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ENVIRONMENTAL PROTECTION mid-1990s. This final rule will require the Air Docket, EPA/DC, EPA West, AGENCY manufacturers to install OBD systems Room B102, 1301 Constitution Ave., that monitor the functioning of emission NW., Washington, DC. The Public 40 CFR Part 86, 89, 90, 1027, 1033, control components and alert the Reading Room is open from 8:30 a.m. to 1042, 1048, 1054, 1060, 1065, and 1068 vehicle operator to any detected need 4:30 p.m., Monday through Friday, [EPA–HQ–OAR–2005–0047; FRL–8750–3] for emission related repair. This final excluding legal holidays. The telephone rule will also require that manufacturers number for the Air Docket is (202) 566– RIN 2060–AL92 make available to the service and repair 1742. industry information necessary to Control of Air Pollution From New FOR FURTHER INFORMATION CONTACT: perform repair and maintenance service Motor Vehicles and New Motor Vehicle Todd Sherwood, U.S. EPA, National on OBD systems and other emission Engines; Regulations Requiring Vehicle and Fuel Emissions Laboratory, related engine components. Lastly, this Onboard Diagnostic Systems on 2010 Assessment and Standards Division, final rule revises certain existing OBD and Later Heavy-Duty Engines Used in 2000 Traverwood Drive, Ann Arbor, MI requirements for diesel engines used in Highway Applications Over 14,000 48105; telephone (734) 214–4405, fax heavy-duty vehicles under 14,000 Pounds; Revisions to Onboard (734) 214–4816, e-mail pounds. Diagnostic Requirements for Diesel [email protected]. Highway Heavy-Duty Vehicles Under DATES: This rule is effective on April 27, SUPPLEMENTARY INFORMATION: 14,000 Pounds 2009. The incorporation by reference of certain publications listed in this Regulated Entities AGENCY: Environmental Protection regulation is approved by the Director of Agency (EPA). This action will affect you if you the Federal Register as of April 27, 2009. produce or import new heavy-duty ACTION: Final rule. ADDRESSES: EPA has established a engines which are intended for use in SUMMARY: In 2001, EPA finalized a new, docket for this action under Docket ID highway vehicles such as trucks and major program for highway heavy-duty No. EPA–HQ–OAR–2005–0047. All buses, or produce or import such engines. That program, the Clean Diesel documents in the docket are listed in highway vehicles, or convert heavy-duty Trucks and Buses program, will result the http://www.regulations.gov index. vehicles or heavy-duty engines used in in the introduction of advanced Although listed in the index, some highway vehicles to use alternative emissions control systems such as information is not publicly available, fuels. catalyzed diesel particulate filters (DPF) e.g., Confidential Business Information The following table gives some and catalysts capable of reducing (CBI) or other information whose examples of entities that may have to harmful nitrogen oxide (NOX) disclosure is restricted by statute. follow the regulations. But because emissions. This final rule will require Certain other material, such as these are only examples, you should that these advanced emissions control copyrighted material, will be publicly carefully examine the regulations in 40 systems be monitored for malfunctions available only in hard copy. Publicly CFR part 86. If you have questions, call via an onboard diagnostic system (OBD), available docket materials are available the person listed in the FOR FURTHER similar to those systems that have been either electronically in http:// INFORMATION CONTACT section of this required on passenger cars since the www.regulations.gov or in hard copy at preamble:

NAICS Category SIC codes b Examples of potentially regulated entities codes a

Industry ...... 336111 3711 Motor Vehicle Manufacturers; Engine and Truck Manufacturers. 336112 336120 Industry ...... 811112 7533 Commercial Importers of Vehicles and Vehicle Components. 811198 7549 541514 8742 Industry ...... 336111 3592 Alternative fuel vehicle converters. 336312 3714 422720 5172 454312 5984 811198 7549 541514 8742 541690 8931 a North American Industry Classification Systems (NAICS). b Standard Industrial Classification (SIC) system code.

Outline of This Preamble 3. OBD Requirements for Diesel Heavy- 2. Emissions Control of Highway Engines Duty Vehicles and Engines Used in and Vehicles Depends on Properly I. Overview Vehicles Under 14,000 Pounds Operating Emissions Control Systems A. Background 4. Technical Amendments for Other 3. Basis for Action Under the Clean Air Act B. What Is EPA Requiring? Programs 4. The Importance of a Nationwide HDOBD 1. OBD Requirements for Engines Used in C. Why Is EPA Promulgating These Program Highway Vehicles Over 14,000 Pounds Requirements? 5. Worldwide Harmonized OBD (WWH– GVWR 1. Highway Engines and Vehicles OBD) II. How Have the Proposed OBD 2. Requirements That Service Information Contribute to Serious Air Pollution Requirements Changed for This Final be Made Available Problems Rule and When Will They be Implemented?

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A. General OBD System Requirements B. What Provisions are Being Finalized for G. Executive Order 13045: Protection of 1. The OBD System Service Information Availability? Children From Environmental Health 2. Malfunction Indicator Light (MIL) and 1. What Information is the OEM Required and Safety Risks Diagnostic Trouble Codes (DTC) To Make Available? H. Executive Order 13211: Actions That 3. Monitoring Conditions 2. What are the Requirements for Web- Significantly Affect Energy Supply, 4. Determining the Proper OBD Based Delivery of the Required Distribution, or Use Malfunction Criteria Information? I. National Technology Transfer 5. Demonstrating Compliance With CARB 3. What are the Requirements for Service Advancement Act Requirements Information for Third Party Information J. Executive Order 12898: Federal Actions 6. Temporary Provisions To Address Providers? To Address Environmental Justice in Hardship Due To Unusual 4. What are the Requirements for the Minority Populations and Low-Income Circumstances Availability of Training Information? Populations B. Monitoring Requirements and Timelines 5. What are the Requirements for K. Congressional Review Act for Diesel-Fueled/Compression-Ignition Recalibration of Vehicles? X. Statutory Provisions and Legal Authority Engines 6. What are the Requirements for the I. Overview 1. Fuel System Monitoring Availability of Enhanced Information for 2. Engine Misfire Monitoring Scan Tools for Equipment and Tool A. Background 3. Exhaust Gas Recirculation (EGR) System Companies? Monitoring 7. What are the Requirements for the Section 202(m) of the CAA, 42 U.S.C. 4. Turbo Boost Control System Monitoring Availability of OEM-Specific Diagnostic 7521(m), directs EPA to promulgate 5. Non-Methane Hydrocarbon (NMHC) Scan Tools and Other Special Tools? regulations requiring 1994 and later Converting Catalyst Monitoring 8. Which Reference Materials are Being model year light-duty vehicles (LDVs) 6. Selective Catalytic Reduction (SCR) and Incorporated by Reference? and light-duty trucks (LDTs) to contain Lean NOX Catalyst Monitoring IV. What are the Emissions Reductions an OBD system that monitors emission- 7. NOX Adsorber System Monitoring Associated with the OBD Requirements? related components for malfunctions or 8. Diesel Particulate Filter (DPF) System V. What are the Costs Associated With the deterioration ‘‘which could cause or Monitoring OBD Requirements? result in failure of the vehicles to 9. Exhaust Gas Sensor Monitoring A. Variable Costs for Engines Used in C. Monitoring Requirements and Timelines Vehicles Over 14,000 Pounds comply with emission standards for Gasoline/Spark-Ignition Engines B. Fixed Costs for Engines Used in established’’ for such vehicles. Section D. Monitoring Requirements and Timelines Vehicles Over 14,000 Pounds 202(m) also states that, ‘‘The for Other Diesel and Gasoline Systems C. Total Costs for Engines Used in Vehicles Administrator may, in the 1. Variable Valve Timing and/or Control Over 14,000 Pounds Administrator’s discretion, promulgate (VVT) System Monitoring D. Costs for Diesel Heavy-Duty Vehicles regulations requiring manufacturers to 2. Engine Cooling System Monitoring and Engines Used in Heavy-Duty install such onboard diagnostic systems 3. Crankcase Ventilation System Vehicles Under 14,000 Pounds on heavy-duty vehicles and engines.’’ Monitoring VI. What are the Updated Annual Costs and On February 19, 1993, we published 4. Comprehensive Component Monitors Costs per Ton Associated With the 2007/ a final rule requiring manufacturers of 5. Other Emissions Control System 2010 Heavy-Duty Highway Program? light-duty applications to install such Monitoring A. Updated 2007 Heavy-Duty Highway 6. Exceptions to Monitoring Requirements Rule Costs Including OBD OBD systems on their vehicles E. A Standardized Method To Measure B. Updated 2007 Heavy-Duty Highway beginning with the 1994 model year (58 Real World Monitoring Performance Rule Costs per Ton Including OBD FR 9468). The OBD systems must 1. Description of Software Counters To VII. How Have the Proposed Requirements monitor emission control components Track Real World Performance for Engine Manufacturers Changed for for any malfunction or deterioration that 2. Performance Tracking Requirements This Final Rule? could cause emissions to exceed certain F. Standardization Requirements A. Documentation Requirements emission thresholds. The regulation also 1. Reference Documents B. Catalyst Aging Procedures required that the driver be notified of 2. Diagnostic Connector Requirements C. Demonstration Testing any need for repair via a dashboard 3. Communications to a Scan Tool 1. Selection of Test Engines 4. Required Emissions Related Functions 2. Required Testing light, or malfunction indicator light 5. In-Use Performance Ratio Tracking 3. Testing Protocol (MIL), when the diagnostic system Requirements 4. Evaluation Protocol detected a problem. We also allowed 6. Exceptions to Standardization 5. Confirmatory Testing optional compliance with California’s Requirements D. Deficiencies second phase OBD requirements, G. Implementation Schedule, In-Use E. Production Evaluation Testing referred to as OBDII (13 CCR 1968.1), for Liability, and In-Use Enforcement 1. Verification of Standardization purposes of satisfying the EPA OBD 1. Implementation Schedule and In-Use Requirements requirements. Since publishing the 1993 Liability Provisions 2. Verification of Monitoring Requirements OBD final rule, EPA has made several 2. In-Use Enforcement 3. Verification of In-Use Monitoring H. Changes to the Existing 8,500 to 14,000 Performance Ratios revisions to the OBD requirements, most Pound Diesel OBD Requirements VIII. What are the Issues Concerning of which served to align the EPA OBD 1. NOX Aftertreatment Monitoring Inspection and Maintenance Programs? requirements with revisions to the 2. Diesel Particulate Filter System IX. Statutory and Executive Order Reviews California OBDII requirements (13 CCR Monitoring A. Executive Order 12866: Regulatory 1968.2). 3. NMHC Converting Catalyst Monitoring Planning and Review On August 9, 1995, EPA published a 4. Other Monitors B. Paperwork Reduction Act final rulemaking that set forth service 5. CARB OBDII Compliance Option and C. Regulatory Flexibility Act (RFA), as information regulations for light-duty Deficiencies Amended by the Small Business vehicles and light-duty trucks (60 FR III. How Have the Service Information Regulatory Enforcement Fairness Act of 40474). These regulations, in part, Availability Requirements Changed for 1996 (SBREFA), 5 U.S.C. 601 et seq. This Final Rule? D. Unfunded Mandates Reform Act required each Original Equipment A. What is the Important Background E. Executive Order 13132: Federalism Manufacturer (OEM) to do the Information for the Provision Being F. Executive Order 13175: Consultation following: (1) List all of its emission- Finalized for Service Information and Coordination With Indian Tribal related service and repair information Availability? Governments on a Web site called FedWorld

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(including the cost of each item and 14,000 pounds (72 FR 3200). Today’s electronic controls for both engine and where it could be purchased); (2) either action finalizes those proposed powertrain management, and for provide enhanced information to requirements. Today’s action also emission control. In fact, the heavy-duty equipment and tool companies or make requires new availability requirements industry has already gone a long way, its OEM-specific diagnostic tool for emission-related service information, absent any government regulation, to available for purchase by aftermarket also proposed in the January 24, 2007 standardize computer communication technicians, and (3) make action, that will make this information protocols.2 Computer and electronic reprogramming capability available to more widely available to the industry control systems, as opposed to independent service and repair servicing vehicles over 14,000 pounds. mechanical systems, provide professionals if its franchised improvements in many areas including, dealerships had such capability. These B. What Is EPA Requiring? but not limited to, improved precision requirements are intended to ensure that 1. OBD Requirements for Engines Used and control, reduced weight, and lower aftermarket service and repair facilities in Highway Vehicles Over 14,000 cost. However, electronic and computer have access to the same emission- Pounds GVWR controls also create increased difficulty in diagnosing and repairing the related service information, in the same We believe that OBD requirements malfunctions that inevitably occur in or similar manner, as that provided by should be extended to include over any engine or powertrain system. OEMs to their franchised dealerships. 14,000 pound heavy-duty vehicles and Today’s OBD requirements will build on These service information availability engines for many reasons. In the past, the efforts already undertaken by the requirements have been revised since heavy-duty diesel engines have relied industry to ensure that key emissions that first final rule in response to primarily on in-cylinder modifications related components will be monitored changing technology among other to meet emission standards. For in future heavy-duty vehicles and reasons. (68 FR 38428) example, emission standards have been In October of 2000, we published a engines and that the diagnosis and met through changes in fuel timing, final rule requiring OBD systems on repair of those components will be as piston design, combustion chamber heavy-duty vehicles and engines up to efficient and cost effective as possible. design, charge air cooling, use of four 14,000 pounds GVWR (65 FR 59896). In Lastly, heavy-duty engines and, in valves per cylinder rather than two that rule, we expressed our intention of particular, diesel engines tend to have valves, and piston ring pack design and developing OBD requirements in a very long useful lives. With age comes location improvements. In contrast, the future rule for vehicles and engines deterioration and a tendency toward 2004 and 2007 emission standards used in vehicles over 14,000 pounds. increasing emissions. With the OBD represent a different sort of We expressed this same intention in our systems we are requiring, we expect that technological challenge that are being 2007HD highway final rule (66 FR 5002) these engines will continue to be met with the addition of exhaust gas which established new heavy-duty properly maintained and therefore will recirculation (EGR) systems and the highway emissions standards for 2007 continue to emit at low emissions levels addition of exhaust aftertreatment and later model year engines. In June of even after accumulating hundreds of devices such as diesel particulate filters 2003, we published a final rule thousands and even a million miles. (DPF), sometimes called PM traps, and extending service information For the reasons laid out above, most NO catalysts. Such ‘‘add on’’ devices availability requirements to heavy-duty X manufacturers of vehicles, trucks, and can experience deterioration and vehicles and engines weighing up to engines have incorporated some type of malfunction that, unlike the engine 14,000 pounds GVWR. We declined OBD system into their products that are design elements listed earlier, may go extending these requirements to engines capable of identifying when certain unnoticed by the driver. Because above 14,000 pounds GVWR at least types of malfunctions occur, and in deterioration and malfunction of these until such engines are subject to OBD what systems. In the heavy-duty devices can go unnoticed by the driver, requirements. industry, those OBD systems On January 18, 2001, EPA established and because their primary purpose is traditionally have been geared toward a comprehensive national control emissions control, and because the level detecting malfunctions causing program—the Clean Diesel Truck and of emission control is on the order of 50 drivability and/or fuel economy related Bus program—that regulates the heavy- to 99 percent, some form of diagnosis problems. Without specific duty vehicle and its fuel as a single and malfunction detection is crucial. requirements for manufacturers to system. (66 FR 5002) As part of this We believe that such detection can be include OBD mechanisms to detect program, new emission standards will effectively achieved by employing a emission-related problems, those types begin to take effect in model year 2007 well designed OBD system. of malfunctions that could result in high The same is true for gasoline heavy- and will apply to heavy-duty highway emissions without a corresponding duty vehicles and engines. While engines and vehicles. These standards adverse drivability or fuel economy emission control is managed with both are based on the use of high-efficiency impact could go unnoticed by both the engine design elements and catalytic exhaust emission control driver and the repair technician. The aftertreatment devices, the catalytic devices or comparably effective resulting increase in emissions and converter is the primary emission advanced technologies. Because these detrimental impact on air quality could control feature accounting for over 95 devices are damaged by sulfur, the percent of the emission control. We 2 regulation also requires the level of See ‘‘On-Board Diagnostics, A Heavy Duty believe that monitoring the emission Perspective,’’ SAE 951947; ‘‘Recommended Practice sulfur in highway diesel fuel be reduced control system for proper operation is for a Serial Control and Communications Vehicle by 97 percent.1 Network,’’ SAE J1939 which may be obtained from On January 24, 2007, we proposed critical to ensure that new vehicles and Society of Automotive Engineers International, 400 new OBD requirements for highway engines certified to the very low Commonwealth Dr., Warrendale, PA, 15096–0001; engines used in vehicles greater than emission standards set in recent years and ‘‘Road Vehicles-Diagnostics on Controller Area continue to meet those standards Network (CAN)—Part 4: Requirements for emission- related systems,’’ ISO 15765–4:2001 which may be 1 Note that the 2007HD highway rule contained throughout their full useful life. obtained from the International Organization for new emissions standards for gasoline engines as Further, the industry trend is clearly Standardization, Case Postale 56, CH–1211 Geneva well as diesel engines. toward increasing use of computer and 20, Switzerland.

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be avoided by incorporating an OBD adjustments or corrections to the exhaust emission levels. We have also system capable of detecting emission regulations we adopted on October 8, established more stringent standards for control system malfunctions. 2008 (73 FR 59034) and on June 30, heavy-duty gasoline vehicles, based in 2008 (73 FR 37096). See the part on the use of the low sulfur 2. Requirements That Service memorandum in the docket entitled gasoline that will be available when the Information Be Made Available ‘‘Technical Amendments to EPA standards go into effect. We are requiring that makers of Regulations’’ for a description of these engines that go into vehicles over 14,000 changes.3 2. Emissions Control of Highway pounds make available to any person Engines and Vehicles Depends on engaged in repair or service all C. Why Is EPA Promulgating These Properly Operating Emissions Control information necessary to make use of Requirements? Systems the OBD systems and for making 1. Highway Engines and Vehicles The emissions reductions and emission-related repairs, including any Contribute to Serious Air Pollution resulting health and welfare benefits of emissions-related information that is Problems the 2007HD highway program will be provided by the OEM to franchised The pollution emitted by heavy-duty dramatic when fully implemented. By dealers. This information includes, but highway engines contributes greatly to 2030, the program will reduce annual is not limited to, manuals, technical our nation’s continuing air quality emissions of nitrogen oxides, service bulletins (TSBs), a general problems. Our 2007HD highway rule nonmethane hydrocarbons, and description of the operation of each was designed to address these serious particulate matter by a projected 2.6 OBD monitor, etc. We discuss the new air quality problems. These problems million, 115,000 and 109,000 tons, requirements further in section III of include premature mortality, respectively. However, to realize those this preamble. aggravation of respiratory and large emission reductions and health The new requirements are similar to cardiovascular disease, aggravation of benefits, the emission control systems those required currently for all 1996 and existing asthma, acute respiratory on heavy-duty highway engines and newer light-duty vehicles and light-duty symptoms, chronic bronchitis, and vehicles must continue to provide the trucks and 2005 and newer heavy-duty decreased lung function. Numerous 90 to 95 percent emission control applications up to 14,000 pounds. See studies also link diesel exhaust to effectiveness throughout their operating section III for a complete discussion of increased incidence of lung cancer. We life. Today’s OBD requirements, in the new service information provisions. believe that exposure to diesel exhaust conjunction with/support of EPA’s Note that information for making is likely to be carcinogenic to humans existing compliance programs, will help emission-related repairs does not by inhalation and that this cancer to ensure that emission control systems include information used to design and hazard exists for occupational and continue to operate properly by manufacture parts, but it may include environmental levels of exposure. detecting when those systems OEM changes to internal calibrations Our 2007HD highway rule regulates malfunction, by then notifying the and other indirect information, as the heavy-duty vehicle and its fuel as a driver that a problem exists that requires discussed in section III. single system. As part of this program, service and, lastly, by informing the 3. OBD Requirements for Diesel Heavy- new emission standards began to take service technician what the problem is Duty Vehicles and Engines Used in effect in model year 2007 and are so that it can be properly repaired. Vehicles Under 14,000 Pounds phased-in through model year 2010, and will apply to heavy-duty highway 3. Basis for Action Under the Clean Air We are also making some changes to engines and vehicles. These standards Act the existing diesel OBD requirements for are based on the use of high-efficiency Section 202(m) of the CAA, 42 U.S.C. heavy-duty applications under 14,000 catalytic exhaust emission control pounds (i.e., 8,500 to 14,000 pounds). 7521(m), directs EPA to promulgate devices or comparably effective regulations requiring 1994 and later Some of these changes are being made advanced technologies and a cap on the for immediate implementation to relax model year light-duty vehicles (LDVs) allowable sulfur content in both diesel and light-duty trucks (LDTs) to contain some of the requirements that we fuel and gasoline. currently have in place for 8,500 to an OBD system that monitors emission- In the 2007HD highway final rule, we related components for malfunctions or 14,000 pound applications that cannot estimated that, by 2007, heavy-duty be met by diesels without granting deterioration ‘‘which could cause or trucks and buses would account for result in failure of the vehicles to widespread deficiencies to industry. about 28 percent of nitrogen oxides Other changes are being made for the comply with emission standards emissions and 20 percent of particulate established’’ for such vehicles. Section 2010 and later model years since they matter emissions from mobile sources. represent an increase in the stringency 202(m) also states that, ‘‘The In some urban areas, the contribution is Administrator may, in the of our current OBD requirements and, even greater. The 2007HD highway therefore, some leadtime is necessary for Administrator’s discretion, promulgate program will reduce particulate matter regulations requiring manufacturers to manufacturers to comply. All of the and oxides of nitrogen emissions from changes being made for 8,500 to 14,000 install such onboard diagnostic systems heavy-duty engines by 90 percent and on heavy-duty vehicles and engines.’’ pound diesel applications will result in 95 percent below current standard Section 202(m)(5) of the CAA states OBD emissions thresholds identical, for levels, respectively. In order to meet that the Administrator shall require all practical purposes, to the OBD these more stringent standards for diesel manufacturers to, ‘‘provide promptly to thresholds for over 14,000 pound engines, the program calls for a 97 any person engaged in the repairing or applications. percent reduction in the sulfur content servicing of motor vehicles or motor of diesel fuel. As a result, diesel 4. Technical Amendments for Other vehicle engines * * * with any and all vehicles will achieve gasoline-like Programs information needed to make use of the We are finalizing a variety of 3 See Document ID No. EPA–HQ–OAR–2005– emission control diagnostics system technical amendments in this final rule. 0047–0057. Also see Document ID No. EPA–HQ– prescribed under this subsection and Most of these changes involve minor OAR–2005–0047–0058. such other information including

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instructions for making emission related the WWH–OBD requirements, but were In general, the remainder of this diagnosis and repairs.’’ not identical. At industry’s request, we preamble—in particular, sections II.B have patterned both our proposal and 4. The Importance of a Nationwide through II.H—presents the changes final rule after the California regulation. HDOBD Program made to the final OBD requirements Note that we have an obligation to one relative to the proposed OBD In 2005, the California Air Resources day propose the gtr for consideration as requirements. As such, we do not restate Board put into place HDOBD a U.S. regulation, and it is our details of the proposed requirements 4 requirements. More recently, we expectation that working together with unless it is necessary to do so for clarity. granted a waiver from federal industry and other stakeholders we will Of interest to readers when comparing preemption to the State of California determine the appropriate process and the final OBD regulatory text to the that allows them to implement the requirements to incorporate the WWH– proposed OBD regulatory text is that we HDOBD program (73 FR 52042). Given OBD requirements into our regulatory have moved all of the requirements for the nature of the heavy-duty trucking structure. over 14,000 pound OBD into § 86.010– industry in the United States and the 18. Where certain requirements are not importance of the free and open II. How Have the Proposed OBD applicable until 2013 or 2016, etc., the movement of goods across state borders, Requirements Been Changed for This we believe that a consistent nationwide Final Rule and When Will They Be regulatory text in § 86.010–18 makes HDOBD program is a desirable outcome. Implemented? that clear. In our proposal, we had We have worked closely with California The following subsections describe separated out the requirements for on our proposal and with both how we have changed the proposed model year 2013 into § 86.013–18 and California and industry stakeholders on OBD monitoring requirements in this those for 2016 into § 86.016–18 and this final rule, in an effort to develop a final rule. We also describe the those for 2019 into § 86.019–18. This consistent set of HDOBD requirements. timelines for their implementation. The created some confusion and we decided As a result, the program we are requirements are indicative of our goal that it would be easier to read the finalizing today is consistent with the for the program which is a set of OBD regulations if we restructured things California program in almost all monitors that provide robust diagnosis such that all the requirements appear in important aspects. We believe that, of the emission control system. Our one section. We have done so in the while minor differences exist in the intention is to provide industry final rule and have placed all requirements we are promulgating today sufficient time and experience with requirements for over 14,000 pound and the California requirements, we will satisfying the demands of the OBD OBD in § 86.010–18. This is also true for end up with OBD systems that will be program. While their engines already OBD requirements on heavy-duty compliant with both our federal incorporate OBD systems, those systems engines under 14,000 pounds where we program and the California program. are generally less comprehensive and do have moved proposed provisions for Promulgating and implementing this not monitor the emission control system model years 2010 through 2012 and final rule is an important step in our in the ways we are requiring. 2013 and later from proposed efforts working with the California Air Additionally, the OBD requirements §§ 86.010–17 and 86.013–17, Resources Board to develop a consistent represent a new set of technological respectively to final § 86.007–17 with national program. requirements and a new set of appropriate mention of when certification requirements for the requirements apply to specific model 5. Worldwide Harmonized OBD (WWH– industry in addition to the 2007HD years. The same holds true for proposed OBD) highway program and the challenging §§ 86.1806–07, 86.1806–10, and The Worldwide Harmonized OBD emission standards for PM and NOX and 86.1806–13, for OBD systems on under effort (WWH–OBD) is part of the United other pollutants to be implemented in 14,000 pound vehicles, where all final Nations Economic Commission for 2010. As a result, we believe the OBD requirements can be found in Europe. We discussed this effort in monitoring requirements and timelines § 86.1806–05 with appropriate mention detail in our proposal. In line with what outlined in this section appropriately of when requirements apply to specific we said in our proposal, while the weigh the need for OBD monitors on the model years. WWH–OBD global technical regulation emission control system and the need to The remainder of Section II below (gtr) is consistent with many of the gain experience with not only those highlights the changes made to our specific requirements of our final rule, monitors but also the newly or recently proposed requirements relative to the it is not currently as comprehensive added emission control hardware. (e.g., it does not contain the same level The changes we have made to the final rule. The reader is directed to the of detail with respect to certification proposed requirements are the result of more detailed discussion that follows requirements and enforcement comments received on our proposal and and/or is found in our Summary and provisions). For that reason, at this time, meetings with stakeholders held in the Analysis of Comments document we do not believe that the gtr could time between proposal and final rule. contained in the docket. However, Table fully replace what is in our final rule. The changes are also the result of our II–1 provides a brief summary of the It is important to note that California collaboration with CARB staff. For a changes made although this tabular had HDOBD requirements in place prior detailed summary and analysis of the summary is not meant to provide a to the WWH–OBD gtr being adopted as comments we received, and the thorough explanation of each change. a final document. The California rationale behind the changes made for For a thorough explanation, refer to the HDOBD requirements were analogous to this final rule, refer to the Summary and more detailed discussion below and/or Analysis document contained in the the Summary and Analysis of 4 See 13 CCR 1971.1. docket for this rule. Comments.

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TABLE II–1—SUMMARY OF CHANGES IN THE FINAL REGULATIONS RELATIVE TO THE PROPOSED REGULATIONS [Please refer to the text for acronym definitions]

Discussed in preamble Change section Regulatory cite

Restructuring—§§ 86.013–18, 86.016–18, 86.019–18 have been moved into § 86.010–18 with II Introduction ...... All >14,000 pound appropriate date qualifiers. OBD text now in § 86.010–18. Allow EPA to certify systems demonstrated to comply with CARB HDOBD (13 CCR 1971.1) .. II.A.5 ...... § 86.010–18(a)(5). Changed MIL location requirement to read ‘‘primary driver’s side’’ rather than ‘‘driver’s side’’ * ...... § 86.010–18(b)(1)(i). to accommodate vehicles with both left and right side steering. Slight change to erasure of pending DTC upon storage of MIL-on DTC ...... II.A.2 ...... § 86.010–18(b)(2)(ii). Change to the permanent DTC erasure provisions ...... II.F.4 ...... § 86.010– 18(b)(3)(iii)(A)–(D). Minor revisions, for clarity, to the general provisions governing monitoring conditions ...... * ...... § 86.010–18(c)(3). Added clarifying text to general provisions governing in-use performance tracking ...... * ...... § 86.010–18(d). Revision to trip definition, in the context of rate based monitoring, for denominator incre- II.E.1 ...... § 86.010– menting on diesel engines. 18(d)(4)(ii)(B). Change to idle definition in specifications for incrementing the denominator (from vehicle II.E.2 ...... § 86.010– speed ≤1 mph to ‘‘engine speed less than or equal to 200 rpm above normal warmed up 18(d)(4)(ii)(C). idle or vehicle speed ≤1 mph’’). Added text stating that monitors must run over test that gives the most robust monitor rather II.A.4 ...... § 86.010–18(f)(1)(i). than most stringent monitor. Added text to identify in certification documentation which test cycle would provide the most * ...... § 86.010–18(f)(1)(ii). stringent and/or the most robust monitor. Added text stating that OBD-specific IRAFs need not be included in OBD threshold deter- II.A.4 ...... § 86.010–18(f)(2). minations. Revision to NOX malfunction thresholds for NOX catalyst systems and NOX sensors (2010– II.B.6; II.B.7; II.B.9 § 86.010–18(g), Table 2012 only). (and shown in Table 1. II.B–1. Added provision to diesel fuel system pressure, timing, and quantity malfunction criteria al- II.B.1 ...... § 86.010– lowing unit injector systems to conduct functional checks during model years 2010 to 2012. 18(g)(1)(ii)(A)–(C). Added new paragraph allowing diesel unit injector systems to combine into one malfunction II.B.1 ...... § 86.010– the three separate malfunction criteria of pressure, timing, and quantity. 18(g)(1)(ii)(D). Minor changes to diesel fuel system monitoring conditions consistent with changes to mal- II.B.1 ...... § 86.010– function criteria. 18(g)(1)(iii)(A) & (B). Diesel engine misfire malfunction criteria for multiple continuous misfire changed from ‘‘more II.B.2 ...... § 86.010– than one cylinder’’ to ‘‘more than one or more than one but less than half (if approved)’’. 18(g)(2)(ii)(A). Minor change to diesel EGR monitoring conditions (i.e., a change to the proposed monitoring II.B.3 ...... § 86.010– conditions) which allows for temporary disables of ‘‘continuous monitoring’’. 18(g)(3)(iii)(D). Diesel turbo boost malfunction criteria changed to note ‘‘for engines so equipped’’ where ap- II.B.4 ...... § 86.010– propriate. 18(g)(4)(ii)(A)–(C). Added a new diesel turbo boost monitoring condition that allows for temporary disables of II.B.4 ...... § 86.010– ‘‘continuous monitoring’’. 18(g)(4)(iii)(D). Removed text noting that NMHC conversion over a DPF is required under paragraph (g)(8) II.B.8 ...... § 86.010–18(g)(5)(i). and added clarifying text that monitoring of NMHC conversion over a DPF is not required. Removal of malfunction thresholds from diesel NMHC catalyst malfunction criteria ...... II.B.5 ...... § 86.010– 18(g)(5)(ii)(A). Added ‘‘delta temperature within time period’’ provision to diesel NMHC aftertreatment assist- II.B.5 ...... § 86.010– ance malfunction criteria. 18(g)(5)(ii)(B). Removal of proper feedgas generation malfunction criteria for diesel NMHC catalysts ...... II.B.5 ...... § 86.010– 18(g)(5)(ii)(B). Added provision to forego monitoring of diesel NMHC catalysts located downstream of a DPF II.B.5 ...... § 86.010– provided their malfunction will not result in failure of the NMHC emission standard. 18(g)(5)(ii)(B). Change to the DPF malfunction criteria—addition of an optional malfunction criteria for DPF II.B.8 ...... § 86.010– filtering performance for model years 2010 to 2012. 18(g)(8)(ii)(A). Change to the DPF malfunction criteria—removal of NMHC conversion monitoring ...... II.B.8 ...... § 86.010– 18(g)(8)(ii)(D)**. Added new monitoring conditions applicable to those systems using the optional DPF mal- II.B.8 ...... § 86.010–18(g)(8)(iii). function criteria of § 86.010–18(g)(8)(ii)(A). Added provision that allows Administrator to approve limited misfire monitor disablement for II.C ...... § 86.010– gasoline engines. 18(h)(2)(iii)(D). Added provision that allows misfire monitor disables for gasoline engines with >8 cylinders .... II.C ...... § 86.010– 18(h)(2)(iii)(E). Added phrase allowing lower thermostat regulating temperature requirement for ambient tem- II.D.2 ...... § 86.010–18(i)(1)(ii)(A). peratures between 20–50 degrees F. Added phrase ‘‘With Administrator approval’’ to the provision allowing alternative thermostat * ...... § 86.010–18(i)(1)(ii)(B). malfunction criteria. Change to the comprehensive component monitoring requirements such that components II.D.4 ...... § 86.010–18(i)(3)(i)(A). must be monitored if their malfunction can cause emissions to exceed standards rather than affect emissions during any reasonable driving condition. Change to diesel engine glow plug malfunction criteria for 2010–2012 ...... II.D.4 ...... § 86.010– 18(i)(3)(iii)(D). Added provision stating that monitoring of wait-to-start lamp and MIL circuit is not required for II.A.2 ...... § 86.010– systems using light-emitting diodes versus incandescent bulbs. 18(i)(3)(iii)(E).

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TABLE II–1—SUMMARY OF CHANGES IN THE FINAL REGULATIONS RELATIVE TO THE PROPOSED REGULATIONS— Continued [Please refer to the text for acronym definitions]

Discussed in preamble Change section Regulatory cite

Removed introductory text to the standardization requirements (done to provide greater clar- * ...... § 86.010–18(k)(1). ity). Removal of SAE J2534 from the OBD section (it remains in the Service Information Avail- * ...... § 86.010– ability requirements of § 86.010–38(j)). 18(k)(1)(i)(H)**. Added text allowing the Administrator to approve alternative DLC locations ...... II.F.2 ...... § 86.010–18(k)(2)(i). Added text allowing data link signals to report an error state or other predefined status indi- * ...... § 86.010–18(k)(4)(ii). cator if they are defined for those signals in the SAE J1979/J1939 specifications. Added the phrase ‘‘to the extent possible’’ to the provision to use separate DTCs for out-of- * ...... § 86.010– range and circuit checks. 18(k)(4)(iv)(B). Added provision to allow for multiple CAL IDs with Administrator approval provided CAL IDs II.F.4 ...... § 86.010–18(k)(4)(vi). response is in order of highest to lowest priority. Added provision to require multiple CVNs if using multiple CAL IDs as allowed under newly II.F.4 ...... § 86.010– added provision in (k)(4)(vi). 18(k)(4)(vii)(A). Added provision allowing, for 2010–2012, a default value for the CVN for systems that are * ...... § 86.010– not field programmable. 18(k)(4)(vii)(A). Revised CVN calculation requirement from ‘‘once per drive cycle’’ to ‘‘once per ignition cycle’’ * ...... § 86.010– 18(k)(4)(vii)(C). Change to idle definition in engine run-time tracking (from vehicle speed ≤1 mph to ‘‘engine II.F.4; II.F.5 ...... § 86.010–18(k)(6)(i)(B). speed less than or equal to 200 rpm above normal warmed-up idle or vehicle speed ≤1 mph’’). Added new certification demonstration provisions for systems using the optional DPF moni- * ...... § 86.010–18(l)(3)(i)(H). toring provisions. Added new documentation provisions for systems meeting § 86.010–18 with a system de- II.A.5 ...... § 86.010–18(m)(3). signed to CARB 13 CCR 1971.1. Added a provision that allows Administrator to approve alternative engine ratings as parent II.G.1 ...... § 86.010–18(o)(1)(i). ratings in 2010–2012. Added a provision that allows Administrator to approve alternative engine ratings as parent II.G.1 ...... § 86.010– ratings in 2010–2012. 18(o)(2)(ii)(B). Added text to make clear that for all engine ratings in years 2019+, the certification emissions * ...... § 86.010–18(p)(4)(i). thresholds apply in-use (provides clarification, no change to original intent). Revised 2007–2009 and 2010–2012 engine certification NOX thresholds from FEL+0.5 to Table II.H–2 ...... § 86.007–17(b) & FEL+0.6 (for 8500–14K pound diesel engines). § 86.007–30(f). Added definition of ‘‘engine and engine system’’ applicable to OBD ...... * ...... § 86.010–2. Moved definition of ‘‘OBD group’’ from § 86.013–2 to § 86.010–2 ...... * ...... § 86.010–2. Added ‘‘delta temperature within time period’’ provision to NMHC malfunction description for II.H.3 ...... § 86.007–17(b) & engine certifications. § 86.007–30(f). Removed 2010–2012 & 2013+ engine certification NMHC thresholds for DPFs (8500–14K Table II.H–2 ...... § 86.007–17(b) & pound diesel engines). § 86.007–30(f). Change to the DPF malfunction criteria—addition of an optional malfunction criteria for DPF II.H.2 ...... § 86.007–17(b) & filtering performance. § 86.007–30(f). § 86.013–17 moved to § 86.007–17 with appropriate date qualifiers (8500–14K pound diesel II.A ...... § 86.007–17(b). engines; no content change, just formatting). § 86.013–30 moved to § 86.007–30 with appropriate date qualifiers (8500–14K pound diesel II.A ...... § 86.007–30(f). engines; no content change, just formatting). Revised 2007–2009 vehicle certification NOX thresholds from 3x to 4x the standard (8500– Table II.H–2 ...... § 86.1806–05(n) & (o). 14K pound diesel vehicles). Revised 2010–2012 vehicle certification NOX thresholds for NOX catalysts and NOX sensors Table II.H–2 ...... § 86.1806–05(n) & (o). from +0.3 to +0.6 (8500–14K pound diesel vehicles). Added ‘‘delta temperature within time period’’ provision to NMHC malfunction description for II.H.3 ...... § 86.1806–05(n) & (o). vehicle certifications. Removed 2010–2012 & 2013+ vehicle certification NMHC thresholds for DPFs (8500–14K Table II.H–2 ...... § 86.1806–05(n) & (o). pound diesel vehicles). Added the phrase ‘‘and superseding sections’’ to the provision for optional chassis certifi- * ...... § 86.1863–07. cation of diesel vehicles. * Items not discussed in the preamble since we consider them to be very minor. ** This is the applicable citation for the proposed regulatory text, but this paragraph contains different text (due to renumbering) or has been removed in the final regulatory text.

A. General OBD System Requirements on age and/or mileage of the vehicle or otherwise designed so that an OBD during the actual life of the engine. This system deactivates based on age and/or 1. The OBD System requirement does not alter existing law mileage of the engine. The OBD system must be designed to and enforcement practice regarding a In addition, computer coded engine operate for the actual life of the engine manufacturer’s liability for an engine operating parameters cannot be in which it is installed. Further, the beyond its regulatory useful life, except changeable without the use of OBD system cannot be programmed or where an engine has been programmed specialized tools and procedures (e.g. otherwise designed to deactivate based soldered or potted computer

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components or sealed (or soldered) Upon illumination of the MIL, a (ISO) engine symbol shown in Table computer enclosures). Upon diagnostic trouble code (DTC) must be II.A–1 because this symbol has become Administrator approval, certain product stored in the engine’s computer that accepted after more than 10 years of lines may be exempted from this identifies the detected malfunction. light-duty OBD as a communicator of requirement if those product lines can This DTC can then be read by a service engine and emissions system related be shown to not need such protections. technician to assist in making the problems. We are also requiring that In making the approval decision, the necessary repair. there be only one MIL used to indicate Administrator will consider such things Because the MIL is meant to inform all malfunctions detected by the OBD as the current availability of the driver of a detected malfunction, we system on a single vehicle. We believe performance chips, performance are requiring that the MIL be located on this is important to avoid confusion capability of the engine, and sales the driver’s side instrument panel and over multiple lights and, potentially, volume. be of sufficient illumination and multiple interpretations of those lights. location to be readily visible under all Generally, a manufacturer would be 2. Malfunction Indicator Light (MIL) lighting conditions. We are requiring allowed sufficient time to be certain that and Diagnostic Trouble Codes (DTC) that the MIL be amber (yellow) in color a malfunction truly exists before Consistent with our proposal, the when illuminated because yellow is illuminating the MIL. No one benefits if final rule requires that upon detecting a synonymous with the notion of a the MIL illuminates spuriously when a malfunction within the emission control ‘‘cautionary warning’’; the use of red for real malfunction does not exist. Thus, system,5 the OBD system must make the MIL will be strictly prohibited for most OBD monitoring strategies, some indication to the driver so that the because red signifies ‘‘danger’’ which is manufacturers will not be required to driver can take action to get the problem not the proper message for malfunctions illuminate the MIL until a malfunction repaired. A dashboard malfunction detected according to today’s rule. clearly exists which will be considered indicator light (MIL) must be Further, we are requiring that, when to be the case when the same problem illuminated to inform the driver that a illuminated, the MIL display the has occurred on two sequential driving problem exists that needs attention. International Standards Organization cycles.6

To keep this clear in the onboard When a problem is first detected, we determines to be the most effective computer, we are requiring that the OBD are requiring that a ‘‘pending’’ DTC be approach. Consistent with the proposal, system make certain distinctions stored. If, during the subsequent drive the final rule does not stipulate which between the problems it has detected, cycle that contains operation satisfying communication protocol be used. Upon and that the system maintain a strict the enable criteria for the given monitor, storage of the MIL-on DTC, the MIL logic for diagnostic trouble code (DTC) a problem in the components/system is must be illuminated.10 Also at this time, storage/erasure and for MIL not again detected, the OBD system a ‘‘permanent’’ DTC would be stored illumination/extinguishment. Whenever would declare that a malfunction does (see section II.F.4 for more details the enable criteria for a given monitor not exist and would, therefore, erase the regarding permanent DTCs).11 are met, we would expect that monitor pending DTC. However, if, during the As we proposed, we are requiring to run. For continuous monitors, this subsequent drive cycle that contains that, after three subsequent drive cycles would be during essentially all engine operation satisfying the enable criteria that contain operation satisfying the operation.7 For non-continuous for the given monitor, a problem in the enable criteria for the given monitor monitors, it would be during only a component/system is again detected, a without any recurrence of the subset of engine operation.8 In general, malfunction has been confirmed and, previously detected malfunction, the we are requiring that non-continuous hence, a ‘‘confirmed’’ or ‘‘MIL-on’’ DTC MIL should be extinguished (unless monitors make a diagnostic decision would be stored.9 Upon storage of a there are other MIL-on DTCs stored for just once per drive cycle that contains MIL-on DTC, the pending DTC would which the MIL must also be operation satisfying the enable criteria either remain stored or be erased, illuminated), the permanent DTC for the given monitor. depending on what the manufacturer should be erased, but a ‘‘previous-MIL-

5 What constitutes a ‘‘malfunction’’ for over purposes, the signal of the component may instead illumination during engine operation unless stated 14,000 pound applications under today’s action is be evaluated each time sampling occurs. otherwise. This contrasts with the MIL illumination covered in section II.B for diesel engines, section 8 A ‘‘non-continuous’’ monitor being a monitor logic used by many engine manufacturers today by II.C for gasoline engines, and section II.D for all that runs only when a limited set of operating which the MIL would illuminate upon detection of engines. conditions occurs. a malfunction but would remain illuminated only 6 Generally, a ‘‘driving cycle’’ or ‘‘drive cycle’’ 9 Different industry standards organizations—the while the malfunction was actually occurring. consists of engine startup and engine shutoff or Society of Automotive Engineers (SAE) and the Under this latter logic, an intermittent malfunction consists of four hours of continuous engine International Standards Organization (ISO)—use or one that occurs under only limited operating operation. different terminology to refer to a ‘‘MIL-on’’ DTC. conditions may result in a MIL that illuminates, 7 A ‘‘continuous’’ monitor—if used in the context For clarity, we use the term ‘‘MIL-on’’ DTC extinguishes, illuminates, etc., as operating of monitoring conditions for circuit continuity, lack throughout this preamble to convey the concept and conditions change. of circuit continuity, circuit faults, and out-of-range not any requirement that standard making bodies 11 A permanent DTC must be stored in a manner values—means sampling at a rate no less than two use the term in their standards. such that electrical disconnections do not result in samples per second. If a computer input component 10 Throughout this final rule, we refer to MIL their erasure (i.e., they must be stored in non- is sampled less frequently for engine control illumination to mean a steady, continuous volatile random access memory (NVRAM)).

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on’’ DTC should remain stored.12 We are freeze frame stored in conjunction with DTC on the first trip and, since the requiring that the previous-MIL-on DTC any pending or MIL-on DTC should be system would then be stuck in that remain stored for 40 engine warmup erased upon erasure of the DTC. Further abnormal operating mode and would cycles after which time, provided the information concerning the freeze frame never be able to run the diagnostic identified malfunction has not been requirement and the data required in the again, the pending DTC could never detected again and the MIL is presently freeze frame is presented in section mature to a MIL-on DTC nor illuminate not illuminated for that malfunction, the II.F.4, below. the MIL. Hence, the MIL must previous-MIL-on DTC can be erased.13 As proposed, we are also requiring illuminate upon the first entry into such However, if an illuminated MIL is not that the OBD system illuminate the MIL an abnormal operating mode. If such a extinguished, or if a MIL-on DTC is not and store a MIL-on DTC to inform the mode is recoverable, the engine will erased, by the OBD system itself but is vehicle operator whenever the engine start at the next key-on in ‘‘normal’’ instead erased via scan tool or battery enters a mode of operation that can mode allowing the monitor to run again disconnect (which would erase all non- affect the performance of the OBD and, assuming another detection of the permanent, volatile memory), the system. If such a mode of operation is condition, the system would set a MIL- permanent DTC must remain stored. recoverable (i.e., operation on DTC and illuminate the MIL. This way, permanent DTCs can only be automatically returns to normal at the As proposed, the OBD system need erased by the OBD system itself and beginning of the following ignition not store a DTC nor illuminate the MIL 14 cannot be erased through human cycle ), then in lieu of illuminating the upon abnormal mode operation if other interaction with the system. MIL when the mode of operation is telltale conditions would result in As proposed, we are allowing the entered, the OBD system may wait to immediate action by the driver. Such manufacturer, upon Administrator illuminate the MIL and store the MIL- telltale conditions would be, for approval, to use alternative statistical on DTC if the mode of operation is again example, an overt indication like a red MIL illumination and DTC storage entered before the end of the next engine shut-down warning light. The protocols to those described above (i.e., ignition cycle. We are requiring this OBD system also need not store a DTC alternatives to the ‘‘first trip—pending because many operating strategies are nor illuminate the MIL upon abnormal DTC, second strip—MIL-on DTC logic). designed such that they continue mode operation if the mode is indeed an The Administrator will consider automatically through to the next key- auxiliary emission control device whether the manufacturer provided data off. Regardless, upon the next key-on, (AECD) approved by the Administrator. the engine control would start off in and/or engineering evaluation There may be malfunctions of the MIL adequately demonstrates that the ‘‘normal’’ operating mode and would return to the ‘‘abnormal’’ operating itself that would prevent it from alternative protocols can evaluate illuminating. A repair technician—or system performance and detect mode only if the condition causing the abnormal mode was again encountered. possibly an I/M inspector—would still malfunctions in a manner that is equally be able to determine the status of the effective and timely. Alternative In such cases, we are allowing that the MIL be illuminated during the second MIL (i.e., commanded ‘‘on’’ or ‘‘off’’) by strategies requiring, on average, more reading electronic information available than six driving cycles for MIL consecutive drive cycle during which such an ‘‘abnormal’’ mode is engaged.15 through a scan tool, but there would be illumination would probably not be no indication to the driver of an accepted. Whether or not the ‘‘abnormal’’ mode of operation is recoverable, in this emissions-related malfunction should As proposed, upon storage of either a one occur. Unidentified malfunctions pending DTC and/or a MIL-on DTC, we context, has nothing to do with whether the detected malfunction goes away or may cause excess emissions to be are requiring that the computer store a emitted from the vehicle and may even set of ‘‘freeze frame’’ data. These freeze stays. Instead, it depends solely on whether or not the engine, by design, cause subsequent deterioration or frame data will provide a snap shot of failure of other components or systems engine operating conditions present at will stay in abnormal operating mode on the next key-on. We are requiring this without the driver’s knowledge. In order the time the malfunction occurred and to prevent this, the manufacturer must was detected. This information serves MIL logic because often the diagnostic (i.e., monitor) that caused the engine to ensure that the MIL is functioning the repair technician in diagnosing the properly. For this reason and consistent problem and conducting the proper enter abnormal mode cannot run again once the engine is in the abnormal with our proposal, we are requiring two repair. The freeze frame data should be checks of the functionality of the MIL stored upon storage of a pending DTC. mode. So, if the MIL logic associated with abnormal mode activation was itself. First, the MIL will be required to If the pending DTC matures to a MIL-on illuminate for a minimum of five DTC, the manufacturer can choose to always a two-trip diagnostic, abnormal mode activation would set a pending seconds when the vehicle is in the key- update the freeze frame data or retain on, engine-off position. This allows an the freeze frame stored in conjunction 14 ‘‘Ignition Cycle’’ means a drive cycle that interested party to check the MIL’s with the pending DTC. Likewise, any begins with engine start and includes an engine functionality simply by turning the key speed that exceeds 50 to 150 rotations per minute to the key-on position. While the MIL 12 This general ‘‘three trip’’ condition for (rpm) below the normal, warmed-up idle speed (as would be physically illuminated during extinguishing the MIL is true for all but two diesel determined in the drive position for vehicles systems/monitors—the misfire monitor and the SCR equipped with an automatic transmission) for at this functional check, the data stream system—and three gasoline systems/monitors—the least two seconds plus or minus one second. value for the MIL command status fuel system, the misfire monitor, and the 15 Note that we use the term ‘‘abnormal’’ to refer would be required to indicate ‘‘off’’ evaporative system—which have further conditions to an operating mode that the engine is designed to during this check unless, of course, the on extinguishing the MIL. This is discussed in more enter upon determining that ‘‘normal’’ operation detail in sections II.B and II.C. cannot be maintained. Therefore, the term MIL was currently being commanded 13 For simplicity, the discussion here refers to ‘‘abnormal’’ is somewhat of a misnomer since the ‘‘on’’ for a detected malfunction. This ‘‘previous-MIL-on’’ DTCs only. The ISO 15765 engine is doing what it has been designed to do. functional check of the MIL is not standard and the SAE J1939 standard use different Nonetheless, the abnormal operating mode is required during vehicle operation in the terms to refer to the concept of a previous-MIL-on clearly not the operating mode the manufacturer DTC. Our intent is to present the concept of our has intended for optimal operation. Such operating key-on, engine-off position subsequent proposal in this preamble and not to specify the modes are sometimes referred to as ‘‘default’’ to the initial engine cranking of an terminology used by these standard making bodies. operating modes or ‘‘limp-home’’ operating modes. ignition cycle (e.g., due to an engine

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stall or other non-commanded engine ‘‘ready.’’ This serves to protect against conditions can make evaluation shutoff). drivers disconnecting their battery just difficult). Importantly, manufacturers The second functional check of the prior to the I/M inspection so as to erase are prohibited from using a monitoring MIL is a circuit continuity check of the any MIL-on DTCs. Such an action strategy that is so restrictive such that it electrical circuit that is used to would simultaneously set all readiness rarely or never runs. To help protect illuminate the MIL to verify that the status indicators to ‘‘not ready’’ against monitors that rarely run, we are circuit is not shorted or open (e.g., a resulting in a notice to return to the requiring an ‘‘in-use monitor burned out bulb). While there would not inspection site at a future date. performance ratio’’ requirement which be an ability to illuminate the MIL when Readiness indicators also help repair is detailed in section II.E. such a malfunction is detected, the technicians because, after completing a The set of operating conditions that electronically readable MIL command repair, they can operate the vehicle until must be met so that an OBD monitor can status in the onboard computer would the readiness status indicates ‘‘ready’’ run are called the ‘‘enable criteria’’ for be changed from commanded ‘‘off’’ to and, provided no DTCs are stored, know that given monitor. These enable criteria ‘‘on’’. This would allow the truck owner that the repair has been successful. We are often different for different monitors or fleet maintenance staff to quickly are requiring that HDOBD systems and may well be different for different determine whether an extinguished MIL follow this same readiness status logic types of engines. A large diesel engine means ‘‘no malfunctions’’ or ‘‘broken as used for years in light-duty OBD both intended for use in a Class 8 truck MIL.’’ It would also serve, should it to assist repair technicians and to would be expected to see long periods become of interest in the future, facilitate potential future HDOBD I/M of relatively steady-state operation complete automation of the I/M process programs. while a smaller engine intended for use by eliminating the need for inspectors to We are also allowing the in an urban delivery truck would be input manually the results of their manufacturer, upon Administrator expected to see a lot of transient visual inspections. Feedback from approval, to use the MIL to indicate operation. Manufacturers will need to passenger car I/M programs indicates which, if any, DTCs are currently stored balance between a rather loose set of that the current visual bulb check (e.g., to ‘‘blink’’ the stored codes). The enable criteria for their engines and performed by inspectors is subject to Administrator will approve the request vehicles given the very broad range of error and results in numerous vehicles if the manufacturer can demonstrate operation HD highway engines see and being falsely failed or passed. By that the method used to indicate the a tight set of enable criteria given the requiring monitoring of the circuit itself, DTCs will not be unintentionally desire for greater monitor accuracy. the entire pass/fail criteria of an I/M activated during any inspection test or b. General Monitoring Conditions program could be determined by the during routine driver operation. electronic information available through i. Monitoring Conditions for All Engines a scan tool, thus better facilitating quick 3. Monitoring Conditions As guidance to manufacturers, we are and effective inspections and a. Background providing the following criteria to assist minimizing the chance for manually- manufacturers in developing their OBD entered errors. Unlike our proposal, the Given that the intent of the OBD requirements is to monitor the emission enable criteria. These criteria will be final rule does not require this circuit used by the Agency during our OBD continuity check of the MIL circuit for control system for proper operation, it is logical that the OBD monitors be certification approval process to ensure systems that employ light emitting that monitors run on a frequent basis 16 designed such that they monitor the diode (LED) MILs. These systems are during real world driving conditions. very robust and circuit checks are very emission control system during typical driving conditions. While many OBD These criteria will be: difficult and, we believe, unnecessary. • The monitors should run during monitors would be designed such that We do not want to discourage their use conditions that are technically they are continuously making decisions or encourage use of bulb-based MILs necessary to ensure robust detection of about the operational status of the over LED MILs via our OBD malfunctions (e.g., to avoid false passes engine, many—and arguably the most requirements. and false indications of malfunctions); critical—monitors are not so designed. As proposed, the MIL may be used to • The monitor enable criteria should For example, an OBD monitor whose indicate readiness status in a ensure monitoring will occur during function is to monitor the active fuel standardized format (see Section II.F) in normal vehicle operation; and, the key-on, engine-off position. injection system of a NOX adsorber or a • Monitoring should occur during at Readiness status is a term used in light- DPF cannot be continuously monitoring least one test used by EPA for emissions duty OBD that refers to a vehicle’s that function since that function occurs verification—either the HD Federal Test readiness for I/M inspection. For a on an infrequent basis. This OBD Procedure (FTP) transient cycle, or the subset of monitors—those that are non- monitor presumably would be expected Supplementary Emissions Test (SET).17 continuous monitors for which an to ‘‘run,’’ or evaluate the active injection As discussed in more detail in emissions threshold exists (see sections system, during an actual fuel injection sections II.B through II.D, we are II.B and II.C for more on emissions event. requiring that manufacturers define the thresholds)—a readiness status indicator For this reason, manufacturers are monitoring conditions, subject to must be stored in memory to indicate allowed to determine the most Administrator approval, for detecting whether or not that particular monitor appropriate times to run their non- the malfunctions required by this rule. has run enough times to make a continuous OBD monitors. This way, The Administrator would determine if diagnostic decision. Until the monitor they are able to make an OBD evaluation the monitoring conditions proposed by has run sufficient times, the readiness either at the operating condition when the manufacturer for each monitor abide status would indicate ‘‘not ready’’. an emission control system is active and by the above criteria. Upon running sufficient times, the its operational status can best be In general, except as noted in sections readiness status would indicate evaluated, and/or at the operating II.B through II.D, the regulation requires condition when the most accurate 16 See proposed § 86.010–18(i)(3)(iii)(E) and evaluation can be made (e.g., highly 17 See 40 CFR part 86, subpart N for details of compare to the final § 86.010–18(i)(3)(iii)(E). transient conditions or extreme EPA’s test procedures.

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each monitor to run at least once per performance of the following monitors appropriate emissions test cycle during driving cycle in which the applicable in the standardized format specified in which their monitors will run. Unlike monitoring conditions are met. It also section II.E: our proposal, we have removed the requires certain monitors to run • Diesel NMHC converting catalyst(s) requirement that the manufacturer continuously throughout the driving • Diesel NOX converting catalyst(s) choose the cycle over which the most cycle. These include a few threshold • Gasoline catalyst(s) stringent monitor would result.18 We monitors (e.g., fuel system monitor) and • Exhaust gas sensor(s) have made this change to provide most circuit continuity monitors. While • Gasoline evaporative system manufacturers the flexibility to develop a basic definition of a driving cycle (e.g., • Exhaust gas recirculation (EGR) robust monitors that meet all applicable from ignition key-on and engine startup system requirements of the rule rather than to engine shutoff) has been sufficient for • Variable valve timing (VVT) system requiring the most stringent monitor • passenger cars, the driving habits of Gasoline secondary air system with disregard for its robustness. That • many types of vehicles in the heavy- Diesel particulate filter system said, the Administrator retains the right • duty industry dictate an alternate Diesel boost pressure control to challenge the manufacturer’s choice definition. Specifically, many heavy- system • of cycles. While we do not necessarily duty operators will start the engine and Diesel NOX adsorber(s) anticipate challenging a manufacturer’s leave it running for an entire day or, in The OBD system is not required to determination of which test cycle to use, some cases, even longer. As such, any track and report in-use performance for the final regulations make clear that the period of continuous engine-on monitors other than those specifically manufacturer should be prepared, operation of four hours will be identified above. perhaps with test data, to justify their considered a complete driving cycle. A iii. In-Use Performance Ratio determination. new driving cycle would begin Requirement We are eliminating our requirement following such a four hour period, that, for engines equipped with regardless of whether or not the engine We are also requiring manufacturers emission controls that experience had been shut down. Thus, the ‘‘clock’’ to define, for all 2013 and subsequent infrequent regeneration events (e.g., a model year engines, monitoring for monitors that are required to run DPF and/or a NO adsorber), a conditions that, in addition to meeting X once per driving cycle would be reset to manufacturer must adjust the emission the general monitoring conditions, run again (in the same key-on engine test results for monitors that are ensure that certain monitors yield an in- start or trip) once the engine has been required to indicate a malfunction use performance ratio (which monitors operated beyond four hours before emissions exceed a certain and the details that define the continuously. This would avoid an emission threshold.19 For each such performance ratio are defined in section unnecessary delay in detection of monitor, the manufacturer need not II.E) that meets or exceeds the minimum malfunctions simply because the heavy- adjust the emission result as done in acceptable in-use monitor performance duty vehicle operator has elected to accordance with the provisions of ratio for in-use vehicles. As proposed, leave the vehicle running continuously section 86.004–28(i) with the we are requiring a minimum acceptable for an entire day or days at a time. component for which the malfunction in-use monitor performance ratio of Consistent with our proposal, criteria are being established having 0.100 for all monitors specifically manufacturers may request been deteriorated to the malfunction required to track in-use performance. Administrator approval to define threshold. As proposed, the adjusted This means that the monitors listed in monitoring conditions that are not emission value would have to have been section II.A.3.ii above must run and encountered during the FTP cycle. In used for purposes of determining make valid diagnostic decisions during evaluating the manufacturer’s request, whether or not the applicable emission 10 percent of the vehicle’s trips. We the Administrator will consider the threshold is exceeded. degree to which the requirement to run intend to work with industry during the As we noted in our proposal, we during the FTP cycle restricts in-use initial years of implementation to gather believe that this adjustment process for monitoring, the technical necessity for data on in-use performance ratios and monitors of systems that experience defining monitoring conditions that are may revise this ratio as appropriate infrequent regeneration events makes not encountered during the FTP cycle, depending on what we learn. sense and will result in robust monitors, data and/or an engineering evaluation Note that manufacturers may not use we also believe that it could prove to be submitted by the manufacturer which the calculated ratio (or any element overly burdensome for manufacturers. demonstrate that the component/system thereof), or any other indication of For example, a NOX adsorber threshold does not normally function, or monitor frequency, as a monitoring being evaluated by running an FTP monitoring is otherwise not feasible, condition for a monitor. For example, using a ‘‘threshold’’ part (i.e., a NOX during the FTP cycle, and, where the manufacturer would not be allowed adsorber deteriorated such that tailpipe applicable, the ability of the to use a low ratio to enable more emissions are at the applicable manufacturer to demonstrate that the frequent monitoring through diagnostic thresholds) may be considered monitoring conditions will satisfy the executive priority or modification of acceptable provided the NOX adsorber minimum acceptable in-use monitor other monitoring conditions, or to use a does not regenerate during the test, but performance ratio requirement as high ratio to enable less frequent it may be considered unacceptable if the defined below. monitoring. NOX adsorber does happen to regenerate ii. In-Use Performance Tracking 4. Determining the Proper OBD during the test. This could happen Monitoring Conditions Malfunction Criteria because emissions would be expected to In addition to the general monitoring For determining the malfunction increase slightly during the regeneration conditions above, and consistent with criteria for monitors associated with an event thereby causing emissions to be our proposal, we are requiring emissions threshold (see sections II.B 18 See proposed § 86.010(f)(1)(i) and compare to manufacturers to implement software and II.C for more on emissions final § 86.010–18(f)(1)(i). algorithms in the OBD system to thresholds), we are requiring 19 See proposed § 86.010–18(f)(2) and compare to individually track and report in-use manufacturers to determine the final § 86.010–18(f)(2).

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slightly above the applicable threshold. requirements will be as stringent if not plan detailing how the non-compliances This would require the manufacturer to more so than EPA OBD requirements. will be corrected. The plan must be recalibrate the NOX adsorber monitor to As such, should a manufacturer submitted in conjunction with any detect at a lower level of deterioration demonstrate, and the Administrator requests to make use of this provision to ensure that a regeneration event determine, that an OBD system and would be subject to Administrator would not cause an exceedance of the complies with the CARB requirements, approval. Note also that we fully intend threshold during an emissions test. it would be acceptable for EPA to enforce the manufacturer’s plan to After such a recalibration, the emissions certification. We believe this will lead to ensure that any engines sold as non- occurring during the regeneration event an eventual national program. compliant would be corrected. would be lower than before because the 6. Temporary Provisions To Address B. Monitoring Requirements and new ‘‘threshold’’ NO adsorber would X Hardship Due to Unusual Timelines for Diesel-Fueled/ have a slightly higher conversion Circumstances Compression-Ignition Engines efficiency. We are concerned that manufacturers may find themselves in a We have added a new ‘‘temporary Table II.B–1 summarizes the diesel difficult iterative process calibrating hardship’’ provision for the final rule.21 fueled compression ignition emissions such monitors that, in the end, will not Under this new provision, EPA may thresholds at which point a component be correspondingly more effective. We allow a manufacturer to sell non- or system has failed to the point of discuss this in more detail in our compliant engines for a short time requiring an illuminated MIL and a Summary and Analysis of Comments period provided the Administrator stored DTC. Some of these thresholds— document contained in the docket for determines that the non-compliance is specifically, the NOX aftertreatment and this rule. for reasons outside the manufacturer’s NOX sensor thresholds for 2010 through control. Examples of such reasons may 2012—differ from what was proposed. 5. Demonstrating Compliance With be fires in manufacturer or supplier The differences serve to make the OBD CARB Requirements plants, or ‘‘acts of God’’ such as floods, threshold less stringent than proposed We did not propose that tornados, or hurricanes that have for the purpose of matching thresholds manufacturers be given the opportunity created unforeseen delays in a with technological capabilities.22 We to demonstrate compliance with CARB manufacturer’s ability to comply. have also eliminated the NMHC catalyst OBD requirements for the purpose of This provision is meant to be used for thresholds. We discuss the reasons for satisfying federal OBD. We have long only a limited time (e.g., one to three these changes in brief in the sections had such a provision in our OBD months) and permission to use the that follow and in more detail in our requirements for under 14,000 pound provision would not be granted for the Summary and Analysis of Comments applications. For the final rule, we have purpose of delaying implementation for document contained in the docket for included such a provision but want to a model year. Further, the provision this rule. More detail regarding the final make clear that this provision should includes in it an expectation that non- monitoring requirements, not be interpreted as meaning that a compliances would be corrected as implementation schedules, and CARB approval equates to an EPA quickly as possible, and we would liabilities can be found in the sections approval.20 We believe that CARB OBD require that the manufacturer submit a that follow.

TABLE II.B–1—EMISSIONS THRESHOLDS FOR DIESEL FUELED CI ENGINES OVER 14,000 POUNDS

Component/monitor MY NMHC CO NOX PM

NOX catalyst system ...... 2010–2012 ...... +0.6 ...... 2013+ ...... +0.3 ...... DPF system ...... 2010–2012 2.5x ...... 0.05/+0.04 2013+ 2x ...... 0.05/+0.04 Air-fuel ratio sensors upstream ...... 2010–2012 2.5x 2.5x +0.3 0.03/+0.02 2013+ 2x 2x +0.3 0.03/+0.02 Air-fuel ratio sensors downstream ...... 2010–2012 2.5x ...... +0.3 0.05/+0.04 2013+ 2x ...... +0.3 0.05/+0.04 NOX sensors ...... 2010–2012 ...... +0.6 0.05/+0.04 2013+ ...... +0.3 0.05/+0.04 ‘‘Other monitors’’ with emissions thresholds (see section II.B) ...... 2010–2012 2.5x 2.5x +0.3 0.03/+0.02 2013+ 2x 2x +0.3 0.03/+0.02 Notes: MY = Model Year; 2.5x means a multiple of 2.5 times the applicable emissions standard or family emissions limit (FEL); +0.3 means the standard or FEL plus 0.3; 0.05/+0.04 means an absolute level of 0.05 or an additive level of the standard or FEL plus 0.04, whichever level is higher; not all monitors have emissions thresholds but instead rely on functionality and rationality checks as described in section II.D.4.

There are exceptions to the emissions at which point a functional check would that tailpipe emissions would increase. thresholds shown in Table II.B–1 be allowed. We do not want emissions to increase, whereby a manufacturer can Note that, in general, the monitoring even for short durations, for the sole demonstrate that emissions do not strategies designed to meet the purpose of monitoring the systems exceed the threshold even when the requirements should not involve the intended to control emissions. The component or system is non-functional alteration of the engine control system Administrator will consider such or the emissions control system such monitoring strategies on a case-by-case

20 See § 86.010–18(a)(5) which is new in the final 21 See final § 86.010–18(a)(6). 22 See proposed § 86.010–18(g), Table 1, and regulations. Also see § 86.010–18(m)(3) which is compare to final § 86.010–18(g), Table 1. new in the final regulations.

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basis taking into consideration the For unit injector fuel systems, the continuously for misfire during the full emissions impact and duration of the final rule allows the fuel system operating range and detect a monitoring event. However, much effort pressure control, injection quantity, and malfunction prior to emissions has been expended in recent years to injection pressure to be monitored using exceeding the thresholds for ‘‘other minimize engine operation that results functional checks in lieu of monitoring monitors.’’ in increased emissions and we for conditions that would cause For the final rule, we have made only encourage manufacturers to develop emissions to exceed the OBD thresholds monitoring strategies that do not require for model years 2010 through 2012. one change to the misfire monitoring alteration of the basic control system. Threshold monitoring on unit injector requirements for CI engines. In the The remaining discussion in Section fuel system injection pressure, quantity proposal, we stated that, if more than II.B focuses solely on changes made to and timing will be required for model one cylinder is misfiring continuously, the monitoring requirements for the year 2013 and beyond. For common rail a separate DTC must be stored final rule relative to the proposed rule. systems, the regulation remains indicating that multiple cylinders are We have not restated the rationale for unchanged with threshold detection misfiring. In the final rule, we state that, each monitor, the monitoring required for fuel system pressure if more than one cylinder is misfiring requirements, or the expected control, injection quantity, and injection continuously or if more than one but monitoring strategies, etc. For such pressure for model years 2010 and less than half of the cylinders is discussion, we refer the reader to our beyond. misfiring continuously, a separate DTC proposal (72 FR 3200). Regarding monitoring conditions, the must be stored indicating that multiple final rule remains unchanged on 23 1. Fuel System Monitoring cylinders are misfiring. To make use common rail systems from the proposal of this additional provision, the We proposed that fuel system of once per drive cycle for injection manufacturer must receive malfunctions related to injection pressure and quantity for model years Administrator approval. We are making pressure, injection timing, injection 2010 to 2012 in addition to constant fuel quantity, and feedback control be this change because we believe that, for pressure monitoring. On 2013 and later some systems, a perfectly acceptable individually detected prior to emissions common rail fuel systems, we are monitor can be developed without exceeding the thresholds for ‘‘other requiring continuous monitoring of sacrificing malfunction detection. monitors.’’ Further, we proposed that pressure control and, in a change from pressure and feedback related our proposal, injector quantity and 3. Exhaust Gas Recirculation (EGR) malfunctions be monitored injector timing monitoring must be done System Monitoring continuously and that quantity and when conditions are met (rather than timing related malfunctions be once per trip). On unit injector systems We proposed that malfunctions of the monitored once per trip. For the final for model years 2010 to 2012, the EGR system related to low flow, high rule, we are requiring fuel system monitors for fuel system pressure flow, slow response, feedback control, monitoring for CI engines be consistent control, injection quantity, and injection and cooler performance be detected with our proposal with a few timing are required once per drive cycle. prior to emissions exceeding the exceptions. For model years 2013 and beyond, unit thresholds for ‘‘other monitors.’’ We have added a new combined injector systems are required to monitor Further, we proposed that flow and monitor option for fuel injection pressure, injector quantity and injector feedback related malfunctions be systems. Under this option, the three timing when conditions are met. monitored continuously, response discrete malfunction criteria for unit We are making these fuel injection related malfunctions be monitored injector systems (pressure, quantity, and system monitoring changes because of whenever conditions were met, and that timing) may be combined into one the system monitoring capability malfunction. The two discrete cooler malfunctions be monitored once differences between unit injector and per trip. malfunction criteria for common rail common rail systems, while systems (quantity and timing) may be maintaining the intent of malfunction For the final rule, we have not made combined into one malfunction. If monitoring to indicate a failed any changes to the EGR requirements choosing the combined monitoring component. We believe that the except to provide more clarity to the option on either type system, the monitoring strategies manufacturers are provisions allowing for temporary manufacturer must demonstrate with expected to use in the interim time disablement of continuous data that the combined monitoring frame and future system design will monitoring.24 This new provision strategy can detect a component failure result in robust monitoring of the fuel allows the OBD system, with approval, by some combination of the individual system without sacrificing malfunction to disable temporarily the EGR system monitors, a rationality check between detection. The fuel system strategies monitor(s) under specific ambient the discrete monitors or the downstream based on hardware diverge in model conditions (e.g., when freezing may effect of the failed component. For years 2010 to 2012 to account for the affect performance of the system) or threshold monitoring, the manufacturer monitoring capabilities but again during specific operating conditions is expected to demonstrate with data converge in model years 2013 for as (e.g., transients, extreme low or high that the combined monitor correctly much commonality as possible. We flow conditions). Even then, the system detects the operating conditions of the discuss our rationale in more detail in must still maintain comprehensive fuel injector and indicates the our Summary and Analysis document component monitoring as required by component malfunction prior to contained in the docket for this rule. the comprehensive component exceeding the threshold level required monitoring requirements.25 by the regulation. The intent of the 2. Engine Misfire Monitoring combined monitor is to effectively We proposed that, for 2010–2012, a 23 See § 86.010–18(g)(2)(ii)(A) for diesel-fueled detect and indicate fuel system injector continuous engine misfire be detected engines. malfunctions although the direct cause during engine idle. For 2013 and later, 24 See § 86.010–18(g)(3)(iii)(D) for diesel-fueled of the failure (quantity, timing and/or we proposed that engines equipped engines. pressure) is unknown. with combustion sensors monitor 25 See § 86.010–18(i)(3).

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4. Turbo Boost Control System converting catalyst be used to assist loss of NMHC conversion at the levels Monitoring other aftertreatment devices, that required for threshold monitoring. We We proposed that malfunctions of the malfunctions be detected if that believe that the primary function of the boost control system related to assistance is no longer occurring. NMHC catalyst will be exotherm underboost, overboost, variable Further, we proposed that conversion generation which is a monitoring geometry slow response, feedback efficiency and aftertreatment assistance requirement we have maintained and control, and undercooling be detected be monitoring once per trip. broadened. Further, we believe that the prior to emissions exceeding the For the final rule, we have eliminated exotherm monitor will also serve to thresholds for ‘‘other monitors.’’ the OBD thresholds associated with provide the detection of lost NMHC Further, we proposed that underboost, monitoring of NMHC converting conversion and will do so in a more catalysts (e.g., the diesel oxidation overboost, and feedback related timely fashion than a direct monitoring catalyst, or DOC). We have also malfunctions be monitored of NMHC conversion via exhaust gas eliminated the need to monitor the continuously, that slow response related sensors since those sensors appear malfunctions be monitored whenever NMHC converting catalyst’s ability to generate the proper feedgas for other unlikely to be able to detect NMHC conditions were met, and that conversion loss until it is completely undercooling related malfunctions be aftertreatment devices. We have maintained, as was proposed, the lost. Similar arguments exist for monitored once per trip. eliminating the feedgas monitoring One change we have made to the requirements to monitor for some level of NMHC conversion and for the ability requirement—we know of no robust turbo boost control system monitoring method to detect this loss given today’s requirements for the final rule is to add to generate and sustain the necessary sensor technology. We discuss our the phrase, ‘‘on engines so equipped’’ or exotherm for catalysts used as part of rationale in more detail in our Summary equivalent.26 We have added this phrase the regeneration strategy of other 28 and Analysis document contained in the to clarify that, for engines that do not aftertreatment devices. As part of this control the turbo boost control system as latter requirement, we have added a docket for this rule. provision requiring the OBD system to suggested by the proposed requirements 6. Selective Catalytic Reduction (SCR) detect when the NMHC converting the provision would not apply or would and Lean NOX Catalyst Monitoring apply differently. For example, our catalyst is unable to generate a 100 proposal required that the OBD system degree Celsius temperature rise, or to We proposed that malfunctions detect when the turbo boost control achieve the necessary regeneration related to conversion efficiency, active/ system was unable to achieve the temperature, within 60 seconds of intrusive reductant delivery, active/ commanded boost. However, some initiating a forced regeneration event. intrusive reductant quantity, active/ manufacturers use a system that does Further, the OBD system must detect the intrusive reductant quality, and not in fact command a particular boost inability to sustain the necessary feedback control be detected prior to pressure (i.e., it is not a closed loop regeneration temperature for the emissions exceeding the thresholds for duration of the regeneration event. We feedback system). For such systems, the ‘‘NO catalyst system.’’ Further, we have also added a provision that the X final rule makes clear that the system proposed that conversion efficiency and regeneration system be shut down (i.e., must detect when the turbo boost reductant quality be monitored once per the forced regeneration must be aborted) control system is unable to achieve the in the event that the regeneration trip and that reductant delivery, commanded boost, or the expected temperature cannot be attained or quantity, and feedback control be boost for systems that do not control sustained. The manufacturer would be monitored continuously. boost pressure. The change does not allowed to define the monitoring We have made no changes to the SCR impact the intent behind the proposed conditions for this monitor to ensure and/or lean NOX catalyst monitoring requirements and only serves to provide that a robust monitoring event would be requirements relative to our proposal clarity to manufacturers. We discuss our possible. This requirement is meant to except that we have increased the NO rationale in more detail in our Summary X ensure that NMHC emissions will not be threshold at which malfunctions must and Analysis document contained in the excessive during a prolonged and docket for this rule. be detected. We proposed a threshold of We have also made a minor change to unsuccessful attempt at generating an the NOX FEL+0.3 g/bhp-hr and are the turbo boost monitoring conditions. exotherm for regeneration. As an finalizing a threshold of the NOX We have added a provision that alternative, the manufacturer may FEL+0.6 g/bhp-hr. This revised provides clarity to the requirement to submit, for Administrator approval, threshold applies only to model years monitor continuously certain their NMHC catalyst exotherm monitor 2010 through 2012. As proposed, the parameters. This provision does not strategy and, if equivalent in threshold for model years 2013 and later effectiveness, could use that strategy change the intent of the proposed remains the NOX FEL+0.3 g/bhp-hr. We requirement, but only serves to provide instead of the criteria described here. have made this change because the state Lastly, we have added a provision clarity to the requirement.27 of NOX sensor technology expected for whereby a manufacturer can ‘‘test out’’ the 2010 model year is not sufficient for 5. Non-Methane Hydrocarbon (NMHC) of monitoring a NMHC catalyst located the proposed threshold. We expect that Converting Catalyst Monitoring downstream of a DPF provided its to improve for model years 2013 and We proposed that malfunctions failure will not cause NMHC emissions later.29 We discuss our rationale in more related to NMHC conversion efficiency to exceed the applicable NMHC detail in our Summary and Analysis be detected prior to emissions exceeding standard. document contained in the docket for We have made these changes for the the thresholds for ‘‘NMHC catalyst.’’ We this rule. also proposed that, should the NMHC final rule because we have been convinced by manufacturers that there 29 Please refer to our Final Technical Support 26 See § 86.010–18(g)(4)(ii) for diesel-fueled exists no robust method of detecting Document contained in the docket for this rule engines. (EPA420–R–08–019, Document ID No. EPA–HQ– 27 See § 86.010–18(g)(4)(iii)(D) for diesel-fueled 28 See § 86.010–18(g)(5) for the final NMHC OAR–2005–0047–0056) which contains our latest engines. catalyst requirements for diesel-fueled engines. understanding of NOX sensor technology.

