Control of Air Pollution From New Motor Vehicles and New Motor Vehicle Engines: Evaporative and Refueling Emission Regulations for Gasoline- and Methanol-Fueled Light-Duty Vehicles and Light-Duty Trucks and Heavy-Duty Vehicles; Technical Amendments

Federal RegisterAug 23, 1995

Ask Donna

What actually matters in this document.

Text

SUMMARY: On March 24, 1993 EPA finalized a new test procedure to

measure evaporative emissions from motor vehicles. The amendments

contained in this document modify several of the test procedure's

tolerances, equipment specifications, and procedural steps.

In compliance with the Paperwork Reduction Act, this document

announces that the information collection requirements contained in the

Evaporative Emissions Final Rule were approved by the Office of

Management and Budget on May 9, 1994.

Also, this document incorporates by reference the California

Regulatory Requirements Applicable to the Evaporative Emissions Program

(January 4, 1995). EPA will accept test data developed using the

California procedure for demonstrating compliance with the 1996 model

year federal evaporative emissions requirement for purposes of

certification.

DATES: The amendments to 40 CFR part 86 are effective October 23, 1995,

unless notice is received by September 22, 1995, that adverse or

critical comments will be submitted or that an opportunity to submit

such comments at a public hearing is requested. If the Agency receives

such comments or a request for a public hearing by September 22, 1995,

EPA will then publish a subsequent Federal Register document

withdrawing from this action only those items which are specifically

listed in those comments or in the request for a public hearing. See

Supplementary Information for further discussion on submission of

public comment.

The incorporation by reference of the publications listed in the

regulations is approved by the director of the Federal Register as of

October 23, 1995.

The information collection requirements contained in 40 CFR 86.096-

7, 86.096-8, 86.096-9, 86.096-10, 86.096-14, 86.096-21, 86.096-23,

86.096-26, 86.096-30, 86.096-35, 86.097-9, 86.098-23, 86.099-8, 86.099-

9, and 86.099-10, which were published at 58 FR 16002, March 24, 1993,

and the amendments to 40 CFR part 9 are effective August 23, 1995.

ADDRESSES: Interested parties may submit written comments (in

duplicate, if possible) to Public Docket No. A-94-35 at Air Docket

Section, U.S. Environmental Protection Agency, First Floor, Waterside

Mall, Room M-1500, 401 M Street SW., Washington, DC 20460 (telephone

202-260-7548). Materials relevant to the evaporative emissions final

rule and this direct final rule are available for inspection in Public

Dockets A-89-18 and A-94-35 at the above address.

FOR FURTHER INFORMATION CONTACT: Mr. Alan Stout, (313) 741-7805.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction

II. Overview of Technical Amendments

III. List of Changes to Test Procedures

IV. Public Participation and Effective Date

V. Paperwork Reduction Act

VI. Administrative Designation

VII. Regulatory Flexibility Act

VIII. Unfunded Mandates Act

IX. Judicial Review

I. Introduction

On March 24, 1993 the Environmental Protection Agency (EPA)

published a final rule establishing new requirements to test vehicles

for evaporative emissions (58 FR 16002), which will apply to new motor

vehicles beginning in model year 1996 according to a phased-in

compliance schedule. The procedure was amended with several corrections

and minor changes by a direct final rule, which was published June 28,

1993 (58 FR 34535). As EPA and manufacturers have come closer to

implementing the new test procedure, it has become clear that there are

several potential changes to the test procedure that would make testing

simpler, safer, and less resource-intensive. In addition, the Agency

wants to harmonize its evaporative emission test procedure with that of

the California Air Resources Board (CARB).

EPA has worked closely with the California Air Resources Board and

manufacturers to identify all the changes to the test procedure

specifications that could improve the test without affecting test

stringency. The regulations contained in this document reflect these

discussions. This document is published as a direct final rule. In the

case of adverse comments received in response to this document by

September 22, 1995, EPA will remove from the regulations those

provisions that receive comment. EPA may, at its discretion, propose

such provisions in a future rulemaking action.

A copy of this document is also available electronically on the

Technology Transfer Network (TTN), which is an electronic bulletin

board system (BBS) operated by EPA's Office of Air Quality Planning and

Standards. The service is free of charge, except for the cost of the

phone call. Users are able to access and download TTN files on their

first call using a personal computer and modem according to the

following information.

TTN BBS: 919-541-5742

(1200-14400 bps, no parity, 8 data bits, 1 stop bit)

Voice Helpline: 919-541-5384

Also accessible via Internet: TELNET

ttnbbs.rtpnc.epa.gov

Off-line: Mondays from 8:00 AM to 12:00 Noon ET

Users who have not called TTN previously will first be required to

answer some basic informational questions for registration purposes.

After completing the registration process, users must proceed through

the following menu choices from the Top Menu to access information on

this rulemaking.

GATEWAY TO TTN TECHNICAL AREAS (Bulletin Boards)

OMS--Mobile Sources Information

Rulemaking & Reporting

Light Duty

File area #7. . . Evaporative Emissions

At this point, the system will list all available files in the

chosen category in reverse chronological order with brief descriptions.

To download files, users must select a transfer protocol that is

supported by the terminal software on their own computer, then set

their own software to receive the file using that same protocol.

If unfamiliar with handling compressed (i.e. ZIP'ed) files, users

should go to the TTN top menu, System Utilities (Command: 1) to

identify the program that must be downloaded to un-ZIP the files of

interest. After completing a session, users can quit the TTN BBS with

the command.

