U.S. Code of Federal Regulations
Regulations most recently checked for updates: Dec 11, 2024
(a) Applicability. (1) The greenhouse gas standards and related requirements in this section apply to 2012 and later model year LDV, LDT, and MDPV, including multi-fuel vehicles, vehicles fueled with alternative fuels, hybrid electric vehicles, plug-in hybrid electric vehicles, electric vehicles, and fuel cell vehicles. Unless otherwise specified, multi-fuel vehicles must comply with all requirements established for each consumed fuel.
(2) The standards specified in this section apply for testing at both low-altitude conditions and high-altitude conditions. However, manufacturers must submit an engineering evaluation indicating that common calibration approaches are utilized at high altitude instead of performing testing for certification, consistent with § 86.1829. Any deviation from low altitude emission control practices must be included in the auxiliary emission control device (AECD) descriptions submitted at certification. Any AECD specific to high altitude requires engineering emission data for EPA evaluation to quantify any emission impact and determine the validity of the AECD.
(3) A manufacturer that qualifies as a small business according to § 86.1801-12(j) is exempt from the emission standards in this section and the associated provisions in 40 CFR part 600; however, manufacturers may trade emission credits generated in a given model year only by certifying to emission standards that apply for that model year. Starting in model year 2027, manufacturers may produce no more than 500 exempt vehicles in any model year under this paragraph (a)(3). This limit applies for vehicles with engines, including plug-in hybrid electric vehicles; this limit does not apply for electric vehicles. Vehicles that are not exempt under this paragraph (a)(3) must meet emission standards as specified in this section.
(4) Emergency vehicles may be excluded from the emission standards described in this section. The manufacturer must notify the Administrator that they are making such an election in the model year reports required under 40 CFR 600.512-12. Exclude such vehicles from both the calculation of the fleet average standard for a manufacturer under paragraph (c) of this section and from the calculation of the fleet average carbon-related exhaust emissions in 40 CFR 600.510-12.
(b) Definitions. The following definitions apply for this section:
(1) Passenger automobile means a motor vehicle that is a passenger automobile as that term is defined in 49 CFR 523.4.
(2) Light truck means a motor vehicle that is a non-passenger automobile as that term is defined in 49 CFR 523.5.
(3) Manufacturer has the meaning given by the Department of Transportation at 49 CFR 531.4.
(c) Fleet average CO
(1) Each manufacturer must comply with separate fleet average CO
(2) A CO
Table 1 to Paragraph
Vehicle type | Footprint
cutpoints (ft 2) | CO | |||
---|---|---|---|---|---|
Low | High | Below low
cutpoint | Between
cutpoints a | Above high
cutpoint | |
Passenger automobile | 45 | 56 | 71.8 | 0.35 × | 75.6 |
Light truck | 45 | 70.0 | 75.7 | 1.38 × | 110.1 |
a Calculate the CO
(d) In-use CO
(e) [Reserved]
(f) Nitrous oxide (N
(1) Standards applicable to each test group. (i) Exhaust emissions of nitrous oxide (N
(2) Include N
(3) Optional use of alternative N
(4) CO
(g) Alternative fleet average standards for manufacturers with limited sales. Manufacturers meeting the criteria in this paragraph (g) may request alternative fleet average CO
(1) Eligibility for alternative standards. Eligibility as determined in this paragraph (g) shall be based on the total nationwide sales of combined passenger automobiles and light trucks. The terms “sales” and “sold” as used in this paragraph (g) shall mean vehicles produced for sale in the states and territories of the United States. For the purpose of determining eligibility the sales of related companies shall be aggregated according to the provisions of § 86.1838-01(b)(3), or, if a manufacturer has been granted operational independence status under § 86.1838-01(d), eligibility shall be based on that manufacturer's vehicle sales. To be eligible for alternative standards established under this paragraph (g), the manufacturer's average sales for the three most recent consecutive model years must remain below 5,000. If a manufacturer's average sales for the three most recent consecutive model years exceeds 4999, the manufacturer will no longer be eligible for exemption and must meet applicable emission standards starting with the model year according to the provisions in this paragraph (g)(1).
(i) If a manufacturer's average sales for three consecutive model years exceeds 4999, and if the increase in sales is the result of corporate acquisitions, mergers, or purchase by another manufacturer, the manufacturer shall comply with the emission standards described in paragraph (c) of this section, as applicable, beginning with the first model year after the last year of the three consecutive model years.
(ii) If a manufacturer's average sales for three consecutive model years exceeds 4999 and is less than 50,000, and if the increase in sales is solely the result of the manufacturer's expansion in vehicle production (not the result of corporate acquisitions, mergers, or purchase by another manufacturer), the manufacturer shall comply with the emission standards described in paragraph (c), of this section, as applicable, beginning with the second model year after the last year of the three consecutive model years.
