Friday,

November
8,
2002
Part
II
Environmental
Protection
Agency
40
CFR
Parts
89
et
al.
Control
of
Emissions
From
Nonroad
Large
Spark­
Ignition
Engines,
and
Recreational
Engines
(
Marine
and
Land­
Based);
Final
Rule
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67,
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217
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November
8,
2002
/
Rules
and
Regulations
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Parts
89,
90,
91,
94,
1048,
1051,
1065,
and
1068
[
AMS
 
FRL
 
7380
 
2]

RIN
2060
 
AI11
Control
of
Emissions
From
Nonroad
Large
Spark­
Ignition
Engines,
and
Recreational
Engines
(
Marine
and
Land­
Based)

AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Final
rule.

SUMMARY:
In
this
action,
we
are
adopting
emission
standards
for
several
groups
of
nonroad
engines
that
have
not
been
subject
to
EPA
emission
standards.
These
engines
are
large
spark­
ignition
engines
such
as
those
used
in
forklifts
and
airport
ground­
service
equipment;
recreational
vehicles
using
sparkignition
engines
such
as
off­
highway
motorcycles,
all­
terrain
vehicles,
and
snowmobiles;
and
recreational
marine
diesel
engines.
Nationwide,
these
engines
and
vehicles
cause
or
contribute
to
ozone,
carbon­
monoxide,
and
particulate­
matter
nonattainment,
as
well
as
other
types
of
pollution
impacting
human
health
and
welfare.
We
expect
that
manufacturers
will
be
able
to
maintain
or
even
improve
the
performance
of
their
products
when
producing
engines
and
equipment
meeting
the
new
standards.
Many
engines
will
substantially
reduce
their
fuel
consumption,
partially
or
completely
offsetting
any
costs
associated
with
the
emission
standards.
Overall,
the
gasoline­
equivalent
fuel
savings
associated
with
the
anticipated
changes
in
technology
resulting
from
this
rule
are
estimated
to
be
about
800
million
gallons
per
year
once
the
program
is
fully
phased
in.
Health
and
environmental
benefits
from
the
controls
included
in
today's
rule
are
estimated
to
be
approximately
$
8
billion
per
year
once
the
controls
are
fully
phased
in.
There
are
also
several
provisions
to
address
the
unique
limitations
of
small­
volume
manufacturers.
DATES:
This
final
rule
is
effective
January
7,
2003.
The
incorporation
by
reference
of
certain
publications
listed
in
this
regulation
is
approved
by
the
Director
of
the
Federal
Register
as
of
January
7,
2003.
ADDRESSES:
Materials
relevant
to
this
rulemaking
are
contained
in
Public
Docket
Numbers
A
 
98
 
01
and
A
 
2000
 
01
at
the
following
address:
EPA
Docket
Center
(
EPA/
DC),
Public
Reading
Room,
Room
B102,
EPA
West
Building,
1301
Constitution
Avenue,
NW.,
Washington
DC.
The
EPA
Docket
Center
Public
Reading
Room
is
open
from
8:
30
a.
m.
to
4:
30
p.
m.,
Monday
through
Friday,
except
on
government
holidays.
You
can
reach
the
Reading
Room
by
telephone
at
(
202)
566
 
1742,
and
by
facsimile
at
(
202)
566
 
1741.
The
telephone
number
for
the
Air
Docket
is
(
202)
566
 
1742.
You
may
be
charged
a
reasonable
fee
for
photocopying
docket
materials,
as
provided
in
40
CFR
part
2.
For
further
information
on
electronic
availability
of
this
action,
see
SUPPLEMENTARY
INFORMATION
below.

FOR
FURTHER
INFORMATION
CONTACT:
U.
S.
EPA,
Office
of
Transportation
and
Air
Quality,
Assessment
and
Standards
Division
hotline,
(
734)
214
 
4636,
asdinfo@
epa.
gov;
Alan
Staut,
(
734)
214
 
4805.

SUPPLEMENTARY
INFORMATION:

Regulated
Entities
This
action
will
affect
companies
that
manufacture
or
introduce
into
commerce
any
of
the
engines
or
vehicles
subject
to
emission
standards.
These
include:
spark­
ignition
industrial
engines
such
as
those
used
in
forklifts
and
compressors;
recreational
vehicles
such
as
off­
highway
motorcycles,
allterrain
vehicles,
and
snowmobiles;
and
recreational
marine
diesel
engines.
This
action
will
also
affect
companies
buying
engines
for
installation
in
nonroad
equipment.
There
are
also
requirements
that
apply
to
those
who
rebuild
any
of
the
affected
nonroad
engines.
Regulated
categories
and
entities
include:

Category
NAICS
Codes
a
SIC
Codes
b
Examples
of
potentially
regulated
entities
Industry
...................
333618
3519
Manufacturers
of
new
nonroad
spark­
ignition
engines,
new
marine
engines.
Industry
...................
333111
3523
Manufacturers
of
farm
equipment.
Industry
...................
333112
3531
Manufacturers
of
construction
equipment,
recreational
marine
vessels.
Industry
...................
333924
3537
Manufacturers
of
industrial
trucks.
Industry
...................
811310
7699
Engine
repair
and
maintenance.
Industry
...................
336991
....................
Motorcycle
manufacturers.
Industry
...................
336999
....................
Snowmobiles
and
all­
terrain
vehicle
manufacturers.
Industry
...................
421110
....................
Independent
Commercial
Importers
of
Vehicles
and
Parts.

a
North
American
Industry
Classification
System
(
NAICS)
b
Standard
Industrial
Classification
(
SIC)
system
code.

This
list
is
not
intended
to
be
exhaustive,
but
rather
provides
a
guide
regarding
entities
likely
to
be
regulated
by
this
action.
To
determine
whether
this
action
regulates
particular
activities,
you
should
carefully
examine
the
regulations.
You
may
direct
questions
regarding
the
applicability
of
this
action
to
the
person
listed
in
FOR
FURTHER
INFORMATION
CONTACT.

Obtaining
Electronic
Copies
of
the
Regulatory
Documents
The
preamble,
regulatory
language,
Final
Regulatory
Support
Document,
and
other
rule
documents
are
also
available
electronically
from
the
EPA
Internet
web
site.
This
service
is
free
of
charge,
except
for
any
cost
incurred
for
internet
connectivity.
The
electronic
version
of
this
final
rule
is
made
available
on
the
day
of
publication
on
the
primary
web
site
listed
below.
The
EPA
Office
of
Transportation
and
Air
Quality
also
publishes
Federal
Register
notices
and
related
documents
on
the
secondary
web
site
listed
below.
1.
http://
www.
epa.
gov/
docs/
fedrgstr/
EPA­
AIR/
(
either
select
desired
date
or
use
Search
feature)
2.
http://
www.
epa.
gov/
otaq/
(
look
in
What's
New
or
under
the
specific
rulemaking
topic)
Please
note
that
due
to
differences
between
the
software
used
to
develop
the
documents
and
the
software
into
which
the
document
may
be
downloaded,
format
changes
may
occur.

Table
of
Contents
I.
Introduction
A.
Overview
B.
How
Is
This
Document
Organized?
C.
What
Categories
of
Vehicles
and
Engines
Are
Covered
in
This
Final
Rule?
D.
What
Requirements
Are
We
Adopting?
E.
Why
Is
EPA
Taking
This
Action?

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2002
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Rules
and
Regulations
1
Diesel­
cycle
engines,
referred
to
simply
as
``
diesel
engines''
in
this
document,
may
also
be
referred
to
as
compression­
ignition
(
or
CI)
engines.
These
engines
typically
operate
on
diesel
fuel,
but
other
fuels
may
also
be
used.
Otto­
cycle
engines
(
referred
to
here
as
spark­
ignition
or
SI
engines)
typically
operate
on
gasoline,
liquefied
petroleum
gas,
or
natural
gas.
2
This
rule
also
found
that
PM
emissions
from
marine
diesel
engines
contribute
to
PM
nonattainment.
II.
Nonroad:
General
Provisions
A.
Scope
of
Application
B.
Emission
Standards
and
Testing
C.
Demonstrating
Compliance
D.
Other
Concepts
III.
Recreational
Vehicles
and
Engines
A.
Overview
B.
Engines
Covered
by
This
Rule
C.
Emission
Standards
D.
Testing
Requirements
E.
Special
Compliance
Provisions
F.
Technological
Feasibility
of
the
Standards
IV.
Permeation
Emission
Control
A.
Overview
B.
Vehicles
Covered
by
This
Provision
C.
Permeation
Emission
Standards
D.
Testing
Requirements
E.
Special
Compliance
Provisions
F.
Technological
Feasibility
V.
Large
Spark­
ignition
(
SI)
Engines
A.
Overview
B.
Large
SI
Engines
Covered
by
This
Rule
C.
Emission
Standards
D.
Testing
Requirements
and
Supplemental
Emission
Standards
E.
Special
Compliance
Provisions
F.
Technological
Feasibility
of
the
Standards
VI.
Recreational
Marine
Diesel
Engines
A.
Overview
B.
Engines
Covered
by
This
Rule
C.
Emission
Standards
for
Recreational
Marine
Diesel
Engines
D.
Testing
Equipment
and
Procedures
E.
Special
Compliance
Provisions
F.
Technical
Amendments
G.
Technological
Feasibility
VII.
General
Nonroad
Compliance
Provisions
A.
Miscellaneous
Provisions
(
Part
1068,
Subpart
A)
B.
Prohibited
Acts
and
Related
Requirements
(
Part
1068,
Subpart
B)
C.
Exemptions
(
Part
1068,
Subpart
C)
D.
Imports
(
Part
1068,
Subpart
D)
E.
Selective
Enforcement
Audit
(
Part
1068,
Subpart
E)
F.
Defect
Reporting
and
Recall
(
Part
1068,
Subpart
F)
G.
Hearings
(
Part
1068,
Subpart
G)
VIII.
General
Test
Procedures
A.
General
Provisions
B.
Laboratory
Testing
Equipment
C.
Laboratory
Testing
Procedures
D.
Other
Testing
Procedures
IX.
Projected
Impacts
A.
Environmental
Impact
B.
Cost
Estimates
C.
Cost
Per
Ton
of
Emissions
Reduced
D.
Economic
Impact
Analysis
E.
Do
the
Benefits
Outweigh
the
Costs
of
the
Standards?
X.
Public
Participation
XI.
Statutory
and
Executive
Order
Reviews
A.
Executive
Order
12866:
Regulatory
Planning
and
Review
B.
Paperwork
Reduction
Act
C.
Regulatory
Flexibility
Act
(
RFA),
as
Amended
by
the
Small
Business
Regulatory
Enforcement
Fairness
Act
of
1996
(
SBREFA),
5
U.
S.
C.
601
et
seq.
D.
Unfunded
Mandates
Reform
Act
E.
Executive
Order
13132:
Federalism
F.
Executive
Order
13175:
Consultation
and
Coordination
With
Indian
Tribal
Governments
G.
Executive
Order
13045:
Protection
of
Children
From
Environmental
Health
and
Safety
Risks
H.
Executive
Order
13211:
Actions
That
Significantly
Affect
Energy
Supply,
Distribution,
or
Use
I.
National
Technology
Transfer
and
Advancement
Act
J.
Congressional
Review
Act
K.
Plain
Language
I.
Introduction
A.
Overview
Emissions
from
the
engines
regulated
in
this
rule
contribute
to
serious
airpollution
problems,
and
will
continue
to
do
so
in
the
future
absent
regulation.
These
air
pollution
problems
include
exposure
to
carbon
monoxide
(
CO),
ground­
level
ozone,
and
particulate
matter
(
PM),
which
can
cause
serious
health
problems,
including
premature
mortality
and
respiratory
problems.
Fine
PM
has
also
been
associated
with
cardiovascular
problems,
such
as
heart
rate
variability
and
changes
in
fibrinogen
(
a
blood
clotting
factor)
levels,
and
hospital
admissions
and
mortality
related
to
cardiovascular
diseases.
These
emissions
also
contribute
to
other
serious
environmental
problems,
including
visibility
impairment
and
ecosystem
damage.
In
addition,
many
of
the
hydrocarbon
(
HC)
pollutants
emitted
by
these
engines
are
air
toxics.
This
rule
addresses
these
air­
pollution
concerns
by
adopting
national
emission
standards
for
several
types
of
nonroad
engines
and
vehicles
that
are
currently
unregulated.
These
include
large
sparkignition
engines
used
in
industrial
and
commercial
applications
such
as
those
used
in
forklifts
and
airport
equipment;
recreational
spark­
ignition
vehicles
such
as
off­
highway
motorcycles,
all­
terrain
vehicles,
and
snowmobiles;
and
recreational
marine
diesel
engines.
1
These
new
standards
are
a
continuation
of
the
process
of
establishing
emission
standards
for
nonroad
engines
and
vehicles,
under
Clean
Air
Act
section
213(
a).
We
conducted
a
study
of
emissions
from
nonroad
engines,
vehicles,
and
equipment
in
1991,
as
directed
by
the
Clean
Air
Act,
section
213(
a)
(
42
U.
S.
C.
7547(
a)).
Based
on
the
results
of
that
study,
we
determined
that
emissions
of
oxides
of
nitrogen
(
NOX),
volatile
organic
compounds,
and
CO
from
nonroad
engines
and
equipment
contribute
significantly
to
ozone
and
CO
concentrations
in
more
than
one
nonattainment
area
(
59
FR
31306,
June
17,
1994).
Given
this
determination,
section
213(
a)(
3)
of
the
Act
requires
us
to
establish
(
and
from
time
to
time
revise)
emission
standards
for
those
classes
or
categories
of
new
nonroad
engines,
vehicles,
and
equipment
that
in
our
judgment
cause
or
contribute
to
such
air
pollution.
We
have
determined
that
the
engines
covered
by
this
final
rule
cause
or
contribute
to
such
air
pollution
(
see
the
final
finding
for
recreational
vehicles
and
nonroad
spark­
ignition
engines
over
19
kW
published
on
December
7,
2000
(
65
FR
76790),
the
final
rule
for
marine
diesel
engines
published
on
December
29,
1999
(
64
FR
73301)
2,
Section
II
of
the
preamble
to
the
proposed
rule
(
66
FR
51098,
October
5,
2001),
this
preamble,
and
the
Final
Regulatory
Support
Document).
Where
we
determine
that
other
emissions
from
new
nonroad
engines,
vehicles,
or
equipment
significantly
contribute
to
air
pollution
that
may
reasonably
be
anticipated
to
endanger
public
health
or
welfare,
section
213(
a)(
4)
of
the
Act
authorizes
EPA
to
establish
(
and
from
time
to
time
revise)
emission
standards
from
those
classes
or
categories
of
new
nonroad
engines,
vehicles,
and
equipment
that
cause
or
contribute
to
such
air
pollution.
Pursuant
to
section
213(
a)(
4)
of
the
Act,
we
are
finalizing
a
finding
that
emissions
from
new
nonroad
engines,
including
construction
equipment,
farm
tractors,
boats,
locomotives,
marine
engines,
nonroad
spark­
ignition
engines
over
19
kW,
recreational
vehicles
(
including
off­
highway
motorcycles,
allterrain
vehicles,
and
snowmobiles),
significantly
contribute
to
regional
haze
and
visibility
impairment
in
federal
Class
I
areas
and
where
people
live,
work
and
recreate.
These
engines,
particularly
recreational
vehicles
such
as
snowmobiles,
are
significant
emitters
of
pollutants
that
are
known
to
impair
visibility
in
federal
Class
I
areas
(
see
Section
I.
E
of
this
preamble
and
the
Final
Regulatory
Support
Document).
We
have
also
determined
that
engines
covered
by
this
final
rule,
particularly
recreational
vehicles
including
snowmobiles,
contribute
to
such
pollution.
Thus,
we
are
finalizing
HC
standards
for
snowmobiles
to
reduce
PM­
related
visibility
impairment.

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8,
2002
/
Rules
and
Regulations
3
For
this
final
rule,
we
consider
the
United
States
to
include
the
States,
the
District
of
Columbia,
the
Commonwealth
of
Puerto
Rico,
the
Commonwealth
of
the
Northern
Mariana
Islands,
Guam,
American
Samoa,
the
U.
S.
Virgin
Islands,
and
the
Trust
Territory
of
the
Pacific
Islands.
B.
How
Is
This
Document
Organized?

This
final
rule
covers
engines
and
vehicles
that
vary
in
design
and
use,
and
many
readers
may
be
interested
in
only
one
or
two
of
the
applications.
We
have
grouped
engines
by
common
application
(
for
example,
recreational
land­
based
engines,
marine
diesel
recreational
engines,
large
sparkignition
engines
used
in
commercial
applications).
This
document
is
organized
in
a
way
that
allows
each
reader
to
focus
on
the
applications
of
particular
interest.
Section
II
describes
general
provisions
that
are
relevant
to
all
of
the
nonroad
engines
covered
by
this
rulemaking.
Section
III
through
VI
present
information
specific
to
each
of
the
affected
nonroad
applications,
including
standards,
effective
dates,
testing
information,
and
other
specific
requirements.
Sections
VII
and
VIII
describe
a
wide
range
of
compliance
and
testing
provisions
that
apply
generally
to
engines
and
vehicles
from
all
the
nonroad
engine
and
vehicle
categories
included
in
this
rulemaking.
Several
of
these
provisions
apply
not
only
to
manufacturers,
but
also
to
equipment
manufacturers
installing
certified
engines,
remanufacturing
facilities,
operators,
and
others.
Therefore,
all
affected
parties
should
read
the
information
contained
in
these
sections.
Section
IX
summarizes
the
projected
impacts
and
a
discussion
of
the
benefits
of
this
rule.
Finally,
Sections
X
and
XI
contain
information
about
public
participation
and
various
administrative
requirements.
The
remainder
of
this
section
summarizes
the
new
requirements
and
the
air
quality
need
for
the
rulemaking.

C.
What
Categories
of
Vehicles
and
Engines
Are
Covered
in
This
Final
Rule?

This
final
rule
establishes
regulatory
programs
for
new
nonroad
vehicles
and
engines
not
yet
subject
to
EPA
emission
standards,
including
the
following
engines:
 
Land­
based
spark­
ignition
recreational
engines,
including
those
used
in
snowmobiles,
off­
highway
motorcycles,
and
all­
terrain
vehicles.
For
the
purpose
of
this
rule,
we
are
calling
this
group
of
engines
``
recreational
vehicles,''
even
though
allterrain
vehicles
can
be
used
for
commercial
purposes.
 
Land­
based
spark­
ignition
engines
rated
over
19
kW,
including
engines
used
in
forklifts,
generators,
airport
baggage
tow
trucks,
and
various
farm,
construction,
and
industrial
equipment.
This
category
also
includes
auxiliary
marine
engines,
but
does
not
include
propulsion
marine
engines
or
engines
used
in
recreational
vehicles.
For
purposes
of
this
rule,
we
refer
to
this
category
as
``
Large
SI
engines.''
 
Recreational
marine
diesel
engines.
This
final
rule
covers
new
engines
that
are
used
in
the
United
States,
whether
they
are
made
domestically
or
imported.
3
A
more
detailed
discussion
of
the
meaning
of
the
terms
``
new''
and
``
imported''
that
help
define
the
scope
of
application
of
this
rule
is
in
Section
II
of
this
preamble.

D.
What
Requirements
Are
We
Adopting?
The
fundamental
requirement
for
nonroad
engines
and
vehicles
is
meeting
EPA's
emission
standards.
Section
213(
a)(
3)
of
the
Act
requires
that
standards
to
control
emissions
related
to
ozone
or
CO
achieve
the
greatest
degree
of
emission
reduction
achievable
through
the
application
of
technology
that
will
be
available,
giving
appropriate
consideration
to
cost,
noise,
energy,
and
safety
factors.
Section
213
(
a)(
4)
of
the
Act
requires
that
standards
for
emissions
related
to
other
air
pollution
problems
be
appropriate
and
take
into
account
costs,
noise,
safety,
and
energy
impacts
of
applying
technology
that
will
be
available.
Other
requirements
such
as
applying
for
certification,
labeling
engines,
and
meeting
warranty
requirements
define
a
process
for
implementing
the
program
in
an
effective
way.
With
regard
to
Large
SI
engines,
we
are
adopting
a
two­
phase
program.
The
first
phase
of
the
standards
go
into
effect
in
2004
and
are
the
same
as
those
adopted
in
October
1998
by
the
California
Air
Resources
Board
for
2004.
These
standards
will
reduce
combined
HC
and
NOX
emissions
by
nearly
75
percent,
based
on
emission
measurements
during
steady­
state
operation.
In
2007,
we
supplement
these
standards
by
setting
limits
that
will
require
optimizing
the
same
technologies
and
will
base
emission
measurements
on
a
transient
test
cycle.
New
requirements
for
evaporative
emissions
and
engine
diagnostics
also
start
in
2007.
For
recreational
vehicles,
we
are
adopting
separate
emission
standards
for
snowmobiles,
off­
highway
motorcycles,
and
all­
terrain
vehicles.
For
snowmobiles,
we
are
adopting
a
first
phase
of
standards
for
HC
and
CO
emissions
based
on
a
mixture
of
technologies
ranging
from
clean
carburetion
and
engine
modifications
to
direct
fuel
injection
two­
stroke
technology
and
some
conversion
to
four­
stroke
engines,
and
second
and
third
phases
of
emission
standards
for
snowmobiles
that
will
involve
significant
use
of
direct
fuel
injection
two­
stroke
technology
and
conversion
to
four­
stroke
engines.
For
off
highway
motorcycles
and
all­
terrain
vehicles,
we
are
adopting
standards
based
mainly
on
moving
these
engines
from
two­
stroke
to
four­
stroke
technology
with
the
use
of
some
secondary
air
injection.
We
are
also
adopting
requirements
to
address
permeation
emissions
from
all
three
types
of
recreational
vehicles.
The
emission
standards
for
recreational
marine
diesel
engines
are
comparable
to
those
already
established
for
commercial
marine
diesel
engines.
Manufacturers
generally
have
additional
time
to
meet
emission
standards
for
the
recreational
models
and
several
specific
rulemaking
provisions
are
tailored
to
the
unique
characteristics
of
these
engines.
We
are
also
adopting
more
stringent
voluntary
Blue
Sky
Series
emission
standards
for
recreational
marine
diesel
engines
and
Large
SI
engines.
Blue
Sky
Series
emission
standards
are
more
stringent
than
the
mandatory
emission
standards
and
are
intended
to
encourage
the
introduction
and
more
widespread
use
of
low­
emission
technologies.
Manufacturers
may
be
motivated
to
exceed
emission
requirements
either
to
gain
early
experience
with
certain
technologies
or
as
a
response
to
market
demand
or
local
government
programs.
For
recreational
vehicles,
we
are
not
adopting
voluntary
standards
but
rather
providing
consumers
with
consumer
labeling,
which
will
provide
information
and
opportunity
to
buy
lower­
emissions
models.
We
have
also
conducted
extensive
analysis
on
the
costs
and
benefits
of
this
rulemaking
effort,
with
specific
details
found
in
Section
IX
below
and
in
the
Final
Regulatory
Support
Document.
In
summary,
we
estimate
that
annually,
the
cost
to
manufacturers
is
approximately
$
210
million,
the
social
gain
is
approximately
$
550
million,
and
the
quantified
benefits
are
approximately
$
8
billion.
Social
gain
is
defined
as
the
economic
cost
of
the
rule
minus
the
estimated
fuels
savings.
Quantified
benefits
reflect
the
health
benefits
primarily
associated
with
particulate
matter
controls.

E.
Why
Is
EPA
Taking
This
Action?
There
are
important
public
health
and
welfare
reasons
supporting
the
new
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4
U.
S.
EPA
Review
of
the
National
Ambient
Air
Quality
Standards
for
Ozone:
Policy
Assessment
of
Scientific
and
Technical
Information
OAQPS
Staff
Paper.
EPA
 
452/
R
 
96
 
007.
June
1996.
A
copy
of
this
document
can
be
found
in
Docket
A
 
99
 
06,
Document
II
 
A
 
22.
5
U.
S.
EPA
Review
of
the
National
Ambient
Air
Quality
Standards
for
Particulate
Matter:
Policy
Assessment
of
Scientific
and
Technical
Information
OAQPS
Staff
Paper.
EPA
 
452/
R
 
96
 
013.
1996.
Docket
Number
A
 
99
 
06,
Documents
Nos.
II
 
A
 
18,
19,
20,
and
23.
The
particulate
matter
air
quality
criteria
documents
are
also
available
at
http://
www.
epa.
gov/
ncea/
partmatt.
htm.
emission
standards.
As
described
below
and
in
the
Final
Regulatory
Support
Document,
these
engines
contribute
to
air
pollution
that
causes
public
health
and
welfare
problems.
Nationwide,
these
engines
and
vehicles
are
a
significant
source
of
mobile
source
air
pollution.
As
described
below,
of
all
mobile
source
emissions
in
2000
they
accounted
for
about
9
percent
of
HC
emissions,
4
percent
of
CO
emissions,
3
percent
of
NOX
emissions,
and
2
percent
of
direct
PM
emissions.
The
emissions
from
Large
SI
engines
contributed
2
to
3
percent
of
the
HC,
NOX,
and
CO
emissions
from
mobile
sources
in
2000.
Recreational
vehicles
by
themselves
account
for
about
6
percent
of
national
mobile
source
HC
emissions
and
about
2
percent
of
national
mobile
source
CO
emissions.
By
reducing
these
emissions,
the
standards
will
aid
states
facing
ozone
and
CO
air
quality
problems,
which
can
cause
a
range
of
adverse
health
effects,
especially
in
terms
of
respiratory
disease
and
related
illnesses.
The
engine
categories
subject
to
this
rule
contribute
to
regional
haze
and
visibility
impairment
in
Class
I
areas
and
near
where
people
live,
work
and
recreate.
Within
national
parks,
emissions
from
snowmobiles
in
particular
contribute
to
ambient
concentrations
of
fine
PM,
a
leading
cause
of
visibility
impairment.
States
are
required
to
develop
plans
to
address
visibility
impairment
in
national
parks,
and
the
reductions
required
in
this
rule
would
assist
states
in
those
efforts.
The
standards
will
also
help
reduce
acute
exposure
to
CO
and
air
toxics
for
forklift
operators,
equipment
users
or
riders,
national
and
state
park
attendants,
and
other
people
who
may
be
at
particular
risk
because
they
operate
or
work
or
are
otherwise
in
close
proximity
to
this
equipment
due
to
their
occupation
or
as
riders.
Emissions
from
these
vehicles
and
equipment
can
be
very
high
on
a
perengine
basis.
In
addition,
the
equipment
using
these
engines
(
especially
forklifts)
is
often
operated
in
enclosed
areas.
Similarly,
exposure
to
CO
and
air
toxics
can
be
intensified
for
snowmobile
riders
who
follow
a
group
of
other
riders
along
a
trail,
since
those
riders
are
exposed
to
the
emissions
of
all
the
other
snowmobiles
riding
ahead.
When
the
emission
standards
are
fully
implemented
in
2030,
we
expect
a
75­
percent
reduction
in
HC
emissions,
82­
percent
reduction
in
NOX
emissions,
and
61­
percent
reduction
in
CO
emissions,
and
a
60­
percent
reduction
in
direct
PM
emissions
from
these
engines,
equipment,
and
vehicles
(
see
Section
IX
below).
These
emission
reductions
will
reduce
ambient
concentrations
of
CO,
ozone,
and
PM
fine;
fine
particles
are
a
public
health
concern
and
contributes
to
visibility
impairment.
The
standards
will
also
reduce
exposure
for
people
who
operate
or
who
work
with
or
are
otherwise
in
close
proximity
to
these
engines
and
vehicles.
We
believe
technology
can
be
applied
to
these
engines
that
will
reduce
emissions
of
these
harmful
pollutants.
Manufacturers
can
reduce
two­
stroke
engine
emissions
by
improving
fuel
management
and
calibration.
This
can
be
achieved
by
making
improvements
to
carbureted
fuel
systems
and/
or
converting
to
electronic
and
direct
fuel
injection.
In
addition,
many
of
the
existing
two­
stroke
engines
in
these
categories
can
be
converted
to
fourstroke
technology.
Finally,
there
are
modifications
that
can
be
made
to
fourstroke
engines,
often
short
of
requiring
catalysts,
that
can
reduce
emissions
even
further.

1.
Health
and
Welfare
Effects
Exposure
to
CO,
ground­
level
ozone,
and
PM
can
cause
serious
respiratory
problems,
including
premature
mortality
and
respiratory
problems.
Fine
PM
has
also
been
associated
with
cardiovascular
problems,
such
as
heart
rate
variability
and
fibrinogen
(
a
blood
clotting
factor)
levels,
and
hospital
admissions
and
mortality
related
to
cardiovascular
diseases.
These
emissions
also
contribute
to
other
serious
environmental
problems,
including
visibility
impairment
and
ecosystem
damage.
In
addition,
some
of
the
HC
pollutants
emitted
by
these
engines
are
air
toxics.
(
The
health
and
welfare
effects
are
described
in
more
detail
in
the
Final
Regulatory
Support
Document.)
CO
enters
the
bloodstream
through
the
lungs
and
reduces
the
delivery
of
oxygen
to
the
body's
organs
and
tissues.
The
health
threat
from
CO
is
most
serious
for
those
who
suffer
from
cardiovascular
disease,
particularly
those
with
angina
or
peripheral
vascular
disease.
Healthy
individuals
also
are
affected,
but
only
at
higher
CO
levels.
Exposure
to
elevated
CO
levels
is
associated
with
impairment
of
visual
perception,
work
capacity,
manual
dexterity,
learning
ability
and
performance
of
complex
tasks.
Exposures
to
ozone
has
been
linked
to
increased
hospital
admissions
and
emergency
room
visits
for
respiratory
problems.
4
Repeated
exposure
to
ozone
can
increase
susceptibility
to
respiratory
infection
and
lung
inflammation.
It
can
aggravate
preexisting
respiratory
diseases,
such
as
asthma.
Prolonged
(
6
to
8
hours),
repeated
exposure
to
ozone
can
cause
inflammation
of
the
lung,
impairment
of
lung
defense
mechanisms,
and
possibly
irreversible
changes
in
lung
structure,
which
over
time
could
lead
to
premature
aging
of
the
lungs
and/
or
chronic
respiratory
illnesses
such
as
emphysema
and
chronic
bronchitis.
Children,
the
elderly,
asthmatics
and
outdoor
workers
are
most
at
risk
from
ozone
exposure.
Evidence
also
exists
of
a
possible
relationship
between
daily
increases
in
ozone
levels
and
increases
in
daily
mortality
levels.
In
addition
to
human
health
effects,
ozone
adversely
affects
crop
yield,
vegetation
and
forest
growth,
and
the
durability
of
materials.
PM,
like
ozone,
has
been
linked
to
a
range
of
serious
respiratory
health
problems.
5
The
key
health
effects
associated
with
ambient
particulate
matter
include
premature
mortality,
aggravation
of
respiratory
and
cardiovascular
disease
(
as
indicated
by
increased
hospital
admissions
and
emergency
room
visits,
school
absences,
work
loss
days,
and
restricted
activity
days),
aggravated
asthma,
acute
respiratory
symptoms,
including
aggravated
coughing
and
difficult
or
painful
breathing,
chronic
bronchitis,
and
decreased
lung
function
that
can
be
experienced
as
shortness
of
breath.
Observable
human
non­
cancer
health
effects
associated
with
exposure
to
diesel
PM
include
some
of
the
same
health
effects
reported
for
ambient
PM
such
as
respiratory
symptoms
(
cough,
labored
breathing,
chest
tightness,
wheezing),
and
chronic
respiratory
disease
(
cough,
phlegm,
chronic
bronchitis
and
suggestive
evidence
for
decreases
in
pulmonary
function).
Symptoms
of
immunological
effects
such
as
wheezing
and
increased
allergenicity
are
also
seen.
PM
also
causes
adverse
impacts
to
the
environment.
Fine
PM
is
the
major
cause
of
reduced
visibility
in
parts
of
the
United
States,
including
many
of
our
national
parks
and
in
places
where
people
live
and
work.
Visibility
effects
are
manifest
in
two
principal
ways:
(
1)
as
local
impairment
(
for
example,

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localized
hazes
and
plumes)
and
(
2)
as
regional
haze.
The
emissions
from
engines
covered
by
this
rule
can
contribute
to
both
types
of
visibility
impairment.
The
engines
covered
by
this
rule
also
emit
air
toxics
that
are
known
or
suspected
human
or
animal
carcinogens,
or
have
serious
non­
cancer
health
effects.
These
include
benzene,
1,3­
butadiene,
formaldehyde,
acetaldehyde,
and
acrolein.

2.
What
Is
the
Inventory
Contribution
From
the
Nonroad
Engines
and
Vehicles
That
Would
Be
Subject
to
This
Rule?
The
contribution
of
emissions
from
the
nonroad
engines
and
vehicles
that
will
be
subject
to
this
final
rule
to
the
national
inventories
of
pollutants
is
considerable.
To
estimate
nonroad
engine
and
vehicle
emission
contributions,
we
used
the
latest
version
of
our
NONROAD
emissions
model,
updated
with
information
received
during
the
public
comment
period.
This
model
computes
nationwide,
state,
and
county
emission
levels
for
a
wide
variety
of
nonroad
engines,
and
uses
information
on
emission
rates,
operating
data,
and
population
to
determine
annual
emission
levels
of
various
pollutants.
A
more
detailed
description
of
the
model
and
our
estimation
methodology
can
be
found
in
the
Chapter
6
of
the
Final
Regulatory
Support
Document.
Baseline
emission
inventory
estimates
for
the
year
2000
for
the
categories
of
engines
and
vehicles
covered
by
this
rule
are
summarized
in
Table
I.
E
 
1.
This
table
shows
the
relative
contributions
of
the
different
mobile
source
categories
to
the
overall
national
mobile
source
inventory.
Of
the
total
emissions
from
mobile
sources,
the
categories
of
engines
and
vehicles
covered
by
this
rule
contribute
about
9
percent,
3
percent,
4
percent,
and
2
percent
of
HC,
NOX,
CO,
and
PM
emissions,
respectively,
in
the
year
2000.
The
results
for
Large
SI
engines
indicate
they
contribute
approximately
2
to
3
percent
to
HC,
NOX,
and
CO
emissions
from
mobile
sources.
The
results
for
land­
based
recreational
engines
reflect
the
impact
of
the
significantly
different
emissions
characteristics
of
two­
stroke
engines.
These
engines
are
estimated
to
contribute
about
6
percent
of
HC
emissions
and
2
percent
of
CO
from
mobile
sources.
Recreational
marine
diesel
engines
contribute
less
than
1
percent
to
NOX
mobile
source
inventories.
When
only
nonroad
emissions
are
considered,
the
engines
and
vehicles
that
will
be
subject
to
the
standards
account
for
a
larger
share.
Our
draft
emission
projections
for
2020
and
2030
for
the
nonroad
engines
and
vehicles
subject
to
this
rule
show
that
emissions
from
these
categories
are
expected
to
increase
over
time
if
left
uncontrolled.
The
projections
for
2020
and
2030
are
summarized
in
Tables
I.
E
 
2
and
I.
E
 
3,
respectively.
The
projections
for
2020
and
2030
indicate
that
the
categories
of
engines
and
vehicles
covered
by
this
rule
are
expected
to
contribute
approximately
25
percent,
10
percent,
5
percent,
and
5
percent
of
mobile
source
HC,
NOX,
CO,
and
PM
emissions,
respectively,
if
left
uncontrolled.
Engine
population
growth
and
the
effects
of
other
regulatory
control
programs
are
factored
into
these
projections.
The
relative
importance
of
uncontrolled
nonroad
engines
in
2020
and
2030
is
higher
than
the
projections
for
2000
because
there
are
already
emission­
control
programs
in
place
for
the
other
categories
of
mobile
sources
which
are
expected
to
reduce
their
emission
levels.
The
effectiveness
of
all
control
programs
is
offset
by
the
anticipated
growth
in
engine
populations.
Regarding
PM
specifically,
this
information
and
information
in
Section
I.
3(
ii)
below
show
that
the
engines
being
regulated
in
this
rule,
snowmobiles
and
other
recreational
vehicles
in
particular,
contribute
to
PM
concentrations
that
may
reasonably
be
anticipated
to
endanger
public
health
and
welfare
both
because
of
the
health
effects
associated
with
PM
and
because
of
the
effects
on
visibility
discussed
below.

TABLE
I.
E
 
1.
 
MODELED
ANNUAL
EMISSION
LEVELS
FOR
MOBILE
SOURCE
CATEGORIES
IN
2000
[
Thousand
short
tons]

Category
NOX
HC
CO
PM
1000
tons
Percent
of
mobile
source
1000
tons
Percent
of
mobile
source
1000
tons
Percent
of
mobile
source
1000
tons
Percent
of
mobile
source
Total
for
engines
subject
to
this
final
rule
*
......
351
2.6
645
8.8
2,860
3.8
14.6
2.1
Highway
Motorcycles
.......................................
8
0.1
84
1.2
331
0.4
0.4
0.1
Nonroad
Industrial
SI
>
19
kW*
........................
308
2.3
226
3.1
1,734
2.3
1.6
0.2
Recreational
SI*
...............................................
5
0.0
418
5.7
1,120
1.5
12.0
1.7
Recreational
Marine
Diesel*
............................
38
0.3
1
0.0
6
0.0
1
0.1
Marine
SI
Evap
................................................
0
0.0
100
1.4
0
0.0
0
0.0
Marine
SI
Exhaust
...........................................
32
0.2
708
9.7
2,144
2.8
38
5.4
Nonroad
SI
<
19
kW
.........................................
106
0.8
1,460
20.0
18,359
24.3
50
7.1
Nonroad
diesel
.................................................
2,625
19.5
316
4.3
1,217
1.6
253
35.9
Commercial
Marine
Diesel
...............................
963
7.2
30
0.4
127
0.2
41
5.8
Locomotive
.......................................................
1,192
8.9
47
0.6
119
0.2
30
4.3
Total
Nonroad
..................................................
5,269
39
3,305
45
24,826
33
427
60
Total
Highway
..................................................
7,981
59
3,811
52
49,813
66
240
34
Aircraft
..............................................................
178
1
183
3
1,017
1
39
6
Total
Mobile
Sources
.......................................
13,428
100
7,300
100
75,656
100
706
100
Total
Man­
Made
Sources
................................
24,532
................
18,246
................
97,735
................
3,102
................

Mobile
Source
percent
of
Total
Man­
Made
Sources
........................................................
55
................
40
................
77
................
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Regulations
TABLE
I.
E
 
2.
 
MODELED
ANNUAL
BASELINE
EMISSION
LEVELS
FOR
MOBILE
SOURCE
CATEGORIES
IN
2020
[
thousand
short
tons]

Category
NOX
HC
CO
PM
1000
tons
Percent
of
mobile
source
1000
tons
Percent
of
mobile
source
1000
tons
Percent
of
mobile
source
1000
tons
Percent
of
mobile
source
Total
for
engines
subject
to
this
final
rule*
......
547
8.8
1,305
24.1
4,866
5.6
34.1
5.2
Highway
Motorcycles
.......................................
14
0.2
142
2.6
572
0.7
0.8
0.1
Nonroad
Industrial
SI
>
19
kW*
.......................
472
7.6
318
5.9
2,336
2.7
2.3
0.4
Recreational
SI*
...............................................
14
0.2
985
18.2
2,521
2.9
30.2
4.6
Recreational
Marine
Diesel*
............................
61
1.0
2
0.0
9
0.0
1.6
0.2
Marine
SI
Evap
................................................
0
0.0
114
2.1
0
0.0
0
0.0
Marine
SI
Exhaust
...........................................
58
0.9
284
5.2
1,985
2.3
28
4.3
Nonroad
SI
<
19
Kw
........................................
106
1.7
986
18.2
27,352
31.7
77
11.8
Nonroad
Diesel
................................................
1,791
28.8
142
2.6
1,462
1.7
261
40.0
Commercial
Marine
Diesel
...............................
819
13.2
35
0.6
160
0.2
46
7.0
Locomotive
.......................................................
611
9.8
35
0.6
119
0.1
21
3.2
Total
Nonroad
..................................................
3,932
63
2,901
54
35,944
42
467
71
Total
Highway
..................................................
2,050
33
2,276
42
48,906
56
145
22
Aircraft
..............................................................
232
4
238
4
1,387
2
43
7
Total
Mobile
Sources
.......................................
6,214
100
5,415
100
86,237
100
655
100
Total
Man­
Made
Sources
................................
16,190
................
15,475
................
109,905
................
3,039
................

Mobile
Source
percent
of
Total
Man­
Made
Sources
........................................................
38
................
35
................
79
................
22
................

TABLE
I.
E
 
3.
 