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7. NOX Adsorber System Monitoring We believe that such a requirement is, monitoring events are limited to We proposed that malfunctions in effect, the same as a threshold operation following a successful DPF related to adsorber system capability, requirement for most DPF systems to be regeneration. This is to ensure that a active/intrusive reductant delivery, and certified in the 2010 through 2012 confirmed leak will not ‘‘fill up’’ with feedback control be detected prior to timeframe. Those systems are expected PM and begin to look like an acceptable emissions exceeding the thresholds for to use a delta pressure approach to DPF DPF. If monitoring events were allowed monitoring and we expect that ‘‘NOX catalyst system.’’ Further, we to occur as the leak filled up, the OBD proposed that adsorber capability be manufacturers will design that monitor system may inadvertently determine monitored once per trip and that to detect the smallest hole feasible that the DPF substrate was not reductant delivery and feedback control which, we believe, will result in a compromised. Limiting subsequent be monitored continuously. decrease in the expected pressure drop monitoring events (i.e., those following For the final rule, we have changed somewhere around the level we are a malfunction determination) to nothing with respect to the NOX requiring. Manufacturers would then operation following a complete adsorber monitoring requirements with determine the emissions impact regeneration of the DPF will ensure that the exception of revising the NOX associated with that hole and hope that no PM has filled up the crack or hole. threshold for model years 2010 through it meets our threshold requirement. If it did not, we would probably certify the We discuss all of these changes in 2012 to the NOX FEL+0.6 from the NOX more detail in our Summary and FEL+0.3. We have made this change for system with a deficiency presuming the manufacturer had made a good faith Analysis of Comments document the same reasons noted above for SCR contained in the docket for this rule. monitoring. We discuss our rationale in effort at compliance and the monitor more detail in our Summary and met our deficiency requirements.32 We 9. Exhaust Gas Sensor Monitoring Analysis document contained in the would not want to refuse to certify it docket for this rule. since it would be doing the maximum We proposed that malfunctions that the delta pressure approach could related to sensor performance be 8. Diesel Particulate Filter (DPF) System feasibly do. We would prefer to certify detected prior to emissions exceeding Monitoring such a system to the decrease in the applicable thresholds. We also We proposed that malfunctions pressure drop requirement without the proposed that malfunctions related to related to the DPF filtering performance, deficiency than to certify it to a circuit integrity, feedback functions, regeneration frequency, regeneration threshold with a deficiency. In the end, monitoring functions, and heater completion, NMHC conversion, active/ the same monitor is being approved. performance and circuit integrity be intrusive reductant injection, and Another change we have made is to detected prior to those functions being feedback control be detected prior to eliminate the NMHC conversion lost. Further, we proposed that sensor emissions exceeding the thresholds for monitoring over DPFs that have some and heater performance be monitored 33 ‘‘DPF system.’’ We also proposed that a NMHC conversion capacity. We have once per trip, that monitoring missing DPF substrate be detected. eliminated this requirement for the functionality be monitored whenever Further, we proposed that all of these same reasons as noted above for NMHC conditions were met, and that circuit functions be monitored whenever converting catalyst monitors. Note that integrity and feedback functionality be conditions were met. we have retained an NMHC threshold monitored continuously. For the final rule, we have made two for the DPF, but it is referenced in changes to the requirements for conjunction with the DPF regeneration For the final rule, we have changed monitoring the DPF system. The first frequency monitor consistent with our nothing with respect to the exhaust gas change is that we have added to the DPF proposal. sensor monitoring requirements with filtering performance monitoring Lastly, we have included some new the exception of revising the NOX sensor requirement an optional requirement monitoring requirements for those monitor NOX threshold for model years whereby the OBD system can conduct, systems certified to our optional 2010 through 2012 to the NOX FEL+0.6 in effect, a functional check of the DPF. backpressure loss provision.34 An from the NOX FEL+0.3. We have made A system using this approach would be important element of these new this change for the same reasons noted required to detect a change in the monitoring conditions is the distinction above for the NOX aftertreatment pressure drop across the DPF relative to between conditions used for monitoring requirements. We discuss the nominal pressure drop across a malfunction determinations versus our rationale in more detail in our clean filter and a properly working subsequent passing determinations. The Summary and Analysis document device.30 In effect, if the DPF substrate new provisions allow for a malfunction contained in the docket for this rule. determination during any successful has been compromised, the failure must C. Monitoring Requirements and monitoring event. However, subsequent be detected if it results in a decrease in Timelines for Gasoline/Spark-Ignition the expected pressure drop equal to or Engines greater than a defined level, or a nominal, clean filter when operating the engine at the 50% speed, 50% load operating point (as detectable change in pressure drop, specified in test cycle and procedures for the Table II.C–1 summarizes the gasoline relative to a clean filter.31 supplemental emissions test (SET) in § 86.1360– fueled spark ignition emissions 2007.) thresholds at which point a component 30 See § 86.010–18(g)(8)(ii)(A) for diesel-fueled 32 See § 86.010–18(n). or system has failed to the point of 33 engines. See proposed § 86.010–18(g)(8)(ii)(D). requiring an illuminated MIL and a 31 The detectable change in pressure drop is 34 See § 86.010–18(g)(8)(iii) for diesel-fueled defined as 0.5 times the observed pressure drop on engines. stored DTC.

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TABLE II.C–1—EMISSIONS THRESHOLDS FOR GASOLINE FUELED SI ENGINES OVER 14,000 POUNDS

Component/monitor MY NMHC CO NOX

Catalytic converter system ...... 2010+ 1.75x ...... 1 .75x ‘‘Other monitors’’ with emissions thresholds (see section II.C) ...... 2010+ 1.5x ...... 1.5x 1.5x Evaporative emissions control system ...... 2010+ 0.150 inch leak. Notes: MY=Model Year; 1.75x means a multiple of 1.75 times the applicable emissions standard; not all monitors have emissions thresholds but instead rely on functionality and rationality checks as described in section II.D.4. The evaporative emissions control system threshold is not, technically, an emissions threshold but rather a leak size that must be detected; nonetheless, for ease we refer to this as the threshold.

Everything shown in Table II.C–1 is which makes it easy for industry to use ECT malfunctions be monitored once unchanged from our proposal. In fact, the same OBD monitors; per trip except that circuit malfunctions we have made only one change in our • The existing OBD requirements for must be monitored continuously. requirements specific to gasoline engines used in vehicles below 14,000 For the final rule, we have changed engines relative to our proposal.35 That pounds have proven effective; and the requirement surrounding the need to change is being made in response to • The industry members have more detect when the coolant temperature requests from industry that would allow than 10 years experience complying for Administrator approval of misfire with the OBD requirements for engines does not warm up to within 20 degrees monitoring disablement under certain used in vehicles below 14,000 pounds. F of the nominal thermostat regulating conditions on engines with more than As a result, our final requirements temperature. This change allows the eight cylinders and/or in situations should allow for OBD system OBD system to use a lower temperature where the manufacturer can consistency in vehicles under and over (lower than 20 degrees below the demonstrate that the best available 14,000 pounds rather than mirroring the nominal regulating temperature) monitoring strategy is not able to detect HD diesel requirements discussed in provided the ambient temperature is the misfire condition. The change we section II.B. Nonetheless, the final between 20 degrees F and 50 degrees F. are making for our final rule is meant to requirements are for engine-based OBD To do so, the manufacturer must present align our disablement allowance, with monitors only rather than monitors for data justifying the new temperature to approval, with similar allowances made the entire powertrain (which would be reached at the lower ambient in the California regulation.36 include the transmission). We are doing temperatures.40 As proposed, there remain exceptions this for the same reasons as done for the to the emissions thresholds shown in diesel OBD requirements in that 3. Crankcase Ventilation System Table II.C–1 whereby a manufacturer certification of gasoline applications Monitoring can demonstrate that emissions do not over 14,000 pounds, like their diesel We proposed that the OBD system exceed the threshold even when the counterparts, is done on an engine basis monitor the CV system on engines so component or system is non-functional and not a vehicle basis. at which point a functional check would equipped for system integrity. For diesel be allowed. D. Monitoring Requirements and engines, we proposed that the Additionally, consistent with our Timelines for Other Diesel and Gasoline manufacturer submit a plan for proposal, the final gasoline monitoring Systems Administrator approval prior to OBD requirements for engines over 14,000 1. Variable Valve Timing and/or Control certification that describes the pounds mirror those that are already in (VVT) System Monitoring monitoring strategy, malfunction place for gasoline engines used in criteria, and monitoring conditions for vehicles under 14,000 pounds. The HD We proposed that VVT system CV system monitoring. Further, we gasoline industry—General Motors and malfunctions related to achieving the proposed that the manufacturer may commanded valve timing and/or control Ford, as of today37—have told us that forego monitoring for a disconnection within a crank angle and/or lift their preference is to use essentially the between the crankcase and the CV valve same OBD system on their engines used tolerance and slow system response be detected prior to emissions exceeding provided the CV system is designed in both under and over 14,000 pound such that it uses tubing connections vehicles.38 In general, we agree with the the thresholds for ‘‘other monitors.’’ Further, we proposed that these between the CV valve and the crankcase HD gasoline industry on this issue for that are resistant to failure. We also three reasons: malfunctions be monitored whenever • conditions were met rather than once proposed that the manufacturer may The engines used in vehicles above forego monitoring for a disconnection and below 14,000 pounds are the same per trip. The final requirements for VVT between the CV valve and the intake manifold provided the CV system is 35 There are some changes discussed in section system monitoring are identical to the II.D that pertain to both gasoline and diesel proposed requirements.39 designed such that any disconnection applications. either causes the engine to stall 2. Engine Cooling System Monitoring 36 See CCR 1971.1(f)(2.3.4)(D) and CCR immediately during idle operation, or is 1971.1(f)(2.3.5) and compare to § 86.010– We proposed that cooling system 18(h)(2)(iii)(D) and § 86.010(h)(2)(iii)(E), unlikely to occur due to a CV system respectively. malfunctions related to proper design that is integral to the induction 37 This is true according to our certification thermostat function and engine coolant system (e.g., machined passages rather database for the 2004, 2005, and 2006 model years. temperature (ECT) sensor readings be than tubing or hoses). Other manufacturers certify engines that use the detected. Further, we proposed that Otto cycle, but those engines do not burn gasoline malfunctions tied to the thermostat be The final requirements for crankcase and instead burn various alternative fuels. ventilation system monitoring are 38 ‘‘EMA Comments on Proposed HDOBD monitored once per trip and that most Requirements for HDGE,’’ bullet items 3 and 4; April 28, 2005, Docket ID# EPA–HQ–OAR–2005– 39 See § 86.010–18(g)(10) for diesel-fueled engines 40 See § 86.010–18(i)(1) for the final cooling 0047–0003. and § 86.010–18(h)(9) for gasoline-fueled engines. system monitoring requirements.

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identical to the proposed done).44 We are making this change for and may well be different for different requirements.41 the 2010 through 2012 model years types of engines. A large diesel engine because we do not believe that the time intended for use in a Class 8 truck 4. Comprehensive Component Monitors available for 2010 implementation is would be expected to see long periods We proposed that, in general, the OBD sufficient for all manufacturers to make of relatively steady-state operation system must detect a malfunction of any the changes necessary to conduct while a smaller engine intended for use electronic engine component or system functional checks, but we believe that in an urban delivery truck would be that either provides input to or receives such checks are important and should expected to see a lot of transient commands from the onboard be done for 2013 and later. operation. Manufacturers will need to computer(s). Further, we proposed that balance between a rather loose set of 5. Other Emissions Control System malfunctions related to circuit enable criteria for their engines and Monitoring continuity and/or out-of-range values be vehicles given the very broad range of monitored continuously and that We proposed monitoring of other operation HD highway engines see and malfunctions related to input data emission control systems that are not a tight set of enable criteria given the rationality and/or output component otherwise specifically addressed and desire for greater monitor accuracy. functional response be monitored that the manufacturer submit a plan for Manufacturers would be required to whenever conditions were met. Administrator approval of the design these enable criteria so that the For the final rule, we have made monitoring strategy, malfunction monitor: several changes to the proposed criteria, and monitoring conditions prior • Is robust (i.e., accurate at making requirements for comprehensive to introduction on a production engine. pass/fail decisions); component monitoring. The first of The final requirements for other • Runs frequently in the real world; those changes is to revise the provisions emission control system monitoring are and concerning the emission effect that identical to the proposed requirements. • In general, also runs during the FTP determines what must be monitored as 6. Exceptions to Monitoring heavy-duty transient cycle. a comprehensive component. In the Requirements If designed incorrectly, these enable proposed rule, we provided a general set criteria may be either too broad and We proposed that certain monitors of parameters that fit within the result in inaccurate monitors, or overly could be disabled under specific comprehensive component concept. For restrictive thereby preventing the conditions related generally to ambient example, components that provide monitor from executing frequently in conditions. Further, we proposed that input to or received commands from the the real world. most such disablements be approved by engine computer along with specific Since the primary purpose of an OBD 42 the Administrator. examples of such components. We system is to monitor for and detect The final requirements for exceptions then stated that any such component emission-related malfunctions while the to monitoring are identical to the that could effect emissions over any engine is operating in the real world, a proposed requirements. reasonable driving condition must be standardized methodology for monitored. For the final rule, we have E. A Standardized Method To Measure quantifying real world performance changed these emission impacts slightly Real World Monitoring Performance would be beneficial to both EPA and by stating that any such component that manufacturers. Generally, in could cause emissions to exceed As was noted in section II.A.3, manufacturers determine the most determining whether a manufacturer’s emissions standards must be monitoring conditions are sufficient, a monitored.43 We have made this change appropriate times to run the non- continuous OBD monitors. This way, manufacturer would discuss the because we believe it to be consistent proposed monitoring conditions with with the Clean Air Act which states that they are able to make their OBD evaluation either at the operating EPA staff. The finalized conditions OBD systems should monitor would be included in the certification components that could cause or result condition when an emissions control system is active and its operational applications and submitted to EPA staff in failure of the vehicles to comply with who would review the conditions and emission standards established for such status can best be evaluated, and/or at the operating condition when the most make determinations on a case-by-case vehicles (see Section I.C.3 above). basis based on the engineering judgment The second change we have made to accurate evaluation can be made (e.g., highly transient conditions or extreme of the staff. In cases where we are the comprehensive component concerned that the documented monitoring requirements is the change conditions can make evaluation difficult). Importantly, manufacturers conditions may not be met during to the MIL circuit check and the wait- reasonable in-use driving conditions, we to-start lamp circuit check. These are prohibited from using a monitoring strategy that is so restrictive such that it would most likely ask the manufacturer changes were discussed in Section for data or other engineering analyses II.A.2 above. rarely or never runs. To help protect against monitors that rarely run, we used by the manufacturer to determine We have also changed the that the conditions would occur in-use. requirements for monitoring of glow proposed an ‘‘in-use monitor performance ratio’’ requirement. The In requiring a standardized plugs in the 2010 through 2012 model methodology for quantifying real world years. During those model years, glow final rule contains the same requirement without changes.45 performance, we believe this review plugs must be monitored for circuit process can be done more efficiently checks only. For model years 2013 and The set of operating conditions that must be met so that an OBD monitor can than would occur otherwise. later, we have not made any changes to Furthermore, it would serve to ensure our proposal (functional checks must be run are called the ‘‘enable criteria’’ for that given monitor. These enable criteria that all manufacturers are held to the same standard for real world 41 See § 86.010–18(i)(2) for the final CV system are often different for different monitors monitoring requirements. performance. Lastly, we want review 42 See proposed and/or final § 86.010–18(i)(3)(i). 44 See § 86.010–18(i)(3)(iii)(D). procedures that will ensure that 43 See final § 86.010–18(i)(3)(i)(A) and compare to 45 This requirement can be found in § 86.010– monitors operate properly and proposed § 86.010–18(i)(3)(i)(A). 18(d). frequently in the field.

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Therefore, manufacturers will be Monitors required to run the problem. Ideally, a technician will required to use a standardized method continuously, by definition, would operate the vehicle in a manner that will for determining real world monitoring always be running thereby making a exercise the appropriate OBD monitor performance and will be liable if minimum frequency requirement moot. and allow the OBD system to confirm monitoring occurs less frequently than a The new frequency requirement that the malfunction is no longer minimum acceptable level, expressed as essentially applies only to those present. This affords a technician the minimum acceptable in-use monitors that are designated as once per highest level of assurance that the repair performance ratio.46 We are also drive cycle or multiple times per drive was indeed successful. However, OBD requiring that manufacturers implement cycle monitors. For all of these monitors that operate infrequently are software in the onboard computer to monitors, manufacturers are required to difficult to exercise and, therefore, track how often several of the major define monitoring conditions that technicians may not be able (or may not monitors (e.g., catalyst, EGR, CDPF, ensure adequate frequency in-use. be likely) to perform such post-repair other diesel aftertreatment devices) Specifically, the monitors need to run evaluations. Despite the service execute during real world driving. The often enough so that the measured information availability requirements onboard computer must keep track of monitor frequency on in-use engines we are promulgating—requirements that how many times each of these monitors will exceed the minimum acceptable manufacturers make all of their service has executed and how much the engine frequency. However, even though the and repair information available to all has been operated. By measuring both of minimum frequency requirement technicians, including the information these values, the ratio of monitor applies to nearly all once per drive cycle necessary to exercise OBD monitors— operation relative to engine operation and multiple times per drive cycle technicians would still find it difficult can be calculated to determine monitors, manufacturers are only to exercise monitors that require monitoring frequency. required to implement software to track infrequently encountered engine The minimum acceptable frequency and report the in-use frequency for a operating conditions (e.g., abnormally requirement will apply to many but not few of the major monitors. These few steady constant speed operation for an all of the OBD monitors. We are monitors generally represent the major extended period of time). Additionally, requiring that monitors operate either emissions control components and the to execute OBD monitors in an continuously, once per drive cycle, or, ones with the most limited enable expeditious manner or to execute in a few cases, multiple times per drive criteria. monitors that would require unusual or cycle (i.e., whenever the proper We believe that OBD monitors should infrequently encountered conditions, monitoring conditions are present). For run frequently to ensure early detection technicians may be required to operate components or systems that are more of emissions-related malfunctions and, the vehicle in an unsafe manner (e.g., at likely to experience intermittent failures consequently, to maintain low freeway speeds on residential streets or or failures that can routinely happen in emissions. Allowing malfunctions to during heavy traffic). If unsuccessful in distinct portions of an engine’s continue undetected and unrepaired for executing these monitors, technicians operating range (e.g., only at high engine long periods of time allows emissions to may even take shortcuts in attempting to speed and load, only when the engine increase unnecessarily. Frequent validate the repair while maintaining a is cold or hot), monitors are required to monitoring can also help to ensure reasonable cost for customers. These operate continuously. Examples of detection of intermittent emissions- shortcuts would likely not be as continuous monitors include most related malfunctions (i.e., those that are thorough in verifying repairs and could electrical/circuit continuity monitors. not continuously present but occur increase the chance that improperly For components or systems that are less sporadically for days and even weeks at repaired engines would be returned to likely to experience intermittent failures a time). The nature of mechanical and the vehicle owner or additional repairs or failures that only occur in specific electrical systems is that intermittent would be performed just to ensure the vehicle operating regions or for malfunctions can and do occur. The less problem is fixed. In the end, monitors components or systems where accurate frequent the monitoring, the less likely that operate less frequently can result in monitoring can only be performed these malfunctions will be detected and unnecessary costs and inconvenience to under limited operating conditions, repaired. Additionally, for both both vehicle owners and technicians. monitors would be required to run once intermittent and continuous per drive cycle. Examples of once per malfunctions, earlier detection is 1. Description of Software Counters To drive cycle monitors typically include equivalent to preventative maintenance Track Real World Performance gasoline catalyst monitors, evaporative in that the original malfunction can be As stated above, manufacturers are system leak detection monitors, and detected and repaired prior to it causing required to track monitor performance output comprehensive component subsequent damage to other by comparing the number of monitoring functional monitors. For components or components. This can help vehicle events (i.e., how often each monitor has systems that are routinely used to operators avoid more costly repairs that run) to the number of driving events perform functions that are crucial to could have resulted had the first (i.e., how often has the vehicle been maintaining low emissions but may still malfunction gone undetected. operated). Our final rule contains this require monitoring under fairly limited Infrequent monitoring can also have requirement as did our proposal. In conditions, monitors are required to run an impact on the service and repair general, we have not changed the each and every time the manufacturer- industry. Specifically, monitors that requirements associated with defined enable conditions are present. have unreasonable or overly restrictive determination of this minimum Examples of multiple times per drive enable conditions could hinder vehicle performance ratio. However, we have cycle monitors typically include input repair services. In general, upon made some minor changes. comprehensive component rationality completing an OBD-related repair to an The first of these is the way in which monitors and some exhaust engine, a technician will attempt to the denominator of the ratio is aftertreatment monitors. verify that the repair has indeed fixed determined for diesel engines. The ratio

46 This minimum acceptable ratio applies in model years 2013 and later, as was proposed.

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of these two numbers would give an operating relative to vehicle operation. indication of how often the monitor is In equation form, this can be stated as:

Number of Monitoring Events (Nummerator) In -Use Performance (Ratio) = Number of Driving Events (Denomin ator)

Specifically, we have changed the accordance with the following intrusive operation of the secondary air denominator provisions which stated specifications. These specifications have system later in the same drive cycle that the denominator would be not changed from the proposal. solely for the purpose of monitoring incremented if, on a single key start, the The numerator(s) are defined as a may not, by itself, be sufficient to meet following criteria were satisfied while measure of the number of times a these criteria. ambient temperature remained above 20 vehicle has been operated such that all The third bullet item above requires degrees Fahrenheit and altitude monitoring conditions necessary for a explanation. There may be monitors remained below 8,000 feet: specific monitor to detect a malfunction designed to use what could be termed • Minimum engine run time of 10 have been encountered. Except for a two stage or two step process. The first minutes; systems using alternative statistical MIL step is usually a passive and/or short • Minimum of 5 minutes, illumination protocols, the numerator is evaluation that can be used to ‘‘pass’’ a cumulatively, of operation at vehicle to be incremented by an integer of one. properly working component where speeds greater than 25 miles-per-hour The numerator(s) may not be ‘‘pass’’ refers to evaluating the for gasoline engines or calculated load incremented more than once per drive component and determining that it is greater than 15 percent for diesel cycle. The numerator(s) for a specific not malfunctioning. The second step is engines; and monitor would be incremented within usually an intrusive and/or longer • At least one continuous idle for a 10 seconds if and only if the following evaluation that is necessary to ‘‘fail’’ a minimum of 30 seconds encountered. criteria are satisfied on a single drive malfunctioning component or ‘‘pass’’ a For the final rule, the second bullet cycle: component nearing the point of failure. has been changed to read: • An example of such an approach might • Every monitoring condition Minimum of 5 minutes, necessary for the monitor of the specific be an evaporative leak detection cumulatively, of operation at vehicle component to detect a malfunction and monitor that uses an intrusive vacuum speeds greater than 25 miles-per-hour store a pending DTC has been satisfied, pull-down/bleed-up evaluation during for gasoline engines or engine speeds including enable criteria, presence or highway cruise conditions. If the greater than 1,150 rotations per minute absence of related DTCs, sufficient evaporative system is sealed tight, the (RPM) for diesel engines. We are also length of monitoring time, and monitor ‘‘passes’’ and is done with allowing diesel engines to employ the diagnostic executive priority testing for the given drive cycle. If the gasoline criteria for the years 2010 assignments (e.g., diagnostic ‘‘A’’ must monitor senses a leak close to the through 2012 but not thereafter.47 execute prior to diagnostic ‘‘B’’). For the required detection limit, the monitor We have made this change because purpose of incrementing the numerator, does not ‘‘pass’’ and an internal flag is we believe that the 1,150 RPM criterion stored that will trigger the second stage is a better measure of work than the satisfying all the monitoring conditions necessary for a monitor to determine of the test during the next cold start 15% load criterion. The purpose of the when a more accurate evaluation can be time at load (i.e., 5 minutes of engine that the component is passing may not, by itself, be sufficient to meet this conducted. On the next cold start, load above 15%) was to have criteria provided the internal flag is set, an that would represent that an engine had criteria. • For monitors that require multiple intrusive vacuum pull-down/bleed up been doing work for at least 5 minutes stages or events in a single drive cycle monitor might be conducted during (300 seconds). After consideration, we engine idle a very short time after the have decided that engine speed above to detect a malfunction, every cold start. This second evaluation stage, 1,150 RPM for 5 minutes is a better monitoring condition necessary for all being at idle and cold, gives a more measure of engine work. events to have completed must be satisfied. accurate indication of the evaporative 2. Performance Tracking Requirements • For monitors that require intrusive system’s integrity and provides for a a. In-Use Monitoring Performance Ratio operation of components to detect a more accurate decision regarding the Definition malfunction, a manufacturer would be presence and size of a leak. required to request Administrator In this example, the second stage of For monitors required to meet the in- approval of the strategy used to this monitor would run less frequently use performance tracking determine that, had a malfunction been in real use than the first stage since it 48 requirements, we are requiring that present, the monitor would have is activated only on those occasions the incrementing of numerators and detected the malfunction. Administrator where the first stage suggests that a leak denominators and the calculation of the approval of the request would be based may be present (which most cars will in-use performance ratio be done in on the equivalence of the strategy to not have). The rate-based tracking actual intrusive operation and the requirements are meant to give a 47 See § 86.010–18(d)(4). ability of the strategy to determine measure of how often a monitor could 48 These monitors, as presented in section II.A.3 (also see 86.010–18(e)(1)), are, for diesel engines: accurately if every monitoring condition detect a malfunction. To know the right The NMHC catalyst, the CDPF system, the NOX was satisfied as necessary for the answer, we need to know how often the adsorber system, the NOX converting catalyst intrusive event to occur. first stage is running and could ‘‘fail’’, system, and the boost system; and, for gasoline • For the secondary air system thus triggering the second stage, and engines: The catalyst, the evaporative system, and the secondary air system; and, for all engines, the monitor, the three criteria above are then how often the second stage is exhaust gas sensors, the EGR system, and the VVT satisfied during normal operation of the completing. If we track only the first system. secondary air system. Monitoring during stage, we would get a false indication of

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how often the monitor could really incrementing specified above for • Components or systems that operate detect a leak. But, if we track only the monitors using the standard MIL only at engine start-up (e.g., glow plugs, second stage, most cars would never illumination protocol, and the overall intake air heaters) and are subject to increment the counter since most cars equivalence of their incrementing monitoring under ‘‘other emission do not have leaks and would not trigger approach in determining that the control systems’’ or comprehensive stage two. minimum acceptable in-use component output components. In considering this, we see two performance ratio has been satisfied. For purposes of determining this possible solutions: (1) Always activate Regarding the denominator(s), defined commanded ‘‘on’’ time, the OBD system the second stage evaluation in which as a measure of the number of times a may not include time during intrusive case there would be an intrusive vehicle has been operated, we are operation of any of the components or monitor being performed that does not requiring that it also be incremented by strategies later in the same drive cycle really need to be performed; or, (2) an integer of one.50 The denominator(s) solely for the purposes of monitoring. implement a ‘‘ghost’’ monitor that may not be incremented more than once In addition to the requirements above, pretends that the first stage evaluation per drive cycle. The general the denominator(s) for the monitors of triggers the second stage evaluation and denominator and the denominators for the following output components then also looks for when the second each monitor would be incremented (except those operated only at engine stage evaluation could have completed within 10 seconds if and only if the start-up as outlined above) must be had it been necessary. The third bullet following criteria are satisfied on a incremented if and only if the item in the list above requires that, if a single drive cycle during which ambient component is commanded to function manufacturer intends to implement a temperature remained at or above 20 (e.g., commanded ‘‘on’’, ‘‘open’’, two stage monitor and intends to degrees Fahrenheit and altitude ‘‘closed’’, ‘‘locked’’) two or more times implement such a ‘‘ghost’’ monitor as remained below 8,000 feet: during the drive cycle or for a time described here for rate based tracking, • Cumulative time since the start of greater than or equal to 10 seconds, great care must be taken to ensure that the drive cycle is greater than or equal whichever occurs first: it is being done correctly and properly. to 600 seconds (10 minutes); • Variable valve timing and/or For monitors that can generate results • Cumulative gasoline engine control system in a ‘‘gray zone’’ or ‘‘non-detection operation at or above 25 miles per hour • ‘‘Other emission control systems’’ zone’’ (i.e., results that indicate neither or diesel engine operation at or above • Comprehensive component (output a passing system nor a malfunctioning 1,150 RPM, either of which occurs for component only, e.g., turbocharger system) or in a ‘‘non-decision zone’’ greater than or equal to 300 seconds (5 waste-gates, variable length manifold (e.g., monitors that increment and minutes); and runners) decrement counters until a pass or fail • Continuous engine operation at idle For monitors of the following threshold is reached), the manufacturer (e.g., accelerator pedal released by the components, the manufacturer may use is responsible for incrementing the driver, engine speed less than or equal alternative or additional criteria to that numerator appropriately. In general, the to 200 rpm above normal warmed-up set forth above for incrementing the numerator should not be incremented idle or vehicle speed less than or equal denominator. To do so, the when the monitor indicates a result in to one mile per hour) for greater than or manufacturer would need to be able to the ‘‘non-detection zone’’ or prior to the equal to 30 seconds. demonstrate that the criteria would be monitor reaching a decision. When In addition to the requirements above, equivalent to the criteria outlined above necessary, the manufacturer will be the evaporative system monitor at measuring the frequency of monitor expected to have data and/or denominator(s) must be incremented if operation relative to the amount of engineering analyses demonstrating the and only if: engine operation: expected frequency of results in the • Cumulative time since the start of • Engine cooling system input ‘‘non-detection zone’’ and the ability of the drive cycle is greater than or equal components the monitor to determine accurately, to 600 seconds (10 minutes) while at an • ‘‘Other emission control systems’’ had an actual malfunction been present, ambient temperature of greater than or • Comprehensive component input whether or not the monitor would have equal to 40 degrees Fahrenheit but less components that require extended detected a malfunction instead of a than or equal to 95 degrees Fahrenheit; monitoring evaluation (e.g., stuck fuel result in the ‘‘non-detection zone.’’ 49 and level sensor rationality), and For monitors that run or complete • Engine cold start occurs with temperature sensor rationality monitors their evaluation with the engine off, the engine coolant temperature at engine • DPF regeneration frequency numerator must be incremented either start greater than or equal to 40 degrees For monitors of the following within 10 seconds of the monitor Fahrenheit but less than or equal to 95 components or other emission controls completing its evaluation in the engine degrees Fahrenheit and less than or that experience infrequent regeneration off state, or during the first 10 seconds equal to 12 degrees Fahrenheit higher events, the manufacturer may use of engine start on the subsequent drive than ambient temperature at engine alternative or additional criteria to that cycle. start. set forth above for incrementing the Manufacturers using alternative In addition to the requirements above, denominator. To do so, the statistical MIL illumination protocols the denominator(s) for the following manufacturer would need to ensure that for any of the monitors that require a monitors must be incremented if and the criteria would be equivalent to the numerator would be required to only if the component or strategy is criteria outlined above at measuring the increment the numerator(s) commanded ‘‘on’’ for a time greater than frequency of monitor operation relative appropriately. The manufacturer may be or equal to 10 seconds: to the amount of engine operation: required to provide supporting data • Gasoline secondary air system; • NMHC converting catalysts and/or engineering analyses • Cold start emission reduction • Diesel particulate filters demonstrating both the equivalence of strategy; For hybrid engine systems, engines their incrementing approach to the that employ alternative engine start 50 See 86.010–18(d)(4) for details on the hardware or strategies (e.g., integrated 49 See 86.010–18(d)(3)(iii). denominator. starter and generators), or alternative

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fueled engines (e.g., dedicated, bi-fuel, pending DTC erased through self- Similarly, for the in-use performance or dual-fuel applications), the clearing or by a scan tool command). ratio, determining which corresponding manufacturer may request The in-use performance monitoring numerator and denominator to report as Administrator approval to use ratio itself is defined as the numerator required for specific components or alternative criteria to that set forth above for the given monitor divided by the systems that have multiple monitors for incrementing the denominator. In denominator for that monitor. that are required to be reported—e.g., general, approval would not be given for exhaust gas sensor bank 1 may have b. Standardized Tracking and Reporting alternative criteria that only employ multiple monitors for sensor response or of Monitor Performance engine shut off at or near idle/vehicle other sensor characteristics—the ratio stationary conditions. Approval of the Consistent with our proposal, we are should be calculated as discussed in alternative criteria would be based on requiring that the OBD system section II.F.5.56 the equivalence of the alternative separately report an in-use monitor The ignition cycle counter is defined criteria at determining the amount of performance numerator and as a counter that indicates the number engine operation relative to the measure denominator for each of the following of ignition cycles a vehicle has of conventional engine operation in components: 53 experienced. The ignition cycle counter accordance with the criteria above. • For diesel engines: NMHC catalyst must also be reported as discussed in section II.F.5.57 The ignition cycle bank 1, NMHC catalyst bank 2, NOX The numerators and denominators counter, when incremented, should be may need to be disabled at some catalyst bank 1, NOX catalyst bank 2, exhaust gas sensor bank 1, exhaust gas incremented by an integer of one. The times.51 To do this, within 10 seconds ignition cycle counter may not be of a malfunction being detected (i.e., a sensor bank 2, EGR/VVT system, DPF system, turbo boost control system, and incremented more than once per pending, MIL-on, or active DTC being ignition cycle. The ignition cycle the NOX adsorber. The OBD system stored) that disables a monitor required counter should be incremented within to meet the performance tracking must also report a general denominator and an ignition cycle counter in the 10 seconds if and only if the engine requirements,52 the OBD system must exceeds an engine speed of 50 to 150 disable further incrementing of the standardized format discussed below and in section II.F.5. rpm below the normal, warmed-up idle corresponding numerator and speed (as determined in the drive • For gasoline engines: catalyst bank denominator for each monitor that is position for vehicles equipped with an 1, catalyst bank 2, oxygen sensor bank disabled. When the malfunction is no automatic transmission) for at least two 1, oxygen sensor bank 2, evaporative longer detected (e.g., the pending DTC seconds plus or minus one second. The leak detection system, EGR/VVT system, is erased through self-clearing or OBD system should disable further and secondary air system. The OBD through a scan tool command), incrementing of the ignition cycle system must also report a general incrementing of all corresponding counter within 10 seconds if a denominator and an ignition cycle numerators and denominators should malfunction has been detected in any counter in the standardized format resume within 10 seconds. Also, within component used to determine if engine specified below and in section II.F.5. 10 seconds of the start of a power speed or time of operation has been The OBD system will be required to takeoff unit (PTO) that disables a satisfied and the corresponding pending report a separate numerator for each of monitor required to meet the DTC has been stored. The ignition cycle the components listed in the above performance tracking requirements, the counter may not be disabled from bullet lists. For specific components or OBD system should disable further incrementing for any other condition. systems that have multiple monitors incrementing of the corresponding Incrementing of the ignition cycle that are required to be reported—e.g., numerator and denominator for each counter should resume within 10 exhaust gas sensor bank 1 may have monitor that is disabled. When the PTO seconds after the malfunction is no multiple monitors for sensor response or operation ends, incrementing of all longer present (e.g., pending DTC erased other sensor characteristics—the OBD corresponding numerators and through self-clearing or by a scan tool system should separately track denominators should resume within 10 command). seconds. The OBD system must disable numerators and denominators for each further incrementing of all numerators of the specific monitors and report only F. Standardization Requirements and denominators within 10 seconds if the corresponding numerator and Consistent with our proposal, the a malfunction has been detected in any denominator for the specific monitor final regulation includes requirements component used to determine if: that has the lowest numerical ratio. If for manufacturers to standardize certain Vehicle speed/calculated load; ambient two or more specific monitors have features of the OBD system.58 Effective temperature; elevation; idle operation; identical ratios, the corresponding standardization assists all repair engine cold start; or, time of operation numerator and denominator for the technicians in diagnosing and repairing has been satisfied, and the specific monitor that has the highest malfunctions by providing equal access corresponding pending DTC has been denominator should be reported for the to essential repair information, and stored. Incrementing of all numerators specific component. The numerator(s) requires structuring the information in a and denominators should resume must be reported as discussed in section common format from manufacturer to 54 within 10 seconds when the II.F.5. manufacturer. Additionally, the malfunction is no longer present (e.g., The OBD system will also be required standardization will help to facilitate to report a separate denominator for the potential use of OBD checks in 51 See 86.010–18(d)(5). each of the components listed in the heavy-duty inspection and maintenance 52 These monitors, as presented in section II.A.3, above bullet lists. The denominator(s) programs. are, for diesel engines: the NMHC catalyst, the must be reported as discussed in section The features that will be standardized CDPF system, the NOX adsorber system, the NOX II.F.5.55 include: converting catalyst system, and the boost system; and, for gasoline engines: the catalyst, the evaporative system, and the secondary air system; 53 See § 86.010–18(e)(1). 56 See § 86.010–18(e)(4). and, for all engines, the exhaust gas sensors, the 54 See § 86.010–18(e)(2). 57 See § 86.010–18(e)(5). EGR system, and the VVT system. 55 See § 86.010–18(e)(3). 58 See § 86.010–18(k).

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• The diagnostic connector, the 2. Diagnostic Connector Requirements Based on our similar experiences at computer communication protocol We have made no substantive changes the federal level with communication (beginning in model year 2013 as we relative to our proposal with respect to protocols giving rise to service and proposed); the diagnostic data link connector. The inspection/maintenance program issues, • The hardware and software one change we have made is simply to we initially wanted to propose a single specifications for tools used by service allow the Administrator to approve communication protocol for engines technicians; alternative locations for the connector. used in over 14,000 pound vehicles. • The information communicated by However, the affected industry has been the onboard computer and the methods We have made this change to accommodate certain applications such divided over which single protocol for accessing that information; should be required and has strongly • as buses in which the required location The numeric designation of the argued for more than one protocol to be DTCs stored when a malfunction is would not work well. Note that the requirements for model years 2013 and allowed. Therefore, for vehicles with detected; and diesel engines, we proposed and are • The terminology used by later now appear in § 86.010–18 rather than § 86.013–18 as in our proposal.59 allowing manufacturers use either the manufacturers in their service manuals. standards set forth in SAE J1939, or Also consistent with our proposal, 3. Communications to a Scan Tool those set forth in the 500 kbps baud rate only a certain minimum set of version of ISO 15765. For vehicles with emissions-related information must be In light-duty OBD, manufacturers are gasoline engines, we are requiring that made available through the allowed to use one of four protocols for manufacturers use the 500 kbps baud standardized format, protocol, and communication between a generic scan rate version of ISO 15765.60 connector. We are not limiting engine tool and the vehicle’s onboard Manufacturers would be required to use manufacturers as to what protocol they computer. A generic scan tool only one standard to meet all the use for engine control, communication automatically cycles through each of the standardization requirements on a between onboard computers, or allowable protocols until it hits upon single vehicle; that is, a vehicle must communication to manufacturer- the proper one with which to establish use only one protocol for all OBD specific scan tools or test equipment. communication with the particular modules on the vehicle. Further, we are not prohibiting engine onboard computer. While this has manufacturers from equipping the generally worked successfully in the As noted above, some manufacturers vehicle with additional diagnostic field, some communication problems have expressed interest in the ISO connectors or protocols as required by have arisen. 27145 standard. That standard is being other suppliers or purchasers. For In an effort to address these problems, developed as part of the Worldwide example, fleets that use data logging or CARB has made recent changes to their Harmonized Heavy-duty OBD global other equipment that requires the use of light-duty OBDII regulation that require technical regulation (WWH–OBD).61 As SAE J1587 communication and all light-duty vehicle manufacturers to of this writing, that ISO standard is not connectors could still be installed and use only one communication protocol available. Should it become available in supported by the engine and vehicle by the 2008 model year. In making these time for model year 2013 and later manufacturers. The OBD rules only changes, CARB staff argued that their implementation, we will consider require that engine manufacturers also experience with standardization under allowing that standard and may issue a equip their vehicles with a specific the OBD II regulation showed that technical amendment, direct final rule, connector and communication protocol having a single set of standards used by or proposed rule to address it. all vehicles would be desirable. CARB that meet the standardized requirements 4. Required Emissions Related staff argued that a single protocol offers to communicate a minimum set of Functions emissions-related diagnostic, service a tremendous benefit to both scan tool and, potentially, inspection information. designers and service technicians. Scan We have made only a few changes in tool designers could focus on added the final rule relative to our proposal. 1. Reference Documents feature content and could expend much We believe that all of these changes are We are requiring that OBD systems less time and money validating basic minor and serve to ease the burden on comply with the provisions laid out in functionality of their product on all the manufacturers without sacrificing our certain Society of Automotive Engineers various permutations of protocol OBD program. The first change is that (SAE) and/or International Organization interpretations that are implemented. In made to the permanent DTC erasure of Standards (ISO) documents that are turn, technicians would likely get a scan provisions.62 The final provisions incorporated by reference (IBR) into tool that works properly on all vehicles provide more clarity and flexibility to federal regulation. Details regarding without the need for repeated software manufacturers in cases where stored these SAE and ISO documents can be updates that incorporate ‘‘work- DTC information has been erased via found in § 86.1(b) and in § 86.010–18(k). arounds’’ or other patches to fix bugs or scan tool or battery disconnect. These Notably, we are requiring that OBD adapt the tool to accommodate slight changes are consistent with changes systems on engines placed in over variances in how the multiple protocols made to CARB’s OBDII regulation in 14,000 pound vehicles use either the interact with each other or are 2007 and changes we believe CARB will SAE J1939 or the ISO 15765–4:2005(E) implemented by various manufacturers. make when revising their HDOBD communication protocols. Note that Further, a single protocol should also be regulation (expected in 2009). some manufacturers have expressed beneficial to fleet operators that use interest in the ISO 27145 standard. As add-on equipment such as data loggers, 60 See § 86.010–18(k)(3). of this writing, that standard is not and for vehicle manufacturers that 61 Global Technical Regulation Number 5: available. Should it become available in integrate parts from various engine and Technical Requirements for On-board Diagnostic time for model year 2013 and later component suppliers all of which must Systems for Road Vehicles; ECE/TRANS/180/ implementation, we will consider Add.5; 23 January 2007, see http://www.unece.org/ work together. trans/main/wp29/wp29wgs/wp29gen/wp29glob_ allowing that standard and may issue a registry.html. technical amendment, direct final rule, 59 See proposed §§ 86.010–18(k)(2) and 86.013– 62 See proposed § 86.010–18(b)(3)(iii) and or proposed rule to address it. 18(k)(2) and compare to final § 86.010–18(k)(2). compare to the final § 86.010–18(b)(3)(iii).

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We have also made a slight change to scan tool in order of priority which 6. Exceptions to Standardization the definition of idle where we require should minimize if not eliminate Requirements that the OBD system track engine run- possible confusion. We have made a time and track the amount of time corresponding change to the CVN For alternative-fueled engines derived operating in idle mode. The provision requirements for systems using the from a diesel-cycle engine, we are removes the phrase ‘‘vehicle speed less multiple CAL ID provision. allowing the standardized requirements than 1 mph’’ and replaces it with discussed in this section that are 5. In-Use Performance Ratio Tracking ‘‘engine speed less than or equal to 200 applicable to diesel engines rather than Requirements rpm above normal warmed-up idle or meeting the requirements applicable to vehicle speed less than 1 mph.’’ We To separately report an in-use gasoline engines. have made this change to be consistent performance ratio for each applicable G. Implementation Schedule, In-Use with industry request, and because we monitor as discussed in sections II.B Liability, and In-Use Enforcement believe it does not sacrifice our intent in through II.D, we proposed that any way.63 manufacturers be required to implement 1. Implementation Schedule and In-Use We have also made minor changes to software algorithms to report a Liability Provisions the CAL ID and CVN requirements.64 numerator and denominator in a These changes allow for multiple CAL standardized format. We have made no Table II.G–1 summarizes the IDs per diagnostic or emission critical changes to those requirements in the implementation schedule for the OBD control unit. Our proposal allowed for final rule, with the exception of the monitoring requirements, the only one. We would prefer that there be minor change to the definition of idle certification requirements, and the in- only one for the sake of minimizing from ‘‘vehicle speed less than one mile use liabilities. This implementation confusion. Manufacturers would be per hour’’ to ‘‘engine speed less than or schedule is identical to the proposed required to get Administrator approval equal to 200 rpm above normal warmed- schedule. More detail regarding the to use multiple CAL IDs and would also up idle and vehicle speed less than or implementation schedule and liabilities be required to communicate these to the equal to one mile per hour.’’ 65 can be found in the sections that follow.

TABLE II.G–1—OBD CERTIFICATION REQUIREMENTS AND IN-USE LIABILITY FOR DIESEL FUELED AND GASOLINE FUELED ENGINES OVER 14,000 POUNDS

Model year Applicability Certification requirement In-use liability

2010–2012 ...... Parent rating within 1 compliant engine Full liability to thresholds according to Full liability to 2x thresholds.c family.a certification demonstration proce- dures.b Child ratings within the compliant en- Certification documentation only (i.e., no Liability to monitor and detect as noted gine family. certification demonstration); no liabil- in certification documentation. ity to thresholds. All other engine families and ratings ..... None ...... None. 2013–2015 ...... Parent rating from 2010–2012 and par- Full liability to thresholds according to Full liability to 2x thresholds. ent rating within 1–2 additional engine certification demonstration procedures. families. Child ratings from 2010–2012 and par- Full liability to thresholds but certifi- Full liability to 2x thresholds. ent ratings from any remaining engine cation documentation only. families or OBD groups.d Additional engine ratings ...... Certification documentation only; no li- Liability to monitor and detect as noted ability to thresholds. in certification documentation. 2016–2018 ...... One rating from 1–3 engine families Full liability to thresholds according to Full liability to thresholds. and/or OBD groups. certification demonstration procedures. Remaining ratings...... Full liability to thresholds but certifi- Full liability to 2x thresholds. cation documentation only. 2019+ ...... One rating from 1–3 engine families Full liability to thresholds according to Full liability to thresholds. and/or OBD groups. certification demonstration procedures. Remaining ratings...... Full liability to thresholds but certifi- Full liability to thresholds. cation documentation only. Notes: (a) Parent and child ratings are defined in section II.G; which rating(s) serves as the parent rating and which engine families must com- ply is not left to the manufacturer, as discussed in section II.G. (b) The certification demonstration procedures and the certification documentation requirements are discussed in section VII. (c) Where in-use liability to thresholds and 2x thresholds is noted, manufacturer liability to monitor and detect as noted in their certification documentation is implied. (d) OBD groups are groupings of engine families that use similar OBD strategies and/or similar emissions control systems, as described in the text.

As we proposed, for the 2010 through that SCR equipped vehicles will not be that their resources are stretched to the 2012 model years, manufacturers are operated without urea). For 2013, limit developing and testing strategies required to implement OBD on one manufacturers are required to for compliance with the 2007/2010 engine family. All other 2010 through implement OBD on all engine families. heavy-duty highway emissions 2012 engine families are not subject to We are setting this implementation standards. We do not want to jeopardize any OBD requirements unless otherwise schedule for several reasons. First, their success toward that goal by being required to do so (e.g., to demonstrate industry has made credible arguments too aggressive with our OBD program.

63 See proposed § 86.010–18(k)(6)(i)(B) and 64 See proposed § 86.010–18(k)(4)(vi) and 65 See final §§ 86.010–18(k)(5) and 86.010– compare to final § 86.010–18(k)(6)(i)(B). (k)(4)(vii)(A) and compare to final § 86.010– 18(k)(6). 18(k)(4)(vi) and (k)(4)(vii)(A).

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Second, OBD is a complex and difficult and, as a result, 100 percent compliant engine family in 2010—yet regulation with which to comply. We implementation in 2010 would be maximize the impact of the OBD believe that our implementation analogous to implementing 10 to 20 system. Therefore, for model years 2010 schedule would give industry the years of OBD learning in one through 2012, we are defining the OBD opportunity to introduce OBD systems implementation step. We believe that parent rating as the rating having the on a limited number of engines giving implementing slowly rather than one highest weighted projected sales within them and us very valuable learning big step will benefit everyone involved. the engine family having the highest experience. Should mistakes or errors in Table II.G–1 makes reference to weighted projected sales, with sales regulatory interpretation occur, the ‘‘parent’’ and ‘‘child’’ ratings. In general, being weighted by the useful life of the ramifications would be limited to only engine manufacturers certify an engine engine rating. We have added a new family that consists of several ratings a subset of the new vehicle fleet rather provision that allows the Administrator than the entire new vehicle fleet. Lastly, having slightly different horsepower to approve an alternative rating as the the OBD requirements and the and/or torque characteristics but no parent rating than that described by this production vehicle evaluation differences large enough to require a different engine family designation. For text and this represents a slight provisions (discussed in Section VII), 66 reflect 10 to 20 years of learning by EPA, emissions certification, the parent departure from the proposal. Table CARB, and industry (primarily the light- rating—i.e., the rating for which II.G–2 presents a hypothetical example duty gasoline industry) as to what works emissions data are submitted to EPA for for how this would work absent and what does not work. This is, the purpose of demonstrating emissions Administrator approval to do otherwise. perhaps, especially true for those OBD compliance—is defined as the ‘‘worst Using this approach, the OBD compliant elements that involve the interface case’’ rating. This worst case rating is engine family in 2010 would be the between the OBD system and service the rating considered as having the engine family projected to produce the and I/M inspection personnel. Gasoline worst emissions performance and, most in-use emissions (based on sales manufacturers have had the ability to therefore, its compliance demonstrates weighted by expected miles driven). evolve their OBD systems along with that all other ratings within the family Likewise, the fully liable parent OBD this learning process. However, diesel must comply. For OBD purposes, we rating would be the rating within that engine manufacturers have not really want to limit the burden on industry— family projected to produce the most in- been involved in this learning process hence the requirement for only one use emissions.

TABLE II.G–2—HYPOTHETICAL EXAMPLE OF HOW THE OBD PARENT AND CHILD RATINGS WOULD BE DETERMINED

OBD OBD OBD group Engine family Rating Projected Certified useful weighting— weighting— sales life engine rating a engine family b (billions) (billions)

I ...... A 1 10,000 285,000 2.85 14.25 2 40,000 285,000 11 .4 ...... B 1 10,000 435,000 4.35 21.60 2 20,000 435,000 8.70 ...... 3 30,000 285,000 8.55 ...... II ...... C 1 20,000 110,000 2.20 7.70 2 50,000 110,000 5.50 ...... Notes: (a) For engine family A, rating 1, 10,000 × 285,000/1 billion = 2.85. (b) For engine family A, 2.85 + 11.4 = 14.25.

In the example shown in Table II.G– regulations would not require that a calibrations on child ratings and the 2, the compliant engine family in 2010 manufacturer with only three engine rationale for them will need to be very would be engine family B and the families have three parent ratings and clearly described in the certification parent OBD rating within that family instead would require only one). documentation. would be rating 2. The other OBD The manufacturer does not need to For the 2013 and later model years, compliant ratings within engine family submit test data demonstrating we are requiring that manufacturers B would be dubbed the ‘‘child’’ ratings. compliance with the emissions certify one to three parent ratings. The For model years 2013 through 2015, the thresholds for the child ratings. We actual number of parent ratings would parent ratings would be those ratings would fully expect these child ratings to depend upon the manufacturer’s fleet having the highest weighted projected use OBD calibrations—i.e., malfunction and would be based on both the sales within each of the one to three trigger points—that are identical or emissions control system architectures engine families having the highest nearly so to those used on the parent present in their fleet and the weighted projected sales, with sales rating. However, we would allow similarities/differences of the engine being weighted by the useful life of the manufacturers to revise the calibrations families in their fleet. For example, a engine rating. In the example shown in on their child ratings where necessary manufacturer that uses a DPF with NOX Table II.G–2, the parent ratings would so as to avoid unnecessary or adsorber on each of the engines would be rating 2 of engine family A, rating 2 inappropriate MIL illumination. Such have only one system architecture. of engine family B, and rating 2 of revisions to OBD calibrations have been Another manufacturer that uses a DPF engine family C (Note that this is only termed ‘‘extrapolated’’ OBD calibrations with NOX adsorber on some engines and for illustration purposes since the and/or systems. The revisions to the a DPF with SCR on others would have

66 See § 86.010–18(o)(1)(i) and (o)(2)(ii)(B) to see this new provision.

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at least two architectures. We expect monitor on an in-use engine will not be determine that the DPF was functioning that manufacturers will group similar considered non-compliant (i.e., subject properly since its backpressure was in architectures and similar engine to enforcement action) unless emissions the acceptable range. For model years families into so called ‘‘OBD groups.’’ exceed twice the OBD threshold without 2013 through 2015, this same in-use These OBD groups would consist of a detection of a malfunction. For example, relaxation will apply to those engine combination of engines, engine families, for an EGR monitor on an engine with families that do not lie within an engine or engine ratings that use the same OBD a NOX FEL of 0.2 g/bhp–hr and an OBD family for which a parent rating has strategies and similar calibrations. The threshold of 0.5 g/bhp–hr (i.e., the NOX been certified. For 2016 and later model manufacturer will be required to submit FEL+0.3), a manufacturer would not be years, all engines will have some in-use details regarding their OBD groups as subject to enforcement action unless liability to thresholds, either the part of their certification documentation emissions exceed 1.0 g/bhp–hr NOX certification thresholds or twice those that shows the engine families and without a malfunction being detected. thresholds. engine ratings within each OBD group For the model years 2016 through 2018, These in-use relaxations are meant to for the coming model year. While a parent ratings will be liable to the provide ample time for manufacturers to manufacturer may end up with more certification emissions thresholds, but gain experience without an excessive than three OBD groups, we do not child ratings and other ratings would be level of risk for mistakes. They also intend to require a parent rating for liable to twice the certification allow manufacturers to fine-tune their more than three OBD groups. Therefore, thresholds. Beginning in the 2019 model calibration techniques over a six to ten in the example shown in Table II.G–2, year, all families and all ratings would year period. rather than submitting test data for the be liable to the certification thresholds. three parent ratings as suggested above, The second in-use relaxation is a We are also requiring a specific the OBD grouping would result in the limitation in the number of engines that implementation schedule for the parent ratings being rating 2 of engine will be liable for in-use compliance with standardization requirements discussed family B and rating 2 of engine family the OBD emissions thresholds. in section II.F. We initially intended to C. These parents would represent OBD Consistent with our proposal, for 2010 require that any compliant OBD engine groups I and II, and the manufacturer’s through 2012, we are requiring that family would be required to implement product line. For 2013 through 2015, we manufacturers be fully liable in-use to all of the standardization requirements. will allow the 2010 parent to again act twice the thresholds for only the OBD However, we became concerned that, as a parent rating and, provided no parent rating. The child ratings within during model years 2010 through 2012, significant changes had been made to the compliant engine family would have we could have a situation where OBD the engine or its emissions control liability for monitoring in the manner compliant engines from manufacturer A system, complete carryover would be described in the certification might be competing against non-OBD possible. However, for model years 2016 documentation, but would not have engines from manufacturer B for sales in and beyond, we would work closely liability for detecting a malfunction at the same truck. In such a case, the truck with CARB staff and the manufacturer the specified emissions thresholds. For builder would be placed in a difficult to determine the parent ratings so that example, a child rating’s DPF monitor position of needing to design their truck the same ratings are not acting as the designed to operate under conditions X, to accommodate OBD compliant parents every year. In other words, our Y, and Z and calibrated to detect a engines—along with a standardized definitions for the OBD parent ratings as backpressure within the range A to B MIL, a specific diagnostic connector discussed here apply only during the would be expected to do exactly that location specification, etc.—and non- years 2010 through 2012 and again for during in-use operation. However, if the OBD engines. After consideration of this the years 2013 through 2015. tailpipe emissions of the child engine almost certain outcome, we decided to Also consistent with our proposal are were to exceed the applicable OBD in- limit the standardization requirements the relaxations for in-use liability during use thresholds (i.e., 2x the certification that must be met during the 2010 the 2010 through 2018 model years. The thresholds during 2010–2015), despite through 2012 model years. Beginning in first such relaxation is higher interim in- having a backpressure within range A to 2013, all engines will be OBD compliant use compliance standards for those OBD B under conditions X, Y, and Z, there and this would become a moot issue. monitors calibrated to specific would be no in-use OBD failure nor Table II.G–3 shows the implementation emissions thresholds. For the 2010 cause for enforcement action. In fact, we schedule for standardization through 2015 model years, an OBD would expect the OBD monitor to requirements.

TABLE II.G–3—OBD STANDARDIZATION REQUIREMENTS FOR DIESEL FUELED AND GASOLINE FUELED ENGINES OVER 14,000 POUNDS

Required standardization Waived standardization Model year Applicability features features

2010–2012 ...... Parent and Child ratings within 1 com- Emissions related functions (II.F.4) ex- Standardized connector (II.F.2). Dedi- pliant engine family a. cept for the requirement to make the cated (i.e., regulated OBD-only) MIL. data available in a standardized for- Communication protocols (II.F.3). mat or in accordance with SAE Emissions related functions (II.F.4) J1979/1939 specifications. MIL acti- with respect to the requirement to vation and deactivation.b Perform- make the data available in a stand- ance tracking—calculation of numera- ardized format or in accordance with tors, denominators, ratios. SAE J1979/1939 specifications. Other engine families ...... None ...... All. 2013+ ...... All engine families and ratings ...... All ...... None. Notes: a Parent and child ratings are defined in section II.G; which rating serves as the parent rating and which engine families must comply is not left to the manufacturer, as discussed in section II.G. b There would be no requirement for a dedicated MIL and no requirement to use a spe- cific MIL symbol, only that a MIL be used and that it use the specified activation/deactivation logic.

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2. In-Use Enforcement we pursue any in-use enforcement or some other supplier). In cases where When conducting our in-use action with respect to OBD. We are very remedial action such as an engine recall enforcement investigations into OBD familiar with the heavy-duty industry would be required, the certifying party systems, we intend to use all tools we and its tendency toward separate engine would take on the responsibility of have available to analyze the and component suppliers. This arranging to bring the engines or OBD effectiveness and compliance of the contrasts with the light-duty industry systems back into compliance. Given system. These tools may include on- which tends toward a more vertically that heavy-duty engines are already vehicle emission testing systems such as integrated structure. The non-vertically subject to various emission the portable emissions measurement integrated nature of the heavy-duty requirements including engine emission systems (PEMS). We may also use scan industry can present unique difficulties standards, labels, and certification, tools and data loggers to analyze the for OBD implementation and for OBD engine manufacturers currently impose data stream information to compare real enforcement. With the complexity of restrictions via signed agreements with world operation to the documentation OBD systems, especially those meeting engine purchasers to ensure that their provided at certification. today’s requirements, we expect the engines do not deviate from their Importantly, we do not intend to interactions between the various parties certified configuration when installed. pursue enforcement action against a involved—engine manufacturer, We expect the OBD system’s installation manufacturer for not detecting a failure transmission manufacturer, vehicle to be part of such agreements in the mode that could not have been manufacturer, etc.—to be further future. reasonably predicted or otherwise complicated. Nonetheless, in the end H. Changes to the Existing 8,500 to detected using monitoring methods the vast majority of the OBD 14,000 Pound Diesel OBD Requirements known at the time of certification. For requirements apply directly to the example, we are imposing a challenging engine and its associated emission We are also making final certain set of requirements for monitoring of controls, and the engine manufacturer changes to our OBD requirements for DPF systems. As of today, engine will have complete responsibility to diesel engines used in heavy-duty manufacturers are reasonably confident ensure that the OBD system performs vehicles under 14,000 pounds (see 40 in their ability to detect certain DPF properly in-use. Given the central role CFR 86.007–17 for engine-based failure modes at or near the final the engine and engine control unit plays requirements and 40 CFR 86.1806–05 thresholds—e.g., a leaking DPF resulting in the OBD system, we are requiring that for vehicle or chassis-based from a cracked substrate—but are not the party certifying the engine and OBD requirements). Table II.H–1 summarizes confident in their ability to detect some system (typically, the engine the changes to under 14,000 pound other DPF failure modes—e.g., a leaking manufacturer) be the responsible party heavy-duty diesel vehicle emissions DPF resulting from a partially melted for in-use compliance and enforcement thresholds at which point a component substrate. If a partially melted substrate actions. In this role, the certifying party or system has failed to the point of indeed cannot be detected and this is will be our sole point of contact for requiring an illuminated MIL and a known during the certification process, potential noncompliances identified stored DTC. Table II.H–2 summarizes we cannot expect such a failure to be during in-use or enforcement testing. the changes for diesel engines used in detected on an in-use vehicle.67 This We will leave it to the engine heavy-duty applications under 14,000 provision is consistent with our manufacturer to determine the ultimate pounds. The changes are meant to proposal. party responsible for the potential maintain consistency with the diesel We also want to make it clear who noncompliance (e.g., the engine OBD requirements for over 14,000 would be the responsible party should manufacturer, the vehicle manufacturer, pound applications.

TABLE II.H–1—NEW AND/OR CHANGES TO EXISTING, EMISSIONS THRESHOLDS FOR DIESEL FUELED CI HEAVY-DUTY VEHICLES UNDER 14,000 POUNDS (G/MI)

Component/monitor MY NMHC CO NOX PM

NMHC catalyst system ...... 2010–2012 2.5x ...... 2013+ 2x ...... NOX catalyst system ...... 2007–2009 ...... 4x ...... 2010–2012 ...... +0.6 ...... 2013+ ...... +0.3 ...... DPF system ...... 2010–2012 ...... 4x 2013+ ...... +0.04 Air-fuel ratio sensors upstream ...... 2007–2009 2.5x 2.5x 3x 4x 2010–2012 2.5x 2.5x +0.3 +0.02 2013+ 2x 2x +0.3 +0.02 Air-fuel ratio sensors downstream ...... 2007–2009 2.5x ...... 3x 4x 2010–2012 2.5x ...... +0.3 4x 2013+ 2x ...... +0.3 +0.04 NOX sensors ...... 2007–2009 ...... 4x 5x 2010–2012 ...... +0.6 4x 2013+ ...... +0.3 +0.04 ‘‘Other monitors’’ with emissions thresholds ...... 2007–2009 2.5x 2.5x 3x 4x 2010–2012 2.5x 2.5x +0.3 4x 2013+ 2x 2x +0.3 +0.02 Notes: MY=Model Year; 2.5x means a multiple of 2.5 times the applicable emissions standard; +0.3 means the standard plus 0.3; not all mon- itors have emissions thresholds but instead rely on functionality and rationality checks as described in section II.D.4.

67 See, for example, § 86.010–18(p)(1)(iv).

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TABLE II.H–2—NEW AND/OR CHANGES TO EXISTING, EMISSIONS THRESHOLDS FOR DIESEL FUELED CI ENGINES USED IN HEAVY-DUTY VEHICLES UNDER 14,000 POUNDS (G/BHP-HR)

Component/monitor MY Std/FEL NMHC CO NOX PM

NMHC catalyst system ...... 2010–2012 All 2.5x ...... 2013+ All 2x ...... NOX catalyst system ...... 2007–2009 >0.5 NOX ...... 1.75x ...... 2007–2009 <=0.5 NOX ...... +0.6 ...... 2010–2012 All ...... +0.6 ...... 2013+ All ...... +0.3 ...... DPF system ...... 2010–2012 All ...... 0.05/+0.04 2013+ All ...... 0.05/+0.04 Air-fuel ratio sensors upstream ...... 2007–2009 >0.5 NOX 2.5x 2.5x 1.75x 0.05/+0.04 2007–2009 <=0.5 NOX 2.5x 2.5x +0.5 0.05/+0.04 2010–2012 All 2.5x 2.5x +0.3 0.03/+0.02 2013+ All 2x 2x +0.3 0.03/+0.02 Air-fuel ratio sensors downstream ...... 2007–2009 >0.5 NOX 2.5x ...... 1.75x 0.05/+0.04 2007–2009 <=0.5 NOX 2.5x ...... +0.5 0.05/+0.04 2010–2012 All 2.5x ...... +0.3 0.05/+0.04 2013+ All 2x ...... +0.3 0.05/+0.04 NOX sensors ...... 2007–2009 >0.5 NOX ...... 1.75x 0.05/+0.04 2007–2009 <=0.5 NOX ...... +0.6 0.05/+0.04 2010–2012 All ...... +0.6 0.05/+0.04 2013+ All ...... +0.3 0.05/+0.04 ‘‘Other monitors’’ with emissions thresholds ...... 2007–2009 >0.5 NOX 2.5x 2.5x 1.75x 0.05/+0.04 2007–2009 <=0.5 NOX 2.5x 2.5x +0.5 0.05/+0.04 2010–2012 All 2.5x 2.5x +0.3 0.03/+0.02 2013+ All 2x 2x +0.3 0.03/+0.02 Notes: MY=Model Year; 2.5x means a multiple of 2.5 times the applicable emissions standard or family emissions limit (FEL); +0.3 means the standard or FEL plus 0.3; 0.05/+0.04 means an absolute level of 0.05 or an additive level of the standard or FEL plus 0.04, whichever level is higher; not all monitors have emissions thresholds but instead rely on functionality and rationality checks as described in section II.D.4.

1. NOX Aftertreatment Monitoring thresholds like those proposed for over identical to those we proposed. We are requiring that the 8,500 to 14,000 pound OBD. The final PM However, we have added the option to thresholds remain unchanged from the monitor the ability of the NMHC 14,000 pound NOX aftertreatment monitoring requirements mirror those proposal. We have eliminated the catalyst to generate a 100 degree C for engines used in vehicles over 14,000 proposed NMHC thresholds for the temperature rise, or to reach the pounds. The current regulations require same reasons we have eliminated the necessary regeneration temperature, detection of a NOX catalyst malfunction requirement to monitor NMHC within 60 seconds of initiating a before emissions exceed 1.5x the conversion of the DPF in the over regeneration event. We have added emissions standards. We do not believe 14,000 pound applications. The other criteria for this optional that such a tight threshold level is required monitoring conditions with monitoring approach to ensure that the appropriate for diesel SCR and lean respect to performance tracking necessary regeneration temperature is NOX catalyst systems. The final (discussed in section II.B.8.c) would not being sustained and that the thresholds are less stringent than apply for under 14,000 pound heavy- regeneration attempt be aborted should proposed until the 2013 model year duty applications since we do not have the regeneration temperature not be where they are consistent with our performance tracking requirements for reached or sustained properly. This proposal. We have made the thresholds under 14,000 pound applications. We makes the 8,500 to 14,000 pound less stringent for the same reasons as are requiring no new DPF monitoring provisions consistent with the over discussed in section II.B. The required requirements in the 2007 to 2009 model 14,000 pound provisions. years because there is not sufficient lead monitoring conditions with respect to 4. Other Monitors performance tracking (discussed in time for manufacturers to develop a new section II.B.6.c) would not apply for monitor. The new, more stringent The final requirements for ‘‘other under 14,000 pound heavy-duty monitoring requirements would begin in monitors’’ are identical to those we applications since we do not have the 2010 model year. Also, for 2010 proposed, except that we have revised performance tracking requirements for through 2012, we are providing the the NOX sensor monitor NOX threshold under 14,000 pound applications. We option to monitor and detect a decrease to +0.6 to be consistent with changes are proposing this change for the 2007 in the expected pressure drop across the made for other monitors discussed model year. DPF, consistent with the provisions for above. over 14,000 pound applications. This 5. CARB OBDII Compliance Option and 2. Diesel Particulate Filter System option is being made available only to Monitoring Deficiencies the engine certified systems since the We are requiring that the 8,500 to requirement is based on the engine We are also making final the proposed 14,000 pound DPF monitoring certification procedure. changes to our deficiency provisions for requirements mirror those discussed in vehicles and engines meant for vehicles section II.B.8. Our current regulations 3. NMHC Converting Catalyst under 14,000 pounds. We have included require detection of a catastrophic Monitoring specific mention of air-fuel ratio sensors failure only. The proposed monitoring The final requirements for NMHC and NOX sensors where we had long requirements contained emissions converting catalyst monitoring are referred only to oxygen sensors. We

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have also updated the referenced CARB related service information available via fuel system, and comprehensive OBDII document that can be used to the World Wide Web; (2) provide component monitoring. satisfy the federal OBD requirements.68 equipment and tool companies with (5) A listing of each monitor information that allows them to develop sequence, execution frequency and III. How Have the Service Information pass-through reprogramming tools; (3) typical duration. Availability Requirements Changed for (6) A listing of typical malfunction This Final Rule? make available enhanced diagnostic information to equipment and tool thresholds for each monitor. A. What is the Important Background manufacturers and to make available (7) For OBD parameters that deviate Information for the Provision Being OEM-specific diagnostic tools for sale; from the typical parameters, the OBD Finalized for Service Information (4) make available emissions-related description shall indicate the deviation Availability? training information. EPA has carefully for the vehicles it applies to and provide Section 202(m)(5) of the CAA directs considered the comments we have a separate listing of the typical values EPA to promulgate regulations requiring received on our proposed requirements. for those vehicles. (8) Identification and scaling OEMs to provide to: The service information provisions information necessary to interpret and Any person engaged in the repairing or finalized in today’s action provide maximum flexibility to engine understand data available to a generic servicing of motor vehicles or motor vehicle scan tool through Diagnostic Message 8 engines, and the Administrator for use by any manufacturers while still meeting the such persons, * * * any and all information intent of the Clean Air Act to ensure fair pursuant to SAE Recommended Practice needed to make use of the [vehicle’s] and reasonable access by aftermarket J1939–73 (revised September 2006). (9) Any information related to the emission control diagnostic system * * * service providers to service information service, repair, installation or and such other information including and tools needed to service and repairs instructions for making emission-related replacement of parts or systems emissions-related problems on heavy- diagnoses and repairs. developed by third party (Tier 1) duty engines. Such regulations are subject to the suppliers for OEMs, to the extent they requirements of section 208(c) regarding B. What Provisions are Being Finalized are made available to franchise protection of trade secrets; however, no for Service Information Availability? dealerships. such information may be withheld (10) Any information on other 1. What Information is the OEM systems that can directly effect the under section 208(c) if that information Required to Make Available? is provided (directly or indirectly) by emission system within a multiplexed the manufacturer to its franchised Today’s action requires OEMs to make system (including how information is dealers or other persons engaged in the available to any person engaged in the sent between emission-related system repair, diagnosing or servicing of motor repairing or servicing of heavy-duty modules and other modules on a vehicles. motor vehicles or motor vehicle engines multiplexed bus), On June 27, 2003 EPA published a above 14,000 pounds all information (11) Any information regarding any final rulemaking (68 FR 38428) which necessary to make use of the OBD system, component, or part of a vehicle set forth the Agency’s service systems and any information for making monitored by the OBD system that information regulations for light- and emission-related repairs, including any could in a failure mode cause the OBD heavy-duty vehicles and engines below emissions-related information that is system to illuminate the malfunction 14,000 pounds GVWR. These provided by the OEM to franchised indicator light (MIL). regulations, in part, required each dealers, beginning generally with (12) Any other information relevant to covered Original Equipment MY2010, though for the provisions the diagnosis and completion of an Manufacturer (OEM) to do the related to scan tool availability, we are emissions-related repair. This following: (1) OEMs must make full text allowing manufacturers until MY2013 information includes, but is not limited emissions-related service information to comply. This information includes, to, information needed to start the available via the World Wide Web. (2) but is not limited to, the following: vehicle when the vehicle is equipped OEMs must provide equipment and tool (1) Manuals, technical service with an anti-theft or similar system that companies with information that allows bulletins (TSBs), diagrams, and charts disables the engine described below in them to develop pass-through (the provisions for training materials, paragraph (13). This information also recalibration tools. (3) OEMs must make including videos and other media are includes any OEM-specific emissions- available enhanced diagnostic discussed in Sections III.A.3 and III.A.4 related diagnostic trouble codes (DTCs) information to equipment and tool below). and any related service bulletins, manufacturers and to make available trouble shooting guides, and/or repair (2) A general description of the procedures associated with these OEM- OEM-specific diagnostic tools for sale. operation of each monitor, including a These requirements were finalized to specific DTCs. description of the parameter that is (13) Information regarding how to ensure that aftermarket service and being monitored. repair facilities have access to the same obtain the information needed to (3) A listing of all typical OBD emission-related service information, in perform reinitialization of any computer diagnostic trouble codes associated with the same or similar manner, as that or anti-theft system following an each monitor. provided by OEMs to their franchised emissions-related repair. OEMs are not dealerships. (4) A description of the typical required to make this information In the NPRM, we proposed several enabling conditions for each monitor to available on the OEM’s Web site unless provisions related to the availability of execute during vehicle operation, they choose to do so. However, the service information. We proposed to including, but not limited to, minimum OEM’s Web site shall contain require that each heavy-duty Original and maximum intake air and engine information on alternate means for Equipment Manufacturer (OEM) do the coolant temperature, vehicle speed obtaining the information and/or ability following: (1) Make full text emissions- range, and time after engine startup. A to perform reintialization. Beginning listing and description of all existing with the 2013 model year, we require 68 See 13 CCR 1968.2, approved November 9, monitor-specific drive cycle information that all OEM systems will be designed 2007, Docket ID# EPA–HQ–OAR–2005–0047–0045. for those vehicles that perform misfire, in such a way that no special tools or

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processes will be necessary to perform (1) OEM Web sites shall possess, of branded dealers who currently pay reinitialization. sufficient server capacity to allow ready for this service information; and access by all users and have sufficient whether this information is made 2. What are the Requirements for Web- downloading capacity to assure that all available to any persons at a reduced or based Delivery of the Required users may obtain needed information no cost, and if so, identification of these Information? without undue delay; persons and the reason they receive the a. OEM Web Sites (2) Any reported broken Web links information at a reduced cost. Today’s action finalizes a provision shall be corrected or deleted weekly. (2) The price the manufacturer that requires OEMs to make available in (3) Web site navigation does not currently charges persons other than full-text all of the information outlined require a user to return to the OEM branded dealers for service information. above, on individual OEM Web sites. home page or a search engine in order The OEM must describe the information The only exceptions to the full-text to access a different portion of the site. that is provided, including the nature of requirements are training information, (4) Any manufacturer-specific the information (e.g., the complete anti-theft information, and indirect acronym or abbreviation shall be service manual, emissions control information. Provisions for the defined in a glossary webpage which, at service manual), etc.; and the number of availability of training information are a minimum, is hyperlinked by each persons other than branded dealers to discussed in Section III.B.4 of this webpage that uses such acronyms and whom the information is supplied. document. Today’s action requires that abbreviations. OEMs may request (3) The estimated number of persons each OEM launch their individual Web Administrator approval to use alternate to whom the manufacturer would be sites with the required information by methods to define such acronyms and expected to provide the service July 1, 2010 for all 2010 and later model abbreviations. The Administrator shall information following implementation year vehicles. approve such methods if the motor of today’s requirements. vehicle manufacturer adequately A complete list of the criteria for b. Timeliness and Maintenance of demonstrates that the method provides establishing reasonable cost can be Information on OEM Web Sites equivalent or better ease-of-use to the found in the regulatory language for this Today’s action finalizes a provision website user. final rule.69 We are also finalizing a that requires OEMs to make available (5) Indicates the minimum hardware provision that, subsequent to the launch the required information on their Web and software specifications required for of the OEM Web sites, OEMs would be site within six months of model satisfactory access to the Web site(s). required to notify the Administrator introduction. After this six month d. Structure and Cost of OEM Web Sites upon the increase in price of any one or period, the required information for all of their approved time ranges of each model must be available and OEMs must implement Web sites that twenty percent or more accounting for updated on the OEM Web site at the offer a range of time periods for on-line inflation or that sets the charge for end- same time it is available by any means access and/or the amount of information user access over the established price to their dealers. purchased. guidelines discussed above, including a EPA is also finalizing a provision that, For any time ranges approved by the justification based on the criteria for beginning with the 2010 model year, Administrator, OEMs must make their reasonable cost as established by this OEMs maintain the required entire site accessible for the respective regulation. information in full text for at least 15 period of time and price. In other words, years after model introduction. After an OEM may not limit any or all ranges e. Hyperlinking to and From OEM Web this fifteen-year period, OEMs can to just one make or one model. Sites archive the required service Prior to the official launch of OEM Today’s action finalizes a provision information, but it must be made Web sites, each OEM will also be that requires OEMs to allow direct available upon request, in a format of required to present to the Administrator simple hyperlinking to their Web sites the OEM’s choice (e.g., CD–ROM). a specific outline of what will be from government Web sites and from all charged for access to each of the tiers. c. Accessibility, Reporting and automotive-related Web sites, such as OEMs must justify these charges, and aftermarket service providers, Performance Requirements for OEM submit to the Administrator information Web Sites educational institutions, and automotive on the following parameters, which associations. Performance reports that adequately include but are not limited to, the demonstrate that their individual Web following: f. Administrator Access to OEM Web sites meets the requirements outlined in (1) The price the manufacturer Sites § 86.010–38(j)(18) will be submitted to currently charges their branded dealers Today’s action finalizes a provision the Administrator annually or upon for service information. At a minimum, that requires that the Administrator request by the Administrator. These this must include the direct price shall have access to each OEM Web site reports shall also indicate the charged that is identified exclusively as at no charge to the Agency. The performance and effectiveness of the being for service information, not Administrator shall have access to the Web sites by using commonly used including any payment that is site, reports, records and other Internet statistics (e.g., successful incorporated in other fees paid by a information as provided by sections 114 requests, frequency of use, number of dealer, such as franchise fees. In and 208 of the Clean Air Act and other subscriptions purchased, etc.) EPA will addition, we are requiring that the OEM provisions of law. issue additional direction in the form of must describe the information that is official manufacturer guidance to provided to dealers, including the g. Other Media further specify the process for nature of the information (e.g., the We are finalizing a provision that submitting reports to the Administrator. complete service manual), etc.; whether require OEMs to make available for In addition, EPA is finalizing a dealers have the option of purchasing ordering the required information in provision that requires OEMs to launch less than all of the available some format approved by the Web sites that meet the following information, or if purchase of all performance criteria: information is mandatory; the number 69 See § 86.010–38(j)(8).