Please note that due to differences between the software used to

develop the document and the software into which the document may be

downloaded, changes in format, page length, etc. may occur.

[[Page 43881]]

II. Overview of Technical Amendments

In addition to the test procedure changes, EPA has in this rule

addressed the issue of reliance on CARB's test procedure (i.e., the

California Regulatory Requirements Applicable to the Evaporative

Emissions Program, January 4, 1995) for testing 1996 model year

vehicles for evaporative emissions. EPA is modifying the existing

evaporative emission regulations to accept manufacturers' data showing

compliance with CARB's 1996 model year certification requirements as

demonstration of compliance with the evaporative emissions portion of

the federal certification requirements for the 1996 model year. EPA's

confirmatory and in-use testing of 1996 model year vehicles certified

in this way will also rely on the CARB procedure for evaluating

compliance with test requirements. EPA's evaporative emission

regulations have been modified to incorporate by reference relevant

CARB regulations. EPA intends to evaluate CARB's pending technical

amendments, once finalized, and will approve use of the resulting

modified procedure for 1996 model year vehicles, provided the modified

procedure maintains at least the same level of control as CARB's

existing procedure.

The more flexible arrangement for certifying 1996 model year

vehicles should have no negative air quality impact. Because of the

uncertainty surrounding EPA's technical amendments to the evaporative

emission test procedure, especially where they affect procurement of

test equipment, manufacturers have been constrained in their ability to

conduct testing according to federal specifications. Given the

direction CARB has taken with its own pending technical amendments, EPA

is confident that the CARB procedure will be as stringent, or nearly as

stringent, as the EPA procedure. Furthermore, since the enhanced test

requirements apply to only 20 percent of each manufacturer's 1996 model

year fleet, the air quality impact of any compromise in test stringency

would be very limited.

Following promulgation of this rule and the pending changes to the

CARB procedure, the remaining differences of significance between EPA's

and CARB's evaporative emission test procedures are limited to the

specifications for temperatures and fuel volatility. EPA is pursuing a

test program to better understand the relative stringency of the two

sets of test conditions and to decide if data generated according to

the CARB test procedure will be acceptable for federal testing on a

long-term basis. The same information will be factored into the

decision related to carryover of data from the CARB test procedure for

federal certification in subsequent model years.

The most significant changes to the test procedure fall into three

categories: (1) Control of fuel tank temperature and pressure during

running loss testing, (2) air circulation during the diurnal emission

test, and (3) a provision for a simplified procedure for generating

fuel temperature profiles for the running loss test. Each of these

areas is briefly described below.

The issues of greatest concern relate to controlling fuel tank

temperature and pressure during the running loss test. These technical

amendments incorporate several changes to deal with these concerns. For

example, the procedure for outdoor testing to generate fuel temperature

profiles now allows the option of stabilizing vehicle and fuel

temperatures to 95 deg.F before driving. Also, determination of

compliance with the fuel tank pressure limit during driving on a

dynamometer would depend on control of vapor temperatures throughout

the running loss test; conversely, measurement of fuel tank pressure

and vapor temperature may be omitted at the discretion of those

responsible for testing. Another change allows temporary exceedances to

the fuel tank pressure limit during driving on a dynamometer to account

for potentially artificial tank heating effects in the laboratory.

Finally, equipment specifications related to heating and cooling the

vehicle's fuel tank have been broadened to increase the degree of

control that technicians have in controlling fuel tank temperatures.

Another important issue was the requirement in the initial final

rule to maintain a specified wind speed underneath the vehicle during

diurnal emission testing. The regulations contain a new requirement to

control ambient temperatures underneath the test vehicle and allow an

option to use an established fan configuration to meet the required

wind speed specification (5 mph). This change provides an option to

comply with the wind speed requirement without measuring underbody air

velocity on every test.

Also, EPA has included in the regulations a provision giving

general guidance for use of a heated wind tunnel for generating fuel

temperature profiles. Further work will be required in the

certification process to implement the policy; for example, to

determine what constitutes acceptable correlation between wind tunnel

and outdoor fuel temperature profiles, how often and on what vehicles

correlation would have to be demonstrated, and how fuel temperature

profiles could be carried over to subsequent model years.

Manufacturers are required to submit either test data or an

engineering evaluation to demonstrate compliance with evaporative

emission standards at high altitudes. One manufacturer has expressed to

EPA its concern that a fuel temperature profile generated at low

altitude has limited applicability for testing at high altitude, which

causes difficulty in testing methanol-fueled vehicles. The existing

regulatory language for high-altitude requirements provides the Agency

limited discretion to adjust the test procedure to accommodate changes

related to fuel temperature profiles. EPA believes it is inappropriate

to address this issue in a direct final rulemaking, since any change

that cannot be accommodated under the Agency's existing discretion

would require a formal proposal and a period for public comment. EPA

encourages interested manufacturers to work with EPA's Certification

Division to resolve this issue.

In addition to the changes to the evaporative emission test

procedure, these technical amendments include revised language related

to the test requirements for onboard refueling vapor recovery,

initially finalized April 6, 1994 (59 FR 16262), to clarify test

provisions and make typographical corrections.

III. List of Changes to Test Procedures

The following list describes the individual changes made to the

test procedure. Explanation and, where appropriate, EPA's

interpretation of the resulting regulatory language is provided.