MODELED
ANNUAL
EMISSION
LEVELS
FOR
MOBILE
SOURCE
CATEGORIES
IN
2030
[
Thousand
short
tons]

Category
NOX
HC
CO
PM
1000
tons
Percent
of
mobile
source
1000
tons
Percent
of
mobile
source
1000
tons
Percent
of
mobile
source
1000
tons
Percent
of
mobile
source
Total
for
engines
subject
to
this
final
rule*
......
640
10.0
1,411
23.5
5,363
5.4
36.5
4.8
Highway
Motorcycles
.......................................
17
0.3
172
2.9
693
0.7
1.0
0.1
Nonroad
Industrial
SI
>
19
kW*
.......................
553
8.6
371
6.2
2,703
2.7
2.7
0.4
Recreational
SI*
...............................................
15
0.2
1,038
17.3
2,649
2.7
31.9
4.2
Recreational
Marine
Diesel*
............................
72
1.1
2
0.0
11
0.0
1.9
0.3
Marine
SI
Evap
................................................
0
0.0
122
2.0
0
0.0
0
0.0
Marine
SI
Exhaust
...........................................
64
1.0
269
4.5
2,083
2.1
29
3.8
Nonroad
SI
<
19
kW
........................................
126
2.0
1,200
20.0
32,310
32.4
93
12.3
Nonroad
Diesel
................................................
1,994
31.0
158
2.6
1,727
1.7
306
40.4
Commercial
Marine
Diesel
...............................
1,166
18.1
52
0.9
198
0.2
74
9.8
Locomotive
.......................................................
531
8.3
30
0.5
119
0.1
18
2.4
Total
Nonroad
..................................................
4,521
70
3,242
54
41,800
42
557
74
Total
Highway
..................................................
1,648
26
2,496
42
56,303
56
158
21
Aircraft
..............................................................
262
4
262
4
1,502
2
43
6
Total
Mobile
Sources
.......................................
6,431
100
6,000
100
99,605
100
758
100
Total
Man­
Made
Sources
................................
16,639
 
17,020
 
123,983
 
3,319
 
Mobile
Source
percent
of
Total
Man­
Made
Sources
........................................................
39
 
35
 
80
 
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Regulations
6
Likewise,
Large
SI
equipment
and
recreational
marine
diesel
engines
also
contribute
to
CO
in
nonattainment
areas.
7
There
are
important
reasons
to
focus
on
redesignation
status,
as
compared
to
just
current
air
quality.
Areas
with
a
few
years
of
attainment
data
can
and
often
do
have
exceedances
following
such
years
of
attainment
because
of
several
factors
including
different
climatic
events
during
the
later
years,
increases
in
inventories,
etc.
Control
of
emissions
from
nonroad
engines
can
help
to
avoid
potential
future
air
quality
problems.

8
Draft
Anchorage
Carbon
Monoxide
Emission
Inventory
and
Year
2000
Attainment
Projections,
Air
Quality
Program,
May
2001,
Docket
Number
A
 
2000
 
01,
Document
II
 
A
 
40;
Draft
Fairbanks
1995
 
2001
Carbon
Monoxide
Emissions
Inventory,
June
1,
2001,
Docket
Number
A
 
2000
 
01,
Document
II
 
A
 
39.
9
National
Research
Council.
The
Ongoing
Challenge
of
Managing
Carbon
Monoxide
Pollution
in
Fairbanks,
AK.
May
2002.
Docket
A
 
2000
 
01,
Document
No.
IV
 
A
 
115.

10
National
Research
Council.
The
Ongoing
Challenge
of
Managing
Carbon
Monoxide
Pollution
in
Fairbanks,
AK.
May
2002.
Docket
A
 
2000
 
01,
Document
IV
 
A
 
115.
3.
Why
are
Controls
to
Protect
against
CO
Nonattainment
and
to
Protect
Visibility
Needed
From
the
Nonroad
Engines
and
Vehicles
That
Would
Be
Subject
to
This
Rule?
i.
Why
are
We
Controlling
CO
Emissions
from
Nonroad
Engines
and
Vehicles
that
Would
be
Subject
to
this
Rule?
Engines
subject
to
this
rule
contributed
about
3.8
percent
of
CO
from
mobile
sources
in
2000.
Over
22.4
million
people
currently
live
in
the
13
nonattainment
areas
for
the
CO
National
Ambient
Air
Quality
Standard
(
NAAQS).
Industry
association
comments
questioned
the
need
for
CO
control
and
snowmobile
contribution,
in
particular.
First,
the
statute
envisions
that
categories
should
be
considered
in
determining
contribution
because
otherwise,
it
would
be
possible
to
continue
to
arbitrarily
divide
subcategories
until
the
contribution
from
any
subcategory
becomes
minimal
while
the
cumulative
effect
of
the
air
pollution
remains.
EPA
previously
determined
that
the
category
of
Large
SI
engines
and
recreational
vehicles
cause
or
contribute
to
ambient
CO
and
ozone
in
more
than
one
nonattainment
area
(
65
FR
76790,
December
7,
2000).
EPA
also
examined
recreational
vehicles
separately
and
found
that
recreational
vehicles
subject
to
this
rule
contribute
to
CO
nonattainment
in
areas
such
as
Los
Angeles,
Phoenix,
Anchorage,
and
Las
Vegas
(
see
RSD
chapter
2).
Thus,
if
considered
as
a
category,
recreational
vehicles
contribute
to
CO
nonattainment.
6
Moreover,
when
we
examined
snowmobiles
separately,
they
met
the
contribution
criteria.
The
International
Snowmobile
Manufacturers
Association
(
ISMA)
stated
in
its
public
comments
that
snowmobiles
in
particular
are
not
operated
in
many
of
the
CO
nonattainment
areas
because
of
lack
of
snow
(
although
they
may
be
stored
in
those
areas).
The
commenters
also
contended
that
northern
areas
have
experienced
improved
CO
air
quality.
Many
areas
are
making
progress
in
improving
their
air
quality.
However,
an
area
cannot
be
redesignated
to
attainment
until
it
can
show
EPA
that
it
has
had
air
quality
levels
within
the
level
required
for
attainment
and
that
it
has
a
plan
in
place
to
maintain
such
levels.
Until
areas
have
been
redesignated,
they
remain
nonattainment
areas.
7
Snowmobiles
contribute
to
CO
nonattainment
in
more
than
one
of
these
areas.
Snowmobiles
have
relatively
high
per­
engine
CO
emissions,
and
they
can
be
a
significant
source
of
ambient
CO
levels
in
CO
nonattainment
areas.
Despite
the
fact
that
snowmobiles
are
largely
banned
in
CO
nonattainment
areas
by
the
state
of
Alaska,
the
state
estimated
(
and
a
National
Research
Council
study
confirmed)
that
snowmobiles
contributed
0.3
tons/
day
in
2001
to
Fairbanks'
CO
nonattainment
area
or
1.2
percent
of
a
total
inventory
of
23.3
tons
per
day
in
2001.8,9
While
Fairbanks
has
made
significant
progress
in
reducing
ambient
CO
concentrations,
existing
climate
conditions
make
achieving
and
maintaining
attainment
challenging.
Anchorage,
AK,
reports
a
similar
contribution
of
snowmobiles
to
their
emissions
inventories
(
0.34
tons
per
day
in
2000).
Furthermore,
a
recent
National
Academy
of
Sciences
report
concludes
that
``
Fairbanks
will
be
susceptible
to
violating
the
CO
health
standards
for
many
years
because
of
its
severe
meteorological
conditions.
That
point
is
underscored
by
a
December
2001
exceedance
of
the
standard
in
Anchorage
which
had
no
violations
over
the
last
3
years.''
10
ISMA
commented
that
it
agreed
with
EPA
that
there
is
a
snowmobile
trail
within
the
Spokane,
WA,
CO
nonattainment
area,
although
they
noted
that
snowmobile
operation
alone
would
not
result
in
CO
nonattainment.
However,
emissions
from
regulated
categories
need
only
contribute
to,
not
themselves
cause,
nonattainment.
Concentrations
of
NAAQS­
related
pollutants
are
by
definition
a
result
of
multiple
sources
of
pollution.
Several
states
that
contain
CO
nonattainment
areas
also
have
large
populations
of
registered
snowmobiles
and
nearby
snowmobile
trails
in
adjoining
counties,
which
are
an
indication
of
where
they
are
operated
(
see
Table
I.
E
 
4).
EPA
requested
comment
on
the
volume
and
nature
of
snowmobile
use
in
these
and
other
CO
nonattainment
areas.
ISMA
commented
on
the
proximity
of
trails
to
northern
CO
nonattainment
areas,
assuming
that
snowmobiles
are
operated
only
on
trails.
A
search
of
the
available
literature
indicates
that
snowmobiles
are
ridden
in
areas
other
than
trails.
For
example,
a
1998
report
by
the
Michigan
Department
of
Natural
Resources
indicates
that
from
1993
to
1997,
of
the
146
snowmobile
fatalities
studied,
46
percent
occurred
on
a
state
or
county
roadway
(
another
2
percent
on
roadway
shoulders)
and
27
percent
occurred
on
private
lands.
Furthermore,
accident
reports
in
CO
nonattainment
area
Fairbanks,
AK,
demonstrate
that
snowmobiles
driven
on
streets
have
collided
with
motor
vehicles.
On
certain
days
there
may
be
concentrations
of
snowmobiles
operated
in
nonattainment
areas
due
to
public
events
such
as
snowmachine
races
(
such
as
the
Iron
Dog
Gold
Rush
Classic,
which
finishes
in
Fairbanks,
AK),
during
which
snowmobiles
will
be
present
and
operated.

TABLE
I.
E
 
4.
 
SNOWMOBILE
USE
IN
SELECTED
CO
NONATTAINMENT
AREAS
City
and
state
CO
nonattainment
classification
2001
State
snowmobile
populationa
Anchorage,
AK
Fairbanks,
AK
...........................................................................................
Serious
...................................................................
b
35576
Spokane,
WA
............................................................................................
Serious
...................................................................
31532
Fort
Collins,
CO
........................................................................................
Moderate
................................................................
32500
Medford,
OR
.............................................................................................
Moderate
................................................................
16809
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/
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67,
No.
217
/
Friday,
November
8,
2002
/
Rules
and
Regulations
11
Technical
Memorandum
to
Docket
A
 
2000
 
01
from
Drew
Kodjak,
Attorney­
Advisor,
Office
of
Transportation
and
Air
Quality,
``
Air
Quality
Information
for
Selected
CO
Nonattainment
Areas,''
July
27,
2001,
Docket
Number
A
 
2000
 
01,
Document
Number
II
 
B
 
18.
12
Air
Quality
Criteria
for
Carbon
Monoxide,
U.
S.
EPA,
EPA
600/
P
 
99/
001F,
June
2000,
at
3
 
38,
Figure
3
 
32
(
Federal
Bldg,
AIRS
Site
020900002).
Air
Docket
A
 
2000
 
01,
Document
Number
II
 
A
 
29.
This
document
is
also
available
at
http://
www.
epa.
gov/
ncea/
coabstract.
htm.
13
National
Research
Council,
1993.
Protecting
Visibility
in
National
Parks
and
Wilderness
Areas.
National
Academy
of
Sciences
Committee
on
Haze
in
National
Parks
and
Wilderness
Areas.
National
Academy
Press,
Washington,
DC.
This
document
is
available
on
the
internet
at
http://
www.
nap.
edu/
books/
0309048443/
html/.
See
also
U.
S.
EPA
Air
Quality
Criteria
Document
for
Particulate
Matter
(
1996)
and
Review
of
the
National
Ambient
Air
Quality
Standards
for
Particulate
Matter:
Policy
Assessment
of
Scientific
and
Technical
Information.
These
documents
can
be
found
in
Docket
A
 
99
 
06,
Documents
No.
II
 
A
 
23
and
IV
 
A
 
130
 
32.
14
Visual
range
can
be
defined
as
the
maximum
distance
at
which
one
can
identify
a
black
object
against
the
horizon
sky.
It
is
typically
described
in
miles
or
kilometers.
Light
extinction
is
the
sum
of
light
scattering
and
absorption
by
particles
and
gases
in
the
atmosphere.
It
is
typically
expressed
in
terms
of
inverse
megameters
(
Mm­
1),
with
larger
values
representing
worse
visibility.
The
deciview
metric
describes
perceived
visual
changes
in
a
linear
fashion
over
its
entire
range,
analogous
to
the
decibel
scale
for
sound.
A
deciview
of
0
represents
pristine
conditions.
Under
many
scenic
conditions,
a
change
of
1
deciview
is
considered
perceptible
by
the
average
person.
TABLE
I.
E
 
4.
 
SNOWMOBILE
USE
IN
SELECTED
CO
NONATTAINMENT
AREAS
 
Continued
City
and
state
CO
nonattainment
classification
2001
State
snowmobile
populationa
Missoula,
MT
............................................................................................
Moderate
................................................................
23440
a
Source:
ISMA
U.
S.
Snowmobile
Registration
History,
May
15,
2001;
various
studies
prepared
for
state
snowmobile
associations
included
in
Docket
A
 
2000
 
01.
b
Point
of
sale
registration
was
not
mandatory
in
Alaska
prior
to
1998,
so
the
statewide
registered
population
is
likely
to
underestimate
the
total
population.

Exceedances
of
the
8­
hour
CO
standard
were
recorded
in
three
of
seven
CO
nonattainment
areas
located
in
the
northern
portion
of
the
country
over
the
five
year
period
from
1994
to
1999:
Fairbanks,
AK;
Medford,
OR;
and
Spokane,
WA.
11
Given
the
variability
in
CO
ambient
concentrations
due
to
weather
patterns
such
as
inversions,
the
absence
of
recent
exceedances
for
some
of
these
nonattainment
areas
should
not
be
viewed
as
eliminating
the
need
for
further
reductions
to
consistently
attain
and
maintain
the
standard.
A
review
of
CO
monitor
data
in
Fairbanks
from
1986
to
1995
shows
that
while
median
concentrations
have
declined
steadily,
unusual
combinations
of
weather
and
emissions
have
resulted
in
elevated
ambient
CO
concentrations
well
above
the
8­
hour
standard
of
9
ppm.
Specifically,
a
Fairbanks
monitor
recorded
average
8­
hour
ambient
concentrations
at
16
ppm
in
1988,
around
9
ppm
from
1990
to
1992,
and
then
a
steady
increase
in
CO
ambient
concentrations
at
12,
14
and
16
ppm
during
some
extreme
cases
in
1993,
1994
and
1995,
respectively.
12
In
addition,
there
are
6
areas
that
have
not
been
classified
as
nonattainment
where
air
quality
monitoring
indicated
a
need
for
CO
control.
For
example,
CO
monitors
in
northern
locations
such
as
Des
Moines,
IA,
and
Weirton,
WV/
Steubenville,
OH,
registered
levels
above
the
level
of
the
CO
standards
in
1998.
ii.
Why
are
Controls
Needed
From
the
Nonroad
Engines
and
Vehicles
That
Would
Be
Subject
to
this
Rule
to
Protect
Visibility?
(
1)
Visibility
is
Impaired
by
Fine
PM
and
Precursor
Emissions
From
Nonroad
Engines
and
Vehicles
That
Would
Be
Subject
to
This
Rule.
Visibility
can
be
defined
as
the
degree
to
which
the
atmosphere
is
transparent
to
visible
light.
13
Visibility
degradation
is
an
easily
noticeable
effect
of
fine
PM
present
in
the
atmosphere,
and
fine
PM
is
the
major
cause
of
reduced
visibility
in
parts
of
the
United
States,
including
many
of
our
national
parks
and
in
places
across
the
country
where
people
live,
work,
and
recreate.
Fine
particles
with
significant
light­
extinction
efficiencies
include
organic
matter,
sulfates,
nitrates,
elemental
carbon
(
soot),
and
soil.
Visibility
is
an
important
effect
because
it
has
direct
significance
to
people's
enjoyment
of
daily
activities
in
all
parts
of
the
country.
Individuals
value
good
visibility
for
the
well­
being
it
provides
them
directly,
both
in
where
they
live
and
work,
and
in
places
where
they
enjoy
recreational
opportunities.
Visibility
is
highly
valued
in
significant
natural
areas
such
as
national
parks
and
wilderness
areas,
because
of
the
special
emphasis
given
to
protecting
these
lands
now
and
for
future
generations.
To
quantify
changes
in
visibility,
we
compute
a
light­
extinction
coefficient,
which
shows
the
total
fraction
of
light
that
is
decreased
per
unit
distance.
Visibility
can
be
described
in
terms
of
PM
concentrations,
visual
range,
light
extinction
or
deciview.
14
In
addition
to
limiting
the
distance
that
one
can
see,
the
scattering
and
absorption
of
light
caused
by
air
pollution
can
also
degrade
the
color,
clarity,
and
contrast
of
scenes.
Visibility
effects
are
manifest
in
two
main
ways:
as
local
impairment
(
for
example,
localized
hazes
and
plumes)
and
as
regional
haze.
In
addition,
visibility
impairment
has
a
time
dimension
in
that
it
might
relate
to
a
short­
term
excursion
or
to
longer
periods
(
for
example,
worst
20
percent
of
days
or
annual
average
levels).
Local­
scale
visibility
degradation
is
commonly
seen
as
a
plume
resulting
from
the
emissions
of
a
specific
source
or
small
group
of
sources,
or
it
is
in
the
form
of
a
localized
haze
such
as
an
urban
``
brown
cloud.''
Plumes
are
comprised
of
smoke,
dust,
or
colored
gas
that
obscure
the
sky
or
horizon
relatively
near
sources.
Impairment
caused
by
a
specific
source
or
small
group
of
sources
has
been
generally
termed
as
``
reasonably
attributable.''
The
second
type
of
impairment,
regional
haze,
results
from
pollutant
emissions
from
a
multitude
of
sources
located
across
a
broad
geographic
region.
It
impairs
visibility
in
every
direction
over
a
large
area,
in
some
cases
over
multi­
state
regions.
Regional
haze
masks
objects
on
the
horizon
and
reduces
the
contrast
of
nearby
objects.
The
formation,
extent,
and
intensity
of
regional
haze
is
a
function
of
meteorological
and
chemical
processes,
which
sometimes
cause
fine
particulate
loadings
to
remain
suspended
in
the
atmosphere
for
several
days
and
to
be
transported
hundreds
of
kilometers
from
their
sources.
On
an
annual
average
basis,
the
concentrations
of
non­
anthropogenic
fine
PM
are
generally
small
when
compared
with
concentrations
of
fine
particles
from
anthropogenic
sources.
Anthropogenic
contributions
account
for
about
one­
third
of
the
average
extinction
coefficient
in
the
rural
West
and
more
than
80
percent
in
the
rural
East.
Because
of
significant
differences
related
to
visibility
conditions
in
the
eastern
and
western
U.
S.,
we
present
information
about
visibility
by
region.
Furthermore,
it
is
important
to
note
that
even
in
those
areas
with
relatively
low
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/
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217
/
Friday,
November
8,
2002
/
Rules
and
Regulations
15
Memorandum
to
Docket
A
 
99
 
06
from
Eric
O.
Ginsburg,
Senior
Program
Advisor,
``
Summary
of
1999
Ambient
Concentrations
of
Fine
Particulate
Matter,''
November
15,
2000.
Air
Docket
A
 
2000
 
01,
Document
No.
II
 
B
 
12.
16
These
populations
would
obviously
also
be
exposed
to
PM
concentrations
associated
with
the
adverse
health
impacts
related
to
PM2.5.
17
Additional
information
about
the
Regulatory
Model
System
for
Aerosols
and
Deposition
(
REMSAD)
and
our
modeling
protocols
can
be
found
in
our
Regulatory
Impact
Analysis:
Heavy­
Duty
Engine
and
Vehicle
Standards
and
Highway
Diesel
Fuel
Sulfur
Control
Requirements,
document
EPA420
 
R
 
00
 
026,
December
2000.
Docket
No.
A
 
2000
 
01,
Document
No.
A
 
II
 
13.
This
document
is
also
available
at
http://
www.
epa.
gov/
otaq/
disel.
htm#
documents.
18
Technical
Memorandum,
EPA
Air
Docket
A
 
99
 
06,
Eric
O.
Ginsburg,
Senior
Program
Advisor,
Emissions
Monitoring
and
Analysis
Division,
OAQPS,
Summary
of
Absolute
Modeled
and
Model­
Adjusted
Estimates
of
Fine
Particulate
Matter
for
Selected
Years,
December
6,
2000,
Table
P
 
2.
Docket
Number
2000
 
01,
Document
Number
II
 
B
 
14.
concentrations
of
anthropogenic
fine
particles,
such
as
the
Colorado
plateau,
small
increases
in
anthropogenic
fine
particle
concentrations
can
lead
to
significant
decreases
in
visual
range.
This
is
one
of
the
reasons
Class
I
areas
have
been
given
special
consideration
under
the
Clean
Air
Act.
Nonroad
engines
that
are
subject
to
this
final
rule
contribute
to
ambient
fine
PM
levels
in
two
ways.
First,
they
contribute
through
direct
emissions
of
fine
PM.
As
shown
in
Table
I.
E
 
1,
these
engines
emitted
14,600
tons
of
PM
(
over
2
percent
of
all
mobile
source
PM)
in
2000.
Second,
these
engines
contribute
to
indirect
formation
of
PM
through
their
emissions
of
gaseous
precursors
which
are
then
transformed
in
the
atmosphere
into
particles.
For
example,
these
engines
emitted
over
8
percent
of
the
HC
tons
from
mobile
sources.
Furthermore,
recreational
vehicles,
such
as
snowmobiles
and
all­
terrain
vehicles
emit
high
levels
of
organic
carbon
(
as
HC)
on
a
per­
engine
basis.
Some
organic
emissions
are
transformed
into
particles
in
the
atmosphere
and
other
volatile
organics
can
condense
if
emitted
in
cold
temperatures,
as
is
the
case
for
emissions
from
snowmobiles,
for
example.
Organic
carbon
accounts
for
between
27
and
36
percent
of
ambient
fine
particle
mass
depending
on
the
area
of
the
country.

(
A)
Visibility
Impairment
Where
People
Live,
Work
and
Recreate
The
secondary
PM
NAAQS
is
designed
to
protect
against
adverse
welfare
effects
such
as
visibility
impairment.
In
1997,
the
secondary
PM
NAAQS
was
set
as
equal
to
the
primary
(
health­
based)
PM
NAAQS
(
62
Federal
Register
No.
138,
July
18,
1997).
EPA
concluded
that
PM
can
and
does
produce
adverse
effects
on
visibility
in
various
locations,
depending
on
PM
concentrations
and
factors
such
as
chemical
composition
and
average
relative
humidity.
In
1997,
EPA
demonstrated
that
visibility
impairment
is
an
important
effect
on
public
welfare
and
that
visibility
impairment
is
experienced
throughout
the
U.
S.,
in
multi­
state
regions,
urban
areas,
and
remote
Federal
Class
I
areas.
In
many
cities
having
annual
mean
PM2.5
concentrations
exceeding
17
µ
g/
m3,
improvements
in
annual
average
visibility
resulting
from
the
attainment
of
the
annual
PM2.5
standard
are
expected
to
be
perceptible
to
the
general
population
(
e.
g.,
to
exceed
1
deciview).
Based
on
annual
mean
monitored
PM2.5
data,
many
cities
in
the
Northeast,
Midwest,
and
Southeast
as
well
as
Los
Angeles
would
be
expected
to
experience
perceptible
improvements
in
visibility
if
the
PM2.5
annual
standard
were
attained.
For
example,
in
Washington,
DC,
where
the
IMPROVE
monitoring
network
shows
annual
mean
PM2.5
concentrations
at
about
19
µ
g/
m3
during
the
period
of
1992
to
1995,
approximate
annual
average
visibility
would
be
expected
to
improve
from
21
km
(
29
deciview)
to
27
km
(
27
deciview),
a
change
of
2
deciviews.
The
PM2.5
annual
average
in
Washington,
DC,
was
18.9
µ
g/
m3
in
2000.
The
updated
monitored
data
and
air
quality
modeling
presented
in
the
RSD
confirm
that
the
visibility
situation
identified
during
the
NAAQS
review
in
1997
is
still
likely
to
exist.
Thus,
the
determination
in
the
NAAQS
rulemaking
about
broad
visibility
impairment
and
related
benefits
from
NAAQS
compliance
are
still
relevant.
Levels
above
the
fine
PM
NAAQS
cause
adverse
welfare
impacts,
such
as
visibility
impairment
(
both
regional
and
localized
impairment).
Furthermore,
in
setting
the
PM
NAAQS,
EPA
acknowledged
that
levels
of
fine
particles
below
the
NAAQS
may
also
contribute
to
unacceptable
visibility
impairment
and
regional
haze
problems
in
some
areas,
and
Clean
Air
Act
Section
169
provides
additional
authorities
to
remedy
existing
impairment
and
prevent
future
impairment
in
the
156
national
parks,
forests
and
wilderness
areas
labeled
as
Class
I
areas.
In
making
determinations
about
the
level
of
protection
afforded
by
the
secondary
PM
NAAQS,
EPA
considered
how
the
Section
169
regional
haze
program
and
the
secondary
NAAQS
would
function
together.
Regional
strategies
are
expected
to
improve
visibility
in
many
urban
and
non­
Class
I
areas
as
well.
The
following
recommendation
for
the
National
Research
Council,
Protecting
Visibility
in
National
Parks
and
Wilderness
Areas
(
1993),
addresses
this
point:
Efforts
to
improve
visibility
in
Class
I
areas
also
would
benefit
visibility
outside
these
areas.
Because
most
visibility
impairment
is
regional
in
scale,
the
same
haze
that
degrades
visibility
within
or
looking
out
from
a
national
park
also
degrade
visibility
outside
it.
The
1999
 
2000
PM2.5
monitored
values,
which
cover
about
a
third
of
the
nation's
counties,
indicate
that
at
least
82
million
people
live
in
areas
where
long­
term
ambient
fine
particulate
matter
levels
are
at
or
above
15
µ
g/
m3.15
Thus,
these
populations
(
plus
those
who
travel
to
those
areas)
could
be
experiencing
visibility
impairment
that
is
unacceptable,
and
emissions
of
PM
and
its
precursors
from
engines
in
these
categories
contribute
to
this
unacceptable
impairment.
16
Because
the
chemical
composition
of
the
PM
affects
visibility
impairment,
we
used
EPA's
Regulatory
Model
System
for
Aerosols
and
Deposition
(
REMSAD)
17
model
to
project
visibility
conditions
in
2030
accounting
for
the
chemical
composition
of
the
particles
and
to
estimate
visibility
impairment
directly
as
changes
in
deciview.
Our
projections
included
anticipated
emissions
from
the
engines
subject
to
this
rule,
and
although
our
emission
predictions
reflected
our
best
estimates
of
emissions
projections
at
the
time
the
modeling
was
conducted,
we
now
have
new
estimates,
as
discussed
in
the
RSD
Chapter
1.
Based
on
public
comment
for
this
rule
and
new
information,
we
have
revised
our
emissions
estimates
in
some
categories
downwards
and
other
categories
upwards;
however,
on
net,
we
believe
the
modeling
underestimates
the
PM
air
quality
levels
that
would
have
been
predicted
if
new
inventories
were
used.
The
most
reliable
information
about
the
future
visibility
levels
would
be
in
areas
for
which
monitoring
data
are
available
to
evaluate
model
performance
for
a
base
year
(
e.
g.,
1996).
Accordingly,
we
predicted
that
in
2030,
49
percent
of
the
population
will
be
living
in
areas
where
fine
PM
levels
are
above
15
µ
g/
m3
and
monitors
are
available.
18
This
can
be
compared
with
the
1996
level
of
37
percent
of
the
population
living
in
areas
where
fine
PM
levels
are
above
15
µ
g/
m3
and
monitors
are
available.
Thus,
a
substantial
percent
of
the
population
would
experience
unacceptable
visibility
impairment
in
areas
where
they
live,
work
and
recreate.
As
shown
in
Table
I.
E
 
5,
in
2030,
we
expect
visibility
in
the
East
to
be
about
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19
Memo
to
file
from
Terence
Fitz­
Simons,
OAQPS,
Scott
Mathias,
OAQPS,
Mike
Rizzo,
Region
5,
``
Analyses
of
1999
PM
Data
for
the
PM
NAAQS
Review,''
November
17,
2000,
with
attachment
B,
1999
PM2.5
Annual
Mean
and
98th
Percentile
24­
Hour
Average
Concentrations.
Docket
No.
A
 
2000
 
01,
Document
No.
II
 
B
 
17.
20
This
information
also
shows
that
snowmobiles
contribute
to
concentrations
of
fine
PM
that
are
above
the
primary
health­
related
NAAQS,
which
indicates
that
emissions
from
snowmobiles
also
contribute
to
primary
and
secondary
PM
pollution
that
may
reasonably
be
anticipated
to
endanger
public
health
and
welfare.
21
Review
of
the
National
Ambient
Air
Quality
Standards
for
Particulate
Matter:
Policy
Assessment
for
Scientific
and
Technical
Information,
OAQPS
Staff
Paper,
EPA
 
452\
R
 
96
 
013,
July,
1996,
at
IV
 
7.
This
document
is
available
from
Docket
A
 
99
 
06,
Document
II
 
A
 
23.
19
deciviews
(
or
visual
range
of
60
kilometers)
on
average,
with
poorer
visibility
in
urban
areas,
compared
to
the
visibility
conditions
without
manmade
pollution
of
9.5
deciviews
(
or
visual
range
of
150
kilometers).
Likewise,
we
expect
visibility
in
the
West
to
be
about
9.5
deciviews
(
or
visual
range
of
150
kilometers)
in
2030,
compared
to
the
visibility
conditions
without
man­
made
pollution
of
5.3
deciviews
(
or
visual
range
of
230
kilometers).
Nonroad
engines
contribute
significantly
to
these
effects.
As
shown
in
Tables
I.
E
 
1
through
I.
E
 
3,
nonroad
engines
emissions
contribute
a
large
portion
of
the
total
PM
emissions
from
mobile
sources
and
anthropogenic
sources,
in
general.
These
emissions
occur
in
and
around
areas
with
PM
levels
above
the
annual
PM2.5
NAAQS.
The
engines
subject
to
the
final
rule
will
contribute
to
these
effects.
They
are
estimated
to
emit
36,500
tons
of
direct
PM
in
2030,
which
is
1.1
percent
of
the
total
anthropogenic
PM
emissions
in
2030.
Similarly,
for
PM
precursors,
the
engines
subject
to
this
rule
will
emit
640,000
tons
of
NOX
and
1,411,000
tons
HC
in
2030,
which
are
3.8
and
8.3
percent
of
the
total
anthropogenic
NOX
and
HC
emissions,
respectively,
in
2030.
Recreational
vehicles
in
particular
contribute
to
these
levels.
In
Table
I.
E
 
1
through
I.
E
 
3,
we
show
that
recreational
vehicles
emitted
about
1.7
percent
of
mobile
source
PM
emissions
in
2000.
Similarly,
recreational
vehicles
are
modeled
to
emit
over
4
percent
of
mobile
source
PM
in
2020
and
2030.
Thus,
the
emissions
from
these
sources
contribute
to
the
visibility
impairment
modeled
for
2030
summarized
in
the
table.
Furthermore,
for
20
counties
across
nine
states,
snowmobile
trails
are
found
within
or
near
counties
that
registered
ambient
PM2.5
concentrations
at
or
above
15
µ
g/
m3,
the
level
of
the
PM2.5
NAAQS.
19
Fine
particles
may
remain
suspended
for
days
or
weeks
and
travel
hundreds
to
thousands
of
kilometers,
and
thus
fine
particles
emitted
or
created
in
one
county
may
contribute
to
ambient
concentrations
in
a
neighboring
county.
20,
21
TABLE
I.
E
 
5
 
SUMMARY
OF
2030
NATIONAL
VISIBILITY
CONDITIONS
BASED
ON
REMSAD
MODELING
[
Deciviews]

Regions
a
Predicted
2030
visibility
b
(
annual
average
Natural
background
visibility
Eastern
U.
S.
.......
18.98
9.5
Urban
20.48
Rural
..
18.38
Western
U.
S.
.......
9.54
5.3
Urban
10.21
Rural
..
9.39
a
Eastern
and
Western
Regions
are
separated
by
100
degrees
north
longitude.
Background
visibility
conditions
differ
by
region.
b
The
results
incorporate
earlier
emissions
estimates
from
the
engines
subject
to
this
rule,
as
discussed
in
the
Final
Regulatory
Support
Document.
We
have
revised
our
estimates
both
upwards
for
some
categories
and
downwards
for
others
based
on
public
comment
and
updated
information;
however,
we
believe
that
the
net
results
would
underestimate
future
PM
emissions.

(
B)
Visibility
Impairment
in
Class
I
Areas
The
Clean
Air
Act
establishes
special
goals
for
improving
visibility
in
many
national
parks,
wilderness
areas,
and
international
parks.
In
the
1977
amendments
to
the
Clean
Air
Act,
Congress
set
as
a
national
goal
for
visibility
the
``
prevention
of
any
future,
and
the
remedying
of
any
existing,
impairment
of
visibility
in
mandatory
class
I
Federal
areas
which
impairment
results
from
manmade
air
pollution''
(
CAA
section
169A(
a)(
1)).
The
Amendments
called
for
EPA
to
issue
regulations
requiring
States
to
develop
implementation
plans
that
assure
``
reasonable
progress''
toward
meeting
the
national
goal
(
CAA
Section
169A(
a)(
4)).
EPA
issued
regulations
in
1980
to
address
visibility
problems
that
are
``
reasonably
attributable''
to
a
single
source
or
small
group
of
sources,
but
deferred
action
on
regulations
related
to
regional
haze,
a
type
of
visibility
impairment
that
is
caused
by
the
emission
of
air
pollutants
by
numerous
emission
sources
located
across
a
broad
geographic
region.
At
that
time,
EPA
acknowledged
that
the
regulations
were
only
the
first
phase
for
addressing
visibility
impairment.
Regulations
dealing
with
regional
haze
were
deferred
until
improved
techniques
were
developed
for
monitoring,
for
air
quality
modeling,
and
for
understanding
the
specific
pollutants
contributing
to
regional
haze.
In
the
1990
Clean
Air
Act
amendments,
Congress
provided
additional
emphasis
on
regional
haze
issues
(
see
CAA
section
169B).
In
1999
EPA
finalized
a
rule
that
calls
for
States
to
establish
goals
and
emission
reduction
strategies
for
improving
visibility
in
all
156
mandatory
Class
I
national
parks
and
wilderness
areas.
In
this
rule,
EPA
established
a
``
natural
visibility''
goal.
In
that
rule,
EPA
also
encouraged
the
States
to
work
together
in
developing
and
implementing
their
air
quality
plans.
The
regional
haze
program
is
focused
on
long­
term
emissions
decreases
from
the
entire
regional
emissions
inventory
comprised
of
major
and
minor
stationary
sources,
area
sources
and
mobile
sources.
The
regional
haze
program
is
designed
to
improve
visibility
and
air
quality
in
our
most
treasured
natural
areas
from
these
broad
sources.
At
the
same
time,
control
strategies
designed
to
improve
visibility
in
the
national
parks
and
wilderness
areas
will
improve
visibility
over
broad
geographic
areas.
In
the
1997
PM
NAAQS
rulemaking,
EPA
also
anticipated
the
need
in
addition
to
the
NAAQS
and
Section
169
regional
haze
program
to
continue
to
address
localized
impairment
that
may
relate
to
unique
circumstances
in
some
Western
areas.
For
mobile
sources,
there
is
a
need
for
a
Federal
role
in
reduction
of
those
emissions,
particularly
because
mobile
source
vehicles
are
regulated
primarily
at
the
federal
level.
Visibility
impairment
is
caused
by
pollutants
(
mostly
fine
particles
and
precursor
gases)
directly
emitted
to
the
atmosphere
by
several
activities
(
such
as
electric
power
generation,
various
industry
and
manufacturing
processes,
truck
and
auto
emissions,
construction
activities,
etc.).
These
gases
and
particles
scatter
and
absorb
light,
removing
it
from
the
sight
path
and
creating
a
hazy
condition.
Visibility
impairment
is
caused
by
both
regional
haze
and
localized
impairment.
As
described
above,
regional
haze
is
caused
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22
U.
S.
EPA
Review
of
the
National
Ambient
Air
Quality
Standards
for
Particulate
Matter:
Policy
Assessment
of
Scientific
and
Technical
Information
OAQPS
Staff
Paper.
EPA
 
452/
R
 
96
 
013.
1996.
Docket
Number
A
 
99
 
06,
Documents
Nos.
II
 
A
 
18,
19,
20,
and
23.
The
particulate
matter
air
quality
criteria
documents
are
also
available
at
http://
www.
epa.
gov/
ncea/
partmatt.
htm.
23
In
a
recent
case,
American
Corn
Growers
Association
v.
EPA,
291
F.
3d
1
(
D.
C.
Cir
2002),
the
court
vacated
the
BART
provisions
of
the
Regional
Haze
rule,
but
the
court
denied
industry's
challenge
to
EPA's
requirement
that
state's
SIPs
provide
for
reasonable
progress
towards
achieving
natural
visibility
conditions
in
national
parks
and
wilderness
areas
and
the
``
no
degradation''
requirement.
Industry
did
not
challenge
requirements
to
improve
visibility
on
the
haziest
20
percent
of
days.
A
copy
of
this
decision
can
be
found
in
Docket
A
 
2000
 
01,
Document
IV
 
A
 
113.
24
The
results
incorporate
earlier
emissions
estimates
from
the
engines
subject
to
this
rule,
as
discussed
in
the
Final
Regulatory
Support
Document.
We
have
revised
our
estimates
both
upwards
for
some
categories
and
downwards
for
others
based
on
public
comment
and
updated
information;
however,
we
believe
that
the
net
results
would
underestimate
future
PM
emissions.

25
No
data
were
available
at
five
additional
parks
where
snowmobiles
are
also
commonly
used:
Black
Canyon
of
the
Gunnison,
CO,
Grand
Teton,
WY,
Northern
Cascades,
WA,
Theodore
Roosevelt,
ND,
and
Zion,
UT.

26
Letter
from
Debra
C.
Miller,
Data
Analyst,
National
Park
Service,
to
Drew
Kodjak,
August
22,
2001.
Docket
No.
A
 
2000
 
01,
Document
Number
II
 
B
 
28.
by
the
emission
from
numerous
sources
located
over
a
wide
geographic
area.
22
Because
of
evidence
that
fine
particles
are
frequently
transported
hundreds
of
miles,
all
50
states,
including
those
that
do
not
have
Class
I
areas,
participate
in
planning,
analysis,
and,
in
many
cases,
emission
control
programs
under
the
regional
haze
regulations.
Even
though
a
given
State
may
not
have
any
Class
I
areas,
pollution
that
occurs
in
that
State
may
contribute
to
impairment
in
Class
I
areas
elsewhere.
The
rule
encourages
states
to
work
together
to
determine
whether
or
how
much
emissions
from
sources
in
a
given
state
affect
visibility
in
a
downwind
Class
I
area.
The
regional
haze
program
calls
for
states
to
establish
goals
for
improving
visibility
in
national
parks
and
wilderness
areas
to
improve
visibility
on
the
haziest
20
percent
of
days
and
to
ensure
that
no
degradation
occurs
on
the
clearest
20
percent
of
days
(
64
FR
35722.
July
1,
1999).
The
rule
requires
states
to
develop
long­
term
strategies
including
enforceable
measures
designed
to
meet
reasonable
progress
goals
toward
natural
visibility
conditions.
Under
the
regional
haze
program,
States
can
take
credit
for
improvements
in
air
quality
achieved
as
a
result
of
other
Clean
Air
Act
programs,
including
national
mobile
source
programs.
23
In
the
PM
air
quality
modeling
described
above,
we
also
modeled
visibility
conditions
in
the
Class
I
areas,
and
we
summarize
the
results
by
region
in
Table
I.
E
 
6.

TABLE
I.
E
 
6
 
SUMMARY
OF
2030
VISIBILITY
CONDITIONS
IN
CLASS
I
AREAS
BASED
ON
REMSAD
MODELING
[
Annual
Average
Deciview]

Region
a
Predicted
2030
visibility
b
Natural
background
visibility
Eastern
........................
9.5
Southeast
.................................................................................................................................................................
25.02
........................
Northeast/
Midwest
...................................................................................................................................................
21.00
........................
Western
........................
5.3
Southwest
................................................................................................................................................................
8.69
........................
California
..................................................................................................................................................................
11.61
........................
Rocky
Mountain
.......................................................................................................................................................
12.30
........................
Northwest
.................................................................................................................................................................
15.44
........................

National
Class
I
Area
Average
.........................................................................................................................
14.04
........................

a
Regions
are
depicted
in
Figure
VI
 
5
in
the
Regulatory
Support
Document
for
the
highway
Heavy
Duty
Engine/
Diesel
Fuel
RIA
(
EPA
420
 
R
 
00
 
026,
December
2000.)
Background
visibility
conditions
differ
by
region:
Eastern
natural
background
is
9.5
deciviews
(
or
visual
range
of
150
kilometers)
and
in
the
West
natural
background
is
5.3
deciviews
(
or
visual
range
of
230
kilometers).
b
The
results
incorporate
earlier
emissions
estimates
from
the
engines
subject
to
this
rule,
as
discussed
in
the
Final
Regulatory
Support
Document
We
have
revised
our
estimates
both
upwards
for
some
categories
and
downwards
for
others
based
on
public
comment
and
updated
information
however,
we
believe
that
the
net
results
underestimate
future
PM
emissions.

