---
kind: "section"
citation: "40 C.F.R. § 85.1705"
title: "40"
number: "85.1705"
heading: "Testing exemption."
url: "https://uscodex.org/cfr/40/85.1705"
---

# §85.1705. Testing exemption.

- (a) Any person requesting a testing exemption must demonstrate the following:
  - (1) That the proposed test program has a purpose which constitutes an appropriate basis for an exemption in accordance with [section 203(b)(1)](/cfr/40/203.md?p=b-1);
  - (2) That the proposed test program necessitates the granting of an exemption;
  - (3) That the proposed test program exhibits reasonableness in scope; and
  - (4) That the proposed test program exhibits a degree of control consonant with the purpose of the program and the Environmental Protection Agency's (hereafter EPA) monitoring requirements. Paragraphs [(b)](#b), [(c)](#c), [(d)](#d), and [(e)](#e) of this section describe what constitutes a sufficient demonstration for each of the four above identified elements.
- (b) With respect to the purpose of the proposed test program, an appropriate purpose is one which is consistent with one or more of the bases for exemption set forth under [section 203(b)(1)](/cfr/40/203.md?p=b-1), namely, research, investigations, studies, demonstrations, or training, but not including national security. A concise statement of purpose is a required item of information.
- (c) With respect to the necessity that an exemption be granted, necessity arises from an inability to achieve the stated purpose in a practicable manner without performing or causing to be performed one or more of the prohibited acts under [section 203(a)](/cfr/40/203.md?p=a). In appropriate circumstances time constraints may be a sufficient basis for necessity, but the cost of certification alone, in the absence of extraordinary circumstances, is not a basis for necessity.
- (d) With respect to reasonableness, a test program must exhibit a duration of reasonable length and affect a reasonable number of vehicles or engines. In this regard, required items of information include:
  - (1) An estimate of the program's duration;
  - (2) The maximum number of vehicles or engines involved; and
- (e) With respect to control, the test program must incorporate procedures consistent with the purpose of the test and be capable of affording EPA monitoring capability. As a minimum, required items of information include:
  - (1) The technical nature of the test;
  - (2) The site of the test;
  - (3) The time or mileage duration of the test;
  - (4) The ownership arrangement with regard to the vehicles or engines involved in the test;
  - (5) The intended final disposition of the vehicles or engines;
  - (6) The manner in which vehicle identification numbers or the engine serial numbers will be identified, recorded, and made available; and
  - (7) The means or procedure whereby test results will be recorded.
- (f) A manufacturer of new motor vehicles or new motor vehicle engines may request a testing exemption to cover any vehicles and/or engines intended for use in test programs planned or anticipated over the course of a subsequent one-year period. Unless otherwise required by the Director, Manufacturers Operations Division, a manufacturer requesting such an exemption need only furnish the information required by paragraphs [(a)(1)](#a-1) and [(d)(2)](#d-2) of this section along with a description of the recordkeeping and control procedures that will be employed to assure that the vehicles and/or engines are used for purposes consistent with [section 203(b)(1)](/cfr/40/203.md?p=b-1).

## Notes

### Amendments

[39 FR 32611, Sept. 10, 1974, as amended at 45 FR 13733, Mar. 3, 1980; 47 FR 30484, July 14, 1982]

### Authority

Authority: Secs. 208(b)(1), 216(2), and 301, Clean Air Act (42 U.S.C. 7522, 7550, and 7061).

### Source

Source: 39 FR 32611, Sept. 10, 1974, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 7401-7671q.

### Amendments

[39 FR 32611, Sept. 10, 1974, as amended at 45 FR 13733, Mar. 3, 1980; 47 FR 30484, July 14, 1982]