§ 86.1862-04 Maintenance of records and submittal of information relevant to compliance with fleet average standards.
(a) Overview. This section describes reporting and recordkeeping requirements for vehicles subject to the following standards:
(1) Tier 4 criteria exhaust emission standards, including cold temperature NMOG+NOX standards, in § 86.1811-27.
(2) Tier 3 evaporative emission standards in § 86.1813-17.
(3) Tier 3 FTP emission standard for NMOG+NOX for LDV and LDT in § 86.1811-17.
(4) Tier 3 SFTP emission standard for NMOG+NOX for LDV and LDT (including MDPV) in § 86.1811-17.
(5) Tier 3 FTP emission standard for NMOG+NOX for HDV (other than MDPV) in § 86.1816-18.
(6) Cold temperature NMHC standards in § 86.1811-17 for vehicles subject to Tier 3 NMOG+NOX standards.
(b) Maintenance of records. (1) The manufacturer producing any vehicles subject to a fleet-average standard under this subpart must establish and maintain all the following information in organized and indexed records for each model year:
(i) Model year.
(ii) Applicable fleet-average standard.
(iii) Calculated fleet-average value.
(iv) All values used in calculating the fleet-average value achieved.
(2) The manufacturer producing any vehicle subject to the provisions in this section must keep all the following information for each vehicle:
(i) Model year.
(ii) Applicable fleet-average standard.
(iii) EPA test group or evaporative family, as applicable.
(iv) Assembly plant.
(v) Vehicle identification number.
(vi) The FEL and the fleet-average standard to which the vehicle is certified.
(vii) Information on the point of first sale, including the purchaser, city, and state.
(3) The manufacturer must retain all records required to be maintained under this section for a period of eight years from the due date for the annual report. Records may be stored in any format and on any media, as long as manufacturers can promptly send EPA organized written records in English if we ask for them. Manufacturers must keep records readily available as EPA may review them at any time.
(4) The Administrator may require the manufacturer to retain additional records or submit information not specifically required by this section.
(5) EPA may void ab initio a certificate of conformity for a vehicle certified to emission standards as set forth or otherwise referenced in this subpart for which the manufacturer fails to retain the records required in this section, to provide such information to the Administrator upon request, or to submit the reports required in this section in the specified time period.
(c) Reporting. (1) Each manufacturer must submit an annual report. Except as provided in paragraph (b)(2) of this section, the annual report must contain, for each applicable fleet average standard, the fleet average value achieved, all values required to calculate the fleet-average value, the number of credits generated or debits incurred, all the values required to calculate the credits or debits, and sufficient information to show compliance with all phase-in requirements, if applicable. The annual report must also contain the resulting balance of credits or debits.
(2) When a manufacturer calculates compliance with the fleet average standard using the provisions in § 86.1860-17(f), the annual report must state that the manufacturer has elected to use such provision and must contain the fleet average standard as the fleet average value for that model year.
(3) For each applicable fleet-average standard, the annual report must also include documentation on all credit transactions the manufacturer has engaged in since those included in the last report. Information for each transaction must include all the following information:
(i) Name of credit provider.
(ii) Name of credit recipient.
(iii) Date the transfer occurred.
(iv) Quantity of credits transferred.
(v) Model year in which the credits were earned.
(4) Unless a manufacturer reports the data required by this section in the annual production report required under § 86.1844-01(e) and subsequent model year provisions, a manufacturer must submit an annual report for each model year after production ends for all affected vehicles produced by the manufacturer subject to the provisions of this subpart and no later than May 1 of the calendar year following the given model year. Annual reports must be submitted to: Director, Compliance Division, U.S. Environmental Protection Agency, 2000 Traverwood, Ann Arbor, Michigan 48105.
(5) Failure by a manufacturer to submit the annual report in the specified time period for all vehicles subject to the provisions in this section is a violation of Clean Air Act section 203(a)(1) (42 U.S.C 7522(a)(1)) for each subject vehicle produced by that manufacturer.
(6) If EPA or the manufacturer determines that a reporting error occurred on an annual report previously submitted to EPA, the manufacturer's credit or debit calculations will be recalculated. EPA may void erroneous credits, unless transferred, and must adjust erroneous debits. In the case of transferred erroneous credits, EPA must adjust the selling manufacturer's credit or debit balance to reflect the sale of such credits and any resulting generation of debits.
(d) Notice of opportunity for hearing. Any voiding of the certificate under this section will be made only after EPA has offered the manufacturer concerned an opportunity for a hearing conducted in accordance with 40 CFR part 1068, subpart G, and, if a manufacturer requests such a hearing, will be made only after an initial decision by the Presiding Officer.
[79 FR 23735, Apr. 28, 2014, as amended at 81 FR 73992, Oct. 25, 2016; 89 FR 28191, Apr. 18, 2024]