Nonroad
engines
represent
a
sizeable
portion
of
the
total
inventory
of
anthropogenic
emissions
related
to
PM2.5,
as
shown
in
the
tables
above.
Numerous
types
of
nonroad
engines
may
operate
near
Class
I
areas
(
e.
g.,
mining
equipment,
recreational
vehicles,
and
agricultural
equipment).
We
have
reviewed
contributions
from
snowmobile
in
particular.
Emissions
from
nonroad
engines,
in
particular
snowmobiles,
contribute
significantly
to
visibility
impairment
in
Class
I
areas.
24
Visibility
and
PM
monitoring
data
are
available
for
eight
Class
I
areas
where
snowmobiles
are
commonly
used.
These
are:
Acadia,
Boundary
Waters,
Denali,
Mount
Rainier,
Rocky
Mountain,
Sequoia
and
Kings
Canyon,
Voyageurs,
and
Yellowstone.
25
Fine
particle
monitoring
data
for
these
parks
are
set
out
in
Table
I.
E
 
7.
This
table
shows
the
number
of
monitored
days
in
the
winter
that
fell
within
the
20­
percent
worst
visibility
days
for
each
of
these
eight
parks.
Monitors
collect
data
2
days
a
week
for
a
total
of
about
104
days
of
monitored
values.
Thus,
for
a
particular
site,
a
maximum
of
21
worst
possible
days
of
these
104
days
with
monitored
values
constitute
the
set
of
20­
percent
worst
visibility
days
during
a
year
which
are
tracked
as
the
primary
focus
of
regulatory
efforts.
26
With
the
exception
of
Denali
in
Alaska,
we
defined
the
snowmobile
season
as
January
1
through
March
15
and
December
15
through
December
31
of
the
same
calendar
year,
consistent
with
the
methodology
used
in
the
Regional
Haze
Rule,
which
is
calendar­
year
based.
For
Denali
in
Alaska,
the
snowmobile
season
is
October
1
to
April
30.

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27
Letter
from
Debra
C.
Miller,
Data
Analyst,
National
Park
Service,
to
Drew
Kodjak,
August
22,
2001.
Docket
No.
A
 
2000
 
01,
Document
Number
II
 
B
 
28.
28
See
Chapter
1
in
the
RSD
for
a
discussion
or
U.
S.
EPA
Technical
Support
Document
for
Heavyduty
Engine
and
Vehicle
Standards
and
Highway
Diesel
Fuel
Sulfur
Control
Requirements
 
Air
Quality
Modeling
Analyses
December
2000.
Docket
No.
A
 
2000
 
01,
Docket
Number
IV
 
A
 
218.
This
document
is
also
avaiable
at
www.
epa.
gov/
otaq/
hdmodels.
htm.
TABLE
I.
E
 
7
 
WINTER
DAYS
THAT
FALL
WITHIN
THE
20
PERCENT
WORST
VISIBILITY
DAYS
AT
NATIONAL
PARKS
USED
BY
SNOWMOBILES
NPS
unit
States
Number
of
sampled
wintertime
days
within
20
percent
worst
visibility
days
(
maximum
of
21
out
of
104
monitored
days)

1996
1997
1998
1999
Acadia
NP
..................................................................................
ME
...........................................
4
4
2
1
Denali
NP
and
Preserve
............................................................
AK
............................................
10
10
12
9
Mount
Rainier
NP
......................................................................
WA
...........................................
1
3
1
1
Rocky
Mountain
NP
...................................................................
CO
...........................................
2
1
2
1
Sequoia
and
Kings
Canyon
NP
.................................................
CA
............................................
4
9
1
8
Voyageurs
NP
(
1989
 
1992)
......................................................
MN
...........................................
1989
1990
1991
1992
3
4
6
8
 
Boundary
Waters
USFS
Wilderness
Area
(
close
to
Voyaguers
with
recent
data).
MN
...........................................
2
5
1
5
Yellowstone
NP
.........................................................................
ID,
MT,
WY
..............................
0
2
0
0
Source:
Letter
from
Debra
C.
Miller,
Data
Analyst,
National
Park
Service,
to
Drew
Kodjak,
August
22,
2001.
Docket
No.
A
 
2000
 
01,
Document
Number
II
 
B
 
28.

According
to
the
National
Park
Service,
``[
s]
ignificant
differences
in
haziness
occur
at
all
eight
sites
between
the
averages
of
the
clearest
and
haziest
days.
Differences
in
mean
standard
visual
range
on
the
clearest
and
haziest
days
fall
in
the
approximate
range
of
115
 
170
km.''
27
We
examined
future
air
quality
predictions
to
whether
the
emissions
from
recreational
vehicles,
such
as
snowmobiles,
contribute
to
regional
visibility
impairment
in
Class
I
areas.
We
present
results
from
the
future
air
quality
modeling
described
above
for
these
Class
I
areas
in
addition
to
inventory
and
air
quality
measurements.
Specifically,
in
Table
I.
E
 
8,
we
summarize
the
expected
future
visibility
conditions
in
these
areas
without
these
regulations.

TABLE
I.
E
 
8
 
ESTIMATED
2030
VISIBILITY
IN
SELECTED
CLASS
I
AREAS
a,
b
Class
I
area
County
State
Predicted
2030
visibility
(
annual
average
deciview)
Natural
background
visibility
(
annual
average
deciview)

Eastern
areas
..........................................
..........................................
........................
9.5
Acadia
.........................................................................
Hancock
Co
.....................
ME
....................................
23.42
........................
Boundary
Waters
........................................................
St.
Louis
Co
.....................
MN
...................................
22.07
........................
Voyageurs
...................................................................
St.
Louis
Co
.....................
MN
...................................
22.07
........................
Western
areas
..........................................
..........................................
........................
5.3
Grand
Teton
NP
.........................................................
Teton
Co
..........................
WY
...................................
11.97
........................
Kings
Canyon
.............................................................
Fresno
Co
........................
CA
....................................
10.39
........................
Mount
Rainier
.............................................................
Lewis
Co
..........................
WA
...................................
16.19
........................
Rocky
Mountain
..........................................................
Larimer
Co
.......................
CO
....................................
8.11
........................
Sequoia­
Kings
.............................................................
Tulare
Co
.........................
CA
....................................
9.36
........................
Yellowstone
.................................................................
Teton
Co
..........................
WY
...................................
11.97
........................

a
Natural
background
visibility
conditions
differ
by
region
because
of
differences
in
factors
such
as
relative
humidity:
Eastern
natural
background
is
9.5
deciviews
(
or
visual
range
of
150
kilometers)
and
in
the
West
natural
background
is
5.3
deciviews
(
or
visual
range
of
230
kilometers
b
The
results
incorporate
earlier
emissions
estimates
from
the
engines
subject
to
this
rule.
We
have
revised
our
estimates
both
upwards
for
some
categories
and
downwards
for
others
based
on
public
comment
and
updated
information;
however,
on
net,
we
believe
that
HD07
analyses
would
underestimate
future
PM
emissions
from
these
categories.

The
information
presented
in
Table
I.
E
 
7
shows
that
visibility
data
support
a
conclusion
that
there
are
at
least
8
Class
I
Areas
(
7
national
parks
and
one
wilderness
area)
frequented
by
snowmobiles
with
one
or
more
wintertime
days
within
the
20­
percent
worst
visibility
days
of
the
year,
and
in
many
cases
several
days.
For
example,
Rocky
Mountain
National
Park
in
Colorado
was
frequented
by
about
27,000
snowmobiles
during
the
1998
 
1999
winter.
Of
the
monitored
days
characterized
as
within
the
20­
percent
worst
visibility
monitored
days,
2
of
those
days
occurred
during
the
wintertime
when
snowmobile
emissions
such
as
hydrocarbons
contributed
to
visibility
impairment.
The
information
in
Table
I.
E
 
8
shows
that
these
areas
also
are
predicted
to
have
high
annual
average
deciview
levels
in
the
future.
Emissions
from
snowmobiles
and
other
recreational
vehicles,
as
well
as
other
nonroad
engines
contributed
to
these
levels.
28
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217
/
Friday,
November
8,
2002
/
Rules
and
Regulations
29
Letter
from
Debra
C.
Miller,
Data
Analyst,
National
Park
Service,
to
Drew
Kodjak,
August
22,
2001.
Docket
No.
A
 
2000
 
01,
Document
Number
II
 
B
 
28.
30
Emissions
of
NOX
from
snowmobiles
contribute
to
the
total
amount
of
particulate
nitrate,
although
the
total
NOX
emissions
from
snowmobiles
are
considerably
less
than
HC
or
direct
PM
emissions
from
these
engines.
31
Technical
Memorandum,
Aaron
Worstell,
Environmental
Engineer,
National
Park
Service,
Air
Resources
Division,
Denver,
Colorado,
particularly
Table
1.
Docket
No.
A
 
2000
 
01,
Document
Number
II
 
G
 
178.
32
Memo
to
Docket,
Mike
Samulski.
``
Hydrocarbon
Measurements
as
an
Indicator
for
Particulate
Matter
Emissions
in
Snowmobiles,''
with
attachments.
September
6,
2002,
Docket
A
 
2000
 
01;
Document
No.
IV
 
B
 
42.
Ambient
concentrations
of
fine
particles
are
the
primary
pollutant
responsible
for
visibility
impairment.
The
classes
of
fine
particles
principally
responsible
for
visibility
impairment
are
sulfates,
nitrates,
organic
carbon
particles,
elemental
carbon,
and
crustal
material.
Hydrocarbon
emissions
from
automobiles,
trucks,
snowmobiles,
and
other
industrial
processes
are
common
sources
of
organic
carbon.
The
organic
carbon
fraction
of
fine
particles
ranges
from
47
percent
in
Western
areas
such
as
Denali
National
Park,
to
28
percent
in
Rocky
Mountain
National
Park,
to
13
percent
in
Acadia
National
Park.
29
In
the
winter
months,
HC
emissions
from
snowmobiles
can
be
significant,
and
these
HC
emissions
can
be
more
than
half
of
the
organic
carbon
fraction
of
fine
particles
which
are
largely
responsible
for
visibility
impairment.
In
Yellowstone,
a
park
with
high
snowmobile
usage
during
the
winter
months,
snowmobile
HC
emissions
can
exceed
500
tons
per
year,
as
much
as
several
large
stationary
sources.
30
Other
parks
with
less
snowmobile
traffic
are
also
impacted
although
to
a
lesser
extent
by
these
HC
emissions.
31
Table
I.
E
 
9
shows
estimated
tons
of
four
pollutants
during
the
winter
season
in
five
Class
I
national
parks
for
which
we
have
estimates
of
snowmobile
use.
The
national
park
areas
outside
of
Denali
in
Alaska
are
open
to
snowmobile
operation
in
accordance
with
special
regulations
(
36
CFR
part
7).
Denali
National
Park
permits
snowmobile
operation
by
local
rural
residents
engaged
in
subsistence
uses
(
36
CFR
part
13).

TABLE
I.
E
 
9.
 
WINTER
SEASON
SNOWMOBILE
EMISSIONS
[
tons;
1999
Winter
Season]

NPS
unit
HC
CO
NOX
PM
Denali
NP
&
Preserve
.............................................................................................................................
>
9.8
>
26.1
>
0.08
>
0.24
Grand
Teton
NP
......................................................................................................................................
13.7
36.6
0.1
0.3
Rocky
Mountain
NP
.................................................................................................................................
106.7
284.7
0.8
2.6
Voyageurs
NP
..........................................................................................................................................
138.5
369.4
1.1
3.4
Yellowstone
NP
.......................................................................................................................................
492
1311.9
3.8
12
Source:
Letter
from
Aaron
J.
Worstell,
Environmental
Engineer,
National
Park
Service,
Air
Resources
Division,
to
Drew
Kodjak,
August
21,
2001,
particularly
Table
1.
Docket
No.
A
 
2000
 
01,
Document
No.
II
 
G
 
178.

Inventory
analysis
performed
by
the
National
Park
Service
for
Yellowstone
National
Park
suggests
that
snowmobile
emissions
are
a
significant
source
of
total
annual
mobile
source
emissions
for
the
park
year
round.
The
proportion
of
snowmobile
emissions
to
emissions
from
other
sources
affecting
air
quality
in
these
parks
is
likely
to
be
similar
to
that
in
Yellowstone.
Furthermore,
public
comments
from
an
industry­
initiated
study
contained
modeling
showing
a
4
to
8
percent
contribution
to
perceptible
impairment
from
snowmobile
exhaust
in
Yellowstone
National
Park.
Although
we
believe
the
modeling
technique
may
not
be
fully
appropriate,
the
study
still
indicates
a
significant
contribution
from
snowmobiles.
EPA
conducted
independent
modeling
using
a
more
appropriate
visibility
model,
and
we
confirmed
that
snowmobiles
would
be
creating
perceptible
plumes
at
all
park
entrances,
impairing
visibility.
This
evidence
shows
that
snowmobiles
contribute
significantly
to
visibility
impairment
in
several
Class
I
areas.
(
C)
Regulation
of
HC
Is
a
Good
Proxy
for
Regulation
of
Fine
PM
Emissions
From
Current
Snowmobile
Engines
We
believe
the
best
way
to
regulate
the
contribution
to
ambient
concentrations
of
fine
PM
from
current
snowmobile
engines
is
to
set
standards
to
control
HC
emissions.
The
current
fleet
of
snowmobiles
consists
almost
exclusively
of
two­
stroke
engines.
Twostroke
engines
inject
lubricating
oil
into
the
air
intake
system
where
it
is
combusted
with
the
air
and
fuel
mixture
in
the
combustion
chamber.
This
is
done
to
provide
lubrication
to
the
piston
and
crankshaft,
since
the
crankcase
is
used
as
part
of
the
fuel
delivery
system
and
cannot
be
used
as
a
sump
for
oil
storage
as
in
four­
stroke
engines.
As
a
result,
in
addition
to
products
of
incomplete
combustion,
two­
stroke
engines
also
emit
a
mixture
of
uncombusted
fuel
and
lubricant
oil.
HCrelated
emissions
from
snowmobiles
increase
PM
concentrations
in
two
ways.
Snowmobile
engines
emit
HC
directly
as
particles
(
such
as
droplets
of
lubricant
oil).
Snowmobile
engines
also
emit
HC
gases,
as
well
as
raw
unburned
HC
from
the
fuel
which
either
condenses
in
cold
temperatures
to
particles
or
reacts
chemically
to
transform
into
particles
as
it
moves
in
the
atmosphere.
As
discussed
above,
fine
particles
can
cause
a
variety
of
adverse
health
and
welfare
effects,
including
visibility
impairment.
We
believe
measurements
of
HC
emissions
will
serve
as
a
reasonable
surrogate
for
measurement
of
fine
particles
for
snowmobiles
for
several
reasons.
First,
emissions
of
PM
and
HC
from
these
engines
are
related.
Test
data
show
that
over
70
percent
of
the
average
volatile
organic
fraction
of
PM
from
a
typical
two­
stroke
snowmobile
engine
is
organic
hydrocarbons,
largely
from
lubricating
oil
components.
32
The
HC
measurements
(
which
use
a
191
°
C
heated
flame­
ionization
detector
(
FID))
would
capture
the
volatile
component,
which
in
ambient
temperatures
would
be
particles
(
as
droplets).
Second,
many
of
the
technologies
that
will
be
employed
to
reduce
HC
emissions
are
expected
to
reduce
PM
(
four­
stroke
engines,
pulse
air,
and
direct
fuel
injection
techniques
for
example).
The
organic
emissions
are
a
mixture
of
fuel
and
oil,
and
reductions
in
the
organic
emissions
will
likely
yield
both
HC
and
PM
reductions.
HC
measurements
would
capture
the
reduction
from
both
the
gas
and
particle
(
at
ambient
temperature)
phases.
For
example,
the
HC
emission
factor
for
a
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33
For
recreational
vehicles,
we
are
adopting
vehicle­
based
standards.
For
these
applications,
the
term
``
engine''
in
this
document
applies
equally
to
the
vehicles.
34
The
term
``
manufacturer''
includes
any
individual
or
company
that
manufactures
any
new
engine
for
sale
or
otherwise
introduces
a
new
engine
into
commerce
in
the
United
States.
It
also
includes
importers
for
resale.
typical
two­
stroke
snowmobile
is
111
g/
hp­
hr.
The
HC
emission
factor
for
a
direct
fuel
injection
engine
is
21.8,
and
for
a
four­
stroke
is
7.8
g/
hp­
hr,
representing
a
80­
percent
and
99­
percent
reduction,
respectively.
Similarly,
the
PM
emission
factor
for
a
typical
two­
stroke
snowmobile
is
2.7
g/
hp­
hr.
The
corresponding
PM
emission
factor
for
a
direct
fuel
injection
engine
is
0.57,
and
for
a
four­
stroke
is
0.15
g/
hp­
hr,
representing
a
75
percent
and
93
percent
reduction,
respectively.
Thus,
manufacturers
will
generally
reduce
PM
emissions
as
a
result
of
reducing
HC
emissions,
making
separate
PM
standards
less
necessary.
Moreover,
PM
standards
would
cover
only
the
PM
directly
emitted
at
the
tailpipe.
It
would
not
measure
the
gaseous
or
semi­
volatile
organic
emissions
which
would
condense
or
be
converted
into
PM
in
the
atmosphere.
The
HC
measurements
would
also
include
the
gaseous
HC
which
would
condense
or
be
converted
into
PM
in
the
atmosphere.
Consequently,
the
HC
measurement
would
be
a
more
comprehensive
measurement.
Also,
HC
standards
actually
will
reduce
secondary
PM
emissions
that
would
not
necessarily
be
reduced
by
PM
standards.
Finally,
from
an
implementation
point
of
view,
PM
is
not
routinely
measured
in
snowmobiles.
There
is
no
currently
established
protocol
for
measuring
PM
and
substantial
technical
issues
would
need
to
be
overcome
to
create
a
new
method.
Establishing
additional
PM
test
procedures
would
also
entail
additional
costs
for
manufacturers.
HC
measurements
are
more
routinely
performed
on
these
types
of
engines,
and
these
measurements
currently
serve
as
a
more
reliable
basis
for
setting
a
numeric
standard.
Thus,
we
believe
that
regulation
of
HC
is
the
best
way
to
reduce
PM
emissions
and
PM
contributions
from
current
snowmobile
engines.
We
included
a
NOX
standard
for
snowmobiles.
This
standard
will
essentially
cap
NOX
emissions
from
these
engines
to
prevent
backsliding.
We
are
not
promulgating
standards
that
would
require
substantial
reductions
in
NOX
because
we
believe
that
standards
which
force
substantial
NOX
reductions
would
likely
not
lead
to
reductions
in
PM
and
may
in
fact
increase
PM
levels.
NOX
emissions
from
snowmobiles
are
very
small,
particularly
compared
to
levels
of
HC.
In
fact,
technologies
that
reduce
HC
and
CO
are
likely
to
increase
levels
of
NOX
and
vice
versa,
because
technologies
to
reduce
HC
and
CO
emissions
would
result
in
leaner
operation.
A
lean
air
and
fuel
mixture
causes
NOX
emissions
to
increase.
These
increases
are
minor,
however,
compared
to
the
reductions
of
HC
(
and
therefore
PM)
that
result
from
these
techniques.
On
the
other
hand,
substantial
control
of
NOX
emissions
may
have
the
countereffect
of
increasing
HC
emissions
and
the
greater
PM
emissions
associated
with
those
HC
emissions.
The
only
way
to
reduce
NOX
emissions
from
fourstroke
engines
(
at
the
same
time
as
reducing
HC
and
CO
levels)
would
be
to
use
a
three­
way
catalytic
converter.
We
do
not
have
enough
information
at
this
time
on
the
durability
or
safety
implications
of
using
a
three­
way
catalyst
with
a
four­
stroke
engine
in
snowmobile
applications.
Three­
way
catalyst
technology
is
well
beyond
the
technology
reviewed
for
this
rule
and
would
need
substantial
additional
review
before
being
contemplated
for
snowmobiles.
Thus,
given
the
overwhelming
level
of
HC
compared
to
NOX,
and
the
secondary
PM
expected
to
result
from
these
levels,
it
would
be
premature
and
possibly
counterproductive
to
promulgate
NOX
standards
that
require
significant
NOX
reductions
from
snowmobiles
at
this
time.
We
have
therefore
decided
to
structure
our
long
term
HC+
NOX
standard
for
2012
and
later
model
year
snowmobiles
to
require
only
a
cap
on
NOX
emissions
from
the
advanced
technology
engines
which
will
be
the
dominant
technology
in
the
new
snowmobiles
certified
at
that
time.

II.
Nonroad:
General
Provisions
This
section
describes
general
provisions
concerning
the
emission
standards
adopted
in
this
final
rule
and
the
ways
in
which
a
manufacturer
shows
compliance
with
these
standards.
Clean
Air
Act
section
213(
a)(
3)
requires
us
to
set
standards
that
achieve
the
greatest
degree
of
emission
reduction
achievable
through
the
application
of
technology
that
will
be
available,
giving
appropriate
consideration
to
cost,
noise,
energy,
and
safety
factors.
Section
202(
a)(
4)
provides
further
authority
to
adopt
standards
for
pollution
beyond
that
regulated
under
section
202(
a)(
3).
In
addition
to
emission
standards,
this
document
describes
a
variety
of
other
provisions
necessary
for
implementing
the
proposed
emission­
control
program
in
an
effective
way,
such
as
applying
for
certification,
labeling
engines,
and
meeting
warranty
requirements.
The
discussions
in
this
section
are
general
and
are
meant
to
cover
all
the
nonroad
engines
and
vehicles
subject
to
the
new
standards.
In
this
Section
II,
the
term
engine
is
sometimes
used
to
include
both
nonroad
engines
and
nonroad
vehicles.
Refer
to
the
discussions
of
specific
programs,
contained
in
Sections
III
through
VI,
to
determine
whether
the
regulations
are
being
applied
to
the
entire
vehicle
or
just
the
engine,
as
well
as
for
more
information
about
specific
requirements
for
different
categories
of
nonroad
engines
and
vehicles.
This
section
describes
general
nonroad
provisions
related
to
certification
prior
to
sale
or
introduction
into
commerce.
Section
VII
describes
several
compliance
provisions
that
apply
generally
to
nonroad
engines,
and
Section
VIII
similarly
describes
general
testing
provisions.

A.
Scope
of
Application
This
final
rule
covers
recreational
marine
diesel
engines,
nonroad
sparkignition
engines
rated
over
19
kW,
and
recreational
spark­
ignition
vehicles
introduced
into
commerce
in
the
United
States.
The
following
sections
describe
generally
when
emission
standards
apply
to
these
products.
These
provisions
are
generally
consistent
with
prior
nonroad
and
motor­
vehicle
rulemakings.
Refer
to
the
specific
program
discussion
below
for
more
information
about
the
scope
of
application
and
timing
of
new
standards.

1.
What
Engines
and
Vehicles
Are
Subject
to
the
Standards?

The
scope
of
this
rule
is
broadly
set
by
Clean
Air
Act
section
213(
a),
which
instructs
us
to
set
emission
standards
for
new
nonroad
engines
and
new
nonroad
vehicles.
Generally
speaking,
this
rule
is
intended
to
cover
all
new
engines
and
vehicles
in
the
categories
listed
above
(
including
any
associated
equipment
or
vessels)
for
their
entire
useful
lives,
as
defined
in
the
regulations.
33
Once
the
emission
standards
apply
to
a
group
of
engines
or
vehicles,
manufacturers
of
a
new
engine
must
have
an
approved
certificate
of
conformity
from
us
before
selling
them
in
the
United
States.
34
This
also
applies
to
importation
by
any
person
and
any
other
means
of
introducing
new
engines
and
vehicles
into
commerce.
We
also
require
equipment
manufacturers
that
install
engines
from
other
companies
to
install
only
certified
engines
into
new
equipment
once
emission
standards
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35
The
definition
in
Clean
Air
Act
section
216
applies
specifically
to
``
new
motor
vehicles,''
but
we
have
interpreted
``
new
nonroad
engine''
consistently
with
the
definition
in
section
216.
apply.
The
information
we
require
of
manufacturers
applying
for
certification
(
with
the
corresponding
engine
labels)
provides
assurance
that
manufacturers
have
met
their
obligation
to
make
engines
that
meet
emission
standards
over
the
useful
life
we
specify
in
the
regulations.

2.
How
Do
I
Know
if
My
Engine
or
Equipment
Is
New?

We
are
defining
``
new''
consistent
with
previous
rulemakings.
We
will
consider
a
nonroad
engine
(
or
nonroad
equipment)
to
be
new
until
its
title
has
been
transferred
to
the
ultimate
purchaser
or
the
engine
has
been
placed
into
service.
This
definition
applies
to
both
engines
and
equipment,
so
the
nonroad
equipment
using
these
engines,
including
all­
terrain
vehicles,
snowmobiles,
off­
highway
motorcycles,
and
other
land­
based
nonroad
equipment
will
be
considered
new
until
their
title
has
been
transferred
to
an
ultimate
buyer.
In
Section
II.
B.
1
we
describe
how
to
determine
the
model
year
of
individual
engines
and
vehicles.
To
further
clarify
the
definition
of
new
nonroad
engine,
we
specify
that
a
nonroad
engine,
vehicle,
or
equipment
is
placed
into
service
when
it
is
used
for
its
intended
purpose.
An
engine
subject
to
emission
standards
is
used
for
its
functional
purpose
when
it
is
installed
in
an
all­
terrain
vehicle,
snowmobile,
off­
highway
motorcycle,
marine
vessel,
or
other
piece
of
nonroad
equipment.
We
need
to
make
this
clarification
because
some
engines
are
made
by
modifying
a
highway
or
land­
based
nonroad
engine
that
has
already
been
installed
on
a
vehicle
or
other
piece
of
equipment.
For
example,
someone
can
install
an
engine
in
a
recreational
marine
vessel
after
it
has
been
used
for
its
functional
purpose
as
a
land­
based
highway
or
nonroad
engine.
We
believe
our
approach
is
reasonable
because
the
practice
of
adapting
used
highway
or
land­
based
nonroad
engines
may
become
more
common
if
these
engines
are
not
subject
to
emission
standards.
In
summary,
an
engine
may
be
subject
to
emission
standards
if
it
is:
 
Freshly
manufactured,
whether
domestic
or
imported;
this
may
include
engines
produced
from
engine
block
cores
 
Installed
for
the
first
time
in
nonroad
equipment
after
having
powered
an
automobile
or
a
category
of
nonroad
equipment
subject
to
different
emission
standards
 
Installed
in
new
nonroad
equipment,
regardless
of
the
age
of
the
engine
 
Imported
(
freshly
manufactured
or
used)
and
was
originally
manufactured
after
the
effective
date
of
our
standards
3.
When
Do
Imported
Engines
Need
To
Meet
Emission
Standards?
The
emission
standards
apply
to
all
new
engines
sold
in
the
United
States.
Consistent
with
Clean
Air
Act
section
216,
engines
that
are
imported
by
any
person,
whether
freshly
manufactured
or
used
are
considered
``
new''
engines.
35
Thus,
we
include
engines
that
are
imported
for
use
in
the
United
States,
whether
they
are
imported
as
loose
engines
or
if
they
are
already
installed
on
a
marine
vessel,
recreational
vehicle,
or
other
piece
of
nonroad
equipment,
built
elsewhere.
All
imported
engines
manufactured
after
our
standards
begin
to
apply
need
an
EPA­
issued
certificate
of
conformity
to
clear
customs,
with
limited
exemptions
(
as
described
below).
An
engine
or
marine
vessel,
recreational
vehicle,
or
other
piece
of
nonroad
equipment
that
was
built
after
emission
standards
take
effect
cannot
be
imported
without
a
currently
valid
certificate
of
conformity.
We
would
consider
it
to
be
a
new
engine,
vehicle,
or
vessel,
which
would
trigger
a
requirement
to
comply
with
the
applicable
emission
standards.
Thus,
for
example,
a
marine
vessel
manufactured
in
a
foreign
country
in
2007,
then
imported
into
the
United
States
in
2010,
would
be
considered
``
new.''
The
engines
on
that
vessel
would
have
to
comply
with
the
requirements
for
the
2007
model
year,
assuming
no
other
exemptions
apply.
This
provision
is
important
to
prevent
manufacturers
from
avoiding
emission
standards
by
building
vessels
or
vehicles
abroad,
transferring
their
title,
and
then
importing
them
as
used
vessels
or
vehicles.
Imported
engines
are
generally
subject
to
emission
standards.
However,
we
are
not
adopting
a
definition
of
``
import''
in
this
regulation.
We
will
defer
to
the
U.
S.
Customs
Service
for
determinations
of
when
an
engine
or
vehicle
is
imported
into
the
U.
S.

4.
Do
the
Standards
Apply
to
Exported
Engines
or
Vehicles?
Engines
or
vehicles
intended
for
export
are
generally
not
required
to
meet
the
emission
standards
or
other
requirements
adopted
in
this
rule.
However,
engines
that
will
be
exported
and
subsequently
re­
imported
into
the
United
States
must
be
covered
by
a
certificate
of
conformity.
For
example,
this
would
occur
when
a
foreign
company
purchases
engines
manufactured
in
the
United
States
for
installation
on
a
marine
vessel,
recreational
vehicle,
or
other
nonroad
equipment
for
export
back
to
the
United
States.
Those
engines
would
be
subject
to
the
emission
standards
that
apply
on
the
date
the
engine
was
originally
manufactured.
If
the
engine
is
later
modified
and
certified
(
or
recertified),
the
engine
is
subject
to
emission
standards
that
apply
on
the
date
the
modification
is
complete.
So,
for
example,
foreign
boat
builders
buying
U.
S.­
made
engines
without
recertifying
the
engines
will
need
to
make
sure
they
purchase
complying
engines
for
the
products
they
sell
in
the
U.
S.
We
also
do
not
exempt
engines
exported
to
countries
that
share
our
emission
standards.

5.
Are
Any
New
Engines
or
Vehicles
in
the
Applicable
Categories
Not
Subject
to
Emission
Standards
of
This
Rule?

We
are
extending
our
basic
nonroad
exemptions
to
the
engines
and
vehicles
covered
by
this
rulemaking.
These
include
the
testing
exemption,
the
manufacturer­
owned
exemption,
the
display
exemption,
and
the
nationalsecurity
exemption.
These
exemptions
are
described
in
more
detail
in
Section
VII.
C.
In
addition,
the
Clean
Air
Act
does
not
consider
stationary
engines
or
engines
used
solely
for
competition
to
be
nonroad
engines,
so
the
emission
standards
do
not
apply
to
them.
Refer
to
the
program
discussions
below
for
a
description
of
how
these
exclusions
or
exemptions
apply
for
different
categories
of
engines.

B.
Emission
Standards
and
Testing
1.
Which
Pollutants
Are
Covered
by
Emission
Standards?

Engines
subject
to
the
exhaust
emission
standards
must
meet
standards
based
on
measured
levels
of
specified
pollutants,
such
as
NOX,
HC,
or
CO,
though
not
all
engines
have
standards
for
each
pollutant.
Diesel
engines
generally
must
also
meet
a
PM
emission
standard.
In
addition,
there
may
be
standards
or
other
requirements
for
crankcase,
evaporative,
or
permeation
emissions,
as
described
below.
The
emission
standards
are
effective
on
a
model­
year
basis.
We
define
model
year
much
like
we
do
for
passenger
cars.
It
generally
means
either
the
calendar
year
or
some
other
annual
production
period
based
on
the
manufacturer's
production
practices.
A
model
year
may
include
January
1
from
only
one
year.

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For
example,
manufacturers
could
start
selling
2006
model
year
engines
as
early
as
January
2,
2005,
as
long
as
the
production
period
extends
until
at
least
January
1,
2006.
All
of
a
manufacturer's
engines
from
a
given
model
year
must
meet
emission
standards
for
that
model
year.
For
example,
manufacturers
producing
new
engines
in
the
2006
model
year
need
to
comply
with
the
2006
standards.
The
model
year
of
a
particular
engine
is
determined
based
on
the
date
that
the
engine
is
fully
assembled.
In
the
case
of
recreational
vehicles,
this
generally
applies
to
the
final
assembly
of
the
whole
vehicle,
since
the
emission
standards
apply
to
the
vehicle.
Refer
to
the
individual
program
discussions
below
or
the
regulations
for
additional
information
about
model
year
periods,
including
how
to
define
what
model
year
means
in
less
common
scenarios,
such
as
installing
used
engines
in
new
equipment.

2.
What
Standards
Apply
to
Crankcase,
Evaporative,
Permeation,
and
Other
Emissions?
Blow­
by
of
combustion
gases
and
the
reciprocating
action
of
the
piston
can
cause
exhaust
emissions
to
accumulate
in
the
crankcase
of
four­
stroke
engines.
Uncontrolled
engine
designs
route
these
vapors
directly
to
the
atmosphere,
where
they
contribute
to
ambient
levels
of
hydrocarbons.
We
have
long
required
that
automotive
engines
prevent
emissions
from
their
crankcases.
Manufacturers
typically
do
this
by
routing
crankcase
vapors
through
a
valve
into
the
engine's
air
intake
system.
We
generally
require
in
this
rulemaking
that
engines
control
crankcase
emissions.
Vehicles
with
spark­
ignition
engines
use
fuel
that
is
volatile
and
the
unburned
fuel
can
be
released
into
the
ambient
air.
We
are
adopting
standards
to
limit
evaporative
emissions
from
the
fuel.
Evaporative
emissions
result
from
heating
gasoline
or
other
volatile
fuels
in
a
tank
that
is
vented
to
the
atmosphere
or
from
permeation
through
plastic
fuel
tanks
and
rubber
hoses.
Section
IV
describes
the
permeation
standards
for
recreational
vehicles.
Section
V
provides
additional
information
on
the
evaporative
emission
standards
for
Large
SI
engines.
We
are
also
adopting
a
general
requirement
that
all
engines
subject
to
this
final
rule
may
not
cause
or
contribute
to
an
unreasonable
risk
to
public
health,
welfare,
or
safety,
especially
with
respect
to
noxious
or
toxic
emissions
that
may
increase
as
a
result
of
emission­
control
technologies.
The
regulatory
language
has
been
modified
consistent
with
the
alternate
language
suggested
in
the
proposal.
This
alternate
language
implements
sections
202(
a)(
4)
and
206(
a)(
3)
of
the
Act
and
clarifies
that
the
purpose
of
this
requirement
is
to
prevent
control
technologies
that
would
cause
unreasonable
risks,
rather
than
to
prevent
trace
emissions
of
any
noxious
compounds.
For
example,
this
requirement
would
prevent
the
use
of
emission­
control
technologies
that
produce
high
levels
of
pollutants
for
which
we
have
not
set
emission
standards,
but
nevertheless
pose
a
risk
to
the
public.
However,
it
should
be
noted
that
this
would
generally
not
apply
to
exhaust
gas
recirculation
systems
on
gasoline­
or
diesel­
fueled
engines.

3.
What
Duty
Cycles
Is
EPA
Adopting
for
Emission
Testing?
Testing
an
engine
for
exhaust
emissions
typically
consists
of
exercising
it
over
a
prescribed
duty
cycle
of
speeds
and
loads,
typically
using
an
engine
or
chassis
dynamometer.
The
duty
cycle
used
to
measure
emissions
for
certification,
which
is
generally
derived
from
typical
operation
from
the
field,
is
critical
in
evaluating
the
likely
emissions
performance
of
engines
designed
to
emission
standards.
Testing
for
recreational
marine
diesel
engines
and
Large
SI
engines
may
also
include
additional
operation
not
included
in
the
specific
duty
cycles.
Steady­
state
testing
consists
of
engine
operation
for
an
extended
period
at
several
speed­
load
combinations.
Associated
with
these
test
points
are
weighting
factors
that
allow
calculation
of
a
single
weighted­
average
steady­
state
emission
level
in
g/
kW.
Transient
testing
involves
a
continuous
trace
of
specified
engine
or
vehicle
operation;
emissions
are
collected
over
the
whole
testing
period
for
a
single
mass
measurement.
See
Section
VIII.
C
for
a
discussion
of
how
we
define
maximum
test
speed
and
intermediate
speed
for
engine
testing.
Refer
to
the
program
discussions
below
for
more
information
about
the
type
of
duty
cycle
required
for
testing
the
various
engines
and
vehicles.
Those
sections
also
include
information
regarding
testing
provisions
that
do
not
rely
on
specific
operating
cycles
(
i.
e.,
field­
testing,
not­
to
exceed
testing,
and
evaporative
testing).

4.
How
Do
Adjustable
Engine
Parameters
Affect
Emission
Testing?
Many
engines
are
designed
with
components
that
can
be
adjusted
for
optimum
performance
under
changing
conditions,
such
as
varying
fuel
quality,
high
altitude,
or
engine
wear.
Examples
of
adjustable
parameters
include
spark
timing,
idle­
speed
setting,
and
fuelinjection
timing.
While
we
recognize
the
need
for
this
practice,
we
are
also
concerned
that
engines
maintain
an
appropriate
level
of
emission
control
for
the
whole
range
of
adjustability.
Manufacturers
must
therefore
show
that
their
engines
meet
emission
standards
over
the
full
adjustment
range.
Manufacturers
must
also
provide
a
physical
stop
to
prevent
adjustment
outside
the
established
range.
Operators
are
then
prohibited
by
the
antitampering
provisions
from
adjusting
engines
outside
this
range.

5.
What
Are
Voluntary
Low­
Emission
Engines
and
Blue
Sky
Standards?
Several
state
and
environmental
groups
and
manufacturers
of
emission
controls
have
supported
our
efforts
to
develop
incentive
programs
to
encourage
engine
technologies
that
go
beyond
federal
emission
standards.
Some
companies
have
already
significantly
developed
these
technologies.
In
the
final
rule
for
landbased
nonroad
diesel
engines,
we
included
a
program
of
voluntary
standards
for
low­
emitting
engines,
referring
to
these
as
``
Blue
Sky
Series''
engines
(
63
FR
56967,
October
23,
1998).
We
included
similar
programs
for
commercial
marine
diesel
engines.
The
general
purposes
of
such
programs
are
to
provide
incentives
to
manufacturers
to
produce
clean
products,
as
well
as
to
create
market
choices
and
opportunities
for
environmental
information
for
consumers
regarding
such
products.
We
are
adopting
voluntary
Blue
Sky
Series
standards
for
some
of
the
engines
subject
to
this
final
rule.
Creating
a
program
of
voluntary
standards
for
lowemitting
engines,
including
testing
and
durability
provisions
to
help
ensure
adequate
in­
use
performance,
will
be
a
step
forward
in
advancing
emissioncontrol
technologies.
While
these
are
voluntary
standards,
they
become
binding
once
a
manufacturer
chooses
to
participate.
EPA
certification
will
therefore
provide
protection
against
false
claims
of
environmentally
beneficial
products.

C.
Demonstrating
Compliance
We
are
adopting
a
compliance
program
to
accompany
the
final
emission
standards.
This
consists
first
of
a
process
for
demonstrating
that
new
engine
models
comply
with
the
emission
standards.
In
addition
to
newengine
testing,
several
provisions
ensure
that
emission­
control
systems
will
continue
to
function
over
long­
term
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Rules
and
Regulations
operation
in
the
field.
Most
of
these
certification
provisions
are
consistent
with
previous
rulemakings
for
other
nonroad
engines.
Refer
to
the
discussion
of
the
specific
programs
below
for
additional
information
about
these
requirements
for
each
engine
category.