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Administrator directly from their Web and will apply for model year 2010 and 6. What are the Requirements for the site after the full-text window of 15 later engines. Availability of Enhanced Information years has expired. OEMs shall index for Scan Tools for Equipment and Tool their available information with a title 4. What are the Requirements for the Companies? Availability of Training Information? that adequately describes the contents of a. Description of Information That Must the document to which it refers. In the Today’s action finalizes two Be Provided alternate, OEMs may allow for the provisions for access to OEM training on ordering of information directly from Today’s action finalizes a provision OEM Web sites. First, OEMs will be their Web site, or from a Web site that requires OEMs to make available to hyperlinked to the OEM Web site. OEMs required to make available for purchase equipment and tool companies all are required to list a phone number and on their Web sites the following items: generic and enhanced information, address where aftermarket service Training manuals, training videos, and including bi-directional control and providers can call or write to obtain the interactive, multimedia CD’s or similar data stream information. In addition, desired information. OEMs must also training tools available to franchised OEMs must make available the provide the price of each item listed, as dealerships. Second, we are finalizing a following information. well as the price of items ordered on a provision requiring OEMs who transmit (i) The physical hardware subscription basis. To the extent that emissions-related training via satellite requirements for data communication any additional information is added or or the Internet to tape these (e.g., system voltage requirements, cable changed for these model years, OEMs transmissions and make them available terminals/pins, connections such as shall update the index as appropriate. for purchase on their Web sites within RS232 or USB, wires, etc.). OEMs will be responsible for ensuring 30 days after the first transmission to (ii) ECU data communication (e.g., that their information distributors do so franchised dealerships. Manufacturers serial data protocols, transmission speed within three business day of receiving shall not be required to duplicate or baud rate, bit timing requirements, the order. transmitted emissions-related training etc.). (iii) Information on the application courses if anyone engaged in the h. Small Volume Provisions for OEM physical interface (API) or layers (i.e., Web Sites repairing or servicing of heavy-duty processing algorithms or software Manufacturers with total annual sales engines has the opportunity to receive design descriptions for procedures such of less than 5,000 engines shall have the Internet or satellite transmission, as connection, initialization, and until July 1, 2011 to launch their even if there is a cost associated with termination). individual Web sites as discussed in the equipment required to receive the (iv) Vehicle application information Section III.B.2. Manufacturers with total transmission. Further, all of the items or any other related service information annual sales of less than 1,000 engines included in this provision must be such as special pins and voltages or may, in lieu of meeting the requirement shipped within 3 business days of the additional vehicle connectors that for web-based delivery of service order being placed and are to be made require enablement and specifications information, request the Administrator available at a reasonable price. These for the enablement. to approve an alternative method by requirements apply for 2010 and later (v) Information that describes which which the required emissions-related model year vehicles beginning July 1, interfaces, or combinations of interfaces, information can be obtained. 2010. For subsequent model years, the from each of the categories as described These small-volume flexibilities are required information must be made in § 86.010–38(j)(14)(ii)(A) through (D) limited to the distribution and available for purchase within three of the regulatory language. availability of service information via months of model introduction, and then Manufacturers are not required to the World Wide Web under § 86.010–38 be made available at the same time it is make available to equipment and tool (j)(4) of the regulations. All OEMs, made available to franchised companies any information related to regardless of volume, must comply with reconfiguration capabilities or any other dealerships. all other provisions as finalized in this information that would make permanent rulemaking. 5. What are the Requirements for changes to existing engine configurations. 3. What are the Requirements for Recalibration of Vehicles? The requirements to release the Service Information for Third Party Today’s action finalizes two options information to equipment and tool Information Providers? for pass-thru recalibration. We are companies takes effect on July 1, 2013 Today’s action finalizes a provision finalizing a provision that heavy-duty [for model year 2013 engines], and that will require OEMs who currently OEMs must comply with SAE J2534–1 within 3 months of model introduction have, or in the future engage in, (Revised December 2004) beginning for all new model years. licensing or business arrangements with with the 2013 model year. In the third party information providers, as b. Distribution of Enhanced Diagnostic alternative, heavy-duty OEMs may Information defined in the regulations, to provide comply with the Technology and information to those parties in an Maintenance Council’s Recommended Today’s action finalizes a provision electronic format in English that utilizes Practice RP1210B, ‘‘WindowsTM that will require the above information non-proprietary software. Any OEM Communication API,’’ (Revised June for generic and enhanced diagnostic licensing or business arrangements with 2007) beginning in the 2013 model year. information be provided to aftermarket third party information providers are tool and equipment companies with We are also finalizing a provision that subject to fair and reasonable cost whom appropriate licensing, will require that recalibration requirements. We expect that OEMs will contractual, and confidentiality develop pricing structures for access to information be made available within 3 agreements have been arranged. This this information that make it affordable months of vehicle introduction for new information shall be made available in to any third party information providers models. electronic format using common with which they do business. This document formats such as Microsoft provision takes effect January 1, 2011 Excel, Adobe Acrobat, Microsoft Word,

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etc. Further, any OEM licensing or and TMC documents can be found in and Buses program will actually occur. business arrangements with equipment § 86.1(b) and in § 86.010–38(j). Viewed from another perspective, while and tool companies are subject to a fair the OBD requirements will not increase IV. What Are the Emissions Reductions and reasonable cost determination. the emission reductions that we Associated With the OBD estimated for the 2007HD highway rule, 7. What are the Requirements for the Requirements? they would be expected to lead to actual Availability of OEM-Specific Diagnostic In the 2007HD highway rule, we emission reductions in-use compared Scan Tools and Other Special Tools? estimated the emissions reductions we with a program with no OBD system. a. Availability of OEM-Specific expected to occur as a result of the The costs associated with HDOBD Diagnostic Scan Tools emissions standards being made final in were not fully estimated in the 2007HD the rule. Since the OBD requirements highway rule. Those costs are more fully Today’s action finalizes a provision contained in today’s rule are considered considered in section V of this that OEMs must make available for sale by EPA to be an important element of preamble. These newly developed to interested parties the same OEM- the 2007HD highway program and its HDOBD costs are added to those costs specific scan tools that are available to ultimate success, rather than a new estimated for the 2007/2010 standards franchised dealerships, except as element being included as an addition and a new set of costs for those discussed below. These tools shall be to that program, we are not estimating standards are presented in section VI. made available at a fair and reasonable emissions reductions associated with Section VI also calculates a new set of price. These tools shall also be made OBD. Instead, we consider the new costs per ton associated with the 2007/ available in a timely fashion either 2007/2010 tailpipe emissions standards 2010 standards which include the through the OEM Web site or through an and fuel standards to be the drivers of OEM-designated intermediary. emissions reductions and HDOBD to be previously estimated costs and Upon Administrator approval, part of the assurance we all have that emissions reductions for the 2007/2010 manufacturers will not be required to those emissions reductions are indeed standards and the newly estimated costs make available manufacturer-specific realized. Therefore, this analysis associated with today’s HDOBD rule. tools with reconfiguration capabilities if presents the emissions reductions Here we present the emission benefits they can demonstrate to the satisfaction estimated for the 2007HD highway we anticipate from heavy-duty vehicles of the Administrator that these tools are program. Inherent in those estimates is as a result of our 2007/2010 NOX, PM, not essential to the completion of an an understanding that, while emissions and NMHC emission standards for emissions-related repair, such as control systems sometimes malfunction, heavy-duty engines. The graphs and recalibration. In addition, as a condition they presumably are repaired in a timely tables that follow illustrate the Agency’s of purchase, manufacturers may request manner. Today’s OBD requirements projection of future emissions from that the purchaser take all necessary would provide substantial tools to heavy-duty vehicles for each pollutant. training offered by the engine assure that our presumption will be The baseline case represents future manufacturer, provided that those realized by helping to ensure that emissions from heavy-duty vehicles at training requirements are outlined in emission control systems continue to present standards (including the § 86.010–38(j)(15) of the regulations. operate properly throughout their life. MY2004 standards). The controlled case We believe that the OBD requirements represents the future emissions from 8. Which Reference Materials are Being will lead to more repairs of heavy-duty vehicles once the new 2007/ Incorporated by Reference? malfunctioning or deteriorating 2010 standards are implemented. A We are requiring that service emission control systems, and may also detailed analysis of the emissions information requirements comply with lead to emission control systems that are reductions associated with the 2007/ the provisions laid out in certain more robust throughout the life of the 2010 HD highway standards is Society of Automotive Engineers (SAE) engine and less likely to trigger contained in the Regulatory Impact and/or Truck Maintenance Council illumination of MILs. The requirements Analysis for that final rule.70 The results (TMC) documents that are incorporated would therefore provide greater of that analysis are presented in Table by reference (IBR) into federal assurance that the emission reductions IV.A–1 and in Figures IV.A–1 through regulation. Details regarding these SAE expected from the Clean Diesel Trucks IV.A–3.

TABLE IV.A–1—ANNUAL EMISSIONS REDUCTIONS ASSOCIATED WITH THE 2007HD HIGHWAY PROGRAM [Thousand short tons]

Year NOX PM NMHC

2007 ...... 58 11 2 2010 ...... 419 36 21 2015 ...... 1,260 61 54 2020 ...... 1,820 82 83 2030 ...... 2,570 109 115

70 Regulatory Impact Analysis: Heavy-Duty Fuel Sulfur Control Requirements; EPA420–R–00– Engine and Vehicle Standards and Highway Diesel 026; December 2000.

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There were additional estimated proposal we estimated lower warranty various sensors that we believe will be emissions reductions associated with costs beginning in 2013, we have added to the engine to provide the the 2007HD highway rule—namely CO, delayed that until 2016 in the final rule. required OBD monitoring capability. For SOx, and air toxics. We have not This is discussed in Section VI.A of the the 2010 model year, we believe that presented those additional emissions Summary and Analysis of Comments upgraded computers and the new reductions here since, while HDOBD document and in Section 3.1.1 of the sensors needed for OBD would result in will identify malfunctions and hasten final technical support document. costs to the buyer of $43 and $53 for their repair with the result of reducing Third, we have adjusted all costs to diesel and gasoline engines, all emissions constituents, these 2007 dollars—the draft analysis used respectively. For the 2013 model year, additional emissions are not those 2004 dollars—by using the Consumer we have included costs associated with specifically targeted by OBD systems. Price Index. As a result, all costs the dedicated MIL and its wiring presented here are slightly higher than V. What Are the Costs Associated With in the draft analysis although we have resulting in a hardware cost to the buyer the OBD Requirements? not changed the analysis with the of $60 and $70 for both diesel and The costs estimated for the final OBD exception of this adjustment for gasoline engines, respectively. In 2016, requirements are identical to those inflation and, as mentioned previously, these costs become $57 and $66 for estimated for the proposed OBD the addition of costs for aging of limit diesel and gasoline, respectively, due to requirements with three notable parts and delay of lower warranty costs. a reduction in warranty costs. By exceptions. First, we have included Here we present the updated tables multiplying these costs per engine by costs for aging limit parts to their OBD that appeared in our preamble to the the projected annual sales we get annual thresholds. We inadvertently did not proposed regulations.72 Please refer to costs of around $45–55 million for include those costs in the draft analysis. the final technical support document diesel engines and $3–4 million for Discussion of this can be found in the contained in the docket for the details gasoline engines, depending on sales. Summary and Analysis of Comments of the analysis behind these cost The 30-year net present value of the document in Section VI.B. These newly estimates. annual variable costs would be $737 added costs are also presented in detail A. Variable Costs for Engines Used in million and $391 million at a three in Section 3.1.2.b of the final technical percent and a seven percent discount support document.71 Both of these Vehicles Over 14,000 Pounds rate, respectively. These costs are documents can be found in the docket The variable costs we have estimated summarized in Table V.A–1. for this rule. Second, while in the represent those costs associated with

71 Final Technical Support Document, HDOBD 72 See 72 FR 3273, Section VI. final rule, EPA420–R–08–019, Docket ID# EPA– HQ–OAR–2005–0047–0056.

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TABLE V.A–1—OBD VARIABLE COSTS FOR ENGINES USED IN VEHICLES OVER 14,000 POUNDS [All costs in $millions except per engine costs; 2007 dollars]

Diesel Gasoline Total

Cost per engine (2010–2012) ...... $43 $53 n/a Cost per engine (2013–2015) ...... 60 70 n/a Cost per engine (2016+) ...... 57 66 n/a Annual Variable Costs in 2010 a ...... 15 1 $16 Annual Variable Costs in 2013 a ...... 44 3 47 Annual Variable Costs in 2016 a ...... 43 3 47 Annual Variable Costs in 2030 a ...... 53 4 57 30 year NPV at a 3% discount rate ...... 686 51 737 30 year NPV at a 7% discount rate ...... 364 27 391 a Annual variable costs increase as projected sales increase.

B. Fixed Costs for Engines Used in of durability engines (i.e., the OBD The R&D costs we have estimated were Vehicles Over 14,000 Pounds parent engines), the costs associated totaled and then spread over the four We have estimated fixed costs for with generating the ‘‘limit’’ parts that year period prior to implementation of research and development (R&D), are required to demonstrate OBD the requirements for which the R&D is certification, and production evaluation detection at or near the applicable conducted. By 2013, all of the R&D work testing. The R&D costs include the costs emissions thresholds, and the costs would be completed in advance of 100 to develop the computer algorithms associated with generating the necessary percent compliance in 2013; hence, R&D required to diagnose engine and certification documentation. Production costs are zero by 2013. Certification emission control systems, and the costs evaluation testing costs included the costs are higher in 2013 than in 2010 for applying the developed algorithms costs associated with the three types of because 2010 requires one engine family to each engine family and to each production testing: Standardization to comply while 2013 requires all variant within each engine family. R&D features, monitor function, and engine families to comply. The 30 year costs also include the testing time and performance ratios. net present value of the annual fixed effort needed to develop and apply the Table V.B–1 summarizes the R&D, costs would be $475 million and $352 OBD algorithms. The certification costs certification, and production evaluation million at a three percent and a seven include the costs associated with testing testing costs that we have estimated. percent discount rate, respectively.

TABLE VI.B–1—OBD FIXED COSTS FOR ENGINES USED IN VEHICLES OVER 14,000 POUNDS [All costs in $millions; 2007 dollars]

Diesel Gasoline Certification & PE Certification & Total R&D testing Subtotal R&D PE testing Subtotal

Annual OBD Fixed Costs in given years

2010 .. $56 $0 .2 $56 $1 .0 <$0.1 $1.0 $57 2013 .. 0 0.4 0.4 0 <0.1 <0.1 0 .4 2030 .. 0 35 35 0 <0.1 <0.1 35

30 year NPV at the given discount rate

3% ..... 287 176 463 11 .1 0.4 11.4 475 7% ..... 243 99 .6 342 9 .7 0.2 9.9 352

C. Total Costs for Engines Used in a seven percent discount rate, the cost for the diesel fuel changes Vehicles Over 14,000 Pounds respectively. These costs are much resulted in 30 year net present value lower than the 30 year net present value costs for that rule of $88 billion and $53 The total OBD costs for engines used costs estimated for gasoline and diesel billion at a three percent and a seven in vehicles over 14,000 pounds are engines meeting the 2007HD highway percent discount rate, respectively (in summarized in Table V.C–1. As shown emissions standards which were $30 2007 dollars). See section VI for more in the table, the 30 year net present billion and $18 billion at a three percent details regarding the cost estimates from value cost is estimated at $1.2 billion and a seven percent discount rate, the 2007HD highway final rule. and $743 million at a three percent and respectively (in 2007 dollars). Including

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TABLE V.C–1—OBD TOTAL COSTS FOR ENGINES USED IN VEHICLES OVER 14,000 POUNDS [All costs in $millions; 2007 dollars]

Diesel Gasoline Total

Annual OBD Total Costs in given years

2010 ...... $71 $2 $67 2013 ...... 44 3 47 2030 ...... 89 4 93

30 year NPV at the given discount rate

3% ...... 1,150 63 1,212 7% ...... 706 37 743

D. Costs for Diesel Heavy-Duty Vehicles and $12 million at a three percent and to 14,000 pound diesel OBD. We are and Engines Used in Heavy-Duty a seven percent discount rate, making no changes to the 8,500 to Vehicles Under 14,000 Pounds respectively. These costs represent the 14,000 pound gasoline requirements so, The total OBD costs for 8,500 to incremental costs of the additional OBD therefore, have estimated no costs for 14,000 pound diesel applications are requirements, as compared to our gasoline vehicles. Details behind these summarized in Table V.D–1. As shown current OBD requirements, for 8,500 to estimated costs can be found in the final in the table, the 30 year net present 14,000 pound diesel applications and technical support document contained value cost is estimated at $16 million do not represent the total costs for 8,500 in the docket for this rule.73

TABLE V.D–1—TOTAL OBD COSTS FOR 8,500 TO 14,000 POUND DIESEL APPLICATIONS [All costs in $millions; 2007 dollars]

Diesel Gasoline Total

Annual OBD Total Costs in given years

2010 ...... $0 .1 $0 $0 .1 2013 ...... 0 0 0 2030 ...... 2 0 2

30 year NPV at the given discount rate

3% ...... 16 0 16 7% ...... 12 0 12

VI. What are the Updated Annual Costs the 2007/2010 standards to be fully 2007/2010 standards which include the and Costs per Ton Associated With the realized because emissions control previously estimated costs and 2007/2010 Heavy-Duty Highway systems cannot be expected to operate emissions reductions for the 2007/2010 Program? without some need for repair which, standards and the newly estimated costs absent OBD, may well never be done. associated with today’s HDOBD rule. In the 2007HD highway rule, we However, as noted in section V, because estimated the costs we expected to Note that the costs estimates we did not include an OBD program in associated with the 2007HD highway occur as a result of the emissions the 2007HD highway program, we did program were done using 1999 dollars. standards being made final in that rule. not estimate OBD related costs at that We have adjusted those costs to 2007 As noted in section IV, we consider the time. We have now done so and those OBD requirements contained in today’s dollars using the Consumer Price costs are presented in section V. 74 rule to be an important element of the Here we present the OBD costs as part Index. 2007HD highway program and its of the greater 2007HD highway program. A. Updated 2007 Heavy-Duty Highway ultimate success and not a new element To do this, we present both the costs Rule Costs Including OBD being included as an addition to that developed for that program and the program. In fact, without the OBD additional OBD costs presented in Table VI.A–1 shows the 2007HD requirements we would not expect the section V. We also calculate a new set highway program costs along with the emissions reductions associated with of costs per ton associated with the estimated OBD related costs.

73 Final Technical Support Document, HDOBD 74 http://www.bls.gov/cpi; U.S. city average, all final rule, EPA420–R–08–019, Docket ID# EPA– items, not seasonally adjusted. HQ–OAR–2005–0047–0056.

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TABLE VI.A–1—UPDATED 2007HD HIGHWAY PROGRAM COSTS INCLUDING NEW OBD-RELATED COSTS NET PRESENT VALUE OF ANNUAL COSTS FOR THE YEARS 2006–2035 [All costs in $millions; 2007 dollars]

2007 HD highway final rule Gasoline Final HD Updated Discount rate Diesel engine & Diesel fuel Original OBD total pro- engine vehicle costs total costs gram costs costs costs

3% ...... $29,500 $1,880 $56,240 $87,600 $1,230 $88,900 7% ...... 17,900 1,090 33,560 52,500 755 53,300

B. Updated 2007 Heavy-Duty Highway pollutant reduced. These numbers are between NOX+NMHC and PM related Rule Costs per Ton Including OBD from the 2007HD highway final rule— costs. Table VI.B–1 shows the 2007HD updated to 2007 dollars—which highway program costs per ton of contains the details regarding the split

TABLE VI.B–1—ORIGINAL 2007HD HIGHWAY PROGRAM COSTS, EMISSIONS REDUCTIONS, AND $/TON REDUCED NET PRESENT VALUES ARE FOR ANNUAL COSTS FOR THE YEARS 2006–2035 [Monetary values in 2007 dollars]

30 year NPV 30 year NPV Discount rate Pollutant cost reduction $/ton ($billions) (million tons)

3% ...... NOX+NMHC ...... 68.0 30.6 $2,220 PM ...... 19.9 1.4 14,750 7% ...... NOX+NMHC ...... 43.4 16.2 2,680 PM ...... 12.8 0.8 17,090

Table VI.B–2 shows the updated between NOX+NMHC and PM related OBD requirements have little impact on 2007HD highway program costs per ton OBD costs, we have used a 50/50 the overall costs and costs per ton of of pollutant reduced once the new OBD allocation. As shown in Table VI.B–2, emissions reduced within the context of costs have been included. For the split the OBD costs associated with the final the 2007HD highway program.

TABLE VI.B–2—UPDATED 2007HD HIGHWAY PROGRAM COSTS, EMISSIONS REDUCTIONS, AND $/TON REDUCED INCLUDING OBD RELATED COSTS NET PRESENT VALUES ARE FOR ANNUAL COSTS FOR THE YEARS 2006–2035 [Monetary values in 2007 dollars]

30 year NPV 30 year NPV Discount rate Pollutant cost reduction $/ton ($billions) (million tons)

3% ...... NOX+NMHC ...... 68.6 30.6 $2,240 PM ...... 20.5 1.4 15,210 7% ...... NOX+NMHC ...... 43.8 16.2 2,700 PM ...... 13.2 0.8 17,600

VII. How Have the Proposed engine families (e.g., the OBD system manufacturers, a build specification is Requirements for Engine Manufacturers general description), the manufacturer is provided to vehicle manufacturers Changed for This Final Rule? required to submit one set of documents detailing mechanical and electrical each model year for such items that specifications that must be adhered to A. Documentation Requirements cover all of its engine families. for proper installation and use of the The OBD system certification While the majority of the OBD engine (and to maintain compliance requirements require manufacturers to requirements apply to the engine and with emissions standards). We expect submit OBD system documentation that are incorporated by design into the engine manufacturers will continue to represents each engine family. The engine control module by the engine follow this practice so that the vehicle certification documentation must manufacturer, a portion of the OBD manufacturer would be able to maintain contain all of the information needed to requirements would apply to the vehicle compliance with the OBD regulations. determine if the OBD system meets the and not be self-contained within the Installation specifications would be OBD requirements. The regulation lists engine. Examples include the expected to include instructions the information that is required as part requirements to have a MIL in the regarding the location, color, and of the certification package. If any of the instrument cluster and a diagnostic display icon of the MIL (as well as information in the certification package connector in the cab compartment. As is electrical connections to ensure proper is the same for all of a manufacturer’s currently done by the engine illumination), location and type of

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diagnostic connector, and electronic table. The OBD system description provide any other OBD-related VIN access. During the certification would include a complete written information necessary to determine the process, in addition to submitting the description for each monitoring strategy OBD compliance status of the details of all of the diagnostic strategies outlining every step in the decision- manufacturer’s product line. and other information required, engine making process of the monitor, The only change to the final manufacturers are required to submit a including a general explanation of the documentation requirements relative to copy of the OBD-relevant installation monitoring conditions and malfunction the proposed requirements is a new specifications provided to vehicle criteria. This description should include provision applicable to those OBD manufacturers and a description of the graphs, diagrams, and/or other data that systems designed to the CARB HDOBD method used by the engine would help our compliance staff requirements. Any such system must manufacturer to ensure vehicle understand how each monitor works have detailed documentation describing manufacturers adhere to the provided and interacts. The OBD summary table how the system meets the full intent installation specifications (e.g., required would include specific parameter behind the requirements of § 86.010– audit procedures or signed agreements values. This table would provide a 18.75 It will not be sufficient for a to adhere to the requirements). We are summary of the OBD system manufacturer to submit OBD requiring that this information be specifications, including: the documentation and a statement that it is submitted to us to provide a reasonable component/system, the DTC identifying a California HDOBD system or even a level of verification that the OBD each related malfunction, the California approved OBD system. The requirements will indeed be satisfied. In monitoring strategy, the parameter used certification documentation must summary, engine manufacturers are to detect a malfunction and the include details about how the system responsible for submitting a certification malfunction criteria limits against compares to the requirements of package that includes: which the parameter is evaluated, any § 86.010–18 to ensure that we can be • A detailed description of all OBD secondary parameter values and the comfortable approving that system for monitors, including monitors on signals operating conditions needed to run the certification. or messages coming from other modules monitor, the time required to execute B. Catalyst Aging Procedures upon which the engine control unit and complete a monitoring event for For purposes of determining the relies to perform other OBD monitors; both a pass decision and a fail decision, catalyst malfunction criteria for diesel and, and the criteria or procedure for • NMHC converting catalysts, SCR A copy of the OBD-relevant illuminating the MIL. In these tables, catalysts, and lean NO catalysts, and installation specifications provided to manufacturers are required to use a X for gasoline catalysts (i.e., for generating vehicle manufacturers/chassis builders common set of engineering units to OBD threshold parts, or limit parts), and the method used to reasonably simplify and expedite the review ensure compliance with those where those catalysts are monitored process. specifications. individually, the manufacturer must use As was discussed in the context of our We are also requiring that the a catalyst deteriorated to the implementation schedule (see section manufacturer submit a logic flowchart malfunction criteria using methods II.G.1), the regulations would allow for each monitor that would illustrate established by the manufacturer to engine manufacturers to establish OBD the step-by-step decision process for represent real world catalyst groups consisting of more than one determining malfunctions. Additionally, deterioration under normal and engine family with each having similar we would need any data that supports malfunctioning engine operating OBD systems. The manufacturer could the criteria used to determine conditions. For purposes of determining then submit only one set of malfunctions that cause emissions to the catalyst malfunction criteria for representative OBD information from exceed the specified malfunction diesel NMHC converting catalysts, SCR each OBD group. We anticipate that the thresholds (see Tables II.B–1 and II.C– catalysts, and lean NOX catalysts, and representative information would 1). The manufacturer would have to for gasoline catalysts, where those normally consist of an application from include data that demonstrates the catalysts are monitored in combination a single representative engine rating probability of misfire detection by the with other catalysts, the manufacturer within each OBD group. In selecting the misfire monitor over the full engine must submit their catalyst system aging engine ratings to represent each OBD speed and load operating range (for and monitoring plan to the group, consideration should be given to gasoline engines only) or the capability Administrator as part of their the exhaust emission control of the misfire monitor to correctly certification documentation package. components for all engine families and identify a ‘‘one cylinder out’’ misfire for The plan must include the description, ratings within an OBD group. For each cylinder (for diesel engines only), emission control purpose, and location example, if one engine family within an a description of all the parameters and of each component, the monitoring OBD group has additional emission conditions necessary to begin closed- strategy for each component and/or control devices relative to another loop fuel control operation (for gasoline combination of components, and the family in the group (e.g., the first family engines only), closed-loop EGR control method for determining the applicable has a DPF+SCR while the second has (for diesel engines only), closed-loop malfunction criteria including the only a DPF), the representative rating fuel pressure control (for diesel engines deterioration/aging process. only), and closed-loop boost control (for should probably come from the first C. Demonstration Testing engine family. Manufacturers seeking to diesel engines only). We also need a consolidate several engine families into listing of all electronic powertrain input While the certification documentation one OBD group would be required to get and output signals (including those not requirements discussed above require approval of the grouping prior to monitored by the OBD system) that manufacturers to submit technical submitting the information for identifies which signals are monitored details of each monitor (e.g., how each certification. by the OBD system, and the emission Two of the most important parts of data from the OBD demonstration 75 See section 86.010–18(m)(3) which is new in the final regulations. Also see § 86.010–18(a)(5) the certification package would be the testing (as described below). Lastly, the which is new in the final regulations. Also see OBD system description and summary manufacturer will be expected to section II.A.5, above.

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monitor worked, when the monitor 1. Selection of Test Engines years 2010 through 2012 and again for would run), we still need some the years 2013 through 2015. assurance that the manufacturer’s OBD To minimize the test burden on Given the difficulty and expense in monitors are indeed calibrated correctly manufacturers, we are requiring that removing an in-use engine from a and are able to detect a malfunction this testing be done on only one to three vehicle for engine dynamometer testing, before an emissions threshold is demonstration engines per year per this demonstration testing will likely exceeded. Thus, we are requiring that manufacturer rather than requiring that represent nearly all of the OBD emission manufacturers conduct certification all engines be tested. Such an approach testing that would ever be done on these demonstration testing of the major should still allow us to be reasonably engines. Requiring a manufacturer who monitors to verify the malfunction sure that manufacturers have calibrated is fully equipped to do such testing, and threshold values. This testing will be their OBD systems correctly on all of already has the engines on engine required on one to three demonstration their engines. This also spreads the test dynamometers for emission testing, to engines per year. Before receiving a burden over several years and allows test one to three engines per year would certificate of compliance, the manufacturers to better utilize their test be a minimal testing burden that manufacturer must submit cell resources. This approach is provides invaluable and, in a practical documentation and emissions data consistent with our approach to sense, otherwise unobtainable proof of demonstrating that the major OBD demonstration testing to existing compliance with the OBD emissions monitors are able to detect a emissions standards where a parent thresholds. malfunction when emissions exceed the engine is chosen to represent each Regarding the selection of which emissions thresholds. On each engine family and emissions test data engine ratings will have to be demonstration engine, this testing for only that parent engine are demonstrated, manufacturers are would consist of the following two submitted to EPA.77 required to submit descriptions of all elements: The number of demonstration engines engine families and ratings planned for • Testing the OBD system with manufacturers must test will be aligned the upcoming model year. We will ‘‘threshold’’ components (i.e., with the phase-in of OBD in the 2010 review the information and make the components that are deteriorated or and 2013 model years and based on the selection(s) in consultation with CARB malfunctioning right at the threshold year and the total number of engine staff and the manufacturer. For each required for MIL illumination); and, engine family and rating, the • families the manufacturer will be Testing the OBD system with certifying for that model year. information submitted by the ‘‘worst case’’ components. This element Specifically, for the 2010 model year manufacturer will need to identify of the demonstration test must be done when a manufacturer is only required to engine model(s), power ratings, for the DPF and any NOX aftertreatment implement OBD on a single engine applicable emissions standards or system only. family, demonstration testing will be family emissions limits, emissions By testing with both threshold required on only one engine (a single controls on the engine, and projected components (i.e., the best performing engine rating within the one engine engine sales volume. Factors that would malfunctioning components) and with be used in selecting the one to three worst case components (i.e., the worst family). This will be the OBD parent rating as discussed in section II.G. For engine ratings for demonstration testing performing malfunctioning include, but are not limited to, new components), we will be better able to the 2013 model year, manufacturers will be required to conduct demonstration versus old/carryover engines, emissions verify that the OBD system should control system design, possible perform as expected regardless of the testing on one to three engines per year (i.e., one to three OBD parent ratings). transition point to more stringent level of deterioration of the component. emissions standards and/or OBD This could become increasingly The number of parent ratings would be chosen depending on the total number emissions thresholds, and projected important with new technology sales volume. aftertreatment devices that could be of engine families certified by the subject to complete failure (such as manufacturer. A manufacturer certifying 2. Required Testing DPFs) or even to tampering by vehicle one to five engine families in the given Regarding the actual testing, the operators looking to improve fuel year would be required to test one manufacturer will be required to economy or vehicle performance. We demonstration engine. A manufacturer perform ‘‘single fault’’ testing using the believe that, given the likely certifying six to ten engine families in applicable test procedure and with the combinations of emissions control the given year would be required to test appropriate components/systems set at hardware, a diesel engine manufacturer two demonstration engines, and a the manufacturer defined malfunction would likely need to conduct 8 to 10 manufacturer certifying more than ten criteria limits for the following emissions tests per demonstration engine families in the given year will be monitors: engine to satisfy these requirements and required to test three demonstration • For diesel engines: Fuel system; a gasoline engine manufacturer would engines. For the 2016 and subsequent misfire; EGR; turbo boost control; model years, we intend to work closely likely need to conduct five to seven NMHC catalyst; SCR catalyst/NOX emissions tests per demonstration with CARB staff and the manufacturer catalyst/adsorber; DPF; exhaust gas engine.76 to determine the parent ratings so that sensors; VVT; and any other monitor the same ratings are not acting as the that would fall within the discussion of 76 For diesel engines these would include: The parents every year. In other words, our section II.D.5. fuel system; misfire (HCCI engines); EGR, turbo definitions for the OBD parent ratings as • For gasoline engines: Fuel system; boost control, DPF, NOX adsorber or SCR system, discussed here apply only during the NMHC catalyst, exhaust gas sensors, VVT, and misfire; EGR; cold start strategy; possible other emissions controls (see section secondary air; catalyst; exhaust gas II.D.5). For gasoline engines these would include: require any due to the use of a functional monitor sensors; VVT; and any other monitor The fuel system, misfire, EGR, cold start strategy, rather than an emissions threshold monitor. that would fall within the discussion of secondary air system, catalyst, exhaust gas sensors, 77 For over 14,000 pound OBD, we have a VVT, and possible other emissions controls (see different definition of a ‘‘parent’’ engine than is section II.D.5. section II.D.5). Some of these may require more used for emissions certification. This is discussed Such ‘‘single fault’’ testing requires than one emissions test while others may not at length in section II.G. that, when performing a test for a

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specific parameter, that parameter must be expected to use, subject to approval, Manufacturers will be allowed to use be operating at the malfunction criteria an aging process that ensures that alternative testing protocols, even limit while all other parameters would deterioration of the exhaust chassis testing, for demonstration of be operating within normal aftertreatment devices is stabilized MIL illumination if the engine characteristics (unless the malfunction sufficiently such that it properly dynamometer emissions test cycle does prohibits some other parameter from represents the performance of the not allow all of a monitor’s enable operating within its normal devices at the applicable point in their conditions to be satisfied. A characteristics). Also, the manufacturer useful life. Note that, should the 2010 manufacturer wanting to do so will be will be allowed to use computer model year engine be carried over for required to demonstrate the technical modifications to cause the specific 2013 model year certification (which we necessity for using their alternative test parameter to operate at the malfunction fully expect most manufacturers to do), cycle and that using it demonstrates that limit provided the manufacturer can we would not require any new the MIL will illuminate during in-use demonstrate that the computer demonstration aging or testing. operation with the malfunctioning modifications produce test results component. 3. Testing Protocol equivalent to an induced hardware 4. Evaluation Protocol malfunction. Lastly, for each of these We have made no changes in the final testing requirements, wherever the rule relative to the proposal as regards We have made no changes in the final manufacturer has established that only testing protocol. We are allowing the rule relative to the proposal as regards a functional check is required because manufacturer to use any applicable test evaluation protocol. For all no failure or deterioration of the specific cycle for preconditioning test engines demonstration tests on parent engines, tested component/system can result in prior to conducting each of the we will expect the MIL to activate upon an engine’s emissions exceeding the emissions tests discussed above. detecting the malfunctioning system or applicable emissions thresholds, the Additional preconditioning can be done component, and that it will occur before manufacturer will not be required to if the manufacturer can provide data the end of the first engine start portion perform a demonstration test. In such and/or engineering analyses that of the emissions test. If the MIL cases, the manufacturer can simply demonstrate that additional activates prior to emissions exceeding provide the data and/or engineering preconditioning is necessary. the applicable malfunction criteria, no analysis used to determine that only a The manufacturer will then set the further demonstration will be required. functional test of the component/system system or component of interest at the With respect to the misfire monitor is required. criteria limit(s) prior to conducting the demonstration test, if the manufacturer Manufacturers that are required to applicable preconditioning cycle(s). If has elected to use the minimum misfire submit data from more than one engine more than one preconditioning cycle is malfunction criterion of one percent (as rating will be granted some flexibility by being used, the manufacturer may adjust is allowed), then no further allowing the data to be collected under the system or component of interest demonstration would be required less rigorous testing requirements than prior to conducting the subsequent provided the MIL illuminates during a the official FTP or SET certification test. preconditioning cycle. However, the test with an implanted misfire of one That is, for the possible second and manufacturer may not replace, modify, percent. third engine ratings required for or adjust the system or component of If the MIL does not activate when the demonstration testing, manufacturers interest following the last system or component being tested is set will be allowed to submit data using preconditioning cycle. at its malfunction criteria limits, then internal sign-off test procedures that are After preconditioning, the test engine the criteria limits or the OBD system representative of the official FTP or SET will be operated over the applicable test would not be considered acceptable. in lieu of running the official test. cycle to allow for the initial detection of Retesting would be required with more Commonly used procedures include the the tested system or component tightly controlled criteria limits (i.e., use of engine emissions test cells with malfunction. This test cycle may be recalibrated limits) and/or another less rigorous quality control procedures omitted from the testing protocol if it is suitable system or component that than those required for the FTP or SET unnecessary. If required by the would result in MIL activation. If the or the use of forced cool-downs to designated monitoring strategy, a cold criteria limits are recalibrated, the minimize time between tests. soak may be performed prior to manufacturer would be required to Manufacturers will still be liable for conducting this test cycle. The test confirm that the systems and meeting the OBD emissions thresholds engine will then be operated over the components that were tested prior to on FTPs and/or SETs conducted in full applicable exhaust emission test. recalibration would still function accordance with the Code of Federal A manufacturer required to test more properly and as required. Regulations. Nonetheless, this latitude than one test engine may use internal 5. Confirmatory Testing will allow them to use some short-cut calibration sign-off test procedures (e.g., methods that they have developed to forced cool downs, less frequently We have made no changes in the final assure themselves that the system is calibrated emission analyzers) instead of rule relative to the proposal as regards calibrated to the correct level without official test procedures to obtain this confirmatory testing. We may choose to incurring the additional testing cost and emissions test data for all but one of the confirmatory test a demonstration burden of running the official FTP or required test engines. However, the engine to verify the emissions test data SET on every demonstration engine. manufacturer should use sound submitted by the manufacturer. Any For the demonstration engine(s), a engineering judgment to ensure that the such confirmatory testing would be manufacturer will be required to use an data generated using such alternative limited to the engine rating represented engine(s) aged for a minimum of 125 test/sign-off procedures are good data by the demonstration engine(s) (i.e., the hours plus exhaust aftertreatment because manufacturers would still be parent engine(s)). To do so, we, or our devices aged in a manner representative responsible for meeting the malfunction designee, would install appropriately of full useful life. We are allowing for criteria when emissions tests are deteriorated or malfunctioning rapid aging using a process approved by performed in accordance with official components (or simulate a deteriorated the Administrator. Manufacturers would test procedures. or malfunctioning component) in an

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otherwise properly functioning engine software modifications that cannot be E. Production Evaluation Testing of the same engine family and rating as accomplished in the time available, as We have made no changes in the final the demonstration engine. Such determined by the Administrator.78 rule relative to the proposal as regards confirmatory testing would be done on Nonetheless, we recognize that there production evaluation testing. The OBD those OBD monitors for which may be situations where more than one system is a complex software and demonstration testing had been deficiency is necessary and appropriate, hardware system, so there are many conducted as described in this section. or where carry-over of a deficiency or opportunities for unintended The manufacturer would be required to deficiencies for more than one year is interactions that can result in certain make available, upon Administrator necessary and appropriate. In such elements of the system not working as request, a test engine and all test situations, more than one deficiency, or intended. We have seen many such equipment—e.g., malfunction carry-over for more than one year, may mistakes in the under 14,000 pound simulators, deteriorated components— arena ranging from OBD systems that necessary to duplicate the be approved, provided the manufacturer are unable to communicate any manufacturer’s testing. As with our has demonstrated an acceptable level of information to a scan tool to monitors emission certification program, any effort toward full OBD compliance. that are unable to store a DTC and failure to pass confirmatory testing Most importantly, the deficiency illuminate the MIL. While over 14,000 means that no certificate would be provisions cannot be used as a means to pound heavy-duty vehicles are very issued until the cause of the avoid compliance or delay different from light-duty vehicles in noncompliance is fixed. implementation of any OBD monitors or as a means to compromise the overall terms of emission controls and OBD D. Deficiencies effectiveness of the OBD program. monitoring strategies, among other Our under 14,000 pound OBD things, these types of problems do not There has often been some confusion requirements have contained a depend on these differences and, as by manufacturers regarding what CARB deficiency provision for years. The OBD such, are as likely to occur with over deficiency provision was first has termed ‘‘retroactive’’ deficiencies. 14,000 pound OBD as they are with introduced on March 23, 1995 (60 FR The CARB rule states that, ‘‘During the under 14,000 pound OBD. Additionally, 15242), and was revised on December first 6 months after commencement of we believe that there is great value in 22, 1998 (63 FR 70681). Consistent with normal production, manufacturers may having manufacturers self-test actual that provision, we proposed and are request that the Executive Officer grant production end products that operate on finalizing a deficiency provision for a deficiency and amend an engine’s the road, as opposed to pre-production over 14,000 pound OBD. We believe certification to conform to the granting products, where errors can be found in that, like has occurred and even still of the deficiencies for each aspect of the individual subsystems that may work occurs with under 14,000 pound OBD, monitoring system: (a) Identified by the fine by themselves but not when some manufacturers will encounter manufacturer (during testing required integrated into a complete product (e.g., unforeseen and generally last minute by section (l)(2) or any other testing) to due to mistakes like improper wiring). problems with some of their OBD be functioning different than the Therefore, we are requiring that monitoring strategies despite having certified system or otherwise not manufacturers self-test a small fraction made a good faith effort to comply with meeting the requirements of any aspect of their product line to verify the requirements. Therefore, we are of section 1971.1; and (b) reported to the compliance with the OBD requirements. providing a provision that would permit Executive Officer.’’ 79 We have never The test requirements are divided into certification of an over 14,000 pound had and did not propose any such three distinct sections with each section OBD system with ‘‘deficiencies’’ in retroactive deficiency provision. We representing a test for a different portion of the OBD requirements. These three cases where a good faith effort to fully have regulations in place that govern sections being: compliance with the comply has been demonstrated. In situations, whether they be detected by making deficiency determinations, we applicable SAE and/or ISO EPA or by the manufacturer, where in- will consider the extent to which the standardization requirements; use vehicles or engines are determined OBD requirements have been satisfied compliance with the monitoring to be functioning differently than the requirements for proper DTC storage overall based on our review of the 80 certification application, the relative certified system. We refer to these and MIL illumination; and, compliance performance of the given OBD system regulations as our defect reporting with the in-use monitoring performance compared to systems that truly are fully requirements and manufacturers are ratios. compliant with the OBD requirements, required to comply with these 1. Verification of Standardization and a demonstrated good-faith effort on regulations, even for situations deemed Requirements the part of the manufacturer to both by CARB to be ‘‘retroactive’’ meet the requirements in full and come deficiencies, unless the defect is An essential part of the OBD system into full compliance as expeditiously as corrected prior to the sale of engines to is the requirement for standardization. possible. an ultimate purchaser. In other words, The standardization requirements We believe that having the deficiency a retroactive deficiency granted by the include items as simple as the location provision is important because it Executive Officer does not preclude a and shape of the diagnostic connector facilitates OBD implementation by manufacturer from complying with our (where technicians can ‘‘plug in’’ a scan allowing for certification of an engine defect reporting requirements. tool to the onboard computer) to more despite having a relatively minor complex subjects concerning the shortfall. Note that we do not expect to 78 The CARB HDOBD rulemaking has a provision manner and format in which DTC certify engines with OBD systems that to charge fees associated with OBD deficiencies 13 information is accessed by technicians have more than one deficiency, or to CCR 1971.1(k)(3), Docket ID# EPA–HQ–OAR–2005– via a ‘‘generic’’ scan tool. Manufacturers 0047–0006. We have never had and will continue allow carryover of any deficiency to the not to have any such fee provision. must meet these standardization following model year unless it can be 79 See 13 CCR 1971.1(k)(6), Docket ID# EPA–HQ– requirements to facilitate the success of demonstrated that correction of the OAR–2005–0047–0006. the OBD program because they ensure deficiency requires hardware and/or 80 See 40 CFR 85.1903. consistent access by all repair

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technicians to the stored information in these data, the engine manufacturer is currently being used to test 2005 and the onboard computer. The need for must submit for approval a test plan 2006 model year vehicles under 14,000 consistency is even greater when verifying that the vehicles scheduled for pounds. We believe that similar considering the potential use of OBD testing will be representative of all equipment could be developed for system checks in inspection and vehicle configurations (e.g., each engine vehicles over 14,000 pounds in time for maintenance (I/M) programs for heavy- control module variant coupled with the 2013 model year. Ideally, the duty. Such OBD based I/M checks and without the other available vehicle equipment and the test procedure would benefit from having access to the components that could affect scan tool would verify each and every diagnostic information in the onboard communication such as automatic requirement of the communication computer via a single ‘‘generic’’ scan transmission or hybrid powertrain specifications including the various tool instead of individual tools for every control modules). The plan must physical layers, message structure, make and model of truck that might be include details on all the different response times, and message content. inspected. For OBD based inspections to applications and configurations that Presumably, any such verification work effectively and efficiently, all will be tested. equipment would not replace the engines/vehicles must be designed and As noted, manufacturers will be function of existing ‘‘generic’’ scan tools built to meet all of the applicable required to conduct this testing on used by repair technicians or I/M standardization requirements. actual production vehicles, not stand- inspectors. The equipment would likely While we anticipate that the vast alone engines. This is important since be custom-designed and be used for the majority of vehicles would comply with controllers that work properly in a stand express purpose of this assembly line all of the standardization requirements, alone setting (e.g., the engine before it testing (i.e., it would not include all of some problems involving the is installed in a vehicle) may have the necessary diagnostic features needed communication between vehicles and interaction problems when installed and by repair technicians). ‘‘generic’’ scan tools are likely to occur attempting to communicate with other in the field. The cause of such problems vehicle controllers (e.g., the 2. Verification of Monitoring could range from differing transmission controller). In such a case, Requirements interpretations of the existing separate testing of the controllers would As noted above, the OBD system is a standardization requirements to be blind to the problem. Since heavy- complex software and hardware system, possible oversights by design engineers duty engine manufacturers are expected so there are many opportunities for or hardware inconsistencies or even to sell the same engine (with the same unintended interactions that can result last-minute production changes on the calibration) to various vehicle in certain elements of the system not assembly line. manufacturers who would put them in working as intended. The causes of To minimize the chance for such different final products (e.g., with possible problems vary from simple problems on future over 14,000 pound different transmission control modules), typing errors in the software code to trucks, we are requiring that engine the same communication problem component supplier hardware changes manufacturers test a sample of would be expected in each final late in development or just prior to start production vehicles from the assembly product. of production. Given the complexity of line to verify that the vehicles have This testing should occur soon OBD monitors and their associated indeed been designed and built to the enough in the production cycle to algorithms, there can be thousands of required specifications for provide manufacturers with early lines of software code required to meet communication with a ‘‘generic’’ scan feedback regarding the existence of any the diagnostic requirements. tool. We are requiring that problems and time to resolve the Implementing that code without manufacturers test complete vehicles to problem prior to the entire model year’s interfering with the software code ensure that they comply with some of products being introduced into the field. required for normal operation is and the basic ‘‘generic’’ scan tool We are requiring that the testing be done will be a very difficult task with many standardization requirements, including and the data submitted to us within opportunities for human error. We those that are essential for proper either three months of the start of expect that manufacturers will conduct inspection in an I/M setting. Ideally, normal engine production or one month some validation testing on end products manufacturers would test one vehicle of the start of vehicle production, to ensure that there are no problems that for each truck and engine model whichever is later. would be noticed by the vehicle combination that is introduced into To be sure that all manufacturers are operator. We believe that manufacturers commerce. However, for a large engine testing vehicles to the same level of should include in such verification manufacturer, this can be in the stringency, we are requiring that engine testing an evaluation of the OBD system neighborhood of 5,000 to 10,000 unique manufacturers submit documentation (e.g., does the MIL illuminate as combinations making it unreasonable to outlining the testing equipment and intended in response to a malfunction?). require testing of every combination. methods they intend to use to perform Therefore, we are requiring that Therefore, we are requiring that this testing. We anticipate that engine engine manufacturers perform a manufacturers test 10 such manufacturers and scan tool thorough level of validation testing on at combinations per engine family. Given manufacturers will probably develop a least one production vehicle and up to that a typical engine family has roughly common piece of hardware and software two more production engines per model five different engine ratings, this works that could be used by all engine year. The production vehicles/engines out to testing only around two vehicles manufacturers at the end of the vehicle required for testing would have to be per engine rating. assembly line to meet this requirement. equipped with/be from the same engine More specifically, manufacturers must Two different projects (SAE J1699 and families and ratings as used for the test one vehicle per software ‘‘version’’ LOC3T) have developed such certification demonstration testing released by the manufacturer. With equipment in response to California described in section VII.C. If a proper demonstration, manufacturers OBD II requirements.81 The equipment manufacturer demonstrated one, two, or will be allowed to group different three engines for certification, then at calibrations together to be demonstrated 81 13 CCR 1968.2, August 11, 2006, Docket ID# least one production vehicle and by a common vehicle. Prior to acquiring EPA–HQ–OAR–2005–0047–0005. perhaps an additional one to two

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engines would have to be tested, to determine how often they are grouped to represent sales of their respectively. We will work with the monitoring during in-use operation. engines, and the number of engines manufacturer and CARB staff to These requirements are discussed in tested per monitoring performance determine the actual vehicles and more detail in section II.E. To group. Manufacturers will be required to engines to test. summarize that discussion, monitors are submit performance ratio data from a The testing itself will consist of expected to execute in the real world sample of at least 15 vehicles per implanting or simulating malfunctions and meet a minimum acceptable monitoring performance group. For to verify that virtually every single performance level determined as the example, a manufacturer with two engine-related OBD monitor on the ratio of the number of good monitoring emission control system architectures vehicle correctly identifies the events to the number of actual trips. The sold into each of the line-haul, urban malfunction, stores an appropriate DTC, ratio required is 10 percent, meaning delivery, and ‘‘other’’ groupings, will be and illuminates the MIL. Manufacturers that monitors should execute during at required to submit data on up to 90 will not be required to conduct any least 10 percent of the trips taken by the vehicles (i.e., 2 × 3 × 15). We are emissions testing. Instead, for those engine/vehicle. Monitors that perform requiring that these data be collected malfunctions designed against an below the minimum ratio will be subject every year. Some manufacturers may emissions threshold, the manufacturer to remedial action and possibly recall. find it easiest to collect data from would simply implant or simulate a However, the minimum ratio is not vehicles that come in to its authorized malfunction and verify detection, DTC effective until the 2013 and later model repair facilities for routine maintenance storage, and MIL illumination. Actual years. For the 2010 through 2012 model or warranty work during the time period ‘‘threshold’’ parts will not be needed for year engines certified to today’s OBD required, while others may find it more such testing. Implanted malfunctions requirements, we are requiring that the advantageous to hire a contractor to could use severely deteriorated parts if data be collected even though the collect the data. Upon good cause, we desired by the manufacturer since the minimum ratio is not yet effective. The may extend the time period for testing. point of the testing is to verify detection, data gathered on these engines will help As stated before, the data collected DTC storage, and MIL illumination. to determine whether the 10 percent under this program are intended Upon submitting the data to the ratio is appropriate for all applications primarily to provide an early indication Administrator, the manufacturer will be and, if not, we intend to propose a that the systems are working as required to also provide a description of change to the requirement to reflect that intended in the field, to provide the testing and the methods used to learning. information to ‘‘fine-tune’’ the implant or simulate each malfunction. We are requiring that the engine requirement to track the performance of Note that testing of specific monitors manufacturer gather these data on monitors, and to provide data to be used will not be required if the manufacturer production vehicles rather than engines. to develop a more appropriate minimum can show that no possible test exists Since not every vehicle can be ratio for future regulatory revisions. The that could be done on that monitor evaluated, we are requiring that data are not intended to substitute for without causing physical damage to the manufacturers generate groups of testing that we would perform for production vehicle. We are requiring engine/vehicle combinations to ensure enforcement reasons to determine if a that the testing be completed and adequate representation of the fleet. manufacturer is complying with the reported to us within six months after Specifically, manufacturers will be minimum acceptable performance the manufacturer begins normal engine required to separate production vehicles ratios. In fact, the data collected would production. This should provide early into monitoring performance groups not likely meet all the required elements feedback on the performance of every based on the following criteria and for testing to make an official monitor on the vehicle prior to too submit performance ratio data determination that the system is many entering production. Upon good representative of each group: • noncompliant. As such, we believe the cause, we may extend the time period Emission control system testing will be of most value to for testing. architecture type—All engines that use manufacturers since monitor Note that, in their HDOBD rule,82 the same or similar emissions control performance problems can be corrected CARB allows, as an incentive to perform system architecture and associated prior to EPA conducting a full monitoring system would be in the same a thorough validation test, a enforcement action that could result in emission architecture category. By manufacturer to request that any a recall. problem discovered during this self-test architecture we mean engines with EGR be treated as a ‘‘retroactive’’ deficiency. + DPF + SCR, or EGR + DPF + NOX VIII. What Are the Issues Concerning Adsorber, or EGR + DPF-only, etc. Inspection and Maintenance Programs? As discussed in section VII.D, we do not • have a provision for retroactive Application type—Within an In the preamble to our proposal, we deficiencies. Importantly, a retroactive emission architecture category, engines included a discussion of issues deficiency granted by the Executive would be separated by vehicle surrounding potential future HDOBD- Officer does not preclude a application. The separate application based I/M programs. However, while we manufacturer from complying with our categories would be based on three sought comment on these issues, we did defect reporting requirements. This classifications: engines intended not make any formal proposals issue was discussed in more detail in primarily for line-haul chassis regarding HDOBD-based I/M. We section VII.D. applications, engines intended received a fair amount of comment and primarily for urban delivery chassis have summarized those comments in 3. Verification of In-Use Monitoring applications, and all other engines. the Summary and Analysis document Performance Ratios We are requiring that these data be contained in the docket for this rule.83 submitted to us within 12 months of the We are requiring that manufacturers We are taking no final action regarding production vehicles entering the market. track the performance of several of the HDOBD-based I/M at this time. We refer most important monitors on the engine Upon submitting the collected data to us, the manufacturer must also provide 83 Summary and Analysis of Comments 82 13 CCR 1971.1, Docket ID# EPA–HQ–OAR– a detailed description of how the data document, HDOBD final rule, EPA420–R–08–018, 2005–0047–0006. were gathered, how vehicles were Docket ID# EPA–HQ–OAR–2005–0047–0055.

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the reader to the proposal for our annual industry cost burden for the 12 manufacturers of large engines meant discussion of the issues, and our respondents of $1,236,481. for highway use. These are large Summary and Analysis document for a Burden means the total time, effort, or manufacturers. This action also changes summary of the comments we received. financial resources expended by persons existing requirements on manufacturers to generate, maintain, retain, or disclose of passenger car and smaller heavy-duty IX. Statutory and Executive Order or provide information to or for a engines meant for highway use. These Reviews Federal agency; technology and systems changes place no meaningful new A. Executive Order 12866: Regulatory for the purposes of collecting, requirements on those manufacturers. Planning and Review validating, and verifying. This includes D. Unfunded Mandates Reform Act This action is not a ‘‘significant the time needed to review instructions; Title II of the Unfunded Mandates regulatory action’’ under the terms of develop, acquire, install, and utilize Reform Act of 1995 (UMRA), Public Executive Order (EO) 12866 (58 FR information, processing and Law 104–4, establishes requirements for 51735, October 4, 1993) and is, maintaining information, and disclosing federal agencies to assess the effects of therefore, not subject to review under and providing information; adjust the their regulatory actions on state, local, the EO. existing ways to comply with any EPA prepared an analysis of the previously applicable instructions and and tribal governments, and the private potential costs associated with this requirements; train personnel to be able sector. Under section 202 of the UMRA, action. This analysis is contained in the to respond to a collection of EPA generally must prepare a written technical support document.84 A copy information; search data sources; statement, including a cost-benefit of the analysis is available in the docket complete and review the collection of analysis, for proposed and final rules and was summarized in section V of this information; and transmit or otherwise with ‘‘Federal mandates’’ that may preamble. disclose the information. result in expenditures to state, local, An agency may not conduct or and tribal governments, in the aggregate, B. Paperwork Reduction Act sponsor, and a person is not required to or to the private sector, of $100 million The information collection respond to a collection of information or more for any single year. Before requirements for this action have been unless it displays a currently valid OMB promulgating a rule for which a written submitted for approval to the Office of control number. The OMB control statement is needed, section 205 of the Management and Budget (OMB) under numbers for EPA’s regulations in 40 UMRA generally requires EPA to the Paperwork Reduction Act, 44 U.S.C. CFR are listed in 40 CFR part 9. identify and consider a reasonable number of regulatory alternatives and to 3501 et seq. The Information Collection C. Regulatory Flexibility Act (RFA), as adopt the least costly, most cost- Request (ICR) document prepared by Amended by the Small Business effective, or least burdensome EPA has been assigned EPA ICR number Regulatory Enforcement Fairness Act of alternative that achieves the objectives 1684.13. Under Title II of the Clean Air 1996 (SBREFA), 5 U.S.C. 601 et seq. Act (42 U.S.C. 7521 et seq.; CAA), EPA of the rule. The provisions of section is charged with issuing certificates of The Regulatory Flexibility Act (RFA) 205 do not apply when they are conformity for those engines that generally requires an agency to prepare inconsistent with applicable law. comply with applicable emission a regulatory flexibility analysis of any Moreover, section 205 allows EPA to standards. Such a certificate must be rule subject to notice and comment adopt an alternative that is not the least issued before engines may be legally rulemaking requirements under the costly, most cost-effective, or least introduced into commerce. EPA uses Administrative Procedure Act or any burdensome alternative if the certification information to verify that other statute unless the agency certifies Administrator publishes with the final the proper engine prototypes have been that the rule will not have a significant rule an explanation of why such an selected and that the necessary testing economic impact on a substantial alternative was not adopted. has been performed to assure that each number of small entities. Small entities Before EPA establishes any regulatory engine complies with emission include small businesses, small requirement that may significantly or standards. In addition, EPA also has the organizations, and small governmental uniquely affect small governments, authority under Title II of the Clean Air jurisdictions. including tribal governments, it must to ensure compliance by require in-use For purposes of assessing the impacts have developed under section 203 of the testing of vehicles and engines. EPA is of this action on small entities, small UMRA a small government agency plan. requiring additional information at the entity is defined as: (1) A small The plan must provide for notifying time of certification to ensure that the businesses defined by the Small potentially affected small governments, on-board diagnostic (OBD) requirements Business Administration’s (SBA) enabling officials of affected small are being met. EPA is also requiring that regulations at 13 DFR 121.201; (2) a governments to have meaningful and manufacturers conduct and report the small governmental jurisdiction that is a timely input in the development of EPA results of in-use testing of the OBD government of a city, county, town, regulatory proposals with significant systems to demonstrate that they are school district or special district with a Federal intergovernmental mandates, performing properly. Therefore, EPA is population of less than 50,000; and (3) and informing, educating, and advising requiring 207 hours of annual burden a small organization that is any not-for- small governments on compliance with per each of the 12 respondents to profit enterprise which is independently the regulatory requirements. This rule contains no federal conduct the OBD certification, owned and operated and is not mandates (under the regulatory compliance, and in-use testing dominant in its field. After considering the economic provisions of Title II of the UMRA) for requirements required by this action. impacts of this action on small entities, State, local, or tribal governments or the EPA estimates that the total of the of the I certify that this final action will not private sector. The rule imposes no 2484 hours of annual cost burden will have a significant economic impact on enforceable duties on any of these be $16,018 per respondent for a total a substantial number of small entities. entities. Nothing in the rule would 84 Final Technical Support Document, HDOBD This action will not impose any significantly or uniquely affect small final rule, EPA420–R–08–019, Docket ID# EPA– requirements on small entities. This governments. We have determined that HQ–OAR–2005–0047–0056. action places new requirements on this rule does not contain a federal

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mandate that may result in estimated circumstances specific to such listed in § 86.1 of the regulatory text, expenditures of more than $100 million communities exist that would cause an and directions for how they may be to the private sector in any single year. impact on these communities beyond obtained are provided in § 86.1. Therefore, this action is not subject to those discussed in the other sections of the requirements of sections 202 or 205 this document. Thus, Executive Order J. Executive Order 12898: Federal of the UMRA. Further, this action is also 13175 does not apply to this action. Actions To Address Environmental not subject to the requirements of Justice in Minority Populations and G. Executive Order 13045: Protection of section 203 of UMRA. Low-Income Populations Children From Environmental Health E. Executive Order 13132: Federalism and Safety Risks Executive Order (EO) 12898 (59 FR Executive Order 13132, entitled Executive Order 13045, ‘‘Protection of 7629 (Feb. 16, 1994)) establishes federal ‘‘Federalism’’ (64 FR 43255, August 10, Children from Environmental Health executive policy on environmental 1999), requires EPA to develop an Risks and Safety Risks’’ (62 FR 19885, justice. Its main provision directs accountable process to ensure April 23, 1997) applies to any rule that: federal agencies, to the greatest extent ‘‘meaningful and timely input by State (1) Is determined to be ‘‘economically practicable and permitted by law, to and local officials in the development of significant’’ as defined under Executive make environmental justice part of their regulatory policies that have federalism Order 12866; and, (2) concerns an mission by identifying and addressing, implications.’’ ‘‘Policies that have environmental health or safety risk that as appropriate, disproportionately high federalism implications’’ is defined in EPA has reason to believe may have a and adverse human health or the Executive Order to include disproportionate effect on children. If environmental effects of their programs, regulations that have ‘‘substantial direct the regulatory action meets both criteria, policies, and activities on minority effects on the States, on the relationship the Agency must evaluate the populations and low-income between the national government and environmental health or safety effects of populations in the United States. the States, or on the distribution of the planned rule on children, and power and responsibilities among the explain why the planned regulation is EPA has determined that this final various levels of government.’’ preferable to other potentially effective rule will not have disproportionately This action does not have federalism and reasonably feasible alternatives high and adverse human health or implications. It will not have substantial considered by the Agency. environmental effects on minority or direct effects on the States, on the This action is not subject to the low-income populations because it relationship between the national Executive Order because it is not an increases the level of environmental government and the States, or on the economically significant regulatory protection for all affected populations distribution of power and action as defined by Executive Order without having any disproportionately responsibilities among the various 12866, and because the Agency does not high and adverse human health or levels of government, as specified in have reason to believe the environmental effects on any Executive Order 13132. This action environmental health or safety risks population, including any minority or places new requirements on addressed by this action present a low-income population. This action manufacturers of large engines meant disproportionate risk to children. applies to all newly produced engines for highway use and changes existing nationwide once implemented without requirements on manufacturers of H. Executive Order 13211: Actions That regard for where those engines are passenger car and smaller heavy-duty Significantly Affect Energy Supply, ultimately used. EPA believes that all engines meant for highway use. These Distribution, or Use segments of society will benefit equally changes do not affect States or the This action is not subject to Executive as a result of today’s action and that no relationship between the national Order 13211 (66 FR 28355 (May 22, government and the States. Thus, 2001)), because it is not a significant one will suffer adverse human health or Executive Order 13132 does not apply regulatory action under Executive Order environmental effects. to this rule. 12866. K. Congressional Review Act F. Executive Order 13175: Consultation I. National Technology Transfer The Congressional Review Act, 5 and Coordination With Indian Tribal Advancement Act Governments U.S.C. 801 et seq., as added by the Small Section 12(d) of the National Business Regulatory Enforcement Executive Order 13175, entitled Technology Transfer and Advancement Fairness Act of 1996, generally provides ‘‘Consultation and Coordination with Act of 1995 (NTTAA), Section 12(d) of that before a rule may take effect, the Indian Tribal Governments’’ (65 FR Public Law 104–113, directs EPA to use agency promulgating the rule must 67249, November 9, 2000), requires EPA voluntary consensus standards in its submit a rule report, which includes a to develop an accountable process to regulatory activities unless to do so copy of the rule, to each House of the ensure ‘‘meaningful and timely input by would be inconsistent with applicable Congress and to the Comptroller General tribal officials in the development of law or otherwise impractical. Voluntary of the United States. EPA will submit a regulatory policies that have tribal consensus standards are technical report containing this rule and other implications.’’ This action does not have standards (e.g., materials specifications, tribal implications, as specified in test methods, sampling procedures, and required information to the U.S. Senate, Executive Order 13175. This action does business practices) developed or the U.S. House of Representatives, and not uniquely affect the communities of adopted by voluntary consensus the Comptroller General of the United American Indian tribal governments standards bodies. The NTTAA directs States prior to publication of the rule in since the motor vehicle requirements for EPA to provide Congress, through OMB, the Federal Register. A Major rule private businesses in this action would explanations when the Agency decides cannot take effect until 60 days after it have national applicability. not to use available and applicable is published in the Federal Register. Furthermore, this action does not voluntary consensus standards. This action is not a ‘‘major rule’’ as impose any direct compliance costs on This final rule references technical defined by 5 U.S.C. 804(2). This rule these communities and no standards. The technical standards are will be effective April 27, 2009.

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X. Statutory Provisions and Legal 40 CFR Part 1065 Materials, 100 Barr Harbor Drive, West Authority Environmental protection, Conshohocken, PA 19428–2959, or by Statutory authority for today’s final Administrative practice and procedure, calling 610–832–9585, or at http:// rule is found in the Clean Air Act, 42 Incorporation by reference, Reporting www.astm.org. U.S.C. 7401 et seq., in particular, and recordkeeping requirements, (i) ASTM D 975–04c, Standard sections 202 and 206 of the Act, 42 Research. Specification for Diesel Fuel Oils, IBR approved for §§ 86.1910, 86.213–11. U.S.C. 7521, 7525. This rule is being 40 CFR Part 1068 promulgated under the administrative (ii) ASTM D1945–91, Standard Test and procedural provisions of Clean Air Environmental protection, Method for Analysis of Natural Gas by Act section 307(d), 42 U.S.C. 7607(d). Administrative practice and procedure, Gas Chromatography, IBR approved for Confidential business information, §§ 86.113–94, 86.513–94, 86.1213–94, List of Subjects Imports, Incorporation by reference, 86.1313–94. 40 CFR Part 86 Motor vehicle pollution, Penalties, (iii) ASTM D2163–91, Standard Test Reporting and recordkeeping Method for Analysis of Liquefied Environmental protection, requirements, Warranties. Petroleum (LP) Gases and Propane Administrative practice and procedure, Dated: December 4, 2008. Concentrates by Gas Chromatography, Incorporation by reference, Motor IBR approved for §§ 86.113–94, Stephen L. Johnson, vehicle pollution. 86.1213–94, 86.1313–94. Administrator. 40 CFR Part 89 (iv) ASTM D2986–95a, Reapproved ■ For the reasons set out in the 1999, Standard Practice for Evaluation Environmental protection, preamble, title 40 chapter I of the Code of Air Assay Media by the Administrative practice and procedure, of Federal Regulations is amended as Monodisperse DOP (Dioctyl Phthalate) Confidential business information, follows: Smoke Test, IBR approved for Imports, Labeling, Motor vehicle §§ 86.1310–2007. PART 86—CONTROL OF EMISSIONS pollution, Reporting and recordkeeping (v) ASTM D5186–91, Standard Test FROM NEW AND IN-USE HIGHWAY requirements, Research, Vessels, Method for Determination of Aromatic VEHICLES AND ENGINES Warranty. Content of Diesel Fuels by Supercritical 40 CFR Part 90 ■ 1. The authority citation for part 86 Fluid Chromatography, IBR approved for §§ 86.113–07, 86.1313–91, 86.1313– Environmental protection, continues to read as follows: 94, 86.1313–98, 1313–2007. Administrative practice and procedure, Authority: 42 U.S.C. 7401–7671q. (vi) ASTM E29–67, Reapproved 1980, Confidential business information, ■ 2. Section 86.1 is revised to read as Standard Recommended Practice for Imports, Labeling, Reporting and follows: Indicating Which Places of Figures Are recordkeeping requirements, Research, To Be Considered Significant in Warranty. § 86.1 Reference materials. (a) The documents in paragraph (b) of Specified Limiting Values, IBR 40 CFR Part 1027 this section have been incorporated by approved for § 86.1105–87. Environmental protection, reference into this part with the (vii) ASTM E29–90, Standard Practice Administrative practice and procedure, approval of the Director of the Federal for Using Significant Digits in Test Data Air pollution control, Imports, Register under 5 U.S.C. 552(a) and 1 to Determine Conformance with Reporting and recordkeeping CFR part 51. To enforce any edition Specifications, IBR approved for requirements. other than that specified in this section, §§ 86.609–84, 86.609–96, 86.609–97, a notice of change must be published in 86.609–98, 86.1009–84, 86.1009–96, 40 CFR Part 1033 the Federal Register and the material 86.1442, 86.1708–99, 86.1709–99, Environmental protection, must be available to the public. All 86.1710–99, 86.1728–99. Administrative practice and procedure, approved material is available for (viii) ASTM E29–93a, Standard Confidential business information, inspection at the National Archives and Practice for Using Significant Digits in Incorporation by reference, Labeling, Records Administration (NARA). For Test Data to Determine Conformance Penalties, Railroads, Reporting and information on the availability of this with Specifications, IBR approved for recordkeeping requirements. material at NARA, call 202–741–6030 or §§ 86.098–15, 86.004–15, 86.007–11, go to http://www.archives.gov/federal_ 86.007–15, 86.1803–01, 86.1823–01, 40 CFR Part 1042 register/code_of_federal_regulations/ 86.1824–01, 86.1825–01, 86.1837–01. Environmental protection, ibr_ locations.html. Also, the material is (ix) ASTM F1471–93, Standard Test Administrative practice and procedure, available for inspection at the Air Method for Air Cleaning Performance of Air pollution control, Confidential Docket, EPA/DC, EPA West, Room a High-Efficiency Particulate Air-Filter business information, Imports, B102, 1301 Constitution Ave., NW., System, IBR approved § 86.1310–2007. Incorporation by reference, Labeling, Washington, DC. The Public Reading (2) SAE material. Copies of these Penalties, Vessels, Reporting and Room is open from 8:30 a.m. to 4:30 materials may be obtained from Society recordkeeping requirements, p.m., Monday through Friday, excluding of Automotive Engineers International, Warranties. legal holidays. The telephone number 400 Commonwealth Dr., Warrendale, for the Air Docket is 202–566–1742. PA 15096–0001, or by calling 724–776– 40 CFR Parts 1048, 1054, and 1060 Copies are also available from the 4841, or at http://www.sae.org. Environmental protection, sources listed below. (i) SAE J1151, December 1991, Administrative practice and procedure, (b) The following paragraphs set forth Methane Measurement Using Gas Air pollution control, Confidential the material that has been incorporated Chromatography, 1994 SAE business information, Imports, by reference in this part. Handbook—SAE International Incorporation by reference, Labeling, (1) ASTM material. Copies of these Cooperative Engineering Program, Penalties, Reporting and recordkeeping materials may be obtained from Volume 1: Materials, Fuels, Emissions, requirements, Warranties. American Society for Testing and and Noise; Section 13 and page 170

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(13.170), IBR approved for §§ 86.111–94; §§ 86.005–17, 86.007–17, 86.1806–04, (xxxiii) SAE J2012, July 1996, 86.1311–94. 86.1806–05. Recommended Practice for Diagnostic (ii) SAE J1349, June 1990, Engine (xvii) SAE J1939–31, Revised Trouble Code Definitions, IBR approved Power Test Code—Spark Ignition and December 1997, Network Layer, IBR for §§ 86.099–17, 86.1806–01. Compression Ignition, IBR approved for approved for §§ 86.005–17, 86.007–17, (xxxiv) SAE J2012, Revised April §§ 86.094–8, 86.096–8. 86.1806–04, 86.1806–05. 2002, (R) Diagnostic Trouble Code (iii) SAE J1850, July 1995, Class B (xviii) SAE J1939–71, May 1996, Definitions Equivalent to ISO/DIS Data Communication Network Interface, Vehicle Application Layer, IBR 15031–6: April 30, 2002, IBR approved IBR approved for §§ 86.099–17, approved for §§ 86.005–17, 86.1806–05. for §§ 86.005–17, 86.007–17, 86.010–18, 86.1806–01. (xix) SAE J1939–71, Revised August 86.1806–04, 86.1806–05. (iv) SAE J1850, Revised May 2001, 2002, Vehicle Application Layer— (xxxv) SAE J2284–3, May 2001, High Class B Data Communication Network J1939–71 (through 1999), IBR approved Speed CAN (HSC) for Vehicle Interface, IBR approved for §§ 86.005– for §§ 86.005–17, 86.007–17, 86.1806– Applications at 500 KBPS, IBR 17, 86.007–17, 86.1806–04, 86.1806–05. 04, 86.1806–05. approved for §§ 86.096–38, 86.004–38, (v) SAE J1877, July 1994, (xx) SAE J1939–71, Revised January 86.007–38, 86.010–38, 86.1808–01, Recommended Practice for Bar-Coded 2008, Vehicle Application Layer 86.1808–07. Vehicle Identification Number Label, (Through February 2007), IBR approved (xxxvi) SAE J2403, Revised August IBR approved for §§ 86.095–35, for § 86.010–38. 2007, Medium/Heavy-Duty E/E Systems 86.1806–01. (xxi) SAE J1939–73, February 1996, Diagnosis Nomenclature—Truck and (vi) SAE J1892, October 1993, Application Layer—Diagnostics, IBR Bus, IBR approved for §§ 86.007–17, Recommended Practice for Bar-Coded approved for §§ 86.005–17, 86.1806–05. 86.010–18, 86.010–38, 86.1806–05. Vehicle Emission Configuration Label, (xxii) SAE J1939–73, Revised June (xxxvii) SAE J2534, February 2002, IBR approved for §§ 86.095–35, 2001, Application Layer—Diagnostics, Recommended Practice for Pass-Thru 86.1806–01. IBR approved for §§ 86.005–17, 86.007– Vehicle Programming, IBR approved for (vii) SAE J1930, Revised May 1998, 17, 86.1806–04, 86.1806–05. §§ 86.096–38, 86.004–38, 86.007–38, (xxiii) SAE J1939–73, Revised Electrical/Electronic Systems Diagnostic 86.010–38, 86.1808–01, 86.1808–07. September 2006, Application Layer— Terms, Definitions, Abbreviations, and (xxxviii) SAE J2534–1, Revised Diagnostics, IBR approved for Acronyms, IBR approved for §§ 86.096– December 2004, (R) Recommended §§ 86.010–18, 86.010–38. 38, 86.004–38, 86.007–38, 86.010–38, Practice for Pass-Thru Vehicle (xxiv) SAE J1939–81, July 1997, 86.1808–01, 86.1808–07. Programming, IBR approved for Recommended Practice for Serial (viii) SAE J1930, Revised April 2002, § 86.010–38. Control and Communications Vehicle (3) ANSI material. Copies of these Electrical/Electronic Systems Diagnostic Network Part 81—Network materials may be obtained from the Terms, Definitions, Abbreviations, and Management, IBR approved for American National Standards Institute, Acronyms—Equivalent to ISO/TR §§ 86.005–17, 86.007–17, 86.1806–04, 25 W 43rd Street, 4th Floor, New York, 15031–2: April 30, 2002, IBR approved 86.1806–05. NY 10036, or by calling 212–642–4900, for §§ 86.005–17, 86.007–17, 86.010–18, (xxv) SAE J1939–81, Revised May or at http://www.ansi.org. 86.1806–04, 86.1806–05. 2003, Network Management, IBR (i) ANSI/AGA NGV1–1994, Standard (ix) SAE J1937, November 1989, approved for § 86.010–38. for Compressed Natural Gas Vehicle Engine Testing with Low Temperature (xxvi) SAE J1962, January 1995, (NGV) Fueling Connection Devices, IBR Charge Air Cooler Systems in a Diagnostic Connector, IBR approved for approved for §§ 86.001–9, 86.004–9, Dynamometer Test Cell, IBR approved §§ 86.099–17, 86.1806–01. 86.098–8, 86.099–8, 86.099–9, 86.1810– for §§ 86.1330–84, 86.1330–90. (xxvii) SAE J1962, Revised April 01. (x) SAE J1939, Revised October 2007, 2002, Diagnostic Connector Equivalent (ii) [Reserved] Recommended Practice for a Serial to ISO/DIS 15031–3; December 14, 2001, (4) California regulatory requirements. Control and Communications Vehicle IBR approved for §§ 86.005–17, 86.007– Copies of these materials may be Network, IBR approved for §§ 86.010– 17, 86.010–18, 86.1806–04, 86.1806–05. obtained from U.S. EPA, see paragraph 18. (xxviii) SAE J1978, Revised April (a) of this section, or from the California (xi) SAE J1939–11, December 1994, 2002, OBD II Scan Tool—Equivalent to Air Resources Board by calling 916– Physical Layer—250K bits/s, Shielded ISO/DIS 15031–4; December 14, 2001, 322–2884, or at http://www.arb.ca.gov. Twisted Pair, IBR approved for IBR approved for §§ 86.005–17, 86.007– (i) California Regulatory Requirements §§ 86.005–17, 86.1806–05. 17, 86.010–18, 86.1806–04, 86.1806–05. Applicable to the ‘‘LEV II’’ Program, (xii) SAE J1939–11, Revised October (xxix) SAE J1979, July 1996, E/E including: 1999, Physical Layer—250K bits/s, Diagnostic Test Modes, IBR approved (A) California Exhaust Emission Shielded Twisted Pair, IBR approved for for §§ 86.099–17, 86.1806–01. Standards and Test Procedures for 2003 §§ 86.005–17, 86.007–17, 86.1806–04, (xxx) SAE J1979, Revised September and Subsequent Model Zero-Emission 86.1806–05. 1997, E/E Diagnostic Test Modes, IBR Vehicles and 2001 and Subsequent (xiii) SAE J1939–13, July 1999, Off- approved for §§ 86.096–38, 86.004–38, Model Hybrid Electric Vehicles, in the Board Diagnostic Connector, IBR 86.007–38, 86.010–38, 86.1808–01, Passenger Car, Light-duty Truck and approved for §§ 86.005–17, 86.007–17, 86.1808–07. Medium-duty Vehicle Classes, August 5, 86.1806–04, 86.1806–05. (xxxi) SAE J1979, Revised April 2002, 1999, IBR approved for §§ 86.1806–01, (xiv) SAE J1939–13, Revised March E/E Diagnostic Test Modes—Equivalent 86.1811–04, 86.1844–01. 2004, Off-Board Diagnostic Connector, to ISO/DIS 15031–5; April 30, 2002, IBR (B) California Non-Methane Organic IBR approved for § 86.010–18. approved for §§ 86.099–17, 86.005–17, Gas Test Procedures, August 5, 1999, (xv) SAE J1939–21, July 1994, Data 86.007–17, 86.1806–01, 86.1806–04, IBR approved for §§ 86.1803–01, Link Layer, IBR approved for §§ 86.005– 86.1806–05. 86.1810–01, 86.1811–04. 17, 86.1806–05. (xxxii) SAE J1979, Revised May 2007, (ii) California Regulatory (xvi) SAE J1939–21, Revised April (R) E/E Diagnostic Test Modes, IBR Requirements Applicable to the 2001, Data Link Layer, IBR approved for approved for § 86.010–18, 86.010–38. National Low Emission Vehicle

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Program, October 1996, IBR approved Mailing address: NIST Public Inquiries, in accordance with test procedures set for §§ 86.113–04, 86.612–97, 86.1012– NIST, 100 Bureau Drive, Stop 3460, forth in subpart N of this part (engine- 97, 86.1702–99, 86.1708–99, 86.1709– Gaithersburg, Md., 20899–3460. If you based test procedures) excluding the test 99, 86.1717–99, 86.1735–99, 86.1771– have a GPO stock number, you can procedure referred to as the 99, 86.1775–99, 86.1776–99, 86.1777– purchase printed copies of NIST ‘‘Supplemental emission test; test cycle 99, Appendix XVI, Appendix XVII. publications from GPO. Orders should and procedures’’ contained in § 86.1360, (iii) California Regulatory be sent to the Superintendent of and excluding the test procedure Requirements known as On-board Documents, U.S. Government Printing referred to as the ‘‘Not-To-Exceed Test Diagnostics II (OBD–II), Approved on Office, Washington, DC 20402–9325. Procedure’’ contained in § 86.1370, and April 21, 2003, Title 13, California Code For more information, or to place an excluding the test procedure referred to Regulations, Section 1968.2, order, call (202) 512–1800, fax: (202) as the ‘‘Load Response Test’’ contained Malfunction and Diagnostic System 512–2250. More information can also be in § 86.1380. Requirements for 2004 and Subsequent found at http://www.nist.gov. (1) Catalysts and particulate filters. Model-Year Passenger Cars, Light-Duty (i) NIST Special Publication 811, 1995 (i) Otto-cycle. Catalyst deterioration or Trucks, and Medium-Duty Vehicles and Edition, Guide for the Use of the malfunction before it results in an Engines (OBD–II), IBR approved for International System of Units (SI), IBR increase in NMHC (or NOX+NMHC, as § 86.1806–05. approved for § 86.1901. applicable) emissions 1.5 times the (iv) California Regulatory (ii) [Reserved] NMHC (or NOX+NMHC, as applicable) Requirements known as On-board (7) Truck and Maintenance Council standard or family emission limit (FEL), Diagnostics II (OBD–II), Approved on material. Copies of these materials may as compared to the NMHC (or November 9, 2007, Title 13, California be obtained from the Truck and NOX+NMHC, as applicable) emission Code Regulations, Section 1968.2, Maintenance Council, 950 North Glebe level measured using a representative Malfunction and Diagnostic System Road, Suite 210, Arlington, VA 22203– 4000 mile catalyst system. Requirements for 2004 and Subsequent 4181, or by calling 703–838–1754. (ii) Diesel. Model-Year Passenger Cars, Light-Duty (i) TMC RP 1210B, Revised June 2007, (A) If equipped, reduction catalyst Trucks, and Medium-Duty Vehicles and WINDOWSTM COMMUNICATION API, deterioration or malfunction before it Engines (OBD–II), IBR approved for IBR approved for § 86.010–38. results in exhaust NOX emissions §§ 86.007–17, 86.1806–05. (ii) [Reserved] exceeding, for model years 2007 through (5) ISO material. Copies of these ■ 3. Section 86.007–17 is added to 2012, either 1.75 times the applicable materials may be obtained from the Subpart A to read as follows: NOX standard for engines certified to a International Organization for NOX family emission limit (FEL) greater Standardization, Case Postale 56, CH– § 86.007–17 On-board Diagnostics for than 0.50 g/bhp-hr, or the applicable 1211 Geneva 20, Switzerland, or by engines used in applications less than or NOX FEL+0.6 g/bhp-hr for engines equal to 14,000 pounds GVWR. calling 41–22–749–01–11, or at http:// certified to a NOX FEL less than or equal www.iso.org. (a) General. to 0.50 g/bhp-hr and, for model years (i) ISO 9141–2, February 1, 1994, (1) All heavy-duty engines intended 2013 and later, the applicable NOX Road vehicles—Diagnostic systems— for use in a heavy-duty vehicle weighing FEL+0.3 g/bhp-hr. If equipped, diesel Part 2: CARB requirements for 14,000 pounds GVWR or less must be oxidation catalyst (DOC) deterioration interchange of digital information, IBR equipped with an on-board diagnostic or malfunction before it results in approved for §§ 86.099–17, 86.005–17, (OBD) system capable of monitoring all exhaust NMHC emissions exceeding, for 86.007–17, 86.1806–01, 86.1806–04, emission-related engine systems or model years 2010 through 2012, 2.5 86.1806–05. components during the applicable times the applicable NMHC standard (ii) ISO 14230–4:2000(E), June 1, useful life. Heavy-duty engines intended and, for model years 2013 and later, 2 2000, Road vehicles—Diagnostic for use in a heavy-duty vehicle weighing times the applicable NMHC standard. systems—KWP 2000 requirements for 14,000 pounds GVWR or less must meet These catalyst monitoring requirements Emission-related systems, IBR approved the OBD requirements of this section need not be done if the manufacturer for §§ 86.099–17, 86.005–17, 86.007–17, according to the phase-in schedule in can demonstrate that deterioration or 86.1806–01, 86.1806–04, 86.1806–05. paragraph (k) of this section. All malfunction of the system will not (iii) ISO 15765–4.3:2001, December monitored systems and components result in exceedance of the threshold. 14, 2001, Road Vehicles—Diagnostics must be evaluated periodically, but no As an alternative, oxidation catalyst on Controller Area Networks (CAN)— less frequently than once per applicable deterioration or malfunction before it Part 4: Requirements for emissions- certification test cycle as defined in results in an inability to achieve a related systems, IBR approved for Appendix I, paragraph (f), of this part, temperature rise of 100 degrees C, or to §§ 86.005–17, 86.007–17, 86.1806–04, or similar trip as approved by the reach the necessary diesel particulate 86.1806–05. Administrator. filter (DPF) regeneration temperature, (iv) ISO 15765–4:2005(E), January 15, (2) An OBD system demonstrated to within 60 seconds of initiating an active 2005, Road Vehicles—Diagnostics on fully meet the requirements in DPF regeneration. Further, oxidation Controller Area Networks (CAN)—Part § 86.1806–05 may be used to meet the catalyst deterioration or malfunction 4: Requirements for emissions-related requirements of this section, provided when the DOC is unable to sustain the systems, IBR approved for §§ 86.007–17, that the Administrator finds that a necessary regeneration temperature for 86.010–18, 86.1806–05. manufacturer’s decision to use the the duration of the regeneration event. (6) NIST material. NIST publications flexibility in this paragraph (a)(2) is The OBD or control system must abort are sold by the Government Printing based on good engineering judgment. the regeneration if the regeneration Office (GPO) and by the National (b) Malfunction descriptions. The temperature has not been reached Technical Information Service (NTIS). OBD system must detect and identify within five minutes of initiating an To purchase a NIST publication you malfunctions in all monitored emission- active regeneration event, and if the must have the order number. Order related engine systems or components regeneration temperature cannot be numbers are available from the NIST according to the following malfunction sustained for the duration of the Public Inquiries Unit at (301) 975–NIST. definitions as measured and calculated regeneration event.

