United States              Air and Radiation         EPA420-F-04-013
                    Environmental Protection                          January 2004
                    Agency

                    Office of Transportation and Air Quality
&EPA       Regulatory
                   Announcement
                    Proposed Rule for Emissions
                    Durability Test Procedures
                   The U. S. Environmental Protection Agency (EPA) is proposing a
                   regulation that instructs automotive manufacturers how to conduct the
                   durability procedures used to predict the useful life emissions of new
                   vehicles. This rulemaking fulfills a court mandate issued on October 22,
                   2002, by the United States Court of Appeals for the District of Columbia
                   Circuit that ordered EPA to issue new emissions durability regulations.
                   Summary of the Proposed Rule
                   This proposal includes durability procedures applicable to light-duty
                   vehicles and trucks, and some heavy-duty vehicles. The procedures will
                   be used to predict what the emission levels of new vehicles will be at the
                   end of their useful life period (e.g., 120,000 miles for Tier 2 light-duty
                   vehicles). It includes two prescribed test methods: the standard whole
                   vehicle  aging cycle and the standard bench aging cycle. Manufacturers
                   would use one of these cycles to age pre-production vehicles to the
                   equivalent of the useful life mileage. Test data from this aging would
                   then be  used to project what the emission levels of certification vehicles
                   would be at their full useful lives. In addition, EPA is proposing to allow
                   the use of customized or alterative cycles with advance EPA approval.

                   This proposal only affects the durability procedures of the new vehicle
                   certification program. Other features of the certification program, such
                   as the reporting requirements and in-use verification testing are unaf-
                   fected.
                                                             > Printed on Recycled Paper

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Key Elements of the Proposed Rule

  *  Standard Road Cycle - a driving cycle used to operate a vehicle on
     a track or dynamometer for the mileage equivalent to the useful life
     period prescribed elsewhere by regulation.

  •  Standard Bench Cycle - a laboratory cycle used to rapidly age
     emission components - primarily the catalytic converter and oxygen
     sensors - to the equivalent of the useful life period. This is done by
     exposing the components to extremely high temperatures.

  •  Provisions for using customized or alternate procedures to those
     above. Advance EPA approval is required; the criteria are spelled
     out in the regulations.

  •  Provisions for using the In-Use Verification Program (IUVP) test
     data to evaluate the effectiveness of the durability program. IUVP
     data is collected as part of the  current certification regulations
     (known as "CAP 2000").
Background
EPAs regulations detail the process motor vehicle manufacturers must
follow to obtain EPA emissions certification, as required in the Clean Air
Act. In 2000, EPA issued a comprehensive update to the certification
regulations for light-duty vehicles and light-duty trucks. These certifica-
tion regulations are known as "CAP 2000" (Compliance Assurance
Program). They include detailed procedures on the selection of vehicles
for testing, specifications on the information that must be submitted to
EPA, and other requirements pertaining to reporting and testing.

Under CAP 2000, each manufacturer, except small volume manufactur-
ers, was required to develop an emission durability process which would
effectively predict the in-use deterioration of the vehicles they produce.
EPA advance approval was needed.

Ethyl  Corporation petitioned for review of the CAP 2000 rulemaking,
claiming among other things that the CAP 2000 durability provisions
were unlawful. EPA had not promulgated methods and procedures for
making tests by regulation as required by § 206. In an opinion issued on
October 22, 2002, the Court found that CAP 2000 regulations were not
consistent with Section 206(d) of the Clean Air Act as they did not

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"establish methods and procedures for making tests" and remanded EPA
to vacate those regulations and promulgate new ones. Therefore, in this
proposed rule, EPA is addressing the mandate of the court to establish
such procedures.
Public Participation Opportunities
We welcome your comments on this proposed rule. For instructions on
submitting written comments, please see the Federal Register notice. It
is available from the EPA Air Docket by calling 202-566-1742; please
refer to Docket No.  OAR-2002-0079. In addition, you can access the
proposed rule and related documents at the Office of Transportation and
Air Quality Web site at:

      www. epa. gov/otaq/#cap2k

A public hearing will be held 15 days after publication of the proposed
rule in the Federal Register. Additional information about the hearing
will be printed in the Federal Register.
For More information
For further information on this proposed rulemaking, please contact
Linda Hormes at:

      U.S. Environmental Protection Agency
      Office of Transportation & Air Quality
      2000 Traverwood Drive
      Ann Arbor, MI 48105
      (734)214-4502
      E-mail: hormes.linda@epa.gov

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