1.
How
Do
I
Certify
My
Engines?
We
are
adopting
a
certification
process
similar
to
that
already
established
for
other
nonroad
engines.
Manufacturers
generally
test
representative
prototype
engines
and
submit
the
emission
data
along
with
other
information
to
EPA
in
an
application
for
a
Certificate
of
Conformity.
If
we
approve
the
application,
EPA
issues
a
Certificate
of
Conformity
which
allows
the
manufacturer
to
produce
and
sell
the
engines
described
in
the
application
in
the
U.
S.
Manufacturers
certify
their
engine
models
by
grouping
them
into
engine
families
that
have
similar
emission
characteristics.
The
engine
family
definition
is
fundamental
to
the
certification
process
and
to
a
large
degree
determines
the
amount
of
testing
required
for
certification.
The
regulations
include
specific
engine
characteristics
for
grouping
engine
families
for
each
category
of
engines.
To
address
a
manufacturer's
unique
product
mix,
we
may
approve
using
broader
or
narrower
engine
families.
Engine
manufacturers
are
responsible
to
build
engines
that
meet
the
emission
standards
over
each
engine's
useful
life.
The
useful
life
we
adopt
by
regulation
is
intended
to
reflect
the
period
during
which
engines
are
designed
to
properly
function
without
being
remanufactured
or
the
average
service
life.
Useful
life
values,
which
are
expressed
in
terms
of
years
or
amount
of
operation
(
in
hours
or
kilometers),
vary
by
engine
category,
as
described
in
the
following
sections.
Consistent
with
other
recent
EPA
programs,
we
generally
consider
this
useful
life
value
in
amount
of
operation
to
be
a
minimum
value,
requiring
manufacturers
to
comply
for
a
longer
period
in
those
cases
where
their
engines
operate
longer
than
the
minimum
useful
life.
The
emission­
data
engine
is
the
engine
from
an
engine
family
that
will
be
used
for
certification
testing.
To
ensure
that
all
engines
in
the
family
meet
the
standards,
manufacturers
must
select
the
engine
most
likely
to
exceed
emission
standards
in
a
family
for
certification
testing.
In
selecting
this
``
worst­
case''
engine,
the
manufacturer
uses
good
engineering
judgment.
Manufacturers
consider,
for
example,
all
engine
configurations
and
power
ratings
within
the
engine
family
and
the
range
of
installed
options
allowed.
Requiring
the
worst­
case
engine
to
be
tested
helps
the
manufacturer
be
sure
that
all
engines
within
the
engine
family
are
complying
with
emission
standards.
Manufacturers
estimate
the
rate
of
deterioration
for
each
engine
family
over
its
useful
life
and
show
that
engines
continue
to
meet
standards
after
incorporating
the
estimated
deterioration.
We
may
also
test
the
engines
ourselves.
Manufacturers
must
include
in
their
application
for
certification
the
results
of
emission
tests
showing
that
the
engine
family
meets
emission
standards.
In
addition,
we
may
ask
the
manufacturer
to
include
any
additional
data
from
their
emission­
data
engines,
including
any
diagnostic­
type
measurements
(
such
as
ppm
testing)
and
invalidated
tests.
This
complete
set
of
test
data
ensures
that
the
valid
tests
forming
the
basis
of
the
manufacturer's
application
are
a
robust
indicator
of
emission­
control
performance,
rather
than
a
spurious
or
incidental
test
result.
We
are
adopting
test­
fuel
specifications
intended
to
represent
inuse
fuels.
Engines
must
be
able
to
meet
the
standards
on
fuels
with
properties
anywhere
in
the
specified
ranges.
The
test
fuel
is
generally
to
be
used
for
all
testing
associated
with
the
regulations,
including
certification,
production­
line
testing,
and
in­
use
testing.
Refer
to
the
program
discussions
below
related
to
test
fuel
specifications.
We
require
engine
manufacturers
to
give
engine
buyers
instructions
for
properly
maintaining
their
engines.
We
are
including
limitations
on
the
frequency
of
scheduled
maintenance
that
a
manufacturer
may
specify
for
emission­
related
components
to
help
ensure
that
emission­
control
systems
don't
depend
on
an
unreasonable
expectation
of
maintenance
in
the
field.
These
maintenance
limits
also
apply
during
any
service
accumulation
that
a
manufacturer
may
do
to
establish
deterioration
factors.
This
approach
is
common
to
all
our
engine
programs.
It
is
important
to
note,
however,
that
these
provisions
don't
limit
the
maintenance
an
operator
may
perform;
it
merely
limits
the
maintenance
that
operators
can
be
expected
to
perform
on
a
regularly
scheduled
basis.
Refer
to
the
discussion
of
the
specific
programs
below
for
additional
information
about
the
allowable
maintenance
intervals
for
each
category
of
engines.
Once
an
engine
family
is
certified,
we
require
every
engine
a
manufacturer
produces
from
the
engine
family
to
have
a
label
with
basic
identifying
information.
The
design
and
content
of
engine
labels
is
specified
in
the
regulations.

2.
What
Warranty
Requirements
Apply
to
Certified
Engines?
Consistent
with
our
current
emissioncontrol
programs,
manufacturers
must
provide
a
design
and
defect
warranty
covering
emission­
related
components
for
a
minimum
period
specified
in
the
regulations.
This
minimum
period
is
generally
half
of
the
useful
life
period.
The
regulations
also
provide
that
the
manufacturer's
emission
warranty
period
could
be
adjusted
to
a
value
higher
than
the
minimum
period
for
those
cases
where
the
manufacturer
provides
a
longer
mechanical
warranty
for
the
engine
or
any
of
its
components;
this
includes
extended
warranties
that
are
available
for
an
extra
price.
Any
such
adjustment
would
be
dependent
on
the
average
service
life
of
the
vehicle
as
well.
The
manufacturer
generally
does
not
need
to
include
scheduled
maintenance
or
other
routine
maintenance
under
the
emission
warranty.
See
the
regulation
language
for
a
detailed
description
of
the
components
that
are
considered
to
be
emission­
related.
If
an
operator
makes
a
valid
warranty
claim
for
an
emission­
related
component
during
the
warranty
period,
the
engine
manufacturer
is
generally
obligated
to
replace
the
component
at
no
charge
to
the
operator.
The
engine
manufacturer
may
deny
warranty
claims,
however,
if
the
operator
caused
the
component
failure
by
misusing
the
engine
or
failing
to
do
necessary
maintenance.
We
are
also
adopting
a
defect
reporting
requirement
that
applies
separate
from
the
emission­
related
warranty
(
see
Section
VII.
F).
In
general,
defect
reporting
applies
when
a
manufacturer
discovers
a
pattern
of
component
failures,
whether
that
information
comes
from
warranty
claims,
voluntary
investigation
of
product
quality,
or
other
sources.

3.
Can
I
Use
Emission
Averaging
To
Show
That
I
Meet
Emission
Standards?
Many
of
our
mobile
source
emissioncontrol
programs
include
voluntary
use
of
emission
credits
to
facilitate
implementation
of
emission
controls.
An
emission­
credit
program
is
an
important
factor
we
take
into
consideration
in
setting
emission
standards
that
are
appropriate
under
Clean
Air
Act
section
213.
An
emissioncredit
program
can
improve
the
technological
feasibility
and
reduce
the
cost
of
achieving
standards,
allowing
us
to
consider
a
more
stringent
emission
standard
than
might
otherwise
be
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2002
/
Rules
and
Regulations
36
We
consider
an
engine
to
be
randomly
selected
if
it
undergoes
normal
assembly
and
manufacturing
procedures.
An
engine
is
not
randomly
selected
if
it
has
been
built
with
any
kind
of
special
components
or
procedures.
appropriate,
including
a
compliance
date
for
the
standards
earlier
than
would
otherwise
be
appropriate.
Manufacturers
gain
flexibility
in
product
planning
and
introduction
of
product
lines
meeting
a
new
standard.
Emission­
credit
programs
also
create
an
incentive
for
the
early
introduction
of
new
technology,
which
allows
certain
engine
families
to
act
as
trailblazers
for
new
technology.
This
can
help
provide
valuable
information
to
manufacturers
on
the
technology
before
they
apply
the
technology
throughout
their
product
line.
This
early
introduction
of
clean
technology
improves
the
feasibility
of
achieving
the
standards
and
can
provide
valuable
information
for
use
in
other
regulatory
programs
that
may
benefit
from
similar
technologies.
Emission­
credit
programs
may
involve
averaging,
banking,
or
trading.
Averaging
allows
a
manufacturer
to
certify
one
or
more
engine
families
at
emission
levels
above
the
applicable
emission
standards,
as
long
as
the
increased
emissions
from
that
engine
family
are
offset
by
one
or
more
engine
families
certified
below
the
applicable
standards.
The
over­
complying
engine
families
generate
credits
that
are
used
by
the
under­
complying
engine
families.
Compliance
is
determined
taking
into
account
differences
in
production
volume,
power
and
useful
life
among
engine
families.
The
average
of
all
the
engine
families
for
a
particular
manufacturer's
production
must
be
at
or
below
the
level
of
the
applicable
emission
standards.
This
calculation
generally
factors
in
sales­
weighted
average
power,
production
volume,
and
useful
life.
Banking
allows
a
manufacturer
to
generate
emission
credits
and
bank
them
for
future
use
in
its
own
averaging
program
in
later
years.
Trading
allows
transfer
of
credits
to
another
company.
In
general,
a
manufacturer
choosing
to
participate
in
an
emission­
credit
program
certifies
each
participating
engine
family
to
a
Family
Emission
Limit.
In
its
certification
application,
a
manufacturer
determines
a
separate
Family
Emission
Limit
for
each
pollutant
included
in
the
emissioncredit
program.
The
Family
Emission
Limit
selected
by
the
manufacturer
becomes
the
emission
standard
for
each
engine
in
that
engine
family.
Emission
credits
are
based
on
the
difference
between
the
emission
standard
that
applies
to
the
family
and
the
Family
Emission
Limit.
Manufacturers
must
meet
the
Family
Emission
Limit
for
all
emission
testing
of
any
engine
in
that
family.
At
the
end
of
the
model
year,
manufacturers
must
show
that
the
net
effect
of
all
their
engine
families
participating
in
the
emission­
credit
program
is
a
zero
balance
or
a
net
positive
balance
of
credits.
A
manufacturer
may
generally
choose
to
include
only
a
single
pollutant
from
an
engine
family
in
the
emission­
credit
program
or,
alternatively,
to
establish
a
Family
Emission
Limit
for
each
of
the
regulated
pollutants.
Refer
to
the
program
discussions
below
for
more
information
about
emission­
credit
provisions
for
individual
engine
categories.

4.
What
Are
the
Production­
Line
Testing
Requirements?
We
are
adopting
production­
line
testing
requirements
for
recreational
marine
diesel
engines,
recreational
vehicles,
and
Large
SI
engines.
Manufacturers
must
routinely
test
production­
line
engines
to
help
ensure
that
newly
assembled
engines
control
emissions
at
least
as
well
as
the
emission­
data
engines
tested
for
certification.
Production­
line
testing
serves
as
a
quality­
control
step,
providing
information
to
allow
early
detection
of
any
problems
with
the
design
or
assembly
of
freshly
manufactured
engines.
This
is
different
than
selective
enforcement
auditing,
in
which
we
would
give
a
test
order
for
more
rigorous
testing
for
a
small
subset
of
production­
line
engines
in
a
particular
engine
family
(
see
Section
VII.
E).
Production­
line
testing
requirements
are
already
common
to
several
categories
of
nonroad
engines
as
part
of
their
emission­
control
program.
If
an
engine
fails
to
meet
an
emission
standard,
the
manufacturer
must
modify
it
to
bring
that
specific
engine
into
compliance.
Manufacturers
may
adjust
the
engine
family's
Family
Emission
Limit
to
take
into
account
the
results
from
production­
line
testing
(
if
applicable).
If
too
many
engines
exceed
emission
standards,
this
indicates
it
is
more
of
a
family­
wide
problem
and
the
manufacturer
must
correct
the
problem
for
all
affected
engines.
The
remedy
may
involve
changes
to
assembly
procedures
or
engine
design,
but
the
manufacturer
must,
in
any
case,
do
sufficient
testing
to
show
that
the
engine
family
complies
with
emission
standards
before
producing
more
engines.
The
remedy
may
also
need
to
address
engines
already
produced
since
the
last
showing
that
production­
line
engines
met
emission
standards.
The
production­
line
testing
programs
for
Large
SI
engines
and
for
recreational
vehicles
depend
on
the
Cumulative
Sum
(
CumSum)
statistical
process
for
determining
the
number
of
engines
a
manufacturer
needs
to
test
(
see
the
regulations
for
the
specific
calculation
methodology).
Each
manufacturer
generally
selects
engines
randomly
at
the
beginning
of
each
new
quarter.
36
If
engines
must
be
tested
at
a
facility
where
final
assembly
is
not
yet
completed,
manufacturers
must
randomly
select
engine
components
and
assemble
the
test
engine
according
to
their
established
assembly
instructions.
The
Cumulative
Sum
program
uses
the
emission
results
to
calculate
the
number
of
tests
required
for
the
remainder
of
the
year
to
reach
a
pass
or
fail
determination
for
production­
line
testing.
If
tested
engines
have
emissions
close
to
the
standard,
the
statistical
sampling
method
calls
for
an
increased
number
of
tests
to
show
whether
to
make
a
pass
or
fail
determination
for
the
engine
family.
The
remaining
number
of
tests
is
recalculated
after
the
manufacturer
tests
each
engine.
Engines
selected
should
cover
the
broadest
range
of
production
configurations
possible.
Tests
should
also
be
distributed
evenly
throughout
the
sampling
period
to
the
extent
possible.
If
an
engine
family
fails
the
production­
line
testing
criteria,
we
may
suspend
the
Certificate
of
Conformity.
Under
the
CumSum
approach,
individual
engines
can
exceed
the
emission
standards
without
causing
the
whole
engine
family
to
exceed
the
production­
line
testing
criteria.
The
production­
line
testing
criteria
are
designed
to
determine
if
there
is
a
problem
that
applies
broadly
across
the
engine
family.
Whether
or
not
the
production­
line
testing
criteria
are
met,
manufacturers
must
adjust
or
repair
every
failing
engine
and
retest
it
to
show
that
it
meets
the
emission
standards.
Note
also
that
all
production­
line
emission
measurements
must
be
included
in
the
periodic
reports
to
us.
This
includes
any
type
of
screening
or
surveillance
tests
(
including
ppm
measurements),
all
data
points
for
evaluating
whether
an
engine
controls
emissions
``
off­
cycle,''
and
any
engine
tests
that
exceed
the
minimum
required
level
of
testing.
The
regulations
allow
us
to
reduce
testing
requirements
for
engine
families
that
consistently
pass
the
productionline
testing
criteria.
For
engine
families
that
pass
all
of
the
production­
line
test
requirements
for
two
consecutive
years,
the
manufacturer
may
request
a
reduced
testing
rate.
The
minimum
testing
rate
is
one
test
per
engine
family
for
one
year.
Our
approval
for
a
reduced
testing
rate
may
be
limited
to
a
single
model
year,

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/
Rules
and
Regulations
37
Almost
all
recreational
vehicles
are
equipped
with
spark­
ignition
engines.
Any
diesel
engines
used
in
these
applications
must
meet
our
emission
standards
for
nonroad
diesel
engines.
but
manufacturers
may
continue
to
request
reduced
testing
rates.
As
we
have
concluded
in
other
engine
programs,
some
manufacturers
may
have
unique
circumstances
that
call
for
different
methods
to
show
that
production
engines
comply
with
emission
standards.
A
manufacturer
may
therefore
suggest
an
alternate
plan
for
testing
production­
line
engines,
as
long
as
the
alternate
program
is
as
effective
at
ensuring
that
the
engines
will
comply.
A
manufacturer's
petition
to
use
an
alternate
plan
should
address
the
need
for
the
alternative
and
should
justify
any
changes
from
the
regular
testing
program.
The
petition
must
also
describe
in
detail
the
equivalent
thresholds
and
failure
rates
for
the
alternate
plan.
If
we
approve
the
plan,
we
will
use
these
criteria
to
determine
when
an
engine
family
passes
or
fails
the
production­
line
testing
criteria.
It
is
important
to
note
that
this
allowance
is
intended
only
as
a
flexibility,
and
is
not
intended
to
affect
the
stringency
of
the
standards
or
the
production­
line
testing
program.
Refer
to
the
specific
program
discussions
below
for
additional
information
about
production­
line
testing
for
different
types
of
engines.

D.
Other
Concepts
1.
What
Are
Emission­
Related
Installation
Instructions?

Manufacturers
selling
loose
engines
to
equipment
manufacturers
must
develop
a
set
of
emission­
related
installation
instructions.
These
instructions
include
anything
the
installer
needs
to
know
to
ensure
that
the
engine
operates
within
its
certified
design
configuration.
For
example,
the
installation
instructions
could
specify
a
total
capacity
needed
from
the
engine
cooling
system,
placement
of
catalysts
after
final
assembly,
or
specification
of
parts
needed
to
control
evaporative
or
permeation
emissions.
We
approve
emission­
related
installation
instructions
as
part
of
the
certification
process.
If
equipment
manufacturers
fail
to
follow
the
established
emissionrelated
installation
instructions,
we
will
consider
this
tampering,
which
may
subject
them
to
significant
civil
penalties.
Refer
to
the
program
discussions
below
for
more
information
about
specific
provisions
related
to
installation
instructions.

2.
Are
There
Special
Provisions
for
Small
Manufacturers
of
These
Engines
and
Vehicles?

The
scope
of
this
rule
includes
many
engine
and
vehicle
manufacturers
that
have
previously
not
been
subject
to
our
mobile
source
regulations
or
certification
process.
Some
of
these
manufacturers
are
small
businesses,
with
unique
concerns
relating
to
the
compliance
burden
from
the
general
regulating
program.
The
sections
describing
the
emission­
control
program
include
discussion
of
special
compliance
provisions
designed
to
address
this
for
the
different
engine
categories.

III.
Recreational
Vehicles
and
Engines
A.
Overview
We
are
adopting
new
exhaust
emission
standards
for
snowmobiles,
off­
highway
motorcycles,
and
all­
terrain
vehicles
(
ATVs).
The
engines
used
in
these
vehicles
are
a
subset
of
nonroad
SI
engines.
37
In
our
program
to
set
exhaust
emission
standards
for
nonroad
sparkignition
engines
below
19
kW
(
Small
SI),
we
excluded
recreational
vehicles
because
they
have
different
design
characteristics
and
usage
patterns
than
certain
other
engines
in
the
Small
SI
category.
For
example,
engines
typically
found
in
the
Small
SI
category
are
used
in
lawn
mowers,
chainsaws,
trimmers,
and
other
lawn
and
garden
applications.
These
engines
tend
to
have
low
power
outputs
and
operate
at
constant
loads
and
speeds,
whereas
recreational
vehicles
can
have
high
power
outputs
with
highly
variable
engine
loads
and
speeds.
This
suggests
that
these
engines
should
be
regulated
differently
than
Small
SI
engines.
In
the
same
way,
we
treat
snowmobiles,
off­
highway
motorcycles,
and
ATVs
separately
from
our
Large
SI
engine
program,
which
is
described
in
Section
V.
Recreational
vehicles
that
are
not
snowmobiles,
offhighway
motorcycles,
or
ATVs,
will
be
subject
to
the
standards
that
otherwise
apply
to
small
nonroad
spark­
ignition
engines
(
see
Section
III.
B.
2).
We
are
adopting
exhaust
emission
standards
for
HC
and
CO
from
all
recreational
vehicles.
We
are
adopting
an
additional
requirement
to
control
NOX
from
off­
highway
motorcycles
and
ATVs.
We
believe
that
vehicle
and
engine
manufacturers
will
be
able
to
use
technology
already
established
for
other
types
of
engines,
such
as
highway
motorcycles,
small
spark­
ignition
engines,
and
marine
engines,
to
meet
these
standards.
We
recognize
that
some
small
businesses
manufacture
recreational
vehicles;
we
are
therefore
adopting
several
special
compliance
provisions
to
reduce
the
burden
of
emission
regulations
on
small
businesses.

1.
What
Are
Recreational
Vehicles
and
Who
Makes
Them?
We
are
adopting
new
exhaust
emission
standards
for
off­
highway
motorcycles,
ATVs,
and
snowmobiles.
Eight
large
manufacturers
dominate
the
sales
of
these
recreational
vehicles.
Of
these
eight
manufacturers,
seven
of
them
manufacture
two
or
more
of
the
three
main
types
of
recreational
vehicles.
For
example,
there
are
four
companies
that
manufacture
both
offhighway
motorcycles
and
ATVs.
There
are
three
companies
that
manufacture
ATVs
and
snowmobiles;
one
company
manufactures
all
three.
These
eight
companies
represent
approximately
95
percent
of
all
domestic
sales
of
recreational
vehicles.
a.
Off­
highway
motorcycles.
Motorcycles
are
two­
wheeled,
selfpowered
vehicles
that
come
in
a
variety
of
configurations
and
styles.
Offhighway
motorcycles
are
similar
in
appearance
to
highway
motorcycles,
but
there
are
several
important
distinctions
between
the
two
types
of
machines.
Offhighway
motorcycles
are
not
street­
legal
and
are
primarily
operated
on
public
and
private
lands
over
trails
and
open
areas.
A
significant
number
are
used
in
competition
events.
Off­
highway
motorcycles
tend
to
be
much
smaller,
lighter
and
more
maneuverable
than
their
larger
highway
counterparts.
They
are
equipped
with
relatively
smalldisplacement
single­
cylinder
two­
or
four­
stroke
engines
ranging
from
48
to
650
cubic
centimeters
(
cc)
in
size.
The
exhaust
systems
for
off­
highway
motorcycles
are
distinctively
routed
high
on
the
frame
to
prevent
damage
from
brush,
rocks,
and
water.
Offhighway
motorcycles
are
designed
to
be
operated
over
varying
surfaces,
such
as
dirt,
sand,
or
mud,
and
are
equipped
with
knobby
tires
to
give
better
traction
in
off­
road
conditions.
Unlike
highway
motorcycles,
off­
highway
motorcycles
have
fenders
mounted
far
from
the
wheels
and
closer
to
the
rider
to
keep
dirt
and
mud
from
spraying
the
rider
and
clogging
between
the
fender
and
tire.
Off­
highway
motorcycles
are
also
equipped
with
more
advanced
suspension
systems
than
those
for
highway
motorcycles.
This
allows
the
operator
to
ride
over
obstacles
and
make
jumps
safely.
Five
companies
dominate
sales
of
offhighway
motorcycles.
They
are
longestablished
large
corporations
that
manufacture
several
different
products
including
highway
and
off­
highway
motorcycles.
These
five
companies
account
for
90
to
95
percent
of
all
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Vol.
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No.
217
/
Friday,
November
8,
2002
/
Rules
and
Regulations
38
Notice
to
Off­
Highway
Recreational
Vehicle
Manufacturers
and
All
Other
Interested
Parties
Regarding
Alternate
Emission
Standards
for
All­
Terrain
Vehicles,
Mail
Out
#
95
 
16,
April
28,
1995,
California
ARB
(
Docket
A
 
2000
 
01,
document
II
 
D
 
06).
domestic
sales
of
off­
highway
motorcycles.
There
are
also
several
relatively
small
companies
that
manufacture
off­
highway
motorcycles,
many
of
which
specialize
in
competition
machines.
b.
All­
terrain
vehicles.
The
earliest
ATVs
were
three­
wheeled
off­
highway
models
with
large
balloon
tires
that
existed
in
the
early
1970'
s.
Due
to
safety
concerns,
the
three­
wheeled
ATVs
were
phased­
out
in
the
mid­
1980s
and
replaced
by
the
current
and
more
popular
four­
wheeled
vehicle
known
as
``
quad
runners''
or
simply
``
quads.''
Quads
resemble
the
earlier
threewheeled
ATVs
except
that
the
single
front
wheel
was
replaced
with
two
wheels.
The
ATV
steering
system
uses
motorcycle
handlebars,
rather
than
a
steering
wheel.
The
operator
sits
on
and
rides
the
quad
much
like
a
motorcycle.
The
engines
used
in
quads
tend
to
be
very
similar
to
those
used
in
offhighway
motorcycles
 
relatively
small,
single­
cylinder
two­
or
four­
stroke
engines.
Quads
are
typically
divided
into
utility
and
sport
models.
The
utility
quads
are
designed
for
multi­
function
use
and
have
the
ability
to
perform
many
utility
functions,
such
as
plowing
snow,
tilling
gardens,
and
mowing
lawns
in
addition
to
use
for
recreational
riding.
They
are
typically
heavier
and
equipped
with
relatively
large
fourstroke
engines
and
automatic
transmissions
with
a
reverse
gear.
Sport
quads
are
smaller
and
lighter
and
designed
primarily
for
recreational
purposes.
They
are
equipped
with
two­
or
four­
stroke
engines
and
manual
transmissions.
Presently
utility
ATVs
comprise
about
75
percent
of
the
market
and
sport
models
about
25
percent.
Of
all
of
the
types
of
recreational
vehicles,
ATVs
have
the
largest
number
of
major
manufacturers.
All
but
one
of
the
companies
noted
above
for
offhighway
motorcycles
and
below
for
snowmobiles
are
significant
ATV
producers.
These
seven
companies
represent
over
95
percent
of
total
domestic
ATV
sales.
The
remaining
5
percent
of
sales
come
from
importers,
which
tend
to
import
less
expensive,
youth­
oriented
ATVs.
As
discussed
below,
we
are
requiring
utility
vehicles
capable
of
speeds
above
25
mph
to
comply
the
regulations
for
ATVs.
c.
Snowmobiles.
Snowmobiles,
also
referred
to
as
``
sleds,''
are
tracked
vehicles
designed
to
operate
over
snow.
Snowmobiles
have
some
similarities
to
off­
highway
motorcycles
and
ATVs.
A
snowmobile
rider
sits
on
and
rides
a
snowmobile
similar
to
an
ATV.
Snowmobiles
use
high­
powered
two­
and
three­
cylinder
two­
stroke
engines
that
look
similar
to
off­
highway
motorcycle
engines.
Rather
than
wheels,
snowmobiles
are
propelled
by
a
track
system
similar
to
what
is
used
on
a
bulldozer.
The
snowmobile
is
steered
by
two
skis
at
the
front
of
the
sled.
Snowmobiles
use
handlebars
similar
to
off­
highway
motorcycles
and
ATVs.
The
typical
snowmobile
seats
two
riders
comfortably.
Over
the
years,
snowmobile
performance
has
steadily
increased
to
the
point
that
many
snowmobiles
currently
have
engines
over
100
horsepower
and
are
capable
of
exceeding
100
miles
per
hour.
The
definition
for
snowmobiles
includes
a
limit
of
1.5­
meter
width
to
differentiate
conventional
snowmobiles
from
icegrooming
machines
and
snow
coaches,
which
use
very
different
engines.
There
are
four
major
snowmobile
manufacturers,
accounting
for
more
than
99
percent
of
all
domestic
sales.
The
remaining
sales
come
from
very
small
manufacturers
who
tend
to
specialize
in
high­
performance
designs.
d.
Other
recreational
vehicles.
Currently,
our
Small
SI
nonroad
engine
regulations
cover
all
recreational
engines
that
are
under
19
kW
(
25
hp)
and
have
either
an
installed
speed
governor
or
a
maximum
engine
speed
less
than
5,000
revolutions
per
minute
(
rpm).
Recreational
vehicles
currently
covered
by
the
Small
SI
standards
include
go­
carts,
golf
carts,
and
small
mini­
bikes.
Although
some
off­
highway
motorcycles,
ATVs
and
snowmobiles
have
engines
with
rated
horsepower
less
than
19
kW,
they
all
have
maximum
engine
speeds
greater
than
5,000
rpm.
Thus
they
have
not
been
included
in
the
Small
SI
regulations.
The
only
other
types
of
small
recreational
engines
not
covered
by
the
Small
SI
rule
are
those
engines
under
19
kW
that
aren't
governed
and
have
maximum
engine
speed
of
at
least
5,000
rpm.
There
are
relatively
few
such
vehicles
with
recreational
engines
not
covered
by
the
Small
SI
regulations.
The
best
example
of
vehicles
that
fit
in
this
category
are
stand­
on
scooters
and
skateboards
that
have
been
equipped
with
very
small
gasoline
spark­
ignition
engines.
The
engines
used
on
these
vehicles
are
typically
the
same
as
those
used
in
string
trimmers
or
other
lawn
and
garden
equipment,
which
are
covered
under
the
Small
SI
regulations.
Because
these
engines
are
generally
already
covered
by
the
Small
SI
regulations
and
are
the
same
as,
or
very
similar
to,
engines
as
those
used
in
lawn
and
garden
applications,
we
are
revising
the
Small
SI
rules
to
cover
these
engines
under
the
Small
SI
regulations.
To
avoid
any
problems
in
transitioning
to
meet
emission
standards,
we
are
applying
these
standards
beginning
in
2006.
We
did
not
receive
any
comments
on
this
approach.

2.
What
Is
the
Regulatory
History
for
Recreational
Vehicles?

The
California
Air
Resources
Board
(
California
ARB)
established
standards
for
off­
highway
motorcycles
and
ATVs,
which
took
effect
in
January
1997
(
1999
for
vehicles
with
engines
of
90
cc
or
less).
California
has
not
adopted
standards
for
snowmobiles.
The
standards,
shown
in
Table
III.
A
 
1,
are
based
on
the
highway
motorcycle
chassis
test
procedures.
Manufacturers
may
certify
ATVs
to
optional
standards,
also
shown
in
Table
III.
A
 
1,
which
are
based
on
the
utility
engine
test
procedure.
38
This
is
the
test
procedure
over
which
Small
SI
engines
are
tested.
The
stringency
level
of
the
standards
was
based
on
the
emission
performance
of
small
four­
stroke
engines
and
advanced
two­
stroke
engines
with
a
catalytic
converter.
California
ARB
anticipated
that
the
standards
would
be
met
initially
by
using
high­
performance
four­
stroke
engines.

III.
A
 
1
 
CALIFORNIA
OFF­
HIGHWAY
MOTORCYCLE
AND
ATV
STANDARDS
FOR
MODEL
YEAR
1997
AND
LATER
[
1999
and
later
for
engines
at
or
below
90
cc]

HC
NOX
CO
PM
Off­
highway
motorcycle
and
ATV
standards
(
g/
km)
........................................
a
1.2
........................
15
........................

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2002
/
Rules
and
Regulations
39
Initial
Statement
of
Reasons,
Public
Hearing
to
Consider
Amendments
to
the
California
Regulations
for
New
1997
and
Later
Off­
highway
Recreational
Vehicles
and
Engines,
California
ARB,
October
23,
1998
(
Docket
A
 
2000
 
01,
document
II
 
D
 
08).
40
Otto­
cycle
is
another
name
for
a
reciprocating,
internal­
combustion
engine
that
uses
a
spark
to
ignite
a
homogeneous
air
and
fuel
mixture,
in
which
air­
fuel
mixing
may
occur
inside
or
outside
the
combustion
chamber.
41
Snowmobiles
use
continuously
variable
transmissions,
which
tend
to
operate
like
torque
converters.
HC
+
NOX
CO
PM
Optional
standards
for
ATV
engines
below
225
cc
(
g/
bhp
 
hr)
...................................................
a12.0
300
........................
Optional
standards
for
ATV
engines
at
or
above
225
cc
(
g/
bhp
 
hr)
..........................................
a10.0
300
........................

a
Corporate­
average
standard.

California
revisited
the
program
because
a
lack
of
certified
off­
highway
motorcycles
from
manufacturers
was
reportedly
creating
economic
hardship
for
dealerships.
The
number
of
certified
off­
highway
motorcycle
models
was
particularly
inadequate.
39
In
1998,
California
revised
the
program,
allowing
the
uncertified
products
in
off­
highway
vehicle
recreation
areas
with
regional/
seasonal
use
restrictions.
Currently,
noncomplying
vehicles
may
be
sold
in
California
and
used
in
attainment
areas
year­
round
and
in
nonattainment
areas
during
months
when
exceedances
of
the
state
ozone
standard
are
not
expected.
For
enforcement
purposes,
certified
and
uncertified
products
are
identified
with
green
and
red
stickers,
respectively.
Only
about
one­
third
of
off­
highway
motorcycles
selling
in
California
are
certified.
All
certified
products
have
four­
stroke
engines.

B.
Engines
Covered
by
This
Rule
We
are
adopting
new
emission
standards
for
new
off­
highway
motorcycles,
ATVs,
and
snowmobiles.
(
We
are
also
applying
existing
Small
SI
emission
standards
to
other
recreational
equipment,
as
described
above.)
The
engines
used
in
recreational
vehicles
tend
to
be
small,
air­
or
liquid­
cooled,
reciprocating
Otto­
cycle
engines
that
operate
on
gasoline.
40
Engines
used
in
vehicle
applications
experience
engine
performance
that
is
characterized
by
highly
transient
operation,
with
a
wide
range
of
engine
speed
and
load
capability.
Maximum
engine
speed
are
typically
well
above
5,000
rpm.
Also,
with
the
exception
of
snowmobiles,
the
vehicles
are
typically
equipped
with
transmissions
rather
than
torque
converters
to
ensure
performance
under
a
variety
of
operating
conditions.
41
1.
Two­
Stroke
vs.
Four­
Stroke
Engines
The
engines
used
by
recreational
vehicles
can
be
separated
into
two
distinct
designs:
two­
stroke
and
fourstroke
The
distinction
between
twostroke
and
four­
stroke
engines
is
important
for
emissions
because
twostroke
engines
tend
to
emit
much
greater
amounts
of
unburned
HC
and
PM
than
four­
stroke
engines
of
similar
size
and
power.
Two­
stroke
engines
have
lower
NOX
emissions
than
do
four­
stroke
engines
because
they
experience
a
significant
amount
of
internal
exhaust
gas
recirculation
resulting
from
exhaust
gases
being
drawn
back
into
the
combustion
chamber
on
the
piston's
downward
stroke
while
the
exhaust
port
is
uncovered.
Exhaust
gas
is
inert
and
displaces
fresh
fuel
and
air
that
could
otherwise
be
combusted,
which
creates
lower
in­
cylinder
temperatures
and
thus
less
NOX.
Two­
stroke
engines
also
have
greater
fuel
consumption
than
fourstroke
engines,
but
they
also
tend
to
have
higher
power
output
per­
unit
displacement,
lighter
weight,
and
better
cold­
starting
performance.
These,
and
other
characteristics,
tend
to
make
twostroke
engines
popular
as
a
power
unit
for
recreational
vehicles.
With
the
exception
of
a
few
youth
and
touring
models,
almost
all
snowmobiles
use
two­
stroke
engines.
Currently,
about
63
percent
of
all
off­
highway
motorcycles
(
predominantly
in
high­
performance,
youth,
and
entry­
level
bikes)
and
20
percent
of
all
ATVs
sold
in
the
United
States
use
two­
stroke
engines.
The
basis
for
the
differences
in
engine
performance
and
exhaust
emissions
between
two­
stroke
and
four­
stroke
engines
can
be
found
in
the
fundamental
differences
in
how
twostroke
and
four­
stroke
engines
operate.
Four­
stroke
operation
takes
place
in
four
distinct
steps:
intake,
compression,
power,
and
exhaust.
Each
step
corresponds
to
one
up
or
down
stroke
of
the
piston
or
180
°
of
crankshaft
rotation.
The
first
step
of
the
cycle
is
for
an
intake
valve
in
the
combustion
chamber
to
open
during
the
intake
stroke,
allowing
a
mixture
of
air
and
fuel
to
be
drawn
into
the
cylinder
while
the
piston
moves
down
the
cylinder.
The
intake
valve
then
closes
and
the
momentum
of
the
crankshaft
causes
the
piston
to
move
back
up
the
cylinder,
compressing
the
air
and
fuel
mixture.
At
the
very
end
of
the
compression
stroke,
the
air
and
fuel
mixture
is
ignited
by
a
spark
from
a
spark
plug
and
begins
to
burn.
As
the
air
and
fuel
mixture
burns,
increasing
temperature
and
pressure
cause
the
piston
to
move
back
down
the
cylinder.
This
is
referred
to
as
the
``
power''
stroke.
At
the
bottom
of
the
power
stroke,
an
exhaust
valve
opens
in
the
combustion
chamber
and
as
the
piston
moves
back
up
the
cylinder,
the
burnt
gases
are
pushed
out
through
the
exhaust
valve
to
the
exhaust
manifold,
and
the
cycle
is
complete.
In
a
four­
stroke
engine,
combustion
and
the
resulting
power
stroke
occur
only
once
every
two
revolutions
of
the
crankshaft.
In
a
two­
stroke
engine,
combustion
occurs
every
revolution
of
the
crankshaft.
Two­
stroke
engines
eliminate
the
intake
and
exhaust
strokes,
leaving
only
compression
and
power
strokes.
This
is
due
to
the
fact
that
two­
stroke
engines
do
not
use
intake
and
exhaust
valves.
Instead,
they
have
intake
and
exhaust
ports
in
the
sides
of
the
cylinder
walls.
With
a
twostroke
engine,
as
the
piston
approaches
the
bottom
of
the
power
stroke,
it
uncovers
exhaust
ports
in
the
wall
of
the
cylinder.
The
high
pressure
combustion
gases
blow
into
the
exhaust
manifold.
As
the
piston
gets
closer
to
the
bottom
of
the
power
stroke,
the
intake
ports
are
uncovered,
and
fresh
mixture
of
air
and
fuel
are
forced
into
the
cylinder
while
the
exhaust
ports
are
still
open.
Exhaust
gas
is
``
scavenged''
or
forced
into
the
exhaust
by
the
pressure
of
the
incoming
charge
of
fresh
air
and
fuel.
In
the
process,
however,
some
mixing
between
the
exhaust
gas
and
the
fresh
charge
of
air
and
fuel
takes
place,
so
that
some
of
the
fresh
charge
is
also
emitted
in
the
exhaust.
Losing
part
of
the
fuel
out
of
the
exhaust
during
scavenging
causes
very
high
hydrocarbon
emission
characteristics
of
two­
stroke
engines.
The
other
major
reason
for
high
HC
emissions
from
twostroke
engines
is
their
tendency
to
misfire
under
low­
load
conditions
due
to
greater
combustion
instability.

2.
Applicability
of
Small
SI
Regulations
In
our
regulations
for
Small
SI
engines,
we
established
criteria,
such
as
rated
engine
speed
at
or
above
5,000
rpm
and
the
use
of
a
speed
governor,
that
excluded
engines
used
in
certain
types
of
recreational
vehicles
(
see
40
CFR
90.1(
b)(
5)).
Engines
used
in
some
other
types
of
recreational
vehicles
may
be
covered
by
the
Small
SI
standards,
depending
on
the
characteristics
of
the
engines.
For
example,
lawnmower­
type
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Vol.
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No.
217
/
Friday,
November
8,
2002
/
Rules
and
Regulations
engines
used
in
go
carts
are
typically
covered
by
the
Small
SI
standards
because
they
don't
operate
above
5000
rpm.
Similarly,
engines
used
in
golf
carts
are
included
in
the
Small
SI
program.
As
discussed
above,
we
are
revising
the
Small
SI
regulations
to
include
all
recreational
engines
except
those
in
off­
highway
motorcycles,
ATVs,
snowmobiles,
and
hobby
engines.
Golf
cart
and
go­
cart
engines
will
remain
in
the
Small
SI
program
because
the
vehicles
are
not
designed
for
operation
over
rough
terrain
and
do
not
meet
the
definition
of
ATV.
We
are
accordingly
removing
the
5,000
rpm
and
speed
governor
criteria
from
the
applicability
provisions
of
the
Small
SI
regulations.