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(B) If equipped with a DPF for model applicable) or CO; and any misfire (A) Otto-cycle. If equipped, sensor years 2007 through 2009, catastrophic capable of damaging the catalytic deterioration or malfunction resulting in failure of the device must be detected. converter. exhaust emissions exceeding 1.5 times Any DFP whose complete failure results (ii) Diesel. Lack of cylinder the applicable standard or FEL for in exhaust emissions exceeding 1.5 combustion must be detected. NMHC, NOX or CO. times the applicable standard or FEL for (3) Exhaust gas sensors. (B) Diesel. If equipped, sensor NMHC (or NOX+NMHC, as applicable) (i) Oxygen sensors and air-fuel ratio deterioration or malfunction resulting in or PM must be monitored for such sensors downstream of aftertreatment exhaust emissions exceeding any of the catastrophic failure. This monitoring devices. following levels: the applicable PM need not be done if the manufacturer (A) Otto-cycle. If equipped, sensor FEL+0.04 g/bhp-hr or 0.05 g/bhp-hr PM, can demonstrate that a catastrophic deterioration or malfunction resulting in whichever is higher; or, for model years failure of the system will not result in exhaust emissions exceeding 1.5 times 2007 through 2012, 1.75 times the exceedance of the threshold. If equipped the applicable standard or FEL for applicable NOX standard for engines with a DPF for model years 2010 and NMHC, NOX or CO. certified to a NOX FEL greater than 0.50 (B) Diesel. If equipped, sensor later, DPF deterioration or malfunction g/bhp-hr; or, the applicable NOX before it results in exhaust emissions deterioration or malfunction resulting in FEL+0.6 g/bhp-hr for engines certified exceeding the applicable PM FEL+0.04 exhaust emissions exceeding any of the to a NOX FEL less than or equal to 0.50 g/bhp-hr or 0.05 g/bhp-hr PM, following levels: The applicable PM g/bhp-hr and, for model years 2013 and whichever is higher. As an alternative to FEL+0.04 g/bhp-hr or 0.05 g/bhp-hr PM, later, the applicable NOX FEL+0.3 this requirement for 2010 through 2012, whichever is higher; or, for model years g/bhp-hr. the OBD system can be designed to 2007 through 2012, 1.75 times the (4) Evaporative leaks. If equipped, any detect a malfunction based on a applicable NOX standard for engines vapor leak in the evaporative and/or detectable decrease in the expected certified to a NOX FEL greater than 0.50 refueling system (excluding the tubing pressure drop across the DPF for a g/bhp-hr, or, the applicable NOX and connections between the purge period of 5 seconds or more, whenever FEL+0.6 g/bhp-hr for engines certified valve and the intake manifold) greater the engine is speed is greater than or to a NOX FEL less than or equal to 0.50 than or equal in magnitude to a leak equal to 50% (as defined in § 1065.610, g/bhp-hr and, for model years 2013 and caused by a 0.040 inch diameter orifice; Eq. 1065.610–3) and engine load, or later, the applicable NOX FEL+0.3 g/ an absence of evaporative purge air flow torque, is greater than or equal to 50% bhp-hr; or, for model years 2010 through from the complete evaporative emission of the maximum available at that speed 2012, 2.5 times the applicable NMHC control system. Where fuel tank under standard emission test standard and, for model years 2013 and capacity is greater than 25 gallons, the conditions. For purposes of this later, 2 times the applicable NMHC Administrator may, following a request paragraph, the detectable change in standard. from the manufacturer, revise the size of pressure drop is defined by operating (ii) Oxygen sensors and air-fuel ratio the orifice to the smallest orifice the engine at its 50% speed and 50% sensors upstream of aftertreatment feasible, based on test data, if the most load point under standard emission test devices. reliable monitoring method available conditions, observing the pressure drop (A) Otto-cycle. If equipped, sensor cannot reliably detect a system leak on a clean DPF, and multiplying the deterioration or malfunction resulting in equal to a 0.040 inch diameter orifice. observed pressure drop by 0.5. The exhaust emissions exceeding 1.5 times (5) Other emission control systems detectable change in pressure drop shall the applicable standard or FEL for and components. be reported in units of kilopascals (kPa). NMHC, NOX or CO. (i) Otto-cycle. Any deterioration or At time of certification, manufacturers (B) Diesel. If equipped, sensor malfunction occurring in an engine shall provide the detectable change in deterioration or malfunction resulting in system or component directly intended pressure drop value along with OBD exhaust emissions exceeding any of the to control emissions, including but not engine data parameters recorded at the following levels: for model years 2007 necessarily limited to, the exhaust gas following nine engine speed/load through 2009, the applicable PM recirculation (EGR) system, if equipped, operating points with a clean DPF: 50% FEL+0.04 g/bhp-hr or 0.05 g/bhp-hr PM, the secondary air system, if equipped, speed, 50% load; 50% speed, 75% load, whichever is higher and, for model and the fuel control system, singularly 50% speed, 100% load; 75% speed, years 2010 and later, the applicable PM resulting in exhaust emissions 50% load; 75% speed, 75% load; 75% FEL+0.02 g/bhp-hr or 0.03 g/bhp-hr PM, exceeding 1.5 times the applicable speed, 100% load; 100% speed, 50% whichever is higher; or, for model years emission standard or FEL for NMHC, load; 100% speed, 75% load; and 100% 2007 through 2012, 1.75 times the NOX or CO. For engines equipped with speed, 100% load. The OBD engine data applicable NOX standard for engines a secondary air system, a functional pararmeters to be reported are described certified to a NOX FEL greater than 0.50 check, as described in paragraph (b)(6) in § 86.010–18(k)(4)(ii) and shall g/bhp-hr, or the applicable NOX of this section, may satisfy the include the following: engine speed; FEL+0.6 g/bhp-hr for engines certified requirements of this paragraph (b)(5) calculated load; air flow rate from mass to a NOX FEL less than or equal to 0.50 provided the manufacturer can air flow sensor (if so equipped); fuel g/bhp-hr and, for model years 2013 and demonstrate that deterioration of the rate; and DPF delta pressure. On all later, the applicable NOX FEL+0.3 flow distribution system is unlikely. engines so equipped, catastrophic g/bhp-hr ; or, for model years 2007 This demonstration is subject to failure of the particulate trap must also through 2012, 2.5 times the applicable Administrator approval and, if the be detected. In addition, the absence of NMHC standard and, for model years demonstration and associated functional the particulate trap or the trapping 2013 and later, 2 times the applicable check are approved, the diagnostic substrate must be detected. NMHC standard; or, for 2007 through system must indicate a malfunction (2) Engine misfire. 2012, 2.5 times the applicable CO when some degree of secondary airflow (i) Otto-cycle. Engine misfire resulting standard and, for model years 2013 and is not detectable in the exhaust system in exhaust emissions exceeding 1.5 later, 2 times the applicable CO during the check. For engines equipped times the applicable standard or FEL for standard. with positive crankcase ventilation NMHC, NOX (or NOX+NMHC, as (iii) NOX sensors. (PCV), monitoring of the PCV system is

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not necessary provided the response to computer commands) encountered and no new malfunctions manufacturer can demonstrate to the except that the Administrator may have been detected. Similar conditions Administrator’s satisfaction that the waive such a rationality or functionality are defined as engine speed within 375 PCV system is unlikely to fail. check where the manufacturer has rpm, engine load within 20 percent, and (ii) Diesel. Any deterioration or demonstrated infeasibility. engine warm-up status equivalent to malfunction occurring in an engine Malfunctions are defined as a failure of that under which the malfunction was system or component directly intended the system or component to meet the first detected. If any malfunction other to control emissions, including but not electrical circuit continuity checks or than a fuel system or engine misfire necessarily limited to, the exhaust gas the rationality or functionality checks. malfunction has been detected, the MIL recirculation (EGR) system, if equipped, (7) Performance of OBD functions. may be extinguished if the malfunction and the fuel control system, singularly Any sensor or other component does not reoccur during three resulting in exhaust emissions deterioration or malfunction which subsequent sequential trips during exceeding any of the following levels: renders that sensor or component which the monitoring system for model years 2007 through 2009, the incapable of performing its function as responsible for illuminating the MIL applicable PM FEL+0.04 g/bhp-hr or part of the OBD system must be detected functions without detecting the 0.05 g/bhp-hr PM, whichever is higher and identified on engines so equipped. malfunction, and no new malfunctions and, for model years 2010 and later, the (c) Malfunction indicator light (MIL). have been detected. Upon Administrator applicable PM FEL+0.02 g/bhp-hr or The OBD system must incorporate a approval, statistical MIL illumination 0.03 g/bhp-hr PM, whichever is higher; malfunction indicator light (MIL) protocols may be employed, provided or, for model years 2007 through 2012, readily visible to the vehicle operator. they result in comparable timeliness in 1.75 times the applicable NOX standard When illuminated, the MIL must detecting a malfunction and evaluating for engines certified to a NOX FEL display ‘‘Check Engine,’’ ‘‘Service system performance, i.e., three to six greater than 0.50 g/bhp-hr or the Engine Soon,’’ a universally driving cycles would be considered applicable NOX FEL+0.6 g/bhp-hr for recognizable engine symbol, or a similar acceptable. engines certified to a NOX FEL less than phrase or symbol approved by the (2) Drive cycle or driving cycle, in the or equal to 0.50 g/bhp-hr and, for model Administrator. More than one general context of this § 86.007–17 and for years 2013 and later, the applicable NOX purpose malfunction indicator light for model years 2010 and later, a drive FEL+0.3 g/bhp-hr; or, for model years emission-related problems should not cycle means operation that consists of 2007 through 2012, 2.5 times the be used; separate specific purpose engine startup and engine shutoff and applicable NMHC standard and, for warning lights (e.g., brake system, fasten includes the period of engine off time model years 2013 and later, 2 times the seat belt, oil pressure, etc.) are up to the next engine startup. For applicable NMHC standard; or, for permitted. The use of red for the OBD- vehicles that employ engine shutoff model years 2007 through 2012, 2.5 related malfunction indicator light is strategies (e.g., engine shutoff at idle), times the applicable CO standard and, prohibited. the manufacturer may use an alternative for model years 2013 and later, 2 times (d) MIL illumination. definition for drive cycle (e.g., key-on the applicable CO standard. A (1) The MIL must illuminate and followed by key-off). Any alternative functional check, as described in remain illuminated when any of the definition must be based on equivalence paragraph (b)(6) of this section, may conditions specified in paragraph (b) of to engine startup and engine shutoff satisfy the requirements of this this section are detected and verified, or signaling the beginning and ending of a paragraph (b)(5) provided the whenever the engine control enters a single driving event for a conventional manufacturer can demonstrate that a default or secondary mode of operation vehicle. For applications that span malfunction would not cause emissions considered abnormal for the given 14,000 pounds GVWR, the manufacturer to exceed the applicable levels. This engine operating conditions. The MIL may use the drive cycle definition of demonstration is subject to must blink once per second under any § 86.010–18 in lieu of the definition in Administrator approval. For engines period of operation during which engine this paragraph. equipped with crankcase ventilation misfire is occurring and catalyst damage (e) Storing of computer codes. The (CV), monitoring of the CV system is not is imminent. If such misfire is detected OBD system shall record and store in necessary provided the manufacturer again during the following driving cycle computer memory diagnostic trouble can demonstrate to the Administrator’s (i.e., operation consisting of, at a codes and diagnostic readiness codes satisfaction that the CV system is minimum, engine start-up and engine indicating the status of the emission unlikely to fail. shut-off) or the next driving cycle in control system. These codes shall be (6) Other emission-related engine which similar conditions are available through the standardized data components. Any other deterioration or encountered, the MIL must maintain a link connector per specifications as malfunction occurring in an electronic steady illumination when the misfire is referenced in paragraph (h) of this emission-related engine system or not occurring and then remain section. component not otherwise described illuminated until the MIL extinguishing (1) A diagnostic trouble code must be above that either provides input to or criteria of this section are satisfied. The stored for any detected and verified receives commands from the on-board MIL must also illuminate when the malfunction causing MIL illumination. computer and has a measurable impact vehicle’s ignition is in the ‘‘key-on’’ The stored diagnostic trouble code must on emissions; monitoring of position before engine starting or identify the malfunctioning system or components required by this paragraph cranking and extinguish after engine component as uniquely as possible. At (b)(6) must be satisfied by employing starting if no malfunction has the manufacturer’s discretion, a electrical circuit continuity checks and previously been detected. If a fuel diagnostic trouble code may be stored rationality checks for computer input system or engine misfire malfunction for conditions not causing MIL components (input values within has previously been detected, the MIL illumination. Regardless, a separate manufacturer specified ranges based on may be extinguished if the malfunction code should be stored indicating the other available operating parameters), does not reoccur during three expected MIL illumination status (i.e., and functionality checks for computer subsequent sequential trips during MIL commanded ‘‘ON,’’ MIL output components (proper functional which similar conditions are commanded ‘‘OFF’’).

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(2) For a single misfiring cylinder, the replaced by the fuel system or misfire as a dump bed, snow plow blade, or diagnostic trouble code(s) must conditions (whichever occurs first). aerial bucket, etc. uniquely identify the cylinder, unless Stored engine conditions must include, (h) Reference materials. The following the manufacturer submits data and/or but are not limited to: engine speed, documents are incorporated by engineering evaluations which open or closed loop operation, fuel reference, see § 86.1. Anyone may adequately demonstrate that the system commands, coolant temperature, inspect copies at the U.S. EPA or at the misfiring cylinder cannot be reliably calculated load value, fuel pressure, National Archives and Records identified under certain operating vehicle speed, air flow rate, and intake Administration (NARA). For conditions. For diesel engines only, the manifold pressure if the information information on the availability of this specific cylinder for which combustion needed to determine these conditions is material at U.S. EPA, NARA, or the cannot be detected need not be available to the computer. For freeze standard making bodies directly, refer to identified if new hardware would be frame storage, the manufacturer must § 86.1. required to do so. The diagnostic trouble include the most appropriate set of (1) SAE material. code must identify multiple misfiring conditions to facilitate effective repairs. (i) SAE J1850, Revised May 2001, cylinder conditions; under multiple If the diagnostic trouble code causing shall be used as the on-board to off- misfire conditions, the misfiring the conditions to be stored is erased in board communications protocol. All cylinders need not be uniquely accordance with paragraph (d) of this emission related messages sent to the identified if a distinct multiple misfire section, the stored engine conditions scan tool over a J1850 data link shall use diagnostic trouble code is stored. may also be erased. the Cyclic Redundancy Check and the (3) The diagnostic system may erase a (2) The following data in addition to three byte header, and shall not use diagnostic trouble code if the same code the required freeze frame information inter-byte separation or check sums. is not re-registered in at least 40 engine must be made available on demand (ii) SAE J1979, Revised April 2002. warm-up cycles, and the malfunction through the serial port on the Basic diagnostic data (as specified in indicator light is not illuminated for that standardized data link connector, if the § 86.007–17(e) and (f)) shall be provided code. information is available to the on-board in the format and units in this industry (4) Separate status codes, or readiness computer or can be determined using standard. codes, must be stored in computer information available to the on-board (iii) SAE J2012, Revised April 2002. memory to identify correctly computer: Diagnostic trouble codes, Diagnostic trouble codes shall be functioning emission control systems engine coolant temperature, fuel control consistent with this industry standard. and those emission control systems system status (closed loop, open loop, (iv) SAE J1962, Revised April 2002. which require further engine operation other), fuel trim, ignition timing The connection interface between the to complete proper diagnostic advance, intake air temperature, OBD system and test equipment and evaluation. A readiness code need not manifold air pressure, air flow rate, diagnostic tools shall meet the be stored for those monitors that can be engine RPM, throttle position sensor functional requirements of this industry considered continuously operating output value, secondary air status standard. monitors (e.g., misfire monitor, fuel (upstream, downstream, or atmosphere), (v) SAE J1930, Revised April 2002; or, system monitor, etc.). Readiness codes calculated load value, vehicle speed, SAE J2403, Revised August 2007. All should never be set to ‘‘not ready’’ and fuel pressure. The signals must be acronyms, definitions and abbreviations status upon key-on or key-off; provided in standard units based on shall be formatted according to one or intentional setting of readiness codes to SAE specifications as referenced in the other of these industry standards. ‘‘not ready’’ status via service paragraph (h) of this section. Actual (vi) SAE J1978, Revised April 2002. procedures must apply to all such signals must be clearly identified All equipment used to interface, extract codes, rather than applying to separately from default value or limp and display OBD-related information individual codes. Subject to home signals. shall meet this industry standard. Administrator approval, if monitoring is (3) For all OBD systems for which (vii) As an alternative to the above disabled for a multiple number of specific on-board evaluation tests are standards, heavy-duty vehicles may driving cycles (i.e., more than one) due conducted (catalyst, oxygen sensor, conform to the specifications of these to the continued presence of extreme etc.), the results of the most recent test SAE standards: SAE J1939–11, Revised operating conditions (e.g., ambient performed by the vehicle, and the limits October 1999; SAE J1939–13, July 1999; temperatures below 40°F, or altitudes to which the system is compared must SAE J1939–21, Revised April 2001; SAE above 8000 feet), readiness for the be available through the standardized J1939–31, Revised December 1997; SAE subject monitoring system may be set to data link connector per the appropriate J1939–71, Revised August 2002; SAE ‘‘ready’’ status without monitoring standardized specifications as J1939–73, Revised June 2001; SAE having been completed. Administrator referenced in paragraph (h) of this J1939–81, July 1997. approval shall be based on the section. (2) ISO materials. conditions for monitoring system (4) Access to the data required to be (i) ISO 9141–2, February 1, 1994. This disablement, and the number of driving made available under this section shall industry standard may be used as an cycles specified without completion of be unrestricted and shall not require any alternative to SAE J1850 (as specified in monitoring before readiness is access codes or devices that are only paragraph (h)(1)(i) of this section) as the indicated. available from the manufacturer. on-board to off-board communications (f) Available diagnostic data. (g) Exceptions. The OBD system is not protocol. (1) Upon determination of the first required to evaluate systems or (ii) ISO 14230–4:2000(E), June 1, malfunction of any component or components during malfunction 2000. This industry standard may be system, ‘‘freeze frame’’ engine conditions if such evaluation would used as an alternative to SAE J1850 (as conditions present at the time must be result in a risk to safety or failure of specified in paragraph (h)(1)(i) of this stored in computer memory. Should a systems or components. Additionally, section) as the on-board to off-board subsequent fuel system or misfire the OBD system is not required to communications protocol. malfunction occur, any previously evaluate systems or components during (iii) ISO 15765–4.3:2001, December stored freeze frame conditions must be operation of a power take-off unit such 14, 2001. This industry standard may be

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used as an alternative to SAE J1850 (as acceptable level of effort toward CCR 1968.2(d)(1.4), pertaining to specified in paragraph (h)(1)(i) of this compliance as determined by the tampering protection, are not required section) as the on-board to off-board Administrator. Furthermore, EPA will to satisfy the requirements of this communications protocol. not accept any deficiency requests that section. Also, the deficiency provisions (iv) ISO 15765–4:2005(E), January 15, include the complete lack of a major of 13 CCR 1968.2(k) do not apply. The 2005. Beginning with the 2008 model diagnostic monitor (‘‘major’’ diagnostic deficiency provisions of paragraph (i) of year and beyond, this industry standard monitors being those for exhaust this section and the evaporative leak shall be the only acceptable protocol aftertreatment devices, oxygen sensor, detection requirement of paragraph used for standardized on-board to off- air-fuel ratio sensor, NOX sensor, engine (b)(4) of this section apply to board communications for vehicles misfire, evaporative leaks, and diesel manufacturers selecting this paragraph below 8500 pounds. For vehicles 8500 EGR, if equipped), with the possible (j) for demonstrating compliance. In to 14000 pounds, either this ISO exception of the special provisions for addition, demonstration of compliance industry standard or the SAE standards alternative fueled engines. For with 13 CCR 1968.2(e)(15.2.1)(C), to the listed in paragraph (h)(1)(vii) of this alternative fueled heavy-duty engines extent it applies to the verification of section shall be the only acceptable (e.g., natural gas, liquefied petroleum proper alignment between the camshaft protocols used for standardized on- gas, methanol, ethanol), manufacturers and crankshaft, applies only to vehicles board to off-board communications. may request the Administrator to waive equipped with variable valve timing. (i) Deficiencies and alternative fueled specific monitoring requirements of this engines. Upon application by the section for which monitoring may not (k) Phase-in for heavy-duty engines. manufacturer, the Administrator may be reliable with respect to the use of the Manufacturers of heavy-duty engines accept an OBD system as compliant alternative fuel. At a minimum, intended for use in a heavy-duty vehicle even though specific requirements are alternative fuel engines must be weighing 14,000 pounds GVWR must not fully met. Such compliances equipped with an OBD system meeting comply with the OBD requirements in without meeting specific requirements, OBD requirements to the extent feasible this section according to the following or deficiencies, will be granted only if as approved by the Administrator. phase-in schedule, based on the compliance would be infeasible or (j) California OBDII compliance percentage of projected engine sales unreasonable considering such factors option. For heavy-duty engines used in within each category. The 2007 as, but not limited to: technical applications weighing 14,000 pounds requirements in the following phase-in feasibility of the given monitor and lead GVWR or less, demonstration of schedule apply to all heavy-duty time and production cycles including compliance with California OBD II engines intended for use in a heavy- phase-in or phase-out of engines or requirements (Title 13 California Code duty vehicle weighing 14,000 pounds vehicle designs and programmed of Regulations § 1968.2 (13 CCR GVWR or less. For the purposes of upgrades of computers. Unmet 1968.2)), as modified and approved on calculating compliance with the phase- requirements should not be carried over November 9, 2007 (incorporated by in provisions of this paragraph (k), from the previous model year except reference, see § 86.1), shall satisfy the heavy-duty engines may be combined where unreasonable hardware or requirements of this section, except that with heavy-duty vehicles subject to the software modifications would be compliance with 13 CCR phase-in requirements of paragraph necessary to correct the deficiency, and 1968.2(e)(4.2.2)(C), pertaining to 0.02 § 86.1806–05(l). The OBD Compliance the manufacturer has demonstrated an inch evaporative leak detection, and 13 phase-in table follows:

OBD COMPLIANCE PHASE-IN FOR HEAVY-DUTY ENGINES INTENDED FOR USE IN A HEAVY-DUTY VEHICLE WEIGHING 14,000 POUNDS GVWR OR LESS

Diesel phase-in based Model year Otto-cycle phase-in based on projected sales on projected sales

2007 MY ...... 80% compliance; alternative fuel waivers available ...... 100% compliance. 2008+ MY 100% compliance ...... 100% compliance ...... 100% compliance.

■ 4. Section 86.007–30 is added to review of the statement(s) of compliance the certificate will meet the Subpart A to read as follows: submitted by the manufacturer under requirements of the Act and of this part. § 86.094–23(b)(4) and any other (3)(i) One such certificate will be § 86.007–30 Certification. pertinent data or information, the issued for each engine family. For (a)(1)(i) If, after a review of the test Administrator determines that the gasoline-fueled and methanol-fueled reports and data submitted by the requirements of the Act and this subpart light-duty vehicles and light-duty manufacturer, data derived from any have been met, he will issue one trucks, and petroleum-fueled diesel inspection carried out under § 86.091– certificate of conformity per cycle light-duty vehicles and light-duty 7(c) and any other pertinent data or manufacturer with respect to the trucks not certified under § 86.098– information, the Administrator evaporative emission family(ies) 28(g), one such certificate will be issued determines that a test vehicle(s) (or test covered by paragraph (c) of this section. for each engine family-evaporative/ engine(s)) meets the requirements of the refueling emission family combination. Act and of this subpart, he will issue a (2) Such certificate will be issued for Each certificate will certify compliance certificate of conformity with respect to such period not to exceed one model with no more than one set of in-use and such vehicle(s) (or engine(s)) except in year as the Administrator may certification standards (or family cases covered by paragraphs (a)(1)(ii) determine and upon such terms as he emission limits, as appropriate). and (c) of this section. may deem necessary or appropriate to (ii) For gasoline-fueled and methanol (ii) Gasoline-fueled and methanol- assure that any new motor vehicle (or fueled heavy-duty vehicles, one such fueled heavy-duty vehicles. If, after a new motor vehicle engine) covered by certificate will be issued for each

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manufacturer and will certify (B) When a light-duty vehicle or light- (but not more frequently than quarterly, compliance for those vehicles duty truck is exempted from meeting unless EPA has demonstrated that it has previously identified in that low-altitude requirements as provided substantial reason to believe that an manufacturer’s statement(s) of in § 86.094–8(i) or § 86.094–9(i): improperly configured vehicle has been compliance as required in § 86.098– (1) At a designated low-altitude sold), sales, warranty, or other 23(b)(4)(i) and (ii). location, unless such manufacturer has information pertaining to sales of (iii) For diesel light-duty vehicles and reason to believe that such vehicle will vehicles by the dealers described above light-duty trucks, or diesel HDEs, not be sold to an ultimate purchaser for maintained by the manufacturer in the included in the applicable particulate principal use at a designated low- normal course of business relating to the averaging program, the manufacturer altitude location; or altitude configuration of vehicles and may at any time during production elect (2) At a location other than a the locations of ultimate purchasers; or to change the level of any family designated low-altitude location, when (B) Implementing a system which particulate emission limit by such manufacturer has reason to believe monitors factory orders of low-altitude demonstrating compliance with the new that such motor vehicle will be sold to vehicles by high-altitude dealers, or limit as described in § 86.094–28(a)(6), an ultimate purchaser for principal use through other means, identifies dealers § 86.094–28(b)(5)(i), or § 86.004– at a designated low-altitude location. that may have sold or delivered a 28(c)(5)(i). New certificates issued under (iii) A manufacturer shall be deemed vehicle not configured to meet the high- this paragraph will be applicable only to have reason to believe that a light- altitude requirements to an ultimate for vehicles (or engines) produced duty vehicle that has been exempted purchaser for principal use at a subsequent to the date of issuance. from compliance with emission designated high-altitude location; and standards at high-altitude, or a light- (iv) For light-duty trucks or HDEs making such information available to duty truck which is not configured to included in the applicable NO EPA upon reasonable written request X meet high-altitude requirements, will averaging program, the manufacturer (but not more frequently than quarterly, not be sold to an ultimate purchaser for may at any time during production elect unless EPA has demonstrated that it has principal use at a designated high- to change the level of any family NO substantial reason to believe that an X altitude location if the manufacturer has emission limit by demonstrating improperly configured vehicle has been informed its dealers and field compliance with the new limit as sold); and representatives about the terms of these (C) Within a reasonable time after described in § 86.094–28(b)(5)(ii) or high-altitude regulations, has not caused receiving written notice from EPA or a § 86.004–28(c)(5)(ii). New certificates the improper sale itself, and has taken State or local government agency that a issued under this paragraph will be reasonable action which shall include, dealer may have improperly sold or applicable only for vehicles (or engines) but not be limited to, either paragraph delivered a vehicle not configured to produced subsequent to the day of (a)(4)(iii) (A) or (B), and paragraph meet the high-altitude requirements to issue. (a)(4)(iii)(C) of this section: an ultimate purchaser residing in a (4)(i) For exempt light-duty vehicles (A) Requiring dealers in designated designated high-altitude location, or and light-duty trucks under the high-altitude locations to submit written based on information obtained pursuant provisions of § 86.094–8(j) or § 86.094– statements to the manufacturer signed to paragraph (a)(4)(iii) of this section 9(j), an adjustment or modification by the ultimate purchaser that a vehicle that a dealer may have improperly sold performed in accordance with which is not configured to meet high- or delivered a significant number of instructions provided by the altitude requirements will not be used such vehicles to ultimate purchasers so manufacturer for the altitude where the principally at a designated high-altitude residing, reminding the dealer in vehicle is principally used will not be location; requiring dealers in counties writing of the requirements of these considered a violation of section contiguous to designated high-altitude regulations, and, where appropriate, 203(a)(3) of the Clean Air Act (42 U.S.C. locations to submit written statements warning the dealer that sale by the 7522(a)(3)). to the manufacturer, signed by the dealer of vehicles not configured to (ii) A violation of section 203(a)(1) of ultimate purchaser who represents to meet high-altitude requirements may be the Clean Air Act (42 U.S.C. 7522(a)(1)) the dealer in the normal course of contrary to the terms of its franchise occurs when a manufacturer sells or business that he or she resides in a agreement with the manufacturer and delivers to an ultimate purchaser any designated high-altitude location, that a the dealer certification requirements of light-duty vehicle or light-duty truck, vehicle which is not configured to meet § 85.2108 of this chapter. subject to the regulations under the Act, high-altitude requirements will not be (iv) A manufacturer shall be deemed under any of the conditions specified in used principally at a designated high- to have reason to believe that a light- paragraph (a)(4)(ii) of this section. altitude location; and for each sale or duty vehicle or light-duty truck which (A) When a light-duty vehicle or light- delivery of fleets of ten or more such has been exempted from compliance duty truck is exempted from meeting vehicles in a high-altitude location or in with emission standards at low altitude, high-altitude requirements as provided counties contiguous to high-altitude as provided in § 86.094–8(i) or § 86.094– in § 86.090–8(h) or § 86.094–9(h): locations, requiring either the selling 9(i), will not be sold to an ultimate (1) At a designated high-altitude dealer or the delivering dealer to submit purchaser for principal use at a location, unless such manufacturer has written statements to the manufacturer, designated low-altitude location if the reason to believe that such vehicle will signed by the ultimate purchaser who manufacturer has informed its dealers not be sold to an ultimate purchaser for represents to the dealer in the normal and field representatives about the principal use at a designated high- course of business that he or she resides terms of the high-altitude regulations, altitude location; or in a designated high-altitude location, has not caused the improper sale itself, (2) At a location other than a that a vehicle which is not configured and has taken reasonable action which designated high-altitude location, when to meet high-altitude requirements will shall include, but not be limited to such manufacturer has reason to believe not be used principally at a designated either § 86.094–30(a)(4)(iv)(A) or (B) and that such motor vehicle will be sold to high-altitude location. In addition, the § 86.094–30(a)(4)(iv)(C): an ultimate purchaser for principal use manufacturer will make available to (A) Requiring dealers in designated at a designated high-altitude location. EPA, upon reasonable written request low-altitude locations to submit written

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statements to the manufacturer signed to paragraph (a)(4)(iv) of this section Mesa by the ultimate purchaser that a vehicle that a dealer may have improperly sold Mineral which is not configured to meet low- or delivered a significant number of Moffat altitude requirements will not be used such vehicles to ultimate purchasers so Montezuma principally at a designated low-altitude residing, reminding the dealer in Montrose location; requiring dealers in counties writing of the requirements of these Morgan contiguous to designated low-altitude regulations, and, where appropriate, Otero locations to submit written statements warning the dealer that sale by the Ouray to the manufacturer, signed by the dealer of vehicles not configured to Park ultimate purchaser who represents to meet low-altitude requirements may be Pitkin the dealer in the normal course of contrary to the terms of its franchise Pueblo business that he or she resides in a agreement with the manufacturer and Rio Blanco designated low-altitude location, that a the dealer certification requirements of Rio Grande vehicle which is not configured to meet § 85.2108 of this chapter. Routt low-altitude requirements will not be (5)(i) For the purpose of paragraph (a) Saguache used principally at a designated low- of this section, a ‘‘designated high- San Juan altitude location; and for each sale or altitude location’’ is any county which San Miguel delivery of fleets of ten or more such has substantially all of its area located Summit vehicles in a low-altitude location or in above 1,219 meters (4,000 feet) and: Teller counties contiguous to low-altitude (A) Requested and extension past the Washington locations, requiring either the selling attainment date of December 31, 1982, Weld dealer or the delivering dealer to submit for compliance with either the National State of Nevada written statements to the manufacturer, Ambient Air Quality Standards for signed by the ultimate purchaser who carbon monoxide or ozone, as indicated Carson City represents to the dealer in the normal in part 52 (Approval and Promulgation Douglas course of business that he or she resides of Implementation Plans) of this title; or Elko in a designated low-altitude location, (B) Is in the same state as a county Esmeralda that a vehicle which is not configured designated as a high-altitude location Eureka to meet low-altitude requirements will according to paragraph (a)(5)(i)(A) of Humboldt not be used principally at a designated this section. Lander high-altitude location. In addition, the (ii) The designated high-altitude Lincoln manufacturer will make available to locations defined in paragraph (a)(5)(i) Lyon EPA, upon reasonable written request of this section are listed below: Mineral (but not more frequently than quarterly, Nye unless EPA has demonstrated that it has State of Colorado Pershing substantial reason to believe that an Adams Storey improperly configured vehicle has been Alamosa Washoe sold), sales, warranty, or other Arapahoe White Pine information pertaining to sales of Archuleta State of New Mexico vehicles by the dealers described above Boulder maintained by the manufacturer in the Chaffee Bernalillo normal course of business relating to the Cheyenne Catron altitude configuration of vehicles and Clear Creek Colfax the locations of ultimate purchasers; or Conejos Curry (B) Implementing a system which Costilla De Baca monitors factory orders of high-altitude Crowley Grant vehicles by low-altitude dealers, or Custer Guadalupe through other means, identifies dealers Delta Harding that may have sold or delivered a Denver Hidalgo vehicle not configured to meet the low- Dolores Lincoln altitude requirements to an ultimate Douglas Los Alamos purchaser for principal use at a Eagle Luna designated low-altitude location; and Elbert McKinley making such information available to El Paso Mora EPA upon reasonable written request Fremont Otero (but not more frequently than quarterly, Garfield Rio Arriba unless EPA has demonstrated that it has Gilpin Roosevelt substantial reason to believe that an Grand Sandoval improperly configured vehicle has been Gunnison San Juan sold); and Hinsdale San Miguel Santa Fe (C) Within a reasonable time after Huerfano Sierra receiving written notice from EPA or a Jackson Socorro state or local government agency that a Jefferson Taos dealer may have improperly sold or Kit Carson Torrance delivered a vehicle not configured to Lake Union meet the low-altitude requirements to La Plata Valencia an ultimate purchaser residing in a Larimer designated low-altitude location, or Las Animas State of Utah based on information obtained pursuant Lincoln Beaver

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Box Elder Deer Lodge limitations described in the application Cache Gallatin for certification as required in § 86.094– Carbon Jefferson 21(d). Daggett Judith Basin (8) For heavy-duty engines, a Davis Madison certificate covers only those new motor Duchesne Meagher vehicle engines installed in heavy-duty Emery Park vehicles which conform to the Garfield Powell minimum gross vehicle weight rating, Grand Silver Bow curb weight, or frontal area limitations Iron Wheatland for heavyduty vehicles described in Juab § 86.082–2. Kane State of Nebraska (9) For incomplete gasoline-fueled Millard Banner and methanol-fueled heavy-duty Morgan Cheyenne vehicles a certificate covers only those Piute Kimball new motor vehicles which, when Rich Sioux completed, conform to the nominal Salt Lake State of Oregon maximum fuel tank capacity limitations San Juan as described in the application for Sanpete Harney certification as required in § 86.094– Sevier Klamath 21(e). Summit Lake (10)(i) For diesel-cycle light-duty Tooele State of Texas vehicle and diesel-cycle light-duty truck Uintah families which are included in a Utah Jeff Davis particulate averaging program, the Wasatch Hudspeth manufacturer’s production-weighted Wayne Parmer average of the particulate emission Weber State of Wyoming limits of all engine families in a (iii) For the purpose of paragraph (a) participating class or classes shall not of this section, a ‘‘designated low- Albany exceed the applicable diesel-cycle altitude location’’ is any county which Campbell particulate standard, or the composite has substantially all of its area located Carbon particulate standard defined in below 1,219 meters (4,000 feet). Converse § 86.090–2 as appropriate, at the end of (iv) The designated low-altitude Fremont the model year, as determined in locations so defined include all counties Goshen accordance with this part. The in the United States which are not listed Hot Springs certificate shall be void ab initio for Johnson in either paragraph (a)(5)(ii) of this those vehicles causing the production- Laramie section or in the list below: weighted family emission limit (FEL) to Lincoln State of Arizona exceed the particulate standard. Natrona (ii) For all heavy-duty diesel-cycle Apache Niobrara engines which are included in the Cochise Park particulate ABT programs under Coconino Platte § 86.098–15 or superseding ABT Navajo Sublette sections as applicable, the provisions of Yavapai Sweetwater paragraphs (a)(10)(ii)(A)–(C) of this Teton State of Idaho section apply. Uinta (A) All certificates issued are Bannock Washakie conditional upon the manufacturer Bear Lake Weston Bingham complying with the provisions of (6) Catalyst-equipped vehicles, § 86.098–15 or superseding ABT Blaine otherwise covered by a certificate, Bonneville sections as applicable and the ABT which are driven outside the United related provisions of other applicable Butte States, Canada, and Mexico will be Camas sections, both during and after the presumed to have been operated on Caribou model year production. leaded gasoline resulting in deactivation Cassia (B) Failure to comply with all Clark of the catalysts. If these vehicles are provisions of § 86.098–15 or Custer imported or offered for importation superseding ABT sections as applicable Franklin without retrofit of the catalyst, they will will be considered to be a failure to Fremont be considered not to be within the satisfy the conditions upon which the Jefferson coverage of the certificate unless certificate was issued, and the certificate Lemhi included in a catalyst control program may be deemed void ab initio. Madison operated by a manufacturer or a United (C) The manufacturer shall bear the Minidoka States Government agency and burden of establishing to the satisfaction Oneida approved by the Administrator. of the Administrator that the conditions Power (7) For incomplete light-duty trucks, a upon which the certificate was issued Treton certificate covers only those new motor were satisfied or excused. Valley vehicles which, when completed by (11)(i) For light-duty truck families having the primary load-carrying device which are included in a NOX averaging State of Montana or container attached, conform to the program, the manufacturer’s Beaverhead maximum curb weight and frontal area production-weighted average of the NOX

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emission limits of all such engine Durability Program under § 86.094– upon which the certificate was issued families shall not exceed the applicable 13(e), paragraphs (a)(14)(i) through (iii) were satisfied. NOX emission standard, or the of this section apply. (17) For all heavy-duty vehicles composite NOX emission standard (i) All certificates issued are certified to evaporative test procedures defined in § 86.088–2, as appropriate, at conditional upon the manufacturer and accompanying standards specified the end of the model year, as performing the in-use verification under § 86.096–10: determined in accordance with this program pursuant to the agreement (i) All certificates issued are part. The certificate shall be void ab described in § 86.094–13(e)(8). conditional upon the manufacturer initio for those vehicles causing the (ii) Failure to fully comply with all complying with all provisions of production-weighted FEL to exceed the the terms of the in-use verification § 86.096–10 both during and after model NOX standard. program pursuant to the agreement year production. (ii) For all HDEs which are included described in § 86.094–13(e)(8) will be (ii) Failure to meet the required in the NOX plus NMHC ABT programs considered a failure to satisfy the implementation schedule sales contained in § 86.098–15, or conditions upon which the certificate percentages as specified in § 86.096–10 superseding ABT sections as applicable, was issued. A vehicle or truck will be will be considered to be a failure to the provisions of paragraphs (a)(11)(ii) considered to be covered by the satisfy the conditions upon which the (A)–(C) of this section apply. certificate only if the manufacturer certificate was issued and the vehicles (A) All certificates issued are fulfills the conditions upon which the sold in violation of the implementation conditional upon the manufacturer certificate is issued. schedule shall not be covered by the complying with the provisions of (iii) The manufacturer shall bear the certificate. § 86.098–15 or superseding ABT burden of establishing to the satisfaction (iii) The manufacturer shall bear the sections as applicable and the ABT of the Administrator that the conditions burden of establishing to the satisfaction related provisions of other applicable upon which the certificate was issued of the Administrator that the conditions sections, both during and after the were satisfied. upon which the certificate was issued model year production. (15) For all light-duty vehicles were satisfied. (B) Failure to comply with all certified to evaporative test procedures (18) For all heavy-duty vehicles provisions of § 86.098–15 or and accompanying standards specified certified to evaporative test procedures superseding ABT sections as applicable under § 86.096–8: and accompanying standards specified under § 86.098–11: will be considered to be a failure to (i) All certificates issued are (i) All certificates issued are satisfy the conditions upon which the conditional upon the manufacturer conditional upon the manufacturer certificate was issued, and the certificate complying with all provisions of complying with all provisions of may be deemed void ab initio. § 86.096–8 both during and after model § 86.098–11 both during and after model (C) The manufacturer shall bear the year production. burden of establishing to the satisfaction year production. (ii) Failure to meet the required (ii) Failure to meet the required of the Administrator that the conditions implementation schedule sales upon which the certificate was issued implementation schedule sales percentages as specified in § 86.096–8 percentages as specified in § 86.098–11 were satisfied or excused. will be considered to be a failure to (12) For all light-duty vehicles will be considered to be a failure to satisfy the conditions upon which the certified to standards under § 86.094–8 satisfy the conditions upon which the certificate was issued and the vehicles or to which standards under § 86.708– certificate was issued and the vehicles sold in violation of the implementation 94 are applicable, the provisions of sold in violation of the implementation schedule shall not be covered by the paragraphs (a)(12)(i) through (iii) of this schedule shall not be covered by the certificate. section apply. certificate. (13) For all light-duty trucks certified (iii) The manufacturer shall bear the (iii) The manufacturer shall bear the to Tier 0 standards under § 86.094–9 burden of establishing to the satisfaction burden of establishing to the satisfaction and to which standards under § 86.709– of the Administrator that the conditions of the Administrator that the conditions 94 are applicable: upon which the certificate was issued upon which the certificate was issued (i) All certificates issued are were satisfied. were satisfied. conditional upon the manufacturer (16) For all light-duty trucks certified (19) For all light-duty vehicles complying with all provisions of to evaporative test procedures and certified to refueling emission standards §§ 86.094–9 and 86.709–94 both during accompanying standards specified under § 86.098–8, the provisions of and after model year production. under § 86.096–9: paragraphs (a)(19) (i) through (iii) of this (ii) Failure to meet the required (i) All certificates issued are section apply. implementation schedule sales conditional upon the manufacturer (i) All certificates issued are percentages as specified in §§ 86.094–9 complying with all provisions of conditional upon the manufacturer and 86.709–94 will be considered to be § 86.096–9 both during and after model complying with all provisions of a failure to satisfy the conditions upon year production. § 86.098–8, both during and after model which the certificate(s) was issued and (ii) Failure to meet the required year production. the individual vehicles sold in violation implementation schedule sales (ii) Failure to meet the required of the implementation schedule shall percentages as specified in § 86.096–9 implementation schedule sales not be covered by the certificate. will be considered to be a failure to percentages as specified in § 86.094–8 (iii) The manufacturer shall bear the satisfy the conditions upon which the be considered to be a failure to satisfy burden of establishing to the satisfaction certificate was issued and the vehicles the conditions upon which the of the Administrator that the conditions sold in violation of the implementation certificate(s) was issued and the upon which the certificate was issued schedule shall not be covered by the vehicles sold in violation of the were satisfied. certificate. implementation schedule shall not be (14) For all light-duty vehicles and (iii) The manufacturer shall bear the covered by the certificate. light-duty trucks certified with an burden of establishing to the satisfaction (iii) The manufacturer shall bear the Alternative Service Accumulation of the Administrator that the conditions burden of establishing to the satisfaction

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of the Administrator that the conditions and (B) shall represent all vehicles of 7(d) or any other pertinent data or upon which the certificate was issued the same evaporative control system information, the Administrator were satisfied. within the evaporative family. determines that one or more test (20) For all light-duty trucks certified (ii) Light-duty trucks. vehicles (or test engines) of the to refueling emission standards under (A) The emission data vehicle(s) certification test fleet do not meet § 86.001–9, the provisions of paragraphs selected under § 86.094–24(b)(1)(ii), applicable standards (or family emission (a)(20)(i)–(iii) this section apply. shall represent all vehicles of the same limits, as appropriate), he will notify the (i) All certificates issued are engine-system combination as manufacturer in writing, setting forth conditional upon the manufacturer applicable. the basis for his determination. Within complying with all provisions of (B) The emission data vehicle(s) 30 days following receipt of the § 86.001–9 both during and after model selected under § 86.001–24(b)(vii)(A) notification, the manufacturer may year production. and (B) shall represent all vehicles of request a hearing on the Administrator’s (ii) Failure to meet the required the same evaporative/refueling control determination. The request shall be in implementation schedule sales system within the evaporative/refueling writing, signed by an authorized percentages as specified in § 86.001–9 family. representative of the manufacturer and will be considered to be a failure to (C) The emission data vehicle(s) shall include a statement specifying the satisfy the conditions upon which the selected under § 86.09424(b)(1)(v) shall manufacturer’s objections to the certificate(s) was issued and the represent all vehicles of the same engine Administrator’s determination and data individual vehicles sold in violation of system combination as applicable. in support of such objections. If, after a the implementation schedule shall not (D) The emission-data vehicle(s) review of the request and supporting be covered by the certificate. selected under § 86.098–24(b)(1)(viii) data, the Administrator finds that the (iii) The manufacturer shall bear the shall represent all vehicles of the same request raises a substantial factual issue, burden of establishing to the satisfaction evaporative/refueling control system he shall provide the manufacturer a of the Administrator that the conditions within the evaporative/refueling hearing in accordance with § 86.078–6 upon which the certificate was issued emission family, as applicable. with respect to such issue. were satisfied. (iii) Heavy-duty engines. (4) For light-duty vehicles and light- (21) For all light-duty trucks certified (A) An Otto-cycle emission data test duty trucks the manufacturer may, at its to refueling emission standards under engine selected under § 86.094– option, proceed with any of the § 86.004–9, the provisions of paragraphs 24(b)(2)(iv) shall represent all engines in following alternatives with respect to an (a)(21)(i)–(iii) of this section apply. the same family of the same engine emission data vehicle determined not in (i) All certificates issued are displacement-exhaust emission control compliance with all applicable conditional upon the manufacturer system combination. standards (or family emission limits, as complying with all provisions of (B) An Otto-cycle emission data test appropriate) for which it was tested: § 86.004–9 both during and after model engine selected under § 86.094– (i) Request a hearing under § 86.078– year production. 24(b)(2)(iii) shall represent all engines 6; or (ii) Failure to meet the required in the same engine family of the same (ii) Remove the vehicle configuration implementation schedule sales engine displacement-exhaust emission (or evaporative/refueling vehicle percentages as specified in § 86.004–9 control system combination. configuration, as applicable) which will be considered to be a failure to (C) A diesel emission data test engine failed, from his application: satisfy the conditions upon which the selected under § 86.094–24(b)(3)(ii) (A) If the failed vehicle was tested for certificate(s) was issued and the shall represent all engines in the same compliance with exhaust emission individual vehicles sold in violation of engine-system combination. standards (or family emission limits, as the implementation schedule shall not (D) A diesel emission data test engine appropriate) only: The Administrator be covered by the certificate. selected under § 86.094–24(b)(3)(iii) may select, in place of the failed (iii) The manufacturer shall bear the shall represent all engines of that vehicle, in accordance with the burden of establishing to the satisfaction emission control system at the rated fuel selection criteria employed in selecting of the Administrator that the conditions delivery of the test engine. the failed vehicle, a new emission data upon which the certificate was issued (iv) Gasoline-fueled and methanol- vehicle to be tested for exhaust emission were satisfied. fueled heavy-duty vehicles. A statement compliance only; or (b)(1) The Administrator will of compliance submitted under (B) If the failed vehicle was tested for determine whether a vehicle (or engine) § 86.094–23(b)(4)(i) or (ii) shall compliance with one or more of the covered by the application complies represent all vehicles in the same exhaust, evaporative and refueling with applicable standards (or family evaporative emission family-evaporative emission standards: The Administrator emission limits, as appropriate) by emission control system combination. may select, in place of the failed observing the following relationships: in (2) The Administrator will proceed as vehicle, in accordance with the paragraphs (b)(1)(i) through (iv) of this in paragraph (a) of this section with selection criteria employed in selecting section: respect to the vehicles (or engines) the failed vehicle, a new emission data (i) Light-duty vehicles. belonging to an engine family or engine vehicle which will be tested for (A) The durability data vehicle(s) family-evaporative/refueling emission compliance with all of the applicable selected under § 86.094–24(c)(1)(i) shall family combination (as applicable), all emission standards. If one vehicle represent all vehicles of the same engine of which comply with all applicable cannot be selected in accordance with system combination. standards (or family emission limits, as the selection criteria employed in (B) The emission data vehicle(s) appropriate). selecting the failed vehicle, then two or selected under § 86.094–24(b)(1) (ii) (3) If after a review of the test reports more vehicles may be selected (e.g., one through (iv) shall represent all vehicles and data submitted by the manufacturer, vehicle to satisfy the exhaust emission of the same engine-system combination data derived from any additional testing vehicle selection criteria and one as applicable. conducted pursuant to § 86.091–29, data vehicle to satisfy the evaporative and (C) The emission data vehicle(s) or information derived from any refueling emission vehicle selection selected under § 86.094–24(b)(1)(vii)(A) inspection carried out under § 86.094– criteria). The vehicle selected to satisfy

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the exhaust emission vehicle selection deleted may be included in a later or (iv) of this section only when the criteria will be tested for compliance request for certification under § 86.079– infraction is substantial. with exhaust emission standards (or 32.) The Administrator may then select (3) In any case in which a family emission limits, as appropriate) in place of each failing engine an manufacturer knowingly submits false only. The vehicle selected to satisfy the alternate engine chosen in accordance or inaccurate information or knowingly evaporative and/or refueling emission with selection criteria employed in renders inaccurate or invalid any test vehicle selection criteria will be tested selecting the engine that failed; or data or commits any other fraudulent for compliance with exhaust, (iii) Modify the test engine and acts and such acts contribute evaporative and/or refueling emission demonstrate by testing that it meets substantially to the Administrator’s standards; or applicable standards. Another engine decision to issue a certificate of (iii) Remove the vehicle configuration which is in all material respect the same conformity, the Administrator may (or evaporative/refueling vehicle as the first engine, as modified, may deem such certificate void ab initio. configuration, as applicable) which then be operated and tested in (4) In any case in which certification failed from the application and add a accordance with applicable test of a vehicle (or engine) is proposed to vehicle configuration(s) (or evaporative/ procedures. be withheld, denied, revoked, or refueling vehicle configuration(s), as (6) If the manufacturer does not suspended under paragraph (c)(1)(iii) or applicable) not previously listed. The request a hearing or present the required (iv) of this section, and in which the Administrator may require, if data under paragraphs (b)(4) or (5) of Administrator has presented to the applicable, that the failed vehicle be this section (as applicable) of this manufacturer involved reasonable modified to the new engine code (or section, the Administrator will deny evidence that a violation of § 86.091– evaporative/refueling emission code, as certification. 7(d) in fact occurred, the manufacturer, applicable) and demonstrate by testing (c)(1) Notwithstanding the fact that if he wishes to contend that, even that it meets applicable standards (or any certification vehicle(s) (or though the violation occurred, the family emission limits, as appropriate) certification engine(s)) may comply with vehicle (or engine) in question was not for which it was originally tested. In other provisions of this subpart, the involved in the violation to a degree that addition, the Administrator may select, Administrator may withhold or deny would warrant withholding, denial, in accordance with the vehicle selection the issuance of a certificate of revocation, or suspension of criteria given in § 86.001–24(b), a new conformity (or suspend or revoke any certification under either paragraph emission data vehicle or vehicles. The such certificate which has been issued) (c)(1)(iii) or (iv) of this section, shall vehicles selected to satisfy the exhaust with respect to any such vehicle(s) (or have the burden of establishing that emission vehicle selection criteria will engine(s)) if: contention to the satisfaction of the be tested for compliance with exhaust (i) The manufacturer submits false or Administrator. emission standards (or family emission incomplete information in his (5) Any revocation or suspension of limits, as appropriate) only. The application for certification thereof; certification under paragraph (c)(1) of vehicles selected to satisfy the (ii) The manufacturer renders this section shall: evaporative emission vehicle selection inaccurate any test data which he (i) Be made only after the criteria will be tested for compliance submits pertaining thereto or otherwise manufacturer concerned has been with all of the applicable emission circumvents the intent of the Act, or of offered an opportunity for a hearing standards (or family emission limits, as this part with respect to such vehicle (or conducted in accordance with § 86.078– appropriate); or engine); 6 hereof; and (iv) Correct a component or system (iii) Any EPA Enforcement Officer is (ii) Extend no further than to forbid malfunction and show that with a denied access on the terms specified in the introduction into commerce of correctly functioning system or § 86.091–7(d) to any facility or portion vehicles (or engines) previously covered component the failed vehicle meets thereof which contains any of the by the certification which are still in the applicable standards (or family emission following: hands of the manufacturer, except in limits, as appropriate) for which it was (A) The vehicle (or engine); cases of such fraud or other misconduct originally tested. The Administrator (B) Any components used or as makes the certification invalid ab may require a new emission data considered for use in its modification or initio. vehicle, of identical vehicle buildup into a certification vehicle (or (6) The manufacturer may request in configuration (or evaporative/refueling certification engine); the form and manner specified in vehicle configuration, as applicable) to (C) Any production vehicle (or paragraph (b)(3) of this section that any the failed vehicle, to be operated and production engine) which is or will be determination made by the tested for compliance with the claimed by the manufacturer to be Administrator under paragraph (c)(1) of applicable standards (or family emission covered by the certificate; this section to withhold or deny limits, as appropriate) for which the (D) Any step in the construction of a certification be reviewed in a hearing failed vehicle was originally tested. vehicle (or engine) described in conducted in accordance with § 86.078– (5) For heavy-duty engines the paragraph (c)(iii)(C) of this section; 6. If the Administrator finds, after a manufacturer may, at his option, (E) Any records, documents, reports, review of the request and supporting proceed with any of the following or histories required by this part to be data, that the request raises a substantial alternatives with respect to any engine kept concerning any of the above; or factual issue, he will grant the request family represented by a test engine(s) (iv) Any EPA Enforcement Officer is with respect to such issue. determined not in compliance with denied ‘‘reasonable assistance’’ (as (d)(1) For light-duty vehicles. applicable standards (or family emission defined in § 86.091–7(d) in examining Notwithstanding the fact that any limit, as appropriate): any of the items listed in paragraph vehicle configuration or engine family (i) Request a hearing under § 86.078– (c)(1)(iii) of this section. may be covered by a valid outstanding 6; or (2) The sanctions of withholding, certificate of conformity, the (ii) Delete from the application for denying, revoking, or suspending of a Administrator may suspend such certification the engines represented by certificate may be imposed for the outstanding certificate of conformity in the failing test engine. (Engines so reasons in paragraphs (c)(1)(i), (ii), (iii), whole or in part with respect to such

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vehicle configuration or engine family in question was not involved in the (vii) The manufacturer refuses to or in if: violation to a degree that would warrant fact does not comply with the (i) The manufacturer refuses to suspension of certification under requirements of §§ 86.1004(a), 86.1005, comply with the provisions of a test paragraph (d)(1)(v) of this section, the 86.1007, 86.1008, 86.1010, 86.1011, or order issued by the Administrator manufacturer shall have the burden of 86.1013. pursuant to § 86.603; or establishing the contention to the (2) The sanction of suspending a (ii) The manufacturer refuses to satisfaction of the Administrator. certificate may not be imposed for the comply with any of the requirements of (6) Any suspension of certification reasons in paragraph (e)(1) (i), (ii), or § 86.603; or under paragraph (d)(1) of this section (vii) of this section where such refusal (iii) The manufacturer submits false or shall: or denial is caused by conditions and incomplete information in any report or (i) Be made only after the circumstances outside the control of the information provided pursuant to the manufacturer concerned has been manufacturer which renders it requirements of § 86.609; or offered an opportunity for a hearing impossible to comply with those (iv) The manufacturer renders conducted in accordance with § 86.614; requirements. Such conditions and inaccurate any test data which he and circumstances shall include, but are not submits pursuant to § 86.609; or (ii) Not apply to vehicles no longer in limited to, any uncontrollable factors (v) Any EPA Enforcement Officer is the hands of the manufacturer. which result in the temporary denied the opportunity to conduct (7) Any voiding of a certificate of unavailability of equipment and activities related to entry and access as conformity under paragraph (d)(4) of personnel needed to conduct the authorized in § 86.606 of this part and this section will be made only after the required tests, such as equipment in a warrant or court order presented to manufacturer concerned has been breakdown or failure or illness of the manufacturer or the party in charge offered an opportunity for a hearing personnel, but shall not include failure of a facility in question; or conducted in accordance with § 86.614. of the manufacturers to adequately plan (vi) EPA Enforcement Officers are (8) Any voiding of the certificate for and provide the equipment and unable to conduct activities related to under § 86.091–30(a)(10) will be made personnel needed to conduct the tests. entry and access or to obtain only after the manufacturer concerned The manufacturer will bear the burden ‘‘reasonable assistance’’ as authorized in has been offered an opportunity for a of establishing the presence of the § 86.606 of this part because a hearing conducted in accordance with conditions and circumstances required manufacturer has located its facility in by this paragraph. § 86.614. a foreign jurisdiction where local law (3) The sanction of suspending a prohibits those activities; or (e) For light-duty trucks and heavy- certificate may be imposed for the (vii) The manufacturer refuses to or in duty engines. reasons outlined in paragraph (e)(1)(iii), fact does not comply with § 86.604(a), (1) Notwithstanding the fact that any (iv), or (v) of this section only when the § 86.605, § 86.607, § 86.608, or § 86.610. vehicle configuration or engine family infraction is substantial. (2) The sanction of suspending a may be covered by a valid outstanding (4) In any case in which a certificate may not be imposed for the certificate of conformity, the manufacturer knowingly submitted false reasons in paragraph (d)(1)(i), (ii), or Administrator may suspend such or inaccurate information or knowingly (vii) of this section where the refusal is outstanding certificate of conformity in rendered inaccurate any test data or caused by conditions and circumstances whole or in part with respect to such committed any other fraudulent acts, outside the control of the manufacturer vehicle or engine configuration or and such acts contributed substantially which render it impossible to comply engine family if: to the Administrator’s original decision with those requirements. (i) The manufacturer refuses to not to suspend or revoke a certificate of (3) The sanction of suspending a comply with the provisions of a test conformity in whole or in part, the certificate may be imposed for the order issued by the Administrator Administrator may deem such reasons in paragraph (d)(1)(iii), (iv), or pursuant to § 86.1003; or certificate void from the date of such (v) of this section only when the (ii) The manufacturer refuses to fraudulent act. infraction is substantial. comply with any of the requirements of (5) In any case in which certification (4) In any case in which a § 86.1003; or of a light-duty truck or heavy-duty manufacturer knowingly submitted false (iii) The manufacturer submits false or engine is proposed to be suspended or inaccurate information or knowingly incomplete information in any report or under paragraph (e)(1)(v) of this section rendered inaccurate any test data or information provided pursuant to the and in which the Administrator has committed any other fraudulent acts, requirements of § 86.1009; or presented to the manufacturer involved and such acts contributed substantially (iv) The manufacturer renders reasonable evidence that a violation of to the Administrator’s original decision inaccurate any test data submitted § 86.1006 in fact occurred, if the not to suspend or revoke a certificate of pursuant to § 86.1009; or manufacturer wishes to contend that, conformity in whole or in part, the (v) Any EPA Enforcement Officer is although the violation occurred, the Administrator may deem such denied the opportunity to conduct vehicle or engine configuration or certificate void from the date of such activities related to entry and access as engine family in question was not fraudulent act. authorized in § 86.1006 of this part and involved in the violation to a degree that (5) In any case in which certification in a warrant or court order presented to would warrant suspension of of a vehicle is proposed to be suspended the manufacturer or the party in charge certification under paragraph (e)(1)(v) of under paragraph (d)(1)(v) of this section of a facility in question; or this section, he shall have the burden of and in which the Administrator has (vi) EPA Enforcement Officers are establishing that contention to the presented to the manufacturer involved unable to conduct activities related to satisfaction of the Administrator. reasonable evidence that a violation of entry and access as authorized in (6) Any suspension of certification § 86.606 in fact occurred, if the § 86.1006 of this part because a under paragraph (e)(1) of this section manufacturer wishes to contend that, manufacturer has located a facility in a shall: although the violation occurred, the foreign jurisdiction where local law (i) Be made only after the vehicle configuration or engine family prohibits those activities; or manufacturer concerned has been

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offered an opportunity for a hearing electronic simulation of such, resulting (ii) Oxygen sensors and air-fuel ratio conducted in accordance with in an inability to achieve a 100 degree sensors upstream of aftertreatment § 86.1014; and C temperature rise, or the necessary devices. (ii) Not apply to vehicles or engines regeneration temperature, within 60 (A) Otto-cycle. If so equipped, any no longer in the hands of the seconds of initiating a DPF regeneration. oxygen sensor or air-fuel ratio sensor manufacturer. (B) If monitored for performance—a located upstream of aftertreatment (7) Any voiding of a certificate of diesel particulate filter (DPF) is replaced devices is replaced with a deteriorated conformity under paragraph (e)(4) of with a DPF that has catastrophically or defective sensor, or an electronic this section shall be made only after the failed, or an electronic simulation of simulation of such, resulting in exhaust manufacturer concerned has been such; or, for model years 2010 and later, emissions exceeding 1.5 times the offered an opportunity for a hearing a DPF is replaced with a deteriorated or applicable standard or FEL for NMHC, conducted in accordance with defective DPF, or an electronic NOX or CO. § 86.1014. simulation of such, resulting in either (B) Diesel. If so equipped, any oxygen (8) Any voiding of the certificate exhaust PM emissions exceeding the sensor or air-fuel ratio sensor located under paragraph (a) (10) or (11) of this applicable FEL+0.04 g/bhp-hr or 0.05 g/ upstream of aftertreatment devices is section will be made only after the bhp-hr PM, whichever is higher. If replaced with a deteriorated or defective manufacturer concerned has been monitored for a decrease in the expected sensor, or an electronic simulation of offered an opportunity for a hearing pressure drop according to the such, resulting in exhaust emissions conducted in accordance with alternative monitoring provision of exceeding any of the following levels: § 86.1014. § 86.007–17(b)(1)(ii)(B), the OBD system For model years 2007 through 2012, the (f) For engine families required to fails to detect any of the pressure drop applicable PM FEL+0.04 g/bhp-hr or have an OBD system and meant for values across the DPF provided by the 0.05 g/bhp-hr PM, whichever is higher applications less than or equal to 14,000 manufacturer at each of the nine engine and, for model years 2013 and later, the pounds, certification will not be granted speed/load operating points regardless applicable PM FEL+0.02 g/bhp-hr or if, for any test vehicle approved by the of how those pressure drops are 0.03 g/bhp-hr PM, whichever is higher; Administrator in consultation with the generated. or, for model years 2007 through 2012, manufacturer, the malfunction indicator (2)(i) Otto-cycle. An engine misfire 1.75 times the applicable NOX standard light does not illuminate under any of condition is induced resulting in for engines certified to a NOX FEL the following circumstances, unless the exhaust emissions exceeding 1.5 times greater than 0.50 g/bhp-hr, or the manufacturer can demonstrate that any the applicable standards or FEL for applicable NOX FEL+0.6 g/bhp-hr for identified OBD problems discovered NMHC+NOX or CO. engines certified to a NOX FEL less than during the Administrator’s evaluation (ii) Diesel. An engine misfire or equal to 0.50 g/bhp-hr and, for model will be corrected on production condition is induced and is not years 2013 and later, the applicable NOX vehicles. detected. FEL+0.3 g/bhp-hr; or, for model years (1)(i) Otto-cycle. A catalyst is replaced (3) Exhaust gas sensors. 2007 through 2012, 2.5 times the with a deteriorated or defective catalyst, (i) Oxygen sensors and air-fuel ratio applicable NMHC standard and, for or an electronic simulation of such, sensors downstream of aftertreatment model years 2013 and later, 2 times the resulting in an increase of 1.5 times the devices. applicable NMHC standard; or, for NMHC+NOX standard or FEL above the (A) Otto-cycle. If so equipped, any model years 2007 through 2012, 2.5 NMHC+NOX emission level measured oxygen sensor or air-fuel ratio sensor times the applicable CO standard and, using a representative 4000 mile catalyst located downstream of aftertreatment for model years 2013 and later, 2 times system. devices is replaced with a deteriorated the applicable CO standard. (ii) Diesel. or defective sensor, or an electronic (iii) NOX sensors. (A) If monitored for emissions simulation of such, resulting in exhaust (A) Otto-cycle. If so equipped, any performance—a reduction catalyst is emissions exceeding 1.5 times the NOX sensor is replaced with a replaced with a deteriorated or defective applicable standard or FEL for NMHC, deteriorated or defective sensor, or an catalyst, or an electronic simulation of NOX or CO. electronic simulation of such, resulting such, resulting in exhaust emissions (B) Diesel. If so equipped, any oxygen in exhaust emissions exceeding 1.5 exceeding, for model years 2007 through sensor or air-fuel ratio sensor located times the applicable standard or FEL for 2012, 1.75 times the applicable NOX downstream of aftertreatment devices is NMHC, NOX or CO. standard for engines certified to a NOX replaced with a deteriorated or defective (B) Diesel. If so equipped, any NOX FEL greater than 0.50 g/bhp-hr, or the sensor, or an electronic simulation of sensor is replaced with a deteriorated or applicable NOX FEL+0.6 g/bhp-hr for such, resulting in exhaust emissions defective sensor, or an electronic engines certified to a NOX FEL less than exceeding any of the following levels: simulation of such, resulting in exhaust or equal to 0.50 g/bhp-hr and, for model The applicable PM FEL+0.04 g/bhp-hr emissions exceeding any of the years 2013 and later, the applicable NOX or 0.05 g/bhp-hr PM, whichever is following levels: The applicable PM FEL+0.3 g/bhp-hr. Also if monitored for higher; or, for model years 2007 through FEL+0.04 g/bhp-hr or 0.05 g/bhp-hr PM, emissions performance—an oxidation 2012, 1.75 times the applicable NOX whichever is higher; or, for model years catalyst is replaced with a deteriorated standard for engines certified to a NOX 2007 through 2012, 1.75 times the or defective catalyst, or an electronic FEL greater than 0.50 g/bhp-hr, or the applicable NOX standard for engines simulation of such, resulting in exhaust applicable NOX FEL+0.6 g/bhp-hr for certified to a NOX FEL greater than 0.50 NMHC emissions exceeding, for model engines certified to a NOX FEL less than g/bhp-hr, or the applicable NOX years 2007 through 2012, 2.5 times the or equal to 0.50 g/bhp-hr and, for model FEL+0.6 g/bhp-hr for engines certified applicable NMHC standard and, for years 2013 and later, the applicable NOX to a NOX FEL less than or equal to 0.50 model years 2013 and later, 2 times the FEL+0.3 g/bhp-hr; or, for model years g/bhp-hr and, for model years 2013 and applicable NMHC standard. If 2007 through 2012, 2.5 times the later, the applicable NOX FEL+0.3 g/ monitored for exotherm performance, an applicable NMHC standard and, for bhp-hr. oxidation catalsyt is replaced with a model years 2013 and later, 2 times the (4) If so equipped and for Otto-cycle deteriorated or defective catalyst, or an applicable NMHC standard. engines, a vapor leak is introduced in

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the evaporative and/or refueling system the system for which an engine Potential malfunction means that (excluding the tubing and connections manufacturer has received a certificate conditions have been detected that meet between the purge valve and the intake of conformity. the OBD malfunction criteria but for manifold) greater than or equal in Engine start as used in § 86.010–18 which more drive cycles are allowed to magnitude to a leak caused by a 0.040 means the point when the engine provide further evaluation prior to inch diameter orifice, or the evaporative reaches a speed 150 rpm below the confirming that a malfunction exists. purge air flow is blocked or otherwise normal, warmed-up idle speed (as Previous-MIL-on DTC means a DTC eliminated from the complete determined in the drive position for that corresponds to a MIL-on DTC but evaporative emission control system. vehicles equipped with an automatic is distinguished by representing a (5)(i) Otto-cycle. A malfunction transmission). For hybrid vehicles or for malfunction that the OBD system has condition is induced in any emission- engines employing alternative engine determined no longer exists but for related engine system or component, start hardware or strategies (e.g., which insufficient operation has including but not necessarily limited to, integrated starter and generators.), the occurred to satisfy the DTC erasure the exhaust gas recirculation (EGR) manufacturer may use an alternative provisions. system, if equipped, the secondary air definition for engine start (e.g., key-on) Rationality check, in the context of system, if equipped, and the fuel control provided the alternative definition is onboard diagnostics, means verifying system, singularly resulting in exhaust based on equivalence to an engine start that a component that provides input to emissions exceeding 1.5 times the for a conventional vehicle. a control computer provides an accurate applicable emission standard or FEL for Functional check, in the context of input to the control computer while in NMHC, NOX, or CO. onboard diagnostics, means verifying the range of normal operation and when (ii) Diesel. A malfunction condition is that a component and/or system that compared to all other available induced in any emission-related engine receives information from a control information. system or component, including but not computer responds properly to a Similar conditions, in the context of necessarily limited to, the exhaust gas command from the control computer. onboard diagnostics, means engine recirculation (EGR) system, if equipped, Ignition cycle as used in § 86.010–18 conditions having an engine speed and the fuel control system, singularly means a cycle that begins with engine within 375 rpm, load conditions within resulting in exhaust emissions start, meets the engine start definition 20 percent, and the same warm up exceeding any of the following levels: for at least two seconds plus or minus status (i.e., cold or hot). The The applicable PM FEL+0.04 g/bhp-hr one second, and ends with engine manufacturer may use other definitions or 0.05 g/bhp-hr PM, whichever is shutoff. of similar conditions based on higher; or, for model years 2007 through Limp-home operation as used in comparable timeliness and reliability in 2012, 1.75 times the applicable NO X § 86.010–18 means an operating mode detecting similar engine operation. standard for engines certified to a NO X that an engine is designed to enter upon FEL greater than 0.50 g/bhp-hr, or the ■ 6. Section 86.010–18 is added to determining that normal operation applicable NO FEL+0.6 g/bhp-hr for Subpart A to read as follows: X cannot be maintained. In general, limp- engines certified to a NO FEL less than X home operation implies that a § 86.010–18 On-board Diagnostics for or equal to 0.50 g/bhp-hr and, for model component or system is not operating engines used in applications greater than years 2013 and later, the applicable NO X properly or is believed to be not 14,000 pounds GVWR. FEL+0.3 g/bhp-hr; or, for model years operating properly. (a) General. According to the 2007 through 2012, 2.5 times the Malfunction means the conditions implementation schedule shown in applicable NMHC standard and, for have been met that require the paragraph (o) of this section, heavy-duty model years 2013 and later, 2 times the activation of an OBD malfunction engines intended for use in a heavy- applicable NMHC standard; or, for indicator light and storage of a DTC. duty vehicle weighing more than 14,000 model years 2007 through 2012, 2.5 MIL-on DTC means the diagnostic pounds GVWR must be equipped with times the applicable CO standard and, trouble code stored when an OBD an on-board diagnostic (OBD) system for model years 2013 and later, 2 times system has detected and confirmed that capable of monitoring all emission- the applicable CO standard. related engine systems or components (6) A malfunction condition is a malfunction exists (e.g., typically on during the life of the engine. The OBD induced in an electronic emission- the second drive cycle during which a system is required to detect all related engine system or component not given OBD monitor has evaluated a malfunctions specified in paragraphs otherwise described above that either system or component). Industry (g), (h), and (i) of this § 86.010–18 provides input to or receives commands standards may refer to this as a although the OBD system is not required from the on-board computer resulting in confirmed or an active DTC. to use a unique monitor to detect each a measurable impact on emissions. Onboard Diagnostics (OBD) group means a combination of engines, engine of those malfunctions. ■ 5. Section 86.010–2 is added to families, or engine ratings that use the (1) When the OBD system detects a Subpart A to read as follows: same OBD strategies and similar malfunction, it must store a pending, a § 86.010–2 Definitions. calibrations. MIL-on, or a previous-MIL-on diagnostic The definitions of § 86.004–2 Pending DTC means the diagnostic trouble code (DTC) in the onboard continue to apply to 2004 and later trouble code stored upon the detection computer’s memory. A malfunction model year vehicles. The definitions of a potential malfunction. indicator light (MIL) must also be listed in this section apply beginning Permanent DTC means a DTC that activated as specified in paragraph (b) of with the 2010 model year. corresponds to a MIL-on DTC and is this section. DTC means diagnostic trouble code. stored in non-volatile random access (2) Data link connector. Engine or engine system as used in memory (NVRAM). A permanent DTC (i) For model years 2010 through §§ 86.007–17, 86.007–30, 86.010–18, can only be erased by the OBD system 2012, the OBD system must be equipped and 86.010–38 means the engine, fuel itself and cannot be erased through with a data link connector to provide system, induction system, aftertreatment human interaction with the OBD system access to the stored DTCs as specified in system, and everything that makes up or any onboard computer. paragraph (k)(2) of this section.

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(ii) For model years 2013 and later, (5) As an alternative to demonstrating provision must display ‘‘non-OBD’’ in the OBD system must be equipped with compliance with the provisions of the data stream as required under a standardized data link connector to paragraphs (b) through (l) of this paragraph (k)(4)(ii) of this section. Upon provide access to the stored DTCs as § 86.010–18, a manufacturer may correcting the noncompliance, the data specified in paragraph (k)(2) of this demonstrate how the OBD system they stream value must be updated section. have designed to comply with California accordingly. (3) The OBD system cannot be OBD requirements for engines used in (b) Malfunction indicator light (MIL) programmed or otherwise designed to applications greater than 14,000 pounds and Diagnostic Trouble Codes (DTC). deactivate based on age and/or mileage. also complies with the intent of the The OBD system must incorporate a This requirement does not alter existing provisions of paragraphs (b) through (l) malfunction indicator light (MIL) or law and enforcement practice regarding of this section. To make use of this equivalent and must store specific types a manufacturer’s liability for an engine alternative, the manufacturer must of diagnostic trouble codes (DTC). beyond its regulatory useful life, except demonstrate to the Administrator how Unless otherwise specified, all where an engine has been programmed the OBD system they intend to certify provisions of this paragraph (b) apply or otherwise designed so that an OBD meets the intent behind all of the for 2010 and later model years. system deactivates based on age and/or requirements of this section, where (1) MIL specifications. mileage of the engine. applicable (e.g., paragraph (h) of this (i) For model years 2013 and later, the (4) Drive cycle or driving cycle, in the section would not apply for a diesel MIL must be located on the primary context of this § 86.010–18, means fueled/CI engine). Furthermore, if driver’s side instrument panel and be of operation that meets any of the making use of this alternative, the sufficient illumination and location to conditions of paragraphs (a)(4)(i) manufacturer must comply with the be readily visible under all lighting through (a)(4)(iv) of this section. specific certification documentation conditions. The MIL must be amber Further, for OBD monitors that run requirements of paragraph (m)(3) of this (yellow) in color; the use of red for the during engine-off conditions, the period section. OBD-related MIL is prohibited. More of engine-off time following engine (6) Temporary provisions to address than one general purpose malfunction shutoff and up to the next engine start hardship due to unusual circumstances. indicator light for emission-related may be considered part of the drive (i) After considering the unusual problems shall not be used; separate cycle for the conditions of paragraphs circumstances, the Administrator may specific purpose warning lights (e.g., (a)(4)(i) and (a)(4)(iv) of this section. For permit the manufacturer to introduce brake system, fasten seat belt, oil engines/vehicles that employ engine into U.S. commerce engines that do not pressure, etc.) are permitted. When shutoff OBD monitoring strategies that comply with this § 86.010–18 for a activated, the MIL shall display the do not require the vehicle operator to limited time if all the following International Standards Organization restart the engine to continue vehicle conditions apply: (ISO) engine symbol. operation (e.g., a hybrid bus with engine (A) Unusual circumstances that are (ii) The OBD system must activate the shutoff at idle), the manufacturer may clearly outside the manufacturer’s MIL when the ignition is in the key-on/ use an alternative definition for drive control prevent compliance with the engine-off position before engine cycle (e.g., key-on followed by key-off). requirements of this § 86.010–18. cranking to indicate that the MIL is Any alternative definition must be (B) The manufacturer exercised functional. The MIL shall be activated based on equivalence to engine startup prudent planning and was not able to continuously during this functional and engine shutoff signaling the avoid the violation and has taken all check for a minimum of 5 seconds. beginning and ending of a single driving reasonable steps to minimize the extent During this MIL key-on functional event for a conventional vehicle. For of the nonconformity. check, the data stream value (see (C) No other allowances are available engines that are not likely to be paragraph (k)(4)(ii) of this section) for under the regulations in this chapter to routinely operated for long continuous MIL status must indicate ‘‘commanded avoid the impending violation. periods of time, a manufacturer may (ii) To apply for an exemption, the off’’ unless the OBD system has detected also request approval to use an manufacturer must send to the a malfunction and has stored a MIL-on alternative definition for drive cycle Administrator a written request as soon DTC. This MIL key-on functional check (e.g., solely based on engine start and as possible before being in violation. In is not required during vehicle operation engine shutoff without regard to four the request, the manufacturer must in the key-on/engine-off position hours of continuous engine-on time). show that all the conditions and subsequent to the initial engine Administrator approval of the requirements of paragraph (a)(6)(i) of cranking of an ignition cycle (e.g., due alternative definition will be based on this section are met. to an engine stall or other non- manufacturer-submitted data and/or (iii) The request must also include a commanded engine shutoff). information demonstrating the typical plan showing how all the applicable (iii) As an option, the MIL may be usage, operating habits, and/or driving requirements will be met as quickly as used to indicate readiness status (see patterns of these vehicles. possible. paragraph (k)(4)(i) of this section) in a (i) Begins with engine start and ends (iv) The manufacturer shall give the standardized format in the key-on/ with engine shutoff; Administrator other relevant engine-off position. (ii) Begins with engine start and ends information upon request. (iv) A manufacturer may also use the after four hours of continuous engine-on (v) The Administrator may include MIL to indicate which, if any, DTCs are operation; additional conditions on an approval currently stored (e.g., to ‘‘blink’’ the (iii) Begins at the end of the previous granted under the provisions of this stored DTCs). Such use must not four hours of continuous engine-on paragraph (a)(6), including provisions activate unintentionally during routine operation and ends after four hours of that may require field repair at the driver operation. continuous engine-on operation; or manufacturer’s expense to correct the (v) For model years 2013 and later, (iv) Begins at the end of the previous noncompliance. the MIL required by this paragraph (b) four hours of continuous engine-on (vi) Engines sold as non-compliant must not be used in any other way than operation and ends with engine shutoff. under this temporary hardship is specified in this section.