Vehicle Preconditioning

1. Change initial soak to 6 hours minimum:

--The procedure previously called for a 12-hour minimum soak before the

preconditioning drive, though EPA reserved the option of conducting

testing with only a 6-hour soak. The shorter soak time is sufficient to

stabilize the vehicle.

2. Make the initial soak and refueling event optional for a second

test run on a vehicle (or optional for any SEA test):

--Vehicles that have already been tested in the laboratory have been

sufficiently stabilized with respect to temperature and fuel effects.

3. Require vehicles to be parked within 5 minutes after the

refueling procedure:

[[Page 43882]]

--The regulations previously required the test vehicle to be parked

within 5 minutes after completion of the preconditioning drive. Since

test vehicles must be refueled during the hour following the

preconditioning drive, the timing of the parking event is best

specified relative to completion of the refueling event.

4. Precondition multiple canisters as a set unless they are

arranged in parallel:

--While canisters configured in parallel should be preconditioned

individually, as the initial final rule required, EPA agrees that

evaporative canisters arranged in a series configuration should be

preconditioned as a set to best simulate normal vehicle operation.

5. Add requirement to use a service port on evaporative canisters

(if so equipped) for loading and purging steps:

--Provided that manufacturers install such service ports on their

production canisters, EPA agrees that it is appropriate to use the

ports for the preconditioning procedure.

6. Allow replacement canister to collect vapors during canister

preconditioning:

--The regulations have been modified to clarify that it is acceptable

to collect fuel tank vapors that may escape during the period that the

vehicle's canister is disconnected. This arrangement would provide a

safety benefit without affecting the condition of the test vehicle.

7. Specify a representative vapor load to the canister for all

flexible-fueled and methanol-fueled vehicles:

--The regulations previously called for representative vapor loading

for dedicated methanol-fueled vehicles only. A vehicle using any amount

of methanol should not have its canister loaded with pure butane, since

the engine's electronic controls depend on a vapor composition from the

canister being similar to that coming from the fuel tank. Using

repeated diurnal heat builds to precondition the canister for the two-

day diurnal sequence would provide, by definition, a representative

vapor composition. EPA anticipates that the best way to conduct bench-

loading for either test sequence would be to generate vapors from an

off-board fuel tank or other reservoir partially filled with the type

of fuel to be used in the subsequent test run.

8. Delete parenthetical reference to volumetric flow rate

equivalent to 40 g/hr butane load:

--The regulations previously provided a conversion of the mass flow

rate into volumetric units for the convenience of the reader. Because

this conversion is valid only at sea level, it has been deleted.

Diurnal Emission Test

9. Provide flexibility to satisfy 5-mph wind speed requirement near

tank with a demonstrated configuration:

--This provision allows one to conduct diurnal emission tests without

routinely measuring wind speed under the fuel tank. Consistently using

a given fan configuration that has been demonstrated to satisfy the

wind speed requirement on the test vehicle or a broad range of vehicles

would be sufficient to show adequate airflow underneath the test

vehicle.

10. Add undertank thermocouple for instantaneous and average

temperature tolerances and relax tolerance on sidewall temperatures to

5 deg.F:

--The new requirement to measure air temperatures under the fuel tank

becomes the primary measurement for following the ambient fuel

temperature profile. The sidewall temperature measurement serves the

purpose of ensuring adequate air mixing in the enclosure and providing

a temperature measurement representative of the overall enclosure

volume (for calculation of mass emissions).

11. Allow passive fixed-volume diurnal enclosures and change

pressure tolerance to 2 in. H2O:

--The regulatory language has been broadened to accommodate a different

design of a fixed-volume diurnal enclosure and to match the

specifications in place for variable-volume enclosures.

12. Delete maximum surface temperature:

--EPA believes that the specified maximum surface temperature does not

affect the test vehicle or the emission measurement, and so can be

deleted without compromising test effectiveness.

Hot Soak Test

13. Allow a 7-minute interval before the hot soak test; add

language to encourage making this interval as short as possible; add

language to make sure fans are off at the end of the running loss test:

--EPA continues to believe that the time between the running loss and

hot soak tests is very important for an accurate measurement of hot

soak emissions. EPA believes a relaxed time specification does not

compromise test stringency for several reasons. First, the language for

the hot soak tests for both test sequences specifies that the intent of

testing is to minimize the time before the hot soak test. Second, new

language specifying that fans must be turned off after the running loss

test should prevent technicians from artificially cooling the fuel

during the period between the test segments. Third, the vehicle

continues to operate at idle until just before entry into the hot soak

enclosure. Fourth, EPA may make an extra effort to minimize the time

interval before the hot soak measurement for its testing. Similarly,

EPA may conduct the hot soak test with no elapsed time between the end

of the running loss test and the beginning of the hot soak test by

making a continuous measurement of running loss and hot soak emissions

in a running loss enclosure.

14. Delete maximum surface temperature:

--EPA believes that the specified maximum surface temperature does not

affect the test vehicle or the emission measurement, and so can be

deleted without compromising test effectiveness.

Running loss test

15. Increase maximum flow rate for under-tank blower; increase

minimum temperature to 85 deg.F:

--Increasing the maximum flow rate of the under-tank blower to 4,000

cubic feet per minute (cfm) increases the degree of flexibility

available for controlling fuel temperatures. The regulations provide

for a maximum flow rate of 6,000 cfm for exceptional circumstances. To

prevent a high flow rate of chilled air from condensing generated fuel

vapors, the minimum temperature of air from the blower was increased

from 70 deg. to 85 deg.F.