3.
Utility
Vehicles
We
proposed
to
define
ATV
as
a
``
nonroad
vehicle
with
three
or
more
wheels
and
a
seat
designed
for
operation
over
rough
terrain
and
intended
primarily
for
transportation'',
and
that
it
would
include
``
both
land­
based
and
amphibious
vehicles''.
We
requested
comment
on
the
proposed
definition
and
based
on
comments,
we
are
modifying
the
definition
to
clearly
exclude
utility
vehicles
not
capable
of
reaching
25
mph.
Utility
vehicles
differ
from
ATVs
in
several
ways.
As
stated
earlier,
an
ATV
is
operated
and
ridden
very
similar
to
a
motorcycle,
with
the
rider
straddling
the
seat
and
using
handlebars
to
steer
the
vehicle.
The
throttle
and
brakes
are
located
on
the
handle
bars,
similar
to
a
motorcycle
and
snowmobile.
Utility
vehicles
look
and
operate
very
similarly
to
golf
carts.
The
operator
sits
on
a
bench
seat
with
a
back
support
that
holds
two
or
more
passengers.
Rather
than
handlebars,
utility
vehicles
use
a
steering
wheel
and
have
throttle
and
brake
pedals
on
the
floor,
similar
to
an
automobile.
Utility
vehicles
also
typically
have
a
cargo
box
or
bed
(
similar
to
that
found
on
a
pickup
truck)
used
for
hauling
cargo.
We
define
an
off­
highway
utility
vehicle
as
a
``
nonroad
vehicle
that
has
four
or
more
wheels,
seating
for
two
or
more
persons,
is
designed
for
operation
over
rough
terrain,
and
has
either
a
rear
payload
of
350
pounds
or
more
or
seating
for
six
or
more
passengers.''
We
are
requiring
utility
vehicles
capable
of
high
speed
operation
(
speeds
greater
than
25
mph)
to
meet
ATV
standards.
For
utility
vehicles
that
are
permanently
governed
and
not
capable
of
reaching
25
mph,
manufacturers
must
either
continue
to
certify
them
to
the
Small
SI
standards
(
or
Large
SI
standards,
if
applicable)
or
optionally
certify
them
to
the
new
ATV
standards.
We
received
comments
from
the
Outdoor
Power
Equipment
Institute
(
OPEI)
that
the
definition
should
be
clarified
to
exclude
utility
vehicles.
Most
utility
vehicles
are
equipped
with
engines
that
are
currently
required
to
meet
EPA
Small
SI
standards.
OPEI
commented
that
utility
vehicles
are
designed
specifically
for
work
related
tasks
and
are
equipped
with
seating
for
passengers,
a
bed
for
cargo,
and
ridingmower
style
controls.
The
industry
differentiates
between
utility
vehicles
based
on
vehicle
speed.
The
vast
majority
of
utility
vehicles
are
considered
``
low­
speed
utility
vehicles''
(
LUVs)
and
are
vehicle
speed
governed
with
maximum
speed
of
less
than
25
mph.
The
engines
used
in
such
vehicles
are
generally
below
25
hp
and
are
typically
used
in
other
lawn
and
garden
or
utility
applications
such
as
generators
or
lawn
tractors.
The
engines
differ
significantly
from
those
used
in
recreational
products
which
are
designed
for
higher
rpm
operation
with
an
emphasis
on
higher
performance.
OPEI
also
provided
comment
on
a
newer
type
of
utility
vehicle,
which
uses
a
more
powerful
(
over
19kW)
ATVbased
engine
and
is
capable
of
speeds
of
up
to
40
mph.
We
are
finalizing
the
approach
described.
The
engines
used
in
lowspeed
utility
vehicles
are
more
similar
in
design
and
use
to
utility
engines
than
ATVs.
The
engines
used
to
power
these
vehicles
are
often
used
in
other
utility
applications,
such
as
lawn
and
garden
tractors
and
generators
and
are
typically
produced
by
companies
that
specialize
in
utility
and
lawn
equipment
rather
than
power
sport
vehicles.
These
products
are
already
certified
to
the
Small
SI
standards.
However,
we
have
some
concerns
with
continuing
to
use
the
Small
SI
program
test
cycle
for
engines
used
in
applications
that
operate
at
broad
engine
speeds.
The
cycle
was
developed
primarily
for
push
lawnmowers
and
other
equipment
that
operates
in
a
narrow
band
of
engine
speeds.
The
Small
SI
test
cycle
measures
emissions
only
at
a
single
high
engine
speed.
We
are
concerned
that
the
Small
SI
test
cycle
may
not
achieve
the
same
emission
reductions
for
off­
highway
utility
vehicles
in
use
as
it
would
for
lawnmowers,
especially
as
more
stringent
standards
go
into
effect.
The
concern
also
applies
to
other
large
rideon
equipment
in
the
Small
SI
program,
such
as
riding
lawn
mowers,
where
engine
speed
is
inherently
variable.
While
the
ATV
program
may
not
be
appropriate
for
these
low­
speed
utility
applications
due
to
operating
and
design
differences,
the
Small
SI
program
as
it
is
currently
designed
may
not
be
completely
appropriate
either.
Since
we
did
not
propose
changes
for
the
Small
SI
program
which
currently
applies
to
utility
vehicles
and
need
to
further
study
the
issues,
we
are
not
finalizing
such
changes
to
the
Small
SI
program
in
this
Final
Rule.
We
plan
to
continue
to
study
the
issue
and,
if
necessary,
address
it
through
a
future
rulemaking
for
the
Small
SI
program.
In
addition
to
test
cycle,
there
are
other
reasons
we
plan
to
continue
to
examine
the
appropriateness
of
the
Small
SI
program
for
large
ride­
on
equipment.
With
respect
to
useful
life,
we
are
concerned
that
off­
highway
utility
vehicles
may
be
designed
to
last
significantly
longer
than
the
typical
lawnmower.
40
CFR
90.105
specifies
useful
life
values
that
vary
by
application
with
the
longest
useful
life
being
1000
hours.
It
is
not
clear
that
this
maximum
value
is
high
enough
to
address
the
expected
life
of
in­
use
offhighway
utility
vehicles,
especially
those
that
are
used
commercially.
Finally,
with
respect
to
the
level
of
the
standards,
we
are
concerned
about
the
relative
stringency
of
the
Small
SI
standards
relative
to
the
long­
term
standards
for
ATVs
and
other
nonroad
vehicles.
Nevertheless,
given
the
lowspeed
operation
of
these
vehicles,
and
other
differences,
we
do
not
believe
that
they
should
be
treated
the
same
as
higher
speed
ATVs.
We
did
not
propose
changes
for
the
Small
SI
program
to
address
the
above
issues
and
need
to
study
them
further.
However,
these
vehicles
are
unique
in
many
ways,
and
should
be
addressed
in
a
future
rulemaking.
Given
the
utility
nature
of
the
lowspeed
vehicles,
we
believe
that
at
least
for
now,
it
is
appropriate
to
continue
to
certify
them
under
40
CFR
part
90.
For
vehicles
capable
of
higher
speeds
(
e.
g.,
greater
than
25
mph),
the
engine
designs
and
vehicle
in­
use
operation
is
likely
to
be
more
like
ATVs.
The
test
procedures
and
standards
for
ATVs
will
better
fit
these
high
speed
vehicles
than
those
in
the
Small
SI
program.
For
regulatory
purposes,
we
are
defining
an
offhighway
utility
vehicle
as
a
nonroad
vehicle
that
has
four
or
more
wheels,
seating
for
two
or
more
persons,
is
designed
for
operation
over
rough
terrain,
and
has
either
a
rear
payload
capacity
of
350
pounds
or
more
or
total
seating
for
six
or
more
passengers.

4.
Hobby
Engines
The
Small
SI
rule
categorized
sparkignition
engines
used
in
model
cars,
boats,
and
airplanes
as
recreational
engines
and
exempted
them
from
the
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/
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8,
2002
/
Rules
and
Regulations
42
80
FR
24292,
April
25,
2000.
43
Comments
submitted
by
Hobbico
on
behalf
of
Great
Plains
Model
Distributors
and
Radio
Control
Hobby
Trade
Association,
February
5,
2001,
Docket
A
 
2000
 
01,
document
II
 
D
 
58.
44
Hobby
engines
with
glow
plugs
are
considered
compression­
ignition
(
diesel)
engines
because
they
lack
a
spark­
ignition
system
and
a
throttle
(
see
the
definition
of
compression­
ignition,
40
CFR
89.2).
The
nonroad
diesel
engine
regulations
40
CFR
part
89
generally
do
not
apply
to
hobby
engines,
so
these
engines
are
unregulated.
45
Comments
submitted
by
Hobbico
on
behalf
of
Great
Plains
Model
Distributors
and
Radio
Control
Hobby
Trade
Association,
February
5,
2001,
Docket
A
 
2000
 
01,
document
II
 
D
 
58.
46
E­
mail
from
Carl
Maroney
of
the
Academy
of
Model
Aeronautics
to
Christopher
Lieske,
of
EPA,
June
4,
2001,
Docket
A
 
2000
 
01,
document
II
 
G
 
144.
47
Comments
submitted
by
Hobbico
on
Behalf
of
Great
Plains
Model
Distributors
and
Radio
Control
Hobby
Trade
Association,
February
5,
2001,
Docket
A
 
2000
 
01,
document
II
 
D
 
58.
48
For
further
information
on
the
feasibility,
emission
inventories,
and
costs,
see
``
Analysis
of
Spark
Ignition
Hobby
Engines'',
Memorandum
from
Chris
Lieske
to
Docket
A
 
2000
 
01,
document
II
 
G
 
144.
49
A
motocross
bike
is
typically
a
highperformance
off­
highway
motorcycle
that
is
designed
to
be
operated
in
motocross
competition.
Motocross
competition
is
defined
as
a
circuit
race
around
an
off­
highway
closed­
course.
The
course
contains
numerous
jumps,
hills,
flat
sections,
and
bermed
or
banked
turns.
The
course
surface
usually
consists
of
dirt,
gravel,
sand,
and
mud.
Motocross
bikes
are
designed
to
be
very
light
for
quick
handling
and
easy
maneuverability.
They
also
come
with
large
knobby
tires
for
traction,
high
fenders
to
protect
the
rider
from
flying
dirt
and
rocks,
aggressive
suspension
systems
that
allow
the
bike
to
absorb
large
amounts
of
shock,
and
are
powered
by
high­
performance
engines.
They
are
not
equipped
with
lights.
50
An
enduro
bike
is
very
similar
in
design
and
appearance
to
a
motocross
bike.
The
primary
difference
is
that
enduros
are
equipped
with
lights
and
have
slightly
different
engine
performance
that
is
more
geared
towards
a
broader
variety
of
operation
than
a
motocross
bike.
An
enduro
bike
Small
SI
program.
42
We
are
continuing
to
exclude
hobby
engines
from
the
Small
SI
program
because
of
significant
engine
design
and
use
differences.
We
also
believe
that
hobby
engines
are
substantially
different
than
engines
used
in
recreational
vehicles
and,
as
proposed,
we
are
not
including
sparkignition
hobby
engines
in
this
final
rule.
We
received
no
comment
on
our
proposed
treatment
of
hobby
engines
or
any
additional
information
on
their
design
or
use.
There
are
about
8,000
spark­
ignition
engines
sold
per
year
for
use
in
scalemodel
aircraft,
cars,
and
boats.
43
This
is
a
very
small
subsection
of
the
overall
model
engine
market,
most
of
which
are
glow­
plug
engines
that
run
on
a
mix
of
castor
oil,
methyl
alcohol,
and
nitro
methane.
44
A
typical
spark­
ignition
hobby
engine
is
approximately
25
cc
with
a
horsepower
rating
of
about
1
 
3
hp,
though
larger
engines
are
available.
These
spark­
ignition
engines
are
specialty
products
sold
in
very
low
volumes,
usually
not
more
than
a
few
hundred
units
per
engine
line
annually.
Many
of
the
engines
are
used
in
model
airplanes,
but
they
are
also
used
in
other
types
of
models
such
as
cars
and
boats.
These
engines,
especially
the
larger
displacement
models,
are
frequently
used
in
competitive
events
by
experienced
operators.
The
racing
engines
sometimes
run
on
methanol
instead
of
gasoline.
In
addition,
the
engines
are
usually
installed
and
adjusted
by
the
hobbyist
who
selects
an
engine
that
best
fits
the
particular
model
being
constructed.
The
average
annual
hours
of
operation
has
been
estimated
to
be
about
12.2
hours
per
year.
45
The
usage
rate
is
very
low
compared
to
other
recreational
or
utility
engine
applications
due
to
the
nature
of
their
use.
Much
of
the
hobby
revolves
around
building
the
model
and
preparing
the
model
for
operation.
The
engine
and
model
must
be
adjusted,
maintained,
and
repaired
between
uses.
Spark­
ignition
model
engines
are
highly
specialized
and
differ
significantly
in
design
compared
to
engines
used
in
other
recreational
or
utility
engine
applications.
While
some
of
the
basic
components
such
as
pistons
may
be
similar,
the
materials,
airflow,
cooling,
and
fuel
delivery
systems
are
considerably
different.
46
47
Some
sparkignition
model
engines
are
scale
replicas
of
multi­
cylinder
aircraft
or
automobile
engines
and
are
fundamentally
different
than
spark­
ignition
engines
used
in
other
applications.
Model­
engine
manufacturers
often
select
lighterweight
materials
and
simplified
designs
to
keep
engine
weight
down,
often
at
the
expense
of
engine
longevity.
Hobby
engines
use
special
ignition
systems
designed
specifically
for
the
application
to
be
lighter
than
those
used
in
other
applications.
To
save
weight,
hobby
engines
typically
lack
pull
starters
that
are
found
on
other
engines.
Hobby
engines
must
be
started
by
spinning
the
propeller.
In
addition,
the
models
themselves
vary
significantly
in
their
design,
introducing
packaging
issues
for
engine
manufacturers.
We
are
not
including
spark­
ignition
hobby
engines
in
the
recreational
vehicles
program.
The
engines
differ
significantly
from
other
recreational
engines
in
their
design
and
use,
as
noted
above.
Emission­
control
strategies
envisioned
for
other
recreational
vehicles
may
not
be
well
suited
for
hobby
engines
because
of
their
design,
weight
constraints,
and
packaging
limitations.
Approaches
such
as
using
a
four­
stroke
engine,
a
catalyst,
or
fuel
injection
all
would
involve
increases
in
weight,
which
would
be
particularly
problematic
for
model
airplanes.
The
feasibility
of
these
approaches
for
these
engines
is
questionable.
Reducing
emissions,
even
if
feasible,
would
likely
involve
fundamental
engine
redesign
and
substantial
R&
D
efforts.
The
costs
of
achieving
emission
reductions
are
likely
to
be
much
higher
per
engine
than
for
other
recreational
applications
because
the
R&
D
costs
would
be
spread
over
very
low
sales
volumes.
The
cost
of
fundamentally
redesigning
the
engines
could
double
the
cost
of
some
engines.
By
contrast,
because
of
their
very
low
sales
volumes,
annual
usage
rates,
and
relatively
short
engine
life
cycle,
sparkignition
hobby
engine
emission
contributions
are
extremely
small
compared
to
recreational
vehicles.
The
emission
reductions
possible
from
regulating
such
engines
would
be
minuscule
(
we
estimate
that
sparkignition
hobby
engines
as
a
whole
account
for
less
than
30
tons
of
HC
nationally
per
year,
much
less
than
0.01
percent
of
mobile
source
HC
emissions).
48
In
addition,
hobby
engines
differ
significantly
in
their
in­
use
operating
characteristics
compared
to
small
utility
engines
and
other
recreational
vehicle
engines.
It
is
unclear
if
the
test
procedures
developed
and
used
for
other
types
of
spark­
ignition
engine
applications
would
be
sufficiently
representative
or
even
technically
practical
for
hobby
engines.
We
are
not
aware
of
any
efforts
to
develop
an
emission
test
cycle
or
conduct
any
emission
testing
of
these
engines.
Also,
because
installing,
optimizing,
maintaining,
and
repairing
the
engines
are
as
much
a
part
of
the
hobby
as
operating
the
engine,
emission
standards
could
fundamentally
alter
the
hobby
itself.
Engines
with
emissioncontrol
systems
would
be
more
complex
and
the
operator
would
need
to
be
careful
not
to
make
changes
that
would
cause
the
engine
to
exceed
emission
standards.
EPA
will
continue
to
review
these
issues,
as
necessary,
in
the
future
and
reconsider
adoption
of
regulations
if
appropriate.

5.
Competition
Exemptions
a.
Off­
Highway
motorcycles.
Currently,
a
large
portion
of
off­
highway
motorcycles
are
designed
as
competition/
racing
motorcycles.
These
models
often
represent
a
manufacturer's
high­
performance
offerings
in
the
offhighway
market.
Most
such
motorcycles
are
of
the
motocross
variety,
although
some
high­
performance
enduro
models
are
marketed
for
competition
use.
49
50
These
high­
performance
motorcycles
are
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2002
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Rules
and
Regulations
needs
to
be
able
to
cruise
at
high
speeds
as
well
as
operate
through
tight
woods
or
deep
mud.
51
A
spark
arrester
is
a
device
located
in
the
end
of
the
tailpipe
that
catches
carbon
sparks
coming
from
the
engine
before
they
get
out
of
the
exhaust
system.
This
is
important
when
a
bike
is
used
offhighway
where
hot
carbon
sparks
falling
in
grassy
or
wooded
areas
could
result
in
fires.
52
Most
manufacturers
of
motocross
racing
motorcycles
do
not
offer
a
warranty.
Some
manufacturers
do,
however,
offer
very
limited
(
1
to
3
months)
warranties
under
special
conditions.
53
``
Characterization
of
Off­
Road
Motorcycle
Use,''
ICF
Consulting,
September
2001,
A
 
2000
 
1
document
II
 
A
 
81.
largely
powered
by
two­
stroke
engines,
though
some
four­
stroke
models
have
been
introduced
in
recent
years.
Competition
events
for
motocross
motorcycles
mostly
involve
closedcourse
or
track
racing.
Other
types
of
off­
highway
motorcycles,
such
as
enduros
and
trials
bikes,
are
usually
marketed
for
trail
or
open­
area
use.
When
used
for
competition,
these
models
are
likely
to
be
involved
in
point­
to­
point
competition
events
over
trails
or
stretches
of
open
land.
There
are
also
specialized
off­
highway
motorcycles
that
are
designed
for
competitions
such
as
ice
racing,
drag
racing,
and
observed
trials
competition.
A
few
races
involve
professional
manufacturer­
sponsored
racing
teams.
Amateur
competition
events
for
offhighway
motorcycles
are
also
held
frequently
in
many
areas
of
the
U.
S.
Clean
Air
Act
subsections
216
(
10)
and
(
11)
exclude
engines
and
vehicles
``
used
solely
for
competition''
from
nonroad
engine
and
nonroad
vehicle
regulations.
In
the
proposal
we
stated
that
in
previous
nonroad
engine
emission­
control
programs,
we
have
generally
defined
the
term
as
follows:
Used
solely
for
competition
means
exhibiting
features
that
are
not
easily
removed
and
that
would
render
its
use
other
than
in
competition
unsafe,
impractical,
or
highly
unlikely.
Most
motorcycles
marketed
for
competition
do
not
appear
to
have
obvious
physical
characteristics
that
constrain
their
use
solely
to
competition.
In
fact,
they
are
usually
sold
by
dealers
from
the
showroom
floor.
Upon
closer
inspection,
however,
there
are
several
features
and
characteristics
for
many
competition
motorcycles
that
make
recreational
use
unlikely.
For
example,
motocross
bikes
are
not
equipped
with
lights
or
a
spark
arrester,
which
prohibits
them
from
legally
operating
on
public
lands
(
such
as
roads,
parks,
state
land,
and
federal
land).
51
Vehicle
performance
of
modern
motocross
bikes
is
so
advanced
(
for
example,
with
extremely
high
power­
toweight
ratios
and
advanced
suspension
systems)
that
it
is
highly
unlikely
that
these
machines
will
be
used
for
recreational
purposes.
In
addition,
motocross
and
other
competition
offhighway
motorcycles
typically
do
not
come
with
a
warranty,
which
further
deters
purchasing
and
using
competition
bikes
for
recreational
operation.
52
We
believe
these
features
are
sufficient
in
distinguishing
competition
motorcycles
from
recreational
motorcycles.
Therefore,
we
are
specifically
adopting
the
following
features
as
indicative
of
motorcycles
used
solely
for
competition:
absence
of
a
headlight
or
other
lights;
the
absence
of
a
spark
arrester;
suspension
travel
greater
than
10
inches;
an
engine
displacement
greater
than
50
cc;
absence
of
a
manufacturer
warranty;
and
the
absence
of
a
functional
seat.
Manufacturers
must
specifically
request
and
receive
an
exemption
from
EPA
to
sell
off­
highway
motorcycles
without
a
certificate
under
the
competition
exemption.
Vehicles
not
meeting
the
applicable
criteria
listed
above
will
be
exempted
only
in
cases
where
the
manufacturer
has
clear
and
convincing
evidence
that
the
vehicles
for
which
the
exemption
is
being
sought
will
be
used
solely
for
competition.
Examples
of
this
type
of
evidence
may
be
technical
rationale
explaining
the
differences
between
a
competition
and
non­
competition
motorcycle,
marketing
and
sales
information
indicating
the
intent
of
the
motorcycle
for
competition
purposes,
and
survey
data
from
users
indicating
the
competitive
nature
of
the
motorcycle.
Although
there
are
several
features
that
generally
distinguish
competition
motorcycles
from
recreational
motorcycles,
several
parties
have
commented
that
they
believe
motorcycles
designed
for
competition
use
are
also
used
for
recreational
purposes,
rather
than
solely
for
competition.
This
is
of
particular
concern
because
competition
motorcycles
represent
about
29
percent
of
total
off­
highway
motorcycle
sales
or
approximately
43,000
units
per
year.
However,
a
study
on
the
characterization
of
off­
highway
motorcycle
usage
found
that
there
are
numerous
 
and
increasingly
popular
 
amateur
off­
highway
motorcycle
competitions
across
the
country,
especially
motocross.
53
The
estimated
number
of
off­
highway
motorcycle
competitors
is
as
high
as
80,000.
Since
it
is
very
common
for
competitive
riders
to
replace
their
machines
every
one
to
two
years,
the
sale
of
43,000
offhighway
competition
motorcycles
appears
to
be
a
reasonable
number,
considering
the
number
of
competitive
participants.
We
are
therefore
confident
that,
although
we
are
excluding
a
high
percentage
of
off­
highway
motorcycles
as
being
competition
machines,
the
criteria
laid
out
above
are
indicative
of
motorcycles
used
solely
for
competition.
However,
we
do
recognize
that
it
is
possible
that
some
competition
motorcycles
will
be
used
for
recreational
purposes.
We
are
therefore
adopting
a
provision
within
the
regulations
that
allows
the
Agency
to
deny
a
manufacturer's
claim
for
exemption
from
the
standards
for
any
models,
including
models
that
meet
the
six
specified
criteria,
where
other
information
is
available
that
indicates
these
off­
highway
motorcycle
models
are
not
used
solely
for
competition.
This
same
provision
allows
the
Agency
to
deny
claims
for
exemptions
in
later
years
even
if
they
had
been
granted
previously.
Examples
of
this
type
of
information
can
be
state
registration
data
that
indicate
a
significant
number
of
competition
exempt
models
being
registered
to
operate
on
public
lands.
Off­
highway
competition
motorcycles
designed
for
motocross
competition
are
not
typically
required
to
be
registered
with
states,
since
most
motocross
competitions
occur
on
closed­
circuit
courses
on
private,
not
public
land,
and
motocross
machines
lack
spark
arresters
which
are
required
to
operate
on
public
land.
We
believe
the
possibility
of
losing
an
exemption
for
competition
motorcycles
will
encourage
manufacturers
to
take
proper
actions
in
promoting,
marketing,
and
guaranteeing
that
competition
machines
are
sold
to
those
individuals
who
will
use
them
solely
for
competition.
b.
Snowmobiles
and
ATVs.
Snowmobiles
and
ATVs
are
also
used
in
competition
events;
however,
the
percentage
of
snowmobiles
or
ATVs
used
solely
for
competition
is
not
nearly
as
large
as
that
for
off­
highway
motorcycles.
Since
snowmobile
and
ATV
competition
have
typically
not
been
as
popular
as
off­
highway
motorcycle
competitions,
there
has
not
been
the
demand
for
competition
machines
that
exists
with
off­
highway
motorcycles.
As
a
result,
manufacturers
have
not
manufactured
and
sold
directly
from
their
dealers
competition
snowmobiles
and
ATVs
like
they
have
off­
highway
motorcycles.
Most
snowmobiles
and
ATVs
used
in
competition
events
are
modified
recreational
vehicles,
rather
than
stock
racing
machines
bought
directly
from
the
dealer,
as
is
the
case
with
offhighway
motorcycles.
As
a
result,
there
isn't
the
same
concern
over
potential
misuse
of
competition
snowmobiles
and
ATVs
for
recreational
purposes.

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217
/
Friday,
November
8,
2002
/
Rules
and
Regulations
Competition
snowmobiles
and
ATVs
aren't
currently
sold
directly
at
the
dealership.
Therefore,
manufacturers
can
receive
a
competition
exemption
from
EPA
for
snowmobiles
and
ATVs
meeting
all
of
the
following
criteria:
the
vehicle
or
engine
may
not
be
displayed
for
sale
in
any
public
dealership;
sale
of
the
vehicle
must
be
limited
to
professional
racers
or
other
qualified
racers;
and
the
vehicle
must
have
performance
characteristics
that
are
substantially
superior
to
noncompetitive
models.
As
with
off­
highway
motorcycles,
snowmobiles
and
ATVs
not
meeting
the
applicable
criteria
listed
above
will
be
exempted
only
in
cases
where
the
manufacturer
has
clear
and
convincing
evidence
that
the
vehicles
for
which
the
exemption
is
being
sought
will
be
used
solely
for
competition.
We
are
also
adopting
the
same
provision
as
for
offhighway
motorcycles
within
the
regulations
that
allows
the
Agency
to
deny
a
manufacturer's
claim
for
exemption
from
the
standards
for
any
models
where
other
information
is
available
that
indicates
these
snowmobiles
and
ATVs
models
are
not
used
solely
for
competition.
As
with
offhighway
motorcycles,
this
same
provision
allows
the
Agency
to
deny
claims
for
exemptions
in
later
years
even
if
they
had
been
granted
previously.

C.
Emission
Standards
1.
What
Are
the
Emission
Standards
and
Compliance
Dates?

a.
Off­
highway
motorcycles.
We
are
adopting
HC
plus
NOX
and
CO
standards
for
off­
highway
motorcycles.
We
expect
the
largest
benefit
to
come
from
reducing
HC
emissions
from
twostroke
engines.
Two­
stroke
engines
have
very
high
HC
emission
levels.
Baseline
NOX
levels
are
relatively
low
for
engines
used
in
these
applications
and
therefore
including
NOX
in
the
standard
serves
only
to
cap
NOX
emissions
for
these
engines.
Comparable
CO
reductions
can
be
expected
from
both
two­
stroke
and
four­
stroke
engines,
as
CO
levels
are
similar
for
the
two
engine
types.
We
are
also
adopting
averaging,
banking
and
trading
provisions
for
off­
highway
motorcycles,
as
discussed
below.
In
the
current
off­
highway
motorcycle
market,
consumers
can
choose
between
two­
stroke
and
four­
stroke
models
in
most
sizes.
Each
engine
type
offers
unique
performance
characteristics.
Some
manufacturers
specialize
in
twostroke
or
four­
stroke
models,
while
others
offer
a
mix
of
models.
The
HC
standard
is
likely
to
be
a
primary
determining
factor
for
what
technology
manufacturers
choose
to
employ
to
meet
emission
standards
overall.
HC
emissions
can
be
reduced
substantially
by
switching
from
two­
stroke
to
fourstroke
engines.
Four­
stroke
engines
are
very
common
in
off­
highway
motorcycle
applications.
Approximately
55
percent
of
non­
competition
off­
highway
motorcycles
are
four­
stroke.
Certification
results
from
California
ARB's
emission­
control
program
for
offhighway
motorcycles,
combined
with
our
own
baseline
emission
testing,
provides
ample
data
on
the
emissioncontrol
capability
of
four­
stroke
engines
in
off­
highway
motorcycles.
Offhighway
motorcycles
certified
to
California
ARB
standards
for
the
2000
model
year
have
HC
certification
levels
ranging
from
0.4
to
1.0
g/
km.
These
motorcycles
have
engines
ranging
in
size
from
48
to
650
cc;
none
of
these
use
catalysts.
The
emission
standards
for
offhighway
motorcycles
take
effect
beginning
in
the
2006
model
year.
We
will
allow
a
phase­
in
of
50­
percent
implementation
in
the
2006
model
year
with
full
implementation
in
2007.
These
standards
apply
to
testing
with
the
highway
motorcycle
Federal
Test
Procedure
(
FTP)
test
cycle.
For
HC+
NOX
emissions,
the
standard
is
2.0
g/
km
(
3.2
g/
mi).
For
CO
emissions,
the
standard
is
25.0
g/
km
(
40.5
g/
mi).
Both
of
these
standards
are
based
on
averaging
with
a
cap
on
the
Family
Emission
Limit
(
FEL)
of
20
g/
km
for
HC+
NOX
and
50
g/
km
for
CO.
Banking
and
trading
provisions
are
also
included
in
the
program,
as
described
in
Section
III.
C.
2.
These
emission
standards
allow
us
to
set
nearterm
requirements
to
introduce
the
lowemission
technologies
for
substantial
emission
reductions
with
minimal
lead
time.
We
expect
manufacturers
to
meet
these
standards
using
four­
stroke
engines
with
some
low­
level
modifications
to
fuel­
system
calibrations.
These
systems
are
similar
to
those
used
for
many
years
in
highway
motorcycle
applications,
but
with
less
overall
sophistication
for
off­
highway
applications.
We
received
comments
from
several
states
and
environmental
groups
encouraging
us
to
harmonize
our
offhighway
motorcycle
standards
with
California.
The
comments
focused
on
the
perceived
difference
in
stringency
between
the
two
programs.
For
California,
the
standard
is
an
HC­
only
standard
of
1.2
g/
km.
Our
standard
is
a
HC+
NOX
standard
of
2.0
g/
km.
We
believe
it
is
prudent
to
set
a
HC+
NOX
standard
in
lieu
of
a
HC­
only
standard
since
the
main
emission­
control
strategy
is
expected
to
be
the
use
of
four­
stroke
engines
in
lieu
of
two­
stroke
engines.
Two­
stroke
engines
emit
extremely
low
levels
of
NOX.
Four­
stroke
engines,
on
the
other
hand,
have
higher
NOX
emission
levels,
in
the
range
of
0.3
g/
km
on
average.
This
is
part
of
the
reason
why
we
proposed
a
somewhat
higher
numeric
standard
compared
to
California.
The
California
standards,
which
were
adopted
in
1994,
were
stringent
enough
that
manufacturers
were
unable
to
certify
several
models
of
off­
highway
motorcycles,
even
some
with
four­
stroke
engine
technology.
The
result
was
a
substantial
shortage
of
products
for
dealers
to
sell
in
California.
The
shortage
led
California
to
change
their
program
to
allow
manufacturers
to
sell
noncompliant
off­
highway
motorcycles
under
some
circumstances.
As
a
result,
approximately
a
third
of
the
off­
highway
motorcycles
sold
in
California
are
compliant
with
the
standards.
The
uncertified
models
being
sold
in
California
include
both
two­
stroke
and
four­
stroke
machines.
EPA
received
comments
from
dealers
and
consumers
concerned
that
a
similar
shortage
could
arise
nationwide
if
EPA
adopted
the
California
standards.
EPA
shared
this
concern
and
proposed
standards
that
were
somewhat
less
stringent
than
that
of
California,
based
on
test
data
from
high­
performance
fourstroke
machines.
We
are
finalizing
this
approach
to
ensure
the
four­
stroke
technology
can
be
implemented
broadly
across
the
product
line
in
the
2006
timeframe
Although
the
approach
we
are
finalizing
contains
somewhat
less
stringent
standards
than
the
California
program,
we
believe
it
will
achieve
reductions
beyond
that
of
the
California
program
because
more
products
will
be
certified
(
even
when
the
competition
exemption
is
taken
into
account).
The
vast
majority
of
the
HC
reductions
achieved
by
the
program
come
from
shifting
away
from
conventional
twostroke
engines
which
have
HC
emissions
levels
in
the
range
of
35
g/
km.
The
2.0
g/
km
standard
represents
about
a
95­
percent
reduction
in
emissions
for
these
vehicles.
If
we
were
to
go
beyond
this
level
of
reduction,
manufacturers
would
need
to
employ
on
a
widespread
basis
additional
technology
that
presents
significant
technical
issues
concerning
their
application
to
off­
highway
motorcycles
given
their
extreme
usage
patterns
and
issues
such
as
safety,
packaging,
and
weight.
For
example,
technologies
such
as
electronic
fuel
injection
and
secondary
air
injection
raise
concerns
about
their
durability
and
reliability
in
the
harsh
operating
environments
to
which
off­
highway
motorcycles
are
sometimes
exposed.

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Federal
Register
/
Vol.
67,
No.
217
/
Friday,
November
8,
2002
/
Rules
and
Regulations
The
use
of
catalytic
converters
poses
concerns
over
packaging,
durability
and
safety.
Off­
highway
motorcycles
are
very
light
and
narrow.
These
attributes
are
necessary
for
operating
through
tight
forest
trails
and
other
harsh
conditions.
This
leaves
little
room
for
packaging
a
catalyst
so
that
it
won't
be
damaged
from
engine
vibration,
shock
resulting
from
jumps
and
hopping
logs,
and
falling
over
and
hitting
objects,
such
as
trees
and
rocks.
These
technologies
may
become
compatible
for
off­
highway
motorcycles
in
the
future,
but
we
do
not
believe
that
it
is
appropriate
to
promulgate
emission
standards
based
on
these
technologies
at
this
time,
given
the
technical
problems
currently
associated
with
their
use.
Four­
stroke
engine
technology
has
advanced
considerably
since
the
California
regulations
went
into
effect.
Manufacturers
are
now
capable
of
offering
four­
stroke
engines
that
provide
excellent
performance.
This
performance
can
be
achieved
only
as
long
as
manufacturers
are
allowed
to
operate
four­
stroke
engines
with
a
slightly
rich
air
and
fuel
mixture,
which
can
result
in
somewhat
higher
HC
and
CO
emissions.
Although
the
standards
we
are
setting
are
higher
than
those
in
California,
we
believe
they
will
require
four­
stroke
engines
that
are
well
calibrated
for
emissions
control
without
significantly
sacrificing
performance.
For
these
reasons,
we
believe
the
standards
we
are
establishing
are
appropriate.
As
discussed
above
in
Section
III.
B.
5,
the
Clean
Air
Act
requires
us
to
exempt
from
emission
standards
off­
highway
motorcycles
used
for
competition.
We
expect
several
competition
two­
stroke
off­
highway
motorcycle
models
to
continue
to
be
available.
We
are
concerned
that
setting
standards
as
stringent
as
California's
would
result
in
a
performance
penalty
for
some
fourstroke
engines
that
would
be
unacceptable
to
the
consumers.
This
could
encourage
consumers
who
want
performance­
oriented
off­
highway
motorcycles
to
purchase
competition
vehicles
(
and
use
them
recreationally)
in
lieu
of
purchasing
compliant
machines
that
don't
provide
the
desired
performance.
We
believe
that
our
emission
standards
will
allow
the
continued
advancement
of
four­
stroke
technology
and
properly
considers
available
emission­
control
technology
while
taking
vehicle
performance
into
consideration
and
avoiding
significant
adverse
impacts
on
performance.
As
proposed,
we
are
also
finalizing
an
option
allowing
off­
highway
motorcycles
with
an
engine
displacement
of
50
cc
or
less
to
be
certified
using
the
Small
SI
emission
standards
for
non­
handheld
Class
I
engines.
These
youth­
oriented
models
may
not
be
able
to
operate
over
the
FTP
due
to
the
higher
speeds
of
the
test
cycle.
We
did
not
receive
comment
on
this
provision.