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(2) MIL activation and DTC storage (v) If the engine enters a limp-home (A) The OBD system itself determines protocol. mode of operation that can affect that the malfunction that caused the (i) Within 10 seconds of detecting a emissions or the performance of the corresponding permanent DTC to be potential malfunction, the OBD system OBD system, or in the event of a stored is no longer present and is not must store a pending DTC that identifies malfunction of an onboard computer(s) commanding activation of the MIL, the potential malfunction. itself that can affect the performance of concurrent with the requirements of (ii) If the potential malfunction is the OBD system, the OBD system must paragraph (b)(3)(i) of this section which, again detected before the end of the next activate the MIL and store a MIL-on for purposes of this paragraph (b)(3)(iii), drive cycle during which monitoring DTC within 10 seconds to inform the shall apply to all monitors. occurs (i.e., the potential malfunction vehicle operator. If the limp-home mode (B) All externally erasable DTC has been confirmed as a malfunction), of operation is recoverable (i.e., information stored in the onboard then within 10 seconds of such operation automatically returns to computer has been erased (i.e., through detection the OBD system must activate normal at the beginning of the following the use of a scan tool or battery the MIL continuously and store a MIL- ignition cycle), the OBD system may disconnect) and the monitor of the on DTC (systems using the SAE J1939 wait to activate the MIL and store the malfunction that caused the permanent standard protocol specified in paragraph MIL-on DTC if the limp-home mode of DTC to be stored is subject to the (k)(1) of this section may either erase or operation is again entered before the minimum ratio requirements of retain the pending DTC in conjunction end of the next ignition cycle rather paragraph (d) of this section, the OBD with storing the MIL-on DTC). If the than activating the MIL within 10 system shall erase the permanent DTC at potential malfunction is not detected seconds on the first drive cycle during the end of a drive cycle if the monitor before the end of the next drive cycle which the limp-home mode of operation has run and made one or more during which monitoring occurs (i.e., is entered. determinations during a drive cycle that there is no indication of the malfunction (vi) Before the end of an ignition the malfunction of the component or the at any time during the drive cycle), the cycle, the OBD system must store a system is not present and has not made corresponding pending DTC should be permanent DTC(s) that corresponds to any determinations within the same erased at the end of the drive cycle. any stored MIL-on DTC(s). drive cycle that the malfunction is Similarly, if a malfunction is detected (3) MIL deactivation and DTC erasure present. (C) (1) All externally erasable DTC for the first time and confirmed on a protocol. information stored in the onboard given drive cycle without need for (i) Deactivating the MIL. Except as computer has been erased (i.e., through further evaluation, then within 10 otherwise provided for in paragraphs the use of a scan tool or battery seconds of such detection the OBD (g)(2)(iv)(E) and (g)(6)(iv)(B) of this disconnect) and the monitor of the system must activate the MIL section for diesel misfire malfunctions malfunction that caused the permanent continuously and store a MIL-on DTC and empty reductant tanks, and DTC to be stored is not subject to the (again, systems using the SAE J1939 paragraphs (h)(1)(iv)(F), (h)(2)(viii), and minimum ratio requirements of standard protocol specified in paragraph (h)(7)(iv)(B) of this section for gasoline paragraph (d) of this section, the OBD (k)(1) of this section may optionally fuel system, misfire, and evaporative system shall erase the permanent DTC at store a pending DTC in conjunction system malfunctions, once the MIL has the end of a drive cycle provided the with storing the MIL-on DTC). been activated, it may be deactivated following two criteria have (iii) A manufacturer may request after three subsequent sequential drive independently been satisfied: Administrator approval to employ cycles during which the monitoring (i) The monitor has run and made one alternative statistical MIL activation and system responsible for activating the or more determinations during a drive DTC storage protocols to those specified MIL functions and the previously cycle that the malfunction is no longer in paragraphs (b)(2)(i) and (b)(2)(ii) of detected malfunction is no longer present and has not made any this section. Approval will depend upon present and provided no other determinations within the same drive the manufacturer providing data and/or malfunction has been detected that cycle that the malfunction is present; engineering evaluations that would independently activate the MIL and, demonstrate that the alternative according to the requirements outlined (ii) The monitor does not detect a protocols can evaluate system in paragraph (b)(2) of this section. malfunction on a drive cycle and the performance and detect malfunctions in (ii) Erasing a MIL-on DTC. The OBD criteria of paragraph (d)(4)(ii) of this a manner that is equally effective and system may erase a MIL-on DTC if the section has been met. timely. Strategies requiring on average identified malfunction has not again (2) These two separate criteria may be more than six drive cycles for MIL been detected in at least 40 engine warm met on the same or different drive activation will not be accepted. up cycles and the MIL is presently not cycles provided the monitor never (iv) The OBD system must store a activated for that malfunction. The OBD detects a malfunction during either ‘‘freeze frame’’ of the operating system may also erase a MIL-on DTC drive cycle, and if criteria conditions (as defined in paragraph upon deactivating the MIL according to (b)(3)(iii)(C)(1)(i) happens first then no (k)(4)(iii) of this section) present upon paragraph (b)(3)(i) of this section malfunction may be detected before detecting a malfunction or a potential provided a previous-MIL-on DTC is criteria (b)(3)(iii)(C)(1)(ii) occurs. If a malfunction. In the event that a pending stored upon erasure of the MIL-on DTC. malfunction occurs after criteria DTC has matured to a MIL-on DTC, the The OBD system may erase a previous- (b)(3)(iii)(C)(1)(i) then criteria manufacturer shall either retain the MIL-on DTC if the identified (b)(3)(iii)(C)(1)(i) must be satisfied again. currently stored freeze frame conditions malfunction has not again been detected For the second criterion, the or replace the stored freeze frame with in at least 40 engine warm up cycles and manufacturer must exclude any freeze frame conditions regarding the the MIL is presently not activated for temperature and/or elevation provisions MIL-on DTC. Any freeze frame stored in that malfunction. of paragraph (d)(4)(ii) of this section. conjunction with any pending DTC or (iii) Erasing a permanent DTC. The For this paragraph (b)(3)(iii)(C), MIL-on DTC should be erased upon OBD system can erase a permanent DTC monitors required to use ‘‘similar erasure of the corresponding DTC. only if: conditions’’ as defined in § 86.010–2 to

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store and erase pending and MIL-on (2) Monitoring must occur at least executive priority or modification of DTCs cannot require that the similar once per drive cycle in which the other monitoring conditions, or using a conditions be met prior to erasure of the monitoring conditions are met. high ratio to enable less frequent permanent DTC. (3) Manufacturers may define monitoring). (D) The Administrator shall allow monitoring conditions that are not (ii) For model years 2013 and later, monitors subject to paragraph encountered during the FTP cycle as manufacturers must define monitoring (b)(3)(iii)(B) of this section to use the required in paragraph (c)(1) of this conditions that, in addition to meeting criteria of paragraph (b)(3)(iii)(C) of this section. In doing so, the manufacturer the criteria in paragraphs (c)(1) and section in lieu of paragraph (b)(3)(iii)(B). would be expected to consider the (d)(1) of this section, ensure that the Further, manufacturers may request degree to which the requirement to run monitor yields an in-use performance Administrator approval to use during the FTP transient cycle restricts ratio (as defined in paragraph (d)(2) of alternative criteria to erase the monitoring during in-use operation, the this section) that meets or exceeds the permanent DTC. The Administrator technical necessity for defining minimum acceptable in-use monitor shall approve alternate criteria that will monitoring conditions that are not performance ratio of 0.100 for all not likely require driving conditions encountered during the FTP cycle, monitors specifically required in that are longer and more difficult to whether monitoring is otherwise not paragraphs (g), (h), and (i) of this section meet than those required under feasible during the FTP cycle, and/or to meet the monitoring condition paragraph (b)(3)(iii)(C) of this section the ability to demonstrate that the requirements of this paragraph (d). and do not require access to enhanced monitoring conditions satisfy the (iii) If the most reliable monitoring scan tools to determine conditions minimum acceptable in-use monitor method developed requires a lower ratio necessary to erase the permanent DTC. performance ratio requirement as for a specific monitor than that specified (4) Exceptions to MIL and DTC defined in paragraph (d) of this section. in paragraph (d)(1)(ii) of this section, the requirements. (d) In-use performance tracking. As Administrator may lower the minimum (i) If a limp-home mode of operation specifically required in paragraphs (g), acceptable in-use monitoring causes a overt indication (e.g., activation (h), and (i) of this section, the OBD performance ratio. of a red engine shut-down warning system must monitor and detect the (2) In-use performance ratio light) such that the driver is certain to malfunctions specified in paragraphs definition. For monitors required to respond and have the problem (g), (h), and (i) of this section according meet the requirements of paragraph (d) corrected, a manufacturer may choose to the criteria of this paragraph (d). The of this section, the performance ratio not to activate the MIL as required by OBD system is not required to track and must be calculated in accordance with paragraph (b)(2)(v) of this section. report in-use performance for monitors the specifications of this paragraph Additionally, if an auxiliary emission other than those specifically identified (d)(2). control device has been properly in paragraph (d)(1) of this section, but (i) The numerator of the performance activated as approved by the all monitors on applicable model year ratio is defined as the number of times Administrator, a manufacturer may engines are still required to meet the in- a vehicle has been operated such that all choose not to activate the MIL. use performance ratio as specified in monitoring conditions have been (ii) For gasoline engines, a paragraph (d)(1)(ii) of this section. encountered that are necessary for the manufacturer may choose to meet the (1) The manufacturer must implement specific monitor to detect a malfunction. MIL and DTC requirements in § 86.007– software algorithms in the OBD system (ii) The denominator is defined as the 17 in lieu of meeting the requirements to individually track and report the in- number of times a vehicle has been of paragraph (b) of this § 86.010–18. use performance of the following operated in accordance with the (c) Monitoring conditions. The OBD monitors, if equipped, in the provisions of paragraph (d)(4) of this system must monitor and detect the standardized format specified in section. malfunctions specified in paragraphs paragraph (e) of this section: NMHC (iii) The performance ratio is defined (g), (h), and (i) of this section under the converting catalyst (paragraph (g)(5) of as the numerator divided by the following general monitoring this section); NOX converting catalyst denominator. conditions. The more specific (paragraph (g)(6) of this section); (3) Specifications for incrementing the monitoring conditions of paragraph (d) gasoline catalyst (paragraph (h)(6) of numerator. of this section are sometimes required this section); exhaust gas sensor (i) Except as provided for in according to the provisions of (paragraph (g)(9) of this section) or paragraph (d)(3)(v) of this section, the paragraphs (g), (h), and (i) of this paragraph(h)(8) of this section); numerator, when incremented, must be section. evaporative system (paragraph (h)(7) of incremented by an integer of one. The (1) As specifically provided for in this section); EGR system (paragraph numerator shall not be incremented paragraphs (g), (h), and (i) of this (g)(3) of this section or (h)(3) of this more than once per drive cycle. section, the monitoring conditions for section); VVT system (paragraph (g)(10) (ii) The numerator for a specific detecting malfunctions must be of this section or (h)(9) of this section); monitor must be incremented within 10 technically necessary to ensure robust secondary air system (paragraph (h)(5) seconds if and only if the following detection of malfunctions (e.g., avoid of this section); DPF system (paragraph criteria are satisfied on a single drive false passes and false indications of (g)(8) of this section); boost pressure cycle: malfunctions); designed to ensure control system (paragraph (g)(4) of this (A) Every monitoring condition has monitoring will occur under conditions section); and, NOX adsorber system been satisfied that is necessary for the that may reasonably be expected to be (paragraph (g)(7) of this section). specific monitor to detect a malfunction encountered in normal vehicle (i) The manufacturer shall not use the and store a pending DTC, including operation and normal vehicle use; and, calculated ratio specified in paragraph applicable enable criteria, presence or designed to ensure monitoring will (d)(2) of this section or any other absence of related DTCs, sufficient occur during the FTP transient test cycle indication of monitor frequency as a length of monitoring time, and contained in Appendix I paragraph (f), monitoring condition for a monitor (e.g., diagnostic executive priority of this part, or similar drive cycle as using a low ratio to enable more assignments (e.g., diagnostic ‘‘A’’ must approved by the Administrator. frequent monitoring through diagnostic execute prior to diagnostic ‘‘B’’). For the

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purpose of incrementing the numerator, allowed in paragraph (b)(2)(iii) of this (A) Cumulative time since the start of satisfying all the monitoring conditions section for any of the monitors requiring the drive cycle is greater than or equal necessary for a monitor to determine a numerator, are required to increment to 600 seconds while at an ambient that the monitor is not malfunctioning the numerator(s) appropriately. The temperature of greater than or equal to shall not, by itself, be sufficient to meet manufacturer may be required to 40 degrees Fahrenheit (4 C) but less than this criteria. provide supporting data and/or or equal to 95 degrees Fahrenheit (35 C); (B) For monitors that require multiple engineering analyses demonstrating and, stages or events in a single drive cycle both the equivalence of their (B) Engine cold start occurs with the to detect a malfunction, every incrementing approach to the engine coolant temperature greater than monitoring condition necessary for all incrementing specified in this paragraph or equal to 40 degrees Fahrenheit (4 C) events to complete must be satisfied. (d)(3) for monitors using the standard but less than or equal to 95 degrees (C) For monitors that require intrusive MIL activation protocol, and the overall Fahrenheit (35 C) and less than or equal operation of components to detect a equivalence of the incrementing to 12 degrees Fahrenheit (7 C) higher malfunction, a manufacturer must approach in determining that the than the ambient temperature. request approval of the strategy used to minimum acceptable in-use (iv) In addition to the requirements of determine that, had a malfunction been performance ratio of paragraph (d)(1)(ii) paragraph (d)(4)(ii) of this section, the present, the monitor would have of this section, if applicable, has been denominator(s) for the following detected the malfunction. Administrator satisfied. monitors may be incremented if and approval of the request will be based on (4) Specifications for incrementing the only if the component or strategy is the equivalence of the strategy to actual denominator. commanded ‘‘on’’ for a cumulative time intrusive operation and the ability of the (i) The denominator, when greater than or equal to 10 seconds. For strategy to determine accurately if every incremented, must be incremented by purposes of determining this monitoring condition was satisfied that an integer of one. The denominator shall commanded ‘‘on’’ time, the OBD system was necessary for the intrusive event to not be incremented more than once per shall not include time during intrusive occur. drive cycle. operation of any of the components or (D) For the secondary air system strategies that occurs later in the same monitor, the criteria in paragraphs (ii) The denominator for each monitor must be incremented within 10 seconds drive cycle for the sole purpose of (d)(3)(ii)(A) through (d)(3)(ii)(C) of this monitoring. section are satisfied during normal if and only if the following criteria are satisfied on a single drive cycle: (A) Secondary air system (paragraph operation of the secondary air system. (h)(5) of this section). Monitoring during intrusive operation (A) Cumulative time since the start of the drive cycle is greater than or equal (B) Cold start emission reduction of the secondary air system later in the strategy (paragraph (h)(4) of this same drive cycle for the sole purpose of to 600 seconds while at an elevation of less than 8,000 feet (2,400 meters) above section). monitoring shall not, by itself, be (C) Components or systems that sea level and at an ambient temperature sufficient to meet these criteria. operate only at engine start-up (e.g., of greater than or equal to 20 degrees (iii) For monitors that can generate glow plugs, intake air heaters) and are Fahrenheit (¥7 C); results in a ‘‘gray zone’’ or ‘‘non- subject to monitoring under ‘‘other detection zone’’ (i.e., monitor results (B) Cumulative gasoline engine emission control systems’’ (paragraph that indicate neither a properly operation at or above 25 miles per hour (i)(4) of this section) or comprehensive operating system nor a malfunctioning or diesel engine operation at or above component output components system) or in a ‘‘non-decision zone’’ 1,150 rotations per minute (diesel (paragraph (i)(3)(iii) of this section). (e.g., monitors that increment and engines may use the gasoline criterion (v) In addition to the requirements of decrement counters until a pass or fail for 2010 through 2012 model years), paragraph (d)(4)(ii) of this section, the threshold is reached), the numerator, in either of which occurs for greater than denominator(s) for the following general, shall not be incremented when or equal to 300 seconds while at an monitors of output components (except the monitor indicates a result in the elevation of less than 8,000 feet (2,400 those operated only at engine start-up ‘‘non-detection zone’’ or prior to the meters) above sea level and at an and subject to the requirements of monitor reaching a complete decision. ambient temperature of greater than or ¥ paragraph (d)(4)(iv) of this section, may When necessary, the Administrator will equal to 20 degrees Fahrenheit ( 7 C); be incremented if and only if the consider data and/or engineering and, component is commanded to function analyses submitted by the manufacturer (C) Continuous engine operation at (e.g., commanded ‘‘on’’, ‘‘opened’’, demonstrating the expected frequency idle (e.g., accelerator pedal released by ‘‘closed’’, ‘‘locked’’) on two or more of results in the ‘‘non-detection zone’’ driver and engine speed less than or occasions during the drive cycle or for and the ability of the monitor to equal to 200 rpm above normal warmed- a cumulative time greater than or equal determine accurately, had an actual up idle (as determined in the drive to 10 seconds, whichever occurs first: malfunction been present, whether or position for vehicles equipped with an (A) Variable valve timing and/or not the monitor would have detected a automatic transmission) or vehicle control system (paragraph (g)(10) of this malfunction instead of a result in the speed less than or equal to one mile per section or (h)(9) of this section). ‘‘non-detection zone.’’ hour) for greater than or equal to 30 (B) ‘‘Other emission control systems’’ (iv) For monitors that run or complete seconds while at an elevation of less (paragraph (i)(4) of this section). their evaluation with the engine off, the than 8,000 feet (2,400 meters) above sea (C) Comprehensive component output numerator must be incremented either level and at an ambient temperature of component (paragraph (i)(3) of this within 10 seconds of the monitor greater than or equal to 20 degrees section) (e.g., turbocharger waste-gates, completing its evaluation in the engine Fahrenheit (¥7 C). variable length manifold runners). off state, or during the first 10 seconds (iii) In addition to the requirements of (vi) For monitors of the following of engine start on the subsequent drive paragraph (d)(4)(ii) of this section, the components, the manufacturer may use cycle. evaporative system monitor alternative or additional criteria for (v) Manufacturers that use alternative denominator(s) may be incremented if incrementing the denominator to that statistical MIL activation protocols as and only if: set forth in paragraph (d)(4)(ii) of this

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section. To do so, the alternative criteria the equivalence to the criteria of denominator for each of the following must be based on equivalence to the paragraph (d)(4)(ii) of this section in components: criteria of paragraph (d)(4)(ii) of this measuring the amount of vehicle (i) For diesel engines, NMHC catalyst section in measuring the frequency of operation relative to the measure of bank 1, NMHC catalyst bank 2, NOX monitor operation relative to the conventional vehicle operation. catalyst bank 1, NOX catalyst bank 2, amount of engine operation: (5) Disablement of numerators and exhaust gas sensor bank 1, exhaust gas (A) Engine cooling system input denominators. sensor bank 2, EGR/VVT system, DPF, components (paragraph (i)(1) of this (i) Within 10 seconds of detecting a boost pressure control system, and NOX section). malfunction (i.e., a pending or a MIL-on adsorber. The OBD system must also (B) ‘‘Other emission control systems’’ DTC has been stored) that disables a report a general denominator and an (paragraph (i)(4) of this section). monitor for which the monitoring ignition cycle counter in the (C) Comprehensive component input conditions in paragraph (d) of this standardized format specified in components that require extended section must be met, the OBD system paragraphs (e)(5), (e)(6), and (k)(5) of monitoring evaluation (paragraph (i)(3) must stop incrementing the numerator this section. of this section) (e.g., stuck fuel level and denominator for any monitor that (ii) For gasoline engines, catalyst bank sensor rationality). may be disabled as a consequence of the 1, catalyst bank 2, exhaust gas sensor (D) Comprehensive component input detected malfunction. Within 10 bank 1, exhaust gas sensor bank 2, component temperature sensor seconds of the time at which the evaporative leak detection system, EGR/ rationality monitors (paragraph (i)(3) of malfunction is no longer being detected VVT system, and secondary air system. this section) (e.g., intake air temperature (e.g., the pending DTC is erased through The OBD system must also report a sensor, ambient temperature sensor, fuel OBD system self-clearing or through a general denominator and an ignition temperature sensor). scan tool command), incrementing of all cycle counter in the standardized format (E) Diesel particulate filter (DPF) applicable numerators and specified in paragraphs (e)(5), (e)(6), and frequent regeneration (paragraph denominators must resume. (k)(5) of this section. (g)(8)(ii)(B) of this section). (ii) Within 10 seconds of the start of (iii) For specific components or (vii) For monitors of the following a power take-off unit (e.g., dump bed, systems that have multiple monitors components or other emission controls snow plow blade, or aerial bucket, etc.) that are required to be reported under that experience infrequent regeneration that disables a monitor for which the paragraphs (g) and (h) of this section events, the manufacturer may use monitoring conditions in paragraph (d) (e.g., exhaust gas sensor bank 1 may alternative or additional criteria for of this section must be met, the OBD have multiple monitors for sensor incrementing the denominator to that system must stop incrementing the response or other sensor characteristics), set forth in paragraph (d)(4)(ii) of this numerator and denominator for any the OBD system must separately track section. To do so, the alternative criteria monitor that may be disabled as a numerators and denominators for each must be based on equivalence to the consequence of power take-off of the specific monitors and report only criteria of paragraph (d)(4)(ii) of this operation. Within 10 seconds of the the corresponding numerator and section in measuring the frequency of time at which the power take-off denominator for the specific monitor monitor operation relative to the operation ends, incrementing of all that has the lowest numerical ratio. If amount of engine operation: applicable numerators and two or more specific monitors have (A) NMHC converting catalyst identical ratios, the corresponding (paragraph (g)(5) of this section). denominators must resume. (iii) Within 10 seconds of detecting a numerator and denominator for the (B) Diesel particulate filter (DPF) specific monitor that has the highest (paragraphs (g)(8)(ii)(A) and (g)(8)(ii)(D) malfunction (i.e., a pending or a MIL-on DTC has been stored) of any component denominator must be reported for the of this section). specific component. (viii) In addition to the requirements used to determine if the criteria of paragraphs (d)(4)(ii) and (d)(4)(iii) of (2) Numerator. of paragraph (d)(4)(ii) of this section, the (i) The OBD system must report a this section are satisfied, the OBD denominator(s) for the following separate numerator for each of the system must stop incrementing all monitors shall be incremented if and applicable components listed in applicable numerators and only if a regeneration event is paragraph (e)(1) of this section. commanded for a time greater than or denominators. Within 10 seconds of the (ii) The numerator(s) must be reported equal to 10 seconds: time at which the malfunction is no in accordance with the specifications in (A) DPF incomplete regeneration longer being detected (e.g., the pending paragraph (k)(5)(ii) of this section. (paragraph (g)(8)(ii)(C) of this section). DTC is erased through OBD system self- (3) Denominator. (B) DPF active/intrusive injection clearing or through a scan tool (i) The OBD system must report a (paragraph (g)(8)(ii)(E) of this section). command), incrementing of all separate denominator for each of the (ix) For hybrids that employ applicable numerators and applicable components listed in alternative engine start hardware or denominators must resume. paragraph (e)(1) of this section. strategies (e.g., integrated starter and (e) Standardized tracking and (ii) The denominator(s) must be generators), or alternative fuel vehicles reporting of in-use monitor reported in accordance with the (e.g., dedicated, bi-fuel, or dual-fuel performance. specifications in paragraph (k)(5)(ii) of applications), the manufacturer may use (1) General. For monitors required to this section. alternative criteria for incrementing the track and report in-use monitor (4) Monitor performance ratio. For denominator to that set forth in performance according to paragraph (d) purposes of determining which paragraph (d)(4)(ii) of this section. In of this section, the performance data corresponding numerator and general, the Administrator will not must be tracked and reported in denominator to report as required in approve alternative criteria for those accordance with the specifications in paragraph (e)(1)(iii) of this section, the hybrids that employ engine shut off paragraphs (d)(2), (e), and (k)(5) of this ratio must be calculated in accordance only at or near idle and/or vehicle stop section. The OBD system must with the specifications in paragraph conditions. To use alternative criteria, separately report an in-use monitor (k)(5)(iii) of this section. the alternative criteria must be based on performance numerator and (5) Ignition cycle counter.

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(i) The ignition cycle counter is denominator shall not be incremented determined incorrectly the test cycle defined as a counter that indicates the more than once per drive cycle. and standard that is most stringent or number of ignition cycles a vehicle has (B) The general denominator must be effective, the manufacturer must be able experienced according to the incremented within 10 seconds if and to provide emission data and/or specifications of paragraph (e)(5)(ii)(B) only if the criteria identified in engineering analysis supporting their of this section. The ignition cycle paragraph (d)(4)(ii) of this section are choice of test cycle and standard. counter must be reported in accordance satisfied on a single drive cycle. (2) On engines equipped with with the specifications in paragraph (C) Within 10 seconds of detecting a emission controls that experience (k)(5)(ii) of this section. malfunction (i.e., a pending or a MIL-on infrequent regeneration events, a (ii) The ignition cycle counter must be DTC has been stored) of any component manufacturer need not adjust the incremented as follows: used to determine if the criteria in emission test results that are used to (A) The ignition cycle counter, when paragraph (d)(4)(ii) of this section are determine the malfunction criteria for incremented, must be incremented by satisfied (i.e., vehicle speed/load, monitors that are required to indicate a an integer of one. The ignition cycle ambient temperature, elevation, idle malfunction before emissions exceed a counter shall not be incremented more operation, or time of operation), the certain emission threshold. For each than once per ignition cycle. OBD system must stop incrementing the such monitor, should the manufacturer (B) The ignition cycle counter must be general denominator. Incrementing of choose to adjust the emission test incremented within 10 seconds if and the general denominator shall not be results, the manufacturer must adjust only if the engine exceeds an engine stopped for any other condition (e.g., the emission result as done in speed of 50 to 150 rpm below the the disablement criteria in paragraphs accordance with the provisions of normal, warmed-up idle speed (as (d)(5)(i) and (d)(5)(ii) of this section § 86.004–28(i) with the component for determined in the drive position for shall not disable the general which the malfunction criteria are being engines paired with an automatic denominator). Within 10 seconds of the established having been deteriorated to transmission) for at least two seconds time at which the malfunction is no the malfunction threshold. The adjusted plus or minus one second. longer being detected (e.g., the pending emission value must be used for (iii) Within 10 seconds of detecting a DTC is erased through OBD system self- purposes of determining whether or not malfunction (i.e., a pending or a MIL-on clearing or through a scan tool the applicable emission threshold is DTC has been stored) of any component command), incrementing of the general exceeded. used to determine if the criteria in denominator must resume. (i) For purposes of this paragraph paragraph (e)(5)(ii)(B) of this section are (f) Malfunction criteria determination. (f)(2), regeneration means an event, by (1) In determining the malfunction satisfied (i.e., engine speed or time of design, during which emissions levels criteria for the diesel engine monitors operation), the OBD system must stop change while the emission control required under paragraphs (g) and (i) of incrementing the ignition cycle counter. performance is being restored. Incrementing of the ignition cycle this section that are required to indicate counter shall not be stopped for any a malfunction before emissions exceed (ii) For purposes of this paragraph other condition. Within 10 seconds of an emission threshold based on any (f)(2), infrequent means having an the time at which the malfunction is no applicable standard, the manufacturer expected frequency of less than once per longer being detected (e.g., the pending must: transient FTP cycle. DTC is erased through OBD system self- (i) Use the emission test cycle and (3) For gasoline engines, rather than clearing or through a scan tool standard (i.e., the transient FTP or the meeting the malfunction criteria command), incrementing of the ignition supplemental emissions test (SET)) specified under paragraphs (h) and (i) of cycle counter must resume. determined by the manufacturer to this section, the manufacturer may (6) General denominator. provide the most effective monitoring request approval to use an OBD system (i) The general denominator is defined conditions and robust monitor provided certified to the requirements of as a measure of the number of times an all other applicable requirements of this § 86.007–17. To do so, the manufacturer engine has been operated according to section are met. must demonstrate use of good the specifications of paragraph (ii) Identify in the certification engineering judgment in determining (e)(6)(ii)(B) of this section. The general documentation required under equivalent malfunction detection denominator must be reported in paragraph (m) of this section, the test criteria to those required in this section. accordance with the specifications in cycle and standard determined by the (g) OBD monitoring requirements for paragraph (k)(5)(ii) of this section. manufacturer to be the most stringent diesel-fueled/compression-ignition (ii) The general denominator must be for each applicable monitor and the engines. The following table shows the incremented as follows: most effective and robust for each thresholds at which point certain (A) The general denominator, when applicable monitor. components or systems, as specified in incremented, must be incremented by (iii) If the Administrator reasonably this paragraph (g), are considered an integer of one. The general believes that a manufacturer has malfunctioning.

TABLE 1—OBD EMISSIONS THRESHOLDS FOR DIESEL-FUELED/COMPRESSION-IGNITION ENGINES MEANT FOR PLACEMENT IN APPLICATIONS GREATER THAN 14,000 POUNDS GVWR (G/BHP-HR)

§ 86.010–18 Component reference NMHC CO NOX PM

Model years 2010–2012: NOX aftertreatment system ...... (g)(6) ...... +0.6 (g)(7) Diesel particulate filter (DPF) system ...... (g)(8) 2.5x ...... 0.05/+0.04 Air-fuel ratio sensors upstream of aftertreat ment devices ...... (g)(9) 2.5x 2.5x +0.3 0.03/+0.02

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TABLE 1—OBD EMISSIONS THRESHOLDS FOR DIESEL-FUELED/COMPRESSION-IGNITION ENGINES MEANT FOR PLACEMENT IN APPLICATIONS GREATER THAN 14,000 POUNDS GVWR (G/BHP-HR)—Continued

§ 86.010–18 PM Component reference NMHC CO NOX

Air-fuel ratio sensors downstream of aftertreatment devices ...... (g)(9) 2.5x ...... +0.3 0.05/+0.04 NOX sensors ...... (g)(9) ...... +0.6 0.05/+0.04 ‘‘Other monitors’’ with emissions thresholds ...... (g)(1) 2.5x 2.5x +0.3 0.03/+0.02 (g)(3) (g)(4) (g)(10) Model years 2013 and later: NOX aftertreatment system ...... (g)(6) ...... +0.3 (g)(7) Diesel particulate filter (DPF) system ...... (g)(8) 2x ...... 0.05/+0.04 Air-fuel ratio sensors upstream of aftertreatment devices ...... (g)(9) 2x 2x +0.3 0.03/+0.02 Air-fuel ratio sensors downstream of aftertreatment devices ...... (g)(9) 2x ...... +0.3 0.05/+0.04 NOX sensors ...... (g)(9) ...... +0.3 0.05/+0.04 ‘‘Other monitors’’ with emissions thresholds ...... (g)(1) 2x 2x +0.3 0.03/+0.02 (g)(2) (g)(3) (g)(4) (g)(10) Notes: FEL = Family Emissions Limit; 2.5x std means a multiple of 2.5 times the applicable emissions standard; +0.3 means the standard or FEL plus 0.3; 0.05/+0.04 means an absolute level of 0.05 or an additive level of the standard or FEL plus 0.04, whichever level is higher; these emissions thresholds apply to the monitoring requirements of paragraph (g) of this § 86.010–18.

(1) Fuel system monitoring. engine’s emissions to exceed the OBD system must detect a malfunction (i) General. The OBD system must applicable emissions thresholds. when the system has reached its control monitor the fuel delivery system to (B) Fuel system injection quantity. limits such that the commanded fuel verify that it is functioning properly. The OBD system must detect a injection timing cannot be achieved. For The individual electronic components malfunction of the fuel injection system model year 2010 to 2012 engines with (e.g., actuators, valves, sensors, pumps) when the system is unable to deliver the a unit injector fuel system, this that are used in the fuel system and are commanded quantity of fuel necessary requirement may be met by conducting not specifically addressed in this to maintain an engine’s emissions at or a functional check of the fuel system paragraph (g)(1) must be monitored in below the emissions thresholds for injection timing in lieu of monitoring accordance with the requirements of ‘‘other monitors’’ as shown in Table 1 of for conditions that could cause an paragraph (i)(3) of this section. this paragraph (g). For engines in which engine’s emissions to exceed the no failure or deterioration of the fuel (ii) Fuel system malfunction criteria. applicable emissions thresholds. injection quantity could result in an (D) Combined Monitoring. For engines (A) Fuel system pressure control. The engine’s emissions exceeding the with a unit injector fuel system, the OBD system must monitor the fuel applicable emissions thresholds, the manufacturer may request system’s ability to control to the desired OBD system must detect a malfunction Administrator approval to combine the fuel pressure. This monitoring must be when the system has reached its control malfunction criteria of paragraphs done continuously unless new hardware limits such that the commanded fuel (g)(1)(ii)(A) through (g)(1)(ii)(C) of this has to be added, in which case the quantity cannot be delivered. For model section into one malfunction provided monitoring must be done at least once year 2010 to 2012 engines with a unit the manufacturer can demonstrate that per drive cycle. The OBD system must injector fuel system, this requirement the combined malfunction will satisfy detect a malfunction of the fuel system’s may be met by conducting a functional the intent of each separate malfunction pressure control system when the check of the fuel system injection criteria. For engines with a common rail pressure control system is unable to quantity in lieu of monitoring for fuel system, the manufacturer may maintain an engine’s emissions at or conditions that could cause an engine’s request Administrator approval to below the emissions thresholds for emissions to exceed the applicable combine the malfunction criteria of ‘‘other monitors’’ as shown in Table 1 of emissions thresholds. paragraphs (g)(1)(ii)(B) through this paragraph (g). For engines in which (C) Fuel system injection timing. The (g)(1)(ii)(C) of this section into one no failure or deterioration of the fuel OBD system must detect a malfunction malfunction provided the manufacturer system pressure control could result in of the fuel injection system when the can demonstrate that the combined an engine’s emissions exceeding the system is unable to deliver fuel at the malfunction will satisfy the intent of applicable emissions thresholds, the proper crank angle/timing (e.g., each separate malfunction criteria. OBD system must detect a malfunction injection timing too advanced or too (E) Fuel system feedback control. See when the system has reached its control retarded) necessary to maintain an paragraph (i)(6) of this section. limits such that the commanded fuel engine’s emissions at or below the (iii) Fuel system monitoring system pressure cannot be delivered. emissions thresholds for ‘‘other conditions. For model year 2010 to 2012 engines monitors’’ as shown in Table 1 of this (A) With the exceptions noted in this with a unit injector fuel system, this paragraph (g). For engines in which no paragraph for unit injector systems, the requirement may be met by conducting failure or deterioration of the fuel OBD system must monitor continuously a functional check of the fuel system injection timing could result in an for malfunctions identified in pressure control in lieu of monitoring engine’s emissions exceeding the paragraphs (g)(1)(ii)(A) and (g)(1)(ii)(E) for conditions that could cause an applicable emissions thresholds, the of this section. For 2010 through 2012

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unit injector systems, where functional quality (e.g., for use in engines with equivalent timeliness in detection of monitoring is done in lieu of emission homogeneous charge compression malfunctions. threshold monitoring for malfunctions ignition (HCCI) control systems), the (C) For model years 2013 and later, on identified in paragraph (g)(1)(ii)(A) of OBD system must detect a misfire engines equipped with sensors that can this section, the manufacturer must malfunction causing emissions to detect combustion or combustion define the monitoring conditions in exceed the applicable thresholds for quality the OBD system must monitor accordance with paragraphs (c) and (d) ‘‘other monitors’’ shown in Table 1 of continuously for engine misfire under of this section. For 2013 and later unit this paragraph (g). To determine what all positive torque engine speed and injector systems, the manufacturer must level of misfire would cause emissions load conditions. If a monitoring system define the monitoring conditions for to exceed the applicable emissions cannot detect all misfire patterns under malfunctions identified in paragraph thresholds, the manufacturer must all required engine speed and load (g)(1)(ii)(A) of this section in accordance determine the percentage of misfire conditions, the manufacturer may with paragraphs (c) and (d) of this evaluated in 1,000 revolution request that the Administrator approve section, with the exception that increments that would cause emissions the monitoring system nonetheless. In monitoring must occur every time the from an emission durability evaluating the manufacturer’s request, monitoring conditions are met during demonstration engine to exceed the the Administrator will consider the the drive cycle rather than once per emissions thresholds if the percentage following factors: the magnitude of the drive cycle as required in paragraph of misfire were present from the region(s) in which misfire detection is (c)(2) of this section. beginning of the test. To establish this limited; the degree to which misfire (B) For 2010 through 2012, the percentage of misfire, the manufacturer detection is limited in the region(s) (i.e., manufacturer must define the must use misfire events occurring at the probability of detection of misfire monitoring conditions for malfunctions equally spaced, complete engine cycle events); the frequency with which said identified in paragraphs (g)(1)(ii)(B), intervals, across randomly selected region(s) are expected to be encountered (g)(1)(ii)(C), and (g)(1)(ii)(D) of this cylinders throughout each 1,000- in-use; the type of misfire patterns for section in accordance with paragraphs revolution increment. If this percentage which misfire detection is troublesome; (c) and (d) of this section. For 2013 and of misfire is determined to be lower and demonstration that the monitoring later, the manufacturer must define the than one percent, the manufacturer may technology employed is not inherently monitoring conditions in accordance set the malfunction criteria at one incapable of detecting misfire under with paragraphs (c) and (d) of this percent. Any misfire malfunction must required conditions (i.e., compliance section, with the exception that be detected if the percentage of misfire can be achieved on other engines). The monitoring must occur every time the established via this testing is exceeded evaluation will be based on the monitoring conditions are met during regardless of the pattern of misfire following misfire patterns: equally the drive cycle rather than once per events (e.g., random, equally spaced, spaced misfire occurring on randomly drive cycle as required in paragraph continuous). The manufacturer may selected cylinders; single cylinder (c)(2) of this section. employ other revolution increments continuous misfire; and, paired cylinder (iv) Fuel system MIL activation and besides the 1,000 revolution increment. (cylinders firing at the same crank DTC storage. The MIL must activate and To do so, the manufacturer must angle) continuous misfire. DTCs must be stored according to the demonstrate that the strategy is equally (iv) Engine misfire MIL activation and provisions of paragraph (b) of this effective and timely in detecting misfire. DTC storage. section. (iii) Engine misfire monitoring (A) General requirements for MIL (2) Engine misfire monitoring. conditions. activation and DTC storage are set forth (i) General. The OBD system must (A) The OBD system must monitor for in paragraph (b) of this section. monitor the engine for misfire causing engine misfire during engine idle (B) For model years 2013 and later, on excess emissions. conditions at least once per drive cycle engines equipped with sensors that can (ii) Engine misfire malfunction in which the monitoring conditions for detect combustion or combustion criteria. misfire are met. The manufacturer must quality, upon detection of the (A) The OBD system must be capable be able to demonstrate via engineering percentage of misfire specified in of detecting misfire occurring in one or analysis and/or data that the self- paragraph (g)(2)(ii)(B) of this section, the more cylinders. To the extent possible defined monitoring conditions: are following criteria shall apply for MIL without adding hardware for this technically necessary to ensure robust activation and DTC storage: A pending specific purpose, the OBD system must detection of malfunctions (e.g., avoid DTC must be stored no later than after also identify the specific misfiring false passes and false detection of the fourth exceedance of the percentage cylinder. If more than one cylinder is malfunctions); require no more than of misfire specified in paragraph misfiring continuously, or if more than 1000 cumulative engine revolutions; (g)(2)(ii) of this section during a single one but less than half of the cylinders and, do not require any single drive cycle; if a pending fault code has are misfiring continuously (if the continuous idle operation of more than been stored, the OBD system must manufacturer can demonstrate the 15 seconds to make a determination that activate the MIL and store a MIL-on robustness of their monitor to the a malfunction is present (e.g., a decision DTC within 10 seconds if the percentage approval of the Administrator), a can be made with data gathered during of misfire specified in paragraph separate DTC must be stored indicating several idle operations of 15 seconds or (g)(2)(ii) of this section is again that multiple cylinders are misfiring. less); or, satisfy the requirements of exceeded four times during the drive When identifying multiple cylinder paragraph (c) of this section with cycle immediately following storage of misfire, the OBD system is not required alternative engine operating conditions. the pending DTC, regardless of the to identify individually through (B) Manufacturers may employ conditions encountered during the drive separate DTCs each of the continuously alternative monitoring conditions (e.g., cycle, or on the next drive cycle in misfiring cylinders. off-idle) provided the manufacturer is which similar conditions are (B) For model years 2013 and later, on able to demonstrate that the alternative encountered to those that were engines equipped with sensors that can monitoring ensure equivalent robust occurring when the pending DTC was detect combustion or combustion detection of malfunctions and stored. Similar conditions means an

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engine speed within 375 rpm, engine (A) EGR low flow. The OBD system system has no detectable amount of EGR load within 20 percent, and the same must detect a malfunction of the EGR cooling. warm up status (i.e., cold or hot). The system prior to a decrease from the (iii) EGR system monitoring Administrator may approve other manufacturer’s specified EGR flow rate conditions. definitions of similar conditions based that would cause an engine’s emissions (A) The OBD system must monitor on comparable timeliness and reliability to exceed the emissions thresholds for continuously for malfunctions in detecting similar engine operation. ‘‘other monitors’’ as shown in Table 1 of identified in paragraphs (g)(3)(ii)(A), The pending DTC may be erased at the this paragraph (g). For engines in which (g)(3)(ii)(B), and (g)(3)(ii)(D) of this end of the next drive cycle in which no failure or deterioration of the EGR section. similar conditions are encountered to system that causes a decrease in flow (B) The manufacturer must define the those that were occurring when the could result in an engine’s emissions monitoring conditions for malfunctions pending DTC was stored provided the exceeding the applicable emissions identified in paragraph (g)(3)(ii)(C) of specified percentage of misfire was not thresholds, the OBD system must detect this section in accordance with again exceeded. The pending DTC may a malfunction when the system has paragraphs (c) and (d) of this section, also be erased if similar conditions are reached its control limits such that it with the exception that monitoring must not encountered during the 80 drive cannot increase EGR flow to achieve the occur every time the monitoring cycles immediately following initial commanded flow rate. conditions are met during the drive detection of the malfunction. (B) EGR high flow. The OBD system cycle rather than once per drive cycle as (C) For model years 2013 and later, on must detect a malfunction of the EGR required in paragraph (c)(2) of this engines equipped with sensors that can system, including a leaking EGR valve section. For purposes of tracking and detect combustion or combustion (i.e., exhaust gas flowing through the reporting as required in paragraph (d)(1) quality, the OBD system must store and valve when the valve is commanded of this section, all monitors used to erase freeze frame conditions either in closed) prior to an increase from the detect malfunctions identified in conjunction with storing and erasing a manufacturer’s specified EGR flow rate paragraph (g)(3)(ii)(C) of this section pending DTC or in conjunction with that would cause an engine’s emissions must be tracked separately but reported storing and erasing a MIL-on DTC. If to exceed the emissions thresholds for as a single set of values as specified in freeze frame conditions are stored for a ‘‘other monitors’’ as shown in Table 1 of paragraph (e)(1)(iii) of this section. (C) The manufacturer must define the malfunction other than a misfire this paragraph (g). For engines in which monitoring conditions for malfunctions malfunction when a DTC is stored as no failure or deterioration of the EGR identified in paragraph (g)(3)(ii)(E) of specified in paragraph (g)(2)(iv)(B) of system that causes an increase in flow this section in accordance with this section, the stored freeze frame could result in an engine’s emissions paragraphs (c) and (d) of this section. information must be replaced with the exceeding the applicable emissions For purposes of tracking and reporting freeze frame information regarding the thresholds, the OBD system must detect as required in paragraph (d)(1) of this misfire malfunction. a malfunction when the system has reached its control limits such that it section, all monitors used to detect (D) For model years 2013 and later, on cannot reduce EGR flow to achieve the malfunctions identified in paragraph engines equipped with sensors that can commanded flow rate. (g)(3)(ii)(E) of this section must be detect combustion or combustion (C) EGR slow response. The OBD tracked separately but reported as a quality, upon detection of misfire system must detect a malfunction of the single set of values as specified in according to paragraph (g)(2)(iv)(B) of EGR system prior to any failure or paragraph (e)(1)(iii) of this section. this section, the OBD system must also deterioration in the capability of the (D) The manufacturer may request store the following engine conditions: EGR system to achieve the commanded Administrator approval to disable engine speed, load, and warm up status flow rate within a manufacturer- temporarily the EGR system monitor(s) of the first misfire event that resulted in specified time that would cause an under specific ambient conditions (e.g., the storage of the pending DTC. engine’s emissions to exceed the when freezing may affect performance (E) For model years 2013 and later, on emissions thresholds for ‘‘other of the system) or during specific engines equipped with sensors that can monitors’’ as shown in Table 1 of this operating conditions (e.g., transients, detect combustion or combustion paragraph (g). The OBD system must extreme low or high flow conditions). quality, the MIL may be deactivated monitor both the capability of the EGR The manufacturer must be able to after three sequential drive cycles in system to respond to a commanded demonstrate via data or engineering which similar conditions have been increase in flow and the capability of analysis that a reliable system monitor encountered without an exceedance of the EGR system to respond to a cannot be run when these conditions the specified percentage of misfire. commanded decrease in flow. exist because it cannot robustly (3) EGR system monitoring. (D) EGR system feedback control. See distinguish between a malfunctioning (i) General. The OBD system must paragraph (i)(6) of this section. system and a properly operating system. monitor the EGR system on engines so (E) EGR cooler performance. The OBD The manufacturer is still required to equipped for low flow rate, high flow system must detect a malfunction of the maintain comprehensive component rate, and slow response malfunctions. EGR cooler prior to a reduction from the monitoring as required in paragraph For engines equipped with EGR coolers manufacturer’s specified cooling (i)(3) of this section. (e.g., heat exchangers), the OBD system performance that would cause an (iv) EGR system MIL activation and must monitor the cooler for insufficient engine’s emissions to exceed the DTC storage. The MIL must activate and cooling malfunctions. The individual emissions thresholds for ‘‘other DTCs must be stored according to the electronic components (e.g., actuators, monitors’’ as shown in Table 1 of this provisions of paragraph (b) of this valves, sensors) that are used in the EGR paragraph (g). For engines in which no section. system must be monitored in failure or deterioration of the EGR (4) Turbo boost control system accordance with the comprehensive cooler could result in an engine’s monitoring. component requirements in paragraph emissions exceeding the applicable (i) General. The OBD system must (i)(3) of this section. emissions thresholds, the OBD system monitor the boost pressure control (ii) EGR system malfunction criteria. must detect a malfunction when the system (e.g., turbocharger) on engines so

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equipped for under and over boost paragraph (g). For engines in which no monitor(s) during specific operating malfunctions. For engines equipped failure or deterioration of the VGT conditions (e.g., transients, extreme low with variable geometry turbochargers system response could result in an or high flow conditions). The (VGT), the OBD system must monitor engine’s emissions exceeding the manufacturer must be able to the VGT system for slow response applicable emissions thresholds, the demonstrate via data or engineering malfunctions. For engines equipped OBD system must detect a malfunction analysis that a reliable system monitor with charge air cooler systems, the OBD of the VGT system when proper cannot be run when these conditions system must monitor the charge air functional response of the system to exist because it cannot robustly cooler system for cooling system computer commands does not occur. distinguish between a malfunctioning performance malfunctions. The (D) Turbo boost feedback control. See system and a properly operating system. individual electronic components (e.g., paragraph (i)(6)of this section. The manufacturer is still required to actuators, valves, sensors) that are used (E) Charge air undercooling. The OBD maintain comprehensive component in the boost pressure control system system must detect a malfunction of the monitoring as required in paragraph must be monitored in accordance with charge air cooling system prior to a (i)(3) of this section. the comprehensive component decrease from the manufacturer’s (iv) Turbo boost system MIL activation requirements in paragraph (i)(3) of this specified cooling rate that would cause and DTC storage. The MIL must activate section. an engine’s emissions to exceed the and DTCs must be stored according to (ii) Turbo boost control system emissions thresholds for ‘‘other the provisions of paragraph (b) of this malfunction criteria. monitors’’ as shown in Table 1 of this section. (A) Turbo underboost. The OBD paragraph (g). For engines in which no (5) NMHC converting catalyst system must detect a malfunction of the failure or deterioration of the charge air monitoring. boost pressure control system prior to a cooling system that causes a decrease in (i) General. The OBD system must decrease from the manufacturer’s cooling performance could result in an monitor the NMHC converting commanded boost pressure, or expected engine’s emissions exceeding the catalyst(s) for proper NMHC conversion boost pressure on engines not equipped applicable emissions thresholds, the capability. For purposes of this with a boost pressure control system, OBD system must detect a malfunction paragraph (g)(5), each catalyst that that would cause an engine’s emissions when the system has no detectable converts NMHC must be monitored to exceed the emissions thresholds for amount of charge air cooling. either individually or in combination ‘‘other monitors’’ as shown in Table 1 of (iii) Turbo boost monitoring with others. For purposes of this this paragraph (g). For engines in which conditions. paragraph (g)(5), NMHC conversion that no failure or deterioration of the boost (A) The OBD system must monitor may occur over the DPF or other pressure control system that causes a continuously for malfunctions aftertreatment devices is not included. decrease in boost could result in an identified in paragraphs (g)(4)(ii)(A), (ii) NMHC converting catalyst engine’s emissions exceeding the (g)(4)(ii)(B), and (g)(4)(ii)(D) of this malfunction criteria. applicable emissions thresholds, the section. (A) NMHC converting catalyst OBD system must detect a malfunction (B) The manufacturer must define the conversion efficiency. The OBD system when the system has reached its control monitoring conditions for malfunctions must detect a malfunction when the limits such that it cannot increase boost identified in paragraph (g)(4)(ii)(C) of catalyst has no detectable amount of to achieve the commanded boost this section in accordance with NMHC conversion capability. pressure. paragraphs (c) and (d) of this section, (B) NMHC converting catalyst (B) Turbo overboost. The OBD system with the exception that monitoring must aftertreatment assistance functions. For must detect a malfunction of the boost occur every time the monitoring catalysts used to generate an exotherm pressure control system on engines so conditions are met during the drive to assist DPF regeneration, the OBD equipped prior to an increase from the cycle rather than once per drive cycle as system must detect a malfunction when manufacturer’s commanded boost required in paragraph (c)(2) of this the catalyst is unable to generate a pressure that would cause an engine’s section. For purposes of tracking and sufficient exotherm to achieve DPF emissions to exceed the emissions reporting as required in paragraph (d)(1) regeneration. In meeting this thresholds for ‘‘other monitors’’ as of this section, all monitors used to requirement, the OBD system must shown in Table 1 of this paragraph (g). detect malfunctions identified in detect a malfunction when the DOC is For engines in which no failure or paragraph (g)(4)(ii)(C) of this section unable to generate a temperature rise of deterioration of the boost pressure must be tracked separately but reported 100 degrees C, or to reach the necessary control system that causes an increase as a single set of values as specified in DPF regeneration temperature, within in boost could result in an engine’s paragraph (e)(1)(iii) of this section. 60 seconds of initiating an active DPF emissions exceeding the applicable (C) The manufacturer must define the regeneration. Further, the OBD system emissions thresholds, the OBD system monitoring conditions for malfunctions must detect a malfunction when the must detect a malfunction when the identified in paragraph (g)(4)(ii)(E) of DOC is unable to sustain the necessary system has reached its control limits this section in accordance with regeneration temperature for the such that it cannot decrease boost to paragraphs (c) and (d) of this section. duration of the regeneration event. The achieve the commanded boost pressure. For purposes of tracking and reporting OBD or control system must abort the (C) VGT slow response. The OBD as required in paragraph (d)(1) of this regeneration if the regeneration system must detect a malfunction prior section, all monitors used to detect temperature has not been reached to any failure or deterioration in the malfunctions identified in paragraph within five minutes of initiating an capability of the VGT system on engines (g)(4)(ii)(E) of this section must be active regeneration event, or if the so equipped to achieve the commanded tracked separately but reported as a regeneration temperature cannot be turbocharger geometry within a single set of values as specified in sustained for the duration of the manufacturer-specified time that would paragraph (e)(1)(iii) of this section. regeneration event. As an alternative to cause an engine’s emissions to exceed (D) The manufacturer may request these specific malfunction criteria, the the emissions thresholds for ‘‘other Administrator approval to disable manufacturer may employ different monitors’’ as shown in Table 1 of this temporarily the turbo boost system criteria. To do so, the manufacturer

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must submit a description with active/intrusive reductant injection separate from the fuel tank used for the supporting data, subject to system for proper performance. The engine, the OBD system must detect a Administrator approval, of their DPF individual electronic components (e.g., malfunction when an improper regeneration monitoring strategy. The actuators, valves, sensors, heaters, reductant is used in the reductant Administrator will consider the pumps) in the active/intrusive reductant reservoir/tank (e.g., the reductant tank is strategy’s equivalence to the specific injection system must be monitored in filled with something other than the criteria stated in this paragraph when accordance with the comprehensive reductant). considering the request. Also as an component requirements in paragraph (E) SCR and lean NOX catalyst active/ alternative to these specific malfunction (i)(3) of this section. For purposes of this intrusive reductant feedback control. criteria, the manufacturer may employ paragraph (g)(6), each catalyst that See paragraph (i)(6) of this section. an OBD monitor that detects a catalyst converts NOX must be monitored either (iii) SCR and lean NOX catalyst malfunction when the catalyst individually or in combination with monitoring conditions. conversion capability decreases to the others. (A) The manufacturers must define point that NMHC emissions exceed 2.5 (ii) SCR and lean NOX catalyst the monitoring conditions for times the applicable NMHC emission malfunction criteria. malfunctions identified in paragraphs standard but must adjust emission test (A) SCR and lean NOX catalyst (g)(6)(ii)(A) and (g)(6)(ii)(D) of this results pursuant to paragraph (f)(2) of conversion efficiency. The OBD system section in accordance with paragraphs this section. For catalysts located must detect a catalyst malfunction when (c) and (d) of this section. For purposes downstream of a DPF and used to the catalyst conversion capability of tracking and reporting as required in convert NMHC emissions during DPF decreases to the point that would cause paragraph (d)(1) of this section, all regeneration, the OBD system must an engine’s emissions to exceed the monitors used to detect malfunctions detect a malfunction when the catalyst emissions thresholds for NOX identified in paragraph (g)(6)(ii)(A) of has no detectable amount of NMHC aftertreatment systems as shown in this section must be tracked separately conversion capability unless the Table 1 of this paragraph (g). If no but reported as a single set of values as manufacturer can demonstrate that failure or deterioration of the catalyst specified in paragraph (e)(1)(iii) of this deterioration or malfunction of the NOX conversion capability could result section. catalyst will not result in emissions that in an engine’s emissions exceeding any (B) The OBD system must monitor exceed the applicable NMHC standard. of the applicable emissions thresholds, continuously for malfunctions (iii) NMHC converting catalyst the OBD system must detect a identified in paragraphs (g)(6)(ii)(B), monitoring conditions. The malfunction when the catalyst has no (g)(6)(ii)(C), and (g)(6)(ii)(E) of this manufacturer must define the detectable amount of NOX conversion section. monitoring conditions for malfunctions capability. (iv) SCR and lean NOX catalyst MIL identified in paragraphs (g)(5)(ii)(A) and (B) SCR and lean NOX catalyst active/ activation and DTC storage. (g)(5)(ii)(B) of this section in accordance intrusive reductant delivery (A) For malfunctions identified in with paragraphs (c) and (d) of this performance. The OBD system must paragraph (g)(6)(ii)(A) of this section, section. For purposes of tracking and detect a malfunction prior to any failure the MIL must activate and DTCs must be reporting as required in paragraph (d)(1) or deterioration of the system to stored according to the provisions of of this section, all monitors used to properly regulate reductant delivery paragraph (b) of this section. detect malfunctions identified in (e.g., urea injection, separate injector (B) For malfunctions identified in paragraphs (g)(5)(ii)(A) and (g)(5)(ii)(B) fuel injection, post injection of fuel, air paragraphs (g)(6)(ii)(B), (g)(6)(ii)(C), and of this section must be tracked assisted injection/mixing) that would (g)(6)(ii)(D) of this section, the separately but reported as a single set of cause an engine’s emissions to exceed manufacturer may delay activating the values as specified in paragraph any of the applicable emissions MIL if the vehicle is equipped with an (e)(1)(iii) of this section. thresholds for NOX aftertreatment alternative indicator for notifying the (iv) NMHC converting catalyst MIL systems as shown in Table 1 of this vehicle operator of the malfunction. The activation and DTC storage. The MIL paragraph (g). If no failure or alternative indicator must be of must activate and DTCs must be stored deterioration of the reductant delivery sufficient illumination and be located according to the provisions of paragraph system could result in an engine’s such that it is readily visible to the (b) of this section. The monitoring emissions exceeding any of the vehicle operator under all lighting method for the NMHC converting applicable thresholds, the OBD system conditions. If the vehicle is not catalyst(s) must be capable of detecting must detect a malfunction when the equipped with such an alternative all instances, except diagnostic self- system has reached its control limits indicator and the OBD MIL activates, clearing, when a catalyst DTC has been such that it is no longer able to deliver the MIL may be immediately erased but the catalyst has not been the desired quantity of reductant. deactivated and the corresponding replaced (e.g., catalyst over-temperature (C) SCR and lean NOX catalyst active/ DTC(s) erased once the OBD system has histogram approaches are not intrusive reductant quantity. If the SCR verified that the reductant tank has been acceptable). or lean NOX catalyst system uses a refilled properly and the MIL has not (6) Selective catalytic reduction (SCR) reductant other than the fuel used for been activated for any other and lean NOX catalyst monitoring. the engine, or uses a reservoir/tank for malfunction. The Administrator may (i) General. The OBD system must the reductant that is separate from the approve other strategies that provide monitor the SCR and/or the lean NOX fuel tank used for the engine, the OBD equivalent assurance that a vehicle converting catalyst(s) for proper system must detect a malfunction when operator would be promptly notified conversion capability. For engines there is no longer sufficient reductant and that corrective action would be equipped with SCR systems or other available (e.g., the reductant tank is taken. catalyst systems that use an active/ empty). (C) The monitoring method for the intrusive reductant injection (e.g., active (D) SCR and lean NOX catalyst active/ SCR and lean NOX catalyst(s) must be lean NOX catalysts that use diesel fuel intrusive reductant quality. If the SCR or capable of detecting all instances, post-injection or in-exhaust injection), lean NOX catalyst system uses a except diagnostic self-clearing, when a the OBD system must monitor the reservoir/tank for the reductant that is catalyst DTC(s) has been erased but the

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catalyst has not been replaced (e.g., malfunctions identified in paragraph the detectable change in pressure drop catalyst over-temperature histogram (g)(7)(ii)(A) of this section must be is determined by operating the engine at approaches are not acceptable). tracked separately but reported as a the B50 engine speed and load point (as (7) NOX adsorber system monitoring. single set of values as specified in described in the SET test procedures), (i) General. The OBD system must paragraph (e)(1)(iii) of this section. observing the pressure drop on a clean, monitor the NOX adsorber on engines (B) The OBD system must monitor nominal DPF, and multiplying the so-equipped for proper performance. continuously for malfunctions observed pressure drop by 0.5 or other For engines equipped with active/ identified in paragraphs (g)(7)(ii)(B) and factor supported by data and approved intrusive injection (e.g., in-exhaust fuel (g)(7)(ii)(C) of this section. by the Administrator. The detectable and/or air injection) to achieve (iv) NOX adsorber system MIL change in pressure drop shall be desorption of the NOX adsorber, the activation and DTC storage. The MIL reported in units of kilopascals (kPa). At OBD system must monitor the active/ must activate and DTCs must be stored time of certification, manufacturers intrusive injection system for proper according to the provisions of paragraph shall provide the detectable change in performance. The individual electronic (b) of this section. pressure drop value along with OBD components (e.g., injectors, valves, (8) Diesel particulate filter (DPF) data stream parameters recorded with a sensors) that are used in the active/ system monitoring. clean DPF under the following nine intrusive injection system must be (i) General. The OBD system must engine speed/load operating points of monitored in accordance with the monitor the DPF on engines so- the SET: A50, A75, A100, B50, B75, equipped for proper performance. For comprehensive component B100, C50, C75, and C100. The OBD engines equipped with active requirements in paragraph (i)(3) of this data stream pararmeters to be reported regeneration systems that use an active/ section. are described in (k)(4)(ii) of this section intrusive injection (e.g., in-exhaust fuel (ii) NOX adsorber system malfunction and shall include the following: Engine injection, in-exhaust fuel/air burner), criteria. speed; calculated load; air flow rate (A) NO adsorber system capability. the OBD system must monitor the X from mass air flow sensor (if so The OBD system must detect a NO active/intrusive injection system for X equipped); fuel rate; and DPF delta adsorber malfunction when its proper performance. The individual pressure. capability (i.e., its combined adsorption electronic components (e.g., injectors, and conversion capability) decreases to valves, sensors) that are used in the (B) DPF regeneration frequency. The the point that would cause an engine’s active/intrusive injection system must OBD system must detect a malfunction NOX emissions to exceed the emissions be monitored in accordance with the when the DPF regeneration frequency thresholds for NOX aftertreatment comprehensive component increases from (i.e., occurs more often systems as shown in Table 1 of this requirements in paragraph (i)(3) of this than) the manufacturer’s specified paragraph (g). If no failure or section. regeneration frequency to a level such deterioration of the NOX adsorber (ii) DPF system malfunction criteria. that it would cause an engine’s NMHC capability could result in an engine’s (A) DPF filtering performance. The emissions to exceed the emissions OBD system must detect a malfunction NOX emissions exceeding the applicable threshold for DPF systems as shown in emissions thresholds, the OBD system prior to a decrease in the PM filtering Table 1 of this paragraph (g). If no such must detect a malfunction when the capability of the DPF (e.g., cracking, regeneration frequency exists that could system has no detectable amount of melting, etc.) that would cause an cause NMHC emissions to exceed the engine’s PM emissions to exceed the NOX adsorber capability. applicable emission threshold, the OBD (B) NOX adsorber system active/ emissions thresholds for DPF systems as system must detect a malfunction when intrusive reductant delivery shown in Table 1 of this paragraph (g). the DPF regeneration frequency exceeds performance. For NOX adsorber systems If no failure or deterioration of the PM the manufacturer’s specified design that use active/intrusive injection (e.g., filtering performance could result in an limits for allowable regeneration in-cylinder post fuel injection, in- engine’s PM emissions exceeding the frequency. exhaust air-assisted fuel injection) to applicable emissions thresholds, the (C) DPF incomplete regeneration. The OBD system must detect a malfunction achieve desorption of the NOX adsorber, OBD system must detect a regeneration the OBD system must detect a when no detectable amount of PM malfunction when the DPF does not malfunction if any failure or filtering occurs. As an alternative to a properly regenerate under deterioration of the injection system’s threshold monitor, the OBD system, on manufacturer-defined conditions where ability to properly regulate injection model year 2010 through 2012 engines regeneration is designed to occur. causes the system to be unable to only, can be designed to detect a (D) DPF missing substrate. The OBD achieve desorption of the NO adsorber. malfunction based on a detectable X system must detect a malfunction if (C) NO adsorber system feedback decrease in the expected pressure drop X either the DPF substrate is completely control. Malfunction criteria for the across the DPF for a period of 5 seconds destroyed, removed, or missing, or if the NO adsorber and the NO adsorber or more. The monitoring area for this X X DPF assembly has been replaced with a active/instrusive reductant delivery alternative is determined using engine muffler or straight pipe. system are contained in paragraph (i)(6) speed and load points defined in test of this section. cycles and procedures for the (E) DPF system active/intrusive (iii) NOX adsorber system monitoring supplemental emissions test (SET) injection. For DPF systems that use conditions. under § 86.1360–2007. The monitoring active/intrusive injection (e.g., in- (A) The manufacturer must define the area shall include all engine speed and cylinder post fuel injection, in-exhaust monitoring conditions for malfunctions load points greater than a region air-assisted fuel injection) to achieve identified in paragraph (g)(7)(ii)(A) of bounded by a line connecting mode regeneration of the DPF, the OBD this section in accordance with numbers 2, 6, 3, and 13 (i.e. A100, A75, system must detect a malfunction if any paragraphs (c) and (d) of this section. B50, and C50). At engine speeds greater failure or deterioration of the injection For purposes of tracking and reporting than ‘‘speed C’’, the monitor shall run system’s ability to properly regulate as required in paragraph (d)(1) of this whenever engine load is greater than injection causes the system to be unable section, all monitors used to detect 50%. For purposes of this paragraph, to achieve regeneration of the DPF.

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(F) DPF regeneration feedback current, response rate, amplitude, offset, or other characteristic(s) that would control. See paragraph (i)(6) of this or other characteristic(s) that would cause an engine’s emissions to exceed section. cause an engine’s emissions to exceed the emissions thresholds for NOX (iii) DPF monitoring conditions. The the emissions thresholds for ‘‘other sensors as shown in Table 1 of this manufacturer must define the monitors’’ as shown in Table 1 of this paragraph (g). monitoring conditions for malfunctions paragraph (g). (B) Circuit integrity. The OBD system identified in paragraph (g)(8)(ii) of this (B) Circuit integrity. The OBD system must detect malfunctions of the sensor section in accordance with paragraphs must detect malfunctions of the sensor related to a lack of circuit continuity or (c) and (d) of this section, with the related to a lack of circuit continuity or signal out-of-range values. exception that monitoring must occur signal out-of-range values. (C) Feedback function. The OBD every time the monitoring conditions (C) Feedback function. The OBD system must detect a malfunction of the are met during the drive cycle rather system must detect a malfunction of the sensor if the emission control system than once per drive cycle as required in sensor if the emission control system (e.g., EGR, SCR, or NOX adsorber) is paragraph (c)(2) of this section. For OBD (e.g., EGR, SCR, or NOX adsorber) is unable to use that sensor as a feedback systems designed to the alternative unable to use that sensor as a feedback input (e.g., causes limp-home or open- malfunction criteria of paragraph input (e.g., causes limp-home or open- loop operation). (g)(8)(ii)(A) of this section, the loop operation). (D) Monitoring function. To the extent alternative DPF monitor shall run (D) Monitoring function. To the extent feasible, the OBD system must detect a continuously whenever engine speed feasible, the OBD system must detect a malfunction of the sensor when the and load conditions are within the malfunction of the sensor when the sensor output voltage, resistance, monitoring area described in paragraph sensor output voltage, resistance, impedance, current, amplitude, activity, (g)(8)(ii)(A). The OBD system may make impedance, current, amplitude, activity, offset, or other characteristics are no a malfunction or potential malfunction offset, or other characteristics are no longer sufficient for use as an OBD determination during any successful longer sufficient for use as an OBD system monitoring device (e.g., for monitoring event but shall include in system monitoring device (e.g., for catalyst, EGR, SCR, or NOX adsorber the enable criteria of any subsequent catalyst, EGR, SCR, or NOX adsorber monitoring). monitoring events a confirmed monitoring). (v) Malfunction criteria for other successful and complete DPF (iii) Malfunction criteria for air-fuel exhaust gas sensors. For other exhaust regeneration. The subsequent ratio sensors located downstream of gas sensors, the manufacturer must monitoring events must be conducted aftertreatment devices. submit a monitoring plan to the within an operating period that ensures (A) Sensor performance. The OBD Administrator for approval. The plan that the detected malfunction has not system must detect a malfunction prior must include data and/or engineering ‘‘healed’’ due to trapped particulates in to any failure or deterioration of the evaluations that demonstrate that the the compromised portion of the DPF sensor voltage, resistance, impedance, monitoring plan is as reliable and substrate. For purposes of tracking and current, response rate, amplitude, offset, effective as the monitoring required in reporting as required in paragraph (d)(1) or other characteristic(s) that would paragraphs (g)(9)(ii), (g)(9)(iii), (g)(9)(iv) of this section, all monitors used to cause an engine’s emissions to exceed of this section. detect malfunctions identified in the emissions thresholds for air-fuel (vi) Malfunction criteria for exhaust paragraph (g)(8)(ii) of this section must ratio sensors downstream of gas sensor heaters. be tracked separately but reported as a aftertreatment devices as shown in (A) The OBD system must detect a single set of values as specified in Table 1 of this paragraph (g). malfunction of the heater performance paragraph (e)(1)(iii) of this section. (B) Circuit integrity. The OBD system when the current or voltage drop in the (iv)DPF system MIL activation and must detect malfunctions of the sensor heater circuit is no longer within the DTC storage. The MIL must activate and related to a lack of circuit continuity or manufacturer’s specified limits for DTCs must be stored according to the signal out-of-range values. normal operation (i.e., within the provisions of paragraph (b) of this (C) Feedback function. The OBD criteria required to be met by the section. system must detect a malfunction of the component vendor for heater circuit (9) Exhaust gas sensor and sensor sensor if the emission control system performance at high mileage). The heater monitoring. (e.g., EGR, SCR, or NOX absorber) is manufacturer may use other (i) General. The OBD system must unable to use that sensor as a feedback malfunction criteria for heater monitor for proper output signal, input (e.g., causes limp-home or open- performance malfunctions. To do so, the activity, response rate, and any other loop operation). manufacturer must be able to parameter that can affect emissions, all (D) Monitoring function. To the extent demonstrate via data and/or an exhaust gas sensors (e.g., oxygen, air- feasible, the OBD system must detect a engineering evaluation that the monitor fuel ratio, NOX) used for emission malfunction of the sensor when the is reliable and robust. control system feedback (e.g., EGR sensor output voltage, resistance, (B) The OBD system must detect control/feedback, SCR control/feedback, impedance, current, amplitude, activity, malfunctions of the heater circuit NOX adsorber control/feedback) and/or offset, or other characteristics are no including open or short circuits that as a monitoring device. For engines longer sufficient for use as an OBD conflict with the commanded state of equipped with heated exhaust gas system monitoring device (e.g., for the heater (e.g., shorted to 12 Volts sensors, the OBD system must monitor catalyst, EGR, SCR, or NOX absorber when commanded to 0 Volts (ground)). the heater for proper performance. monitoring). (vii) Monitoring conditions for (ii) Malfunction criteria for air-fuel (iv) Malfunction criteria for NOX exhaust gas sensors. ratio sensors located upstream of sensors. (A) The manufacturer must define the aftertreatment devices. (A) Sensor performance. The OBD monitoring conditions for malfunctions (A)Sensor performance. The OBD system must detect a malfunction prior identified in paragraphs (g)(9)(ii)(A), system must detect a malfunction prior to any failure or deterioration of the (g)(9)(iii)(A), and (g)(9)(iv)(A) of this to any failure or deterioration of the sensor voltage, resistance, impedance, section (i.e., sensor performance) in sensor voltage, resistance, impedance, current, response rate, amplitude, offset, accordance with paragraphs (c) and (d)

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of this section. For purposes of tracking (viii) Monitoring conditions for emissions to exceed the emission and reporting as required in paragraph exhaust gas sensor heaters. thresholds for ‘‘other monitors’’ as (d)(1) of this section, all monitors used (A) The manufacturer must define shown in Table 1 of this paragraph (g). to detect malfunctions identified in monitoring conditions for malfunctions (C) For engines in which no failure or paragraphs (g)(9)(ii)(A), (g)(9)(iii)(A), identified in paragraph (g)(9)(vi)(A) of deterioration of the VVT system could and (g)(9)(iv)(A) of this section must be this section (i.e., sensor heater result in an engine’s emissions tracked separately but reported as a performance) in accordance with exceeding the applicable emissions single set of values as specified in paragraphs (c) and (d) of this section. thresholds of paragraphs (g)(10)(ii)(A) (B) The OBD system must monitor paragraph (e)(1)(iii) of this section. and (g)(10)(ii)(B) of this section, the continuously for malfunctions OBD system must detect a malfunction (B) The manufacturer must define the identified in paragraph (g)(9)(vi)(B) of of the VVT system when proper monitoring conditions for malfunctions this section (i.e., circuit malfunctions). identified in paragraphs (g)(9)(ii)(D), (ix) Exhaust gas sensor and sensor functional response of the system to (g)(9)(iii)(D), and (g)(9)(iv)(D) of this heater MIL activation and DTC storage. computer commands does not occur. section (i.e., monitoring function) in The MIL must activate and DTCs must (iii) VVT system monitoring accordance with paragraphs (c) and (d) be stored according to the provisions of conditions. Manufacturers must define of this section with the exception that paragraph (b) of this section. the monitoring conditions for VVT monitoring must occur every time the (10) Variable Valve Timing (VVT) system malfunctions identified in monitoring conditions are met during system monitoring. paragraph (g)(10)(ii) of this section in the drive cycle rather than once per (i) General. The OBD system must accordance with paragraphs (c) and (d) drive cycle as required in paragraph monitor the VVT system on engines so of this section, with the exception that (c)(2) of this section. equipped for target error and slow monitoring must occur every time the (C) Except as provided for in response malfunctions. The individual monitoring conditions are met during paragraph (g)(9)(vii)(D) of this section, electronic components (e.g., actuators, the drive cycle rather than once per the OBD system must monitor valves, sensors) that are used in the VVT drive cycle as required in paragraph continuously for malfunctions system must be monitored in (c)(2) of this section. For purposes of identified in paragraphs (g)(9)(ii)(B), accordance with the comprehensive tracking and reporting as required in (g)(9)(ii)(C), (g)(9)(iii)(B), (g)(9)(iii)(C), components requirements in paragraph paragraph (d)(1) of this section, all (g)(9)(iv)(B), (g)(9)(iv)(C) of this section (i)(3) of this section. monitors used to detect malfunctions (ii) VVT system malfunction criteria. identified in paragraph (g)(10)(ii) of this (i.e., circuit integrity and feedback (A) VVT system target error. The OBD function). section must be tracked separately but system must detect a malfunction prior reported as a single set of values as (D) A manufacturer may request to any failure or deterioration in the specified in paragraph (e)(1)(iii) of this approval to disable continuous exhaust capability of the VVT system to achieve section. gas sensor monitoring when an exhaust the commanded valve timing and/or gas sensor malfunction cannot be control within a crank angle and/or lift (iv) VVT MIL activation and DTC distinguished from other effects (e.g., tolerance that would cause an engine’s storage. The MIL must activate and disable monitoring for out-of-range on emissions to exceed the emission DTCs must be stored according to the the low side during fuel cut conditions). thresholds for ‘‘other monitors’’ as provisions of paragraph (b) of this To do so, the manufacturer must shown in Table 1 of this paragraph (g). section. demonstrate via data and/or engineering (B) VVT slow response. The OBD (h) OBD monitoring requirements for analyses that a properly functioning system must detect a malfunction prior gasoline-fueled/spark-ignition engines. sensor cannot be distinguished from a to any failure or deterioration in the The following table shows the malfunctioning sensor and that the capability of the VVT system to achieve thresholds at which point certain disablement interval is limited only to the commanded valve timing and/or components or systems, as specified in that necessary for avoiding false control within a manufacturer-specified this paragraph (h), are considered malfunction detection. time that would cause an engine’s malfunctioning.

TABLE 2—OBD EMISSIONS THRESHOLDS FOR GASOLINE-FUELED/SPARK-IGNITION ENGINES MEANT FOR PLACEMENT IN APPLICATIONS GREATER THAN 14,000 POUNDS GVWR (G/BHP-HR)

Component NOX NMHC CO §86.010–18 reference

Catalyst system ...... 1.75x std ...... 1.75x std ...... (h)(6) Evaporative emissions control sys- ...... 0.150 inch leak ...... (h)(7) tem. ‘‘Other monitors’’ with emissions 1.5x std ...... 1.5x std ...... 1.5x std ...... (h)(1), (h)(2), (h)(3), thresholds. (h)(4), (h)(5), (h)(8), (h)(9) Notes: 1.75x std means a multiple of 1.75 times the applicable emissions standard; these emissions thresholds apply to the monitoring require- ments of paragraph (h) of this section; The evaporative emissions control system threshold is not, technically, an emissions threshold but rather a leak size that must be detected; nonetheless, for ease we refer to this as the threshold.