(2) Requirements for new entrants into the U.S. market. New entrants are those manufacturers without a prior record of automobile sales in the United States and without prior certification to greenhouse gas emission standards in this section. In addition to the eligibility requirements stated in paragraph (g)(1) of this section, new entrants must meet the following requirements:
(i) In addition to the information required under paragraph (g)(4) of this section, new entrants must provide documentation that shows a clear intent by the company to actually enter the U.S. market in the years for which alternative standards are requested. Demonstrating such intent could include providing documentation that shows the establishment of a U.S. dealer network, documentation of work underway to meet other U.S. requirements (e.g., safety standards), or other information that reasonably establishes intent to the satisfaction of the Administrator.
(ii) Sales of vehicles in the U.S. by new entrants must remain below 5,000 vehicles for the first three model years in the U.S. market, and in subsequent years the average sales for any three consecutive years must remain below 5,000 vehicles. Vehicles sold in violation of these limits within the first five model years will be considered not covered by the certificate of conformity and the manufacturer will be subject to penalties on an individual-vehicle basis for sale of vehicles not covered by a certificate. In addition, violation of these limits will result in loss of eligibility for alternative standards until such point as the manufacturer demonstrates two consecutive model years of sales below 5,000 automobiles. After the first five model years, the eligibility provisions in paragraph (g)(1) of this section apply, where violating the sales thresholds is no longer a violation of the condition on the certificate, but is instead grounds for losing eligibility for alternative standards.
(iii) A manufacturer with sales in the most recent model year of less than 5,000 automobiles, but where prior model year sales were not less than 5,000 automobiles, is eligible to request alternative standards under this paragraph (g). However, such a manufacturer will be considered a new entrant and subject to the provisions regarding new entrants in this paragraph (g), except that the requirement to demonstrate an intent to enter the U.S. market in paragraph (g)(2)(i) of this section shall not apply.
(3) How to request alternative fleet average standards. Eligible manufacturers may petition for alternative standards for up to five consecutive model years if sufficient information is available on which to base such standards.
(i) To request alternative standards starting with the 2017 model year, eligible manufacturers must submit a completed application no later than July 30, 2013.
(ii) To request alternative standards starting with a model year after 2017, eligible manufacturers must submit a completed request no later than 36 months prior to the start of the first model year to which the alternative standards would apply.
(iii) The request must contain all the information required in paragraph (g)(4) of this section, and must be signed by a chief officer of the company. If the Administrator determines that the content of the request is incomplete or insufficient, the manufacturer will be notified and given an additional 30 days to amend the request.
(4) Data and information submittal requirements. Eligible manufacturers requesting alternative standards under this paragraph (g) must submit the following information to the Environmental Protection Agency. The Administrator may request additional information as she deems appropriate. The completed request must be sent to the Environmental Protection Agency at the following address: Director, Compliance and Innovative Strategies Division, U.S. Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, Michigan 48105.
(i) Vehicle model and fleet information. (A) The model years to which the requested alternative standards would apply, limited to five consecutive model years.
(B) Vehicle models and projections of sales volumes for each model year.
(C) Detailed description of each model, including the vehicle type, vehicle mass, power, footprint, powertrain, and expected pricing.
(D) The expected production cycle for each model, including new model introductions and redesign or refresh cycles.
(ii) Technology evaluation information. (A) The CO
(B) An evaluation of comparable models from other manufacturers, including CO
(C) A discussion of the CO
(D) An evaluation, at a minimum, of the technologies projected by the Environmental Protection Agency in a final rulemaking as those technologies likely to be used to meet greenhouse gas emission standards and the extent to which those technologies are employed or projected to be employed by the manufacturer. For any technology that is not projected to be fully employed, explain why this is the case.
(iii) Alternative fleet average CO
(B) For each model year, a projection of the lowest feasible sales-weighted fleet average CO
(C) A copy of any application, data, and related information submitted to NHTSA in support of a request for alternative Corporate Average Fuel Economy standards filed under 49 CFR part 525.
(iv) Information supporting eligibility. (A) U.S. sales for the three previous model years and projected sales for the model years for which the manufacturer is seeking alternative standards.
(B) Information regarding ownership relationships with other manufacturers, including details regarding the application of the provisions of § 86.1838-01(b)(3) regarding the aggregation of sales of related companies.