16. Define a tolerance for vapor temperature control, but make

measurement of vapor temperature and pressure in the tank optional

during lab driving:

--Manufacturers have indicated to EPA that it is important to control

vapor temperatures during the running loss test, primarily to prevent

artificially high fuel tank pressures and vapor generation. EPA

believes it is appropriate to define a tolerance for controlling vapor

temperatures similar to that for controlling liquid fuel temperatures.

However, because of the technical difficulty of controlling vapor

temperatures during driving, the regulations provide the

[[Page 43883]]

discretion for any laboratory testing to omit measurement of vapor

temperatures. EPA recognizes fuel tank pressure is very dependent on

vapor temperatures; therefore, vehicles must comply with the limit on

fuel tank pressures only if vapor temperatures are measured and

controlled to the specified profile. If a manufacturer chooses not to

develop a vapor temperature profile, compliance with the limit on fuel

tank pressure will be limited to the required outdoor driving.

To address manufacturers' concern that vapor generation may be affected

by uncontrolled vapor temperatures, the regulations now state the

expectation that a facility be designed in a way that avoids

unrepresentative heating or cooling of the vapor space during the

running loss test. Also, in the case of EPA testing without measured

vapor temperatures, if a vehicle exceeds an emission standard, the

regulations provide manufacturers the opportunity to conduct subsequent

testing on that vehicle. If a manufacturer can show that the exceedance

is attributable to inadequate control of vapor temperatures, EPA will

invalidate its test run. To make such a demonstration, (1) a

manufacturer would be expected to conduct a complete test for

evaporative emissions, controlling vapor temperatures to the specified

tolerances; (2) the vehicle would have to meet the applicable standards

for running loss, hot soak and diurnal emissions; and (3) the

manufacturer would be expected to explain why the test facility for the

EPA test could have caused excessive vapor temperatures. To use this

provision, manufacturers would need to have developed a vapor

temperature profile prior to certification for the vehicle in question.

17. Allow temporary exceedances of fuel tank pressure limit:

--EPA is aware that characteristics of a laboratory's system for

managing fuel tank temperatures could cause the tank pressure during

driving on a dynamometer to show transient pressure behavior that does

not exist during on-road driving. In response, EPA has modified the

regulations to allow a vehicle to exceed the pressure limit for up to

10 percent of the total driving time during the running loss test.

18. Require proportional-speed fan for cooling engine:

--The fixed-speed fan originally specified in the regulations may in

some cases provide inadequate cooling for test vehicles. Additional

cooling capacity is needed because vehicles are operated on the

dynamometer with the hood closed or nearly closed. The regulations, as

amended by this final rule, now require a more complex fan; the new fan

is considerably more expensive, but does not compromise the

effectiveness of the test in any way. Because EPA believes that blowing

air underneath the test vehicle, past the engine and the fuel tank, is

the best primary source of heat for controlling fuel temperatures, the

original provision for this underbody blower is preserved as a

supplement to the proportional-speed fan.

19. Allow manufacturers to start the test with fuel at less than 95

deg.F:

--EPA recognizes that some future vehicles may be designed to keep fuel

temperatures below daily peak temperatures. The regulations now

describe what manufacturers must do to demonstrate the need for a

temperature offset (parking and driving on hot summer days), and set a

threshold of 3 deg.F as the minimum offset that must be demonstrated

to make use of this provision.

20. Specify a 6-hour maximum soak before the running loss test;

limit the fuel heating rate to 5 deg.F per hour; and require

stabilized fuel temperatures for 1 hour before the running loss test:

--The set of changes to the vehicle stabilization requirement provide

better control of fuel temperatures, and thus vapor generation, in the

time between the exhaust emission test and the running loss test. The

amended regulations provide for a faster heating rate or a longer

stabilization period for those vehicles that may have unusually cool

fuel following the exhaust emission test.

21. Set average ambient temperature to 2 deg.F for the

running loss test:

--This change resolves the inconsistency contained in EPA's original

regulations regarding specifications for an average ambient temperature

during the running loss test.

22. Require ambient temperature measurement at the inlet to the

frontal fan; require sidewall temperature measurement for enclosure

testing only:

--To clarify the original language, the regulations now specify that

temperature measurement upstream of the frontal fan is to be used for

demonstrating compliance with ambient temperature tolerances. In

enclosure testing, measurement of sidewall temperatures is also

required, but will likely be used only for calculation of mass

emissions.

23. Allow direct tank heating for controlling fuel tank

temperatures:

--The use of heat blankets or other direct methods of heating the fuel

tank during the running loss test may be needed for some vehicles whose

fuel temperatures cannot easily be controlled with circulating air. The

need to supplement the underbody blowers is most likely for designs in

which the fuel tank is isolated from the underbody in some way. This

provision gives EPA, manufacturers, and contract laboratories the

discretion to use direct tank heating if use of the specified fans is

insufficient to adequately control fuel temperatures. Direct tank

heating should be the exception and should be employed only after

attempting to control fuel temperatures with the specified fan

configuration. Also, the regulations add detailed cautionary language

to prevent the possibility of artificially increasing vapor generation

by this method.

