Green Diesel Engineering
Engine and Transmission Calibration

Emission Regulations and Applicability NOTICE

GDE has always been focused on clean power and minimizing CO2 emissions from diesel engines.  We have had past disagreements with EPA enforcement of our written regulations.  Below are the official rules as pulled from the Code of Federal Regulations (CFR).  It is EPA assertion (inferred law) that tampering with powertrain emission hardware is forbidden as long as the vehicle is in use.  The written code is the only reference companies in the US have to ensure they are following the rules.  The CFR clearly provides limits to the applicability of emission regulations to a vehicle’s full useful life.

Tampering is covered under CFR Title 40, subchapter C, Part 86, Subpart S, 86.1854-12.  Within that statute (a)(3)(ii) is listed below:

For any person to manufacture, sell or offer to sell, or install, any part or component intended for use with, or as part of, any vehicle or engine, where a principal effect of the part or component is to bypass, defeat, or render inoperative any device or element of design installed on or in a vehicle or engine in compliance with regulations issued under this subpart, and where the person knows or should know that the part or component is being offered for sale or installed for this use or put to such use.

The underlined sentence is important as it references limits of the statute to vehicles or engines in compliance with regulations.

Let us move on to the applicability of these standards as covered in CFR, Title 40.86.1801-12.  We reference the first paragraph here:

(a) Applicability. The provisions of this subpart apply to certain types of new vehicles as described in this paragraph (a). Where the provisions apply for a type of vehicle, they apply for vehicles powered by any fuel, unless otherwise specified. In cases where a provision applies only to a certain vehicle group based on its model year, vehicle class, motor fuel, engine type, or other distinguishing characteristics, the limited applicability is cited in the appropriate section. Testing references in this subpart generally apply to Tier 2 and older vehicles, while testing references to 40 CFR part 1066 generally apply to Tier 3 and newer vehicles; see § 86.101 for detailed provisions related to this transition.

The underlined portion here limits the applicability of the subpart to that referenced in each section.

CFR, Title 40.86.1805-04, discusses vehicle useful life and applies limitations for Tier II and Tier III applications. Copied are paragraphs (a) and (b) below:

(a) Except as required under paragraph (b) of this section or permitted under paragraphs (d), (e) and (f) of this section, the full useful life for all LDVs, LDT1s and LDT2s is a period of use of 10 years or 120,000 miles, whichever occurs first. For all HLDTs, MDPVs, and complete heavy-duty vehicles full useful life is a period of 11 years or 120,000 miles, whichever occurs first. This full useful life applies to all exhaust, evaporative and refueling emission requirements except for standards which are specified to only be applicable at the time of certification.

(b) Manufacturers may elect to optionally certify a test group to the Tier 2 exhaust emission standards for 150,000 miles to gain additional NO_X credits, as permitted in § 86.1860-04(g), or to opt out of intermediate life standards as permitted in § 86.1811-04(c). In such cases, useful life is a period of use of 15 years or 150,000 miles, whichever occurs first, for all exhaust, evaporative and refueling emission requirements except for cold CO standards and standards which are applicable only at the time of certification.

The underlined portions above are very clear that emission requirements and compliance are limited to full useful life.

The Clean Air Act as written is a bit dated, but it is also very clear about stipulating regulatory limits based on useful life.  These are referenced in 42 U.S.C., Title 42, Ch. 85, subchapter II, Part A, Sec. 7521, Sec. 7522 and Sec. 7541.

It is understood mechanical systems wear out over time.  The cost to replace/repair can be burdensome on citizens and tuning can be a cost-effective method to keep a vehicle running acceptably after full useful life reached.  During a vehicle’s “afterlife”, we focus on maximizing efficiency of a powertrain.  Fuel economy and CO2 are inversely proportional, better fuel economy equals less CO2 generated.

Most vehicles before 2019 were certified Tier II with full useful life of 120,000 miles or 10 years, whichever comes first.

For 2020+ vehicles the standard is Tier III with full useful life of 150,000 miles or 10 years, whichever comes first.

If your vehicle is within the regulatory compliance period we have tuning options that meet all emission standards and improve the driving experience, performance and fuel economy.  For older vehicles that are beyond the regulatory compliance period, we can provide custom solutions based on the problem your vehicle is having.