(1) Fuel system monitoring. (A) The OBD system must detect a emissions thresholds for ‘‘other (i) General. The OBD system must malfunction of the fuel delivery system monitors’’ as shown in Table 2 of this monitor the fuel delivery system to (including feedback control based on a paragraph (h). determine its ability to provide secondary oxygen sensor) when the fuel (B) Except as provided for in compliance with emission standards. delivery system is unable to maintain an paragraph (h)(1)(ii)(C) of this section, if (ii) Fuel system malfunction criteria. engine’s emissions at or below the the engine is equipped with adaptive

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feedback control, the OBD system must timeliness and reliability in detecting individually have more than 10 percent detect a malfunction when the adaptive similar engine operation. of the total number of detected misfires, feedback control has used up all of the (C) The pending DTC may be erased a multiple cylinder DTC must be stored. adjustment allowed by the at the end of the next drive cycle in (ii) Engine misfire malfunction manufacturer. which similar conditions have been criteria. (C) If the engine is equipped with encountered without having again (A) Misfire causing catalyst damage. feedback control that is based on a exceeded the specified fuel system The manufacturer must determine the secondary oxygen (or equivalent) malfunction criteria. The pending DTC percentage of misfire evaluated in 200 sensor, the OBD system is not required may also be erased if similar conditions revolution increments for each engine to detect a malfunction of the fuel are not encountered during the 80 drive speed and load condition that would system solely when the feedback control cycles immediately following detection result in a temperature that causes based on a secondary oxygen sensor has of the potential malfunction for which catalyst damage. If this percentage of used up all of the adjustment allowed the pending DTC was stored. misfire is exceeded, it shall be by the manufacturer. However, if a (D) Storage of freeze frame conditions. considered a malfunction that must be failure or deterioration results in engine The OBD system must store and erase detected. For every engine speed and emissions that exceed the emissions freeze frame conditions either in load condition for which this percentage thresholds for ‘‘other monitors’’ as conjunction with storing and erasing a of misfire is determined to be lower shown in Table 2 of this paragraph (h), pending DTC or in conjunction with than five percent, the manufacturer may the OBD system is required to detect a storing and erasing a MIL-on DTC. set the malfunction criteria at five malfunction. Freeze frame information associated percent. The manufacturer may use a (D) The OBD system must detect a with a fuel system malfunction shall be longer interval than 200 revolutions but malfunction whenever the fuel control stored in preference to freeze frame only for determining, on a given drive system fails to enter closed loop information required elsewhere in cycle, the first misfire exceedance as operation following engine start within paragraphs (h) or (i) of this section. provided in paragraph (h)(2)(iv)(A) of a manufacturer specified time interval. (E) Storage of fuel system conditions this section. To do so, the manufacturer must demonstrate that the interval is not The specified time interval must be for determining similar conditions of so long that catalyst damage would supported by data and/or engineering operation. The OBD must store the occur prior to the interval being elapsed. analyses submitted by the manufacturer. engine speed, load, and warm-up status present at the time it first detects a (B) Misfire causing emissions to (E) The manufacturer may adjust the exceed the applicable thresholds. The malfunction criteria and/or monitoring potential malfunction meeting the criteria of paragraph (h)(1)(ii) of this manufacturer must determine the conditions to compensate for changes in percentage of misfire evaluated in 1000 altitude, for temporary introduction of section and stores a pending DTC. (F) Deactivating the MIL. The MIL revolution increments that would cause large amounts of purge vapor, or for may be extinguished after three emissions from an emissions durability other similar identifiable operating sequential driving cycles in which demonstration engine to exceed the conditions when such conditions occur. similar conditions have been emissions thresholds for ‘‘other (iii) Fuel system monitoring encountered without detecting a monitors’’ as shown in Table 2 of this conditions. The fuel system must be malfunction of the fuel system. paragraph (h) if that percentage of monitored continuously for the (2) Engine misfire monitoring. misfire were present from the beginning presence of a malfunction. (i) General. of the test. If this percentage of misfire (iv) Fuel system MIL activation and (A) The OBD system must monitor the is exceeded, regardless of the pattern of DTC storage. engine for misfire causing catalyst misfire events (e.g., random, equally (A) A pending DTC must be stored damage and misfire causing excess spaced, continuous), it shall be immediately upon the fuel system emissions. considered a malfunction that must be exceeding the malfunction criteria (B) The OBD system must identify the detected. To establish this percentage of established in paragraph (h)(1)(ii) of this specific cylinder that is misfiring. The misfire, the manufacturer must use section. manufacturer may store a general misfire events occurring at equally (B) Except as provided for in misfire DTC instead of a cylinder spaced, complete engine cycle intervals, paragraph (h)(1)(iv)(C) of this section, if specific DTC under certain operating across randomly selected cylinders a pending DTC is stored, the OBD conditions. To do so, the manufacturer throughout each 1000-revolution system must activate the MIL must submit data and/or engineering increment. If this percentage of misfire immediately and store a MIL-on DTC if analyses that demonstrate that the is determined to be lower than one a malfunction is again detected during misfiring cylinder cannot be identified percent, the manufacturer may set the either the drive cycle immediately reliably when the conditions occur. malfunction criteria at one percent. The following storage of the pending DTC (C) If more than one cylinder is manufacturer may use a longer interval regardless of the conditions encountered misfiring, a separate DTC must be stored than 1000 revolutions. To do so, the during that drive cycle, or on the next to indicate that multiple cylinders are manufacturer must demonstrate that the drive cycle in which similar conditions misfiring unless otherwise allowed by strategy would be equally effective and are encountered to those that occurred this paragraph (h)(2). When identifying timely at detecting misfire. when the pending DTC was stored. multiple cylinder misfire, the OBD (iii) Engine misfire monitoring Similar conditions means engine system is not required to also identify conditions. conditions having an engine speed using separate DTCs each of the (A) The OBD system must monitor within 375 rpm, load conditions within misfiring cylinders individually. If more continuously for misfire under the 20 percent, and the same warm-up than 90 percent of the detected misfires following conditions: from no later than status (i.e., cold or hot) as the engine occur in a single cylinder, an the end of the second crankshaft conditions stored pursuant to paragraph appropriate DTC may be stored that revolution after engine start; during the (h)(1)(iv)(E) of this section. Other indicates the specific misfiring cylinder rise time and settling time for engine definitions of similar conditions may be rather than storing the multiple cylinder speed to reach the desired idle engine used but must result in comparable misfire DTC. If two or more cylinders speed at engine start-up (i.e., ‘‘flare-up’’

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and ‘‘flare-down’’); and, under all effects. To do so, the manufacturer must data and/or an engineering evaluation positive torque engine speeds and load demonstrate that the disablement submitted by the manufacturer that conditions except within the engine interval or the period of use of an demonstrate that misfire detection operating region bound by the positive alternative malfunction criterion is throughout the required operating torque line (i.e., engine load with the limited only to that necessary for region cannot be achieved when transmission in neutral), and the points avoiding false detection and for one or employing proven monitoring represented by an engine speed of 3000 more of the following operating technology (i.e., a technology that rpm with the engine load at the positive conditions: Rough road; fuel cut; gear provides for compliance with these torque line and the redline engine speed changes for manual transmission requirements on other engines) and with the engine’s manifold vacuum at vehicles; traction control or other provided misfire is detected to the four inches of mercury lower than that vehicle stability control activation such fullest extent permitted by the at the positive torque line. For this as anti-lock braking or other engine technology. However, the misfire purpose, redline engine speed is defined torque modifications to enhance vehicle detection system must still monitor as either the recommended maximum stability; off-board control or intrusive during all positive torque operating engine speed as displayed on the activation of vehicle components or conditions encountered during an FTP instrument panel tachometer, or the monitors during service or assembly cycle. engine speed at which fuel shutoff plant testing; portions of intrusive (iv) MIL activation and DTC storage occurs. evaporative system or EGR monitors for engine misfire causing catalyst (B) If an OBD monitor cannot detect that can significantly affect engine damage. all misfire patterns under all required stability (i.e., while the purge valve is (A) Pending DTCs. A pending DTC engine speed and load conditions as open during the vacuum pull-down of must be stored immediately if, during a required by paragraph (h)(2)(iii)(A) of an evaporative system leak check but single drive cycle, the specified misfire this section, the OBD system may still not while the purge valve is closed and percentage described in paragraph be acceptable. The Administrator will the evaporative system is sealed or (h)(2)(ii)(A) of this section is exceeded evaluate the following factors in making while an EGR monitor causes the EGR three times when operating in the a determination: The magnitude of the valve to be cycled intrusively on and off positive torque region encountered region(s) in which misfire detection is during positive torque conditions); or, during a FTP cycle or is exceeded on a limited; the degree to which misfire engine speed, load, or torque transients single occasion when operating at any detection is limited in the region(s) (i.e., due to throttle movements more rapid other engine speed and load condition the probability of detection of misfire than those that occur over the FTP cycle in the positive torque region defined in events); the frequency with which said for the worst case engine within each paragraph (h)(2)(iii)(A) of this section. Immediately after a pending DTC is region(s) are expected to be encountered engine family. In general, the stored pursuant to this paragraph, the in-use; the type of misfire patterns for Administrator will not approve MIL must blink once per second at all which misfire detection is troublesome; disablement for conditions involving times during the drive cycle that engine and demonstration that the monitoring normal air conditioning compressor misfire is occurring. The MIL may be technology employed is not inherently cycling from on-to-off or off-to-on, deactivated during those times that incapable of detecting misfire under the automatic transmission gear shifts misfire is not occurring. If, at the time required conditions (i.e., compliance (except for shifts occurring during wide that a catalyst damaging misfire can be achieved on other engines). The open throttle operation), transitions evaluation will be based on the malfunction occurs, the MIL is already from idle to off-idle, normal engine following misfire patterns: equally activated for a malfunction other than speed or load changes that occur during spaced misfire occurring on randomly misfire, the MIL must still blink once the engine speed rise time and settling selected cylinders; single cylinder per second at all times during the drive time (i.e., ‘‘flare-up’’ and ‘‘flare-down’’) continuous misfire; and paired cylinder cycle that engine misfire is occurring. If immediately after engine starting (cylinders firing at the same crank misfire ceases, the MIL must stop without any vehicle operator-induced angle) continuous misfire. blinking but remain activated as (C) The manufacturer may use actions (e.g., throttle stabs), or excess appropriate in accordance with the monitoring system that has reduced acceleration (except for acceleration other malfunction. misfire detection capability during the rates that exceed the maximum (B) MIL-on DTCs. If a pending DTC is portion of the first 1000 revolutions acceleration rate obtainable at wide stored in accordance with paragraph after engine start that a cold start open throttle while the vehicle is in gear (h)(2)(iv)(A) of this section, the OBD emission reduction strategy is active due to abnormal conditions such as system must immediately store a MIL- that reduces engine torque (e.g., spark slipping of a clutch). The Administrator on DTC if the percentage of misfire retard strategies). To do so, the may approve misfire monitoring described in paragraph (h)(2)(ii)(A) of manufacturer must demonstrate that the disablement or use of an alternate this section is again exceeded one or probability of detection is greater than malfunction criterion for any other more times during either the drive cycle or equal to 75 percent during the worst condition on a case by case basis upon immediately following storage of the case condition (i.e., lowest generated determining that the manufacturer has pending DTC, regardless of the torque) for a vehicle operated demonstrated that the request is based conditions encountered during that continuously at idle (park/neutral idle) on an unusual or unforeseen drive cycle, or on the next drive cycle on a cold start between 50 and 86 circumstance and that it is applying the in which similar conditions are degrees Fahrenheit and that the best available computer and monitoring encountered to those that occurred technology cannot reliably detect a technology. when the pending DTC was stored. If, higher percentage of the misfire events (E) For engines with more than eight during a previous drive cycle, a pending during the conditions. cylinders that cannot meet the DTC is stored in accordance with (D) The manufacturer may disable requirements of paragraph (h)(2)(iii)(A) paragraph (h)(2)(iv)(A) of this section, a misfire monitoring or use an alternative of this section, a manufacturer may use MIL-on DTC must be stored malfunction criterion when misfire alternative misfire monitoring immediately upon exceeding the cannot be distinguished from other conditions. Such use must be based on percentage misfire described in

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paragraph (h)(2)(ii)(A) of this section engine start of the misfire percentage (h)(2)(v) of this section, there already regardless of the conditions described in paragraph (h)(2)(ii)(B) of exist stored freeze frame conditions for encountered. Upon storage of a MIL-on this section, a pending DTC must be a malfunction other than a misfire or DTC, the MIL must blink once per stored. If such a pending DTC is stored fuel system malfunction (see paragraph second at all times during the drive already and another such exceedance of (h)(1) of this section) then the stored cycle that engine misfire is occurring. If the misfire percentage is detected freeze frame information shall be misfire ceases, the MIL must stop within the first 1000 revolutions after replaced with freeze frame information blinking but remain activated until the engine start on any subsequent drive associated with the misfire malfunction. conditions are met for extinguishing the cycle, the MIL must activate and a MIL- (vii) Storage of engine conditions in MIL. on DTC must be stored. The pending association with engine misfire. Upon (C) Erasure of pending DTCs. Pending DTC may be erased if, at the end of the detection of the misfire percentages DTCs stored in accordance with next drive cycle in which similar described in paragraphs (h)(2)(ii)(A) and paragraph (h)(2)(iv)(A) of this section conditions are encountered to those that (h)(2)(ii)(B) of this section, the following must be erased at the end of the next occurred when the pending DTC was engine conditions must be stored for use drive cycle in which similar conditions stored, there has been no exceedance of in determining similar conditions: are encountered to those that occurred the misfire percentage described in Engine speed, load, and warm up status when the pending DTC was stored paragraph (h)(2)(ii)(B) of this section. of the first misfire event that resulted in provided no exceedances have been The pending DTC may also be erased if pending DTC storage. detected of the misfire percentage similar conditions are not encountered (viii) MIL deactivation in association described in paragraph (h)(2)(ii)(A) of during the next 80 drive cycles with engine misfire. The MIL may be this section. The pending DTC may also immediately following storage of the deactivated after three sequential drive be erased if similar conditions are not pending DTC. cycles in which similar conditions have encountered during the next 80 drive (B) No later than the fourth detection been encountered without an cycles immediately following storage of during a single drive cycle, following exceedance of the misfire percentages the pending DTC. the first 1000 revolutions after engine described in paragraphs (h)(2)(ii)(A) and (D) Exemptions for engines with fuel start of the misfire percentage described (h)(2)(ii)(B) of this section. shutoff and default fuel control. In in paragraph (h)(2)(ii)(B) of this section, (3) Exhaust gas recirculation system engines that provide for fuel shutoff and a pending DTC must be stored. If such monitoring. default fuel control to prevent over a pending DTC is stored already, then (i) General. The OBD system must fueling during catalyst damaging misfire the MIL must activate and a MIL-on monitor the EGR system on engines so conditions, the MIL need not blink as DTC must be stored within 10 seconds equipped for low and high flow rate required by paragraphs (h)(2)(iv)(A) and of the fourth detection of the misfire malfunctions. The individual electronic (h)(2)(iv)(B) of this section. Instead, the percentage described in paragraph components (e.g., actuators, valves, MIL may be activated continuously (h)(2)(ii)(B) of this section during either sensors) that are used in the EGR system upon misfire detection provided that the the drive cycle immediately following must be monitored in accordance with fuel shutoff and default fuel control are storage of the pending DTC, regardless the comprehensive component activated immediately upon misfire of the conditions encountered during detection. Fuel shutoff and default fuel that drive cycle excepting those requirements in paragraph (i)(3) of this control may be deactivated only when conditions within the first 1000 section. the engine is outside of the misfire range revolutions after engine start, or on the (ii) EGR system malfunction criteria. except that the manufacturer may next drive cycle in which similar (A) The OBD system must detect a periodically, but not more than once conditions are encountered to those that malfunction of the EGR system prior to every 30 seconds, deactivate fuel shutoff occurred when the pending DTC was a decrease from the manufacturer’s and default fuel control to determine if stored excepting those conditions specified EGR flow rate that would the catalyst damaging misfire is still within the first 1000 revolutions after cause an engine’s emissions to exceed occurring. Normal fueling and fuel engine start. The pending DTC may be the emissions thresholds for ‘‘other control may be resumed if the catalyst erased if, at the end of the next drive monitors’’ as shown in Table 2 of this damaging misfire is no longer occurring. cycle in which similar conditions are paragraph (h). For engines in which no (E) The manufacturer may use a encountered to those that occurred failure or deterioration of the EGR strategy that activates the MIL when the pending DTC was stored, system that causes a decrease in flow continuously rather than blinking the there has been no exceedance of the could result in an engine’s emissions MIL during extreme catalyst damage misfire percentage described in exceeding the applicable emissions misfire conditions (i.e., catalyst damage paragraph (h)(2)(ii)(B) of this section. thresholds, the OBD system must detect misfire occurring at all engine speeds The pending DTC may also be erased if a malfunction when the system has no and loads). Use of such a strategy must similar conditions are not encountered detectable amount of EGR flow. be limited to catalyst damage misfire during the next 80 drive cycles (B) The OBD system must detect a levels that cannot be avoided during immediately following storage of the malfunction of the EGR system prior to reasonable driving conditions. To use pending DTC. an increase from the manufacturer’s such a strategy, the manufacturer must (vi) Storage of freeze frame conditions specified EGR flow rate that would be able to demonstrate that the strategy for engine misfire. cause an engine’s emissions to exceed will encourage operation of the vehicle (A) The OBD system must store and the emissions thresholds for ‘‘other in conditions that will minimize erase freeze frame conditions (as monitors’’ as shown in Table 2 of this catalyst damage (e.g., at low engine defined in paragraph (k)(4)(iii) of this paragraph (h). For engines in which no speeds and loads). section) either in conjunction with failure or deterioration of the EGR (v) MIL activation and DTC storage for storing and erasing a pending DTC or in system that causes an increase in flow engine misfire causing emissions to conjunction with storing and erasing a could result in an engine’s emissions exceed applicable emissions thresholds. MIL-on DTC. exceeding the applicable emissions (A) Immediately upon detection, (B) If, upon storage of a DTC as thresholds, the OBD system must detect during the first 1000 revolutions after required by paragraphs (h)(2)(iv) and a malfunction when the system has

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reached its control limits such that it (iii) Cold start strategy monitoring ‘‘other monitors’’ as shown in Table 2 of cannot reduce EGR flow. conditions. The manufacturer must this paragraph (h). (iii) EGR system monitoring define monitoring conditions for (C) For engines in which no conditions. malfunctions identified in paragraph deterioration or failure of the secondary (A) The manufacturer must define the (h)(4)(ii) of this section in accordance air system would result in an engine’s monitoring conditions for malfunctions with paragraphs (c) and (d) of this emissions exceeding the applicable identified in paragraph (h)(3)(ii) of this section. emissions thresholds, the OBD system section in accordance with paragraphs (iv) Cold start strategy MIL activation must detect a malfunction when no (c) and (d) of this section. For purposes and DTC storage. The MIL must activate detectable amount of air flow is of tracking and reporting as required by and DTCs must be stored according to delivered by the secondary air system paragraph (d)(1) of this section, all the provisions of paragraph (b) of this during normal operation. monitors used to detect malfunctions section. (iii) Secondary air system monitoring identified in paragraph (h)(3)(ii) of this (5) Secondary air system monitoring. conditions. The manufacturer must section must be tracked separately but (i) General. The OBD system on define monitoring conditions for reported as a single set of values as engines equipped with any form of malfunctions identified in paragraph specified in paragraph (e)(1)(iii) of this secondary air delivery system must (h)(5)(ii) of this section in accordance section. monitor the proper functioning of the with paragraphs (c) and (d) of this (B) The manufacturer may disable secondary air delivery system including section. For purposes of tracking and temporarily the EGR monitor under all air switching valve(s). The reporting as required by paragraph (d)(1) conditions when monitoring may not be individual electronic components (e.g., of this section, all monitors used to reliable (e.g., when freezing may affect actuators, valves, sensors) that are used detect malfunctions identified in performance of the system). To do so, in the secondary air system must be paragraph (h)(5)(ii) of this section must the manufacturer must be able to monitored in accordance with the be tracked separately but reported as a demonstrate that the monitor is comprehensive component single set of values as specified in unreliable when such conditions exist. requirements in paragraph (i)(3) of this paragraph (e)(1)(iii) of this section. (iv) EGR system MIL activation and section. For purposes of this paragraph (iv) Secondary air system MIL DTC storage. The MIL must activate and (h)(5), ‘‘air flow’’ is defined as the air activation and DTC storage. The MIL DTCs must be stored according to the flow delivered by the secondary air must activate and DTCs must be stored provisions of paragraph (b) of this system to the exhaust system. For according to the provisions of paragraph section. (b) of this section. (4) Cold start emission reduction engines using secondary air systems with multiple air flow paths/ (6) Catalyst system monitoring. strategy monitoring. (i) General. The OBD system must distribution points, the air flow to each (i) General. If an engine incorporates monitor the catalyst system for proper bank (i.e., a group of cylinders that a specific engine control strategy to conversion capability. reduce cold start emissions, the OBD share a common exhaust manifold, (ii) Catalyst system malfunction system must monitor the key catalyst, and control sensor) must be criteria. The OBD system must detect a components (e.g., idle air control valve), monitored in accordance with the catalyst system malfunction when the other than secondary air, while the malfunction criteria in paragraph catalyst system’s conversion capability control strategy is active to ensure (h)(5)(ii) of this section. Also for decreases to the point that emissions proper operation of the control strategy. purposes of this paragraph (h)(5), exceed the emissions thresholds for the (ii) Cold start strategy malfunction ‘‘normal operation’’ is defined as the catalyst system as shown in Table 2 of criteria. condition when the secondary air this paragraph (h). (A) The OBD system must detect a system is activated during catalyst and/ (iii) Catalyst system monitoring malfunction prior to any failure or or engine warm-up following engine conditions. The manufacturer must deterioration of the individual start. ‘‘Normal operation’’ does not define monitoring conditions for components associated with the cold include the condition when the malfunctions identified in paragraph start emission reduction control strategy secondary air system is turned on (h)(6)(ii) of this section in accordance that would cause an engine’s emissions intrusively for the sole purpose of with paragraphs (c) and (d) of this to exceed the emissions thresholds for monitoring. section. For purposes of tracking and ‘‘other monitors’’ as shown in Table 2 of (ii) Secondary air system malfunction reporting as required by paragraph (d)(1) this paragraph (h). The manufacturer criteria. of this section, all monitors used to must establish the malfunction criteria (A) Except as provided in paragraph detect malfunctions identified in based on data from one or more (h)(5)(ii)(C) of this section, the OBD paragraph (h)(6)(ii) of this section must representative engine(s) and provide an system must detect a secondary air be tracked separately but reported as a engineering evaluation for establishing system malfunction prior to a decrease single set of values as specified in the malfunction criteria for the from the manufacturer’s specified air paragraph (e)(1)(iii) of this section. remainder of the manufacturer’s product flow during normal operation that (iv) Catalyst system MIL activation line. would cause an engine’s emissions to and DTC storage. (B) Where no failure or deterioration exceed the emissions thresholds for (A) The MIL must activate and DTCs of a component used for the cold start ‘‘other monitors’’ as shown in Table 2 of must be stored according to the emission reduction strategy could result this paragraph (h). provisions of paragraph (b) of this in an engine’s emissions exceeding the (B) Except as provided in paragraph section. applicable emissions thresholds, the (h)(5)(ii)(C) of this section, the OBD (B) The monitoring method for the individual component must be system must detect a secondary air catalyst system must be capable of monitored for proper functional system malfunction prior to an increase detecting when a catalyst DTC has been response while the control strategy is from the manufacturer’s specified air erased (except OBD system self erasure), active in accordance with the flow during normal operation that but the catalyst has not been replaced malfunction criteria in paragraphs would cause an engine’s emissions to (e.g., catalyst overtemperature histogram (i)(3)(ii) and (i)(3)(iii) of this section. exceed the emissions thresholds for approaches are not acceptable).

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(7) Evaporative system monitoring. (D) The manufacturer may request (C) For engines equipped with heated (i) General. The OBD system must Administrator approval to run the exhaust gas sensor, the OBD system verify purge flow from the evaporative evaporative system monitor during only must monitor the heater for proper system and monitor the complete those drive cycles characterized as cold performance. evaporative system, excluding the starts provided such a condition is (ii) Primary exhaust gas sensor tubing and connections between the needed to ensure reliable monitoring. In malfunction criteria. purge valve and the intake manifold, for making the request, the manufacturer (A) The OBD system must detect a vapor leaks to the atmosphere. must demonstrate through data and/or malfunction prior to any failure or Individual components of the engineering analyses that a reliable deterioration of the exhaust gas sensor evaporative system (e.g. valves, sensors) monitor can only be run on drive cycles output voltage, resistance, impedance, must be monitored in accordance with that begin with a specific set of cold current, response rate, amplitude, offset, the comprehensive components start criteria. A set of cold start criteria or other characteristic(s) (including drift requirements in paragraph (i)(3) of this based solely on ambient temperature or bias corrected for by secondary section. exceeding engine coolant temperature sensors) that would cause an engine’s (ii) Evaporative system malfunction will not be acceptable. emissions to exceed the emissions criteria. (E) The OBD system may disable thresholds for ‘‘other monitors’’ as (A) Purge monitor. The OBD system temporarily the evaporative purge shown in Table 2 of this paragraph (h). must detect an evaporative system system to run an evaporative system (B) The OBD system must detect malfunction when no purge flow from leak monitor. malfunctions of the exhaust gas sensor the evaporative system to the engine can (iv) Evaporative system MIL activation caused by either a lack of circuit be detected by the OBD system. and DTC storage. continuity or out-of-range values. (A) Except as provided for in (B) Leak monitor. The OBD system (C) The OBD system must detect a paragraph (h)(7)(iv)(B) of this section, must detect an evaporative system malfunction of the exhaust gas sensor the MIL must activate and DTCs must be malfunction when the complete when a sensor failure or deterioration stored according to the provisions of evaporative system contains a leak or causes the fuel system to stop using that paragraph (b) of this section. sensor as a feedback input (e.g., causes leaks that cumulatively are greater than (B) If the OBD system is capable of or equal to a leak caused by a 0.150 inch default or open-loop operation). discerning that a system leak is being (D) The OBD system must detect a diameter hole. caused by a missing or improperly malfunction of the exhaust gas sensor (C) The manufacturer may secured gas cap, the OBD system need when the sensor output voltage, demonstrate that detection of a larger not activate the MIL or store a DTC resistance, impedance, current, hole is more appropriate than that provided the vehicle is equipped with amplitude, activity, or other specified in paragraph (h)(7)(ii)(B) of an alternative indicator for notifying the characteristics are no longer sufficient this section. To do so, the manufacturer operator of the gas cap problem. The for use as an OBD system monitoring must demonstrate through data and/or alternative indicator must be of device (e.g., for catalyst monitoring). engineering analyses that holes smaller sufficient illumination and location to (iii) Secondary exhaust gas sensor than the proposed detection size would be readily visible under all lighting malfunction criteria. not result in evaporative or running loss conditions. If the vehicle is not (A) The OBD system must detect a emissions that exceed 1.5 times the equipped with such an alternative malfunction prior to any failure or applicable evaporative emissions indicator, the MIL must activate and a deterioration of the exhaust gas sensor standards. Upon such a demonstration, DTC be stored as required in paragraph voltage, resistance, impedance, current, the proposed detection size could be (h)(7)(iv)(A) of this section; however, response rate, amplitude, offset, or other substituted for the requirement of these may be deactivated and erased, characteristic(s) that would cause an paragraph (h)(7)(ii)(B) of this section. respectively, if the OBD system engine’s emissions to exceed the (iii) Evaporative system monitoring determines that the gas cap problem has emissions thresholds for ‘‘other conditions. been corrected and the MIL has not been monitors’’ as shown in Table 2 of this (A) The manufacturer must define activated for any other malfunction. The paragraph (h). monitoring conditions for malfunctions Administrator may approve other (B) The OBD system must detect identified in paragraph (h)(7)(ii)(A) of strategies that provide equivalent malfunctions of the exhaust gas sensor this section in accordance with assurance that a vehicle operator will be caused by a lack of circuit continuity. paragraphs (c) and (d) of this section. notified promptly of a missing or (C) To the extent feasible, the OBD (B) The manufacturer must define improperly secured gas cap and that system must detect a malfunction of the monitoring conditions for malfunctions corrective action will be undertaken. exhaust gas sensor when the sensor identified in paragraph (h)(7)(ii)(B) of (8) Exhaust gas sensor monitoring. output voltage, resistance, impedance, this section in accordance with (i) General. current, amplitude, activity, offset, or paragraphs (c) and (d) of this section. (A) The OBD system must monitor for other characteristics are no longer For purposes of tracking and reporting malfunctions the output signal, sufficient for use as an OBD system as required by paragraph (d)(1) of this response rate, and any other parameter monitoring device (e.g., for catalyst section, all monitors used to detect that can affect emissions of all primary monitoring). malfunctions identified in paragraph (i.e., fuel control) exhaust gas sensors (D) The OBD system must detect (h)(7)(ii)(B) of this section must be (e.g., oxygen, wide-range air/fuel). Both malfunctions of the exhaust gas sensor tracked separately but reported as a the lean-to-rich and rich-to-lean caused by out-of-range values. single set of values as specified in response rates must be monitored. (E) The OBD system must detect a paragraph (e)(1)(iii) of this section. (B) The OBD system must also malfunction of the exhaust gas sensor (C) The manufacturer may disable or monitor all secondary exhaust gas when a sensor failure or deterioration abort an evaporative system monitor sensors (those used for secondary fuel causes the fuel system (e.g., fuel control) when the fuel tank level is over 85 trim control or as a monitoring device) to stop using that sensor as a feedback percent of nominal tank capacity or for proper output signal, activity, and input (e.g., causes default or open-loop during a refueling event. response rate. operation).

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(iv) Exhaust gas sensor heater (B) Except as provided for in (C) For engines in which no failure or malfunction criteria. paragraph (h)(8)(vi)(C) of this section, deterioration of the VVT system could (A) The OBD system must detect a monitoring for malfunctions identified result in an engine’s emissions malfunction of the heater performance in paragraphs (h)(8)(iii)(D) and exceeding the applicable emissions when the current or voltage drop in the (h)(8)(iii)(E) of this section must be thresholds of paragraphs (h)(9)(ii)(A) heater circuit is no longer within the conducted continuously. and (h)(9)(ii)(B) of this section, the OBD manufacturer’s specified limits for (C) The manufacturer may disable system must detect a malfunction of the normal operation (i.e., within the continuous secondary exhaust gas VVT system when proper functional criteria required to be met by the sensor monitoring when a secondary response of the system to computer component vendor for heater circuit exhaust gas sensor malfunction cannot commands does not occur. performance at high mileage). Other be distinguished from other effects (e.g., (iii) VVT system monitoring malfunction criteria for heater disable out-of-range low monitoring conditions. Manufacturers must define performance malfunctions may be used during fuel cut conditions). To do so, the monitoring conditions for VVT upon demonstrating via data or the manufacturer must demonstrate via system malfunctions identified in engineering analyses that the data or engineering analyses that a paragraph (h)(9)(ii) in accordance with monitoring reliability and timeliness is properly functioning sensor cannot be paragraphs (c) and (d) of this section, equivalent to the stated criteria in this distinguished from a malfunctioning with the exception that monitoring must paragraph (h)(8)(iv)(A). sensor and that the disablement interval occur every time the monitoring (B) The OBD system must detect is limited only to that necessary for conditions are met during the drive malfunctions of the heater circuit avoiding false detection. cycle rather than once per drive cycle as including open or short circuits that (vii) Exhaust gas sensor heater required in paragraph (c)(2) of this conflict with the commanded state of monitoring conditions. section. For purposes of tracking and the heater (e.g., shorted to 12 Volts (A) The manufacturer must define reporting as required in paragraph (d)(1) when commanded to 0 Volts (ground)). monitoring conditions for malfunctions of this section, all monitors used to (v) Primary exhaust gas sensor identified in paragraph (h)(8)(iv)(A) of detect malfunctions identified in monitoring conditions. this section in accordance with paragraph (h)(9)(ii) must be tracked (A) The manufacturer must define paragraphs (c) and (d) of this section. separately but reported as a single set of monitoring conditions for malfunctions (B) Monitoring for malfunctions values as specified in paragraph identified in paragraphs (h)(8)(ii)(A) and identified in paragraph (h)(8)(iv)(B) of (e)(1)(iii) of this section. (h)(8)(ii)(D) of this section in accordance this section must be conducted (iv) VVT MIL activation and DTC with paragraphs (c) and (d) of this continuously. storage. The MIL must activate and (viii) Exhaust gas sensor MIL section. For purposes of tracking and DTCs must be stored according to the activation and DTC storage. The MIL reporting as required by paragraph (d)(1) provisions of paragraph (b) of this must activate and DTCs must be stored of this section, all monitors used to section. according to the provisions of paragraph detect malfunctions identified in (i) OBD monitoring requirements for (b) of this section. all engines. paragraphs (h)(8)(ii)(A) and (h)(8)(ii)(D) (9) Variable valve timing (VVT) of this section must be tracked (1) Engine cooling system monitoring. system monitoring. (i) General. separately but reported as a single set of (i) General. The OBD system must (A) The OBD system must monitor the values as specified in paragraph monitor the VVT system on engines so thermostat on engines so equipped for (e)(1)(iii) of this section. equipped for target error and slow proper operation. (B) Except as provided for in response malfunctions. The individual (B) The OBD system must monitor the paragraph (h)(8)(v)(C) of this section, electronic components (e.g., actuators, engine coolant temperature (ECT) sensor monitoring for malfunctions identified valves, sensors) that are used in the VVT for electrical circuit continuity, out-of- in paragraphs (h)(8)(ii)(B) and system must be monitored in range values, and rationality (h)(8)(ii)(C) of this section must be accordance with the comprehensive malfunctions. conducted continuously. components requirements in paragraph (C) For engines that use a system (C) The manufacturer may disable (i)(3). other than the cooling system and ECT continuous primary exhaust gas sensor (ii) VVT system malfunction criteria. sensor (e.g., oil temperature, cylinder monitoring when a primary exhaust gas (A) VVT system target error. The OBD head temperature) to determine engine sensor malfunction cannot be system must detect a malfunction prior operating temperature for emission distinguished from other effects (e.g., to any failure or deterioration in the control purposes (e.g., to modify spark disable out-of-range low monitoring capability of the VVT system to achieve or fuel injection timing or quantity), the during fuel cut conditions). To do so, the commanded valve timing and/or manufacturer may forego cooling system the manufacturer must demonstrate via control within a crank angle and/or lift monitoring and instead monitor the data or engineering analyses that a tolerance that would cause an engine’s components or systems used in their properly functioning sensor cannot be emissions to exceed the emission approach. To do so, the manufacturer distinguished from a malfunctioning thresholds for ‘‘other monitors’’ as must to submit data and/or engineering sensor and that the disablement interval shown in Table 2 of this paragraph (h). analyses that demonstrate that their is limited only to that necessary for (B) VVT slow response. The OBD monitoring plan is as reliable and avoiding false detection. system must detect a malfunction prior effective as the monitoring required in (vi) Secondary exhaust gas sensor to any failure or deterioration in the this paragraph (i)(1). monitoring conditions. capability of the VVT system to achieve (ii) Malfunction criteria for the (A) The manufacturer must define the commanded valve timing and/or thermostat. monitoring conditions for malfunctions control within a manufacturer-specified (A) The OBD system must detect a identified in paragraphs (h)(8)(iii)(A) time that would cause an engine’s thermostat malfunction if, within the through (h)(8)(iii)(C) of this section in emissions to exceed the emission manufacturer specified time interval accordance with paragraphs (c) and (d) thresholds for ‘‘other monitors’’ as following engine start, any of the of this section. shown in Table 2 of this paragraph (h). following conditions occur: The coolant

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temperature does not reach the highest (e.g., fuel system, EGR system). The and displays the same temperature temperature required by the OBD manufacturer specified time interval information as used by the OBD system. system to enable other diagnostics; and, must be a function of the engine coolant (iv) Monitoring conditions for the the coolant temperature does not reach temperature and/or intake air thermostat. a warmed-up temperature within 20 temperature at startup. The (A) The manufacturer must define the degrees Fahrenheit of the manufacturer time interval must be monitoring conditions for malfunctions manufacturer’s nominal thermostat supported by data and/or engineering identified in paragraph (i)(1)(ii)(A) of regulating temperature. For the second analyses demonstrating that it provides this section in accordance with of these two conditions, the robust monitoring and minimizes the paragraph (c) of this section. manufacturer may use a lower likelihood of other OBD monitors being Additionally, except as provided for in temperature for this criterion if either disabled. The manufacturer may forego paragraphs (i)(1)(iv)(B) and (i)(1)(iv)(C) the manufacturer can demonstrate that the requirements of this paragraph of this section, monitoring for the fuel, spark timing, and/or other (i)(1)(iii)(B) provided the manufacturer malfunctions identified in paragraph coolant temperature-based modification does not use engine coolant temperature (i)(1)(ii)(A) of this section must be to the engine control strategies would or the ECT sensor to enable closed-loop/ conducted once per drive cycle on every not cause an emissions increase greater feedback control of any emission control drive cycle in which the ECT sensor than or equal to 50 percent of any of the systems. indicates, at engine start, a temperature applicable emissions standards; or, (C) Stuck in range below the highest lower than the temperature established ambient air temperature is between 20 minimum enable temperature. To the as the malfunction criteria in paragraph degrees Fahrenheit and 50 degrees extent feasible when using all available (i)(1)(ii)(A) of this section. Fahrenheit in which case, upon information, the OBD system must (B) The manufacturer may disable Administrator approval, the minimum detect a malfunction if the ECT sensor thermostat monitoring at ambient coolant temperature required to be inappropriately indicates a temperature engine start temperatures below 20 reached may be decreased based on the below the highest minimum enable degrees Fahrenheit. ambient air temperature. temperature required by the OBD (C) The manufacturers may request (B) With Administrator approval, the system to enable other monitors (e.g., an Administrator approval to suspend or manufacturer may use alternative OBD system that requires ECT to be disable thermostat monitoring if the malfunction criteria to those of greater than 140 degrees Fahrenheit to engine is subjected to conditions that paragraph (i)(1)(ii)(A) of this section enable a diagnostic must detect could lead to false diagnosis. To do so, and/or alternative monitoring malfunctions that cause the ECT sensor the manufacturer must submit data and/ conditions to those of paragraph to inappropriately indicate a or engineering analyses that (i)(1)(iv) of this section that are a temperature below 140 degrees demonstrate that the suspension or function of temperature at engine start Fahrenheit). The manufacturer may disablement is necessary. In general, the on engines that do not reach the forego this requirement for temperature manufacturer will not be allowed to temperatures specified in the regions in which the monitors required suspend or disable the thermostat malfunction criteria when the under paragraphs (i)(1)(ii) or (i)(1)(iii)(B) monitor on engine starts where the thermostat is functioning properly. To of this section will detect ECT sensor engine coolant temperature at engine do so, the manufacturer is required to malfunctions as defined in this start is more than 35 degrees Fahrenheit submit data and/or engineering analyses paragraph (i)(1)(iii)(C). lower than the thermostat malfunction that demonstrate that a properly (D) Stuck in range above the lowest threshold temperature determined operating system does not reach the maximum enable temperature. The under paragraph (i)(1)(ii)(A) of this specified temperatures and that the OBD system must detect a malfunction section. possibility is minimized for cooling if the ECT sensor inappropriately (v) Monitoring conditions for the ECT system malfunctions to go undetected indicates a temperature above the sensor. thus disabling other OBD monitors. lowest maximum enable temperature (A) Except as provided for in (C) The manufacturer may request required by the OBD system to enable paragraph (i)(1)(v)(D) of this section, the Administrator approval to forego other monitors (e.g., an OBD system that OBD system must monitor continuously monitoring of the thermostat if the requires an engine coolant temperature for malfunctions identified in paragraph manufacturer can demonstrate that a less than 90 degrees Fahrenheit at monitoring for malfunctions identified malfunctioning thermostat cannot cause startup prior to enabling an OBD in paragraph (i)(1)(iii)(A) of this section a measurable increase in emissions monitor must detect malfunctions that (i.e., circuit integrity and out-of-range). during any reasonable driving condition cause the ECT sensor to indicate (B) The manufacturer must define the nor cause any disablement of other OBD inappropriately a temperature above 90 monitoring conditions for malfunctions monitors. degrees Fahrenheit). The manufacturer identified in paragraph (i)(1)(iii)(B) of (iii) Malfunction criteria for the ECT may forego this requirement within this section in accordance with sensor. temperature regions in which the paragraph (c) of this section. (A) Circuit integrity. The OBD system monitors required under paragraphs Additionally, except as provided for in must detect malfunctions of the ECT (i)(1)(ii), (i)(1)(iii)(B), (i)(1)(iii)(C) of this paragraph (i)(1)(v)(D) of this section, sensor related to a lack of circuit section will detect ECT sensor monitoring for malfunctions identified continuity or out-of-range values. malfunctions as defined in this in paragraph (i)(1)(iii)(B) of this section (B) Time to reach closed-loop/ paragraph (i)(1)(iii)(D) or in which the must be conducted once per drive cycle feedback enable temperature. The OBD MIL will be activated according to the on every drive cycle in which the ECT system must detect if, within the provisions of paragraph (b)(2)(v) of this sensor indicates a temperature lower manufacturer specified time interval section. The manufacturer may also than the closed-loop enable temperature following engine start, the ECT sensor forego this monitoring within at engine start (i.e., all engine start does not achieve the highest stabilized temperature regions where a temperatures greater than the ECT minimum temperature that is needed to temperature gauge on the instrument sensor out-of-range low temperature and initiate closed-loop/feedback control of panel indicates a temperature in the less than the closed-loop enable all affected emission control systems ‘‘red zone’’ (engine overheating zone) temperature).

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(C) The manufacturer must define the malfunction criteria in paragraph not identify specifically the CV system monitoring conditions for malfunctions (i)(2)(ii)(B) of this section. (e.g., a DTC for idle speed control or fuel identified in paragraphs (i)(1)(iii)(C) and (B) Except as provided for in system monitoring can be stored) if the (i)(1)(iii)(D) of this section in accordance paragraphs (i)(2)(ii)(C) through manufacturer can demonstrate that with paragraphs (c) and (d) of this (i)(2)(ii)(E) of this section, the OBD additional monitoring hardware is section. system must detect a malfunction of the necessary to make such an identification (D) The manufacturer may suspend or CV system when a disconnection of the and provided the manufacturer’s delay the monitor for the time to reach system occurs between either the diagnostic and repair procedures for the closed-loop enable temperature if the crankcase and the CV valve, or between detected malfunction include directions engine is subjected to conditions that the CV valve and the intake manifold. to check the integrity of the CV system. could lead to false diagnosis (e.g., (C) The manufacturer may forego (3) Comprehensive component vehicle operation at idle for more than monitoring for a disconnection between monitoring. 50 to 75 percent of the warm-up time). the crankcase and the CV valve (i) General. Except as provided for in (E) The manufacturer may request provided the CV system is designed paragraph (i)(4) of this section, the OBD Administrator approval to disable such that the CV valve is fastened system must detect a malfunction of any continuous ECT sensor monitoring directly to the crankcase such that it is electronic engine component or system when an ECT sensor malfunction cannot significantly more difficult to remove not otherwise described in paragraphs be distinguished from other effects. To the CV valve from the crankcase than to (g), (h), (i)(1), and (i)(2) of this section do so, the manufacturer must submit disconnect the line between the CV that either provides input to (directly or data and/or engineering analyses that valve and the intake manifold (taking indirectly, such components may demonstrate a properly functioning aging effects into consideration). To do include the crank angle sensor, knock sensor cannot be distinguished from a so, the manufacturer must be able to sensor, throttle position sensor, cam malfunctioning sensor and that the provide data and/or an engineering position sensor, intake air temperature disablement interval is limited only to evaluation demonstrating that the CV sensor, boost pressure sensor, manifold that necessary for avoiding false system is so designed. pressure sensor, mass air flow sensor, (D) The manufacturer may forego exhaust temperature sensor, exhaust detection. monitoring for a disconnection between pressure sensor, fuel pressure sensor, (vi) Engine cooling system MIL the crankcase and the CV valve fuel composition sensor of a flexible activation and DTC storage. The MIL provided the CV system is designed fuel vehicle, etc.) or receives commands must activate and DTCs must be stored such that it uses tubing connections from (such components or systems may according to the provisions of paragraph between the CV valve and the crankcase include the idle speed control system, (b) of this section. that are: resistant to deterioration or glow plug system, variable length intake (2) Crankcase ventilation (CV) system accidental disconnection; significantly manifold runner systems, supercharger monitoring. more difficult to disconnect than is the or turbocharger electronic components, (i) General. The OBD system must line between the CV valve and the heated fuel preparation systems, the monitor the CV system on engines so intake manifold; and, not subject to wait-to-start lamp on diesel equipped for system integrity. Engines disconnection per the manufacturer’s applications, the MIL, etc.) the onboard not required to be equipped with CV repair procedures for any non-CV computer(s) and meets either of the systems are exempt from monitoring the system repair. To do so, the criteria described in paragraphs CV system. For diesel engines, the manufacturer must be able to provide (i)(3)(i)(A) and/or (i)(3)(i)(B) of this manufacturer must submit a plan for data and/or engineering evaluation section. Note that, for the purposes of Administrator approval prior to OBD demonstrating that the CV system is so this paragraph (i)(3), ‘‘electronic engine certification. That plan must include designed. component or system’’ does not include descriptions of the monitoring strategy, (E) The manufacturer may forego components that are driven by the malfunction criteria, and monitoring monitoring for a disconnection between engine and are not related to the control conditions for CV system monitoring. the CV valve and the intake manifold of the fueling, air handling, or emissions The plan must demonstrate that the CV provided the CV system is designed of the engine (e.g., PTO components, air system monitor is of equivalent such that any disconnection either conditioning system components, and effectiveness, to the extent feasible, to causes the engine to stall immediately power steering components). the malfunction criteria and the during idle operation, or is unlikely to (A) It can cause emissions to exceed monitoring conditions of this paragraph occur due to a CV system design that is applicable emission standards. To (i)(2). integral to the induction system (e.g., preclude monitoring, the manufacturer (ii) Crankcase ventilation system machined passages rather than tubing or must be able to provide emission data malfunction criteria. hoses). To do so, the manufacturer must showing that the component or system, (A) For the purposes of this paragraph be able to provide data and/or an when malfunctioning and installed on a (i)(2), ‘‘CV system’’ is defined as any engineering evaluation demonstrating suitable test engine, does not cause form of crankcase ventilation system, that the CV system is so designed. emissions to exceed the emission regardless of whether it utilizes positive (iii) Crankcase ventilation system standards. pressure. ‘‘CV valve’’ is defined as any monitoring conditions. The (B) It is used as part of the monitoring form of valve or orifice used to restrict manufacturer must define the strategy for any other monitored system or control crankcase vapor flow. monitoring conditions for malfunctions or component. Further, any additional external CV identified in paragraph (i)(2) of this (ii) Comprehensive component system tubing or hoses used to equalize section in accordance with paragraphs malfunction criteria for input crankcase pressure or to provide a (c) and (d) of this section. components. ventilation path between various areas (iv) Crankcase ventilation system MIL (A) The OBD system must detect of the engine (e.g., crankcase and valve activation and DTC storage. The MIL malfunctions of input components cover) are considered part of the CV must activate and DTCs must be stored caused by a lack of circuit continuity system ‘‘between the crankcase and the according to the provisions of paragraph and out-of-range values. In addition, CV valve’’ and subject to the (b) of this section. The stored DTC need where feasible, rationality checks must

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also be done and shall verify that a when the minimum number of teeth/ OBD system to enable any other sensor output is neither inappropriately cogs misalignment has occurred that monitors. high nor inappropriately low (i.e., ‘‘two- does cause a measurable emission (D) For model years 2010 through sided’’ monitoring). increase. 2012, glow plugs must be monitored for (B) To the extent feasible, the OBD (iii) Comprehensive component circuit continuity malfunctions. For system must separately detect and store malfunction criteria for output model years 2010 and later, intake air different DTCs that distinguish components/systems. heater systems and, for model years rationality malfunctions from lack of (A) The OBD system must detect a 2013 and later, glow plugs must be circuit continuity and out-of-range malfunction of an output component/ monitored for proper functional malfunctions. For lack of circuit system when proper functional response response to computer commands and continuity and out-of-range does not occur in response to computer for circuit continuity malfunctions. The malfunctions, the OBD system must, to commands. If such a functional check is glow plug/intake air heater circuit(s) the extent feasible, separately detect and not feasible, the OBD system must must be monitored for proper current store different DTCs for each distinct detect malfunctions of output and voltage drop. The manufacturer malfunction (e.g., out-of-range low, out- components/systems caused by a lack of may use other monitoring strategies but of-range high, open circuit). The OBD circuit continuity or circuit malfunction must be able to provide data and/or system is not required to store separate (e.g., short to ground or high voltage). engineering analyses that demonstrate DTCs for lack of circuit continuity For output component lack of circuit reliable and timely detection of malfunctions that cannot be continuity malfunctions and circuit malfunctions. The OBD system must distinguished from other out-of-range malfunctions, the OBD system is not also detect a malfunction when a single circuit malfunctions. required to store different DTCs for each glow plug no longer operates within the (C) For input components that are distinct malfunction (e.g., open circuit, manufacturer’s specified limits for used to activate alternative strategies shorted low). Manufacturers are not normal operation. If a manufacturer can that can affect emissions (e.g., AECDs, required to activate an output demonstrate that a single glow plug engine shutdown systems), the OBD component/system when it would not malfunction cannot cause a measurable system must conduct rationality checks normally be active for the sole purpose increase in emissions during any to detect malfunctions that cause the of performing a functional check of it as reasonable driving condition, the OBD system to activate erroneously or required in this paragraph (i)(3). system must instead detect a deactivate the alternative strategy. To (B) For gasoline engines, the idle malfunction when the number of glow the extent feasible when using all control system must be monitored for plugs needed to cause an emission available information, the rationality proper functional response to computer increase is malfunctioning. To the check must detect a malfunction if the commands. For gasoline engines using extent feasible, the stored DTC must input component inappropriately monitoring strategies based on deviation identify the specific malfunctioning indicates a value that activates or from target idle speed, a malfunction glow plug(s). deactivates the alternative strategy. For must be detected when either of the (E) The wait-to-start lamp circuit and example, for an alternative strategy that following conditions occurs: The idle the MIL circuit must be monitored for activates when the intake air speed control system cannot achieve the malfunctions that cause either lamp to temperature is greater than 120 degrees target idle speed within 200 revolutions fail to activate when commanded to do Fahrenheit, the OBD system must detect per minute (rpm) above the target speed so (e.g., burned out bulb). This malfunctions that cause the intake air or 100 rpm below the target speed; or, monitoring of the wait-to-start lamp temperature sensor to indicate the idle speed control system cannot circuit and the MIL circuit is not inappropriately a temperature above 120 achieve the target idle speed within the required for wait-to-start lamps and degrees Fahrenheit. smallest engine speed tolerance range MILs using light-emitting diodes (LEDs). (D) For engines that require precise required by the OBD system to enable (iv) Monitoring conditions for input alignment between the camshaft and the any other monitors. Regarding the components. crankshaft, the OBD system must former of these conditions, the (A) The OBD system must monitor monitor the crankshaft position manufacturer may use larger engine input components continuously for out- sensor(s) and camshaft position speed tolerances. To do so, the of-range values and circuit continuity. sensor(s) to verify proper alignment manufacturer must be able to provide The manufacturer may disable between the camshaft and crankshaft in data and/or engineering analyses that continuous monitoring for circuit addition to monitoring the sensors for demonstrate that the tolerances can be continuity and out-of-range values when circuit continuity and proper exceeded without a malfunction being a malfunction cannot be distinguished rationality. Proper alignment monitoring present. from other effects. To do so, the between a camshaft and a crankshaft is (C) For diesel engines, the idle control manufacturer must be able to provide required only in cases where both are system must be monitored for proper data and/or engineering analyses that equipped with position sensors. For functional response to computer demonstrate that a properly functioning engines equipped with VVT systems commands. For diesel engines, a input component cannot be and a timing belt or chain, the OBD malfunction must be detected when distinguished from a malfunctioning system must detect a malfunction if the either of the following conditions input component and that the alignment between the camshaft and occurs: the idle fuel control system disablement interval is limited only to crankshaft is off by one or more cam/ cannot achieve the target idle speed or that necessary for avoiding false crank sprocket cogs (e.g., the timing fuel injection quantity within +/¥50 malfunction detection. belt/chain has slipped by one or more percent of the manufacturer-specified (B) For input component rationality teeth/cogs). If a manufacturer fuel quantity and engine speed checks (where applicable), the demonstrates that a single tooth/cog tolerances; or, the idle fuel control manufacturer must define the misalignment cannot cause a system cannot achieve the target idle monitoring conditions for detecting measurable increase in emissions during speed or fueling quantity within the malfunctions in accordance with any reasonable driving condition, the smallest engine speed or fueling paragraphs (c) and (d) of this section, OBD system must detect a malfunction quantity tolerance range required by the with the exception that rationality

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checks must occur every time the reported as MIL commanded-on and a than 8,000 feet above sea level. To do monitoring conditions are met during MIL-on DTC must be stored. so, the manufacturer must submit data the drive cycle rather than once per (4) Other emission control system and/or engineering analyses that drive cycle as required in paragraph monitoring. demonstrate that monitoring is (c)(2) of this section. (i) General. For other emission control unreliable during the disable (v) Monitoring conditions for output systems that are either not addressed in conditions. A manufacturer may request components/systems. paragraphs (g) through (i)(3) of this that an OBD system monitor be disabled (A) The OBD system must monitor section (e.g., hydrocarbon traps, at other ambient engine start output components/systems homogeneous charge compression temperatures by submitting data and/or continuously for circuit continuity and ignition control systems), or addressed engineering analyses demonstrating that circuit malfunctions. The manufacturer in paragraph (i)(3) of this section but not misdiagnosis would occur at the given may disable continuous monitoring for corrected or compensated for by an ambient temperatures due to their effect circuit continuity and circuit adaptive control system (e.g., swirl on the component itself (e.g., malfunctions when a malfunction control valves), the manufacturer must component freezing). cannot be distinguished from other submit a plan for Administrator (iii) The manufacturer may disable an effects. To do so, the manufacturer must approval of the monitoring strategy, OBD system monitor when the fuel level be able to provide data and/or malfunction criteria, and monitoring is 15 percent or less of the nominal fuel engineering analyses that demonstrate conditions prior to introduction on a tank capacity for those monitors that that a properly functioning output production engine. The plan must can be affected by low fuel level or component/system cannot be demonstrate the effectiveness of the running out of fuel (e.g., misfire distinguished from a malfunctioning monitoring strategy, the malfunction detection). To do so, the manufacturer one and that the disablement interval is criteria used, the monitoring conditions must submit data and/or engineering limited only to that necessary for required by the monitor, and, if analyses that demonstrate that avoiding false malfunction detection. applicable, the determination that the monitoring at the given fuel levels is requirements of paragraph (i)(4)(ii) of (B) For output component/system unreliable, and that the OBD system is this section are satisfied. still able to detect a malfunction if the functional checks, the manufacturer (ii) For engines that use emission must define the monitoring conditions component(s) used to determine fuel control systems that alter intake air flow level indicates erroneously a fuel level for detecting malfunctions in or cylinder charge characteristics by accordance with paragraphs (c) and (d) that causes the disablement. actuating valve(s), flap(s), etc., in the (iv) The manufacturer may disable of this section. Specifically for the idle intake air delivery system (e.g., swirl OBD monitors that can be affected by control system, the manufacturer must control valve systems), the engine battery or system voltage levels. define the monitoring conditions for manufacturer, in addition to meeting the (A) For an OBD monitor affected by detecting malfunctions in accordance requirements of paragraph (i)(4)(i) of low vehicle battery or system voltages, with paragraphs (c) and (d) of this this section, may elect to have the OBD manufacturers may disable monitoring section, with the exception that system monitor the shaft to which all when the battery or system voltage is functional checks must occur every time valves in one intake bank are physically below 11.0 Volts. The manufacturer may the monitoring conditions are met attached rather than performing a use a voltage threshold higher than 11.0 during the drive cycle rather than once functional check of the intake air flow, Volts to disable monitors but must per drive cycle as required in paragraph cylinder charge, or individual valve(s)/ submit data and/or engineering analyses (c)(2) of this section. flap(s). For non-metal shafts or that demonstrate that monitoring at (vi) Comprehensive component MIL segmented shafts, the monitor must those voltages is unreliable and that activation and DTC storage. verify all shaft segments for proper either operation of a vehicle below the (A) Except as provided for in functional response (e.g., by verifying disablement criteria for extended paragraphs (i)(3)(vi)(B) and (i)(3)(vi)(C) that the segment or portion of the shaft periods of time is unlikely or the OBD of this section, the MIL must activate farthest from the actuator functions system monitors the battery or system and DTCs must be stored according to properly). For systems that have more voltage and will detect a malfunction at the provisions of paragraph (b) of this than one shaft to operate valves in the voltage used to disable other section. multiple intake banks, the manufacturer monitors. (B) The MIL need not be activated in is not required to add more than one set (B) For an OBD monitor affected by conjunction with storing a MIL-on DTC of detection hardware (e.g., sensor, high engine battery or system voltages, for any comprehensive component if: switch) per intake bank to meet this the manufacturer may disable the component or system, when requirement. monitoring when the battery or system malfunctioning, could not cause engine (5) Exceptions to OBD monitoring voltage exceeds a manufacturer-defined emissions to increase by 15 percent or requirements. voltage. To do so, the manufacturer more of the applicable FTP standard (i) The Administrator may revise the must submit data and/or engineering during any reasonable driving PM filtering performance malfunction analyses that demonstrate that condition; or, the component or system criteria for DPFs to exclude detection of monitoring above the manufacturer- is not used as part of the monitoring specific failure modes such as partially defined voltage is unreliable and that strategy for any other system or melted substrates, if the most reliable either the electrical charging system/ component that is required to be monitoring method developed requires alternator warning light will be monitored. it. activated (or voltage gauge would be in (C) The MIL need not be activated if (ii) The manufacturer may disable an the ‘‘red zone’’) or the OBD system a malfunction has been detected in the OBD system monitor at ambient engine monitors the battery or system voltage MIL circuit that prevents the MIL from start temperatures below 20 degrees and will detect a malfunction at the activating (e.g., burned out bulb or light- Fahrenheit (low ambient temperature voltage used to disable other monitors. emitting diode, LED). Nonetheless, the conditions may be determined based on (v) The manufacturer may also disable electronic MIL status (see paragraph intake air or engine coolant temperature affected OBD monitors in systems (k)(4)(ii) of this section) must be at engine start) or at elevations higher designed to accommodate the

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installation of power take off (PTO) J1978 or SAE J1939 (both as specified in The manufacturer must be able to show units provided monitors are disabled paragraph (k)(1) of this section) scan that the off-board device is able to verify only while the PTO unit is active and tool. that the vehicles tested using the device the OBD readiness status (see paragraph (ii) Selection of Test Vehicles. are able to perform all of the required (k)(4)(i) of this section) is cleared by the (A) The manufacturer must perform functions in paragraph (j)(1)(iv) of this onboard computer (i.e., all monitors set this testing every model year on ten section with any other off-board device to indicate ‘‘not complete’’ or ‘‘not unique production vehicles (i.e., engine designed and built in accordance with ready’’) while the PTO unit is activated. rating and chassis application the SAE J1978 or SAE J1939 (both as If monitors are so disabled and when combination) per engine family. If there specified in paragraph (k)(1) of this the disablement ends, the readiness are less than ten unique production section) generic scan tool specifications. status may be restored to its state prior vehicles for a certain engine family, the (iv) Required testing. The testing must to PTO activation. manufacturer must test each unique verify that communication can be (6) Feedback control system production vehicle in that engine established properly between all monitoring. If the engine is equipped family. The manufacturer must perform emission-related on-board computers with feedback control of any of the this testing within either three months and a SAE J1978 or SAE J1939 (both as systems covered in paragraphs (g), (h) of the start of engine production or one specified in paragraph (k)(1) of this and (i) of this section, then the OBD month of the start of vehicle production, section) scan tool designed to adhere system must detect as malfunctions the whichever is later. The manufacturer strictly to the communication protocols conditions specified in this paragraph may request approval to group multiple allowed in paragraph (k)(3) of this (i)(6) for each of the individual feedback production vehicles together and test section. The testing must also verify that controls. one representative vehicle per group. To all emission-related information is (i) The OBD system must detect when do so, the software and hardware communicated properly between all the system fails to begin feedback designed to comply with the emission-related on-board computers control within a manufacturer specified standardization requirements of and a SAE J1978 or SAE J1939 (both as time interval. paragraph (k)(1) of this section (e.g., specified in paragraph (k)(1) of this (ii) When any malfunction or communication protocol message section) scan tool in accordance with deterioration causes open loop or limp- timing, number of supported data the requirements of paragraph (k)(1) of home operation. stream parameters, engine and vehicle this section and the applicable ISO and (iii) When feedback control has used communication network architecture) in SAE specifications including up all of the adjustment allowed by the the representative vehicle must be specifications for physical layer, manufacturer. identical to all others in the group and network layer, message structure, and (iv) A manufacturer may temporarily any differences in the production message content. The testing must also disable monitoring for malfunctions vehicles cannot be relevant with respect verify that the onboard computer(s) can specified in paragraph (i)(6)(iii) of this to meeting the criteria of paragraph properly respond to a SAE J1978 or SAE section during conditions that the (j)(1)(iv) of this section. J1939 (both as specified in paragraph specific monitor cannot distinguish (B) For 2016 and subsequent model (k)(1) of this section) scan tool request robustly between a malfunctioning years, the required number of vehicles to clear emissions-related DTCs and system and a properly operating system. to be tested shall be reduced to five per reset the ready status in accordance To do so, the manufacturer is required engine family provided zero vehicles with paragraph (k)(4)(ix) of this section. to submit data and/or engineering fail the testing required by paragraph The testing must further verify that the analyses demonstrating that the (j)(1) of this section for two consecutive following information can be properly individual feedback control system, years. communicated to a SAE J1978 or SAE when operating as designed on an (C) For 2019 and subsequent model J1939 (both as specified in paragraph engine with all emission controls years, the required number of vehicles (k)(1) of this section) scan tool: working properly, routinely operates to be tested shall be reduced to three per (A) The current ready status from all during these conditions while having engine family provided zero vehicles onboard computers required to support used up all of the adjustment allowed fail the testing required by paragraph ready status in accordance with SAE by the manufacturer. In lieu of (j)(1) of this section for three J1978 or SAE J1939–73 (both as detecting, with a system specific consecutive years. specified in paragraph (k)(1) of this monitor, the malfunctions specified in (D) The requirement for submittal of section) and paragraph (k)(4)(i) of this paragraphs (i)(6)(i) and (i)(6)(ii) of this data from one or more of the production section in the key-on, engine-off section the OBD system may monitor vehicles shall be waived if data have position and while the engine is the individual parameters or been submitted previously for all of the running. components that are used as inputs for production vehicles. The manufacturer (B) The MIL command status while a individual feedback control systems may request approval to carry over data deactivated MIL is commanded and provided that the monitors detect all collected in previous model years. To while an activated MIL is commanded malfunctions that meet the criteria of do so, the software and hardware in accordance with SAE J1979 or SAE paragraphs (i)(6)(i) and (i)(6)(ii) of this designed to comply with the J1939 (both as specified in paragraph section. standardization requirements of (k)(1) of this section) and paragraph (j) Production evaluation testing. paragraph (k)(1) of this section must be (k)(4)(ii) of this section in the key-on, (1) Verification of Standardization identical to the previous model year and engine-off position and while the engine Requirements. there must not have been other is running, and in accordance with SAE (i) For model years 2013 and later, the hardware or software changes that affect J1979 or SAE J1939 (both as specified in manufacturer must perform testing to compliance with the standardization paragraph (k)(1) of this section) and verify that production vehicles meet the requirements. paragraphs (b)(1)(ii) of this section requirements of paragraphs (k)(3) and (iii) Test equipment. For the testing during the MIL functional check, if (k)(4) of this section relevant to the required by paragraph (j)(1) of this applicable, and, if applicable, (k)(4)(i)(C) proper communication of required section, the manufacturer shall use an of this section during the MIL ready emissions-related messages to a SAE off-board device to conduct the testing. status check while the engine is off.

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(C) All data stream parameters required by paragraph (j)(1) of this (D) Malfunctions may be implanted required in paragraph (k)(4)(ii) of this section. mechanically or simulated section in accordance with SAE J1979 or (2) Verification of monitoring electronically, but internal onboard SAE J1939 (both as specified in requirements. computer hardware or software changes paragraph (k)(1) of this section) (i) Within either the first six months shall not be used to simulate including, if applicable, the proper of the start of engine production or the malfunctions. For monitors that are identification of each data stream first three months of the start of vehicle required to indicate a malfunction parameter as supported in SAE J1979 production, whichever is later, the before emissions exceed an emission (e.g., Mode/Service $01, PID $00). manufacturer must conduct a complete threshold, manufacturers are not (D) The CAL ID, CVN, and VIN as evaluation of the OBD system of one or required to use malfunctioning required by paragraphs (k)(4)(vi), more production vehicles (test vehicles) components/systems set exactly at their (k)(4)(vii), and (k)(4)(viii) of this section and submit the results of the evaluation malfunction criteria limits. Emission and in accordance with SAE J1979 or to the Administrator. testing is not required to confirm that SAE J1939 (both as specified in (ii) Selection of test vehicles. the malfunction is detected before the paragraph (k)(1) of this section). (A) For each engine selected for appropriate emission thresholds are (E) An emissions-related DTC monitoring system demonstration in exceeded. (permanent, pending, MIL-on, previous- paragraph (l) of this section, the (E) The manufacturer must submit a MIL-on) in accordance with SAE J1979 manufacturer must evaluate one proposed test plan for approval prior to or SAE J1939–73 (both as specified in production vehicle equipped with an performing evaluation testing. The test paragraph (k)(1) of this section) engine from the same engine family and plan must identify the method used to including the correct indication of the rating as the demonstration engine. The induce a malfunction for each monitor. number of stored DTCs (e.g., Mode/ vehicle selection must be approved by (F) If the demonstration of a specific Service $01, PID $01, Data A for SAE the Administrator. monitor cannot be reasonably performed (B) If the manufacturer is required to J1979 (as specified in paragraph (k)(1) of without causing physical damage to the test more than one test vehicle, the this section)) and paragraph (k)(4)(iv) of test vehicle (e.g., onboard computer manufacturer may test an engine in lieu this section. internal circuit malfunctions), the of a vehicle for all but one of the (v) Reporting of results. The manufacturer may omit the specific required test vehicles. demonstration. manufacturer must submit to the (C) The requirement for submittal of Administrator the following, based on data from one or more of the test (G) For evaluation of test vehicles the results of the testing required by vehicles may be waived if data have selected in accordance with paragraph paragraph (j)(1)(iv) of this section: been submitted previously for all of the (j)(2)(ii) of this section, the manufacturer (A) If a variant meets all the engine ratings and variants. is not required to demonstrate monitors requirements of paragraph (j)(1)(iv) of (iii) Evaluation requirements. that were demonstrated prior to this section, a statement specifying that (A) The evaluation must demonstrate certification as required in paragraph (l) the variant passed all the tests. Upon the ability of the OBD system on the of this section. request from the Administrator, the selected test vehicle to detect a (iv) The manufacturer must submit a detailed results of any such testing may malfunction, activate the MIL, and, report of the results of all testing have to be submitted. where applicable, store an appropriate conducted as required by paragraph (B) If any variant does not meet the DTC readable by a scan tool when a (j)(2) of this section. The report must requirements paragraph (j)(1)(iv) of this malfunction is present and the identify the method used to induce a section, a written report detailing the monitoring conditions have been malfunction in each monitor, the MIL problem(s) identified and the satisfied for each individual monitor activation status, and the DTC(s) stored. manufacturer’s proposed corrective required by this section. For model (3) Verification of in-use monitoring action (if any) to remedy the problem(s). years 2013 and later, the evaluation performance ratios. This report must be submitted within must demonstrate the ability of the OBD (i) The manufacturer must collect and one month of testing the specific system on the selected test vehicle to report in-use monitoring performance variant. The Administrator will consider detect a malfunction, activate the MIL, data representative of production the proposed remedy and, if in and, where applicable, store an vehicles (i.e., engine rating and chassis disagreement, will work with the appropriate DTC readable by a SAE application combination). The manufacturer to propose an alternative J1978 or SAE J1939 (both as specified in manufacturer must collect and report remedy. Factors to be considered by the paragraph (k)(1) of this section) scan the data to the Administrator within 12 Administrator in considering the tool when a malfunction is present and months after the first production vehicle proposed remedy will include the the monitoring conditions have been was first introduced into commerce. severity of the problem(s), the ability of satisfied for each individual monitor (ii) The manufacturer must separate service technicians to access the required by this section. production vehicles into the monitoring required diagnostic information, the (B) The evaluation must verify that performance groups and submit data impact on equipment and tool the malfunction of any component used that represents each of these groups. manufacturers, and the amount of time to enable another OBD monitor but that The groups shall be based on the prior to implementation of the proposed does not itself result in MIL activation following criteria: corrective action. (e.g., fuel level sensor) will not inhibit (A) Emission control system (vi) Alternative testing protocols. the ability of other OBD monitors to architecture. All engines that use the Manufacturers may request approval to detect malfunctions properly. same or similar emissions control use other testing protocols. To do so, the (C) The evaluation must verify that system architecture (e.g., EGR with DPF manufacturer must demonstrate that the the software used to track the numerator and SCR; EGR with DPF and NOX alternative testing methods and and denominator for the purpose of adsorber; EGR with DPF-only) and equipment will provide an equivalent determining in-use monitoring associated monitoring system would be level of verification of compliance with frequency increments as required by in the same emission architecture the standardization requirements as is paragraph (d)(2) of this section. category.

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(B) Vehicle application type. Within reference, see § 86.1. Anyone may vehicle and protected from accidental an emission architecture category, inspect copies at the U.S. EPA or at the damage during normal vehicle use. engines shall be separated into one of National Archives and Records (ii) For model years 2013 and later, if three vehicle application types: Engines Administration (NARA). For the connector is covered, the cover must intended primarily for line-haul chassis information on the availability of this be removable by hand without the use applications, engines intended material at U.S. EPA, NARA, or the of any tools and be labeled ‘‘OBD’’ to primarily for urban delivery chassis standard making bodies directly, refer to aid technicians in identifying the applications, and all other engines. § 86.1. location of the connector. Access to the (iii) The manufacturer may use an (i) SAE J1930, Revised April 2002. diagnostic connector shall not require alternative grouping method to collect (ii) SAE J1939, Revised October 2007. opening or the removal of any storage representative data. To do so, the (iii) SAE J1939–13, Revised March accessory (e.g., ashtray, coinbox). The manufacturer must show that the 2004, for model years 2013 and later. label must clearly identify that the alternative groups include production (iv) SAE J1939–73, Revised September connector is located behind the cover vehicles using similar emission 2006. and is consistent with language and/or controls, OBD strategies, monitoring (v) SAE J1962, Revised April 2002, for symbols commonly used in the condition calibrations, and vehicle model years 2013 and later. automobile and/or heavy truck industry. application driving/usage patterns such (vi) SAE J1978, Revised April 2002. (iii) For model years 2013 and later, if the ISO 15765–4:2005(E) (as specified that they are expected to have similar (vii) SAE J1979, Revised May 2007. in paragraph (k)(1) of this section) in-use monitoring performance. The (viii) SAE J2012, Revised April 2002. communication protocol is used for the manufacturer will still be required to (ix) SAE J2403, Revised August 2007. required OBD standardized functions, submit one set of data for each of the (x) ISO 15765–4:2005(E), January 15, alternative groups. the connector must meet the ‘‘Type A’’ 2005. (iv) For each monitoring performance specifications of SAE J1962 (as specified group, the data must include all of the (2) Diagnostic connector. For model in paragraph (k)(1) of this section). Any in-use performance tracking data (i.e., years 2010 through 2012, the pins in the connector that provide all numerators, denominators, the manufacturer defined data link electrical power must be properly fused general denominator, and the ignition connector must be accessible to a to protect the integrity and usefulness of cycle counter), the date the data were trained service technician. For model the connector for diagnostic purposes collected, the odometer reading, the years 2013 and later, a standard data and shall not exceed 20.0 Volts DC VIN, and the calibration ID. For model link connector conforming to SAE J1962 regardless of the nominal vehicle system years 2013 and later, for each (as specified in paragraph (k)(1) of this or battery voltage (e.g., 12V, 24V, 42V). monitoring performance group, the data section) or SAE J1939–13 (as specified (iv) For model years 2013 and later, if must include all of the in-use in paragraph (k)(1) of this section) the SAE J1939 (as specified in paragraph performance tracking data reported specifications (except as provided for in (k)(1) of this section) protocol is used for through SAE J1979 or SAE J1939 (both paragraph (k)(2)(iii) if this section) must the required OBD standardized as specified in paragraph (k)(1) of this be included in each vehicle. functions, the connector must meet the section; i.e., all numerators, (i) For model years 2013 and later, the specifications of SAE J1939–13 (as denominators, the general denominator, connector must be located in the specified in paragraph (k)(1) of this and the ignition cycle counter), the date driver’s side foot-well region of the section). Any pins in the connector that the data were collected, the odometer vehicle interior in the area bound by the provide electrical power must be reading, the VIN, and the calibration ID. driver’s side of the vehicle and the properly fused to protect the integrity (v) The manufacturer must submit a driver’s side edge of the center console and usefulness of the connector for plan to the Administrator that details (or the vehicle centerline if the vehicle diagnostic purposes. the types of production vehicles in each does not have a center console) and at (v) For model years 2013 and later, monitoring performance group, the a location no higher than the bottom of the manufacturer may equip engines/ number of vehicles per group to be the steering wheel when in the lowest vehicles with additional diagnostic sampled, the sampling method, the adjustable position. The connector shall connectors for manufacturer-specific timeline to collect the data, and the not be located on or in the center purposes (i.e., purposes other than the reporting format. The plan must provide console (i.e., neither on the horizontal required OBD functions). However, if for effective collection of data from, at faces near the floor-mounted gear the additional connector conforms to least, 15 vehicles per monitoring selector, parking brake lever, or cup- the ‘‘Type A’’ specifications of SAE performance group and provide for data holders nor on the vertical faces near J1962 (as specified in paragraph (k)(1) of that represent a broad range of the car stereo, climate system, or this section) or the specifications of SAE temperature conditions. The plan shall navigation system controls). The J1939–13 (as specified in paragraph not, by design, exclude or include location of the connector shall be (k)(1) of this section) and is located in specific vehicles in an attempt to collect capable of being easily identified and the vehicle interior near the required data only from vehicles expected to accessed (e.g., to connect an off-board connector as described in this paragraph have the highest in-use performance tool). For vehicles equipped with a (k)(2), the connector(s) must be labeled ratios. driver’s side door, the connector must clearly to identify which connector is (vi) The 12 month deadline for be identified and accessed easily by used to access the standardized OBD reporting may be extended to 18 months someone standing (or ‘‘crouched’’) on information required by paragraph (k) of if the manufacturer can show that the the ground outside the driver’s side of this section. delay is justified. In such a case, an the vehicle with the driver’s side door (3) Communications to a scan tool. interim report of progress to date must open. The Administrator may approve For model years 2013 and later, all OBD be submitted within the 12 month an alternative location upon request control modules (e.g., engine, auxiliary deadline. from the manufacturer. In all cases, the emission control module) on a single (k) Standardization requirements. installation position of the connector vehicle must use the same protocol for (1) Reference materials. The following must be both identified and accessed communication of required emission- documents are incorporated by easily by someone standing outside the related messages from on-board to off-

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board network communications to a monitored components or systems must signals may report an error state or other scan tool meeting SAE J1978 (as indicate ‘‘not complete’’ whenever predefined status indicator if they are specified in paragraph (k)(1) of this diagnostic memory has been cleared or defined for those signals in the SAE section) specifications or designed to erased by a means other than that J1979 or SAE J1939 (both as specified in communicate with an SAE J1939 (as allowed in paragraph (b) of this section. paragraph (k)(1) of this section) specified in paragraph (k)(1) of this Normal vehicle shut down (i.e., key-off/ specifications. section) network. Engine manufacturers engine-off) shall not cause the status to (A) For gasoline engines. shall not alter normal operation of the indicate ‘‘not complete.’’ (1) Calculated load value, engine engine emission control system due to (A) The manufacturer may request coolant temperature, engine speed, the presence of off-board test equipment that the ready status for a monitor be set vehicle speed, and time elapsed since accessing information required by this to indicate ‘‘complete’’ without the engine start. paragraph (k). The OBD system must monitor having completed if monitoring (2) Absolute load, fuel level (if used use one of the following standardized is disabled for a multiple number of to enable or disable any other monitors), protocols: drive cycles due to the continued barometric pressure (directly measured (i) ISO 15765–4:2005(E) (as specified presence of extreme operating or estimated), engine control module in paragraph (k)(1) of this section). All conditions (e.g., cold ambient system voltage, and commanded required emission-related messages temperatures, high altitudes). Any such equivalence ratio. using this protocol must use a 500 kbps request must specify the conditions for (3) Number of stored MIL-on DTCs, baud rate. monitoring system disablement and the catalyst temperature (if directly (ii) SAE J1939 (as specified in number of drive cycles that would pass measured or estimated for purposes of paragraph (k)(1) of this section). This without monitor completion before enabling the catalyst monitor(s)), protocol may only be used on vehicles ready status would be indicated as monitor status (i.e., disabled for the rest with diesel engines. ‘‘complete.’’ of this drive cycle, complete this drive (4) Required emission related (B) For the evaporative system cycle, or not complete this drive cycle) functions. The following functions must monitor, the ready status must be set in since last engine shut-off for each be implemented and must be accessible accordance with this paragraph (k)(4)(i) monitor used for ready status, distance by, at a minimum, a manufacturer scan when both the functional check of the traveled (or engine run time for engines tool. For model years 2013 and later, the purge valve and, if applicable, the leak not using vehicle speed information) following standardized functions must detection monitor of the hole size while MIL activated, distance traveled be implemented in accordance with the specified in paragraph (h)(7)(ii)(B) of (or engine run time for engines not specifications in SAE J1979 (as specified this section indicate that they are using vehicle speed information) since in paragraph (k)(1) of this section) or complete. DTC memory last erased, and number of SAE J1939 (as specified in paragraph (C) If the manufacturer elects to warm-up cycles since DTC memory last (k)(1) of this section) to allow for access indicate ready status through the MIL in erased, OBD requirements to which the to the required information by a scan the key-on/engine-off position as engine is certified (e.g., California OBD, tool meeting SAE J1978 (as specified in provided for in paragraph (b)(1)(iii) of EPA OBD, European OBD, non-OBD) paragraph (k)(1) of this section) this section, the ready status must be and MIL status (i.e., commanded-on or specifications or designed to indicated in the following manner: If the commanded-off). communicate with an SAE J1939 (as ready status for all monitored (B) For diesel engines. specified in paragraph (k)(1) of this components or systems is ‘‘complete,’’ (1) Calculated load (engine torque as section) network: the MIL shall remain continuously a percentage of maximum torque (i) Ready status. The OBD system activated in the key-on/engine-off available at the current engine speed), must indicate, in accordance with SAE position for at least 10–20 seconds. If driver’s demand engine torque (as a J1979 or SAE J1939–73 (both as the ready status for one or more of the percentage of maximum engine torque), specified in paragraph (k)(1) of this monitored components or systems is actual engine torque (as a percentage of section) specifications for model years ‘‘not complete,’’ after at least 5 seconds maximum engine torque), reference 2013 and later, ‘‘complete’’ or ‘‘not of operation in the key-on/engine-off engine maximum torque, reference complete’’ for each of the installed position with the MIL activated maximum engine torque as a function of monitored components and systems continuously, the MIL shall blink once engine speed (suspect parameter identified in paragraphs (g), (h) with the per second for 5–10 seconds. The data numbers (SPN) 539 through 543 defined exception of (h)(4), and (i)(3) of this stream value for MIL status as required by SAE J1939 (as specified in paragraph section. All components or systems in paragraph (k)(4)(ii) of this section (k)(1) of this section) within parameter identified in paragraphs (h)(1), (h)(2), or must indicate ‘‘commanded off’’ during group number (PGN) 65251 for engine (i)(3) of this section that are monitored this sequence unless the MIL has also configuration), engine coolant continuously must always indicate been ‘‘commanded on’’ for a detected temperature, engine oil temperature (if ‘‘complete.’’ Components or systems malfunction. used for emission control or any OBD that are not subject to being monitored (ii) Data stream. For model years 2010 monitors), engine speed, and time continuously must immediately indicate through 2012, the following signals elapsed since engine start. ‘‘complete’’ upon the respective must be made available on demand (2) Fuel level (if used to enable or monitor(s) being executed fully and through the data link connector. For disable any other monitors), vehicle determining that the component or model years 2013 and later, the speed (if used for emission control or system is not malfunctioning. A following signals must be made any OBD monitors), barometric pressure component or system must also indicate available on demand through the (directly measured or estimated), and ‘‘complete’’ if, after the requisite standardized data link connector in engine control module system voltage. number of decisions necessary for accordance with SAE J1979 or SAE (3) Number of stored MIL-on DTCs, determining MIL status has been J1939 (both as specified in paragraph monitor status (i.e., disabled for the rest executed fully, the monitor indicates a (k)(1) of this section) specifications. The of this drive cycle, complete this drive malfunction of the component or actual signal value must always be used cycle, or not complete this drive cycle) system. The status for each of the instead of a limp home value. Data link since last engine shut-off for each