24. Allow use of a naturally aspirated running loss enclosure, if

it is shown to yield equivalent results:

--EPA anticipates the possibility that running loss enclosures will

best be designed with a hybrid configuration; i.e., the test vehicle

would consume air from the enclosure ambient, with monitored makeup air

coming in through an orifice in a wall of the enclosure. The existing

language specifies that air be routed directly from outside the

enclosure into the engine's intake system. These technical amendments

allow use of a hybrid enclosure if testing shows that emission

measurement results are equivalent or superior to those from currently

specified enclosures.

25. Correct reference to duration of driving schedule:

--The original language incorrectly identified the duration of the

driving schedule for defining fuel temperature tolerances.

26. Adjust densities for 68 deg. F ambient temperature for point-

source calculations:

--The original regulations inadvertently based densities on a

temperature of 74 deg. F. The corrected densities are hydrocarbons =

16.88 g/ft3; methanol = 37.71 g/ft3.

27. Delete requirement for Type J thermocouple:

--Though EPA expects to continue to depend on installation of Type J

thermocouples for confirmatory

[[Page 43884]]

testing, this specification has been deleted from the regulations to

allow manufacturers to conduct their own testing using any temperature

sensor that meets the functional specifications for temperature

measurement.

Procedure for generating fuel temperature profiles

28. Add the option for developing vapor temperature profiles:

--If manufacturers wish to develop vapor temperature profiles,

subsequent testing on those models may include measurement and control

of vapor temperatures according to the profile.

29. Allow low-volatility fuel for generating profiles:

--Manufacturers expressed a desire to have the flexibility to use a

test fuel with a different volatility than that specified for the

outdoor driving procedure; in particular, manufacturers wish to use

California's phase II reformulated gasoline. EPA has observed that

gasoline with lower volatility corresponds to slightly higher fuel

temperatures during driving. EPA therefore believes that using a fuel

such as California phase II reformulated gasoline, which has a lower

volatility than that of federal test fuel, would not sacrifice test

stringency. The new regulatory language is intended to allow use of

California's specified test fuel, even though other parameters besides

volatility fall outside the federal test fuel specifications.

EPA will also accept demonstration of compliance with the fuel tank

pressure requirement using California phase II reformulated gasoline.

Using this fuel will cause somewhat lower fuel tank pressures, which

makes it easier to comply with the pressure limit. EPA believes this is

acceptable for a combination of reasons. First, vehicles tested on a

dynamometer to certify compliance with evaporative emission standards

will also demonstrate compliance with the fuel tank pressure

requirement, but with federal fuel. Also, because EPA may conduct its

own testing to measure pressure during outdoor driving, manufacturers

have no incentive to take advantage of the lower volatility fuel to

comply with the fuel tank pressure requirement.

30. Change speed measurement accuracy to 1 mph:

--Conventional equipment for measuring speeds during outdoor driving

cannot resolve speeds to the 0.1 mph tolerance originally

specified. Relaxing the accuracy to 1 mph would enable

manufacturers to use existing equipment and will not affect the

validity of the fuel temperature profiles.

31. Allow fuel heating/stabilization up to 953 deg. F

before drive:

--The regulations will continue to allow a 12-hour soak before starting

the outdoor drive, with no control of the fuel temperature during that

time. However, the regulations now include a provision to stabilize

fuel temperatures in a temperature-controlled environment before the

drive. When vehicles are stabilized in this way, manufacturers are

expected to attempt to start outdoor vehicle operation with fuel

temperatures at the nominal temperature of 95 deg. F. Manufacturers may

need to take steps to isolate the fuel tank from the pavement or other

heat sources and to begin the test drive as soon as possible after

exiting the enclosure.

32. Specify 125 deg. F as minimum pavement temperature throughout

the outdoor drive:

--EPA has learned that the requirement for pavement temperatures

staying 30 deg. F above ambient was sometimes difficult to meet,

because pavement temperatures might not increase fast enough to stay

30 deg. F ahead of increasing ambient temperatures. Since fuel

temperature is limited to a nominal starting point of 95 deg. F, fixing

the minimum pavement temperature at 125 deg. F satisfies EPA's desire

to keep the pavement temperature at least 30 deg. F above the initial

fuel temperature.

33. Allow rolling fuel temperature profiles:

--New language clarifies that manufacturers may use a rolling average

to derive fuel temperature profiles for testing.

34. Add general provision for hot wind tunnel approach to

generating temperature profiles:

--See Section II above.

35. Add provision to allow temporary wind gusts:

--Originally, wind speed was limited to a maximum of 15 mph throughout

the period of outdoor driving. EPA would like to avoid invalidating a

test run for occasional gusts of wind exceeding the 15 mph limit, since

fuel temperature profiles should be unaffected. To accommodate such a

situation, the regulations now allow wind speeds between 15 and 25 mph

for up to 5 percent of the total driving time.

36. Allow small-volume manufacturers to use alternate methods to

generate profiles:

--EPA realizes that small-volume manufacturers may not have the

resources to conduct a full test program according to the prescribed

procedure to establish fuel temperature profiles for their vehicles.

These manufacturers may use other means to generate fuel temperature

profiles, though EPA expects such profiles to be at least as stringent

as those that would be generated according to the full set of

specifications for outdoor testing.

37. Allow the possibility of alternate methodologies for correcting

fuel temperature profiles:

--One issue EPA has not resolved with manufacturers is the method of

correcting measured fuel temperature profiles to create a target

profile for running loss testing. EPA has agreed to add language to the

regulations allowing an alternate correction methodology, subject to

prior Agency approval. This change provides EPA the discretion to

accommodate a future resolution without requiring a subsequent change

to the regulations.

