TITLE 40 - PROTECTION OF ENVIRONMENT

CHAPTER I - ENVIRONMENTAL PROTECTION AGENCY

SUBCHAPTER C - AIR PROGRAMS

PART 86 - CONTROL OF EMISSIONS FROM NEW AND IN - USE HIGHWAY VEHICLES AND ENGINES

subpart k - SELECTIVE ENFORCEMENT AUDITING OF NEW HEAVY - DUTY ENGINES, HEAVY - DUTY VEHICLES, AND LIGHT - DUTY TRUCKS

86.1010 - 2001 - Compliance with acceptable quality level and passing and failing criteria for Selective Enforcement Audits.

  (a) The prescribed acceptable quality level is 40 percent.

  (b) A failed vehicle or engine is one whose final deteriorated test results pursuant to 86.10092001(c) exceed at least one of the applicable emission standards associated with the test procedures pursuant to 86.10082001(a).

  (c)(1) Pass/fail criteria. The manufacturer shall test light-duty trucks, heavy-duty engines, or heavy-duty vehicles comprising the test sample until a pass decision is reached for all of the pollutants associated with all of the test procedures pursuant to 86.10082001(a) or a fail decision is reached for one of these pollutants. A pass decision is reached when the cumulative number of failed vehicles or engines, as defined in paragraph (b) of this section, for each pollutant is less than or equal to the fail decision number appropriate to the cumulative number of vehicles tested. A fail decision is reached when the cumulative number of failed vehicles or engines for one pollutant is greater than or equal to the fail decision number appropriate to the cumulative number of vehicles tested. The pass and fail decision numbers associated with the cumulative number of vehicles tested are determined by use of the tables in appendix X of this part appropriate to the projected sales as made by the heavy-duty engine or heavy-duty vehicle manufacturer in its Application for Certification, or as made by the light-duty truck manufacturer in its report submitted under 600.20780(a)(2) of this chapter (Automobile Fuel Economy Regulations). In the tables in appendix X of this part, sampling plan stage refers to the cumulative number of vehicles or engines tested. Once a pass decision has been made for a particular pollutant associated with a particular test procedure pursuant to 86.10082001(a), the number of vehicles or engines whose final deteriorated test results exceed the emission standard for that pollutant may not be considered any further for purposes of the audit.

  (2) CST criteria only. For CST testing pursuant to subpart O, a pass or fail decision is determined according to the pass/fail criteria described in paragraph (c)(1) of this section, except that for each vehicle, the CST in its entirety is considered one pollutant.

  (d) Passing or failing of an SEA audit occurs when the decision is made on the last vehicle or engine required to make a decision under paragraph (c) of this section.

  (e) The Administrator may terminate testing earlier than required in paragraph (c) of this section.

[59 FR 16309, Apr. 6, 1994]