(5) Alternative standards. Alternative standards apply as follows:
(i) Where EPA has exercised its regulatory authority to administratively specify alternative standards, those alternative standards approved for model year 2021 continue to apply through model year 2026. Starting in model year 2027, manufacturers must certify to the standards in paragraph (h) of this section on a delayed schedule, as follows:
In model year . . . | Manufacturers
must certify to the standards that would otherwise apply in . . . |
---|---|
(A) 2027 | 2025 |
(B) 2028 | 2025 |
(C) 2029 | 2027 |
(D) 2030 | 2028 |
(E) 2031 | 2030 |
(ii) EPA may approve a request from other manufacturers for alternative fleet average CO
(6) Restrictions on credit trading. Manufacturers subject to alternative standards approved by the Administrator under this paragraph (g) may not trade credits to another manufacturer. Transfers between car and truck fleets within the manufacturer are allowed, and the carry-forward provisions for credits and deficits apply. Manufacturers may generate credits in a given model year for trading to another manufacturer by certifying to the standards in paragraph (h) of this section for the current model year across the manufacturer's full product line. A manufacturer certifying to the standards in paragraph (h) of this section will no longer be eligible to certify to the alternative standards under this paragraph (g) in later model years.
(7) Starting in model year 2032, all manufacturers must certify to the standards in paragraph (c) of this section.
(h) Historical and interim standards. The following CO
(1) CO
Table 2 to Paragraph (
Model year | Footprint cutpoints (ft 2) | CO (g/mile) | |||
---|---|---|---|---|---|
Low | High | Below low cutpoint | Between cutpoints a | Above high cutpoint | |
2012 | 41 | 56 | 244.0 | 4.72 × | 315.0 |
2013 | 41 | 56 | 237.0 | 4.72 × | 307.0 |
2014 | 41 | 56 | 228.0 | 4.72 × | 299.0 |
2015 | 41 | 56 | 217.0 | 4.72 × | 288.0 |
2016 | 41 | 56 | 206.0 | 4.72 × | 277.0 |
2017 | 41 | 56 | 195.0 | 4.53 × | 263.0 |
2018 | 41 | 56 | 185.0 | 4.35 × | 250.0 |
2019 | 41 | 56 | 175.0 | 4.17 × | 238.0 |
2020 | 41 | 56 | 166.0 | 4.01 × | 226.0 |
2021 | 41 | 56 | 161.8 | 3.94 × | 220.9 |
2022 | 41 | 56 | 159.0 | 3.88 × | 217.3 |
2023 | 41 | 56 | 145.6 | 3.56 × | 199.1 |
2024 | 41 | 56 | 138.6 | 3.39 × | 189.5 |
2025 | 41 | 56 | 130.5 | 3.26 × | 179.4 |
2026 | 41 | 56 | 114.3 | 3.11 × | 160.9 |
2027 | 42 | 56 | 135.9 | 0.66 × | 145.2 |
2028 | 43 | 56 | 123.8 | 0.60 × | 131.6 |
2029 | 44 | 56 | 110.6 | 0.54 × | 117.0 |
2030 | 45 | 56 | 98.2 | 0.47 × | 103.4 |
2031 | 45 | 56 | 85.3 | 0.41 × | 89.8 |
a Calculate the CO
(2) CO
Table 3 to paragraph (
Model year | Footprint cutpoints
(ft 2) | CO (g/mile) | |||
---|---|---|---|---|---|
Low | High | Below low
cutpoint | Between
cutpoints a | Above high
cutpoint | |
2012 | 41 | 66.0 | 294.0 | 4.04 × | 395.0 |
2013 | 41 | 66.0 | 284.0 | 4.04 × | 385.0 |
2014 | 41 | 66.0 | 275.0 | 4.04 × | 376.0 |
2015 | 41 | 66.0 | 261.0 | 4.04 × | 362.0 |
2016 | 41 | 66.0 | 247.0 | 4.04 × | 348.0 |
2017 | 41 | 50.7 | 238.0 | 4.87 × | — |
2017 | 50.8 | 66.0 | — | 4.04 × | 347.0 |
2018 | 41 | 60.2 | 227.0 | 4.76 × | — |
2018 | 60.3 | 66.0 | 4.04 × | 342.0 | |
2019 | 41 | 66.4 | 220.0 | 4.68 × | 339.0 |
2020 | 41 | 68.3 | 212.0 | 4.57 × | 337.0 |
2021 | 41 | 68.3 | 206.5 | 4.51 × | 329.4 |
2022 | 41 | 68.3 | 203.0 | 4.44 × | 324.1 |
2023 | 41 | 74.0 | 181.1 | 3.97 × | 312.1 |
2024 | 41 | 74.0 | 172.1 | 3.77 × | 296.5 |
2025 | 41 | 74.0 | 159.3 | 3.58 × | 277.4 |
2026 | 41 | 74.0 | 141.8 | 3.41 × | 254.4 |
2027 | 42 | 73.0 | 150.3 | 2.89 × | 239.9 |
2028 | 43 | 72.0 | 136.8 | 2.58 × | 211.7 |
2029 | 44 | 71.0 | 122.7 | 2.27 × | 184.0 |
2030 | 45 | 70.0 | 108.8 | 1.98 × | 158.3 |
2031 | 45 | 70.0 | 91.8 | 1.67 × | 133.5 |
a Calculate the CO