Spitback Test

38. Change refueling rate to 9.80.3 gallons per minute:

--The changed refueling rate matches that used for the refueling

emission test. Specifying consistent refueling rates allows use of the

same equipment for the two procedures.

39. Allow vehicle to be moved across lab with engine off:

--Safety regulations at some facilities prevent driving a test vehicle

from the dynamometer to the refueling site. The test procedure

therefore now includes an allowance for moving the vehicle with the

engine off, without changing the time constraints.

40. Add time specification for the period between the end of the

drive and the start of refueling (not just key-off):

--This time specification was missing from the original test procedure.

Equipment Calibration

41. Add the option to use alternate calibration data:

--The regulations have been modified to allow alternate calibration

techniques that are acceptable to EPA. Under the modified regulations,

EPA would approve use of the calibration methods currently required by

CARB for demonstrating compliance with equipment specifications for

federal testing.

[[Page 43885]]

42. Add the option to use new calibration procedures for pre-1996

testing:

--Manufacturers may use their upgraded facilities to continue testing

according to the test procedure specified in Sec. 86.130-78.

Miscellaneous

43. Allow limited subtraction of nonfuel background emissions for

certification vehicles:

--For certification vehicles only, manufacturers may conduct testing on

individual vehicles to quantify nonfuel background levels. Testing must

indicate the expected decay rate of the nonfuel emissions. In addition

manufacturers must indicate the primary source of the measured nonfuel

emissions. EPA will not approve use of a correction for nonfuel

emissions if (1) the emissions cannot be accounted for, (2) the source

can be easily removed, or (3) the rate of decay indicates a significant

potential for increased in-use emissions.

This change is consistent with EPA's long-standing position that

nonfuel background emissions should be included in testing for

evaporative emissions. By making no provision to treat nonfuel

emissions separately for in-use vehicles, EPA maintains this

fundamental position. EPA believes that the provision for special

treatment of some certification vehicles gives manufacturers some

flexibility to simplify vehicle selection and preparation, without

compromising EPA's expectation that manufacturers prevent nonfuel

emissions from constituting a significant source of in-use emissions.

Moreover, EPA still expects manufacturers routinely to take basic steps

to minimize nonfuel emissions from certification vehicles, for example,

to use weathered vehicles.

44. Allow continuous measurement of evaporative emissions

(hydrocarbon only):

--At various points through the procedure, the language has been

revised to allow continuous emission measurement, rather than just

testing at the beginning and end of a sampling period. Continuous

measurement would make it possible to terminate a test, without making

it invalid, if the vehicle has exceeded the standard well before the

end of the test.

45. Remove obsolete sections from the Code of Federal Regulations

(CFR):

--Sections of title 40 part 86 of the CFR that affect only 1990 model

year and older vehicles will not be printed in future CFR publications.

46. Change from ``alternate sampling systems'' to ``alternate

equipment or procedures'':

--The revised language clarifies the meaning of this provision in

Sec. 86.106-96.

47. Add simplified calculation for variable-volume enclosures for

diurnal emission testing:

--Variable volume enclosures trap a fixed mass of air for the duration

of the test; therefore, the ideal gas law dictates that the ratio of

PV/T must remain constant during the test. Carrying this assumption

into the calculation of mass emissions allows one to omit separate

determination at the end of the test of pressure, temperature, and

volume in the enclosure.

48. Revise the equation for calculating the mass of methanol

emissions:

--The equation is simplified by eliminating the explicit temperature

correction for the enclosure volume (Vn) and sample volume

(Ve), and instead requires that the sample volumes be corrected

for changes in temperature, to be consistent with Vn, prior to

being used in the equation.

Refueling Emission Test

49. Allow road-speed modulated fan during vehicle operation:

--EPA would like to allow the same road-speed modulated fans for engine

cooling during the refueling emission test that are specified for the

running loss test. Because these fans provide a better simulation of

on-road air cooling, the test vehicle's hood should be closed during

testing with these fans. If one continues to rely on the conventional

fixed-speed cooling fan, the test vehicle's hood should be left open to

increase the capacity for engine cooling.

IV. Public Participation and Effective Date

To prepare this final rule, EPA has worked actively with CARB and

the automobile manufacturers to reach a resolution on the many issues

involved. EPA twice distributed draft regulatory language for review

and met periodically with interested participants. EPA benefitted

greatly from this extensive interaction, so that the resulting set of

changes to the test procedure, reflecting this broad input, will

significantly improve EPA's and manufacturers' ability to conduct

testing more efficiently.

The Agency is publishing this action as a direct final rule because

it views the changes as not affecting test stringency and anticipates

no adverse or critical comments. This action will become effective

unless the Agency receives notice that adverse or critical comments

will be submitted, or that a party requests the opportunity to submit

such oral comments pursuant to section 307(d)(5) of the Clean Air Act,

as amended. If such notice is received regarding a change to a

particular regulatory provision by September 22, 1995, EPA will

withdraw the provision in question before the effective date by

publishing a subsequent Federal Register document removing the

identified provision from the direct final rule.

