval.
* * * * *
(d) * * *
(5) ECM signals for determining brake-specific emissions. You may
use any combination of ECM signals, with or without other measurements,
to estimate engine speed, torque, brake-specific fuel consumption
(BSFC, in units of mass of fuel per kW-hr), and fuel rate for use in
brake-specific emission calculations. We recommend that the overall
performance of any speed, torque, or BSFC estimator should meet the
performance specifications in Table 1 of this section. We recommend
using one of the following methods:
* * * * *
(iv) ECM fuel rate. Use the fuel rate signal directly from the ECM
and chemical balance to determine the molar flow rate of exhaust. Use
Sec. 1065.655(d) to determine the carbon mass fraction of fuel. You
may alternatively develop and use your own combination of ECM signals
to determine fuel mass flow rate.
(v) Other ECM signals. You may ask to use other ECM signals for
determining brake-specific emissions, such as ECM air flow. We must
approve the use of such signals in advance.
* * * * *
0
39. Section 1065.920 is amended by revising the section heading and
paragraph (a) to read as follows:
Sec. 1065.920 PEMS calibrations and verifications.
(a) Subsystem calibrations and verifications. Use all the
applicable calibrations and verifications in subpart D of this part,
including the linearity verifications in Sec. 1065.307, to calibrate
and verify PEMS. Note that a PEMS does not have to meet the system-
response and updating-recording verifications of Sec. 1065.308 and
Sec. 1065.309 if it meets the overall verification described in
paragraph (b) of this section. This section does not apply to ECM
signals.
* * * * *
0
40. Section 1065.925 is amended by revising paragraph (h) introductory
text to read as follows:
Sec. 1065.925 PEMS preparation for field testing.
* * * * *
(h) Verify the amount of contamination in the PEMS HC sampling
system before the start of the field test as follows:
* * * * *
0
41. Section 1065.940 is revised to read as follows:
Sec. 1065.940 Emission calculations.
(a) Perform emission calculations as described in Sec. 1065.650 to
calculate brake-specific emissions for each test interval using any
applicable information and instructions in the standard-setting part.
(b) You may use a fixed molar mass for the diluted exhaust mixture
for field testing. Determine this fixed value by engineering analysis.
[FR Doc. 2010-27892 Filed 11-5-10; 8:45 am]
BILLING CODE 6560-50-P