Optional
Standards
During
the
comment
period,
we
received
several
comments
expressing
concern
that
our
proposed
standard
of
2.0
g/
km
HC+
NOX
for
off­
highway
motorcycles
would
effectively
prohibit
the
use
of
two­
stroke
engines
in
noncompetition
applications.
These
engines
currently
have
typical
HC+
NOX
levels
of
about
35
g/
km.
The
commenters
argued
that
two­
stroke
engines
possess
several
unique
attributes,
such
as
high
power
and
light
weight,
that
make
two­
stroke
powered
off­
highway
motorcycles
more
desirable
to
some
operators,
especially
smaller,
lighter
riders,
than
heavier
fourstroke
powered
off­
highway
motorcycles.
We
also
received
comments
from
several
states
and
environmental
organizations
expressing
strong
concern
over
the
number
of
competition
offhighway
motorcycles
that
would
be
exempt
from
our
regulations
as
a
result
of
our
competition
exemption.
They
felt
that
people
purchasing
exempt
competition
motorcycles
would
use
them
for
recreational
purposes
instead
of
solely
for
competition.
One
manufacturer
indicated
that
they
were
planning
on
building
highperformance
off­
highway
motorcycles
equipped
with
direct
fuel­
injection
twostroke
engines
that
would
potentially
be
capable
of
meeting
a
HC+
NOX
standard
of
4.0
g/
km.
To
enable
use
of
this
technology,
they
suggested
that
we
should
adopt
a
standard
of
4.0
g/
km
instead
of
the
proposed
standard
of
2.0
g/
km.
The
commenter
believes
that
direct
injection
could
be
used
to
make
clean
competition
machines
and
also
argued
that
the
technology
is
robust
and
not
as
susceptible
to
user
modifications
as
other
technologies
such
as
catalysts.
The
commenter
wanted
an
opportunity
to
develop
and
certify
their
product
because
it
perceives
a
benefit
to
the
purchaser
not
only
in
performance
but
also
in
the
ability
for
the
owner
to
resell
the
competition
vehicle
into
the
secondary
market
without
concerns
about
potential
misuse.
In
addition,
the
owner
would
be
able
to
use
the
vehicle
both
for
competition
and
recreation.
It
is
clear
that
if
manufacturers
were
able
to
certify
and
bring
to
market
clean
competition
machines
as
described
by
the
commenter,
significant
reductions
in
emissions
would
be
gained
over
conventional
two­
stroke
technology.
Some
competition
models
we
tested
had
baseline
HC
and
CO
emissions
in
excess
of
50
g/
km
and
40
g/
km,
respectively.
We
believe
it
is
appropriate
to
provide
an
avenue
for
the
development
and
voluntary
certification
of
clean
competition
motorcycles.
Therefore,
we
are
finalizing
an
optional
set
of
standards
for
off­
highway
motorcycles
of
4.0
g/
km
HC+
NOX
and
35.0
g/
km
CO.
For
manufacturers
to
utilize
this
option,
however,
they
must
certify
all
of
their
models,
including
their
competition
models,
to
the
optional
standards.
To
qualify
for
this
option,
a
manufacturer
must
show
that
ten
percent
or
more
of
their
sales
would
otherwise
meet
the
competition
definition.
The
optional
standard
was
derived
from
the
fact
that
non­
competition
fourstroke
engines
can
meet
a
2.0
g/
km
level
and
competition
two­
stroke
machines
with
advanced
direct
fuel­
injection
technology
could
meet
a
8.0
g/
km
level.
Since
approximately
one­
third
of
the
total
off­
highway
motorcycle
fleet
are
competition
machines
and
the
other
two­
thirds
would
be
non­
competition
four­
stroke
recreational
machines,
the
weighting
of
the
2.0
g/
km
level
by
twothirds
and
the
8.0
g/
km
level
by
onethird
results
in
a
weighted
standard
of
4.0
g/
km.
This
presumes
that
emissions
from
four­
stroke
engines
will
not
increase
under
this
option
and
that
noncompetition
engines
will
be
almost
exclusively
four­
stroke
engines.
These
assumptions
are
discussed
below.
The
significant
reductions
in
otherwise
unregulated
competition
engines
means
that
this
option
should
produce
even
greater
overall
reductions
than
the
base
2.0
g/
km
standard.
We
recognize
that
for
some
manufacturers
this
program
will
increase
opportunities
to
make
a
limited
number
of
non­
competition
recreational
two­
stroke
machines;
however,
we
believe
that
the
number
of
two­
stroke
non­
competition
engines
developed
under
this
program
will
be
limited
by
the
fact
that
the
required
technology
(
direct
fuel­
injection)
would
be
too
expensive
and
complex
for
the
recreational
motorcycle
market.
The
majority
of
non­
competition
recreational
off­
highway
motorcycles
that
use
twostroke
engines
are
entry­
level
and
youth
motorcycles,
where
cost
and
simplicity
are
important
factors.
There
is
also
the
fact
that
for
every
two
stroke
noncompetition
engine
manufactured
under
this
program,
a
manufacturer
must
make
one
less
competition
engine
or
must
make
more
four­
stroke
engines.
Further,
we
believe
that
any
increase
in
the
number
of
non­
competition
two­
stroke
engines
is
justified
given
the
fact
that
this
program
will
overall
bring
levels
from
off­
highway
engines
down
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considerably
and
the
fact
that
the
technology
needed
to
reduce
emissions
from
competition
machines
will
only
be
made
available
and
used
if,
under
this
optional
approach,
manufacturers
have
an
incentive
to
use
the
technologies.
One
major
incentive
in
using
this
approach
is
the
fact
that
once
these
machines
are
certified,
a
consumer
will
be
able
to
use
these
machines
legally
for
non­
competition
uses,
which
increases
the
value
of
the
competition
machines.
This
approach
thus
will
also
reduce
the
incentive
for
manufacturers
to
manufacturer
all
of
their
two­
stroke
machines
as
competition
machines
to
avoid
regulation,
and
thus
reduce
the
incentive
for
users
to
circumvent
the
regulations.
This
may
mean
that
any
increase
in
two­
stroke
non­
competition
engines
under
this
approach
would
not
lead
to
an
increase
in
total
two­
stroke
sales,
because
manufacturers
will
not
have
an
incentive
to
increase
the
number
of
two­
stroke
competition
vehicles
to
avoid
regulation.
We
believe
this
approach
is
responsive
to
all
of
the
above
comments.
It
directly
addresses
the
concerns
of
the
manufacturer
developing
the
new
competition
motorcycle
and
also
helps
address
the
concerns
of
users,
states,
and
environmental
groups.
The
successful
development
and
certification
of
clean
competition
models
increases
the
choices
for
consumers
in
the
marketplace.
Offered
the
option
of
a
certified
highperformance
two­
stroke
off­
highway
motorcycle
that
can
be
used
both
for
competition
and
recreation,
consumers
may
not
feel
the
need
to
purchase
exempt
competition
motorcycles.
This
option
has
the
potential
to
significantly
decrease
the
number
of
conventional
two­
stroke
competition
machines
sold
under
the
competition
exemption
and
is
likely
to
decrease
the
potential
for
misuse
of
competition
machines.
Conventional
competition
two­
stroke
motorcycles
generate
extremely
high
levels
of
HC
emissions,
as
noted
above.
For
every
conventional
two­
stroke
competition
machine
replaced
by
a
certified
competition
machine,
HC
emissions
would
be
reduced
by
80
percent,
or
more.
While
the
4.0
g/
km
standard
is
higher
than
the
2.0
g/
km
standard
contained
in
the
base
program,
we
do
not
expect
any
loss
in
emissions
reductions
from
fourstroke
models.
We
continue
to
believe
most
off­
highway
motorcycles
will
continue
to
be
powered
by
four­
stroke
engines.
Most
non­
competition
offhighway
motorcycles
are
already
fourstroke
motorcycles,
and
the
trend
towards
four­
stroke
is
continuing
even
in
the
absence
of
these
regulations.
We
are
convinced
that
there
will
be
no
backsliding
of
emissions
control
for
motorcycles
using
four­
stroke
engines,
because
the
dirtiest
of
the
four­
stroke
models
tend
to
be
competition
machines,
and
our
emissions
testing
indicates
that
competition
four­
stroke
off­
highway
motorcycles
have
HC+
NOX
emission
levels
below
2.0
g/
km.
Since
these
motorcycles
are
optimized
for
power
and
racing
conditions,
there
is
no
incentive
for
manufacturers
to
increase
HC+
NOX
emissions
from
their
current
levels.
In
fact,
increasing
the
emission
levels
would
mean
increasing
the
air­
tofuel
mixture,
which
would
tend
to
reduce
the
engines
performance.
As
with
the
primary
program,
these
optional
standards
would
take
effect
in
2006
with
50­
percent
implementation
and
full
implementation
in
2007
and
manufacturers
could
switch
between
the
options
from
model
year
to
model
year.
The
HC+
NOX
standard
can
be
met
through
averaging
with
some
families
certified
above
the
standards
and
some
below.
If
averaging
is
used,
the
FEL
cap
would
be
8.0
g/
km.
We
are
retaining
the
averaging
approach
for
this
option
because
it
may
be
a
critical
flexibility
for
manufacturers
pursuing
clean
competition
products.
The
commenter
based
its
recommendation
for
a
4.0
g/
km
standard
on
their
projections
for
a
single
prototype
model
equipped
with
a
medium
sized
engine.
This
engine
is
in
the
early
stages
of
development
and
there
is
some
uncertainty
as
to
what
emissions
level
the
final
product
can
achieve.
Also,
manufacturers
may
want
to
apply
their
approach
to
other
engines
that
may
not
be
able
to
achieve
this
same
level
of
control.
Manufacturers
could
find
that
they
can
produce
competition
products
that
are
very
clean
relative
to
the
baseline
but
with
higher
emissions
than
4.0
g/
km.
For
example,
larger
engine
sizes
could
have
emissions
levels
somewhat
higher
than
the
4.0
g/
km
suggested
by
the
commenter.
We
are
not
satisfied
at
this
time
that
two­
stroke
off­
highway
motorcycles,
particularly
those
used
in
competition
could
meet
the
4.0
g/
km
standard,
especially
considering
the
special
performance
needs
of
competition
motorcycles.
Therefore,
rather
than
keeping
a
2.0
g/
km
standard
for
four­
stroke
engines
and
having
a
standard
higher
than
4.0
g/
km
for
two­
stroke
engines
(
a
standard
as
high
as
8.0
g/
km
might
be
appropriate),
we
are
using
a
4.0
g/
km
standard
that
permits
averaging.
Averaging
provides
flexibility
for
manufacturers
to
bring
cleaner
two­
stroke,
particularly
cleaner
competition
two­
stroke,
engines
to
market
without
creating
a
disincentive
to
building
four­
stroke
engines.
One
way
of
taking
advantage
of
the
averaging
program
in
this
way
would
be
for
a
manufacturer
to
maximize
its
sales
of
four­
stroke
models
as
part
of
its
sales
mix,
and
average
the
emissions
from
these
engines
against
the
higher
emissions
of
the
two­
stroke
competition
engines
which
still
would
need
to
be
much
cleaner
than
if
they
were
unregulated.
This
approach
therefore
requires
the
substantial
use
of
cleaner
four­
stroke
technologies
while
at
the
same
time
encouraging
manufacturers
to
substantially
reduce
emissions
from
motorcycles
that
would
otherwise
be
unregulated
competition
motorcycles.
We
have
capped
the
emissions
levels
at
8.0
g/
km
HC+
NOX
because
we
want
to
ensure
that
products
certified
under
this
option
provide
large
emissions
reductions
compared
to
baseline
levels
and
that
the
option
provides
environmental
benefits
in
all
cases.
Competition
motorcycles
certified
to
the
8.0
g/
km
level
would
continue
to
provide
over
a
75­
percent
reduction
in
HC
emissions
over
baseline
levels.
One
of
the
challenges
facing
manufacturers
selecting
this
option
is
the
potentially
high
CO
emissions
from
competition
machines.
We
tested
competition
models
and
found
CO
emissions
to
be
in
the
range
25
to
50
g/
km.
Although
this
option
contains
a
somewhat
higher
CO
standard
(
35
g/
km
compared
to
25
g/
km)
than
the
base
program,
manufacturers
are
still
expected
to
need
to
control
CO
emissions
through
tight
engine
calibrations.
We
are
not
including
averaging
for
the
less
stringent
CO
standard.
As
noted
by
the
manufacturer
supporting
the
4.0
g/
km
option,
direct
injection
technology
is
likely
to
reduce
CO
from
two­
stroke
engines.
We
believe
that
through
proper
calibration,
the
35
g/
km
standard
will
be
achievable
and
will
not
significantly
impede
manufacturers
in
selecting
this
option.
b.
ATVs.
We
are
adopting
HC
plus
NOX
and
CO
standards
for
ATVs.
We
expect
the
largest
benefit
to
come
from
reducing
HC
emissions
from
two­
stroke
engines.
Two­
stroke
engines
have
very
high
HC
emission
levels.
Baseline
NOX
levels
are
relatively
low
for
engines
used
in
these
applications
and
therefore
including
NOX
in
these
standards
serves
only
to
cap
NOX
emissions
for
these
engines.
Comparable
CO
reductions
can
be
expected
from
both
two­
stroke
and
four­
stroke
engines,
as
CO
levels
are
similar
for
the
two
engine
types.
We
are
also
adopting
averaging,
banking
and
trading
provisions
for
ATVs,
as
discussed
below.
In
the
current
ATV
market,
consumers
can
choose
between
two­
stroke
and
four­
stroke
models,
although
the
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Regulations
54
We
respond
to
these
comments
in
Section
II
of
the
Summary
and
Analysis
of
Comments.
55
Utility­
type
ATVs,
it
should
be
noted,
are
not
the
same
as
utility
vehicles.
Utility
vehicles
are
not
Continued
majority,
approximately
eighty­
percent
of
sales,
are
four­
stroke.
Each
engine
type
offers
unique
performance
characteristics.
Some
manufacturers
specialize
in
two­
stroke
or
four­
stroke
models,
but
most
manufacturers
offer
a
mix
of
models.
The
HC
standard
is
likely
to
be
a
primary
determining
factor
for
which
technology
manufacturers
choose
to
employ
to
meet
emission
standards
overall.
HC
emissions
can
be
reduced
substantially
by
switching
from
two­
stroke
to
four­
stroke
engines.
Certification
results
from
California
ARB's
emission­
control
program
for
ATVs,
combined
with
our
own
baseline
emission
testing,
provides
ample
data
on
the
emission­
control
capability
of
four­
stroke
engines
in
ATVs.
In
the
proposal
we
included
two
phases
of
ATV
standards.
The
first
phase
of
standards,
2.0
g/
km
HC+
NOX
and
25
g/
km
CO,
was
proposed
to
be
phased
in
at
50
percent
of
production
in
2006
with
the
remainder
phased­
in
for
2007.
We
proposed
a
second
set
of
standards
that
included
a
more
stringent
1.0
g/
km
HC+
NOX
standard
with
no
change
to
the
CO
standards.
It
was
to
be
met
in
2009/
2010
using
the
same
50­
percent
and
100­
percent
phase­
in
scheme
as
Phase
1.
We
proposed
that
both
phases
of
HC+
NOX
standards
could
be
met
through
averaging.
We
received
comments
from
several
environmental
groups
stating
that
we
should
harmonize
our
Phase
1
standards
with
the
California
FTP­
based
standards.
Manufacturers
did
not
comment
on
the
level
of
our
proposed
Phase
1
HC+
NOX
standards.
However,
in
a
letter
sent
to
the
Agency
in
August
6,
2001,
just
before
we
published
the
proposal,
the
Motorcycle
Industry
Council
stated
that
the
most
costeffective
approach
to
setting
standards
for
ATVs
would
be
to
adopt
the
California
HC
standards
of
1.2
g/
km.
They
did
comment
on
the
fact
that
almost
all
of
the
CO
nonattainment
areas
identified
in
the
Draft
Regulatory
Support
Document
are
now
in
compliance
and
that
ATV
activity
is
typically
so
far
removed
from
congested
urban
areas,
that
we
should
delete
the
proposed
CO
standard.
54
Manufacturers
stated
generally
that
CO
standards
will
make
it
more
difficult
to
meet
the
HC+
NOX
standards
but
did
not
provide
additional
specific
comments
on
the
feasibility
or
costs
of
the
CO
level
proposed.
In
subsequent
meetings
with
manufacturers,
they
suggested
that
if
we
were
not
going
to
delete
the
CO
standard,
it
should
be
set
sufficiently
high
so
that
it
would
not
be
an
impediment
to
meeting
the
HC+
NOX
standard.
They
suggested
a
level
of
50.0
g/
km.
We
have
decided
to
finalize
only
one
set
of
HC+
NOX
emission
standards
for
the
2006
model
year
that
are
essentially
equivalent
to
the
California
standard.
The
emission
standards
for
ATVs
take
effect
beginning
in
the
2006
model
year.
We
will
allow
a
phase­
in
of
50­
percent
implementation
in
the
2006
model
year
with
full
implementation
in
2007.
These
standards
apply
to
testing
with
the
highway
motorcycle
Class
I
FTP
test
cycle.
For
HC+
NOX
emissions,
the
standard
is
1.5
g/
km
(
2.4
g/
mi).
The
California
program
has
a
HC­
only
standard
of
1.2
g/
km.
We
have
made
the
standard
1.5
g/
km
to
account
for
NOX
emissions.
For
CO
emissions,
we
agree
with
manufacturers
that
CO
standards
can
make
it
more
difficult
to
meet
the
HC+
NOX
standard.
Based
on
our
emission
test
data,
we
feel
that
a
standard
of
35.0
g/
km
(
56.4
g/
mi)
is
more
appropriate
than
the
25.0
g/
km
standard
we
proposed
or
the
50.0
g/
km
standard
suggested
by
the
manufacturers.
A
standard
of
35.0
g/
km
will
still
result
in
an
overall
reduction
in
CO
emissions
from
high
emitting
ATVs,
but
will
also
allow
manufacturers
to
balance
CO
control
with
the
need
to
meet
stringent
NOX
levels.
The
HC+
NOX
standard
may
be
met
through
averaging.
Banking
and
trading
provisions
for
HC+
NOX
are
also
being
included
in
the
program,
as
discussed
in
C.
2.,
below.
Our
decision
to
finalize
a
1.5
g/
km
value
rather
than
the
2.0
g/
km
value
is
consistent
with
the
manufacturers
technical
capability
in
the
2006/
2007
time­
frame.
The
1.5
g/
km
HC+
NOX
and
35
g/
km
CO
standards
require
the
use
of
engine
technology
changes
and
add­
on
devices
such
as
secondary
air
systems,
which
are
clearly
available
for
ATV
application
in
this
time
frame.
We
proposed
a
1.0
g/
km
HC+
NOX
standard
for
a
2009/
2010
phase­
in
which
could
require
use
of
catalytic
converter
technology
in
many
models
of
ATVs.
As
discussed
below,
we
are
not
finalizing
that
proposal
now,
and
thus
find
it
appropriate
to
finalize
more
stringent
Phase
1
standards
which
are
technologically
feasible
and
otherwise
consistent
with
statutory
criteria
related
to
cost,
safety,
noise,
and
energy
considerations.
Aligning
our
emission
standards
with
those
currently
in
place
in
California
allows
us
to
set
requirements
to
introduce
the
low­
emission
technologies
for
substantial
emission
reductions
with
reasonable
lead
time
and
will
for
the
most
part
allow
manufacturers
to
sell
one
model
in
all
fifty
states.
This
``
harmonization''
between
federal
and
California
requirements
is
valued
by
industry
because
it
allows
the
development
and
production
of
one
emission­
control
technology
per
model/
family.
However,
in
a
few
cases,
we
expect
emissions
reductions
under
the
EPA
program
that
go
beyond
that
of
the
California
program
because
California
allows
the
sale
of
uncertified
ATVs,
including
two­
stroke
models,
under
their
red
sticker
provisions.
With
the
exception
of
competition
exempt
ATVs,
all
ATV
models
subject
to
the
EPA
program
will
need
to
be
certified.
We
expect
manufacturers
to
meet
these
standards
using
four­
stroke
engines
with
some
modifications
to
fuel­
system
calibrations
and
some
limited
use
of
secondary
air
systems.
These
systems
are
similar
to
those
used
for
many
years
in
highway
applications,
but
will
likely
require
lesser
sophistication
than
used
in
highway
motorcycle
applications.
In
addition
to
being
consistent
with
the
California
standards,
we
feel
the
1.5
g/
km
HC+
NOX
standard
is
more
appropriate
than
the
proposed
2.0
g/
km
standard
because
our
testing
has
shown
that
emission
levels
from
four­
stroke
ATVs
can
vary
considerably.
We
stated
in
the
proposed
rule
that
a
standard
of
2.0
g/
km
HC+
NOX
would
be
a
fourstroke
enforcing
standard,
which
would
most
likely
result
in
the
elimination
of
any
two­
stroke
engines,
but
not
necessarily
require
any
additional
control
from
the
four­
stroke
engines.
As
stated
above,
a
standard
of
1.5
g/
km
HC+
NOX
will
require
the
use
of
engine
technology
changes
and
add­
on
devices
such
as
secondary
air
systems,
which
are
clearly
available
for
ATV
application
in
this
time
frame.
At
this
point,
we
do
not
believe
it
is
appropriate
to
promulgate
Phase
2
standards.
In
the
proposal,
we
projected
significant
use
of
secondary
air
systems
and
catalysts
for
meeting
the
Phase
2
standards.
Since
that
time,
we
have
been
conducting
testing
on
ATVs
with
the
type
of
catalysts
and
secondary
air
systems
we
envisioned
for
the
Phase
2
standards
to
demonstrate
feasibility.
However,
the
testing
we
have
done
to
date
has
not
been
sufficient
to
reach
an
affirmative
conclusion
on
the
feasibility
of
the
Phase
2
standards.
Testing
with
secondary
air
systems
and
catalysts
have
not
shown
consistent
results
and
we
have
had
only
partial
success
in
demonstrating
the
feasibility
of
the
proposed
Phase
2
standards
using
these
technologies.
In
testing
on
a
utility­
type
ATV,
these
technologies
have
provided
only
small
emissions
reductions.
55
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8,
2002
/
Rules
and
Regulations
considered
ATVs
due
to
fundamental
differences
in
the
vehicle
characteristics.
Most
utility
vehicles
are
currently
regulated
by
the
Small
SI
program,
with
a
small
subset
of
utility
vehicles
required
by
the
Final
Rule
to
meet
ATV
standards.
See
section
III.
B.
3.
above,
for
a
complete
discussion
of
utility
vehicles.
When
we
say
utility­
type
ATV,
we
are
referring
to
ATVs
that
have
features
that
are
work
related
such
as
cargo
racks.
These
ATVs
are
often
somewhat
larger
and
bulkier
than
sport
models
and
may
have
transmissions
geared
more
for
work
related
tasks
rather
than
for
high
performance.
However,
they
have
ATV
features
such
as
four
low
pressure
tires,
a
seat
designed
to
be
straddled
by
the
operator,
handlebars
for
steering
controls,
and
are
intended
for
use
by
a
single
operator.
These
vehicle
must
meet
ATV
requirements.
56
Comments
of
the
Motorcycle
Industry
Council,
Inc.,
and
the
Specialty
Vehicle
Institute
of
America
on
the
Notice
of
Proposed
Rulemaking
to
Establish
Mandatory
Emission
Standards
for
Nonroad
Large
Spark­
Ignition
Engines
and
Recreational
Engines
(
Marine
and
Land­
Based),
Air
Docket
A
 
2000
 
01,
IV
 
D
 
214.
results
of
our
preliminary
testing
are
discussed
further
in
Section
III.
F
and
in
the
Final
Regulatory
Support
Document.
It
is
unclear
if
the
level
of
technology
we
projected
in
the
proposal
would
be
sufficient
to
meet
the
Phase
2
standards.
We
have
not
done
enough
research
or
testing
on
other
potential
technologies,
such
as
electronic
or
direct
fuel
injection,
to
finalize
a
decision
based
on
these
technologies.
We
plan
to
continue
to
evaluate
the
technologies
that
would
be
needed
to
meet
the
Phase
2
levels
and
determine
if
those
levels
can
be
met
with
the
level
of
technology
we
projected
in
the
proposal
or
with
other
technology.
We
also
received
comments
that
we
underestimated
costs
for
Phase
2
and
we
will
continue
to
evaluate
costs
as
well.
In
addition,
we
received
comments
that
the
emissions
inventories
we
projected
for
ATVs
were
too
large,
and
that
if
we
adjusted
them
appropriately,
we
would
see
that
Phase
2
was
not
needed.
This
is
provided
in
detail
in
the
public
docket.
56
We
have
studied
and
evaluated
in­
depth
the
new
and
additional
information
provided
by
the
commenters
after
we
published
the
proposal.
As
is
shown
in
our
revised
analysis,
the
emissions
inventory
projections
for
ATVs
have
been
reduced
by
more
than
75
percent
in
response
to
the
significant
new
information
we
received
after
publishing
the
proposal.
Our
analysis
of
the
appropriate
standards
for
2006/
2007
described
above
was
made
using
this
new
information,
and
future
analysis
of
Phase
2
standards
would
also
use
these
revised
inventory
numbers.
However,
it
is
important
to
note
that
the
revised
inventories
still
show
that
these
vehicles
contribute
to
nonattainment.

Engine­
based
Standards
California
allows
ATVs
to
be
optionally
tested
using
the
California
ARB
utility
engine
test
cycle
(
SAE
J1088)
and
procedures.
In
California,
manufacturers
using
the
J1088
engine
test
cycle
option
must
meet
the
California
Small
Off­
Road
Engine
emission
standards.
Some
manufacturers
do
not
have
chassis
testing
facilities
and
at
the
time
California
finalized
its
program
were
concerned
about
the
cost
of
doing
FTP
testing
for
California­
only
requirements.
To
use
this
option,
manufacturers
were
required
by
California
to
submit
some
emission
data
from
the
various
modes
of
the
J1088
test
cycles
to
show
that
emissions
from
these
modes
were
comparable
to
FTP
emissions.
Although
a
good
correlation
was
not
found
between
the
two
test
cycles,
California
allowed
this
option
because
the
goal
of
their
program
was
to
encourage
fourstroke
engine
technology
in
ATVs.
As
described
above,
we
are
finalizing
standards
based
on
vehicle
testing
over
the
FTP
that
are
essentially
harmonized
with
the
California
FTP
standards.
We
did
not
propose
a
permanent
option
of
engine
testing
using
J1088
due
to
strong
concerns
that
the
test
cycle
misses
substantial
portions
of
ATV
operation
because
it
contains
test
points
at
only
one
engine
speed.
We
understand
that
vehicle
testing
would
be
a
significant
change
for
manufacturers
who
currently
conduct
emissions
testing
on
the
engine
rather
than
the
vehicle
for
California.
Due
to
the
costs
and
lead­
time
requirements
associated
with
switching
to
vehicle­
based
testing,
we
proposed
a
transitional
program
to
allow
the
J1088
option
for
models
years
2006
through
2008.
To
facilitate
the
phase­
in
of
ATV
standards,
we
proposed
to
allow
manufacturers
to
optionally
certify
ATVs
using
the
California
utility
cycle
and
standards,
shown
in
Table
III.
C
 
1,
instead
of
the
FTP
standards.

TABLE
III.
C
 
1.
 
CALIFORNIA
UTILITY
ENGINE
EMISSION
STANDARDS
Engine
displacement
HC+
NOX
CO
Less
than
225
cc
.................................................................................
12.0
g/
hp­
hr
...................................................................
(
16.1
g/
kW­
hr)
...............................................................
300
g/
hp­
hr
(
400
g/
kW­
hr)
Greater
than
225
cc
............................................................................
10.0
g/
hp­
hr
...................................................................
(
13.4
g/
kW­
hr)
...............................................................
300
g/
hp­
hr
(
400
g/
kW­
hr)

We
are
finalizing
this
approach,
but
will
eliminate
the
J1088
option
(
including
both
the
test
cycle
and
the
utility
engine
emission
standards)
for
certification
in
model
year
2009.
The
last
model
year
to
use
the
J1088
cycle
and
emission
standards
is
2008.
We
received
comments
that
the
FTP
is
also
not
representative
of
ATV
operation
and
that
the
J1088
option
should
remain
available
until
a
new
test
cycle
and
accompanying
standards
can
be
developed
and
made
available
to
manufacturers.
Although
it
may
not
be
completely
representative
of
ATV
operation,
we
believe
the
FTP
to
be
greatly
superior
to
the
J1088
test
cycle
because
the
cycle
is
transient,
emissions
are
measured
at
a
variety
of
speeds
and
it
is
more
likely
to
result
in
robust
emission­
control
designs
that
reduce
emissions
in­
use.
We
continue
to
be
very
concerned
that
the
vast
majority
of
ATV
operation
is
missed
with
the
J1088
test
because
the
engine
is
tested
at
only
one
engine
speed.
ATV
operation
is
inherently
transient
in
nature
because
the
user
controls
the
throttle
position
to
vary
vehicle
speed.
We
believe
the
J1088
test
is
not
sufficient
to
ensure
robust
emissions
control
development
and
use
for
ATVs.
Given
the
choice
of
available
test
procedures
for
the
longterm
we
could
not
justify
retaining
the
J1088
option.
For
small
displacement
ATVs
of
70
cc
or
less,
we
proposed
that
they
would
have
the
permanent
option
to
certify
to
the
proposed
FTP­
based
ATV
standards
discussed
above
or
meet
the
Phase
1
Small
SI
emission
standards
for
nonhandheld
Class
1
engines.
These
standards
are
16.1
g/
kW­
hr
HC+
NOX
and
610
g/
kW­
hr
CO.
Manufacturers
argued
that
ATVs
with
engine
displacements
between
70
cc
and
99
cc
also
should
be
allowed
to
certify
to
the
Small
SI
standards,
since
the
differences
between
a
70
cc
and
99
cc
engine
is
very
small
and
the
ATVs
equipped
with
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217
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8,
2002
/
Rules
and
Regulations
57
See
item
IV
 
G
 
114,
docket
A
 
2000
 
01.
cc
engines
face
the
same
obstacles
with
the
FTP
test
cycle
as
the
70
cc
and
below
ATVs.
They
also
argued
that
the
Phase
1
Small
SI
standards
are
too
stringent
for
these
engines
and
recommended
that
EPA
adopt
the
Phase
2
standards
for
Class
1B
engines
of
40
g/
kW­
hr
for
HC+
NOX
and
610
g/
kW­
hr
for
CO.
We
recognize
that
the
vast
majority
of
engine
families,
including
4­
stroke
engines,
below
100
cc
are
not
certified
to
the
California
standards,
which
is
an
indication
to
us
that
the
standards
proposed
may
not
be
feasible
for
most
engines
in
this
size
range
given
the
lead
time
provided.
However,
manufacturers
did
not
provide
supporting
data
and
we
do
not
have
data
to
confirm
that
the
level
recommended
by
the
manufacturers
would
result
in
an
appropriate
level
of
control.
We
examined
the
2002
model
year
certification
data
for
non­
handheld
Small
SI
engines
certified
to
the
Phase
2
Class
I
 
A
and
I
 
B
engine
standards
(
engines
below
100
cc).
We
found
that
the
five
engine
families
certified
to
these
standards
had
average
emissions
for
HC+
NOX
of
about
25
g/
kW­
hr.
All
of
these
engine
families
had
CO
emissions
below
500
g/
kW­
hr
and
well
below
the
610
g/
kW­
hr
level
recommended
by
manufacturers.
We
believe
these
levels
are
more
representative
of
the
levels
that
can
be
achieved
with
the
lead
time
provided
through
the
use
of
4­
stroke
engines
than
the
standards
recommended
by
the
manufacturers.
Therefore,
we
are
finalizing
a
25.0
g/
kW­
hr
HC+
NOX
standard
and
a
500
g/
kW­
hr
CO
standard
for
ATVs
with
engine
displacements
of
99
cc
or
less.
These
standards
will
be
optional
to
the
FTP­
based
standards
and,
unlike
the
J
 
1088
standards
option
for
larger
displacement
engines,
the
option
will
not
expire.
We
are
retaining
averaging
for
the
HC+
NOX
standard
but
do
not
believe
averaging
would
be
appropriate
for
the
CO
standard.
This
is
consistent
with
the
approach
outlined
above
for
J
 
1088
standards
for
engines
above
100
cc.
The
ATV
standards
are
phased
in
at
50%
of
a
manufacturer's
production
in
2006
and
100%
in
2007.
This
phase­
in
applies
to
a
manufacturer's
overall
ATV
production
regardless
engine
size
or
which
option
a
manufacturer
chooses
for
standards
for
particular
models.

New
Test
Procedure
for
ATVs
We
are
comfortable
with
retaining
the
FTP
as
the
basis
of
the
long­
term
ATV
program.
However,
EPA
understands
the
manufacturers'
concerns
regarding
the
additional
facility
costs
associated
with
FTP
testing
for
ATVs.
We
also
recognize
that
this
approach
is
a
significant
deviation
from
their
current
practice
in
the
California
program.
Throughout
the
development
of
the
final
rule,
we
have
met
with
manufacturers
and
the
State
of
California
and
have
discussed
the
possibility
of
developing
a
new
test
cycle
for
ATVs.
We
intend
to
work
further
with
all
interested
parties
to
determine
whether
a
new
test
cycle
and
accompanying
standards
is
appropriate.
The
standards,
if
developed
for
the
new
test
cycle,
would
be
of
equivalent
stringency
to
the
FTP
standards
discussed
above.
If
we
do
propose
a
new
test
cycle
and
accompanying
standards
for
ATVs,
it
is
likely
that
we
would
do
so
in
concert
with
a
decision
on
whether
a
second
phase
of
standards
is
appropriate
for
ATVs.
We
are
now
developing
a
Memorandum
of
Understanding
with
manufacturers
which
describes
in
detail
the
steps
that
will
be
taken
in
furtherance
of
this
task.
57
Other
interested
parties
including
the
state
of
California
will
also
be
invited
to
participate
in
this
process.
By
finalizing
the
temporary
availability
of
J1088,
we
are
providing
time
to
develop,
and
if
appropriate,
finalize
and
implement
an
alternative
to
the
FTP
that
meets
both
the
needs
of
the
Agency,
manufacturers
and
other
parties.
This
allows
for
our
program
to
remain
harmonized
with
California
during
the
transition
to
the
new
test
procedure.
However,
we
do
not
support
allowing
the
use
of
J1088
for
a
period
any
longer
than
necessary
to
make
this
transition.
We
expect
that
developing
a
new
test
cycle
will
be
relatively
straightforward
and
that
the
MOU
process
cited
above
will
provide
a
road
map
of
how
we
will
proceed.
We
expect
to
initiate
this
effort
next
year
and
conclude
the
work
on
the
new
test
cycle
in
enough
time
to
promulgate
it
through
rulemaking
and
to
provide
industry
adequate
lead
time
to
implement
it
in
an
orderly
manner
(
nominally
three
years
lead
time).
If
we
encounter
unforeseen
and
unavoidable
delays
or
complications
in
this
process,
we
will
consider
extending
the
J1088
temporarily
as
part
of
our
process
of
adopting
changes
to
the
ATV
test
cycle
through
rulemaking.
We
would
expect
such
an
extension
to
be
at
most
for
one
model
year.
c.
Snowmobiles.
We
are
adopting
CO
and
HC
emission
standards
for
snowmobiles,
effective
in
three
phases,
as
discussed
below.
As
discussed
below,
we
are
also
adopting
an
emissions
averaging
banking
and
trading
program
for
snowmobiles
which
includes
provisions
for
the
early
generation
of
credits
prior
to
the
effective
date
of
the
standards.
We
are
not
adopting
PM
standards
for
snowmobiles
at
this
time,
because
limits
on
HC
emissions
will
serve
to
simultaneously
reduce
PM
and
because
there
are
significant
complications
in
accurately
measuring
PM
that
make
requiring
PM
standards
difficult
in
this
time
frame.
Finally,
we
are
not
adopting
limits
for
NOX
for
the
first
two
phases
of
standards,
but
manufacturers
are
required
to
measure
NOX
emissions
and
report
them
in
the
application
for
certification.
However,
we
have
included
NOX
in
the
Phase
3
standards
to
effectively
cap
NOX
emissions
from
snowmobiles.
The
three
phases
of
standards
we
are
adopting
will
require
progressively
broader
application
of
advanced
technologies
such
as
direct
injection
two­
stroke
technology,
and
four
stroke
engines.
Only
about
two
percent
of
current
snowmobile
production
utilizes
these
advanced
technologies.
We
expect
that
about
seven
percent
of
new
snowmobiles
will
have
them
by
2005.
With
the
Phase
1
standards
we
expect
that
ten
percent
of
snowmobiles
will
require
advanced
technologies
(
in
addition
to
less
advanced
emissions
controls
on
most
other
snowmobiles).
We
project
that
the
Phase
2
and
Phase
3
standards
will
require
the
application
of
advanced
technology
on
50
and
70
percent
of
new
snowmobiles,
respectively.

Phase
1
Standards
We
are
adopting
Phase
1
standards
largely
as
proposed
for
snowmobiles
to
take
effect
for
all
models
starting
in
the
2006
model
year.
However,
given
that
the
manufacturers
will
effectively
have
only
three
years
to
design
and
certify
snowmobiles
prior
to
the
2006
model
year,
as
well
as
the
fact
that
snowmobiles
are
currently
unregulated,
we
believe
that
requiring
100
percent
of
models
to
certify
in
2006
is
not
reasonable.
Thus,
we
are
including
a
phase
in
of
the
Phase
1
standards
with
50
percent
of
sales
required
to
comply
with
the
30
percent
reduction
standards
in
2006
and
100
percent
compliance
required
in
2007.
The
standards
of
275
g/
kW­
hr
(
205
g/
hp­
hr)
for
CO
and
100
g/
kW­
hr
(
75
g/
hp­
hr)
for
HC
are
to
be
met
on
average
by
each
manufacturer.
As
described
in
the
proposal,
these
standards
represent
a
30­
percent
reduction
from
the
baseline
CO
and
HC
emission
rates
for
uncontrolled
snowmobiles.
We
expect
manufacturers
to
meet
these
standards
using
a
variety
of
technologies
and
strategies
across
their
product
lines.
For
the
reasons
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58
http://
www.
arcticcat.
com,
http://
www.
polarisindustries.
com,
http://
www.
skidoo.
com,
and
http://
www.
yamahamotor
com.
59
See
the
snowmobile
feasibility
discussion
in
the
Final
Regulatory
Support
Document.
described
below,
we
believe
these
are
the
most
stringent
standards
feasible
beginning
in
the
2006
model
year.
Snowmobiles
pose
some
unique
challenges
for
implementing
emissioncontrol
technologies
and
strategies.
Snowmobiles
are
very
sensitive
to
weight,
power,
and
packaging
constraints.
Current
snowmobile
designs
have
very
high
power­
to­
weight
ratios,
to
address
performance
considerations.
The
desire
for
low
weight
has
been
stated
to
be
a
concern,
since
weight
(
and
weight
distribution)
affects
handling
and
operators
occasionally
have
to
drag
their
sleds
out
of
deep
snow.
This
has
especially
been
mentioned
as
a
concern
in
the
context
of
four­
stroke
engines
given
that
they
are
heavier
than
their
two­
stroke
counterparts
of
similar
power.
However,
four­
stroke
engines
have
significantly
better
fuel
economy
than
two­
stroke
engines,
and
for
identical
fuel
tank
sizes,
would
have
significantly
greater
range.
This
of
course
would
be
a
positive
attribute.
The
size
of
a
fuel
tank
on
a
four­
stroke
powered
snowmobile
could
be
reduced
to
provide
similar
range
to
that
of
a
similarly
powered
twostroke
snowmobile,
resulting
in
offsetting
weight
savings
from
both
the
smaller
fuel
tank
and
less
fuel
on
board.
However,
this
could
still
represent
a
change
in
the
distribution
of
weight
compared
to
current
sleds.
The
approach
used
to
control
emissions
in
compliance
with
the
Phase
1
standards
will
vary
according
to
a
given
manufacturers
product
line,
technological
capability,
long
term
plans,
and
other
factors.
However,
we
expect
all
manufacturers
to
pursue
a
mix
of
technologies.
Some
manufacturers
may
focus
more
on
clean
carburetion
and
associated
engine
modifications
and
apply
those
widely
across
their
entire
product
line
with
more
limited
implementation
of
advanced
technology
such
as
four­
stroke
and
semi
direct
injection
engines.
Others
may
choose
to
be
more
aggressive
in
applying
advanced
technologies
in
their
more
expensive,
high­
performance
sleds
and
be
less
aggressive
in
pursuing
emission
reductions
from
their
lower­
priced
offerings
to
optimize
the
fit
of
different
technologies
(
and
their
associated
costs)
to
the
various
product
offerings
in
the
near
term.
As
can
be
seen
on
their
websites58,
all
large
manufacturers
now
have
limited
product
offerings
of
advanced
emissions
technology
snowmobiles.
Snowmobiles
must,
on
average
and
according
to
the
phase
in
schedule,
meet
the
first
phase
of
emission
standards
beginning
with
the
2006
model
year.
Given
the
relative
inexperience
this
industry
has
with
designing
effective
snowmobile
engines
with
advanced
emissions
controls
and
in
certifying
to
EPA
requirements,
it
is
unlikely
that
any
manufacturer
could
market
enough
of
these
advanced
snowmobiles
for
model
year
2006
to
enable
it
to
meet
significantly
more
stringent
standards.
Due
to
the
unique
performance
requirements
for
snowmobiles
and
the
relatively
short
lead
time
to
modify
current
engines
or
design
new
products,
we
believe
our
2006/
2007
standards
will
be
technologically
challenging
for
manufacturers
and
will
result
in
cleaner
snowmobiles.