V. Paperwork Reduction Act

EPA is amending the table of currently approved information

collection request (ICR) control numbers issued by the Office of

Management and Budget (OMB) for various regulations. The amendments in

this document update the table to accurately display those information

requirements promulgated under the Evaporative Emissions Final Rule

(March 24, 1993, 58 FR 16002). The affected regulations are codified at

40 CFR part 86, subpart A. EPA will continue to present OMB control

numbers in a consolidated table format to be codified in 40 CFR part 9

and in each CFR volume containing EPA regulations. The table lists the

section numbers with reporting and recordkeeping requirements, and the

current OMB control numbers. This display of the OMB control number and

its subsequent codification in the Code of Federal Regulations

satisfies the requirements of the Paperwork Reduction Act (44 U.S.C.

3501 et seq.) and OMB's implementing regulations at 5 CFR part 1320.

This ICR was subject to public notice and comment prior to OMB

approval. As a result, EPA finds that there is ``good cause'' under

section 553(b)(B) of the Administrative Procedures Act (5 U.S.C.

553(b)(B)) to amend this table without additional notice and comment.

Due to the technical nature of the table, further notice and comment

would be unnecessary.

VI. Administrative Designation

Pursuant to Executive Order 12866 (58 FR 51735, October 4, 1993),

the Agency must determine whether a regulatory action is

``significant'' and therefore subject to OMB review and the

requirements of the Executive Order. The Order defines ``significant

regulatory action'' as one that is likely to result in a rule that may:

[[Page 43886]]

(1) Have an annual effect on the economy of $100 million or more

or adversely affect in a material way the economy, a sector of the

economy, productivity, competition, jobs, the environment, public

health or safety, or state, local, or tribal governments or

communities;

(2) Create a serious inconsistency or otherwise interfere with

an action taken or planned by another agency;

(3) Materially alter the budgetary impact of entitlements,

grants, user fees, or loan programs or the rights and obligations of

recipients thereof; or

(4) Raise novel legal or policy issues arising out of legal

mandates, the President's priorities, or the principles set forth in

the Executive Order.

Pursuant to the terms of Executive Order 12866, the Agency has

determined that this direct final rule is not a ``significant

regulatory action.''

VII. Regulatory Flexibility Act

The Regulatory Flexibility Act of 1980 requires federal agencies to

examine significant adverse impacts of federal regulations on a

substantial number of small entities. The Agency believes that the

changes to the test requirements published in this final action are

unlikely to have a significant economic impact on a substantial number

of small entities. In fact, the revisions expand the flexibility of

small businesses required to comply with existing regulations.

VIII. Unfunded Mandates Act

Under section 202 of the Unfunded Mandates Reform Act of 1995, EPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a federal mandate with estimated costs to the

private sector of $100 million or more, or to state, local, or tribal

governments of $100 million or more in the aggregate. Under section

205, EPA must select the most cost-effective and least burdensome

alternative that achieves the objectives of the rule and is consistent

with statutory requirements. Section 203 requires EPA to establish a

plan for informing and advising any small governments that may be

significantly or uniquely impacted by the rule.

EPA has determined that this direct final rule imposes no new

federal requirements and therefore does not include any federal mandate

with costs to the private sector or to state, local, or tribal

governments.

IX. Judicial Review

Under section 307(b) of the Clean Air Act, EPA hereby finds that

these regulations are of national applicability. Accordingly, judicial

review of this action is available only by filing a petition for review

in the United States Court of Appeals for the District of Columbia

Circuit within 60 days of publication. Under section 307(b)(2) of the

Act, the requirements that are the subject of this document may not be

challenged later in judicial proceedings brought by EPA to enforce

these requirements.

List of Subjects

40 CFR Part 9

Reporting and recordkeeping requirements.

40 CFR Part 86

Environmental protection, Administrative practice and procedures,

Air pollution control, Confidential business information, Gasoline,

Incorporation by reference, Labeling, Motor vehicle pollution, Motor

vehicles, Reporting and recordkeeping requirements.

40 CFR Part 600

Administrative practice and procedures, Electric power, Energy

conservation, Fuel economy, Gasoline, Labeling, Motor vehicles,

Reporting and recordkeeping requirements.

Dated: July 6, 1995.

Carol M. Browner,

Administrator.

For the reasons set out in the preamble, title 40, chapter I, parts

9 and 86 of the Code of Federal Regulations, are amended as set forth

below.

PART 9--[AMENDED]

1. The authority citation for part 9 continues to read as follows:

Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003,

2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33

U.S.C. 1251 et seq., 1311, 1313d, 1314, 1321, 1326, 1330, 1344, 1345

(d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR 1971-1975 Comp. p.

973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 300g-1, 300g-2,

300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2, 300j-3, 300j-4,

300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542, 9601-9657,

11023, 11048.

2. Section 9.1 is amended by removing from the table entries

86.078-7, 86.082-14, 86.084-5, 86.084-14, 86.084-26, 86.085-8--86.085-

9, 86.085-21--86.085-25, 86.085-27--86.085-30, 86.085-35, 86.085-37--

86.085-38, 86.087-21, 86.087-23, 86.087-25, 86.087-28, 86.087-30,

86.087-35, 86.088-21, 86.088-23, 86.088-25, 86.088-28, 86.088-30,

86.088-35, 86.090-7, 86.090-14--86.090-15, 86.090-23, 86.090-25--

86.090-28, 86.090-30, 86.142-82, 86.144-78, 86.537-78, 86.542-78,

86.1310-84, 86.1310-88, 86.1335-84, 86.1341-84, 86.1342-84, 86.1344-84,

86.1344-88 and by adding new entries in numerical order under the

indicated heading to read as follows:

Sec. 9.1 OMB approvals under the Paperwork Reduction Act.