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monitor used for ready status, distance variable geometry turbo position, connector in a standardized format in traveled (or engine run time for engines commanded variable geometry turbo accordance with SAE J1939 (as specified not using vehicle speed information) position, turbocharger compressor inlet in paragraph (k)(1) of this section) or while MIL activated, distance traveled temperature, turbocharger compressor ISO 15765–4:2005(E) (as specified in (or engine run time for engines not inlet pressure, turbocharger turbine inlet paragraph (k)(1) of this section) using vehicle speed information) since temperature, turbocharger turbine outlet specifications; standardized DTCs DTC memory last erased, number of temperature, waste gate valve position, conforming to the applicable warm-up cycles since DTC memory last and glow plug lamp status. standardized specifications must be erased, OBD requirements to which the (2) Oxygen sensor output, air/fuel employed. engine is certified (e.g., California OBD, ratio sensor output, NOX sensor output, (B) The stored DTC must, to the extent EPA OBD, European OBD, non-OBD), and evaporative system vapor pressure. possible, pinpoint the probable cause of and MIL status (i.e., commanded-on or (iii) Freeze frame. the malfunction or potential commanded-off). (A) For model years 2010 through malfunction. To the extent feasible, the (4) NOX NTE control area status (i.e., 2012, ‘‘Freeze frame’’ information manufacturer must use separate DTCs inside control area, outside control area, required to be stored pursuant to for every monitor where the monitor inside manufacturer-specific NOX NTE paragraphs (b)(2)(iv), (h)(1)(iv)(D), and and repair procedure or probable cause carve-out area, or deficiency active area) (h)(2)(vi) of this section must be made of the malfunction is different. In and PM NTE control area status (i.e., available on demand through the data general, rationality and functional inside control area, outside control area, link connector. For model years 2013 checks must use different DTCs than the inside manufacturer-specific PM NTE and later, ‘‘Freeze frame’’ information respective circuit integrity checks. carve-out area, or deficiency active required to be stored pursuant to Additionally, to the extent possible, area). paragraphs (b)(2)(iv), (h)(1)(iv)(D), and input component circuit integrity (5) For purposes of the calculated load (h)(2)(vi) of this section must be made checks must use different DTCs for and torque parameters in paragraph available on demand through the distinct malfunctions (e.g., out-of-range (k)(4)(ii)(B)(1) of this section, standardized data link connector in low, out-of-range high, open circuit). manufacturers must report the most accordance with SAE J1979 or SAE (C) The manufacturer must use accurate values that are calculated J1939–73 (both as specified in paragraph appropriate standard-defined DTCs within the applicable electronic control (k)(1) of this section) specifications. whenever possible. With Administrator unit (e.g., the engine control module). (B) ‘‘Freeze frame’’ conditions must approval, the manufacturer may use Most accurate, in this context, must be include the DTC that caused the data to manufacturer-defined DTCs in of sufficient accuracy, resolution, and be stored along with all of the signals accordance with the applicable filtering to be used for the purposes of required in paragraphs (k)(4)(ii)(A)(1) standard’s specifications. To do so, the in-use emission testing with the engine and (k)(4)(ii)(B)(1) of this section. Freeze manufacturer must be able to show a still in a vehicle (e.g., using portable frame conditions must also include all lack of available standard-defined DTCs, emission measurement equipment). of the signals required on the engine in uniqueness of the monitor or monitored (C) For all engines so equipped. paragraphs (k)(4)(ii)(A)(2) and component, expected future usage of the (1) Absolute throttle position, relative (k)(4)(ii)(B)(2) of this section, and monitor or component, and estimated throttle position, fuel control system paragraph (k)(4)(ii)(C)(1) of this section usefulness in providing additional status (e.g., open loop, closed loop), fuel that are used for diagnostic or control diagnostic and repair information to trim, fuel pressure, ignition timing purposes in the specific monitor or service technicians. Manufacturer- advance, fuel injection timing, intake emission-critical powertrain control defined DTCs must be used in a air/manifold temperature, engine unit that stored the DTC. consistent manner (i.e., the same DTC intercooler temperature, manifold (C) Only one frame of data is required shall not be used to represent two absolute pressure, air flow rate from to be recorded. For model years 2010 different failure modes) across a mass air flow sensor, secondary air through 2012, the manufacturer may manufacturer’s entire product line. status (upstream, downstream, or choose to store additional frames (D) For model years 2010 through atmosphere), ambient air temperature, provided that at least the required frame 2012, a pending or MIL-on DTC (as commanded purge valve duty cycle/ can be read by, at a minimum, a required in paragraphs (g) through (i) of position, commanded EGR valve duty manufacturer scan tool. For model years this section) must be stored and cycle/position, actual EGR valve duty 2013 and later, the manufacturer may available to, at a minimum, a cycle/position, EGR error between choose to store additional frames manufacturer scan tool within 10 actual and commanded, PTO status provided that at least the required frame seconds after a monitor has determined (active or not active), redundant can be read by a scan tool meeting SAE that a malfunction or potential absolute throttle position (for electronic J1978 (as specified in paragraph (k)(1) of malfunction has occurred. A permanent throttle or other systems that utilize two this section) specifications or designed DTC must be stored and available to, at or more sensors), absolute pedal to communicate with an SAE J1939 (as a minimum, a manufacturer scan tool no position, redundant absolute pedal specified in paragraph (k)(1) of this later than the end of an ignition cycle position, commanded throttle motor section) network. in which the corresponding MIL-on position, fuel rate, boost pressure, (iv) Diagnostic trouble codes. DTC that caused MIL activation has commanded/target boost pressure, turbo (A) For model years 2010 through been stored. For model years 2013 and inlet air temperature, fuel rail pressure, 2012, For all monitored components later, a pending or MIL-on DTC (as commanded fuel rail pressure, DPF inlet and systems, any stored pending, MIL- required in paragraphs (g) through (i) of pressure, DPF inlet temperature, DPF on, and previous-MIL-on DTCs must be this section) must be stored and outlet pressure, DPF outlet temperature, made available through the diagnostic available to an SAE J1978 (as specified DPF delta pressure, exhaust pressure connector. For model years 2013 and in paragraph (k)(1) of this section) or sensor output, exhaust gas temperature later, all monitored components and SAE J1939 (as specified in paragraph sensor output, injection control systems, any stored pending, MIL-on, (k)(1) of this section) scan tool within 10 pressure, commanded injection control and previous-MIL-on DTCs must be seconds after a monitor has determined pressure, turbocharger/turbine speed, made available through the diagnostic that a malfunction or potential

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malfunction has occurred. A permanent NVRAM. If the number of MIL-on DTCs cleared must report values of zero for DTC must be stored and available to an currently commanding activation of the the test result and test limits. SAE J1978 (as specified in paragraph MIL exceeds the maximum number of (E) All test results and test limits must (k)(1) of this section) or SAE J1939 (as permanent DTCs that can be stored, the always be reported and the test results specified in paragraph (k)(1) of this OBD system must store the earliest must be stored until updated by a more section) scan tool no later than the end detected MIL-on DTC as permanent recent valid test result or the DTC of an ignition cycle in which the DTC. If additional MIL-on DTCs are memory of the OBD system computer is corresponding MIL-on DTC that caused stored when the maximum number of cleared. MIL activation has been stored. permanent DTCs is already stored in (F) The OBD system must store and (E) For model years 2010 through NVRAM, the OBD system shall not report unique test results for each 2012, pending DTCs for all components replace any existing permanent DTC separate monitor. and systems (including those monitored with the additional MIL-on DTCs. (G) The requirements of this continuously and non-continuously) (v) Test results. paragraph (k)(4)(v) do not apply to must be made available through the (A) For model years 2010 through continuous fuel system monitoring, cold diagnostic connector. For model years 2012 and except as provided for in start emission reduction strategy 2013 and later, pending DTCs for all paragraph (k)(4)(v)(G) of this section, for monitoring, and continuous circuit monitoring. components and systems (including all monitored components and systems (vi) Software calibration identification those monitored continuously and non- identified in paragraphs (g) and (h) of (CAL ID). On all engines, a single continuously) must be made available this section, results of the most recent through the diagnostic connector in software calibration identification monitoring of the components and number (CAL ID) for each monitor or accordance with the applicable systems and the test limits established standard’s specifications. For all model emission critical control unit(s) must be for monitoring the respective made available through, for model years years, a manufacturer using alternative components and systems must be stored statistical protocols for MIL activation 2010 through 2012, the data link and available through the data link. For connector or, for model years 2013 and as allowed in paragraph (b)(2)(iii) of this model years 2013 and later and except section must submit the details of their later, the standardized data link as provided for in paragraph (k)(4)(v)(G) connector in accordance with the SAE protocol for setting pending DTCs. The of this section, for all monitored protocol must be, overall, equivalent to J1979 or SAE J1939 (both as specified in components and systems identified in paragraph (k)(1) of this section) the requirements of this paragraph paragraphs (g) and (h) of this section, (k)(4)(iv)(E) and provide service specifications. A unique CAL ID must results of the most recent monitoring of be used for every emission-related technicians with a quick and accurate the components and systems and the indication of a potential malfunction. calibration and/or software set having at test limits established for monitoring the (F) For model years 2010 through least one bit of different data from any respective components and systems 2012, permanent DTC for all other emission-related calibration and/ components and systems must be made must be stored and available through or software set. Control units coded available through the diagnostic the data link in accordance with the with multiple emission or diagnostic connector in a format that distinguishes standardized format specified in SAE calibrations and/or software sets must permanent DTCs from pending DTCs, J1979 (as specified in paragraph (k)(1) of indicate a unique CAL ID for each MIL-on DTCs, and previous-MIL-on this section) for engines using the ISO variant in a manner that enables an off- DTCs. A MIL-on DTC must be stored as 15765–4:2005(E) (as specified in board device to determine which variant a permanent DTC no later than the end paragraph (k)(1) of this section) protocol is being used by the engine. Control of the ignition cycle and subsequently at or SAE J1939 (as specified in paragraph units that use a strategy that will result all times that the MIL-on DTC is (k)(1) of this section). in MIL activation if the incorrect variant commanding the MIL on. For model (B) The test results must be reported is used (e.g., control units that contain years 2013 and later, permanent DTC for such that properly functioning variants for manual and automatic all components and systems must be components and systems (e.g., transmissions but will activate the MIL made available through the diagnostic ‘‘passing’’ systems) do not store test if the selected variant does not match connector in a standardized format that values outside of the established test the type of transmission mated to the distinguishes permanent DTCs from limits. Test limits must include both engine) are not required to use unique pending DTCs, MIL-on DTCs, and minimum and maximum acceptable CAL IDs. Manufacturers may request previous-MIL-on DTCs. A MIL-on DTC values and must be defined so that a test Administrator approval to respond with must be stored as a permanent DTC no result equal to either test limit is a more than one CAL ID per diagnostic or later than the end of the ignition cycle ‘‘passing’’ value, not a ‘‘failing’’ value. emission critical control unit. and subsequently at all times that the (C) For model years 2013 and later, Administrator approval of the request MIL-on DTC is commanding the MIL on. the test results must be standardized shall be based on the method used by For all model years, permanent DTCs such that the name of the monitored the manufacturer to ensure each control must be stored in non-volatile random component (e.g., catalyst bank 1) can be unit will respond to a scan tool with the access memory (NVRAM) and shall not identified by a generic scan tool and the CAL IDs in order of highest to lowest be erasable by any scan tool command test results and limits can be scaled and priority with regards to areas of the or by disconnecting power to the on- reported by a generic scan tool with the software most critical to emission and board computer. Permanent DTCs must appropriate engineering units. OBD system performance. be erasable if the engine control module (D) The test results must be stored (vii) Software calibration verification is reprogrammed and the ready status until updated by a more recent valid test number (CVN). described in paragraph (k)(4)(i) of this result or the DTC memory of the OBD (A) All engines must use an algorithm section for all monitored components system computer is cleared. Upon DTC to calculate a single calibration and systems are set to ‘‘not complete.’’ memory being cleared, test results verification number (CVN) that verifies The OBD system must have the ability reported for monitors that have not yet the on-board computer software to store a minimum of four current MIL- completed with valid test results since integrity for each monitor or emission on DTCs as permanent DTCs in the last time the fault memory was critical control unit that is electronically

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reprogrammable. The CVN must be vehicle shut down (i.e., key-off/engine- allow a scan tool to erase a subset of the made available through, for model years off). emission-related diagnostic information 2010 through 2012, the data link (D) For model years 2013 and later, (e.g., the OBD system shall not allow a connector or, for model years 2013 and the CVN and CAL ID combination scan tool to erase only one of three later, the standardized data link information must be available for all stored DTCs or only information from connector in accordance with the SAE engines/vehicles in a standardized one control unit without erasing J1979 or SAE J1939 (both as specified in electronic format that allows for off- information from the other control paragraph (k)(1) of this section) board verification that the CVN is valid unit(s)). specifications. The CVN must indicate and appropriate for a specific vehicle (5) In-use performance ratio tracking whether the emission-related software and CAL ID. requirements. and/or calibration data are valid and (viii) Vehicle identification number (i) For each monitor required in applicable for the given vehicle and (VIN). paragraphs (g) through (i) of this section CAL ID. For systems having more than (A) For model years 2010 through to separately report an in-use one CAL ID as allowed under paragraph 2012, all vehicles must have the vehicle performance ratio, manufacturers must (k)(4)(vi) of this section, one CVN must identification number (VIN) available implement software algorithms to, for be made available for each CAL ID and through the data link connector to, at a model years 2010 through 2012, report must be output to a scan tool in the minimum, a manufacturer scan tool a numerator and denominator or, for same order as the corresponding CAL Only one electronic control unit per model years 2013 and later, report a IDs. For 2010 through 2012, vehicle may report the VIN to a scan numerator and denominator in the tool. For model years 2013 and later, all manufacturers may use a default value standardized format specified in this vehicles must have the vehicle for the CVN if their emissions critical paragraph (k)(5) in accordance with the identification number (VIN) available in powertrain control modules are not SAE J1979 or SAE J1939 (both as a standardized format through the programmable in the field. For all years, specified in paragraph (k)(1) of this standardized data link connector in manufacturers may use a default value section) specifications. accordance with SAE J1979 or SAE for the CVN if their emissions critical (ii) For the numerator, denominator, J1939 (both as specified in paragraph powertrain control modules are one- general denominator, and ignition cycle (k)(1) of this section) specifications. time programmable or masked read-only Only one electronic control unit per counters required by paragraph (e) of memory. Any default CVN shall be vehicle may report the VIN to an SAE this section, the following numerical 00000000 for systems designed in J1978 or SAE J1939 (both as specified in value specifications apply: accordance with the SAE J1979 (as paragraph (k)(1) of this section) scan (A) Each number shall have a specified in paragraph (k)(1) of this tool. minimum value of zero and a maximum section) specifications, and FFFFFFFFh (B) If the VIN is reprogrammable, all value of 65,535 with a resolution of one. for systems designed in accordance with emission-related diagnostic information (B) Each number shall be reset to zero the SAE J1939 (as specified in paragraph identified in paragraph (k)(4)(ix)(A) of only when a non-volatile random access (k)(1) of this section) specifications. this section must be erased in memory (NVRAM) reset occurs (e.g., (B) The CVN algorithm used to conjunction with reprogramming of the reprogramming event) or, if the numbers calculate the CVN must be of sufficient VIN. are stored in keep-alive memory (KAM), complexity that the same CVN is (ix) Erasure of diagnostic information. when KAM is lost due to an difficult to achieve with modified (A) For purposes of this paragraph interruption in electrical power to the calibration values. (k)(4)(ix), ‘‘emission-related diagnostic control unit (e.g., battery disconnect). (C) The CVN must be calculated at information’’ includes all of the Numbers shall not be reset to zero under least once per ignition cycle and stored following: ready status as required by any other circumstances including until the CVN is subsequently updated. paragraph (k)(4)(i) of this section; data when a scan tool command to clear Except for immediately after a stream information as required by DTCs or reset KAM is received. reprogramming event or a non-volatile paragraph (k)(4)(ii) of this section (C) To avoid overflow problems, if memory clear or for the first 30 seconds including the number of stored MIL-on either the numerator or denominator for of engine operation after a volatile DTCs, distance traveled while MIL a specific component reaches the memory clear or battery disconnect, the activated, number of warm-up cycles maximum value of 65,535 ±2, both stored value must be made available since DTC memory last erased, and numbers shall be divided by two before through, for model years 2010 through distance traveled since DTC memory either is incremented again. 2012, the data link connector to, at a last erased; freeze frame information as (D) To avoid overflow problems, if the minimum, a manufacturer scan tool or, required by paragraph (k)(4)(iii) of this ignition cycle counter reaches the for model years 2013 and later, the data section; pending, MIL-on, and previous- maximum value of 65,535 ±2, the link connector to a generic scan tool in MIL-on DTCs as required by paragraph ignition cycle counter shall rollover and accordance with SAE J1979 or SAE (k)(4)(iv) of this section; and, test results increment to zero on the next ignition J1939 (both as specified in paragraph as required by paragraph (k)(4)(v) of this cycle. (k)(1) of this section) specifications. For section. (E) To avoid overflow problems, if the model years 2010 through 2012, the (B) For all engines, the emission- general denominator reaches the stored CVN value shall not be erased related diagnostic information must be maximum value of 65,535 ±2, the when DTC memory is erased or during erased if commanded by any scan tool general denominator shall rollover and normal vehicle shut down (i.e., key-off/ and may be erased if the power to the increment to zero on the next drive engine-off). For model years 2013 and on-board computer is disconnected. If cycle that meets the general later, the stored CVN value shall not be any of the emission-related diagnostic denominator definition. erased when DTC memory is erased by information is commanded to be erased (F) If a vehicle is not equipped with a generic scan tool in accordance with by any scan tool, all emission-related a component (e.g., oxygen sensor bank SAE J1979 or SAE J1939 (both as diagnostic information must be erased 2, secondary air system), the specified in paragraph (k)(1) of this from all diagnostic or emission critical corresponding numerator and section) specifications or during normal control units. The OBD system shall not denominator for that specific

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component shall always be reported as manufacturer scan tool and may be (A) A manufacturer certifying one to zero. rescaled when transmitted from a five engine families in a given model (iii) For the ratio required by resolution of one second per bit to no year must provide emissions test data paragraph (e) of this section, the more than three minutes per bit. For for a single test engine from one engine following numerical value model years 2013 and later, the counters rating. A manufacturer certifying six to specifications apply: shall be made available to a generic scan ten engine families in a given model (A) The ratio shall have a minimum tool in accordance with the SAE J1979 year must provide emissions test data value of zero and a maximum value of or SAE J1939 (both as specified in for a single test engine from two 7.99527 with a resolution of 0.000122. paragraph (k)(1) of this section) different engine ratings. A manufacturer (B) The ratio for a specific component specifications and may be rescaled certifying eleven or more engine shall be considered to be zero whenever when transmitted, if required by the families in a given model year must the corresponding numerator is equal to SAE specifications, from a resolution of provide emissions test data for a single zero and the corresponding one second per bit to no more than three test engine from three different engine denominator is not zero. minutes per bit. ratings. A manufacturer may forego (C) The ratio for a specific component (7) For 2019 and subsequent model submittal of test data for one or more of shall be considered to be the maximum year alternative-fueled engines derived these test engines if data have been value of 7.99527 if the corresponding from a diesel-cycle engine, a submitted previously for all of the denominator is zero or if the actual manufacturer may meet the engine ratings and/or if all requirements value of the numerator divided by the standardization requirements of for certification carry-over from one denominator exceeds the maximum paragraph (k) of this section that are model year to the next are satisfied. value of 7.99527. applicable to diesel engines rather than (B) For a given model year, a (6) Engine run time tracking the requirements applicable to gasoline manufacturer may elect to provide requirements. engines. emissions data for test engines from (i) For all gasoline and diesel engines, (l) Monitoring system demonstration more engine ratings than required by the manufacturer must implement requirements for certification. paragraph (l)(2)(iii)(A) of this section. software algorithms to, for model years (1) General. For each additional engine rating tested 2010 through 2012, track and report (i) The manufacturer must submit in that given model year, the number of individually or, for model years 2013 emissions test data from one or more engine ratings required for testing in one and later, track and report individually durability demonstration test engines future model year will be reduced by in a standardized format the amount of (test engines). one. time the engine has been operated in the (ii) The Administrator may approve (iv) For the test engine, the following conditions: other demonstration protocols if the manufacturer must use an engine (A) Total engine run time. manufacturer can provide comparable (excluding aftertreatment devices) aged (B) Total idle run time (with ‘‘idle’’ assurance that the malfunction criteria for a minimum of 125 hours fitted with defined as accelerator pedal released by are chosen based on meeting the exhaust aftertreatment emission controls the driver, engine speed less than or malfunction criteria requirements and aged to be representative of useful life equal to 200 rpm above normal warmed- that the timeliness of malfunction aging. In the event that an accelerated up idle (as determined in the drive detection is within the constraints of the aging procedure is used, the position for vehicles equipped with an applicable monitoring requirements. manufacturer is required to submit a automatic transmission) or vehicle (iii) For flexible fuel engines capable description of the accelerated aging speed less than or equal to one mile per of operating on more than one fuel or process and/or supporting data or use hour, and power take-off not active). fuel combinations, the manufacturer the accelerated aging procedure used for (C) Total run time with power take off must submit a plan for providing emission certification deterioration active. emission test data. The plan must factor generation. The process and/or (ii) For each counter specified in demonstrate that testing will represent data must demonstrate that paragraph (k)(6)(i) of this section, the properly the expected in-use fuel or fuel deterioration of the exhaust following numerical value combinations. aftertreatment emission controls is specifications apply: (2) Selection of test engines. stabilized sufficiently such that it (A) Each number shall be a four-byte (i) Prior to submitting any represents emission control value with a minimum value of zero, a applications for certification for a model performance at the end of the useful life. resolution of one second per bit, and an year, the manufacturer must notify the (3) Required testing. Except as accuracy of +/¥ ten seconds per drive Administrator regarding the planned otherwise described in this paragraph cycle. engine families and engine ratings (l)(3), the manufacturer must perform (B) Each number shall be reset to zero within each family for that model year. single malfunction testing based on the only when a non-volatile memory reset The Administrator will select the engine applicable test with the components/ occurs (e.g., reprogramming event). family(ies) and the specific engine systems set at their malfunction criteria Numbers shall not be reset to zero under rating within the engine family(ies) that limits as determined by the any other circumstances including the manufacturer shall use as manufacturer for meeting the emissions when a scan tool (generic or enhanced) demonstration test engines. The thresholds required in paragraphs (g), command to clear fault codes or reset selection of test vehicles for production (h), and (i) of this section. KAM is received. evaluation testing as specified in (i) Required testing for diesel-fueled/ (C) To avoid overflow problems, if paragraph (j)(2) of this section may take compression ignition engines. any of the individual counters reach the place during this selection process. (A) Fuel system. The manufacturer maximum value, all counters shall be (ii) For model years 2010 through must perform a separate test for each divided by two before any are 2012. The manufacturer must provide malfunction limit established by the incremented again. emissions test data from the OBD parent manufacturer for the fuel system (D) For model years 2010 through rating as defined in paragraph (o)(1) of parameters (e.g., fuel pressure, injection 2012, the counters shall be made this section. timing) specified in paragraphs available to, at a minimum, a (iii) For model years 2013 and later. (g)(1)(ii)(A) through (g)(1)(ii)(C) and/or

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(g)(1)(ii)(D) of this section, if applicable, (F) NOX catalyst. The manufacturer performing a test, all exhaust gas of this section. When performing a test must perform a separate test for each sensors used for the same purpose (e.g., for a specific parameter, the fuel system monitored NOX catalyst(s) (e.g., SCR for the same feedback control loop, for must be operating at the malfunction catalyst). The catalyst(s) being evaluated the same control feature on parallel criteria limit for the applicable must be deteriorated to the applicable exhaust banks) must be operating at the parameter only. All other parameters malfunction criteria established by the malfunction criteria limit for the must be operating with normal manufacturer for the monitoring applicable parameter only. All other characteristics. In conducting the fuel required by paragraphs (g)(6)(ii)(A) and exhaust gas sensor parameters must be system demonstration tests, the (g)(6)(ii)(B) of this section and using operating with normal characteristics. manufacturer may use computer methods established by the (J) VVT system. The manufacturer modifications to cause the fuel system manufacturer in accordance with must perform a separate test for each to operate at the malfunction limit if the paragraph (l)(7) of this section. For each malfunction limit established by the manufacturer can demonstrate that the monitored NOX catalyst(s), the manufacturer for the monitoring computer modifications produce test manufacturer must also demonstrate required in paragraphs (g)(10)(ii)(A) and results equivalent to an induced that the OBD system will detect a (g)(10)(ii)(B) of this section. In hardware malfunction. catalyst malfunction with the catalyst at conducting the VVT system (B) Engine misfire. For model years its maximum level of deterioration (i.e., demonstration tests, the manufacturer 2013 and later, the manufacturer must the substrate(s) completely removed may use computer modifications to perform a test at the malfunction limit from the catalyst container or ‘‘empty’’ cause the VVT system to operate at the established by the manufacturer for the can). Emissions data are not required for malfunction limit if the manufacturer monitoring required by paragraph the empty can demonstration. can demonstrate that the computer (g)(2)(ii)(B) of this section. (G) NOX adsorber. The manufacturer modifications produce test results (C) EGR system. The manufacturer must perform a test using a NOX equivalent to an induced hardware must perform a separate test for each adsorber(s) deteriorated to the malfunction. malfunction limit established by the applicable malfunction limit established (K) For each of the testing manufacturer for the EGR system by the manufacturer for the monitoring requirements of this paragraph (l)(3)(i) parameters (e.g., low flow, high flow, required by paragraph (g)(7)(ii)(A) of of this section, if the manufacturer has slow response) specified in paragraphs this section. The manufacturer must established that only a functional check (g)(3)(ii)(A) through (g)(3)(ii)(C) and in also demonstrate that the OBD system is required because no failure or (g)(3)(ii)(E) of this section. In conducting will detect a NOX adsorber malfunction deterioration of the specific tested the EGR system slow response with the NOX adsorber at its maximum system could result in an engine’s demonstration tests, the manufacturer level of deterioration (i.e., the emissions exceeding the applicable may use computer modifications to substrate(s) completely removed from emissions thresholds, the manufacturer cause the EGR system to operate at the the container or ‘‘empty’’ can). is not required to perform a malfunction limit if the manufacturer Emissions data are not required for the demonstration test; however, the can demonstrate that the computer empty can demonstration. manufacturer is required to provide the modifications produce test results (H) Diesel particulate filter. The data and/or engineering analysis used to equivalent to an induced hardware manufacturer must perform a separate determine that only a functional test of malfunction. test using a DPF deteriorated to the the system(s) is required. (D) Turbo boost control system. The applicable malfunction limits (ii) Required testing for gasoline- manufacturer must perform a separate established by the manufacturer for the fueled/spark-ignition engines. test for each malfunction limit monitoring required by paragraph (A) Fuel system. For engines with established by the manufacturer for the (g)(8)(ii)(A) and (g)(8)(ii)(B) of this adaptive feedback based on the primary turbo boost control system parameters section. For systems using the optional fuel control sensor(s), the manufacturer (e.g., underboost, overboost, response) DPF monitoring provision of paragraph must perform a test with the adaptive specified in paragraphs (g)(4)(ii)(A) (g)(8)(ii)(A) of this section, the feedback based on the primary fuel through (g)(4)(ii)(C) and in (g)(4)(ii)(E) of manufacturer must perform a separate control sensor(s) at the rich limit(s) and this section. test using a DPF modified in a manner a test at the lean limit(s) established by (E) NMHC catalyst. The manufacturer approved by the Administrator (e.g., the manufacturer as required by must perform a separate test for each drilling of wallflow channel end plugs, paragraph (h)(1)(ii)(A) of this section to monitored NMHC catalyst(s). The drilling of through holes, etc.) and detect a malfunction before emissions catalyst(s) being evaluated must be testing at each of the nine test points exceed applicable emissions thresholds. deteriorated to the applicable specified in paragraph (g)(8)(ii)(A) of For engines with feedback based on a malfunction limit established by the this section. The manufacturer must secondary fuel control sensor(s) and manufacturer for the monitoring also demonstrate that the OBD system subject to the malfunction criteria in required by paragraph (g)(5)(ii)(A) of will detect a DPF malfunction with the paragraph (h)(1)(ii)(A) of this section, this section and using methods DPF at its maximum level of the manufacturer must perform a test established by the manufacturer in deterioration (i.e., the filter(s) with the feedback based on the accordance with paragraph (l)(7) of this completely removed from the filter secondary fuel control sensor(s) at the section. For each monitored NMHC container or ‘‘empty’’ can). Emissions rich limit(s) and a test at the lean catalyst(s), the manufacturer must also data are not required for the empty can limit(s) established by the manufacturer demonstrate that the OBD system will demonstration. as required by paragraph (h)(1)(ii)(A) of detect a catalyst malfunction with the (I) Exhaust gas sensor. The this section to detect a malfunction catalyst at its maximum level of manufacturer must perform a separate before emissions exceed the applicable deterioration (i.e., the substrate(s) test for each malfunction limit emissions thresholds. For other fuel completely removed from the catalyst established by the manufacturer for the metering or control systems, the container or ‘‘empty’’ can). Emissions monitoring required in paragraphs manufacturer must perform a test at the data are not required for the empty can (g)(9)(ii)(A), (g)(9)(iii)(A), and criteria limit(s). For purposes of fuel demonstration. (g)(9)(iv)(A) of this section. When system testing as required by this

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paragraph (l)(3)(ii)(A), the When performing additional test(s), all equipment necessary to duplicate the malfunction(s) induced may result in a primary and secondary (if applicable) demonstration test must be made uniform distribution of fuel and air exhaust gas sensors used for emission available to the Administrator upon among the cylinders. Non uniform control must be operating at the request. distribution of fuel and air used to malfunction criteria limit for the (4) Testing protocol. induce a malfunction shall not cause applicable parameter only. All other (i) Preconditioning. The manufacturer misfire. In conducting the fuel system primary and secondary exhaust gas must use an applicable cycle for demonstration tests, the manufacturer sensor parameters must be operating preconditioning test engines prior to may use computer modifications to with normal characteristics. conducting each of the emission tests cause the fuel system to operate at the (H) VVT system. The manufacturer required by paragraph (l)(3) of this malfunction limit. To do so, the must perform a test at each target error section. The manufacturer may perform manufacturer must be able to limit and slow response limit calibrated a single additional preconditioning demonstrate that the computer to the malfunction criteria specified in cycle, identical to the initial one, after modifications produce test results paragraphs (h)(9)(ii)(A) and (h)(9)(ii)(B) a 20-minute hot soak but must equivalent to an induced hardware of this section. In conducting the VVT demonstrate that such an additional malfunction. system demonstration tests, the cycle is necessary to stabilize the (B) Misfire. The manufacturer must manufacturer may use computer emissions control system. A practice of perform a test at the malfunction criteria modifications to cause the VVT system requiring a cold soak prior to limit specified in paragraph (h)(2)(ii)(B) to operate at the malfunction limit. To conducting preconditioning cycles is of this section. do so, the manufacturer must be able to not permitted. (C) EGR system. The manufacturer demonstrate that the computer (ii) Test sequence. must perform a test at each flow limit modifications produce test results (A) The manufacturer must set calibrated to the malfunction criteria equivalent to an induced hardware individually each system or component specified in paragraphs (h)(3)(ii)(A) and malfunction. on the test engine at the malfunction (h)(3)(ii)(B) of this section. (I) For each of the testing criteria limit prior to conducting the (D) Cold start emission reduction requirements of this paragraph (l)(3)(ii), applicable preconditioning cycle(s). If a strategy. The manufacturer must if the manufacturer has established that second preconditioning cycle is perform a test at the malfunction criteria only a functional check is required permitted in accordance with paragraph for each component monitored because no failure or deterioration of the (l)(4)(i) of this section, the manufacturer according to paragraph (h)(4)(ii)(A) of specific tested system could cause an this section. engine’s emissions to exceed the may adjust the system or component to (E) Secondary air system. The applicable emissions thresholds, the be tested before conducting the second manufacturer must perform a test at manufacturer is not required to perform preconditioning cycle. The each flow limit calibrated to the a demonstration test; however the manufacturer shall not replace, modify, malfunction criteria specified in manufacturer is required to provide the or adjust the system or component after paragraphs (h)(5)(ii)(A) and (h)(5)(ii)(B) data and/or engineering analyses used the last preconditioning cycle has been of this section. to determine that only a functional test completed. (F) Catalyst. The manufacturer must of the system(s) is required. (B) After preconditioning, the test perform a test using a catalyst system (iii) Required testing for all engines. engine must be operated over the deteriorated to the malfunction criteria (A) Other emission control systems. applicable cycle to allow for the initial specified in paragraph (h)(6)(ii) of this The manufacturer must conduct detection of the tested system or section using methods established by demonstration tests for all other component malfunction. This test cycle the manufacturer in accordance with emission control components (e.g., may be omitted from the testing paragraph (l)(7)(ii) of this section. The hydrocarbon traps, adsorbers) designed protocol if it is unnecessary. If required manufacturer must also demonstrate and calibrated to a malfunction limit by the monitoring strategy being tested, that the OBD system will detect a based on an emissions threshold based a cold soak may be performed prior to catalyst system malfunction with the on the requirements of paragraph (i)(4) conducting this test cycle. catalyst system at its maximum level of of this section. (C) The test engine must then be deterioration (i.e., the substrate(s) (B) For each of the testing operated over the applicable exhaust completely removed from the catalyst requirements of paragraph (l)(3)(iii)(A) emissions test. container or ‘‘empty’’ can). Emission of this section, if the manufacturer has (iii) A manufacturer required to test data are not required for the empty can established that only a functional check more than one test engine according to demonstration. is required because no failure or paragraph (l)(2)(iii) of this section may (G) Exhaust gas sensor. The deterioration of the specific tested use internal calibration sign-off test manufacturer must perform a test with system could result in an engine’s procedures (e.g., forced cool downs, less all primary exhaust gas sensors used for emissions exceeding the applicable frequently calibrated emission fuel control simultaneously possessing a emissions thresholds, the manufacturer analyzers) instead of official test response rate deteriorated to the is not required to perform a procedures to obtain the emission test malfunction criteria limit specified in demonstration test; however, the data required by this paragraph (l) of paragraph (h)(8)(ii)(A) of this section. manufacturer is required to provide the this section for all but one of the The manufacturer must also perform a data and/or engineering analysis used to required test engines. The manufacturer test for any other primary or secondary determine that only a functional test of may elect this option if the data from exhaust gas sensor parameter under the system(s) is required. the alternative test procedure are parargraphs (h)(8)(ii)(A) and (iv) The manufacturer may representative of official emissions test (h)(8)(iii)(A) of this section that can electronically simulate deteriorated results. A manufacturer using this cause engine emissions to exceed the components but shall not make any option is still responsible for meeting applicable emissions thresholds (e.g., engine control unit modifications when the malfunction criteria specified in shift in air/fuel ratio at which oxygen performing demonstration tests unless paragraphs (g) through (i) of this section sensor switches, decreased amplitude). approved by the Administrator. All if and when emissions tests are

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performed in accordance with official indicates that the component is submitted by the manufacturer for the test procedures. performing at or slightly better than the specific engine rating. (iv) The manufacturer may request malfunction criteria limit). When tested (7) Catalyst aging. approval to use an alternative testing with the component so adjusted, the (i) Diesel catalysts. For purposes of protocol for demonstration of MIL MIL must not activate during the test determining the catalyst malfunction activation if the engine dynamometer and the engine emissions must be below limits for the monitoring required by emission test cycle does not allow all of the applicable malfunction criteria paragraphs (g)(5)(ii)(A), (g)(5)(ii)(B), and a given monitor’s enable conditions to specified in paragraphs (g) through (i) of (g)(6)(ii)(A) of this section, where those be satisfied. The manufacturer may this section. catalysts are monitored individually, the request the use of an alternative engine (B) In testing the catalyst or DPF manufacturer must use a catalyst dynamometer test cycle or the use of system, if the MIL first activates after deteriorated to the malfunction criteria chassis testing to demonstrate proper emissions exceed the applicable using methods established by the MIL activation. To do so, the emissions threshold(s) specified in manufacturer to represent real world manufacturer must demonstrate the paragraphs (g) and (h), the tested engine catalyst deterioration under normal and technical necessity for using an shall be retested with a less deteriorated malfunctioning engine operating alternative test cycle and the degree to catalyst or DPF system (i.e., more of the conditions. For purposes of determining which the alternative test cycle applicable engine out pollutants are the catalyst malfunction limits for the demonstrates that in-use operation with converted or trapped). For the OBD monitoring required by paragraphs the malfunctioning component will system to be approved, testing shall be (g)(5)(ii)(A), (g)(5)(ii)(B), and (g)(6)(ii)(A) result in proper MIL activation. continued until the MIL activates with of this section, where those catalysts are (5) Evaluation protocol. Full OBD emissions below the applicable monitored in combination with other engine ratings, as defined by paragraph thresholds of paragraphs (g) and (h) of catalysts, the manufacturer must submit (o)(1) of this section, shall be evaluated this section, or the MIL activates with their catalyst system aging and according to the following protocol: emissions within a range no more than monitoring plan to the Administrator as (i) For all tests conducted as required 20 percent below the applicable part of their certification documentation by paragraph (l) of this section, the MIL emissions thresholds and 10 percent or package. The plan must include the must activate before the end of the first less above those emissions thresholds. description, emission control purpose, engine start portion of the applicable (iv) If an OBD system is determined and location of each component, the test. to be unacceptable by the criteria of this monitoring strategy for each component (ii) If the MIL activates prior to paragraph (l)(5) of this section, the and/or combination of components, and emissions exceeding the applicable manufacturer may recalibrate and retest the method for determining the malfunction criteria limits specified in the system on the same test engine. In applicable malfunction criteria paragraphs (g) through (i), no further such a case, the manufacturer must including the deterioration/aging demonstration is required. With respect confirm, by retesting, that all systems process. to the misfire monitor demonstration and components that were tested prior (ii) Gasoline catalysts. For the test, if the manufacturer has elected to to the recalibration and are affected by purposes of determining the catalyst use the minimum misfire malfunction it still function properly with the system malfunction criteria in criteria of one percent as allowed in recalibrated OBD system. paragraph (h)(6)(ii) of this section, the paragraphs (g)(2)(ii)(B), if applicable, (6) Confirmatory testing. manufacturer must use a catalyst system and (h)(2)(ii)(B) of this section, no (i) The Administrator may perform deteriorated to the malfunction criteria further demonstration is required confirmatory testing to verify the using methods established by the provided the MIL activates with engine emission test data submitted by the manufacturer to represent real world misfire occurring at the malfunction manufacturer as required by this catalyst deterioration under normal and criteria limit. paragraph (l) of this section comply malfunctioning operating conditions. (iii) If the MIL does not activate when with its requirements and the The malfunction criteria must be the system or component is set at its malfunction criteria set forth in established by using a catalyst system malfunction criteria limit(s), the criteria paragraphs (g) through (i) of this section. with all monitored and unmonitored limit(s) or the OBD system is not Such confirmatory testing is limited to (downstream of the sensor utilized for acceptable. the test engine(s) required by paragraph catalyst monitoring) catalysts (A) Except for testing of the catalyst (l)(2) of this section. simultaneously deteriorated to the or DPF system, if the MIL first activates (ii) To conduct this confirmatory malfunction criteria except for those after emissions exceed the applicable testing, the Administrator may install engines that use fuel shutoff to prevent malfunction criteria specified in appropriately deteriorated or over-fueling during engine misfire paragraphs (g) through (i) of this section, malfunctioning components (or conditions. For such engines, the the test engine shall be retested with the simulate them) in an otherwise properly malfunction criteria must be established tested system or component adjusted so functioning test engine of an engine by using a catalyst system with all that the MIL will activate before rating represented by the demonstration monitored catalysts simultaneously emissions exceed the applicable test engine in order to test any of the deteriorated to the malfunction criteria malfunction criteria specified in components or systems required to be while unmonitored catalysts shall be paragraphs (g) through (i) of this section. tested by paragraph (l) of this section. deteriorated to the end of the engine’s If the component cannot be so adjusted The manufacturer shall make available, useful life. because an alternative fuel or emission if requested, an engine and all test (m) Certification documentation control strategy is used when a equipment (e.g., malfunction simulators, requirements. malfunction is detected (e.g., open loop deteriorated components) necessary to (1) When submitting an application fuel control used after an oxygen sensor duplicate the manufacturer’s testing. for certification of an engine, the malfunction is detected), the test engine Such a request from the Administrator manufacturer must submit the following shall be retested with the component shall occur within six months of documentation. If any of the items listed adjusted to the worst acceptable limit reviewing and approving the here are standardized for all of the (i.e., the applicable OBD monitor demonstration test engine data manufacturer’s engines, the

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manufacturer may, for each model year, (F) Monitoring time length and (vi) For gasoline engines, data submit one set of documents covering frequency of monitoring events. supporting the misfire monitor, the standardized items for all of its (G) Criteria for storing a diagnostic including: engines. trouble code. (A) The established percentage of (i) For the required documentation (H) Criteria for activating a misfire that can be tolerated without that is not standardized across all malfunction indicator light. damaging the catalyst over the full range engines, the manufacturer may be (I) Criteria used for determining out- of engine speed and load conditions. allowed to submit documentation for of-range values and input component (B) Data demonstrating the probability certification from one engine that is rationality checks. of detection of misfire events by the representative of other engines. All such (iii) Whenever possible, the table misfire monitoring system over the full engines shall be considered to be part of required by paragraph (m)(2)(ii) of this engine speed and load operating range an OBD certification documentation section shall use the following for the following misfire patterns: group. To represent the OBD group, the engineering units: random cylinders misfiring at the chosen engine must be certified to the (A) Degrees Celsius for all malfunction criteria established in most stringent emissions standards and temperature criteria. paragraph (h)(2)(ii)(B) of this section, OBD monitoring requirements and cover (B) KiloPascals (KPa) for all pressure one cylinder continuously misfiring, all of the emissions control devices for criteria related to manifold or and paired cylinders continuously the engines in the group and covered by atmospheric pressure. misfiring. (C) Data identifying all disablement of the submitted documentation. Such (C) Grams (g) for all intake air mass misfire monitoring that occurs during OBD groups must be approved in criteria. the FTP. For every disablement that advance of certification. (D) Pascals (Pa) for all pressure (ii) Upon approval, one or more of the occurs during the cycles, the data shall criteria related to evaporative system identify: when the disablement occurred documentation requirements of this vapor pressure. paragraph (m) of this section may be relative to the driver’s trace, the number (E) Miles per hour (mph) for all of engine revolutions during which each waived or modified if the information vehicle speed criteria. required is redundant or unnecessarily disablement was present, and which (F) Relative percent (%) for all relative disable condition documented in the burdensome to generate. throttle position criteria (as defined in (iii) To the extent possible, the certification application caused the SAE J1979 or SAE J1939 (both as disablement. certification documentation must use specified in paragraph (k)(1) of this SAE J1930 (as specified in paragraph (D) Manufacturers are not required to section)). use the durability demonstration engine (k)(1) of this section) or SAE J2403 (as (G) Voltage (V) for all absolute throttle specified in paragraph (k)(1) of this to collect the misfire data required by position criteria (as defined in SAE paragraph (m)(2)(vi) of this section. section) terms, abbreviations, and J1979 or SAE J1939 (both as specified in acronyms as specified in paragraph (vii) Data supporting the limit for the paragraph (k)(1) of this section)). time between engine starting and (k)(1) of this section. (H) Per crankshaft revolution (/rev) for (2) Unless otherwise specified, the attaining the designated heating all changes per ignition event based following information must be temperature for after-start heated criteria (e.g., g/rev instead of g/stroke or submitted as part of the certification catalyst systems. g/firing). application and prior to receiving a (viii) Data supporting the criteria used (I) Per second (/sec) for all changes certificate. to detect a malfunction of the fuel per time based criteria (e.g., g/sec). (i) A description of the functional system, EGR system, boost pressure operation of the OBD system including (J) Percent of nominal tank volume control system, catalyst, NOX adsorber, a complete written description for each (%) for all fuel tank level criteria. DPF, cold start emission reduction monitoring strategy that outlines every (iv) A logic flowchart describing the strategy, secondary air, evaporative step in the decision-making process of step-by-step evaluation of the enable system, VVT system, exhaust gas the monitor. Algorithms, diagrams, criteria and malfunction criteria for each sensors, and other emission controls samples of data, and/or other graphical monitored emission related component that causes emissions to exceed the representations of the monitoring or system. applicable malfunction criteria specified strategy shall be included where (v) Emissions test data, a description in paragraphs (g) through (i) of this necessary to adequately describe the of the testing sequence (e.g., the number section. For diesel engine monitors information. and types of preconditioning cycles), required by paragraphs (g) and (i) of this (ii) A table including the following approximate time (in seconds) of MIL section that are required to indicate a information for each monitored activation during the test, diagnostic malfunction before emissions exceed an component or system (either computer- trouble code(s) and freeze frame emission threshold based on any sensed or computer-controlled) of the information stored at the time of applicable standard (e.g., 2.5 times any emissions control system: detection, corresponding test results of the applicable standards), the test (A) Corresponding diagnostic trouble (e.g. SAE J1979 (as specified in cycle and standard determined by the code. paragraph (k)(1) of this section) Mode/ manufacturer to be the most stringent (B) Monitoring method or procedure Service $06, SAE J1939 (as specified in for each applicable monitor in for malfunction detection. paragraph (k)(1) of this section) accordance with paragraph (f)(1) of this (C) Primary malfunction detection Diagnostic Message 8 (DM8)) stored section. parameter and its type of output signal. during the test, and a description of the (ix) A list of all electronic powertrain (D) Malfunction criteria limits used to modified or deteriorated components input and output signals (including evaluate output signal of primary used for malfunction simulation with those not monitored by the OBD system) parameter. respect to the demonstration tests that identifies which signals are (E) Other monitored secondary specified in paragraph (l) of this section. monitored by the OBD system. For input parameters and conditions (in The freeze frame data are not required and output signals that are monitored as engineering units) necessary for for engines termed ‘‘Extrapolated OBD’’ comprehensive components, the listing malfunction detection. engines. shall also identify the specific

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diagnostic trouble code for each California staff. A copy of a California lead time beyond two years are malfunction criteria (e.g., out-of-range Executive Order alone will not be necessary to correct the deficiency. low, out-of-range high, open circuit, considered acceptable toward meeting (3) A deficiency shall not be granted rationality low, rationality high). this requirement. This description shall retroactively (i.e., after the engine has (x) A written description of all also include, to the extent feasible, a been certified). parameters and conditions necessary to plan with timelines for resolving (o) Implementation schedule. Except begin closed-loop/feedback control of deficiencies and/or concerns. as specifically provided for in this emission control systems (e.g., fuel (n) Deficiencies. paragraph (o) for small volume system, boost pressure, EGR flow, SCR (1) Upon application by the manufacturers and alternative fueled reductant delivery, DPF regeneration, manufacturer, the Administrator may engines, the requirements of this section fuel system pressure). accept an OBD system as compliant must be met according to the following (xi) A written identification of the even though specific requirements are provisions: communication protocol utilized by not fully met. Such compliances (1) For model years 2010 through each engine for communication with a without meeting specific requirements, 2012. scan tool (model years 2010 through or deficiencies, will be granted only if (i) Full OBD. The manufacturer must 2012) or an SAE J1978 or SAE J1939 compliance is infeasible or implement an OBD system meeting the (both as specified in paragraph (k)(1) of unreasonable considering such factors applicable requirements of § 86.010–18 this section) scan tool (model years 2013 as, but not limited to: Technical on one engine rating within one engine and later). feasibility of the given monitor and lead family of the manufacturer’s product (xii) For model years 2013 and later, time and production cycles including line. This ‘‘Full OBD’’ rating will be a pictorial representation or written phase-in or phase-out of engines or known as the ‘‘OBD parent’’ rating. The description of the diagnostic connector vehicle designs and programmed OBD parent rating must be chosen, location including any covers or labels. upgrades of computers. Unmet unless otherwise approved by the (xiii) A written description of the requirements shall not be carried over Administrator, as the rating having the method used by the manufacturer to from the previous model year except highest weighted projected U.S. sales meet the requirements of paragraph where unreasonable hardware or within the engine family having the (i)(2) of this section (crankcase software modifications are necessary to highest weighted projected U.S. sales, ventilation system monitoring) correct the deficiency, and the with U.S. sales being weighted by the including diagrams or pictures of valve manufacturer has demonstrated an useful life of the engine rating. and/or hose connections. acceptable level of effort toward (ii) Extrapolated OBD. For all other (xiv) Build specifications provided to compliance as determined by the engine ratings within the engine family engine purchasers or chassis Administrator. Furthermore, EPA will from which the OBD parent rating has manufacturers detailing all not accept any deficiency requests that been selected, the manufacturer must specifications or limitations imposed on include the complete lack of a major implement an OBD system meeting the the engine purchaser relevant to OBD diagnostic monitor (‘‘major’’ diagnostic applicable requirements of § 86.010–18 requirements or emissions compliance monitors being those for exhaust except that the OBD system is not (e.g., cooling system heat rejection rates, aftertreatment devices, oxygen sensor, required to detect a malfunction prior to allowable MIL locations, connector air-fuel ratio sensor, NOX sensor, engine exceeding the emission thresholds location specifications). A description of misfire, evaporative leaks, and diesel shown in Table 1 of paragraph (g) and the method or copies of agreements EGR, if equipped), with the possible Table 2 of paragraph (h) of this section. used to ensure engine purchasers or exception of the special provisions for These ‘‘Extrapolated OBD’’ engines will chassis manufacturers will comply with alternative fueled engines. For be know as the ‘‘OBD child’’ ratings. On the OBD and emissions relevant build alternative fueled heavy-duty engines these OBD child ratings, rather than specifications (e.g., signed agreements, (e.g., natural gas, liquefied petroleum detecting a malfunction prior to required audit/evaluation procedures). gas, methanol, ethanol), manufacturers exceeding the emission thresholds, the (xv) Any other information may request the Administrator to waive manufacturer must submit a plan for determined by the Administrator to be specific monitoring requirements of this Administrator review and approval that necessary to demonstrate compliance section for which monitoring may not details the engineering evaluation the with the requirements of this section. be reliable with respect to the use of the manufacturer will use to establish the (3) In addition to the documentation alternative fuel. At a minimum, malfunction criteria for the OBD child required by paragraphs (m)(1) and alternative fuel engines must be ratings. The plan must demonstrate both (m)(2) of this section, a manufacturer equipped with an OBD system meeting the use of good engineering judgment in making use of paragraph (a)(5) of this OBD requirements to the extent feasible establishing the malfunction criteria, section must submit the following as approved by the Administrator. and robust detection of malfunctions, information with their application for (2) In the event the manufacturer including consideration of differences of certification. seeks to carry-over a deficiency from a base engine, calibration, emission (i) A detailed description of how the past model year to the current model control components, and emission OBD system meets the intent of year, the manufacturer must re-apply for control strategies. § 86.010–18. approval to do so. In considering the (iii) Engine families other than those (ii) A detailed description of why the request to carry-over a deficiency, the from which the parent and child ratings manufacturer has chosen not to design Administrator shall consider the have been selected, are not subject to the OBD system to meet the manufacturer’s progress towards the requirements of this section. requirements of § 86.010–18 and has correcting the deficiency. The (iv) Small volume manufacturers, as instead designed the OBD system to Administrator may not allow defined in § 86.094–14(b)(1) and (2) and meet the applicable California OBD manufacturers to carry over monitoring as determined using 2010 model year requirements. system deficiencies for more than two sales, are exempt from the requirements (iii) A detailed description of any model years unless it can be of this § 86.010–18, unless model year deficiencies granted by the California demonstrated that substantial engine 2011 or model year 2012 sales exceed staff and any concerns raised by hardware modifications and additional 20,000 units.

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(v) Engines certified as alternative on engines so equipped and detect a paragraph (o)(1) of this section shall not fueled engines are exempt from the malfunction if: be evaluated against emissions levels for requirements of this § 86.010–18. (A) The NOX aftertreatment system purposes of OBD compliance in-use. (2) For model years 2013 through has no detectable amount of NOX (iii) Only the test cycle and standard 2015. aftertreatement capability (i.e., NOX determined and identified by the (i) OBD groups. The manufacturer catalyst conversion or NOX adsorption). manufacturer at the time of certification shall define one or more OBD groups to (B) The NOX aftertreatment substrate in accordance with paragraph (f) of this cover all engine ratings in all engine is completely destroyed, removed, or section as the most stringent shall be families. The manufacturer must submit missing. used for the purpose of determining a grouping plan for Administrator (C) The NOX aftertreatment assembly OBD system noncompliance in-use. review and approval detailing the OBD is replaced with a straight pipe. (iv) An OBD system shall not be groups and the engine families and (3) For model years 2016 through considered noncompliant solely due to engine ratings within each group for a 2018. a failure or deterioration mode of a given model year. (i) OBD groups. The manufacturer monitored component or system that (ii) Full OBD. shall define one or more OBD groups to could not have been reasonably foreseen (A) For all model year 2010 through cover all engine ratings in all engine to occur by the manufacturer. 2012 ‘‘Full OBD’’ and ‘‘Extrapolated families. The manufacturer must submit (2) For model years 2013 through OBD’’ engine ratings, the manufacturer a grouping plan for Administrator 2015. must implement an OBD system review and approval detailing the OBD (i) On the full OBD ratings as defined meeting the applicable requirements of groups and the engine families and this section. in paragraph (o)(2) of this section, engine ratings within each group for a separate in-use emissions thresholds (B) On one engine rating within each given model year. of the manufacturer’s OBD groups, the shall apply. These thresholds are (ii) Full OBD. The manufacturer must determined by doubling the applicable manufacturer must implement an OBD implement an OBD system meeting the system meeting the applicable thresholds as shown in Table 1 of applicable requirements of this section paragraph (g) and Table 2 of paragraph requirements of this section. These on all engine ratings in all engine ‘‘Full OBD’’ ratings will be known as the (h) of this section. The resultant families. thresholds apply only in-use and do not ‘‘OBD parent’’ ratings. The OBD parent (iii) Engines certified as alternative rating for each OBD group shall be apply for certification or selective fueled engines shall meet, to the extent enforcement auditing. chosen, unless otherwise approved by feasible, the requirements specified in the Administrator, as the rating having (ii) The extrapolated OBD ratings as paragraph (i)(3) of this § 86.010–18. defined in paragraph (o)(2) of this the highest weighted projected U.S. Additionally, such engines shall sales within the OBD group, with U.S. section shall not be evaluated against monitor the NOX aftertreatment system sales being weighted by the useful life emissions levels for purposes of OBD on engines so equipped and detect a compliance in-use. of the engine rating. malfunction if: (iii) Only the test cycle and standard (iii) Extrapolated OBD. For all other (A) The NO aftertreatment system X determined and identified by the engine ratings within each OBD group, has no detectable amount of NO X manufacturer at the time of certification the manufacturer must implement an aftertreatement capability (i.e., NO X in accordance with paragraph (f) of this OBD system meeting the requirements catalyst conversion or NO adsorption). X section as the most stringent shall be of this section except that the OBD (B) The NOX aftertreatment substrate system is not required to detect a is completely destroyed, removed, or used for the purpose of determining malfunction prior to exceeding the missing. OBD system noncompliance in-use. (iv) For monitors subject to meeting emission thresholds shown in Table 1 of (C) The NOX aftertreatment assembly paragraph (g) and Table 2 of paragraph is replaced with a straight pipe. the minimum in-use monitor (h) of this section. These extrapolated (4) For model years 2019 and later. performance ratio of 0.100 in paragraph OBD engines will be know as the ‘‘OBD (i) The manufacturer must implement (d)(1)(ii), the OBD system shall not be child’’ ratings. On these OBD child an OBD system meeting the applicable considered noncompliant unless a ratings, rather than detecting a requirements of § 86.010–18 on all representative sample indicates the in- malfunction prior to exceeding the engines. use ratio is below 0.050. emission thresholds, the manufacturer (p) In-use compliance standards. For (v) An OBD system shall not be must submit a plan for Administrator monitors required to indicate a considered noncompliant solely due to review and approval that details the malfunction before emissions exceed a a failure or deterioration mode of a engineering evaluation the manufacturer certain emission threshold (e.g., 2.5 monitored component or system that will use to establish the malfunction times any of the applicable standards): could not have been reasonably foreseen criteria for the OBD child ratings. The (1) For model years 2010 through to occur by the manufacturer. plan must demonstrate both the use of 2012. (3) For model years 2016 through good engineering judgment in (i) On the full OBD rating (i.e., the 2018. establishing the malfunction criteria, parent rating) as defined in paragraph (i) On the engine ratings tested and robust detection of malfunctions, (o)(1) of this section, separate in-use according to (l)(2)(iii) of this section, the including consideration of differences of emissions thresholds shall apply. These certification emissions thresholds shall base engine, calibration, emission thresholds are determined by doubling apply in-use. control components, and emission the applicable thresholds as shown in (ii) On the manufacturer’s remaining control strategies. Table 1 of paragraph (g) and Table 2 of engine ratings, separate in-use (iv) Engines certified as alternative paragraph (h) of this section. The emissions thresholds shall apply. These fueled engines shall meet, to the extent resultant thresholds apply only in-use thresholds are determined by doubling feasible, the requirements specified in and do not apply for certification or the applicable thresholds as shown in paragraph (i)(3) of this § 86.010–18. selective enforcement auditing. Table 1 of paragraph (g) and Table 2 of Additionally, such engines shall (ii) The extrapolated OBD ratings (i.e., paragraph (h) of this section. The monitor the NOX aftertreatment system the child ratings) as defined in resultant thresholds apply only in-use

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and do not apply for certification or the Administrator, that such engines weighing 14,000 pounds gross selective enforcement auditing. maintenance is reasonable and vehicle weight (GVW) and less that are (iii) An OBD system shall not be technologically necessary to assure the subject to the OBD requirements of this considered noncompliant solely due to proper functioning of the emission part. a failure or deterioration mode of a control system. Such additional (2) General requirements. monitored component or system that recommended maintenance shall be (i) Manufacturers shall furnish or could not have been reasonably foreseen clearly differentiated, in a form cause to be furnished to any person to occur by the manufacturer. approved by the Administrator, from engaged in the repairing or servicing of (4) For model years 2019 and later. that approved under § 86.004–25(b). motor vehicles or motor vehicle engines, (i) On all engine ratings, the (d) Inspections of emission-related or the Administrator upon request, any certification emissions thresholds shall parts or systems with instructions to and all information needed to make use apply in-use. replace, repair, clean, or adjust the parts of the on-board diagnostic system and (ii) An OBD system shall not be or systems if necessary, are not such other information, including considered noncompliant solely due to considered to be items of scheduled instructions for making emission-related a failure or deterioration mode of a maintenance which insure the proper diagnoses and repairs, including but not monitored component or system that functioning of the emission control limited to service manuals, technical could not have been reasonably foreseen system. Such inspections, and any service bulletins, recall service to occur by the manufacturer. recommended maintenance beyond that information, bi-directional control ■ 7. Section 86.010–38 is added to approved by the Administrator as information, and training information, subpart A to read as follows: reasonable and necessary under unless such information is protected by paragraphs (a), (b), and (c) of this section 208(c) of the Act as a trade § 86.010–38 Maintenance instructions. section, may be included in the written (a) The manufacturer shall furnish or secret. No such information may be instructions furnished to vehicle owners withheld under section 208(c) of the Act cause to be furnished to the purchaser under paragraph (a) of this section: of each new motor vehicle (or motor if that information is provided (directly Provided, That such instructions clearly or indirectly) by the manufacturer to vehicle engine) subject to the standards state, in a form approved by the prescribed in § 86.099–8, § 86.004–9, franchised dealers or other persons Administrator, that the owner need not engaged in the repair, diagnosing, or § 86.004–10, or § 86.004–11, as perform such inspections or applicable, written instructions for the servicing of motor vehicles or motor recommended maintenance in order to vehicle engines. proper maintenance and use of the maintain the emissions defect and (ii) Definitions. The following vehicle (or engine), by the purchaser emissions performance warranty or definitions apply for this paragraph (g): consistent with the provisions of manufacturer recall liability. § 86.004–25, which establishes what (e) The manufacturer may choose to (A) Aftermarket service provider scheduled maintenance the include in such instructions an means any individual or business Administrator approves as being explanation of any distinction between engaged in the diagnosis, service, and reasonable and necessary. the useful life specified on the label, repair of a motor vehicle or engine, who (1) The maintenance instructions and the emissions defect and emissions is not directly affiliated with a required by this section shall be in clear, performance warranty period. The manufacturer or manufacturer- and to the extent practicable, explanation must clearly state that the franchised dealership. nontechnical language. useful life period specified on the label (B) Bi-directional control means the (2) The maintenance instructions represents the average period of use up capability of a diagnostic tool to send required by this section shall contain a to retirement or rebuild for the engine messages on the data bus that general description of the family represented by the engine used temporarily overrides the module’s documentation which the manufacturer in the vehicle. An explanation of how control over a sensor or actuator and will require from the ultimate purchaser the actual useful lives of engines used gives control to the diagnostic tool or any subsequent purchaser as in various applications are expected to operator. Bi-directional controls do not evidence of compliance with the differ from the average useful life may create permanent changes to engine or instructions. be included. The explanation(s) shall be component calibrations. (b) Instructions provided to in clear, non-technical language that is (C) Data stream information means purchasers under paragraph (a) of this understandable to the ultimate information (i.e., messages and section shall specify the performance of purchaser. parameters) originated within the all scheduled maintenance performed (f) If approved by the Administrator, vehicle by a module or intelligent by the manufacturer on certification the instructions provided to purchasers sensors (i.e., a sensor that contains and durability vehicles and, in cases where under paragraph (a) of this section shall is controlled by its own module) and the manufacturer performs less indicate what adjustments or transmitted between a network of maintenance on certification durability modifications, if any, are necessary to modules and/or intelligent sensors vehicles than the allowed limit, may allow the vehicle to meet applicable connected in parallel with either one or specify the performance of any emission standards at elevations above more communication wires. The scheduled maintenance allowed under 4,000 feet, or at elevations of 4,000 feet information is broadcast over the § 86.004–25. or less. communication wires for use by the (c) Scheduled emission-related (g) Emission control diagnostic OBD system to gather information on maintenance in addition to that service information: emissions-related components or performed under § 86.004–25(b) may (1) Manufacturers are subject to the systems and from other vehicle modules only be recommended to offset the provisions of this paragraph (g) that may impact emissions, including effects of abnormal in-use operating beginning in the 1996 model year for but not limited to systems such as conditions, except as provided in manufacturers of light-duty vehicles and chassis or transmission. For the paragraph (d) of this section. The light-duty trucks, and beginning in the purposes of this section, data stream manufacturer shall be required to 2005 model year for manufacturers of information does not include engine demonstrate, subject to the approval of heavy-duty vehicles and heavy-duty calibration-related information, or any

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data stream information from systems or (J) Intermediary means any individual paragraph (g)(7) of this section for each modules that do not impact emissions. or entity, other than an original of the subscription options. In addition, (D) Emissions-related information equipment manufacturer, which for each of the subscription options, means any information related to the provides service or equipment to manufacturers are required to make diagnosis, service, and repair of aftermarket service providers. their entire site accessible for the emissions-related components. (K) Manufacturer-franchised respective period of time and price. In Emissions-related information includes, dealership means any service provider other words, a manufacturer may not but is not limited to, information with which a manufacturer has a direct limit any or all of the subscription regarding any system, component or business relationship. options to just one make or one model. part of a vehicle that controls emissions (L) Third-party information provider (v) Allow the user to search the and any system, component and/or part means any individual or entity, other manufacturer Web site by various topics associated with the powertrain system, than an original equipment including but not limited to model, including, but not limited to: manufacturer, who consolidates model year, key words or phrases, etc., (1) The engine, the fuel system and manufacturer service information and while allowing ready identification of ignition system, makes this information available to the latest vehicle calibration. (2) Information for any system, aftermarket service providers. Manufacturers who do not use model (M) Third-party training provider component or part that is likely to year to classify their vehicles in their means any individual or entity, other impact emissions, such as transmission service information may use an alternate than an original equipment systems, and any other information vehicle delineation such as body series. manufacturer who develops and/or specified by the Administrator to be Any manufacturer utilizing this delivers instructional and educational relevant to the diagnosis and repair of flexibility shall create a cross-reference material for automotive training courses. to the corresponding model year and an emissions-related problem; and (3) Information dissemination. By provide this cross-reference on the (3) Any other information specified by December 24, 2003, each manufacturer manufacturer Web site home page. the Administrator to be relevant for the was required to provide or cause to be (vi) Provide accessibility using diagnosis and repair of an emissions- provided to the persons specified in common, readily available software and related failure found through the paragraph (g)(2)(i) of this section and to shall not require the use of software, inspection and maintenance program any other interested parties a hardware, viewers, or browsers that are after such finding has been manufacturer-specific World Wide Web not readily available to the general communicated to the affected site containing the information specified public. Manufacturers shall also provide manufacturer(s). in paragraph (g)(2)(i) of this section for hyperlinks to any plug-ins, viewers or (E) Emissions-related training 1996 and later model year vehicles browsers (e.g., Adobe Acrobat or information means any information- which have been offered for sale; this Netscape) needed to access the related training or instruction for the requirement does not apply to indirect manufacturer Web site. purpose of the diagnosis, service, and information, including the information (vii) Allow simple hyper-linking to repair of emissions-related components. specified in paragraphs (g)(12) through the manufacturer Web site from (F) Enhanced service and repair (g)(16) of this section. Upon request and government Web sites and automotive- information means information which is approval of the Administrator, related Web sites. specific for an original equipment manufacturers who can demonstrate manufacturer’s brand of tools and significant hardship in complying with (viii) Allow access to the equipment. This includes computer or this provision by December 26, 2003, manufacturer Web site with no limits on anti-theft system initialization may request an additional six months the modem speed by which aftermarket information necessary for the lead time to meet this requirement. Each service providers or other interested completion of any emissions-related manufacturer Web site shall: parties can connect to the manufacturer repair on motor vehicles that employ (i) Provide access in full-text to all of Web site. integral vehicle security systems. the information specified in paragraph (ix) Possess sufficient server capacity (G) Equipment and tool company (g)(5) of this section. to allow ready access by all users and means a registered automotive (ii) Be updated at the same time as have sufficient capacity to assure that equipment or software company either manufacturer-franchised dealership all users may obtain needed information public or private that is engaged in, or World Wide Web sites; without undue delay. plans to engage in, the manufacture of (iii) Provide users with a description (x) Correct or delete broken Web links automotive scan tool reprogramming of the minimum computer hardware on a weekly basis. equipment or software. and software needed by the user to (xi) Allow for Web site navigation that (H) Generic service and repair access that manufacturer’s information does not require a user to return to the information means information which is (e.g., computer processor speed and manufacturer home page or a search not specific for an original equipment operating system software). This engine in order to access a different manufacturer’s brand of tools and description shall appear when users portion of the site. equipment. first log-on to the home page of the (xii) Allow users to print out any and (I) Indirect information means any manufacturer Web site. all of the materials required to be made information that is not specifically (iv) Provide Short-Term (24 to 72 available on the manufacturer Web site contained in the service literature, but is hours), Mid-Term (30 day period), and including the ability to print it at the contained in items such as tools or Long-Term (365 day period) Web site user’s location. equipment provided to franchised subscription options to any person (4) Small volume provisions for dealers (or others). This includes specified in paragraph (g)(2)(i) of this information dissemination. computer or anti-theft system section whereby the user will be able to (i) Manufacturers with annual sales of initialization information necessary for access the site, search for the less than 5,000 vehicles had until June the completion of any emissions-related information, and purchase, view and 28, 2004 to launch their individual Web repair on motor vehicles that employ print the information at a fair and sites as required by paragraph (g)(3) of integral vehicle security systems. reasonable cost as specified in this section.

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(ii) Manufacturers with annual sales as equipped including, but not limited necessary for the completion of any of less than 1,000 vehicles may, in lieu to, catalyst, catalyst heater, oxygen emissions-related repair on motor of meeting the requirement of paragraph sensor, oxygen sensor heater, vehicles that employ integral vehicle (g)(3) of this section, request the evaporative system, exhaust gas re- security systems or the repair or Administrator to approve an alternative circulation (EGR), secondary air, and air replacement of any other emission- method by which the required conditioning system. Additionally, for related part shall be made available at emissions-related information can be diesel vehicles under 14,000 pounds. a fair and reasonable cost to the persons obtained by the persons specified in GVWR which also perform misfire, fuel specified in paragraph (g)(2)(i) of this paragraph (g)(2)(i) of this section. system and comprehensive component section. (5) Required information. All monitoring under specific driving (i) Except as provided under information relevant to the diagnosis conditions (i.e., non-continuous paragraph (g)(6)(ii) of this section, and completion of emissions-related monitoring; as opposed to spark ignition manufacturers must make this repairs shall be posted on manufacturer engines that monitor these systems information available to persons Web sites. This excludes indirect under all conditions or continuous specified in paragraph (g)(2)(i) of this information specified in paragraphs monitoring), the manufacturer shall section, such that such persons will not (g)(6) and (g)(12) through (g)(16) of this make available monitor-specific drive need any special tools or manufacturer- section. To the extent that this cycles. Any manufacturer who develops specific scan tools to perform the information does not already exist in generic drive cycles, either in addition initialization. Manufacturers may make some form for their manufacturer to, or instead of, monitor-specific drive such information available through, for franchised dealerships, manufacturers cycles shall also make these available in example, generic aftermarket tools, a are required to develop and make full-text on manufacturer Web sites; pass-through device, or inexpensive available the information required by (D) A listing of each monitor manufacturer-specific cables. this section to both their manufacturer sequence, execution frequency and (ii) A manufacturer may request franchised dealerships and the typical duration; Administrator approval for an aftermarket. The required information (E) A listing of typical malfunction alternative means to re-initialize includes, but is not limited to: thresholds for each monitor; vehicles for some or all model year (i) Manuals, including subsystem and (F) For OBD parameters for specific vehicles through the 2007 model year by component manuals developed by a vehicles that deviate from the typical September 26, 2003. The Administrator manufacturer’s third party supplier that parameters, the OBD description shall shall approve the request only after the are made available to manufacturer indicate the deviation and provide a following conditions have been met: franchised dealerships, technical service separate listing of the typical values for (A) The manufacturer must bulletins (TSBs), recall service those vehicles; demonstrate that the availability of such information, diagrams, charts, and (G) Identification and scaling information to aftermarket service training materials. Manuals and other information necessary to interpret and providers would significantly increase such service information from third understand data available to a generic the risk of vehicle theft. party suppliers are not required to be scan tool through ‘‘mode 6,’’ pursuant to (B) The manufacturer must make made available in full-text on SAE J1979 (as specified in paragraph available a reasonable alternative means manufacturer Web sites as described in (g)(17) of this section). to install or repair computers, or to paragraph (g)(3) of this section. Rather, (H) Algorithms, look-up tables, or any otherwise repair or replace an emission- manufacturers must make available on values associated with look-up tables related part. the manufacturer Web site as required are not required to be made available. (C) Any alternative means proposed by paragraph (g)(3) of this section an (iii) Any information regarding any by a manufacturer cannot require index of the relevant information and system, component, or part of a vehicle aftermarket technicians to use a instructions on how to order such third monitored by the OBD system that manufacturer franchised dealership to party information. In the alternative, a could in a failure mode cause the OBD obtain information or special tools to re- manufacturer can create a link from its system to illuminate the malfunction initialize the anti-theft system. All Web site to the Web site(s) of the third indicator light (MIL); information must come directly from party supplier. (iv) Any information on other systems the manufacturer or a single (ii) OBD system information which that can effect the emission system manufacturer-specified designee. includes, but is not limited to, the within a multiplexed system (including (D) Any alternative means proposed following: how information is sent between by a manufacturer must be available to (A) A general description of the emission-related system modules and aftermarket technicians at a fair and operation of each monitor, including a other modules on a multiplexed bus); reasonable price. description of the parameter that is (v) Manufacturer-specific emissions- (E) Any alternative must be available being monitored; related diagnostic trouble codes (DTCs) to aftermarket technicians within (B) A listing of all typical OBD and any related service bulletins, twenty-four hours of the initial request. diagnostic trouble codes associated with trouble shooting guides, and/or repair (F) Any alternative must not require each monitor; procedures associated with these the purchase of a special tool or tools, (C) A description of the typical manufacturer-specific DTCs; and including manufacturer-specific tools, enabling conditions (either generic or (vi) Information regarding how to to complete this repair. Alternatives monitor-specific) for each monitor (if obtain the information needed to may include lease of such tools, but equipped) to execute during vehicle perform reinitialization of any vehicle only for appropriately minimal cost. operation, including, but not limited to, computer or anti-theft system following (G) In lieu of leasing their minimum and maximum intake air and an emissions-related repair. manufacturer-specific tool to meet this engine coolant temperature, vehicle (6) Anti-theft system initialization requirement, a manufacturer may also speed range, and time after engine information. Computer or anti-theft release the necessary information to startup. In addition, manufacturers shall system initialization information and/or equipment and tool manufacturers for list all monitor-specific OBD drive cycle related tools necessary for the proper incorporation into aftermarket scan information for all major OBD monitors installation of on-board computers or tools. Any manufacturer choosing this

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option must release the information to minimum, each of the factors specified manufacturers are responsible for equipment and tool manufacturers in paragraph (g)(7)(i) of this section. inaccuracies contained in the within 60 days of Administrator (B) The Administrator will act upon information they provide to third-party approval. Manufacturers may also the request within 180 days following information providers. comply with this requirement using receipt of a complete request or (10) Required emissions-related SAE J2534 (as specified in paragraph following receipt of any additional training information. By December 24, (g)(17) of this section) for some or all information requested by the 2003, for emissions-related training model years through model year 2007. Administrator. information, manufacturers were (7) Cost of required information. (C) The Administrator may decide not required to: (i) All information required to be to approve, or to withdraw approval for (i) Video tape or otherwise duplicate made available by this section shall be a manufacturer’s pricing structure and and make available for sale on made available at a fair and reasonable amounts based on a conclusion that this manufacturer Web sites within 30 days price. In determining whether a price is pricing structure and/or amounts are after transmission any emissions-related fair and reasonable, consideration may not, or are no longer, fair and training courses provided to be given to relevant factors, including, reasonable, by sending written notice to manufacturer franchised dealerships via but not limited to, the following: the manufacturer explaining the basis the Internet or satellite transmission; (A) The net cost to the manufacturer- for this decision. (ii) Provide on the manufacturer Web franchised dealerships for similar (D) In the case of a decision by the site an index of all emissions-related information obtained from Administrator not to approve or to training information available for manufacturers, less any discounts, withdraw approval, the manufacturer purchase by aftermarket service rebates, or other incentive programs. shall within three months following providers for 1994 and newer vehicles. (B) The cost to the manufacturer for notice of this decision, obtain For model years subsequent to 2003, the preparing and distributing the Administrator approval for a revised required information must be made information, excluding any research and pricing structure and amounts by available for purchase within 3 months development costs incurred in following the approval process of model introduction and then must be designing and implementing, upgrading described in this paragraph (g)(7)(ii). made available at the same time it is or altering the onboard computer and its (8) Unavailable information. Any made available to manufacturer software or any other vehicle part or information which is not provided at a franchised dealerships, whichever is component. Amortized capital costs for fair and reasonable price shall be earlier. The index shall describe the title the preparation and distribution of the considered unavailable, in violation of of the course or instructional session, information may be included. these regulations and section 202(m)(5) the cost of the video tape or duplicate, (C) The price charged by other of the Clean Air Act. and information on how to order the manufacturers for similar information. (9) Third-party information providers. item(s) from the manufacturer Web site. (D) The price charged by By December 24, 2003, manufacturers All of the items available must be manufacturers for similar information shall, for model year 2004 and later shipped within 24 hours of the order prior to the launch of manufacturer Web vehicles and engines, make available to being placed and are to be made sites. third-party information providers as available at a fair and reasonable price (E) The ability of aftermarket defined in paragraph (g)(2)(ii) of this as described in paragraph (g)(7) of this technicians or shops to afford the section with whom they engage in section. Manufacturers unable to meet information. licensing or business arrangements; the 24 hour shipping requirement under (F) The means by which the (i) The required emissions-related circumstances where orders exceed information is distributed; information as specified in paragraph supply and additional time is needed by (G) The extent to which the (g)(5) of this section either: the distributor to reproduce the item information is used, which includes the (A) Directly in electronic format such being ordered, may exceed the 24 hour number of users, and frequency, as diskette or CD–ROM using non- shipping requirement, but in no duration, and volume of use. proprietary software, in English; or instance can take longer than 14 days to (H) Inflation. (B) Indirectly via a Web site other ship the item. (ii) By August 25, 2003, each than that required by paragraph (g)(3) of (iii) Provide access to third-party manufacturer was required to submit to this section; training providers as defined in the Administrator a request for approval (ii) For any manufacturer who utilizes paragraph (g)(2)(ii) of this section all of their pricing structure for their Web an automated process in their emission-related training courses sites and amounts to be charged for the manufacturer-specific scan tool for transmitted via satellite or Internet information required to be made diagnostic fault trees, the data schema, offered to their manufacturer franchised available under paragraphs (g)(3) and detail specifications, including category dealerships. Manufacturers may not (g)(5) of this section. Subsequent to the types/codes and vehicle codes, and data charge unreasonable up-front fees to approval of the manufacturer Web site format/content structure of the third-party training providers for this pricing structure, manufacturers shall diagnostic trouble trees. access, but may require a royalty, notify the Administrator upon the (iii) Manufacturers can satisfy the percentage, or other arranged fee based increase in price of any one or all of the requirement of paragraph (g)(9)(ii) of on per-use enrollment/subscription subscription options of 20 percent or this section by making available basis. Manufacturers may take more above the previously-approved diagnostic trouble trees on their reasonable steps to protect any price, taking inflation into account. manufacturer Web sites in full-text. copyrighted information and are not (A) The manufacturer shall submit a (iv) Manufacturers are not responsible required to provide this information to request to the Administrator that sets for the accuracy of the information parties that do not agree to such steps. forth a detailed description of the distributed by third parties. However, (11) Timeliness and maintenance of pricing structure and amounts, and where manufacturers charge information dissemination. support for the position that the pricing information intermediaries for (i) General Requirements. Subsequent structure and amounts are fair and information, whether through licensing to the initial launch of the reasonable by addressing, at a agreements or other arrangements, manufacturer’s Web site, manufacturers

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must make the information required reprogramming events that may affect within 3 months of model introduction under paragraph (g)(5) of this section emissions) in the format of its choice at for all new model years. available on their Web site within six the same time they are made available (vii) Manufacturers who cannot months of model introduction, or at the to manufacturer franchised dealerships. comply with paragraphs (g)(12)(v) and same time it is made available to This requirement takes effect on (g)(12)(vi) of this section shall make manufacturer franchised dealerships, September 25, 2003, and within 3 available to equipment and tool whichever is earlier. After this six- months of model introduction for all companies by September 25, 2003 the month period, the information must be new model years. following information necessary for available and updated on the (ii) For model years 1996 and later reprogramming the Electronic Control manufacturer Web site at the same time manufacturers shall provide persons Unit (ECU): that the updated information is made specified in paragraph (g)(2)(i) of this (A) The physical hardware available to manufacturer franchised section with an efficient and cost- requirements for reprogramming events dealerships, except as otherwise effective method for identifying whether or tools (e.g. system voltage specified in this section. the calibrations on vehicles are the requirements, cable terminals/pins, (ii) Archived information. Beginning latest to be issued. This requirement connections such as RS232 or USB, with the 1996 model year, takes effect on September 25, 2003, and wires, etc.). manufacturers must maintain the within 3 months of model introduction (B) ECU data communication (e.g. required information on their Web sites for all new model years. serial data protocols, transmission speed in full-text as defined in paragraph (g)(5) (iii) For all 2004 and later OBD or baud rate, bit timing requirements, of this section for a minimum of 15 vehicles equipped with reprogramming etc.). years after model introduction. capability, manufacturers shall comply (C) Information on the application Subsequent to this fifteen year period, with SAE J2534 (as specified in physical interface (API) or layers manufacturers may archive the paragraph (g)(17) of this section). Any (descriptions for procedures such as information in the manufacturer’s manufacturer who cannot comply with connection, initialization, performing format of choice and provide an index SAE J2534 in model year 2004 may and verifying programming/download, of the archived information on the request one year additional lead time and termination). manufacturer Web site and how it can from the Administrator. (D) Vehicle application information or be obtained by interested parties. (iv) For model years 2004 and later, any other related service information Manufacturers shall index their manufacturers shall make available to such as special pins and voltages for available information with a title that aftermarket service providers the reprogramming events or additional adequately describes the contents of the necessary manufacturer-specific vehicle connectors that require document to which it refers. software applications and calibrations enablement and specifications for the Manufacturers may allow for the needed to initiate pass-through enablement. ordering of information directly from reprogramming. This software shall be (E) Information that describes what their Web site, or from a Web site able to run on a standard personal interfaces or combinations of interfaces hyperlinked to the manufacturer Web computer that utilizes standard are used to deliver calibrations from site. In the alternative, manufacturers operating systems as specified in SAE database media (e.g. PC using CDROM shall list a phone number and address J2534 (as specified in paragraph (g)(17) to the reprogramming device e.g. scan where aftermarket service providers can of this section). tool or black box). call or write to obtain the desired (v) For model years prior to 2004, (viii) A manufacturer can propose an information. Manufacturers must also manufacturers may use SAE J2534 (as alternative to the requirements of provide the price of each item listed, as specified in paragraph (g)(17) of this paragraph (g)(12)(vii) of this section for well as the price of items ordered on a section) as described above, provided how aftermarket service providers can subscription basis. To the extent that they make available to the aftermarket reprogram an ECU. The Administrator any additional information is added or any additional required hardware (i.e. will approve this alternative if the changed for these model years, cables). Manufacturers may not require manufacturer demonstrates all of the manufacturers shall update the index as the purchase or use of a manufacturer- following: appropriate. Manufacturers will be specific scan tool to receive or use this (A) That it cannot comply with responsible for ensuring that all additional hardware. Manufacturers paragraph (g)(12)(v) of this section for information, including information that must also make available the necessary the vehicles subject to the alternative is distributed through information manufacturer-specific software plan; distributors, is provided within one applications and calibrations needed to (B) That a very small percentage of its regular business day of receiving the initiate pass-through reprogramming. vehicles in model years prior to 2004 order. Items that are less than 20 pages Manufacturers must also make available cannot be reprogrammed with the (e.g. technical service bulletins) shall be to equipment and tool companies any provisions described in paragraph faxed, if requested, to the requestor and information needed to develop (g)(12)(v) of this section, or that manufacturers are required to deliver aftermarket equivalents of the releasing the information to tool the information overnight if requested manufacturer-specific hardware. companies would likely not result in and paid for by the ordering party. (vi) Manufacturers may take any this information being incorporated into Archived information must be made reasonable business precautions aftermarket tools; and available on demand and at a fair and necessary to protect proprietary (C) That aftermarket service providers reasonable price. business information and are not will be able to reprogram promptly at a (12) Reprogramming information. required to provide this information to reasonable cost. (i) For model years 1996 and later, any party that does not agree to these (ix) In meeting the requirements of manufacturers shall make available to reasonable business precautions. The paragraphs (g)(12)(v) through (g)(12)(vii) the persons specified in paragraph requirement to make hardware available of this section, manufacturers may take (g)(2)(i) of this section all emissions- and to release the information to any reasonable business precautions related recalibration or reprogramming equipment and tool companies takes necessary to protect proprietary events (including driveability effect on September 25, 2003, and business information and are not