Phase
2
and
Phase
3
Standards
We
believe
the
two
most
viable
advanced
technologies
for
use
in
snowmobiles
are
two­
stroke
direct
(
or
semi­
direct)
injection
technology
and
four­
stroke
engines.
All
four
major
snowmobile
manufacturers
either
currently
offer
or
are
planning
to
offer
in
the
next
year
or
two
one
or
more
of
these
technologies
on
a
limited
number
of
snowmobile
models.
With
sufficient
resources
and
lead
time
for
manufacturers,
we
believe
it
would
be
technologically
possible
to
eventually
apply
such
advanced
technology
broadly
across
most
or
all
of
the
snowmobile
fleet.
Manufacturers
have
indicated
that
with
enough
investment
and
sufficient
time
to
design
and
implement
direct
injection
technology
for
snowmobile
use,
two­
stroke
engines
equipped
with
direct
fuel
injection
systems
can
reduce
HC
emissions
by
70
to
75
percent
and
reduce
CO
emissions
by
50
to
70
percent.
These
projections
are
based
largely
on
laboratory
prototypes
and
generally
do
not
account
for
in­
use
deterioration
or
the
need
for
production
compliance
margins
in
the
ultimate
certification
levels.
Certification
results
for
2002
model
year
outboard
engines
and
personal
water
craft
support
these
projections.
59
In
addition
to
the
direct
injection
twostroke
a
few
four­
stroke
models
are
currently
available,
and
more
are
expected
to
be
introduced
in
the
next
few
years.
Based
on
testing
of
prototypes
and
other
low­
hour
engines
it
appears
that
advanced
four­
stroke
snowmobiles
are
capable
of
HC
reductions
ranging
from
70
to
95
percent
relative
to
current
technology
two­
stroke
snowmobile
engines.
However,
CO
reductions
from
four
stroke
engines
vary
quite
a
bit.
For
fourstroke
engines
used
in
low­
power
applications,
CO
reductions
of
50
to
80
percent
from
baseline
levels
have
been
reported.
However,
the
majority
of
the
snowmobile
market
is
for
higherpowered
performance
machines,
and
CO
reductions
from
higher
powered
four
stroke
engines
are
lower
than
those
from
low
powered
four
strokes,
with
expected
reductions
of
20
to
50
percent
from
baseline
levels.
As
discussed
further
in
the
RSD
and
Summary
and
Analysis
of
Comments
document,
we
expect
that
many
of
the
four­
stroke
snowmobile
models
offered
in
the
future
will
not
be
current
two­
stroke
models
which
have
been
modified
to
utilize
a
four­
stroke
engine,
but
rather
new
models
designed
specifically
to
take
advantage
of
the
unique
characteristics
of
four­
stroke
engines.
Thus,
we
expect
that
the
lead
time
associated
with
the
conversion
to
fourstroke
engines
and
optimized
sleds
is
even
longer
than
that
needed
for
conversion
to
direct
injection
two­
stroke
technology.
It
is
not
obvious
to
us
that
either
of
these
advanced
technologies
is
better
than
the
other
or
more
suited
to
broad
application
in
the
snowmobile
market.
Each
has
its
strong
points
regarding
emissions
performance,
power,
noise,
cost,
etc.
For
example,
two­
stroke
engines
equipped
with
direct
fuel
injection
have
the
potential
to
have
greater
CO
emission
reductions
than
a
comparably
powered
four­
stroke
engine,
although
they
would
have
less
HC
reductions.
For
those
applications
where
a
light,
powerful,
compact
engine
is
desired,
a
direct
injection
two­
stroke
engine
may
be
preferred.
However,
for
applications
where
pure
power
and
speed
is
desired,
a
high­
performance
four­
stroke
engine
may
be
preferred.
Given
the
broad
range
of
snowmobile
model
designs
and
applications
it
is
apparent
that
one
of
these
technologies
could
be
preferable
to
the
other
in
some
situations.
Further,
given
the
broad
range
of
snowmobile
types
offered,
a
mix
of
advanced
technologies
would
provide
the
best
opportunity
for
substantial
average
emission
reductions
while
still
maintaining
customer
satisfaction
across
the
entire
range
of
snowmobile
types.
Thus,
we
believe
it
is
most
appropriate
to
set
emission
standards
for
snowmobiles
that
are
not
based
entirely
on
the
use
of
either
direct
injection
two­
stroke
technology
or
fourstroke
engines,
but
rather
a
mix
of
the
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two,
along
with
some
other
technologies
in
certain
applications.
It
is
our
belief
that
with
sufficient
resources
and
lead
time,
manufacturers
can
successfully
implement
technologies
such
as
two­
stroke
direct
injection
and
four­
stroke
engines
in
many
models
in
their
respective
snowmobile
fleets.
The
question
at
hand
is
how
broadly
this
technology
can
be
practically
applied
across
the
snowmobile
fleet
in
the
near
term,
taking
into
account
factors
such
as
the
number
of
engine
and
snowmobile
models
currently
available,
and
the
capacity
of
the
industry
to
perform
the
research
and
development
efforts
required
to
optimally
apply
advanced
technology
to
each
of
these
models.
Currently
there
are
only
four
major
snowmobile
manufacturers,
and
each
has
different
technological
capabilities.
Of
these
four,
only
two
currently
manufacturer
all
of
their
own
engines,
one
has
limited
in­
house
engine
manufacturing
operations,
the
other
has
none.
Beyond
this,
there
are
only
two
advanced
technologies
(
direct
injection
two­
stroke,
and
four
stroke)
that
at
this
time
appear
to
be
feasible
to
provide
significant
reductions
in
snowmobile
emissions.
Further,
given
the
small
volume
of
snowmobile
sales
compared
to
other
vehicles
and
equipment
which
use
similar
sized
engines,
these
manufacturers
may
have
difficulty
in
working
with
their
engine
suppliers
to
develop
and
optimize
four­
stroke
or
direct
injection
two­
stroke
technology
quickly.
Clearly,
the
nature
of
the
relationship
between
these
snowmobile
manufacturers
and
their
suppliers
would
result
in
a
less
efficient
use
of
available
lead
time
as
compared
to
the
manufacturers
that
have
both
technology
and
engine
manufacturing
available
in­
house.
Thus,
there
is
varying
capability
within
the
snowmobile
industry
to
develop
and
implement
advanced
technology
in
the
next
five
to
ten
years.
The
amount
of
engine
redesign
or
development
work
is
another
factor.
While
one
snowmobile
manufacturer
currently
offers
four
different
engine
models,
the
other
three,
including
the
two
that
do
not
manufacture
their
own
engines,
currently
offer
eight
to
twelve
engine
models
each.
Additionally,
each
of
these
engine
models
typically
goes
into
more
than
one
type
of
snowmobile.
There
are
a
variety
of
basic
snowmobile
types
specifically
designed
for
a
variety
of
riding
styles
and
terrains
including
high­
performance
trail
riding,
highperformance
off­
trail
riding
(
including
designs
specifically
for
deep
snow),
mountain
riding,
touring
(
two
person
snowmobiles
designed
for
use
on
groomed
trails),
and
entry
level
snowmobiles
(
lower­
powered
and
lower
priced
snowmobiles
which
utilize
simpler
technology
and
are
specifically
designed
to
appeal
to
first
time
buyers).
Some
snowmobile
manufacturers
also
offer
snowmobile
models
specifically
for
youth,
and
utility
models
for
work
in
cold
climates
or
to
facilitate
winter
sports
such
as
hauling
winter
camping
gear,
or
hunting
and
fishing
equipment.
It
is
not
surprising
that
some
of
these
snowmobile
models
are
much
more
popular
than
others.
Thus,
there
can
be
quite
a
difference
in
the
production
volumes
of
the
different
snowmobile
types,
with
performance
models
typically
having
large
sales
volumes,
and
more
unique
models
such
as
utility
and
youth
models
selling
far
fewer
units.
Considering
the
number
of
snowmobile
types,
and
the
fact
that
each
engine
model
is
typically
used
in
several
different
snowmobile
models,
each
manufacturer
has
potentially
dozens
of
different
engine/
snowmobile
combinations
that
it
offers.
An
analysis
of
the
manufacturers
current
product
offerings
shows
that
while
one
manufacturer
has
only
about
twelve
unique
engine/
snowmobile
model
combinations,
the
other
three
offer
significantly
more
 
from
around
30
to
over
50.
Each
of
these
different
snowmobile
models
is
designed
with
specific
power
needs
in
mind,
with
the
engine
and
clutching
specifically
suited
for
the
application
style
for
which
the
snowmobile
was
intended.
This
means
that
a
given
engine
model
may
require
slightly
different
calibrations
for
each
different
snowmobile
model
in
which
it
is
used.
While
the
advanced
technologies
are
known,
they
are
not
``
one
size
fits
all''
technologies.
These
technologies
need
to
be
optimized
not
only
for
the
specific
engine
model,
but
in
some
cases
for
the
snowmobile
the
engine
will
be
used
in
as
well,
as
just
described.
For
all
of
the
reasons
just
discussed,
we
believe
that
it
is
necessary
to
allow
two
additional
years
of
lead
time
for
compliance
with
the
proposed
Phase
2
standards,
and
are
therefore
adopting
the
ultimate
phase
of
snowmobile
standards
effective
for
the
2012
model
year
rather
than
the
2010
model
year
as
proposed.
However,
we
expect
that
between
the
2006
and
2012
model
years
there
can
and
will
be
substantial
development
and
application
of
advanced
technologies
on
snowmobiles
beyond
that
required
in
compliance
with
the
Phase
1
standards.
We
believe
that
it
is
important
to
capture
the
emission
benefits
that
these
advances
present,
and
are
therefore
adopting
a
new
set
of
Phase
2
standards,
effective
with
the
2010
model
year,
which
will
require
50
percent
HC
reductions
and
30
percent
CO
reductions
from
average
baseline
levels.
The
Phase
2
standards
are
275
g/
kW­
hr
(
205
g/
hp­
hr)
for
CO
and
75
g/
kW­
hr
(
56
g/
hp­
hr)
for
HC.
These
Phase
2
standards
will
be
followed
by
Phase
3
standards
in
2012
which
will
effectively
require
the
equivalent
of
50
percent
reductions
in
both
HC
and
CO
as
compared
to
average
baseline
levels.
We
believe
that
the
2010
and
2012
model
years
are
appropriate
for
the
second
and
third
phases
of
snowmobile
standards
because
they
allow
an
additional
four
to
six
years
beyond
the
Phase
1
standards
for
the
further
development
and
application
of
advanced
emissions
control
technology.
We
expect
that
the
manufacturers
will
utilize
some
level
of
advanced
technology
in
compliance
with
the
Phase
1
standards,
and
this
will
give
the
manufacturers
some
time
to
evaluate
how
the
advanced
technology
they
have
already
applied
works
in
the
field
as
well
as
give
them
several
years
to
work
with
the
certification
and
compliance
programs
before
more
stringent
Phase
2
standards
take
effect
in
2010.
We
believe
that
by
the
2010/
2012
time
frame
manufacturers
could,
at
least
in
theory,
apply
advanced
technology
across
essentially
their
entire
product
lines.
However,
the
manufacturers
are
resource
constrained,
and
they
will
need
to
focus
their
efforts
on
compliance
with
the
Phase
1
and
Phase
2
standards
prior
to
the
2010
model
year.
There
is
a
need
for
significant
technology
development
and
manufacturing
learning
to
occur,
and
there
is
concern
that
in
this
time
frame
such
technology
could
not
be
performance,
emissions,
and
safety
optimized
for
each
application
given
the
number
of
engine
and
snowmobile
model
combinations
that
would
require
optimization.
This
would
be
especially
challenging
for
those
manufacturers
who
rely
on
outside
suppliers
for
their
engines.
Rather,
we
expect
that
by
the
2012
model
year
the
manufacturers
could
both
apply
and
optimize
advanced
technology
to
their
larger
volume
families
while
applying
clean
carburetion
and
electronic
fuel
injection
technology
to
the
rest
of
their
production.
Under
this
scenario
we
expect
that
the
manufacturers
could
apply
optimized
advanced
technology
on
around
50
percent
of
their
production
by
the
2010
model
year,
and
an
additional
20
percent
of
their
production
by
the
2012
model
year.
We
do
not
believe
that
having
only
two
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years
lead
time
between
the
Phase
2
and
Phase
3
standards
presents
any
problems
because
compliance
with
the
Phase
3
standards
will
be
achieved
through
the
broader
application
of
technologies
which
will
already
be
applied
in
compliance
with
the
Phase
2
standards,
rather
than
through
the
introduction
of
new
technologies
altogether.
As
was
previously
discussed,
fourstroke
technology
has
the
potential
to
significantly
reduce
HC
emissions,
even
below
levels
expected
from
direct
injection
two­
stroke
technology.
However,
higher
powered
four­
stroke
engines
are
not
currently
capable
of
CO
reductions
on
the
order
of
those
expected
from
direct
injection
twostroke
technology.
This
is
significant
given
that
a
very
large
segment
of
the
snowmobile
market
is
in
higher
powered
performance
sleds.
We
are
concerned
that
a
straight
50
percent
reduction
in
CO
in
the
Phase
3
standards
may
deter
technology
development
and
constrain
the
use
of
four­
stroke
technology
in
this
key
portion
of
the
snowmobile
market.
As
the
emissions
standards
become
more
stringent
we
believe
that
it
is
important
to
provide
additional
flexibility
to
assure
compliance
in
a
manner
which
minimizes
costs
and
is
consistent
with
the
availability
of
technology
and
the
realities
of
the
snowmobile
marketplace.
Thus,
to
allow
snowmobile
manufacturers
the
flexibility
to
base
their
future
product
lines
on
higher
percentages
of
four­
stroke
models,
we
are
adopting
a
flexible
Phase
3
standards
scheme
that
will
allow
manufacturers
to
certify
their
production
to
levels
which
nominally
represent
50
percent
reductions
in
HC
and
CO.
This
overall
reduction
could
be
met
by
other
combinations
summing
to
100
percent
such
as
70
percent
reductions
in
HC
and
30
percent
reductions
in
CO,
or
any
level
between
these
two
points
(
for
example,
60
percent
reductions
in
HC
and
40
percent
reductions
in
CO).
However,
in
no
case
may
a
manufacturer's
corporate
average
for
the
individual
pollutants
for
Phase
3
be
less
than
50
percent
on
HC
and
30
percent
on
CO
(
the
Phase
2
standards).
Some
manufacturers
have
raised
safety
concerns
regarding
the
use
of
advanced
technologies
on
snowmobiles,
particularly
four­
stroke
engines
used
in
high­
performance
and
mountain
sleds.
In
particular,
they
raised
issues
regarding
weight
and
the
ability
to
start
the
snowmobile
in
cold
weather.
However,
we
believe
these
issues
can
be
overcome
with
sufficient
time
and
technology.
For
example,
as
noted
above,
smaller
fuel
tanks
can
significantly
reduce
the
weight
of
fourstroke
snowmobiles.
The
use
of
new
light­
weight
materials
can
also
reduce
weight
for
four­
stroke
designs.
Manufacturers
have
raised
concerns
over
cold
starting
for
four­
stroke
engines
because
the
typical
four­
stroke
design
uses
an
oil
distribution
system
where
the
pump
and
oil
are
located
in
the
crankcase
(
referred
to
as
a
``
wet''
sump).
During
extremely
cold
temperatures,
the
oil
becomes
thick
and
provides
an
additional
load
the
engine
must
overcome
when
starting.
However,
by
using
a
``
dry''
sump,
where
the
oil
and
pump
are
located
in
a
separate
tank
(
not
in
the
crankcase),
the
concern
over
cold
temperature
starting
loads
due
to
thickened
oil
in
the
crankcase
are
gone.
The
new
Yamaha
RX
 
1
four­
stroke
snowmobile
uses
a
smaller
fuel
tank
and
lighter
materials
to
reduce
weight
and
a
dry
sump
to
help
cold
starting,
so
clearly
these
issues
can
be
addressed.
We
believe
that,
given
enough
resources
and
lead
time,
it
is
ultimately
feasible
at
some
point
beyond
the
2012
model
year
to
apply
advanced
technology
successfully
to
all
snowmobiles
and
perhaps
to
even
resolve
current
design
and
operating
issues
with
regard
to
the
use
of
aftertreatment
devices
such
as
catalytic
converters.
However,
it
is
difficult
to
predict
at
this
point
when
this
would
be
feasible,
especially
given
the
number
of
smaller
volume
snowmobile
models
that
would
need
development
effort
once
the
larger
volume
models
were
optimized
in
compliance
with
the
Phase
3
standards
in
2012.
We
did
consider
standards
based
on
the
full
application
of
optimized
advanced
technology
to
all
snowmobiles,
for
example
by
setting
the
Phase
3
standards
at
a
level
that
would
require
the
full
application
of
advanced
technology
to
all
snowmobiles.
However,
we
believe
that
such
standards
are
not
feasible
by
2012
and,
we
are
not
confident
that
we
could
choose
the
appropriate
model
year
beyond
2012
for
such
standards
given
how
far
in
the
future
such
a
requirement
would
be.
Such
an
approach
would
also
serve
to
eliminate
the
benefits
associated
with
the
Phase
3
standards
in
2012.
There
are
diverse
capabilities
and
limiting
factors
within
the
industry,
and
time
is
needed
for
an
orderly
development
and
prove
out
of
this
advanced
technology
across
the
various
models
and
applications
before
standards
are
set
which
require
its
use
in
all
models.
Additionally,
as
these
engines
have
never
previously
been
regulated
or
used
advanced
emission
control
technologies
in
large
numbers,
we
believe
it
is
appropriate
to
monitor
the
development
and
use
of
such
technologies
on
snowmobiles
before
requiring
these
technologies
for
the
entire
fleet.
Thus,
we
chose
not
to
set
standards
at
this
time
based
on
the
optimized
application
of
advanced
technology
to
all
snowmobiles.
Nevertheless,
we
will
monitor
the
development
and
application
of
the
advanced
technology
as
manufacturers
work
to
comply
with
the
Phase
3
standards
in
2012
and
will
consider
a
fourth
phase
of
snowmobile
standards
to
take
effect
sometime
after
the
2012
model
year.
We
have
not
included
a
NOX
standard
for
the
first
two
phases
of
the
snowmobile
regulations
because
NOX
emissions
from
snowmobiles,
particularly
two­
stroke
engines,
are
very
small
compared
to
levels
of
HC,
CO
and
PM
and
we
believe
that
stringent
NOX
standards
may
require
the
use
of
technologies
that
will
lead
to
increases
in
HC,
PM
and
CO
levels.
Technologies
that
reduce
NOX
are
likely
to
increase
levels
of
HC,
PM
and
CO
and
vice
versa,
because
technologies
to
reduce
HC,
PM
and
CO
emissions
would
result
in
leaner
operation.
A
lean
air
and
fuel
mixture
causes
NOX
emissions
to
increase.
These
increases
are
minor,
however,
compared
to
the
reductions
of
HC,
CO
and
PM
that
result
from
these
techniques.
On
the
other
hand,
any
attempt
to
control
the
NOX
emissions
may
have
the
counter­
effect
of
increasing
HC,
CO,
and
PM
emissions,
as
well
as
causing
the
greater
secondary
PM
concentrations
associated
with
increased
HC
emissions.
This
is
especially
critical
for
HC
and
PM,
because
NOX
would
be
regulated
primarily
for
its
effect
on
secondary
PM
levels.
We
are
promulgating
a
NOX
standard
(
actually
an
HC
plus
NOX
standard)
as
part
of
the
third
phase
of
the
snowmobile
standards.
This
standard
will
essentially
cap
NOX
emissions
from
these
engines.
The
reason
we
are
including
such
standards
in
the
final
phase
of
the
rule
as
that
the
third
phase
of
the
rule
will
result
in
increases
in
the
use
of
four­
stroke
engines.
While
fourstroke
engines
greatly
reduce
HC
and
direct
PM
levels,
they
increase
levels
of
NOX.
While
NOX
levels
remain
substantially
lower
than
HC
and
CO
levels,
they
are
higher
than
levels
for
two­
stroke
engines.
Thus,
it
is
appropriate
to
place
a
cap
on
such
levels
to
ensure
that
levels
do
not
become
so
high
as
to
become
a
substantial
concern.
While
we
are
promulgating
an
effective
cap
on
such
emissions,
the
standard
will
not
mandate
substantial
reductions
in
NOX.
This
is
because
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emissions
effect
on
reducing
NOX
from
four­
stroke
engines
is
the
same
as
for
two­
stroke
engines;
that
is,
technologies
that
substantially
reduce
NOX
will
increase
levels
of
other
pollutants
of
concern.
The
only
way
to
reduce
NOX
emissions
from
four­
stroke
engines
(
at
the
same
time
as
reducing
HC
and
CO
levels)
would
be
to
use
a
three­
way
catalytic
converter.
We
don't
have
enough
information
at
this
time
on
the
durability
or
safety
implications
of
using
a
three­
way
catalyst
with
a
fourstroke
engine
in
snowmobile
applications.
Three­
way
catalyst
technology
is
well
beyond
the
technology
reviewed
for
this
rule
and
would
need
substantial
additional
review
before
being
contemplated
for
snowmobiles.
Thus,
given
the
overwhelming
level
of
HC
and
CO
compared
to
NOX,
and
the
secondary
PM
expected
to
result
from
these
levels,
it
would
be
premature
and
possibly
counterproductive
to
require
substantial
NOX
reductions
from
snowmobiles
at
this
time.

2.
Are
There
Opportunities
for
Averaging,
Emission
Credits,
or
Other
Flexibilities?
a.
Averaging,
banking
and
trading.
Historically,
voluntary
emission­
credit
programs
have
allowed
a
manufacturer
to
certify
one
or
more
engine
families
at
emission
levels
above
the
applicable
emission
standards,
provided
that
the
increased
emissions
are
offset
by
one
or
more
engine
families
certified
below
the
applicable
standards.
With
averaging
alone,
the
average
of
all
engine
families
for
a
particular
manufacturer's
production
must
be
at
or
below
that
level
of
the
applicable
emission
standards.
We
are
adopting
separate
emission­
credit
programs
for
snowmobiles,
off­
highway
motorcycles,
and
ATVs.
We
are
adopting
an
emission­
credit
program
for
the
optional
ATV
engine­
based
standards
as
well
as
the
chassis­
based
standards.
In
addition
to
the
averaging
program
just
described,
the
emission­
credit
program
contains
banking
and
trading
provisions,
which
allow
manufacturers
to
generate
emission
credits
and
bank
them
for
future
use
in
their
own
averaging
program
or
sell
them
to
another
entity.
We
are
not
adopting
a
credit
life
limit
or
credit
discounting
for
these
credits.
Unlimited
credit
life
and
no
discounting
increases
the
incentive
to
introduce
the
clean
technologies
needed
to
gain
credits.
To
generate
credits,
the
engine
family's
emissions
level
must
be
below
the
standard,
so
any
credits
will
result
from
reducing
emissions
more
than
necessary
to
meet
the
standards.
ATVs
and
Off­
highway
Motorcycles
Emission
credits
from
off­
highway
motorcycle
and
ATVs
will
be
averaged
separately
because
there
are
differing
degrees
of
stringency
in
the
standards
for
ATVs
and
off­
highway
motorcycles
long­
term
and
we
do
not
want
offhighway
motorcycle
credits
to
dilute
the
effectiveness
of
the
ATV
standards.
This
also
avoids
providing
an
advantage
in
the
market
to
companies
that
offer
both
types
of
products
over
those
that
produce
only
one
type.
Also,
ATVs
certified
to
the
chassis­
based
standards
or
engine­
based
standards
are
considered
separate
averaging
groups
with
no
credit
exchanges
between
the
two.
We
are
not
allowing
credit
exchanges
between
engine
and
chassisbased
testing
because
there
is
little,
if
any,
correlation
between
the
two
test
cycles.
Without
a
strong
correlation,
it
is
not
possible
to
establish
an
exchange
rate
between
the
two
programs.
For
the
engine­
based
(
J
 
1088)
ATV
standards,
the
standards
vary
by
engine
size
(
less
than
100
cc,
100
cc
up
to
225
cc,
and
225
cc
and
greater).
We
are
allowing
averaging,
banking,
and
trading
for
each
of
the
separate
engine­
based
HC+
NOX
standards
with
no
credit
exchanges
or
averaging
between
the
engine
size
categories.
We
did
not
propose
an
averaging,
banking,
and
trading
program
for
CO
for
ATVs
and
off­
highway
motorcycles
because
it
was
not
clear
if
such
provisions
would
be
needed
to
implement
the
expected
technologies
or
if
the
need
would
warrant
the
additional
complexity
of
an
averaging
program.
We
received
comments
that
the
25
g/
km
CO
standard
could
be
technologically
limiting
in
some
instances.
Manufacturers
recommended
that
EPA
drop
CO
the
standard
from
the
program
and
provided
no
comments
regarding
CO
averaging.
In
addition,
our
recent
testing
indicates
that
the
level
of
the
standards
may
represent
a
significant
technological
challenge
to
the
manufacturers
in
some
cases.
We
are
retaining
CO
standards
in
the
final
program,
and
are
establishing
different
CO
standards
for
off­
highway
motorcycles
and
ATVs,
as
discussed
in
Section
III.
C.
1.
For
ATVs,
we
are
addressing
the
feasibility
issues
by
finalizing
a
standard
of
35
g/
km.
We
are
not
including
averaging
or
a
credits
program
at
this
level.
We
are
also
adopting
the
35
g/
km
CO
standard
for
the
optional
off­
highway
motorcycle
program
with
no
averaging
or
credits
program.
At
the
35
g/
km
level,
we
believe
averaging
is
unnecessary
and
would
greatly
reduce
the
need
to
control
CO,
especially
for
larger
manufacturers
who
have
several
engine
families
with
which
to
average.
The
engine­
based
(
J
 
1088)
standards
for
CO
also
do
not
represent
levels
of
stringency
where
we
believe
averaging
would
be
appropriate
or
necessary.
California
certification
test
data
shows
that
the
engine­
based
(
J
 
1088)
CO
standards
can
be
achieved
with
reasonable
compliance
margins.
For
the
primary
off­
highway
motorcycle
program,
we
are
retaining
the
proposed
25
g/
km
CO
standard.
We
are
providing
the
option
of
averaging
for
the
25
g/
km
CO
standard,
to
help
manufacturers
balance
the
need
to
control
CO
while
meeting
stringent
NOX
requirements.
We
believe
that
the
final
program
with
averaging
for
CO
will
enable
manufacturers
to
develop
a
unified
emission­
control
strategy
to
control
HC,
NOX,
and
CO,
rather
than
requiring
them
to
develop
unique
control
strategies
driven
by
the
need
to
meet
the
CO
standards.
We
are
adopting
FEL
caps
where
we
are
allowing
averaging
standards.
For
ATVs
certified
to
the
1.5
g/
km
FTP
standard,
there
will
be
an
FEL
cap
of
20
g/
km
HC+
NOX.
This
cap
will
also
apply
to
off­
highway
motorcycles
certified
to
the
2.0
g/
km
NOX+
HC
standard.
For
offhighway
motorcycles
certified
to
the
25
g/
km
CO
standard,
the
CO
cap
will
be
50
g/
km.
For
off­
highway
motorcycles,
we
are
also
finalizing
an
option
that
allows
manufacturers
to
certify
to
an
average
HC+
NOX
standard
of
4.0
g/
km,
if
the
manufacturer
certifies
all
offhighway
motorcycles
including
competition
machines.
Under
this
option,
we
are
limiting
FELs
to
8.0
g/
km.
The
goal
of
the
option
is
to
encourage
the
development
and
certification
of
clean
competition
products.
Without
a
reasonable
FEL
limit,
manufacturers
could
certify
twostroke
machines
at,
or
close
to,
baseline
levels.
This
is
a
concern
because
the
majority
of
manufacturers'
product
offerings
are
likely
to
be
certified
below
the
4.0
g/
km
level
and
significant
credits
could
be
available.
We
believe
the
8.0
g/
km
limit
ensures
significantly
cleaner
products
compared
to
baseline
levels
for
competition
machines,
while
providing
manufacturers
with
the
incentive
and
flexibility
to
pursue
innovative
technologies
for
their
competition
products.
As
noted
above,
we
have
also
included
engine­
based
J
 
1088
standards
for
ATVs.
The
HC+
NOX
portion
of
the
J
 
1088
standards
can
be
met
through
averaging
and
we
have
included
reasonable
emissions
caps
for
these
standards
as
well.
For
engines
certified
to
the
permanent
optional
J
 
1088
standards
for
ATV
engines
below
100
cc,
the
emissions
cap
is
40.0
g/
kW­
hr.

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Rules
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Regulations
The
NOX+
HC
emissions
cap
is
32.2
g/
kW­
hr
for
engine
certified
to
the
temporary
J
 
1088
standards
which
are
available
for
all
engine
sizes.

Snowmobiles
For
snowmobiles,
we
are
adopting
an
emissions
averaging
and
credit
program
for
all
three
phases
of
standards.
Averaging
is
available
for
each
phase
of
standards.
Once
the
program
begins
in
2006,
manufacturers
will
make
a
demonstration
of
compliance
with
the
applicable
corporate
average
standards
at
the
end
of
the
model
year.
If
a
manufacturer
has
achieved
a
corporate
average
level
below
the
corporate
average
standards,
then
the
manufacturer
may
bank
credits.
Manufacturers
may
bank
credits
for
use
in
a
current
phase
of
standards
based
on
the
difference
between
their
corporate
average
and
the
standards.
In
order
to
bank
credits
for
future
use
under
a
subsequent
phase
of
standards,
manufacturers
may
pull
engines
from
their
corporate
average
for
the
current
phase
of
standards
and
certify
them
early
to
a
future
phase
of
standards.
The
credits
must
be
generated
based
on
the
difference
between
the
FEL
for
those
engines
and
the
phase
of
standards
for
which
they
are
intended
to
be
used.
The
credits
may
not
be
carried
forward
for
use
to
meet
a
subsequent
phase
of
standards.
For
example,
manufacturers
may
bank
Phase
2
credits
in
2007
by
removing
engines
from
their
2007
corporate
average
for
one
or
both
pollutants
and
certifying
the
engines
to
the
Phase
2
standards
early.
These
Phase
2
credits
may
then
be
saved
for
Phase
2,
but
may
not
be
used
for
Phase
3.
Manufacturers
may
also
remove
only
part
of
an
engine
family
for
purposes
of
banking
credits.
Manufacturers
may
bank
credits
after
the
end
of
the
model
year
when
they
have
completed
their
demonstration
of
compliance
for
that
year.
The
Final
Rule
includes
provisions
for
banking
credits
for
a
single
pollutant,
with
the
other
pollutant
remaining
in
the
averaging
program
for
the
current
model
year.
For
Phase
3,
if
a
manufacturer
chooses
to
bank
credits
for
only
one
pollutant,
the
manufacturer
must
use
an
assigned
value
for
the
other
pollutant
in
the
Phase
3
standards
formula.
We
are
specifying
a
value
of
90
g/
kW­
hr
for
HC+
NOX
and
275
g/
kW­
hr
for
CO.
These
levels
ensure
no
windfall
credits
using
the
Phase
3
formula
for
the
creditgenerating
engines.
Starting
with
Phase
3,
Family
Emission
Limits
may
be
set
up
to
the
current
average
baseline
emission
levels
of
400
g/
kW­
hr
(
300
g/
hp­
hr)
CO
and
150
g/
kW­
hr
(
110
g/
hp­
hr)
HC.
These
caps
ensure
a
minimum
level
of
control
for
each
snowmobile
certified
under
the
long­
term
program.
We
believe
this
is
appropriate
due
to
the
potential
for
personal
exposure
to
very
high
levels
of
emissions
as
well
as
the
potential
for
high
levels
of
emissions
in
areas
where
several
snowmobiles
are
operated
in
a
group.
We
proposed
that
these
limits
would
be
effective
beginning
in
2006.
We
received
comments
from
manufacturers
recommending
that
we
drop
the
FEL
limits
because
they
would
create
a
tremendous
near
term
workload
burden.
They
commented
that
manufacturers
would
need
to
modify
all
product
lines
for
2006
just
to
meet
the
FEL
limit.
EPA
recognizes
that
this
could
be
a
significant
issue
in
the
early
years
of
the
program
and
could
detract
from
manufacturers'
efforts
to
develop
much
cleaner
technologies.
Thus,
we
are
finalizing
the
FEL
limits
only
for
Phase
3
and
later,
beginning
in
2012.
We
believe
this
helps
resolve
the
leadtime
and
workload
issues
while
maintaining
the
integrity
of
the
longterm
program.
b.
Early
credits.
We
believe
that
allowing
manufacturers
to
generate
credits
prior
to
2006
has
some
merit
in
that
it
encourages
them
to
produce
cleaner
snowmobiles
earlier
than
they
otherwise
might
and
provides
early
environmental
benefits.
It
would
also
allow
for
a
smoother
transition
to
new
emission
standards
in
a
previously
unregulated
industry.
However,
in
the
proposal
we
expressed
concern
that
an
early­
credit
program
could
result
in
the
generation
of
windfall
credits,
especially
if
the
credits
were
generated
relative
to
the
average
baseline
emissions
rates.
A
manufacturer
could
choose
those
engine
families
that
already
emit
below
the
average
baseline
levels
and
certify
those
families
for
credit
generation
purposes
without
doing
anything
to
actually
reduce
their
emissions.
Clearly
this
would
undermine
any
environmental
advantages
of
an
early­
credit
program.
However,
we
believe
that
it
is
possible
to
design
an
early­
credit
program
which
provides
incentive
for
the
early
introduction
of
cleaner
snowmobiles
and
also
helps
ease
the
transition
into
the
first
ever
phase
of
snowmobile
standards
while
preventing
the
generation
of
windfall
credits.
The
early­
credit
program
described
in
the
following
paragraphs
will
be
available
beginning
with
the
2003
model
year.
As
with
the
standard
snowmobile
emissions
averaging,
banking
and
trading
program,
credits
generated
under
the
early­
credit
program
will
be
calculated
on
a
power­
weighted
basis.
A
manufacturer
can
choose
to
certify
one
or
more
engine
families
early
for
purposes
of
credit
generation.
An
engine
family
must
at
least
meet
the
Phase
1
standards
for
both
HC
and
CO
to
qualify
for
early
credits,
and
the
credits
will
be
calculated
based
on
the
difference
between
the
certification
FEL
and
the
Phase
1
standards.
Credits
generated
under
this
option
can
be
used
only
in
compliance
with
the
Phase
1
standards.
Thus,
such
early
credits
will
expire
at
the
end
of
the
2009
model
year.
The
above
discussion
of
early
credits
primarily
addresses
those
snowmobiles
that
will
meet
the
Phase
1
standards
early.
However,
we
also
expect
that
there
will
be
some
engine
families
introduced
prior
to
the
2006
model
year
which
could
meet
Phase
2
standards.
For
such
engines,
a
manufacturer
may
elect
to
split
credits
between
Phase
1
and
Phase
2.
A
manufacturer
may
save
credits
generated
between
the
certification
FELs
and
the
actual
Phase
2
standards
for
use
in
Phase
2.
Credits
generated
between
the
Phase
1
and
Phase
2
standards
could
be
used
for
Phase
1
only.
Credits
generated
prior
to
the
start
of
the
program
in
2006
may
not
be
used
for
Phase
3.
EPA
did
not
receive
comments
on
such
programs
for
off­
highway
motorcycle
or
ATVs
and
we
are
not
finalizing
any
additional
provisions.
The
majority
of
products
currently
offered
for
sale
are
equipped
with
fourstroke
engines
which
raises
concerns
over
the
potential
for
windfall
credits.
Due
to
this
issue
and
the
lack
of
suggestions
or
input
on
the
part
of
commenters,
we
are
not
finalizing
early
credits
or
other
types
of
flexibilities
for
these
programs.
c.
Nonconformance
penalties
for
recreational
vehicles.
Section
206(
g)
of
the
Act,
42
U.
S.
C.
7525(
g),
authorizes
EPA
to
establish
nonconformance
penalties
(
NCPs)
for
motorcycles
and
heavy­
duty
engines
which
exceed
the
applicable
emission
standard,
provided
that
their
emissions
do
not
exceed
an
appropriate
upper
limit.
NCPs
allow
manufacturers
that
are
technological
laggards
to
temporarily
sell
their
vehicles
by
payment
of
a
penalty,
rather
than
being
forced
out
of
the
marketplace.
One
manufacturer
suggested
that
we
consider
establishing
NCPs
for
recreational
vehicles.
Section
213(
d)
of
the
Act
makes
nonroad
standards
subject
to
the
provisions
of
section
206,
and
directs
EPA
to
enforce
nonroad
standards
in
the
same
manner
as
highway
vehicles.
We
therefore
believe
that
the
Act
authorizes
us
to
establish
NCPs
in
appropriate
circumstances
for
nonroad
engines
and
vehicles.
Recreational
vehicles
are
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Friday,
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8,
2002
/
Rules
and
Regulations
60
The
snowmobile
industry
(
see
docket
item
II
 
G
 
221)
and
a
group
of
public
health
and
environmental
organizations
(
see
docket
item
II
 
G
 
139)
have
both
expressed
their
general
support
for
labeling
programs
that
can
provide
information
on
the
environmental
performance
of
various
products
to
consumers.
similar
technologically
to
highway
motorcycles,
and
NCPs
might
be
appropriate
for
recreational
vehicles
under
certain
circumstances.
We
will
consider
the
need
for
NCPs
two
or
three
years
before
compliance
with
these
standards
is
required.
Manufacturers
that
determine
in
that
time
frame
that
they
are
likely
to
be
unable
to
comply
with
the
standards
should
notify
us.
If
we
determine
that
NCPs
are
appropriate
for
recreational
vehicles,
we
would
establish
regulations
that
would
specify
how
to
calculate
the
penalties.
While
we
have
not
determined
the
content
of
such
regulations,
it
is
likely
that
they
would
be
similar
to
our
existing
NCP
regulations
for
heavy­
duty
engines,
which
are
set
forth
in
40
CFR
part
86,
subpart
L.

3.
Are
There
Voluntary
Low­
Emission
Standards
for
These
Engines?
In
the
proposal
we
included
a
Voluntary
Low­
Emission
Standards
program
for
recreational
vehicles.
We
did
this
for
two
reasons:
to
encourage
new
emission­
control
technology
and
to
aid
the
consumer
in
choosing
clean
technologies.
We
received
numerous
comments
on
this
proposed
program.
The
environmental
community
was
supportive
of
voluntary
standards
and
encouraged
us
to
adopt
permanent
labels
which
identify
the
emission
performance
of
the
vehicle
in
a
simplistic
manner
that
would
be
easily
understood
by
the
initial
purchaser
and
any
purchases
of
used
recreational
vehicles.
Manufacturers
of
recreational
vehicles
ATVs,
off­
highway
motorcycles,
and
snowmobiles),
on
the
other
hand,
did
not
support
voluntary
standards.
They
were
supportive
of
providing
initial
purchasers
with
emission
performance
information
via
temporary
consumer
labeling,
but
were
opposed
to
voluntary
standards.
Their
concern
was
that
voluntary
standards
or
permanent
labels
could
be
used
by
federal,
state,
local
or
any
other
jurisdictions
to
limit
the
use
of
recreational
vehicles
from
public
lands
by
allowing
access
only
to
recreational
vehicles
that
meet
certain
emission
criteria.
Manufacturers
further
argued
that
our
proposed
mandatory
emission
standards
were
stringent
enough
that
they
would
encourage
and
result
in
the
use
of
advanced
emission­
control
technology
and
that
the
voluntary
standards
would
provide
no
additional
incentives.
As
stated
above,
the
general
purpose
of
the
Voluntary
Low­
Emission
Standards
program
is
to
provide
incentives
to
manufacturers
to
produce
clean
products
and
thus
create
market
choices
for
consumers
to
purchase
these
products.
60
For
all
three
recreational
vehicle
categories,
but
especially
for
snowmobiles,
we
are
expecting
a
variety
of
emission­
control
technologies
to
be
used
to
meet
the
standards.
In
all
three
categories
we
expect
consumers
to
have
a
choice
of
which
technologies
to
purchase
and
that
they
will
base
that
purchase
on
an
understanding
of
key
attributes
such
as
cost,
performance,
noise
levels,
safety,
and
emissions.
Thus,
an
important
factor
for
informing
consumer
decision
is
to
provide
them
information
on
the
relative
emissions
attributes
of
a
given
model.
We
believe
this
can
be
achieved
through
a
temporary
consumer
labeling
program
without
voluntary
standards.
Therefore,
we
are
not
finalizing
a
voluntary
standard
program
for
recreational
vehicles
at
this
time.
We
will
consider
this
issue
again
in
the
future,
once
experience
is
gained
under
this
program.
In
addition,
given
the
manufacturer's
opposition,
it
is
not
clear
that
voluntary
standards
by
themselves
would
be
an
effective
incentive
for
manufacturers.
Instead,
we
will
be
adopting
a
consumer
labeling
program.
A
label
must
be
fixed
securely
to
the
product
prior
to
arriving
at
the
dealership
but
does
not
have
to
be
permanent
and
may
be
removed
by
the
consumer
when
placed
into
use.
The
label
can
be
in
the
form
of
a
removable
sticker
or
decal,
or
a
hang
tag
affixed
to
the
handlebars
or
fuel
cap.
If
a
hang
tag
is
used,
it
must
be
attached
by
a
cable
tie
that
cannot
be
easily
removed,
except
by
the
ultimate
retail
consumer.
The
label,
at
a
minimum,
must
include
the
following
information:
U.
S.
EPA;
Clean
Air
Index
(
appropriate
pollutant,
e.
g.,
HC+
NOX,
etc.);
manufacturer
name;
vehicle
model
with
engine
description
(
e.
g.,
500
cc
two­
stroke
with
direct
fuel
injection);
emission
performance
rating
scale;
explanation
of
scale;
and
notice
stating
that
label
must
be
on
vehicle
prior
to
sale
and
can
be
removed
only
by
the
ultimate
retail
consumer.
In
section
1051.135(
g)
of
the
regulations,
titled
``
How
must
I
label
and
identify
the
vehicles
I
produce?,''
we
have
developed
several
equations
that
determine
what
the
emission
performance
rating
scale
will
be
for
each
category.
The
scale
is
based
on
a
rating
system
of
1.0
through
10.0.
A
value
of
1.0
would
be
assigned
for
the
cleanest
vehicle,
while
the
dirtiest
vehicle
would
get
a
rating
of
10.0.

4.
What
Durability
Provisions
Apply?
We
are
adopting
several
additional
provisions
to
ensure
that
emission
controls
will
be
effective
throughout
the
life
of
the
vehicle.
This
section
discusses
these
provisions
for
recreational
vehicles.
More
general
certification
and
compliance
provisions,
which
apply
across
different
vehicle
categories,
are
discussed
in
Sections
II
and
VII,
respectively.
a.
How
long
do
my
engines
have
to
comply.
Manufacturers
must
produce
off­
highway
motorcycle
and
ATV
engines
that
comply
over
a
useful
life
of
5
years
or
until
the
vehicle
accumulates
10,000
kilometers,
or
for
ATVs
1,000
hours,
whichever
occurs
first.
We
consider
the
10,000­
kilometer
and
1,000
hour
values
to
be
minimum
values
for
useful
life,
with
the
requirement
that
manufacturers
must
comply
for
a
longer
period
if
the
average
life
of
their
vehicles
is
longer
than
this
minimum
value.
The
values
being
finalized
will
harmonize
EPA's
useful
life
intervals
with
those
contained
in
the
California
program.
We
proposed
a
significantly
longer
useful
life
intervals
of
30,000
kilometers
based
on
our
understanding
of
usage
rates
for
the
vehicles
at
the
time
of
the
proposal.
We
received
comments
from
manufacturers
that
we
overestimated
vehicle
usage
and
commenters
recommended
that
we
harmonize
the
useful
life
intervals
with
California's.
We
have
lowered
our
estimate
of
usage
rates
based
on
available
data,
including
new
data
provided
during
the
comment
period.
Based
on
our
current
estimates
of
usage,
we
concur
with
manufacturers
that
harmonization
with
California
is
the
best
approach
for
establishing
minimum
useful
life
intervals.
Generally,
this
will
allow
the
same
emission
test
data
to
be
used
for
certification
under
both
programs.
However,
this
remains
the
minimum
useful
life
and
longer
useful
life
intervals
could
be
required
in
cases
where
the
basic
mechanical
warranty
of
the
engine
or
the
advertised
operating
life
is
longer
than
the
minimum
interval.
Average
service
life
information
will
help
in
making
such
a
determination.
The
manufacturer
can
alternatively
base
the
longer
useful
life
on
the
average
service
life
of
the
vehicles
where
necessary
data
are
available.
For
snowmobiles,
the
minimum
useful
life
is
5
years,
8,000
km,
or
400
hours
of
operation,
whichever
occurs
first.
We
based
these
values
on
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61
EPA
memorandum,
``
Emission
Modeling
for
Recreational
Vehicles,''
from
Linc
Wehrly
to
Docket
A
 
2000
 
01,
November
13,
2000
(
document
II
 
B
 
19).
62
While
it
is
possible
that
the
user
could
make
modifications
to
their
competition
off­
highway
motorcycle
that
alter
the
emissions
characteristics
of
the
vehicle,
we
do
not
expect
tampering
to
be
a
problem
for
those
competition
vehicles
certifying
to
our
voluntary
standard
of
4.0
g/
km
HC+
NOX
because
the
technologies
required
to
meet
this
standard,
four­
stroke
engines
and
direct
fuel
injection
two­
stroke
engines,
are
inherent
to
the
engine
and
will
be
optimized
for
maximum
engine
performance
as
well
as
emissions
performance.
Thus,
any
modifications
would
actually
reduce
rather
than
improve
engine
performance.
63
``
Closed
Crankcase
Exhaust
Emissions
from
Four­
Stoke
Competition
Off­
highway
Motorcycle,''
EPA
memo
from
L.
Wehrly
to
Docket
A
 
2000
 
01,
September
10,
2001
(
document
II­
B
 
25).
discussions
with
manufacturers
regarding
typical
snowmobile
life,
and
on
emission­
modeling
data
regarding
typical
snowmobile
usage
rates.
61
As
with
ATVs
and
off­
highway
motorcycles,
longer
useful
life
intervals
are
required
where
the
basic
mechanical
warranty
of
the
engine
or
the
advertised
operating
life
is
longer
than
the
minimum
interval
and
the
manufacturer
may
alternatively
base
the
longer
useful
life
on
the
average
service
life
of
the
vehicles
where
necessary
data
are
available.
b.
What
are
the
minimum
warranty
periods
for
emission
controls.
For
offhighway
motorcycle,
ATVs,
and
snowmobiles,
manufacturers
must
provide
an
emission­
related
warranty
for
at
least
half
of
the
minimum
useful
life
period.
These
periods
could
be
longer
if
the
manufacturer
offers
a
longer
mechanical
warranty
for
the
engine
or
any
of
its
components;
this
includes
extended
warranties
that
are
available
for
an
extra
price.
See
§
1051.120
for
a
description
of
which
components
are
emission­
related.
We
have
included
in
our
final
rule
an
optional
set
of
standards
for
off­
highway
motorcycles
that
would
require
the
certification
of
competition
motorcycles.
However,
for
those
individual
vehicles
actually
used
in
organized
competition
events,
it
may
be
appropriate
to
exclude
competition
motorcycles
from
warranty
coverage.
Machines
used
in
competition,
even
part
of
the
time,
may
be
subject
to
usage
that
can
cause
premature
degradation
of
the
engine
and
related
components.
Competition
riders
may
place
a
premium
on
winning
at
the
expense
of
engine
durability
or
could
otherwise
damage
the
vehicle
during
the
competition
events.
In
fact,
most
manufacturers
do
not
offer
any
mechanical
warranty
on
vehicles
used
in
competition.
In
addition,
motorcycles
used
only
for
competition
may
be
modified
by
the
user
in
ways
that
alter
the
emissions
characteristics
of
the
vehicle.
62
We
do
not
believe
it
is
reasonable
to
hold
manufacturers
responsible
for
the
emission
warranty
for
such
vehicles.
c.
How
do
I
demonstrate
emission
durability
during
certification.
Durability
demonstration
for
offhighway
motorcycles,
ATVs,
and
snowmobiles
includes
a
requirement
to
run
the
engines
long
enough
to
develop
and
justify
the
full
life
deterioration
factor.
This
allows
manufacturers
to
generate
a
deterioration
factor
that
helps
ensure
that
the
engines
will
continue
to
control
emissions
over
a
lifetime
of
operation.
Snowmobiles
also
must
run
out
to
the
end
of
the
useful
life
for
purposes
of
durability
demonstration
and
generating
deterioration
factors.
d.
What
maintenance
is
allowed
during
service
accumulation.
For
vehicles
certified
to
the
minimum
useful
life,
emission­
related
maintenance
is
generally
not
allowed
during
service
accumulation.
The
only
maintenance
that
may
be
done
must
be
(
1)
regularly
scheduled,
(
2)
unrelated
to
emissions,
and
(
3)
technologically
necessary.
This
typically
includes
changing
engine
oil,
oil
filter,
fuel
filter,
and
air
filter.