* * * * *

------------------------------------------------------------------------

OMB control

40 CFR citation No.

------------------------------------------------------------------------

* * * * *

Control of Air Pollution From New and In-Use Motor Vehicles and New

and In-Use Motor Vehicle Engines: Certification and Test Procedures

* * * * *

86.085-37.................................................. 2060-0104

* * * * *

86.090-14.................................................. 2060-0104

* * * * *

86.090-25.................................................. 2060-0104

86.090-26.................................................. 2060-0104

86.090-27.................................................. 2060-0104

* * * * *

86.096-7................................................... 2060-0104

86.096-10.................................................. 2060-0104

86.096-14.................................................. 2060-0104

86.096-26.................................................. 2060-0104

86.096-30.................................................. 2060-0104

86.099-10.................................................. 2060-0104

* * * * *

------------------------------------------------------------------------

PART 86--[AMENDED]

3. The authority citation for part 86 continues to read as follows:

Authority: Secs. 202, 203, 205, 206, 207, 208, 215, 216, 217,

and 301(a), Clean Air Act, as amended (42 U.S.C. 7521, 7522, 7524,

7525, 7541, 7542, 7549, 7550, 7552, and 7601(a)).

4. Part 86 is amended by removing the following sections: 86.078-7,

86.081-8, 86.082-8, 86.082-14, 86.083-30, 86.084-5, 86.084-14, 86.084-

15, 86.084-26, 86.085-8, 86.085-9, 86.085-10, 86.085-11, 86.085-21,

86.085-22, 86.085-23, 86.085-24, 86.085-25, 86.085-27, 86.085-28,

86.085-29, 86.085-30, 86.085-35, 86.085-38, 86.087-8, 86.087-9, 86.087-

10, 86.087-21, 86.087-23, 86.087-25, 86.087-28, 86.087-29, 86.087-30,

86.087-35, 86.088-9, 86.088-11, 86.088-21, 86.088-23, 86.088-25,

86.088-28, 86.088-29, 86.088-30, 86.088-35, 86.090-7, 86.090-10,

86.090-11, 86.090-15, 86.090-23, 86.090-28, 86.090-29, 86.090-30,

86.090-35, 86.106-82, 86.109-82, 86.110-82, 86.111-82, 86.112-82,

86.116-82, 86.119-78, 86.126-78, 86.139-82, 86.142-82, 86.144-78,

86.401-78, 86.410-78, 86.509-78, 86.511-78,

[[Page 43887]]

86.513-82, 86.516-78, 86.521-78, 86.526-78, 86.527-78, 86.535-78,

86.537-78, 86.540-78, 86.542-78, 86.544-78, 86.1309-84, 86.1310-84,

86.1310-88, 86.1311-84, 86.1335-84, 86.1341-84, 86.1342-84, 86.1344-84,

86.1344-88, 86.1501-84, 86.1504-84, 86.1506-84, 86.1513-84, 86.1513-87.

5. Section 86.1 is amended by adding paragraph (b)(4) to read as

follows:

Sec. 86.1 Reference materials.

* * * * *

(b) * * *

(4) California regulatory requirements. The following table sets

forth California regulatory requirements that have been incorporated by

reference. The first column lists the name and date of the material.

The second column lists the sections of the part, other than Sec. 86.1,

in which the matter is referenced. The second column is presented for

information only and may not be all-inclusive. Copies of these

materials may be obtained from U.S. EPA, Office of Air and Radiation,

401 M Street, S.W., Washington, DC 20460.

------------------------------------------------------------------------

Document No. and name 40 CFR part 86 reference

------------------------------------------------------------------------

California Regulatory Requirements 86.096-8; 86.096-9; 86.096-10.

Applicable to the Evaporative

Emissions Program, January 4, 1995.

------------------------------------------------------------------------

Subpart A--[Amended]

6. Section 86.096-8 of subpart A is amended by revising paragraph

(b) introductory text and adding paragraph (b)(5)(iv) to read as

follows:

Sec. 86.096-8 Emission standards for 1996 and later model year light-

duty vehicles.

* * * * *

(b) Evaporative emissions from light-duty vehicles shall not exceed

the following standards. The standards apply equally to certification

and in-use vehicles. The spitback standard also applies to newly

assembled vehicles. For certification vehicles only, manufacturers may

conduct testing to quantify a level of nonfuel background emissions for

an individual test vehicle. Such a demonstration must include a

description of the source(s) of emissions and an estimated decay rate.

The demonstrated level of nonfuel background emissions may be

subtracted from emission test results from certification vehicles if

approved in advance by the Administrator.

* * * * *

(5) * * *

(iv) For the 1996 model year, manufacturers may satisfy the testing

requirements for federal certification to the evaporative standards of

paragraph (b) of this section, except the fuel dispensing spitback

test, by presenting test results from the certification procedures

defined by the California Regulatory Requirements Applicable to the

Evaporative Emissions Program (January 4, 1995). These requirements

have been incorporated by reference (see Sec. 86.1).

* * * * *

7. Section 86.096-9 of subpart A is amended by revising paragraphs

(b) introductory text and (c) through (k), and adding paragraph

(b)(5)(iv) to read as follows:

Sec. 86.096-9 Emission standards for 1996 and later model year light-

duty trucks.

* * * * *

(b) Evaporative emissions from light-duty trucks shall not exceed