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required to provide this information to trees shall make available to equipment contained in the complete version of the any party that does not agree to these and tool companies the data schema, manufacturer-specific tool. Any reasonable business precautions. detail specifications, including category manufacturer who wishes to implement (13) Generic and enhanced types/codes and vehicle codes, and data this option must request approval from information for scan tools. By format/content structure of the the Administrator prior to the September 25, 2003, manufacturers diagnostic trouble trees. introduction of the tool into commerce. shall make available to equipment and (iv) Manufacturers can satisfy the (16) Special tools. tool companies all generic and requirement of paragraph (g)(13)(iii) of (i) Manufacturers who have enhanced service information including this section by making available developed special tools to extinguish bi-directional control and data stream diagnostic trouble trees on their the malfunction indicator light (MIL) for information as defined in paragraph manufacturer Web sites in full-text. Model Years 1994 through 2003 shall (g)(2)(ii) of this section. This (14) Availability of manufacturer- make available the necessary requirement applies for 1996 and later specific scan tools. Manufacturers shall information to equipment and tool model year vehicles. make available for sale to the persons companies to design a comparable (i) The information required by specified in paragraph (g)(2)(i) of this generic tool. This information was paragraph (g)(13) of this section shall be section their own manufacturer-specific required to be made available to provided electronically using common diagnostic tools at a fair and reasonable equipment and tool companies no later document formats to equipment and cost. These tools shall also be made than September 25, 2003. tool companies with whom they have available in a timely fashion either (ii) Manufacturers are prohibited from appropriate licensing, contractual, and/ through the manufacturer Web site or requiring special tools to extinguish the or confidentiality arrangements. To the through a manufacturer-designated malfunction indicator light (MIL) extent that a central repository for this intermediary. Manufacturers who beginning with Model Year 2004. information (e.g. the TEK–NET library develop different versions of one or (17) Reference materials. developed by the Equipment and Tool more of their diagnostic tools that are Manufacturers shall conform with the Institute) is used to warehouse this used in whole or in part for emission- following Society of Automotive information, the Administrator shall related diagnosis and repair shall insure Engineers (SAE) standards. These have free unrestricted access. In that all emission-related diagnosis and documents are incorporated by addition, information required in repair information is available for sale to reference, see § 86.1. Anyone may paragraph (g)(13) of this section shall be the aftermarket at a fair and reasonable inspect copies at the U.S. EPA or at the made available to equipment and tool cost. Manufacturers shall provide National Archives and Records companies who are not otherwise technical support to aftermarket service Administration (NARA). For members of any central repository and providers for the tools described in this information on the availability of this shall have access if the non-members section, either themselves or through a material at U.S. EPA, NARA, or the have arranged for the appropriate third party of its choice. Factors for standard making body directly, refer to licensing, contractual and/or determining fair and reasonable cost § 86.1. (i) SAE J1930, Revised May 1998. For confidentiality arrangements with the include, but are not limited to: manufacturer and/or a central (i) The net cost to the manufacturer’s Web-based delivery of service repository. franchised dealerships for similar tools information, manufacturers shall (ii) In addition to the generic and obtained from manufacturers, less any comply with this industry standard. enhanced information defined in discounts, rebates, or other incentive This recommended practice paragraph (g)(2)(ii) of this section, programs; standardizes various terms, manufacturers shall also make available (ii) The cost to the manufacturer for abbreviations, and acronyms associated the following information necessary for preparing and distributing the tools, with on-board diagnostics. developing generic diagnostic scan excluding any research and Manufacturers shall comply with SAE tools: development costs; J1930 beginning with Model Year 2004. (A) The physical hardware (iii) The price charged by other (ii) SAE J1979, Revised September requirements for data communication manufacturers of similar sizes for 1997. For identification and scaling (e.g. system voltage requirements, cable similar tools; information necessary to interpret and terminals/pins, connections such as (iv) The capabilities and functionality understand data available to a generic RS232 or USB, wires, etc.), of the manufacturer tool; scan tool through ‘‘mode 6,’’ (B) ECU data communication (e.g. (v) The means by which the tools are manufacturers shall comply with this serial data protocols, transmission speed distributed; industry standard. This recommended or baud rate, bit timing requirements, (vi) Inflation. practice describes the implementation etc.), (vii) The ability of aftermarket of the diagnostic test modes for (C) Information on the application technicians and shops to afford the emissions-related test data. physical interface (API) or layers. (i.e., tools. Manufacturers shall comply with this processing algorithms or software (15) Changing content of industry standard beginning with Model design descriptions for procedures such manufacturer-specific scan tools. Year 2004. as connection, initialization, and Manufacturers who opt to remove non- (iii) SAE J2284–3, May 2001. For termination), emissions related content from their allowing ECU and equipment and tool (D) Vehicle application information or manufacturer-specific scan tools and manufacturers to satisfy the needs of any other related service information sell them to the persons specified in multiple end users with minimum such as special pins and voltages or paragraph (g)(2)(i) of this section shall modification to a basic ECU design, additional vehicle connectors that adjust the cost of the tool accordingly manufacturers shall comply with this require enablement and specifications lower to reflect the decreased value of industry standard which establishes for the enablement. the scan tool. All emissions-related standard ECU physical layer, data link (iii) Any manufacturer who utilizes an content that remains in the layer, and media design criteria. automated process in its manufacturer- manufacturer-specific tool shall be Manufacturers may comply with SAE specific scan tool for diagnostic fault identical to the information that is J2284–3 beginning with model year

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2003 and shall comply with SAE J2284– (vi) Browser Summary (measured in a statement that ‘‘This engine must be 3 beginning with model year 2008. number of files/pages by browser type, operated only with ultra low-sulfur (iv) SAE J2534, February 2002. For i.e., Netscape, Internet Explorer). This is diesel fuel (meeting EPA specifications pass-through reprogramming defined as the versions of a browser by for highway diesel fuel, including a 15 capabilities, manufacturers shall comply vendor. ppm sulfur cap).’’ with this industry standard which (vii) Any other information deemed (j) Emission control diagnostic service provides technical specifications and necessary by the Administrator to information for heavy-duty engines used information that manufacturers must determine the adequacy of a in vehicles over 14,000 pounds gross supply to equipment and tool manufacturer Web site. vehicle weight (GVW) companies to develop aftermarket pass- (19) Prohibited acts, liability and (1) Manufacturers of heavy-duty through reprogramming tools. remedies. engines used in applications weighing Manufacturers shall comply with SAE (i) It is a prohibited act for any person more than 14,000 pounds gross vehicle J2534 beginning with model year 2004. to fail to promptly provide or cause a weight (GVW) that are subject to the (18) Reporting requirements. failure to promptly provide information applicable OBD requirements of this Manufacturers shall provide to the as required by this paragraph (g), or to subpart A are subject to the provisions Administrator reports on an annual otherwise fail to comply or cause a of this paragraph (j) beginning in the basis within 30 days of the end of the failure to comply with any provision of 2010 model year. The provisions of this calendar year and upon request of the this paragraph (g). paragraph (j) apply only to those heavy- Administrator, that describe the (ii) Any person who fails or causes the duty engines subject to the applicable performance of their individual Web failure to comply with any provision of OBD requirements. sites. These annual reports shall be this paragraph (g) is liable for a violation (2) Upon Administrator approval, submitted to the Administrator of that provision. A corporation is manufacturers of vehicles may electronically utilizing non-proprietary presumed liable for any violations of alternatively comply with all service software in the format as agreed to by this subpart that are committed by any information and tool provisions found the Administrator and the of its subsidiaries, affiliates or parents in § 86.1808–01 that are applicable to manufacturers. Manufacturers may that are substantially owned by it or 2001 and subsequent model year request Administrator approval to report substantially under its control. vehicles weighing less than 14,000 on parameters other than those (iii) Any person who violates a pounds gross vehicle weight (GVW). described below if the manufacturer can provision of this paragraph (g) shall be Upon Administrator approval, demonstrate that those alternate subject to a civil penalty of not more manufacturers that produce engines for parameters will provide sufficient and than $32,500 per day for each violation. use in vehicles between 8,500 and similar information for the This maximum penalty is shown for 14,000 pounds may, for those engines, Administrator to effectively evaluate the calendar year 2004. Maximum penalty alternatively comply with all service manufacturer Web site. These annual limits for later years may be set higher information and tool provisions in reports shall include, at a minimum, based on the Consumer Price Index, as § 86.010–38(j) that are applicable to monthly measurements of the following specified in 40 CFR part 19. In addition, 2010 and subsequent model year parameters: such person shall be liable for all other vehicles over 14,000 pounds. (i) Total successful requests remedies set forth in Title II of the Clean Implementation dates must comply with (measured in number of files including Air Act, remedies pertaining to the service information provision dates graphic interchange formats (GIFs) and provisions of Title II of the Clean Air applicable to engines in vehicles joint photographic expert group (JPEG) Act, or other applicable provisions of between 8,500 and 14,000 pounds. images, i.e., electronic images such as law. (3) General Requirements wiring or other diagrams or pictures). (h) The manufacturer shall furnish or (i) Manufacturers shall furnish or This is defined as the total successful cause to be furnished to the purchaser cause to be furnished to any person request counts of all the files which of each new motor engine subject to the engaged in the repairing or servicing of have been requested, including pages, standards prescribed in § 86.004–10 or heavy-duty engines, or the graphics, etc. § 86.004–11, as applicable, the Administrator upon request, any and all (ii) Total failed requests (measured in following: information needed to make use of the number of files). This is defined as the (1) Instructions for all maintenance on-board diagnostic system and such total failed request counts of all the files needed after the end of the useful life of other information, including which were requested but failed because the engine for critical emissions-related instructions for making emission-related they could not be found or were read- components as provided in § 86.004– diagnosis and repairs, including but not protected. This includes pages, 25(b), including recommended practices limited to service manuals, technical graphics, etc. for diagnosis, cleaning, adjustment, service bulletins, recall service (iii) Average data transferred per day repair, and replacement of the information, bi-directional control (measured by bytes). This is defined as component (or a statement that such information, and training information, average amount of data transferred per component is maintenance free for the unless such information is protected by day from one place to another. life of the engine) and instructions for section 208(c) as a trade secret. (iv) Daily Summary (measured in accessing and responding to any Manufacturers may take steps to restrict number of files/pages by day of week). emissions-related diagnostic codes that warranty and customer assurance plan This is defined as the total number of may be stored in on-board monitoring information used only for the purpose of requests each day of the week, over the systems; providing such manufacturer covered time period given at the beginning of the (2) A copy of the engine rebuild repairs to only those repair locations report. provisions contained in § 86.004–40. authorized by the manufacturer. No (v) Daily report (measured in number (i) For each new diesel-fueled engine such information may be withheld of files/pages by the day of the month). subject to the standards prescribed in under section 208(c) of the Act if that This is defined as how many requests § 86.007–11, as applicable, the information is provided (directly or there were in each day of a specific manufacturer shall furnish or cause to indirectly) by the manufacturer to month. be furnished to the ultimate purchaser franchised dealers, authorized service

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networks, or other persons engaged in relevant for the diagnosis and repair of (O) Third party information provider the repair, diagnosing, or servicing of an emissions-related failure found means any individual or entity, other heavy-duty engines. through an evaluation of vehicles in-use than an original equipment (ii) Definitions. The following and after such finding has been manufacturer, who consolidates definitions apply for this paragraph (j): communicated to the affected manufacturer service information and (A) Aftermarket service provider manufacturer(s). makes this information available to means any individual or business (F) Emissions-related training aftermarket service providers. engaged in the diagnosis, service, and information means any information (P) Third party training provider repair of a heavy-duty engine, who is related training or instruction for the means any individual or entity, other not directly affiliated with a purpose of the diagnosis, service, and than an original equipment manufacturer or manufacturer repair of emissions-related components. manufacturer who develops and/or franchised dealership, or authorized (G) Enhanced service and repair delivers instructional and educational service network. information means information which is material for training courses. (B) Authorized service network means specific for an original equipment (4) Information dissemination. By July a group of independent service and manufacturer’s brand of tools and 1, 2010 each manufacturer shall provide repair facilities that are recognized by equipment. This includes computer or or cause to be provided to the persons engine manufacturers as being capable anti-theft system initialization specified in paragraph (j)(3)(i) of this of performing repairs to factory information necessary for the section and to any other interested specification, including warranty repair completion of any emissions-related parties a manufacturer-specific World work. repair on engines that employ integral (C) Bi-directional control means the Wide Web site containing the security systems. capability of a diagnostic tool to send information specified in paragraph messages on the data bus that (H) Equipment and Tool Company (j)(3)(i) of this section for 2010 and later temporarily overrides the module’s means a registered equipment or model year engines which have been control over a sensor or actuator and software company either public or certified to the OBD requirements gives control to the diagnostic tool private that is engaged in, or plans to specified in § 86.010–18 and are offered operator. Bi-directional controls do not engage in, the manufacture of scan tool for sale; this requirement does not apply create permanent changes to engine or reprogramming equipment or software. to indirect information, including the component calibrations. (I) Generic service and repair information specified in paragraphs (D) Data stream information means information means information which is (j)(13) through (j)(17) of this section. information (i.e., messages and not specific for an original equipment Upon request and approval of the parameters) originated within the manufacturer’s brand of tools and Administrator, manufacturers who can engine by a module or intelligent equipment. demonstrate significant hardship in sensors (i.e., a sensor that contains and (J) Indirect information means any complying with this provision by is controlled by its own module) and information that is not specifically August 27, 2009, may request an transmitted between a network of contained in the service literature, but is additional six months lead time to meet modules and/or intelligent sensors contained in items such as tools or this requirement. Each manufacturer connected in parallel with either one or equipment provided to franchised Web site shall: more communication wires. The dealers or authorized service networks (i) Provide access in full-text to all of information is broadcast over the (or others). This includes computer or the information specified in paragraph communication wires for use by the anti-theft system initialization (j)(6) of this section. OBD system to gather information on information necessary for the (ii) Be updated at the same time as emissions-related components or completion of any emissions-related manufacturer franchised dealership or systems and from other engine modules repair on engines that employ integral authorized service network World Wide that may impact emissions. For the security systems. Web sites. purposes of this section, data stream (K) Intermediary means any (iii) Provide users with a description information does not include engine individual or entity, other than an of the minimum computer hardware calibration related information, or any original equipment manufacturer, which and software needed by the user to data stream information from systems or provides service or equipment to access that manufacturer’s information modules that do not impact emissions. aftermarket service providers. (e.g., computer processor speed and (E) Emissions-related information (L) Manufacturer franchised operating system software). This means any information related to the dealership means any service provider description shall appear when users diagnosis, service, and repair of with which a manufacturer has a direct first log-on to the home page of the emissions-related components. business relationship. manufacturer’s Web site. Emissions-related information includes, (M) Recalibration means the process (iv) Upon Administrator approval, but is not limited to, information of downloading to an engine’s on-board implement a range of time periods for regarding any system, component or computer emissions-related revisions of online access to any person specified in part of an engine that controls emissions on-board computer application software paragraph (j)(3)(i) of this section and that is part of the diagnostic strategy and calibration parameters with default whereby the user will be able to access for an OBD monitor, but not limited to: configurations. Recalibration is not the site, search for the information, and The engine, the fuel system and ignition dependent on the use of the vehicle purchase, view and print the system; information for any system, identification number (VIN) in information at a fair and reasonable cost component or part that is likely to determining vehicle configuration. as specified in paragraph (j)(8) of this impact emissions, and any other (N) Reconfiguration means the section for each of the options. In information specified by the process of enabling or adjusting engine addition, for each of the range of time Administrator to be relevant to the features or engine parameters associated periods, manufacturers are required to diagnosis and repair of an emissions- with such features to adapt a heavy-duty make their entire site accessible for the related problem; any other information engine to a particular vehicle and/or respective period of time and price. In specified by the Administrator to be application. other words, a manufacturer may not

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limit Web site access to just one make Web sites. This excludes indirect evaporative system, exhaust gas re- or one model. information specified in paragraphs circulation (EGR), secondary air, and air (v) Allow the user to search the (j)(7) and (j)(13) through (j)(17) of this conditioning system. Additionally, for manufacturer Web site by various topics section. To the extent that this diesel engines which also perform including but not limited to model, information does not already exist in misfire, fuel system and comprehensive model year, key words or phrases, etc., some form for their manufacturer component monitoring under specific while allowing ready identification of franchised dealerships or authorized driving conditions (i.e., non-continuous the latest calibration. Manufacturers service networks, manufacturers are monitoring; as opposed to spark ignition who do not use model year to classify required to develop and make available engines that monitor these systems their engines in their service the information required by this section under all conditions or continuous information may use an alternate to both their manufacturer franchised monitoring), the manufacturer shall delineation such as body series. Any dealerships or authorized service make available monitor-specific drive manufacturer utilizing this flexibility networks and the aftermarket. The cycles for these monitors. Any shall create a cross-reference to the required information includes, but is manufacturer who develops generic corresponding model year and provide not limited to: drive cycles, either in addition to, or this cross-reference on the manufacturer (i) Manuals, including subsystem and instead of, monitor-specific drive cycles Web site home page. component manuals developed by a shall also make these available in full- (vi) Provide accessibility using manufacturer’s third party supplier that text on manufacturer Web sites; common, readily available software and are made available to manufacturer (D) A listing of each monitor shall not require the use of software, franchised dealerships or authorized sequence, execution frequency and hardware, viewers, or browsers that are service networks, technical service typical duration; not readily available to the general bulletins (TSBs), recall service (E) A listing of typical malfunction public. Manufacturers shall also provide information, diagrams, charts, and thresholds for each monitor; hyperlinks to any plug-ins, viewers or training materials. Informal recall (F) For OBD parameters for specific browsers (e.g. Adobe Acrobat or service information such as engineering engines that deviate from the typical Netscape) needed to access the notes and/or sketches are not required parameters, the OBD description shall manufacturer Web site. to be made available as long as this indicate the deviation and provide a (vii) Allow simple hyper-linking to information is not made available to separate listing of the typical values for the manufacturer Web site from manufacturer franchised dealerships or those engines; Government Web sites and automotive- authorized service networks in the form (G) Identification and scaling related Web sites. of manuals. Manuals and other such information necessary to interpret and (viii) Possess sufficient server service information from third party understand data available through capacity to allow ready access by all suppliers are not required to be made Diagnostic Message 8 pursuant to SAE users and has sufficient capacity to available in full-text on manufacturer J1939–73 (as specified in paragraph assure that all users may obtain needed Web sites as described in paragraph (j)(17) of this section), or through information without undue delay. (j)(4) of this section. Rather, Service/Mode $06 pursuant to SAE (ix) Correct or delete any reported manufacturers must make available on J1979 (as specified in paragraph (j)(17) broken Web links on a weekly basis. the manufacturer Web site as required of this section). (x) Allow for Web site navigation that by paragraph (j)(4) of this section an (H) Algorithms, look-up tables, or any does not require a user to return to the index of the relevant information and values associated with look-up tables manufacturer home page or a search instructions on how to order such are not required to be made available. engine in order to access a different information. In the alternate, a (iii) Any information regarding any portion of the site. manufacturer can create a link from its system, component, or part of a engine (xi) Allow users to print out any and Web site to the Web site(s) of the third monitored by the OBD system that all of the materials required to be made party supplier. could in a failure mode cause the OBD available on the manufacturers Web site (ii) OBD system information which system to illuminate the malfunction that can be reasonably printed on a includes, but is not limited to, the indicator light (MIL); standard printer, including the ability to following: (iv) Manufacturer-specific emissions- print it at the user’s location. (A) A general description of the related diagnostic trouble codes (DTCs) (5) Small volume provisions for operation of each monitor, including a and any related service bulletins, information dissemination. description of the parameter that is troubleshooting guides, and/or repair (i) Manufacturers with total annual being monitored; procedures associated with these sales of less than 5,000 engines shall (B) A listing of all typical OBD manufacturer-specific DTCs; and have until July 1, 2011 to launch their diagnostic trouble codes associated with (v) Information regarding how to individual Web sites as required by each monitor; obtain the information needed to paragraph (j)(4) of this section. (C) A description of the typical perform reinitialization of any computer (ii) Manufacturers with total annual enabling conditions (either generic or or anti-theft system following an sales of less than 1,000 engines may, in monitor-specific) for each monitor (if emissions-related repair. lieu of meeting the requirement of equipped) to execute during engine (7) Anti-theft System Initialization paragraph (j)(4) of this section, request operation, including, but not limited to, Information. Computer or anti-theft the Administrator to approve an minimum and maximum intake air and system initialization information and/or alternative method by which the engine coolant temperature, speed related tools necessary for the proper required emissions-related information range, and time after engine startup. In installation of on-board computers or can be obtained by the persons specified addition, manufacturers shall list all necessary for the completion of any in paragraph (j)(3)(i) of this section. monitor-specific OBD drive cycle emissions-related repair on engines that (6) Required information. All information for all major OBD monitors employ integral security systems or the information relevant to the diagnosis as equipped including, but not limited repair or replacement of any other and completion of emissions-related to, catalyst, catalyst heater, oxygen emission-related part shall be made repairs shall be posted on manufacturer sensor, oxygen sensor heater, available at a fair and reasonable cost to

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the persons specified in paragraph (i) All information required to be manufacturer’s pricing structure and (j)(3)(i) of this section. made available by this section, shall be amounts based on a conclusion that this (i) Except as provided under made available at a fair and reasonable pricing structure and/or amounts are paragraph (j)(7)(ii) of this section, price. In determining whether a price is not, or are no longer, fair and manufacturers must make this fair and reasonable, consideration may reasonable, by sending written notice to information available to persons be given to relevant factors, including, the manufacturer explaining the basis specified in paragraph (j)(3)(i) of this but not limited to, the following: for this decision. section, such that such persons will not (A) The net cost to the manufacturer (D) In the case of a decision by EPA need any special tools or manufacturer- franchised dealerships or authorized not to approve or to withdraw approval, specific scan tools to perform the service networks for similar information the manufacturer shall within three initialization. Manufacturers may make obtained from manufacturers, less any months following notice of this such information available through, for discounts, rebates, or other incentive decision, obtain EPA approval for a example, generic aftermarket tools, a programs; revised pricing structure and amounts pass-through device, or inexpensive (B) The cost to the manufacturer for by following the approval process manufacturer specific cables. preparing and distributing the described in this paragraph. (ii) A manufacturer may request information, excluding any research and (9) Unavailable information. Any Administrator approval for an development costs incurred in information which is not provided at a alternative means to re-initialize engines designing and implementing, upgrading fair and reasonable price shall be for some or all model years through the or altering the onboard computer and its considered unavailable, in violation of 2013 model year by July 27, 2009. The software or any other engine part or these regulations and section 202(m)(5) Administrator shall approve the request component. Amortized capital costs for of the Clean Air Act. only after the following conditions have the preparation and distribution of the (10) Third party information been met: information may be included; providers. (i) By January 1, 2011 (A) The manufacturer must (C) The price charged by other manufacturers shall, for model year demonstrate that the availability of such manufacturers for similar information; 2010 and later engines, make available information to aftermarket service (D) The price charged by to third-party information providers as providers would significantly increase manufacturers for similar information defined in paragraph (j)(3)(ii) of this the risk of theft. prior to the launch of manufacturer Web section with whom they may wish to (B) The manufacturer must make sites; engage in licensing or business available a reasonable alternative means (E) The ability of the average arrangements, the required emissions- to install or repair computers, or to aftermarket technician or shop to afford related information as specified in otherwise repair or replace an emission- the information; paragraph (j)(6) of this section either: (F) The means by which the related part. (A) Directly in electronic format such information is distributed; (C) Any alternative means proposed (G) The extent to which the as diskette or CD-ROM using non- by a manufacturer cannot require information is used, which includes the proprietary software, in English; or aftermarket technicians to use a number of users, and frequency, (B) Indirectly via a Web site other manufacturer franchised dealership or duration, and volume of use; and than that required by paragraph (j)(4) of authorized service networks to obtain (H) Inflation. this section information or special tools to re- (ii) Manufacturers must submit to (ii) Manufacturers are not responsible initialize the anti-theft system. All EPA a request for approval of their for the accuracy of the information information must come directly from pricing structure for their Web sites and distributed by third parties. However, the manufacturer or a single amounts to be charged for the where manufacturers charge manufacturer-specified designee. information required to be made information intermediaries for (D) Any alternative means proposed available under paragraphs (j)(4) and information, whether through licensing by a manufacturer must be available to (j)(6) of this section at least 180 days in agreements or other arrangements, aftermarket technicians at a fair and advance of the launch of the web site. manufacturers are responsible for reasonable price. Subsequent to the approval of the inaccuracies contained in the (E) Any alternative must be available manufacturer Web site pricing structure, information they provide to third party to aftermarket technicians within manufacturers shall notify EPA upon information providers. twenty-four hours of the initial request. the increase in price of any one or all (11) Required emissions-related (F) Any alternative must not require of the subscription options of 20 percent training information. By January 1, the purchase of a special tool or tools, or more above the previously approved 2011, for emissions-related training including manufacturer-specific tools, price, taking inflation into account. information, manufacturers shall: to complete this repair. Alternatives (A) The manufacturer shall submit a (i) Video tape or otherwise duplicate may include lease of such tools, but request to EPA that sets forth a detailed and make available for sale on only for appropriately minimal cost. description of the pricing structure and manufacturer Web sites within 30 days (G) In lieu of leasing their amounts, and support for the position after transmission any emissions-related manufacturer-specific tool to meet this that the pricing structure and amounts training courses provided to requirement, a manufacturer may also are fair and reasonable by addressing, at manufacturer franchised dealerships or choose to release the necessary a minimum, each of the factors specified authorized service networks via the information to equipment and tool in paragraph (j)(8)(i) of this section. Internet or satellite transmission. manufacturers for incorporation into (B) EPA will act upon on the request Manufacturers shall not be required to aftermarket scan tools. Any within180 days following receipt of a duplicate transmitted emissions-related manufacturer choosing this option must complete request or following receipt of training courses if anyone engaged in release the information to equipment any additional information requested by the repairing or servicing of heavy-duty and tool manufacturers within 60 days EPA. engines has the opportunity to receive of Administrator approval. (C) EPA may decide not to approve, the Internet or satellite transmission, (8) Cost of required information. or to withdraw approval for a even if there is a cost associated with

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the equipment required to receive the document to which it refers. (as specified in paragraph (j)(17) of this transmission; Manufacturers may allow for the section). (ii) Provide on the manufacturer Web ordering of information directly from (v) Manufacturers may take any site an index of all emissions-related their Web site, or from a Web site reasonable business precautions training information available for hyperlinked to the manufacturer Web necessary to protect proprietary purchase by aftermarket service site. In the alternate, manufacturers business information and are not providers for 2010 and newer engines. shall list a phone number and address required to provide this information to The required information must be made where aftermarket service providers can any party that does not agree to these available for purchase within 3 months call or write to obtain the desired reasonable business precautions. The of model introduction and then must be information. Manufacturers must also requirements to make hardware made available at the same time it is provide the price of each item listed, as available and to release the information made available to manufacturer well as the price of items ordered on a to equipment and tool companies apply franchised dealerships or authorized subscription basis. To the extent that on July 1, 2013, and within 3 months of service networks, whichever is earlier. any additional information is added or model introduction for all new model The index shall describe the title of the changed for these model years, years. course or instructional session, the cost manufacturers shall update the index as (14) Generic and enhanced of the video tape or duplicate, and appropriate. Manufacturers will be information for scan tools. By July 1, information on how to order the item(s) responsible for ensuring that their 2013, manufacturers shall make from the manufacturer Web site. All of information distributors do so within available to equipment and tool the items available must be shipped one regular business day of receiving companies all generic and enhanced within 3 business day of the order being the order. Items that are less than 20 service information including bi- placed and are to made available at a pages (e.g. technical service bulletins) directional control and data stream fair and reasonable price as described in shall be faxed to the requestor and information as defined in paragraph paragraph (j)(8) of this section. distributors are required to deliver the (j)(3(ii) of this section. This requirement Manufacturers unable to meet the 3 information overnight if requested and applies for 2013 and later model year business day shipping requirement paid for by the ordering party. Archived engines. under circumstances where orders information must be made available on (i) The information required by this exceed supply and additional time is demand and at a fair and reasonable paragraph (j)(14) shall be provided needed by the distributor to reproduce price. electronically using common document the item being ordered, may exceed the (13) Recalibration Information. formats to equipment and tool 3 business day shipping requirement, (i) Manufacturers shall make available companies with whom they have but in no instance can take longer than to the persons specified in paragraph appropriate licensing, contractual, and/ 14 days to ship the item. (j)(3)(i) of this section all emissions- or confidentiality arrangements. To the (12) Timeliness and maintenance of related recalibration or reprogramming extent that a central repository for this information dissemination. events (including driveability information (e.g. the TEK–NET library (i) Subsequent to the initial launch of reprogramming events that may affect developed by the Equipment and Tool the manufacturer’s Web site, emissions) in the format of their choice Institute) is used to warehouse this manufacturers must make the at the same time they are made available information, the Administrator shall information required under paragraph to manufacturer franchised dealerships have free unrestricted access. In (j)(6) of this section available on their or authorized service networks. This addition, information required by this Web site within six months of model requirement applies on July 1, 2013. paragraph (j)(14) shall be made available introduction, or at the same time it is (ii) Manufacturers shall provide to equipment and tool companies who made available to manufacturer persons specified in paragraph (j)(3)(i) are not otherwise members of any franchised dealerships or authorized of this section with an efficient and central repository and shall have access service networks, whichever is earlier. cost-effective method for identifying if the non-members have arranged for After this six month period, the whether the calibrations on engines are the appropriate licensing, contractual information must be available and the latest to be issued. This requirement and/or confidentiality arrangements updated on the manufacturer Web site applies on July 1, 2013. with the manufacturer and/or a central at the same time that the updated (iii) For all 2013 and later OBD repository. information is made available to engines equipped with reprogramming (ii) In addition to the generic and manufacturer franchised dealerships or capability, manufacturers shall comply enhanced information defined in authorized service networks, except as with either SAE J2534–1 (as specified in paragraph (j)(3)(ii) of this section, otherwise specified in this section. paragraph (j)(17) of this section), or the manufacturers shall also make available (ii) Archived information. Technology and Maintenance Council’s the following information necessary for Manufacturers must maintain the (TMC) Recommended Practice TMC RP developing generic diagnostic scan required information on their Web sites 1210B (as specified in paragraph (j)(17) tools: in full-text as defined in paragraph (j)(6) of this section). (A) The physical hardware of this section for a minimum of 15 (iv) For model years 2013 and later, requirements for data communication years after model introduction. manufacturers shall make available to (e.g., system voltage requirements, cable Subsequent to this fifteen year period, aftermarket service providers the terminals/pins, connections such as manufacturers may archive the necessary manufacturer-specific RS232 or USB, wires, etc.), information in the manufacturer’s software applications and calibrations (B) Electronic Control Unit (ECU) data format of choice and provide an index needed to initiate pass-through communication (e.g., serial data of the archived information on the reprogramming. This software shall be protocols, transmission speed or baud manufacturer Web site and how it can able to run on a standard personal rate, bit timing requirements, etc.), be obtained by interested parties. computer that utilizes standard (C) Information on the application Manufacturers shall index their operating systems as specified in either physical interface (API) or layers. (i.e., available information with a title that SAE J2534–1 (as specified in paragraph processing algorithms or software adequately describes the contents of the (j)(17) of this section) or TMC RP 1210B design descriptions for procedures such

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as connection, initialization, and the engine manufacturer is able to materials and classes must be made termination), comply but requires additional time available at a fair and reasonable price. (D) Engine application information or within which to do so, the Manufacturers who develop different any other related service information Administrator shall grant the request versions of one or more of their such as special pins and voltages or and provide additional time to fully and diagnostic tools that are used in whole additional connectors that require expeditiously comply. or in part for emission-related diagnosis enablement and specifications for the (vii) Manufacturers may require that and repair shall also insure that all enablement. tools using information covered under emission-related diagnosis and repair (iii) Any manufacturer who utilizes an paragraph (j)(14) of this section comply information is available for sale to the automated process in their with the Component Identifier message aftermarket at a fair and reasonable cost. manufacturer-specific scan tool for specified in SAE J1939–71 (as specified Factors for determining fair and diagnostic fault trees shall make in paragraph (j)(17) of this section) as reasonable cost include, but are not available to equipment and tool Parameter Group Number (PGN) 65249 limited to: companies the data schema, detail (including the message parameter’s (A) The net cost to the manufacturer’s specifications, including category types/ make, model, and serial number) and franchised dealerships or authorized codes and codes, and data format/ the SAE J1939–81 (as specified in service network for similar tools content structure of the diagnostic paragraph (j)(17) of this section) obtained from manufacturers, less any trouble trees. Address Claim PGN. discounts, rebates, or other incentive (iv) Manufacturers can satisfy the (viii) Manufacturers are not required programs; requirement of paragraph (j)(14)(iii) of to make available to equipment and tool (B) The cost to the manufacturer for this section by making available companies any information related to preparing and distributing the tools, diagnostic trouble trees on their reconfiguration capabilities or any other excluding any research and manufacturer Web sites in full-text. information that would make permanent development costs; (v) Manufacturers shall make all changes to existing engine (C) The price charged by other required information available to the configurations. manufacturers of similar sizes for requesting equipment and tool company (15) Availability of manufacturer- similar tools; within 14 days after the request to specific scan tools. (i) Manufacturers (D) The capabilities and functionality purchase has been made unless the shall make available for sale to the of the manufacturer tool; manufacturer requests Administrator persons specified in paragraph (j)(3)(i) (E) The means by which the tools are approval to refuse to disclose such of this section their own manufacturer- distributed; information to the requesting company specific diagnostic tools at a fair and (F) Inflation; or requests Administrator approval for reasonable cost. These tools shall also (G) The ability of aftermarket additional time to comply. After receipt be made available in a timely fashion technicians and shops to afford the of a request and consultation with the either through the manufacturer Web tools. affected parties, the Administrator shall site or through a manufacturer- Manufacturers shall provide technical either grant or refuse the petition based designated intermediary. Upon support to aftermarket service providers on the evidence submitted during the Administrator approval, manufacturers for the tools described in this section, consultation process: will not be required to make available either themselves or through a third- (A) If the evidence demonstrates that manufacturer-specific tools with party of their choice. the engine manufacturer has a reconfiguration capabilities if they can (16) Changing content of reasonably based belief that the demonstrate to the satisfaction of the manufacturer-specific scan tools. requesting equipment and tool company Administrator that these tools are not Manufacturers who opt to remove non- could not produce safe and functionally essential to the completion of an emissions related content from their accurate tools that would not cause emissions-related repair, such as manufacturer-specific scan tools and damage to the engine, the petition for recalibration. As a condition of sell them to the persons specified in non-disclosure will be granted. Engine purchase, manufacturers may request paragraph (j)(3)(i) of this section shall manufacturers are not required to that the purchaser take all necessary adjust the cost of the tool accordingly provide data stream and bi-directional training offered by the engine lower to reflect the decreased value of control information that would permit manufacturer. Any required training the scan tool. All emissions-related an equipment and tool company’s materials and classes must comply with content that remains in the products to modify an EPA-certified the following: manufacturer-specific tool shall be engine or transmission configuration. (A) Similar training must be required identical to the information that is (B) If the evidence does not by the engine manufacturer for the use contained in the complete version of the demonstrate that the engine of the same tool by its franchised manufacturer-specific tool. Any manufacturer has a reasonably-based dealerships or authorized service manufacturer who wishes to implement belief that the requesting equipment and networks; this option must request approval from tool company could not produce safe (B) The training must be substantially the Administrator prior to the and functionally accurate tools that similar to such training in terms of introduction of the tool into commerce. would not cause damage to the engine, material covered and the length of (17) Reference Materials. the petition for non-disclosure will be training; Manufacturers shall conform with the denied and the engine manufacturer, as (C) The training must be made following industry standards. These applicable, shall make the requested available within six months after a tool documents are incorporated by information available to the requesting request has been made; reference in § 86.1. Anyone may inspect equipment and tool company within 2 (D) The training must be made copies at the U.S. EPA or at the National days of the denial. available at a fair and reasonable price. Archives and Records Administration (vi) If the manufacturer submits a (ii) Manufacturers shall ship (NARA). For information on the request for Administrator approval for purchased tools in a timely manner after availability of this material at U.S. EPA, additional time, and satisfactorily a request and training, if any, has been NARA, or the standard making bodies demonstrates to the Administrator that completed. Any required training directly, refer to § 86.1.

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(i) SAE J1939–71, Revised January etc.). Manufacturers shall provide to the appropriate transmission diagnostics as 2008. For providing a means for the Administrator reports on an annual may be required under this section, and application processes to access the OSI basis within 30 days of the end of the provided that the Administrator finds environment, manufacturers shall calendar year. These annual reports that a manufacturer’s decision to use the comply with this industry standard. shall be submitted to the Administrator flexibility in this paragraph (a)(3) is (ii) SAE J1939–73, Revised September electronically utilizing non-proprietary based on good engineering judgement. 2006. For identification and scaling software in the format as agreed to by * * * * * information necessary to interpret and the Administrator and the (h) The following documents are understand data available through manufacturers. incorporated by reference, see § 86.1. Diagnostic Message 8, manufacturers (19) Prohibited Acts, Liability and Anyone may inspect copies at the U.S. shall comply with this industry Remedies. EPA or at the National Archives and standard. In the alternate, manufacturers (i) It is a prohibited act for any person Records Administration (NARA). For may comply with Service/Mode $06 to fail to promptly provide or cause a information on the availability of this pursuant to SAE J1979, Revised May failure to promptly provide information material at U.S. EPA, NARA, or the 2007. These recommended practices as required by this paragraph (j), or to standard making bodies directly, refer to describe the implementation of otherwise fail to comply or cause a § 86.1. diagnostic test modes for emissions failure to comply with any provision of (1) * * * related test data. Manufacturers shall this subsection. (v) SAE J1930, Revised April 2002. comply with either SAE J1939–73 or (ii) Any person who fails or causes the All acronyms, definitions and SAE J1979 beginning with Model Year failure to comply with any provision of abbreviations shall be formatted 2013. this paragraph (j) is liable for a violation according to this industry standard. (iii) SAE J1939–81, Revised May 2003. of that provision. A corporation is Alternatively, manufacturers may use For management of source addresses presumed liable for any violations of SAE J2403, Revised August 2007. and the association of those address this subpart that are committed by any with an actual function and with the of its subsidiaries, affiliates or parents * * * * * (vii) As an alternative to the above detection and reporting of network that are substantially owned by it or standards, heavy-duty vehicles may realized errors, manufacturers shall substantially under its control. comply with this industry standard. (iii) Any person who violates a conform to the specifications of these (iv) SAE J2403, Revised August 2007. provision of this paragraph (j) shall be SAE standards: SAE J1939–11, Revised For Web-based delivery of service subject to a civil penalty of not more October 1999; SAE J1939–13, July 1999; information, manufacturers shall than $ 31,500 per day for each violation. SAE J1939–21, Revised April 2001; SAE comply with this industry standard This maximum penalty is shown for J1939–31, Revised December 1997; SAE which standardizes various terms, calendar year 2002. Maximum penalty J1939–71, Revised August 2002; SAE abbreviations, and acronyms associated limits for later years may be set higher J1939–73, Revised June 2001; SAE with on-board diagnostics. based on the Consumer Price Index, as J1939–81, July 1997. Manufacturers shall comply with SAE specified in 40 CFR part 19. In addition, (2) * * * (iv) ISO 15765–4:2005(E), January 15, J2403 beginning with the Model Year such person shall be liable for all other 2005. Beginning with the 2008 model 2013. remedies set forth in Title II of the Clean year and beyond, this industry standard (v) TMC RP 1210B, Revised June Air Act, remedies pertaining to shall be the only acceptable protocol 2007. For pass-thru reprogramming provisions of Title II of the Clean Air used for standardized on-board to off- capabilities, manufacturers shall comply Act, or other applicable provisions of board communications for vehicles with Technology and Maintenance law. Council’s (TMC) Recommended Practice (iv) Manufacturers will not have any below 8500 pounds. For vehicles 8500 TMC RP 1210B. In the alternate, emissions warranty, in-use compliance, to 14000 pounds, either this ISO manufacturers may comply with SAE defect reporting or recall liability for industry standard or the SAE standards J2534–1, Revised December 2004. These service on a heavy-duty engine that is listed in paragraph (h)(1)(vii) of this recommended practices provide not undertaken by the manufacturer, for section shall be the only acceptable technical specifications and information any damage caused by their own tools protocols used for standardized on- that manufacturers must supply to in the hands of independent service board to off-board communications. equipment and tool companies to providers, or for the use and misuse of (i) Deficiencies and alternative fueled develop aftermarket pass-thru third party tools. vehicles. Upon application by the reprogramming tools. Manufacturers manufacturer, the Administrator may ■ 8. Section 86.1806–05 is amended by shall comply with either TMC RP 1210B accept an OBD system as compliant revising the section heading, paragraphs or SAE J2534–1 beginning with Model even though specific requirements are (a)(3), (h) introductory text, (h)(1)(v), Year 2013. not fully met. Such compliances (h)(1)(vii), (i), and (j) and adding new (18) Reporting Requirements. without meeting specific requirements, paragraphs (h)(2)(iv), (n) and (o) to read Performance reports that adequately or deficiencies, will be granted only if as follows: demonstrate that each manufacturers compliance would be infeasible or website meets the information § 86.1806–05 On-board diagnostics for unreasonable considering such factors requirements outlined in paragraphs vehicles less than or equal to 14,000 as, but not limited to: Technical (j)(6)(i) through (j)(6)(vi) of this section pounds GVWR. feasibility of the given monitor and lead shall be submitted to the Administrator (a) * * * time and production cycles including annually or upon request by the (3) An OBD system demonstrated to phase-in or phase-out of vehicle designs Administrator. These reports shall fully meet the requirements in, through and programmed upgrades of indicate the performance and model year 2006, § 86.004–17 and, for computers. Unmet requirements should effectiveness of the websites by using model years 2007 and later, § 86.007–17 not be carried over from the previous commonly used Internet statistics (e.g., may be used to meet the requirements model year except where unreasonable successful requests, frequency of use, of this section, provided that such an hardware or software modifications number of subscriptions purchased, OBD system also incorporates would be necessary to correct the

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deficiency, and the manufacturer has to satisfy the requirements of this 100 degrees C, or to reach the necessary demonstrated an acceptable level of section. Also, the deficiency provisions DPF regeneration temperature, within effort toward compliance as determined of 13 CCR 1968.2(k) do not apply. In 60 seconds of initiating an active DPF by the Administrator. Furthermore, EPA addition, demonstration of compliance regeneration. Further, oxidation catalyst will not accept any deficiency requests with 13 CCR 1968.2(e)(15.2.1)(C), to the deterioration or malfunction when the that include the complete lack of a extent it applies to the verification of DOC is unable to sustain the necessary major diagnostic monitor (‘‘major’’ proper alignment between the camshaft regeneration temperature for the diagnostic monitors being those for and crankshaft, applies only to vehicles duration of the regeneration event. The exhaust aftertreatment devices, oxygen equipped with variable valve timing. OBD or control system must abort the sensor, air-fuel ratio sensor, NOX sensor, For all model years, the deficiency regeneration if the regeneration engine misfire, evaporative leaks, and provisions of paragraph (i) of this temperature has not been reached diesel EGR, if equipped), with the section and the evaporative leak within five minutes of initiating an possible exception of the special detection requirement of paragraph active regeneration event, and if the provisions for alternative fueled (b)(4) of this section, if applicable, apply regeneration temperature cannot be engines. For alternative fueled vehicles to manufacturers selecting this sustained for the duration of the (e.g., natural gas, liquefied petroleum paragraph for demonstrating regeneration event. gas, methanol, ethanol), manufacturers compliance. (ii) If equipped with a DPF, for all may request the Administrator to waive * * * * * model years, catastrophic failure of the specific monitoring requirements of this (n) For 2007 and later model year device must be detected. Any DPF whose complete failure results in section for which monitoring may not diesel complete heavy-duty vehicles, in exhaust emissions exceeding 1.5 times be reliable with respect to the use of the lieu of the malfunction descriptions of the applicable PM standard or family alternative fuel. At a minimum, paragraph (b) of this section, the emissions limit (FEL) must be alternative fuel engines must be malfunction descriptions of this monitored for such catastrophic failure. equipped with an OBD system meeting paragraph (n) shall apply. The OBD This monitoring need not be done if the OBD requirements to the extent feasible system must detect and identify manufacturer can demonstrate that a as approved by the Administrator. malfunctions in all monitored emission- catastrophic failure of the system will (j) California OBDII compliance related powertrain systems or not result in exceedance of the option. Through the 2006 model year, components according to the following threshold. Further, if equipped with a for light-duty vehicles, light-duty trucks, malfunction definitions as measured DPF, the OBD system shall detect DPF and heavy-duty vehicles weighing and calculated in accordance with test deterioration or malfunction before it 14,000 pounds GVWR or less, procedures set forth in subpart B of this results in exhaust emissions exceeding, demonstration of compliance with part (chassis-based test procedures), for 2010 through 2012 model years, 4 California OBDII requirements (Title 13 excluding those test procedures defined times the applicable PM standard and, California Code of Regulations § 1968.2 as ‘‘Supplemental’’ test procedures in for 2013 and later model years, the (13 CCR 1968.2)), as modified, approved § 86.004–2 and codified in §§ 86.158, applicable PM standard +0.04 g/mi. and filed on April 21, 2003 86.159, and 86.160. (2) Engine misfire. Lack of cylinder (incorporated by reference, see § 86.1), (1) Catalysts and diesel particulate combustion must be detected. shall satisfy the requirements of this filters (DPF). (3) Exhaust gas sensors. section, except that compliance with 13 (i) If equipped, reduction catalyst (i) Oxygen sensors and air-fuel ratio CCR 1968.2(e)(4.2.2)(C), pertaining to deterioration or malfunction before it sensors downstream of aftertreatment 0.02 inch evaporative leak detection, results in exhaust emissions exceeding, devices. If equipped, sensor and 13 CCR 1968.2(d)(1.4), pertaining to for model years 2007 through 2009, 4 deterioration or malfunction resulting in tampering protection, are not required times the applicable NOX standard and, exhaust emissions exceeding any of the to satisfy the requirements of this for model years 2010 through 2012, the following levels: for 2007 through 2009 section. Also, the deficiency provisions applicable NOX standard+0.6 g/mi and, model years, 4 times the applicable PM of 13 CCR 1968.2(i) do not apply. In for model years 2013 and later, the standard, or 3 times the applicable NOX addition, demonstration of compliance applicable NOX standard+0.3 g/mi. standard, or 2.5 times the applicable with 13 CCR 1968.2(e)(16.2.1)(C), to the Further, if equipped, oxidation catalyst NMHC standard and, for 2010 through extent it applies to the verification of (not to include the DPF), deterioration 2012 model years, 4 times the proper alignment between the camshaft or malfunction before it results in applicable PM standard, or the and crankshaft, applies only to vehicles exhaust NMHC emissions exceeding, for applicable NOX standard+0.3 g/mi, or equipped with variable valve timing. 2010 through 2012 model years, 2.5 2.5 times the applicable NMHC standard Beginning with the 2007 model year, for times the applicable NMHC standard and, for 2013 and later model years, the light-duty vehicles, light-duty trucks, and, for 2013 and later model years, 2 applicable PM standard+0.04 g/mi, or and heavy-duty vehicles weighing times the applicable NMHC standard. the applicable NOX standard+0.3 g/mi, 14,000 pounds GVWR or less, Monitoring of oxidation catalysts is not or 2 times the applicable NMHC demonstration of compliance with required through the 2009 model year. standard. California OBD II requirements (Title 13 These catalyst monitoring need not be (ii) Oxygen sensors and air-fuel ratio California Code of Regulations § 1968.2 done if the manufacturer can sensors upstream of aftertreatment (13 CCR 1968.2)), approved on demonstrate that deterioration or devices. If equipped, sensor November 9, 2007 (incorporated by malfunction of the system will not deterioration or malfunction resulting in reference, see § 86.1), shall satisfy the result in exceedance of the threshold. exhaust emissions exceeding any of the requirements of this section, except that As an alternative to the oxidation following levels: for 2007 through 2009 compliance with 13 CCR catalyst monitoring requirement, the model years, 4 times the applicable PM 1968.2(e)(4.2.2)(C), pertaining to 0.02 monitor can be designed to detect standard, or 3 times the applicable NOX inch evaporative leak detection, and 13 oxidation catalyst deterioration or standard, or 2.5 times the applicable CCR 1968.2(d)(1.4), pertaining to malfunction before it results in an NMHC standard, or 2.5 times the tampering protection, are not required inability to achieve a temperature rise of applicable CO standard and, for 2010

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through 2012 model years, the emission-related powertrain system or applicable NMHC standard and, for applicable PM standard+0.02 g/mi, or component not otherwise described in 2013 and later model years, 2 times the the applicable NOX standard+0.3 g/mi, paragraphs (n)(1) through (n)(5) of this applicable NMHC standard. If or 2.5 times the applicable NMHC section that either provides input to or monitored for exotherm performance for standard, or 2.5 times the applicable CO receives commands from the on-board 2010 and later model years, an standard and, for 2013 and later model computer and has a measurable impact oxidation catalsyt is replaced with a years, the applicable PM standard+0.02 on emissions; monitoring of deteriorated or defective catalyst, or an g/mi, or the applicable NOX components required by this paragraph electronic simulation of such, resulting standard+0.3 g/mi, or 2 times the (n)(6) must be satisfied by employing in an inability to achieve a 100 degree applicable NMHC standard, or 2 times electrical circuit continuity checks and C temperature rise, or the necessary the applicable CO standard. rationality checks for computer input regeneration temperature, within 60 (iii) NOX sensors. If equipped, sensor components (input values within seconds of initiating a DPF regeneration. deterioration or malfunction resulting in manufacturer specified ranges based on (ii) If monitored for performance—a exhaust emissions exceeding any of the other available operating parameters), DPF is replaced with a DPF that has following levels: for 2007 through 2009 and functionality checks for computer catastrophically failed, or an electronic model years, 5 times the applicable PM output components (proper functional simulation of such. Further, a DPF is standard, or 4 times the applicable NOX response to computer commands) replaced with a deteriorated or defective standard and, for 2010 through 2012 except that the Administrator may DPF, or an electronic simulation of model years, 4 times the applicable PM waive such a rationality or functionality such, resulting in exhaust PM emissions standard, or the applicable NOX check where the manufacturer has exceeding, for 2010 through 2012 model standard+0.6 g/mi and, for 2013 and demonstrated infeasibility. years, 4 times the applicable PM later model years, the applicable PM Malfunctions are defined as a failure of standard and, for 2013 and later model standard+0.04 g/mi, or the applicable the system or component to meet the years, the applicable PM standard+0.04 NOX standard+0.3 g/mi. electrical circuit continuity checks or g/mi. (4) [Reserved.] the rationality or functionality checks. (5) Other emission control systems (2) An engine misfire condition is (7) Performance of OBD functions. induced and is not detected. and components. Any deterioration or Any sensor or other component (3)(i) If so equipped, any oxygen malfunction occurring in an engine deterioration or malfunction which sensor or air-fuel ratio sensor located system or component directly intended renders that sensor or component downstream of aftertreatment devices is to control emissions, including but not incapable of performing its function as replaced with a deteriorated or defective necessarily limited to, the exhaust gas part of the OBD system must be detected sensor, or an electronic simulation of recirculation (EGR) system, if equipped, and identified on engines so equipped. and the fuel control system, singularly (o) For 2007 and later model year such, resulting in exhaust emissions resulting in exhaust emissions diesel complete heavy-duty vehicles, in exceeding any of the following levels: exceeding any of the following levels: lieu of the certification provisions of for 2007 through 2009 model years, 4 For 2007 through 2009 model years, 4 paragraph (k) of this section, the times the applicable PM standard, or 3 times the applicable PM standard, or 3 certification provisions of this times the applicable NOX standard, or 2.5 times the applicable NMHC standard times the applicable NOX standard, or paragraph (o) shall apply. For test 2.5 times the applicable NMHC groups required to have an OBD system, and, for 2010 through 2012 model years, standard, or 2.5 times the applicable CO certification will not be granted if, for 4 times the applicable PM standard, or standard and, for 2010 through 2012 any test vehicle approved by the the applicable NOX standard+0.3 g/mi, model years, 4 times the applicable PM Administrator in consultation with the or 2.5 times the applicable NMHC standard, or the applicable NOX manufacturer, the malfunction indicator standard and, for 2013 and later model standard+0.3 g/mi, or 2.5 times the light does not illuminate under any of years, the applicable PM standard+0.04 applicable NMHC standard, or 2.5 times the following circumstances, unless the g/mi, or the applicable NOX the applicable CO standard and, for manufacturer can demonstrate that any standard+0.3 g/mi, or 2 times the 2013 and later model years, the identified OBD problems discovered applicable NMHC standard. applicable PM standard+0.02 g/mi, or during the Administrator’s evaluation (ii) If so equipped, any oxygen sensor the applicable NOX standard+0.3 g/mi, will be corrected on production or air-fuel ratio sensor located upstream or 2 times the applicable NMHC vehicles. of aftertreatment devices is replaced standard, or 2 times the applicable CO (1)(i) If monitored for emissions with a deteriorated or defective sensor, standard. A functional check, as performance—a reduction catalyst is or an electronic simulation of such, described in paragraph (n)(6) of this replaced with a deteriorated or defective resulting in exhaust emissions section, may satisfy the requirements of catalyst, or an electronic simulation of exceeding any of the following levels: this paragraph (n)(5) provided the such, resulting in exhaust emissions for 2007 through 2009 model years, 4 manufacturer can demonstrate that a exceeding, for 2007 through 2009 model times the applicable PM standard, or 3 malfunction would not cause emissions years, 4 times the applicable NOX times the applicable NOX standard, or to exceed the applicable levels. This standard and, for 2010 through 2012 2.5 times the applicable NMHC demonstration is subject to model years, the applicable NOX standard, or 2.5 times the applicable CO Administrator approval. For engines standard+0.6 g/mi and, for 2013 and standard and, for 2010 through 2012 equipped with crankcase ventilation later model years, the applicable NOX model years, the applicable PM (CV), monitoring of the CV system is not standard+0.3 g/mi. Also if monitored for standard+0.02 g/mi, or the applicable necessary provided the manufacturer emissions performance-an oxidation NOX standard+0.3 g/mi, or 2.5 times the can demonstrate to the Administrator’s catalyst (not to include the DPF) is applicable NMHC standard, or 2.5 times satisfaction that the CV system is replaced with a deteriorated or defective the applicable CO standard and, for unlikely to fail. catalyst, or an electronic simulation of 2013 and later model years, the (6) Other emission-related powertrain such, resulting in exhaust NMHC applicable PM standard+0.02 g/mi, or components. Any other deterioration or emissions exceeding, for 2010 through the applicable NOX standard+0.3 g/mi, malfunction occurring in an electronic 2012 model years, 2.5 times the or 2 times the applicable NMHC

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standard, or 2 times the applicable CO (6) A malfunction condition is (5) Hobby engines. This part does not standard. induced in an electronic emission- apply for engines installed in reduced-

(iii) If so equipped, any NOX sensor is related powertrain system or component scale models of vehicles that are not replaced with a deteriorated or defective not otherwise described in this capable of transporting a person. sensor, or an electronic simulation of paragraph (o) that either provides input * * * * * such, resulting in exhaust emissions to or receives commands from the on- exceeding any of the following levels: board computer resulting in a PART 90—CONTROL OF EMISSIONS for 2007 through 2009 model years, 5 measurable impact on emissions. FROM NONROAD SPARK-IGNITION times the applicable PM standard, or 4 ■ 9. Section 86.1863–07 is amended by ENGINES AT OR BELOW 19 KILOWATTS times the applicable NOX standard and, revising paragraphs (b) and (c) to read as follows. for 2010 through 2012 model years, 4 ■ times the applicable PM standard, or the 12. The authority citation for part 90 § 86.1863–07 Optional chassis certification continues to read as follows: applicable NOX standard+0.6 g/mi and, for diesel vehicles. for 2013 and later model years, the Authority: 42 U.S.C. 7401–7671q. * * * * * applicable PM standard+0.04 g/mi, or (b) For OBD, diesel vehicles Subpart G—[Amended] the applicable NOX standard+0.3 g/mi. optionally certified under this section (4) [Reserved.] are subject to the OBD requirements of ■ 13. Section 90.611 is revised to read (5) A malfunction condition is § 86.1806–05 and superseding sections. as follows: induced in any emission-related engine (c) Diesel vehicles optionally certified under this section may be tested using § 90.611 Importation for purposes other system or component, including but not than resale. necessarily limited to, the exhaust gas the test fuels, sampling systems, or recirculation (EGR) system, if equipped, analytical systems specified for diesel The provisions of 40 CFR 1054.630 and the fuel control system, singularly engines in Subpart N of this part or in apply for importation of nonconforming resulting in exhaust emissions 40 CFR part 1065. engines for personal use. exceeding any of the following levels: * * * * * PART 1027—FEES FOR ENGINE, for 2007 through 2009 model years, 4 PART 89—CONTROL OF EMISSIONS VEHICLE, AND EQUIPMENT times the applicable PM standard or 3 COMPLIANCE PROGRAMS times the applicable NOX standard, or FROM NEW AND IN-USE NONROAD COMPRESSION-IGNITION ENGINES 2.5 times the applicable NMHC ■ 14. The authority citation for part standard, or 2.5 times the applicable CO ■ 10. The authority citation for part 89 1027 continues to read as follows: standard and, for 2010 through 2012 continues to read as follows: model years, 4 times the applicable PM Authority: 42 U.S.C. 7401–7671q. Authority: 42 U.S.C. 7401–7671q. standard, or the applicable NOX ■ 15. Section 1027.105 is amended by standard+0.3 g/mi, or 2.5 times the Subpart A—[Amended] revising the equation in paragraph applicable NMHC standard, or 2.5 times (c)(1)(i) and the equation in paragraph the applicable CO standard and, for ■ 11. Section 89.1 is amended by (c)(1)(ii) to read as follows. 2013 and later model years, the revising paragraph (b)(5) to read as § 1027.105 How much are the fees? applicable PM standard+0.02 g/mi, or follows: the applicable NOX standard+0.3 g/mi, * * * * * or 2 times the applicable NMHC § 89.1 Applicability. (c) * * * standard, or 2 times the applicable CO * * * * * (1) * * * standard. (b) * * * (i) * * *

* * * * * (ii) * * *

* * * * * Authority: 42 U.S.C. 7401–7671q. § 1033.150 Interim provisions. * * * * * PART 1033—CONTROL OF EMISSIONS Subpart B—[Amended] FROM LOCOMOTIVES (f) * * * ■ 17. Section 1033.150 is amended by ■ 16. The authority citation for part revising Table 1 in paragraph (f) to read 1033 continues to read as follows: as follows.

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TABLE 1 TO § 1033.150—IN-USE ADJUSTMENTS FOR TIER 4 LOCOMOTIVES

In-use adjustments (g/bhp-hr)

For model For model Fraction of useful life already used year 2017 and year 2017 and earlier Tier 4 earlier Tier 4 NOX standards PM standards

0 < MW-hrs ≤ 50% of UL ...... 0.7 0.01 50 < MW-hrs ≤ 75% of UL ...... 1.0 0.01 MW-hrs > 75% of UL ...... 1.3 0.01

* * * * * within ± 5 seconds of the specified time notch 5, and notch 8) meets the criteria in each test mode. If the PM sample is for minimum dilution ratio in 40 CFR Subpart F—[Amended] not sufficiently large, take one of the part 1065. following actions consistent with good * * * * * ■ 18. Section 1033.515 is amended by engineering judgment: revising paragraph (c)(5) to read as (i) Extend the sampling period up to ■ 19. Section 1033.520 is amended by follows. a maximum of 15 minutes. removing Tables 1 and 2 in paragraph (ii) Group the modes in the same (e)(7), and adding a new paragraph (g) § 1033.515 Discrete-mode steady-state manner as the phases of the ramped to read as follows: emission tests of locomotives and modal cycle and use three different locomotive engines. § 1033.520 Alternative ramped modal dilution settings for the groups. Use one cycles. * * * * * setting for both idle modes, one for (c) * * * dynamic brake through notch 5, and one * * * * * (5) Begin proportional sampling of PM for notches 6 through 8. For each group, (g) The following tables define emissions at the beginning of each ensure that the mode with the highest applicable ramped modal cycles for sampling period and terminate sampling exhaust flow (typically normal idle, line-haul and switch locomotives:

TABLE 1 TO § 1033.520—LINE-HAUL LOCOMOTIVE RAMPED MODAL CYCLE

Time in Weighting RMC mode RMC test phase factor mode (seconds) Notch setting

Pre-test idle NA NA 600 to 900 Lowest idle setting 1

Phase 1 A 600 Low Idle.2 (Idle test) ...... 0.380 B 600 Normal Idle.

Phase Transition

C 1000 Dynamic Brake.3 1 520 Notch 1. Phase 2 ...... 0.389 2 520 Notch 2. 3 416 Notch 3. 4 352 Notch 4. 5 304 Notch 5.

Phase Transition

6 144 Notch 6. Phase 3 ...... 0.231 7 111 Notch 7. 8 600 Notch 8. 1 See paragraph (d) of this section for alternate pre-test provisions. 2 Operate at normal idle for modes A and B if not equipped with multiple idle settings. 3 Operate at normal idle if not equipped with a dynamic brake.

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TABLE 2 TO § 1033.520—SWITCH LOCOMOTIVE RAMPED MODAL CYCLE

Time in Weighting RMC mode RMC test phase factor mode (seconds) Notch setting

Pre-test idle NA NA 600 to 900 Lowest idle setting 1

Phase 1 A 600 Low Idle.2 (Idle test) ...... 0.598 B 600 Normal Idle.

Phase Transition

1 868 Notch 1. 2 861 Notch 2. Phase 2 ...... 0.377 3 406 Notch 3. 4 252 Notch 4. 5 252 Notch 5.

Phase Transition

6 1080 Notch 6. Phase 3 ...... 0.025 7 144 Notch 7. 8 576 Notch 8. 1 See paragraph (d) of this section for alternate pre-test provisions. 2 Operate at normal idle for modes A and B if not equipped with multiple idle settings.

Subpart G—[Amended] § 1033.645 Non-OEM component (3) We may determine that other types certification program. of components can be certified under ■ 20. Section 1033.640 is amended by * * * * * this section, consistent with good revising paragraph (a)(2) to read as (a) Applicability. This section applies engineering judgment. follows. only for components that are commonly * * * * * replaced during remanufacturing. It § 1033.640 Provisions for repowered and does not apply for other types of PART 1042—CONTROL OF EMISSIONS refurbished locomotives. components that are replaced during a FROM NEW AND IN-USE MARINE (a) * * * locomotive’s useful life, but not COMPRESSION-IGNITION ENGINES (2) Refurbished locomotives are typically replaced during AND VESSELS locomotives that contain more unused remanufacture. Certified components parts than previously used parts. As may be used for remanufacturing or ■ 22. The authority citation for part described in this section, a locomotive other maintenance. 1042 continues to read as follows: (1) The following components are containing more unused parts than Authority: 42 U.S.C. 7401–7671q. previously used parts may be deemed to eligible for approval under this section: be either remanufactured or freshly (i) Cylinder liners. Subpart B—[Amended] manufactured, depending on the total (ii) Pistons. (iii) Piston rings. amount of unused parts on the ■ 23. Section 1042.101 is amended by locomotive. Note that § 1033.901 defines (iv) Heads (v) Fuel injectors. revising Table 1 in paragraph (a)(3) to refurbishment of a pre-1973 locomotive read as follows: to be an upgrade of the locomotive. (vi) Turbochargers (vii) Aftercoolers and intercoolers. § 1042.101 Exhaust emission standards. * * * * * (2) Catalysts and electronic controls ■ 21. Section 1033.645 is amended by are not eligible for approval under this (a) * * * revising paragraph (a) to read as follows. section. (3) * * *

TABLE 1 TO § 1042.101—TIER 3 STANDARDS FOR CATEGORY 1 ENGINES BELOW 3700 KW A

Power density and application Displacement (L/cyl) Maximum Model year PM NOX + HC engine power (g/kW-hr) (g/kW-hr) b

All ...... disp. < 0.9 ...... kW < 19 ...... 2009+ 0.40 7.5 19 ≤ kW < 75 ...... 2009–2013 0.30 7.5 2014+ 0.30 4.7 Commercial engines with kW/L disp. < 0.9 ...... kW ≥ 75 ...... 2012+ 0.14 5.4 ≤ 35 b. 0.9 ≤ disp. < 1.2 ...... all ...... 2013+ 0.12 5.4 1.2 ≤ disp. < 2.5 ...... kW < 600 ...... 2014–2017 0.11 5.6 2018+ 0.10 5.6 kW ≥ 600 ...... 2014+ 0.11 5.6 2.5 ≤ disp. < 3.5 ...... kW < 600 ...... 2013–2017 0.11 5.6 2018+ 0.10 5.6 kW ≥ 600 ...... 2013+ 0.11 5.6 3.5 ≤ disp. < 7.0 ...... kW < 600 ...... 2012–2017 0.11 5.8 2018+ 0.10 5.8 kW ≥ 600 ...... 2012+ 0.11 5.8

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TABLE 1 TO § 1042.101—TIER 3 STANDARDS FOR CATEGORY 1 ENGINES BELOW 3700 KW A—Continued

+ HC Power density and application Displacement (L/cyl) Maximum Model year PM NOX engine power (g/kW-hr) (g/kW-hr) b

Commercial engines with kW/L disp. < 0.9 ...... kW ≥ 75 ...... 2012+ 0.15 5.8 > 35 and all recreational en- gines b. 0.9 ≤ disp. < 1.2 ...... all ...... 2013+ 0.14 5.8 1.2 ≤ disp. < 2.5 ...... 2014+ 0.12 5.8 2.5 ≤ disp. < 3.5 ...... 2013+ 0.12 5.8 3.5 ≤ disp. < 7.0 ...... 2012+ 0.11 5.8 a No Tier 3 standards apply for commercial Category 1 engines at or above 3700 kW. See § 1042.1(c) and paragraph (a)(6) of this section for the standards that apply for these engines. b The applicable NOX + HC standards specified for Tier 2 engines in Appendix I of this part continue to apply instead of the values noted in the table for commercial engines at or above 2000 kW. FELs for these engines may not be higher than the Tier 1 NOX standard specified in Appen- dix I of this part.

* * * * * to remanufactured engines as described is removed or disabled are no longer in § 1042.635. constant-speed engines. Subpart G—[Amended] * * * * * PART 1048—CONTROL OF EMISSIONS ■ 24. Section 1042.635 is amended by FROM NEW, LARGE NONROAD PART 1054—CONTROL OF EMISSIONS revising paragraphs (a) and (b) and SPARK-IGNITION ENGINES FROM NEW, SMALL NONROAD removing and reserving paragraph (c) to SPARK-IGNITION ENGINES AND read as follows: ■ 26. The authority citation for part EQUIPMENT 1048 continues to read as follows: § 1042.635 National security exemption. ■ Authority: 42 U.S.C. 7401–7671q. 29. The authority citation for part * * * * * 1054 continues to read as follows: (a) An engine is exempt without a Subpart A—[Amended] Authority: 42 U.S.C. 7401–7671q. request if it will be used or owned by an agency of the federal government ■ 27. Section 1048.15 is amended by Subpart G—[Amended] responsible for national defense, where revising paragraph (a) to read as follows: the vessel in which it is installed has ■ 30. Section 1054.690 is amended by armor, permanently attached weaponry, § 1048.15 Do any other regulation parts revising paragraph (a) to read as follows: specialized electronic warfare systems, apply to me? § 1054.690 What bond requirements apply unique stealth performance (a) Part 1060 of this chapter describes for certified engines? requirements, and/or unique combat standards and procedures for (a) Before introducing certified maneuverability requirements. This controlling evaporative emissions from engines into U.S. commerce, you must applies to both remanufactured and engines fueled by gasoline or other post a bond to cover any potential freshly manufactured marine engines. volatile liquid fuels and the associated compliance or enforcement actions (b) Manufacturers may request a fuel systems. These requirements apply under the Clean Air Act unless you national security exemption for engines to engine manufacturers as specified in demonstrate to us in your application not meeting the conditions of paragraph this part 1048. Part 1060 applies for certification that you are able to meet (a) of this section, as long as the request optionally for equipment manufacturers any potential compliance- or is endorsed by an agency of the federal and fuel-system component enforcement-related obligations, as government responsible for national manufacturers for certifying their described in this section. See paragraph defense. Agencies of the federal products. (j) of this section for the requirements government responsible for national * * * * * related to importing engines that have defense may request exemptions for been certified by someone else. Note remanufactured engines. In your Subpart I—[Amended] that you might also post bond under this request, explain why you need the section to meet your obligations under exemption. ■ 28. Section 1048.801 is amended by § 1054.120. revising the definition for ‘‘Constant- (c) [Reserved]. * * * * * * * * * * speed engine’’ to read as follows: § 1048.801 What definitions apply to this PART 1060—CONTROL OF Subpart I—[Amended] part? EVAPORATIVE EMISSIONS FROM * * * * * NEW AND IN-USE NONROAD AND ■ 25. Section 1042.850 is amended by STATIONARY EQUIPMENT adding paragraph (d) to read as follows: Constant-speed engine means an engine that is certified only for constant- ■ 31. The authority citation for part § 1042.850 Exemptions and hardship speed operation. This may include 1060 continues to read as follows: relief. engines that allow the operator to adjust Authority: 42 U.S.C. 7401–7671q. * * * * * the set point for fixing the appropriate (d) Other exemptions specified in governed speed. See subparts B and C Subpart B—[Amended] subpart G of this part and 40 CFR part of this part for specific provisions 1068, subparts C and D also apply to related to certifying engines only for ■ 32. Section 1060.102 is amended by remanufactured engines. For example, constant-speed operation. Engines revising paragraph (d)(1) to read as the national security exemption applies whose constant-speed governor function follows:

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§ 1060.102 What permeation emission subject to § 1060.102, petcocks designed may not contain air outlets that vent to control requirements apply for fuel lines? for draining fuel, grommets used with the atmosphere at pressures below 34.5 * * * * * fuel lines, or grommets used with other kPa (5.0 psig). (d) * * * hose or tubing excluded from the * * * * * (1) EPA Low-Emission Fuel Lines definition of ‘‘fuel line.’’ Fuel tanks must have permeation emissions at or include other fittings (such as fuel caps, Subpart F—[Amended] below 10 g/m2/day when measured gaskets, and O-rings) that are directly according to the test procedure mounted to the fuel tank. ■ 35. Section 1060.501 is amended by described in § 1060.510. Fuel lines that * * * * * revising paragraph (e) to read as follows: comply with this emission standard are ■ 34. Section 1060.105 is amended by deemed to comply with all the emission § 1060.501 General testing provisions. revising paragraph (c)(2) to read as * * * * * standards specified in this section. follows: * * * * * (e) Accuracy and precision of mass ■ 33. Section 1060.103 is amended by § 1060.105 What diurnal requirements balances must be sufficient to ensure apply for equipment? revising paragraph (d) to read as accuracy and precision of two percent follows: * * * * * or better for emission measurements for (c) * * * products at the maximum level allowed § 1060.103 What permeation emission (2) They must remain sealed up to a by the standard. The readability of the control requirements apply for fuel tanks? positive pressure of 24.5 kPa (3.5 psig); display may not be coarser than half of * * * * * however, they may contain air inlets the required accuracy and precision. (d) For purposes of this part, fuel that open when there is a vacuum Examples are shown in the following tanks do not include fuel lines that are pressure inside the tank. Such fuel tanks table for a digital readout:

Example #1 Example #2 Example #3

Applicable standard ...... 1.5 g/m2/day ...... 1.5 g/m2/day ...... 15 g/m2/day. Internal surface area ...... 1.15 m2 ...... 0.47 m2 ...... 0.015 m2. Length of test ...... 14.0 days ...... 14.0 days ...... 14.1 days. Maximum allowable mass change ...... 24.15 g ...... 9.87 g ...... 3.173 g. Required accuracy and precision ...... ±0.483 g or better ...... ±0.197 g or better ...... ±0.0635 g or better. Required readability ...... 0.1 g or better ...... 0.1 g or better ...... 0.01 g or better.

■ 36. Section 1060.510 is revised to read (1) For EPA Nonroad Fuel Lines, use PART 1065—ENGINE-TESTING as follows: Fuel CE10, which is Fuel C as specified PROCEDURES in ASTM D471 (incorporated by § 1060.510 How do I test EPA Low- reference in § 1060.810) blended with ■ Emission Fuel Lines for permeation 38. The authority citation for part emissions? ethanol such that the blended fuel has 1065 continues to read as follows: 10.0 ± 1.0 percent ethanol by volume. For EPA Low-Emission Fuel Lines, Authority: 42 U.S.C. 7401–7671q. measure emissions according to SAE * * * * * J2260, which is incorporated by (c) Measure fuel line permeation Subpart G—[Amended] reference in § 1060.810. emissions using the equipment and procedures for weight-loss testing ■ 39. Section 1065.672 is amended by ■ 37. Section 1060.515 is amended by specified in SAE J30 or SAE J1527 revising paragraph (d)(2) to read as revising paragraphs (a)(1) and (c) to read (incorporated by reference in follows: as follows: § 1060.810). Start the measurement § 1065.672 Drift correction. § 1060.515 How do I test EPA Nonroad procedure within 8 hours after draining Fuel Lines and EPA Cold-Weather Fuel and refilling the fuel line. Perform the * * * * * Lines for permeation emissions? emission test over a sampling period of (d) * * * * * * * * 14 days. (2) Correct for drift using the (a) * * * * * * * * following equation:

Where: xprespan = pre-test interval gas analyzer xpostzero = post-test interval gas analyzer response to the zero gas concentration. xidriftcorrected = concentration corrected for response to the span gas concentration. drift. xpostspan = post-test interval gas analyzer Example: μ xrefzero = reference concentration of the zero response to the span gas concentration. xrefzero = 0 mol/mol μ gas, which is usually zero unless known xi or x¯ = concentration recorded during test, xrefspan = 1800.0 mol/mol μ to be otherwise. before drift correction. xprespan = 1800.5 mol/mol xpostspan = 1695.8 μmol/mol xrefspan = reference concentration of the span xprezero = pre-test interval gas analyzer x or x¯ = 435.5 μmol/mol gas. response to the zero gas concentration. i xprezero = 0.6 μmol/mol

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xpostzero = ¥5.2 μmol/mol

2⋅−+− 435.(.(.)) 5 0 6 5 2 x =+0(.) 1800 0 − 0 ⋅ idriftcorrected (.1800 5 +11695.) 8−+− (. 0 6 ( 5 .)) 2

μ xidriftcorrected = 450.2 mol/mol § 1068.201 Does EPA exempt or exclude (c) [Reserved]. * * * * * any engines/equipment from the prohibited acts? * * * * * Subpart K—[Amended] * * * * * Subpart D—[Amended] (h) You may ask us to modify the ■ 40. Section 1065.1001 is amended by administrative requirements for the ■ revising the definition for ‘‘Constant- 44. Section 1068.325 is amended as exemptions described in this subpart or follows: speed operation’’ to read as follows: in subpart D of this part. We may ■ a. By revising paragraph (g). § 1065.1001 Definitions. approve your request if we determine that such approval is consistent with the ■ b. By redesignating paragraph (i) as * * * * * intent of this part. For example, paragraph (j). Constant-speed operation means waivable administrative requirements ■ c. By adding and reserving paragraph engine operation with a governor that might include some reporting (i). automatically controls the operator requirements, but would not include demand to maintain engine speed, even any eligibility requirements or use § 1068.325 What are the temporary under changing load. Governors do not restrictions. exemptions for imported engines/ always maintain speed exactly constant. equipment? Typically speed can decrease (0.1 to 10) * * * * * % below the speed at zero load, such ■ 43. Section 1068.225 is amended by * * * * * that the minimum speed occurs near the revising paragraphs (a) and (b) and (g) You may import an engine if engine’s point of maximum power. removing and reserving paragraph (c) to another company already has a (Note: An engine with an adjustable read as follows: certificate of conformity and will be governor setting may be considered to § 1068.225 What are the provisions for modifying the engine to be in its final, operate at constant speed, subject to our exempting engines/equipment for national certified configuration under the approval. For such engines, the security? provisions of § 1068.262. You may also governor setting is considered an (a) An engine/equipment is exempt import a partially complete engine by adjustable parameter.) without a request if it will be used or shipping it from one of your facilities to * * * * * owned by an agency of the federal another under the provisions of government responsible for national § 1068.260(c). If you are importing a PART 1068—GENERAL COMPLIANCE defense, where the equipment in which used engine that becomes new as a PROVISIONS FOR NONROAD it is installed has armor, permanently result of importation, you must meet all PROGRAMS attached weaponry, or other substantial the requirements that apply to original ■ 41. The authority citation for part features typical of military combat. engine manufacturers under § 1068.262. 1068 continues to read as follows: (b) Manufacturers may request a * * * * * national security exemption for engines/ Authority: 42 U.S.C. 7401–7671q. equipment not meeting the conditions (i) [Reserved] of paragraph (b) of this section as long Subpart C—[Amended] * * * * * as the request is endorsed by an agency [FR Doc. E9–2405 Filed 2–23–09; 8:45 am] ■ of the federal government responsible 42. Section 1068.201 is amended by BILLING CODE 6560–50–P revising paragraph (h) to read as for national defense. In your request, follows: explain why you need the exemption.

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