Regulations last checked for updates: Nov 22, 2024

Title 40 - Protection of Environment last revised: Nov 20, 2024
§ 1036.410 - Selecting and screening vehicles and engines for testing.

(a) Send us your proposed plan for recruiting, screening, and selecting vehicles. Identify the types of vehicles, location, and any other relevant criteria. We will approve your plan if it supports the objective of measuring emissions to represent a broad range of operating characteristics.

(b) Select vehicles and engines for testing that meet the following criteria:

(1) The vehicles come from at least two independent sources.

(2) Powertrain, drivetrain, emission controls, and other key vehicle and engine systems have been properly maintained and used. See § 1036.125.

(3) The engines have not been tampered with, rebuilt, or undergone major repair that could be expected to affect emissions.

(4) The engines have not been misfueled. Do not consider engines misfueled if they have used fuel meeting the specifications of § 1036.415(c).

(5) The vehicles are likely to operate for at least three hours of non-idle operation over a complete shift-day, as described in § 1036.415(f).

(6) The vehicles have not exceeded the applicable useful life, in miles, hours, or years; you may otherwise not exclude engines from testing based on their age or mileage.

(7) The vehicle has appropriate space for safe and proper mounting of the portable emission measurement system (PEMS) equipment.

(c) You must notify us before disqualifying any vehicle based on illuminated MIL or stored OBD trouble codes as described in § 1036.415(b)(2), or for any other reasons not specified in paragraph (b) of this section. For example, notify us if you disqualify any vehicle because the engine does not represent the engine family or the vehicle's usage is atypical for the particular application. You do not need to notify us in advance if the owner declines to participate in the test program.

authority: 42 U.S.C. 7401—7671q
source: 88 FR 4487, Jan. 24, 2023, unless otherwise noted.
cite as: 40 CFR 1036.410