5.
Do
These
Standards
Apply
to
Alternative­
Fueled
Engines?
These
standards
apply
to
all
sparkignited
recreational
vehicles,
without
regard
to
the
type
of
fuel
used.
However,
because
we
are
not
aware
of
any
alternative­
fueled
recreational
vehicles
sold
into
the
U.
S.
market,
we
are
not
adopting
extensive
special
provisions
to
address
them
at
this
time.

6.
Is
EPA
Controlling
Crankcase
Emissions?
We
are
requiring
that
new
offhighway
motorcycles
and
ATVs
not
emit
crankcase
vapors
directly
to
the
atmosphere.
This
requirement
will
phase
in
beginning
in
2006
and
be
fully
phased
in
by
2007.
California's
regulations
for
off­
highway
motorcycles
and
ATVs,
which
has
been
in
effect
since
1997,
also
prohibits
the
venting
of
crankcase
vapors
into
the
atmosphere.
The
major
ATV
manufacturers
sell
many
of
their
California
certified
ATV
models
federally
as
50­
state
applications.
Thus,
many
ATVs
sold
federally
already
control
crankcase
emissions.
The
only
exceptions
could
be
some
of
the
small
youth
ATV
models
that
are
imported
from
Asia.
The
typical
control
strategy
used
to
control
crankcase
emissions
is
to
route
the
crankcase
vapors
back
to
the
engine
intake.
This
is
consistent
with
our
previous
regulation
of
crankcase
emissions
from
such
diverse
sources
as
highway
motorcycles,
outboard
and
personal
water
craft
marine
engines,
locomotives,
and
passenger
cars.
We
have
data
from
California
ARB
showing
that
a
performance­
based
four­
stroke
offhighway
motorcycle
experienced
considerably
higher
tailpipe
emission
results
when
crankcase
emissions
were
routed
back
into
the
intake
of
the
engine,
illustrating
the
potentially
high
levels
of
crankcase
emissions
that
exist.
63
New
snowmobiles
must
also
have
closed
crankcases,
beginning
in
2006.
This
requirement
is
relevant
only
for
four­
stroke
snowmobiles,
however,
since
two­
stroke
engines,
by
virtue
of
their
operation,
have
closed
crankcases.
Information
on
the
costs
and
benefits
of
this
action
can
be
found
in
the
Final
Regulatory
Support
Document.

D.
Testing
Requirements
1.
What
Duty
Cycles
Are
Used
To
Measure
Emissions?
Testing
a
vehicle
or
engine
for
emissions
typically
consists
of
exercising
it
over
a
prescribed
duty
cycle
of
speeds
and
loads,
typically
using
a
chassis
or
engine
dynamometer.
The
nature
of
the
duty
cycle
used
for
determining
compliance
with
emission
standards
during
the
certification
process
is
critical
in
evaluating
the
likely
emission
performance
of
engines
designed
to
those
standards.
Duty
cycles
must
be
relatively
comparable
to
the
way
equipment
is
actually
used
because
if
they
are
not,
then
compliance
with
emission
standards
would
not
assure
that
emissions
from
the
equipment
are
actually
being
reduced
in
use
as
intended.
a.
Off­
highway
Motorcycles
and
ATVs.
For
testing
off­
highway
motorcycles
and
ATVs,
we
specify
the
current
highway
motorcycle
test
procedure
be
used
for
measuring
emissions.
The
highway
motorcycle
test
procedure
is
very
similar
to
the
test
procedure
as
used
for
light­
duty
vehicles
(
i.
e.,
passenger
cars
and
trucks)
and
is
referred
to
as
the
Federal
Test
Procedure
(
FTP).
The
FTP
for
a
particular
class
of
engine
or
equipment
is
actually
the
aggregate
of
all
of
the
emission
tests
that
the
engine
or
equipment
must
meet
to
be
certified.
However,
the
term
FTP
has
also
been
used
traditionally
to
refer
to
the
exhaust
emission
test
based
on
the
Urban
Dynamometer
Driving
Schedule
(
UDDS),
also
referred
to
as
the
LA
 
4
(
Los
Angeles
Driving
Cycle
#
4).
The
UDDS
is
a
chassis
dynamometer
driving
cycle
that
consists
of
numerous
``
hills''

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Vol.
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No.
217
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November
8,
2002
/
Rules
and
Regulations
64
``
Development
and
Validation
of
a
Snowmobile
Engine
Emission
Test
Procedure,''
Jeff
J.
White,
Southwest
Research
Institute
and
Christopher
W.
Wright,
Arctic
Cat,
Inc.,
Society
of
Automotive
Engineers
paper
982017,
September,
1998.
(
Docket
A
 
2000
 
1;
document
II
 
D
 
05).
which
represent
a
driving
event.
Each
hill
includes
accelerations,
steady­
state
operation,
and
decelerations.
There
is
an
idle
between
each
hill.
The
FTP
consists
of
a
cold
start
UDDS,
a
10­
minute
soak,
and
a
hot
start.
The
emissions
from
these
three
separate
events
are
collected
into
three
unique
bags.
Each
bag
represents
one
of
the
events.
Bag
1
represents
cold
transient
operation,
Bag
2
represents
cold
stabilized
operation,
and
Bag
3
represents
hot
transient
operation.
For
highway
motorcycles,
we
have
three
classes
based
on
engine
displacement,
with
Class
I
(
50
to
169
cc)
being
the
smallest
and
Class
III
(
280
cc
and
over)
being
the
largest.
The
highway
motorcycle
regulations
allow
Class
I
motorcycles
to
be
tested
on
a
less
severe
UDDS
cycle
than
the
Class
II
and
III
motorcycles.
This
is
accomplished
by
reducing
the
acceleration
and
deceleration
rates
on
some
the
more
aggressive
``
hills.''
We
proposed
to
use
this
same
class/
cycle
distinction
for
offhighway
motorcycles
and
ATVs.
In
other
words,
we
proposed
that
offhighway
motorcycles
and
ATVs
with
an
engine
displacement
at
or
below
169
cc
would
be
tested
over
the
FTP
test
cycle
for
Class
I
highway
motorcycles.
We
proposed
that
off­
highway
motorcycles
and
ATVs
with
engine
displacements
greater
than
169
cc
would
be
tested
over
the
FTP
test
cycle
for
Class
II
and
Class
III
highway
motorcycles.
We
requested
comment
on
the
appropriateness
of
allowing
the
use
of
the
Class
I
test
cycle
for
all
ATVs.
Manufacturers
have
expressed
concerns
over
the
appropriateness
of
testing
ATVs
using
the
FTP
and
the
ability
of
some
ATVs
to
be
run
on
the
test
cycle.
Manufacturers
recommended
for
FTP
testing,
that
all
ATVs
be
tested
over
the
Class
I
cycle.
Manufacturers
stated
that
the
Class
I
cycle
top
speed
of
36
mph
would
be
``
much
more
representative''
of
ATV
operation
than
the
57
mph
top
speed
of
the
Class
III
cycle.
Manufacturers
also
noted
that
California
FTP
testing
is
based
on
the
use
of
the
Class
I
cycle
for
all
ATVs
and
that
the
EPA
program
would
need
to
be
changed
allow
for
harmonization.
Manufacturers
did
not
raise
these
same
concern
for
off­
highway
motorcycles
which
are
tested
in
accordance
with
the
highway
motorcycle
classifications
for
California.
After
considering
this
issue
further,
we
concur
with
the
manufacturer's
comments
and
are
finalizing
the
Class
I
cycle
for
all
ATVs.
One
of
the
objectives
of
the
final
program
is
to
allow
harmonization
with
California
and
this
change
is
fundamental
in
the
manufacturers'
ability
to
use
the
same
FTP
test
data
for
both
programs.
Also,
the
average
speeds
of
in­
use
ATVs
appear
to
be
significantly
lower
than
we
estimated
in
the
analysis
for
the
proposal
(
8
 
13
mph
compared
to
20
mph).
The
new
data
on
ATV
usage
alleviates
concerns
that
the
lower
speeds
of
the
Class
I
test
cycle
might
miss
significant
high­
speed
ATV
operation.
The
change
in
the
test
procedure
is
directionally
consistent
with
this
new
data.
In
addition,
the
change
in
test
procedure
will
enable
ATVs
in
general
to
be
tested
over
the
FTP
with
fewer
issues
concerning
the
ability
of
the
vehicles
to
operate
over
the
driving
cycle.
We
are
finalizing
the
test
procedure
requirements
as
proposed
for
off­
highway
motorcycles.
We
believe
that
the
manufacturer's
concerns
regarding
the
FTP
are
also
addressed
by
the
option
to
test
the
smallest
ATVs
(
up
to
100
cc)
to
J
 
1088
standards
permanently.
These
vehicles
are
typically
governed
to
top
speeds
below
the
36
mph
contained
in
the
Class
I
FTP
cycle.
Also,
the
small
displacement
ATVs
may
be
most
strenuously
tested
(
i.
e.,
more
operation
at
high
loads)
on
the
FTP
due
to
their
lower
horsepower
output.
We
acknowledge
that
chassis
dynamometers
for
ATVs
could
be
costly
to
purchase
and
difficult
to
put
in
place
in
the
near
term,
especially
for
smaller
manufacturers.
As
discussed
in
Section
III.
C.
1.
b,
we
are
allowing
the
use
of
the
J1088
engine
test
cycle
as
a
transitional
option
through
model
year
2008.
The
J1088
option
expires
after
2008
and
the
FTP
becomes
the
required
test
cycle
in
2009.
As
noted
above,
EPA
is
currently
in
discussions
with
ATV
manufacturers
to
determine
whether
a
new
test
cycle
is
appropriate.
The
J1088
may
be
discontinued
earlier
than
2009
if
another
test
procedure
is
implemented.
b.
Snowmobiles.
We
are
adopting
the
snowmobile
duty
cycle
developed
by
Southwest
Research
Institute
(
SwRI)
in
cooperation
with
the
International
Snowmobile
Manufacturers
Association
(
ISMA)
for
all
snowmobile
emission
testing.
64
The
test
procedure
consists
of
two
main
parts;
the
duty
cycle
that
the
snowmobile
engine
operates
over
during
testing
and
other
testing
protocols
surrounding
the
measurement
of
emissions
(
sampling
and
analytical
equipment,
specification
of
test
fuel,
atmospheric
conditions
for
testing,
etc.).
While
the
duty
cycle
was
developed
specifically
to
roughly
approximate
snowmobile
operation,
many
of
the
testing
protocols
are
well
established
in
other
EPA
emission­
control
programs
and
have
been
simply
adapted
where
appropriate
for
snowmobiles.
The
snowmobile
duty
cycle
was
developed
by
instrumenting
several
snowmobiles
and
operating
them
in
the
field
in
a
variety
of
typical
riding
styles,
including
aggressive
(
trail),
moderate
(
trail),
double
(
trail
with
operator
and
one
passenger),
freestyle
(
off­
trail),
and
lake
driving.
A
statistical
analysis
of
the
collected
data
produced
the
five
mode
steady­
state
test
cycle
is
shown
in
Table
III.
D
 
1.
This
duty
cycle
is
the
one
that
was
used
to
generate
the
baseline
emissions
levels
for
snowmobiles,
and
we
believe
it
is
the
most
appropriate
for
demonstrating
compliance
with
the
snowmobile
emission
standards
at
this
time.

TABLE
III.
D
 
1.
 
SNOWMOBILE
ENGINE
TEST
CYCLE
Engine
parameter
Mode
1
2
3
4
5
Normalized
Speed
.........................................................................
1.00
0.85
0.75
0.65
Idle
Normalized
Torque
........................................................................
1.00
0.51
0.33
0.19
0.00
Relative
Weighting
(
in
percent)
.....................................................
12
27
25
31
5
The
rest
of
the
testing
protocol
is
largely
derived
from
our
regulations
for
marine
outboard
and
personal
water
craft
engines,
as
recommended
in
the
SwRI/
ISMA
test
cycle
development
work
(
61
FR
52088,
October
4,
1996).

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65
For
example,
importers
may
have
access
to
large
supplies
of
vehicles
from
major
overseas
manufacturers
and
potentially
could
substantially
increase
their
market
share
by
selling
less
expensive
noncomplying
products.
The
testing
equipment
and
procedures
from
that
regulation
are
generally
appropriate
for
snowmobiles,
including
the
provisions
for
raw
exhaust
gas
sampling
which
are
being
adopted
here
for
snowmobiles.
Unlike
marine
engines,
however,
snowmobiles
tend
to
operate
in
cold
ambient
temperatures.
Thus,
some
provision
needs
to
be
made
in
the
snowmobile
test
procedure
to
account
for
the
colder
ambient
temperatures
typical
of
snowmobile
operation.
Since
snowmobile
carburetors
are
jetted
for
specific
ambient
temperatures
and
pressures,
appropriate
accounting
for
typical
operating
temperatures
is
important
to
assure
that
anticipated
emissions
reductions
actually
occur
in
use.
We
proposed
that
snowmobile
engine
inlet
air
temperature
be
between
¥
15
°
C
and
¥
5
°
C
(
5
°
F
and
23
°
F),
but
that
the
ambient
temperature
in
the
test
cell
not
be
required
to
be
refrigerated.
We
received
comments
stating
that
this
approach
would
be
expensive
due
to
the
need
for
refrigeration
equipment,
pointing
out
that
the
snowmobile
manufacturers
do
not
currently
have
the
capacity
for
cold
testing.
Further,
we
received
comments
that
accurate
emissions
results
can
be
obtained
using
appropriate
jetting
determined
by
extrapolating
from
the
manufacturer's
jet
chart
(
if
necessary).
We
agree
that
emissions
can
be
accurately
measured
at
higher
ambient
temperatures
provided
that
the
proper
compensation
be
made
in
the
fueling
system.
For
carbureted
engines
this
means
jetting
the
engine
appropriately
for
the
test
temperature.
For
electronically
controlled
engines
this
doesn't
tend
to
be
an
issue
because
such
technology
generally
includes
temperature
compensation
in
its
control
algorithms.
However,
one
manufacturer
stated
that
for
snowmobiles
that
have
electronically
controlled
engines,
it
would
be
preferable
and
environmentally
appropriate
to
test
with
colder
inlet
temperatures.
Thus,
we
are
adopting
the
option
to
allow
snowmobile
testing
using
either
cold
engine
inlet
air
temperatures
between
¥
15
°
C
and
¥
5
°
C
(
5
°
F
and
23
°
F)
or
warm
engine
inlet
air
temperatures
between
20
°
C
and
30
°
C
(
68
°
F
and
86
°
F).
However,
depending
on
the
location
of
the
air
box
where
inlet
air
enters
the
engine
intake
system,
the
inlet
temperature
could
be
considerably
warmer
than
ambient
conditions.
For
a
snowmobile
that
does
not
have
temperature
compensating
capabilities,
it
could
be
possible
to
get
a
moderate
emission
reduction
due
to
the
increase
in
air
density
that
results
at
colder
temperatures
from
the
artificially
induced
test
inlet
air.
These
emission
reductions
would
not
occur
in
real
operation
since
actual
inlet
air
would
be
warmer.
Therefore,
to
use
the
colder
inlet
temperature
option,
a
manufacturer
must
demonstrate
that
for
the
given
engine
family,
the
temperature
of
the
inlet
air
within
the
air
box
is
consistent
with
the
inlet­
air
temperature
test
conditions.

2.
What
Fuels
Will
Be
Used
During
Exhaust
Emission
Testing?
We
are
adopting
fuel
specifications
as
proposed
for
all
recreational
vehicles
that
we
have
specified
for
2004
and
later
light­
duty
vehicles.

3.
Are
There
Production­
Line
Testing
Provisions
for
These
Engines?
Recreational
vehicle
or
engine
manufacturers
must
perform
emission
tests
on
a
small
percentage
of
their
production
as
it
leaves
the
assembly
line
to
ensure
that
production
vehicles
operate
at
certified
emission
levels.
The
broad
outline
of
this
program
is
discussed
in
Section
II.
C.
4
above.
Production­
line
testing
must
be
performed
using
the
same
test
procedures
as
for
certification
testing.

E.
Special
Compliance
Provisions
As
described
in
Section
XI.
B,
the
report
of
the
inter­
agency
Small
Business
Advocacy
Review
Panel
addresses
the
concerns
of
small­
volume
manufacturers
of
recreational
vehicles.
We
proposed
to
adopt
the
provisions
recommended
by
the
panel
and
received
comments
on
the
proposals.
We
are
finalizing
the
provisions
below
as
proposed,
with
the
modifications
as
noted.

Off­
Highway
Motorcycles
and
ATVs
To
identify
representatives
of
small
businesses
for
this
process,
we
used
the
definitions
provided
by
the
Small
Business
Administration
for
motorcycles,
ATVs,
and
snowmobiles
(
fewer
than
500
employees).
Eleven
small
businesses
agreed
to
serve
as
small­
entity
representatives.
These
companies
represented
a
cross­
section
of
off­
highway
motorcycle,
ATV,
and
snowmobile
manufacturers,
as
well
as
importers
of
off­
highway
motorcycles
and
ATVs.
As
discussed
above,
our
emission
standards
for
off­
highway
motorcycles
and
ATVs
will
likely
necessitate
the
widespread
use
of
four­
stroke
engines.
Most
small­
volume
off­
highway
motorcycle
and
ATV
importers
 
and
to
a
lesser
degree,
small­
volume
manufacturers
 
currently
use
twostroke
engines.
While
four­
stroke
engines
are
common
in
motorcycles
and
ATVs
in
general,
their
adoption
by
any
manufacturer
is
still
a
significant
business
challenge.
Small
manufacturers
of
these
engines
may
face
additional
challenges
in
certifying
engines
to
emission
standards,
because
the
cost
of
certification
would
be
spread
over
the
relatively
few
engines
they
produce.
These
higher
per­
unit
costs
may
place
small
manufacturers
at
a
competitive
disadvantage
without
specific
provisions
to
address
this
burden.
We
are
applying
the
flexibilities
described
below
to
engines
produced
or
imported
by
small
entities
with
combined
off­
highway
motorcycle
and
ATV
annual
sales
of
fewer
than
5,000
units.
The
inter­
agency
panel
recommended
these
provisions
to
address
the
potentially
significant
adverse
effects
on
small
entities
of
an
emission
standard
that
may
require
conversion
to
four­
stroke
engines.
The
5,000­
unit
threshold
is
intended
to
focus
these
flexibilities
on
those
segments
of
the
market
where
the
need
is
likely
to
be
greatest
and
to
ensure
that
the
flexibilities
do
not
result
in
significant
adverse
environmental
effects
during
the
period
of
additional
lead­
time
recommended
below.
65
In
addition,
we
are
limiting
some
or
all
of
these
flexibilities
to
companies
that
are
in
existence
or
have
product
sales
at
the
time
we
proposed
emission
standards
to
avoid
creating
arbitrary
opportunities
in
the
import
sector,
and
to
guard
against
the
possibility
of
corporate
reorganization,
entry
into
the
market,
or
other
action
for
the
sole
purpose
of
circumventing
emission
standards.

Snowmobiles
There
are
only
a
few
small
snowmobile
manufacturers
and
they
sell
only
a
few
hundred
sleds
a
year,
which
represents
less
than
0.5
percent
of
total
annual
production.
Therefore,
the
perunit
cost
of
regulation
may
be
significantly
higher
for
these
small
entities
because
they
produce
very
low
volumes.
Additionally,
these
companies
do
not
have
the
design
and
engineering
resources
to
tackle
compliance
with
emission
standard
requirements
at
the
same
time
as
large
manufacturers
and
tend
to
have
limited
ability
to
invest
the
capital
necessary
to
conduct
emission
testing
related
to
research,
development,
and
certification.
Finally,
the
requirements
of
the
snowmobile
program
may
be
infeasible
or
highly
impractical
because
some
small­
volume
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manufacturers
may
have
typically
produced
engines
with
unique
designs
or
calibrations
to
serve
niche
markets
(
such
as
mountain
riding).
The
new
snowmobile
emission
standards
may
impose
significant
economic
hardship
on
these
few
manufacturers
whose
market
presence
is
small.
We
therefore
believe
significant
flexibility
is
necessary
and
appropriate
for
this
category
of
small
entities,
as
described
below.

Flexibilities
1.
Additional
lead
time.
We
are
adopting
a
delay
of
two
years
beyond
the
date
larger
businesses
must
comply
to
ease
the
burden
for
small
businesses.
This
will
provide
extra
time
to
develop
technology
and,
in
the
case
of
importers,
extra
time
to
resolve
supplier
issues
that
may
arise.
The
two­
year
delay
also
applies
to
the
timing
of
the
Phase
2
standards
for
snowmobiles.
In
addition,
for
small
snowmobile
manufacturers,
the
emission
standards
phase
in
over
an
additional
two
years
at
a
rate
of
50
percent,
then
100
percent.
Phase
1
phases
in
at
50/
50/
100
percent
in
2008/
2009/
2010
and
Phase
2
phases
in
at
50/
50/
100
percent
in
2012/
2013/
2014.
2.
Design­
based
certification.
The
process
of
certification
is
a
business
cost
and
lead
time
issue
that
may
place
a
disproportionate
burden
on
small
entities,
particularly
importers.
Certification
is
a
fixed
cost
of
doing
business,
which
is
potentially
more
burdensome
on
a
unit­
cost
basis
for
small
entities.
It
is
potentially
an
even
greater
challenge,
since
some
small
entities
will
either
contract
emission
testing
to
other
parties
or,
in
the
case
of
importers,
perhaps
rely
on
off­
shore
manufacturers
to
develop
and
certify
imported
engines.
Small­
volume
manufacturers
may
use
design­
based
certification,
which
allows
us
to
issue
a
certificate
to
a
small
business
for
the
emission­
performance
standard
based
on
a
demonstration
that
engines
or
vehicles
of
a
similar
design
criteria
meet
the
standards
of
the
individual
engine
family.
The
small
vehicle
manufacturer
must
demonstrate
that
their
engine
uses
a
design
similar
to
or
superior
to
one
that
is
being
used
by
other
manufacturers
that
has
been
shown
through
prior
emission
testing
to
meet
the
standards.
The
demonstration
must
be
based
in
part
on
emission
test
data
from
engines
of
a
similar
design.
Under
a
design­
based
certification
program,
a
manufacturer
provides
evidence
in
the
application
for
certification
that
an
engine
or
vehicle
meets
the
applicable
standards
for
its
useful
life
based
on
comparing
its
design
(
for
example,
the
use
a
fourstroke
engine,
advanced
fuel
injection,
or
any
other
particular
technology
or
calibration)
to
that
of
a
previously
tested
engine.
The
design
criteria
might
include
specifications
for
engine
type,
calibrations
(
spark
timing,
air
/
fuel
ratio,
etc.),
and
other
emission­
critical
features,
including,
if
appropriate,
catalysts
(
size,
efficiency,
precious
metal
loading).
Manufacturers
submit
adequate
engineering
and
other
information
about
their
individual
designs
showing
that
they
will
meet
emission
standards
for
the
useful
life.
3.
Broaden
engine
families.
Small
businesses
may
define
their
engine
families
more
broadly,
putting
all
their
models
into
one
engine
family
(
or
more)
for
certification
purposes.
Manufacturers
may
then
certify
their
engines
using
the
``
worst­
case''
configuration
within
the
family.
A
small
manufacturer
might
need
to
conduct
certification
emission
testing
rather
than
pursuing
design­
based
certification.
Such
a
manufacturer
would
likely
find
broadened
engine
families
useful.
4.
Production­
line
testing
waiver.
As
discussed
above,
manufacturers
must
test
a
small
sampling
of
production
engines
to
ensure
that
production
engines
meet
emission
standards.
We
are
waiving
production­
line
testing
requirements
for
small
manufacturers.
This
will
eliminate
or
substantially
reduce
production­
line
testing
requirements
for
small
businesses.
5.
Use
of
assigned
deterioration
factors
for
certification.
Small
manufacturers
may
use
deterioration
factors
assigned
by
EPA.
Rather
than
performing
a
durability
demonstration
for
each
family
for
certification,
manufacturers
may
elect
to
use
deterioration
factors
determined
by
us
to
demonstrate
emission
levels
at
the
end
of
the
useful
life,
thus
reducing
the
development
and
testing
burden.
This
might
be
a
very
useful
and
costbeneficial
option
for
a
small
manufacturer
opting
to
perform
certification
emission
testing
instead
of
design­
based
certification.
6.
Using
emission
standards
and
certification
from
other
EPA
programs.
A
wide
array
of
engines
certified
to
other
EPA
programs
may
be
used
in
recreational
vehicles.
For
example,
there
is
a
large
variety
of
engines
certified
to
EPA
lawn
and
garden
standards
(
Small
SI).
Manufacturers
of
recreational
vehicles
may
use
engines
certified
to
any
other
EPA
standards
for
five
years.
Under
this
approach,
engines
certified
to
the
Small
SI
standards
may
be
used
in
recreational
vehicles.
These
engines
would
then
meet
the
Small
SI
standards
and
related
provisions
rather
than
those
adopted
in
this
document
for
recreational
vehicles.
Small
businesses
using
these
engines
will
not
have
to
recertify
them,
as
long
as
they
do
not
alter
the
engines
in
a
way
that
might
cause
it
to
exceed
the
emission
standards
it
was
originally
certified
to
meet.
Also,
the
recreational
vehicle
application
may
not
be
the
primary
intended
application
for
the
engine.
Additionally,
a
certified
snowmobile
engine
produced
by
a
large
snowmobile
manufacturer
may
be
used
by
a
small
snowmobile
manufacturer,
as
long
as
the
small
manufacturer
did
not
change
the
engine
in
a
way
that
might
cause
it
to
exceed
the
snowmobile
emission
standards.
This
provides
a
reasonable
degree
of
emission
control.
For
example,
if
a
manufacturer
changed
a
certified
engine
only
by
replacing
the
stock
exhaust
pipes
with
pipes
of
similar
configuration
or
the
stock
muffler
and
air
intake
box
with
a
muffler
and
air
box
of
similar
air
flow,
the
engine
would
still
be
eligible
for
this
flexibility
option,
subject
to
our
review.
The
manufacturer
may
also
change
the
carburetor
to
have
a
leaner
air­
fuel
ratio
without
losing
eligibility.
The
manufacturer
in
such
cases
could
establish
a
reasonable
basis
for
knowing
that
emissions
performance
is
not
negatively
affected
by
the
changes.
However,
if
the
manufacturer
changed
the
bore
or
stroke
of
the
engine,
it
would
no
longer
qualify,
as
emissions
might
increase
beyond
the
level
of
the
standard.
7.
Averaging,
banking,
and
trading.
For
the
overall
program,
we
are
adopting
corporate­
average
emission
standards
with
opportunities
for
banking
and
trading
of
emission
credits.
We
expect
the
averaging
provisions
to
be
most
helpful
to
manufacturers
with
broad
product
lines.
Small
manufacturers
and
small
importers
with
only
a
few
models
might
not
have
as
much
opportunity
to
take
advantage
of
these
flexibilities.
However,
we
received
comment
from
one
small
manufacturer
supporting
these
types
of
provisions
as
a
critical
component
of
the
program.
Therefore,
we
are
adopting
corporateaverage
emission
standards
with
opportunities
for
banking
and
trading
of
emission
credits
for
small
manufacturers.
8.
Hardship
provisions.
We
are
adopting
provisions
to
address
hardship
circumstances,
as
described
in
Section
VII.
C.
9.
Unique
snowmobile
engines.
Even
with
the
broad
flexibilities
described
above,
there
may
be
a
situation
where
a
small
snowmobile
manufacturer
cannot
comply.
Therefore,
we
are
adopting
an
additional
provision
to
allow
a
small
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Rules
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66
The
engines
are
small
relative
to
automotive
engines.
For
example,
automotive
engines
typically
range
from
one
liter
to
well
over
five
liters
in
displacement,
whereas
off­
highway
motorcycles
range
from
0.05
liters
to
0.65
liters.
snowmobile
manufacturer
to
petition
us
for
relaxed
standards
for
one
or
more
engine
families.
The
manufacturer
must
justify
that
the
engine
has
unique
design,
calibration,
or
operating
characteristics
that
make
it
atypical
and
infeasible
or
highly
impractical
to
meet
the
emission­
reduction
requirements,
considering
technology,
cost,
and
other
factors.
At
our
discretion,
we
may
then
set
an
alternative
standard
at
a
level
between
the
prescribed
standard
and
the
baseline
level,
which
would
likely
apply
until
the
engine
family
is
retired
or
modified
in
a
way
that
might
alter
emissions.
These
engines
will
be
excluded
from
averaging
calculations.
We
proposed
that
this
provision
be
limited
to
300
snowmobiles
per
year.
However,
we
received
comment
that
this
limit
is
too
restrictive
to
be
of
much
assistance
to
small
businesses.
Based
on
this
comment
we
are
adopting
a
limit
for
this
provision
of
600
snowmobiles
per
year.

F.
Technological
Feasibility
of
the
Standards
1.
Off­
highway
Motorcycles
and
ATVs
We
believe
the
new
emission
standards
are
technologically
feasible
given
the
availability
of
emissioncontrol
technologies,
as
described
below.
a.
What
are
the
baseline
technologies
and
emission
levels?
As
discussed
earlier,
off­
highway
motorcycles
and
ATVs
are
equipped
with
relatively
small
(
48
to
650
cc)
high­
performance
two­
or
four­
stroke
single
cylinder
engines
that
are
either
air­
or
liquid­
cooled.
66
Since
these
vehicles
are
unregulated
outside
of
the
state
of
California,
the
main
emphasis
of
engine
design
is
on
performance,
durability,
and
cost
and
thus
they
generally
have
no
emission
controls.
The
fuel
systems
used
on
these
engines
are
almost
exclusively
carburetted.
Two­
stroke
engines
lubricate
the
piston
and
crankshaft
by
mixing
oil
with
the
air
and
fuel
mixture.
This
is
accomplished
by
most
contemporary
two­
stroke
engines
with
a
pump
that
sends
two­
cycle
oil
from
a
separate
oil
reserve
to
the
carburetor
where
it
is
mixed
with
the
air
and
fuel
mixture.
Some
less
expensive
twostroke
engines
require
that
the
oil
be
mixed
with
the
gasoline
in
the
fuel
tank.
Four­
stroke
engines
inject
oil
via
a
pump
throughout
the
engine
as
the
means
of
lubrication.
With
the
exception
of
those
vehicles
certified
in
California,
most
of
these
engines
are
unregulated
and
thus
have
no
emission
controls.
For
ATVs,
approximately
80­
percent
use
four­
stroke
engines
while
only
55
percent
of
off­
highway
motorcycles
use
four­
stroke
engines.
The
average
HC
emissions
for
twostroke
engines
are
about
35
g/
km,
while
the
average
for
four­
stroke
engines
are
1.5
g/
km.
CO
emissions
levels
are
very
similar
between
the
types
of
engines
with
two­
stroke
levels
of
approximately
34
g/
km
and
four­
stroke
levels
of
30
g/
km.
For
performance
and
durability
reasons,
off­
highway
motorcycle
and
ATV
engines
all
tend
to
operate
with
a
``
rich''
air
and
fuel
mixture.
That
is,
they
operate
with
excess
fuel,
which
enhances
performance
and
allows
engine
cooling
to
promote
longer
engine
life.
However,
rich
operation
results
in
high
levels
of
HC,
CO,
and
PM
emissions.
Also,
two­
stroke
engines
tend
to
have
high
scavenging
losses,
where
up
to
a
third
of
the
unburned
air
and
fuel
mixture
goes
out
of
the
exhaust
resulting
in
high
levels
of
HC
emissions.
b.
What
technology
approaches
are
available
to
control
emissions?
Several
approaches
are
available
to
control
emissions
from
off­
highway
motorcycles
and
ATVs.
The
simplest
approach
consists
of
modifications
to
the
base
engine,
fuel
system,
cooling
system,
and
recalibration
of
the
air
and
fuel
mixture.
These
changes
may
include
adjusting
valve
timing
for
four­
stroke
engines,
changing
from
air­
to
liquid­
cooling,
and
using
advanced
carburetion
techniques
or
electronic
fuel
injection
instead
of
traditional
carburetion
systems.
Other
approaches
may
include
secondary
air
injected
into
the
exhaust,
an
oxidation
or
three­
way
catalyst,
or
a
combination
of
secondary
air
and
a
catalyst.
The
engine
technology
that
may
have
the
most
potential
for
maximizing
emission
reductions
from
two­
stroke
engines
is
direct
fuel
injection.
Direct
fuel
injection
is
able
to
reduce
or
even
eliminate
scavenging
losses
by
pumping
only
air
through
the
engine
and
then
injecting
fuel
into
the
combustion
chamber
after
the
intake
and
exhaust
ports
have
closed.
Using
oxidation
catalysts
with
direct
injection
may
reduce
emissions
even
further.
Finally,
converting
from
two­
stroke
to
fourstroke
engine
technology
will
significantly
reduce
HC
emissions.
All
of
these
technologies
have
the
capability
to
reduce
HC
and
CO
emissions.
We
expect
none
of
these
technologies
to
negatively
affect
noise,
safety,
or
energy
factors.
Fuel
injection
can
improve
the
combustion
process
which
can
result
in
lower
engine
noise.
The
vast
majority
of
four­
stroke
engines
used
in
off­
highway
motorcycles
and
ATVs
are
considerably
quieter
than
their
twostroke
counterparts.
Fuel
injection
has
no
impact
on
safety
and
four­
stroke
engines
often
have
a
more
``
forgiving''
power
band
which
means
the
typical
operator
may
find
the
performance
of
the
machine
to
be
more
reasonable
and
safe.
Fuel
injection,
the
enleanment
of
the
air
and
fuel
mixture
and
four­
stroke
technology
all
can
result
in
significant
reductions
in
fuel
consumption.
c.
What
technologies
are
most
likely
to
be
used
to
meet
emission
standards?

Four­
Stroke
Engines
Most
manufacturers
have
experience
with
four­
stroke
engine
technology
and
currently
have
several
models
powered
by
four­
stroke
engines.
This
is
especially
true
in
the
ATV
market
where
four­
stroke
engines
account
for
80
percent
of
sales.
Because
four­
stroke
engines
have
been
so
prevalent
over
the
last
10
years
in
the
off­
highway
motorcycle
and
ATV
industry,
manufacturers
have
developed
a
high
level
of
confidence
in
four­
stroke
technology
and
its
application.
Manufacturers
of
off­
highway
motorcycles
and
ATVs
utilizing
fourstroke
engines
will
need
to
make
some
minor
calibration
changes
and
improvements
to
the
carburetor
to
meet
emission
standards
for
the
2006
model
year.
Some
of
these
modifications
may
have
already
been
incorporated
in
response
to
California
requirements.
The
calibration
changes
will
most
likely
consist
of
reducing
the
amount
of
fuel
in
the
air­
fuel
mixture.
This
is
commonly
referred
to
as
leaning
out
the
air­
fuel
ratio.
Although
four­
stroke
engines
produce
considerably
lower
levels
of
HC
than
two­
stroke
engines,
the
four­
stroke
engines
used
in
offhighway
motorcycles
and
ATVs
all
tend
to
be
calibrated
to
operate
with
a
rich
air­
fuel
ratio
for
performance
and
durability
benefits.
This
rich
operation
results
in
high
levels
of
CO,
since
CO
is
formed
in
the
engine
when
there
is
a
lack
of
oxygen
to
complete
combustion.
We
believe
that
many
of
these
engines
are
calibrated
to
operate
richer
than
needed,
because
they
have
either
never
had
to
consider
emissions
when
optimizing
air­
fuel
ratio
or
those
that
are
certified
to
the
California
standards
can
operate
richer
because
the
California
ATV
CO
standards
are
fairly
lenient.
Carburetors
with
tighter
tolerances
ensure
more
precise
flow
of
fuel
and
air,
resulting
in
better
fuel
atomization
(
i.
e.,
smaller
fuel
droplets),
better
combustion,
and
lower
emissions.
In
addition
to
converting
to
fourstroke
technology
and
making
some
minor
calibration
and
carburetion
improvements
to
meet
the
2006
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Regulations
emission
standards,
manufacturers
may
need
to
use
secondary
air
injection
on
some
models.
Secondary
air
has
been
used
by
passenger
cars
and
highway
motorcycles
for
many
years
as
a
means
to
help
control
HC
and
CO.
The
hot
exhaust
gases
coming
from
the
combustion
chamber
contain
significant
levels
of
unburned
HC
and
CO.
If
sufficient
oxygen
is
present,
these
gases
will
continue
to
react
in
the
exhaust
system,
reducing
the
amount
of
pollution
emitted
into
the
atmosphere.
To
assure
that
sufficient
oxygen
is
present
in
the
exhaust,
air
is
injected
into
the
exhaust
system.
For
offhighway
motorcycles
and
ATVs,
the
additional
air
can
be
injected
into
the
exhaust
manifold
using
a
series
of
check
valves
which
use
the
normal
pressure
pulsations
in
the
exhaust
manifold
to
draw
air
from
outside,
commonly
referred
to
as
pulse
air
injection.
We
have
tested
several
four­
stroke
ATVs
with
secondary
air
injected
into
the
exhaust
manifold
and
found
that
the
HC
and
CO
emission
levels
were
below
the
standards
(
further
details
of
our
secondary
air
testing
are
described
in
the
Final
Regulatory
Support
Document).
A
small
number
of
models
in
California
have
been
equipped
with
secondary
air
technology.
It
is
likely
that
some
manufacturers
will
opt
to
use
secondary
air
systems
to
reduce
emissions
in
addition
to
enleanment
strategies
to
meet
EPA
standards.
We
believe
this
may
be
especially
true
for
ATVs
meeting
the
1.5
g/
km
HC+
NOX
standard.
Using
these
systems
would
also
provide
manufacturers
with
more
flexibility
within
the
averaging
scheme
and
would
allow
them
to
avoid
any
negative
affects
on
performance
that
could
accompany
excessive
enleanment.
Also,
several
models
are
not
certified
to
California
standards,
including
some
four­
stroke
models.
Manufacturers
may
use
secondary
air
on
a
more
widespread
basis
to
bring
all
models
into
compliance.
Since
the
emission
standards
address
HC
+
NOX,
as
well
as
CO,
manufacturers
will
have
to
use
an
emission­
control
strategy
or
technology
that
doesn't
cause
NOX
emissions
to
increase
disproportionately.
However,
since
all
of
these
vehicles
operate
with
rich
airfuel
ratios,
as
discussed
above,
NOX
levels
from
these
engines
are
generally
low
and
strategies
designed
to
focus
on
HC
reduction
allow
manufacturers
to
meet
emission
standards
with
no
significant
increase
in
NOX
levels.

Two­
Stroke
Engines
Off­
highway
motorcycles
and
ATVs
using
two­
stroke
engines
will
present
a
greater
challenge
for
compliance
with
emission
standards.
Since
baseline
HC
and
CO
emission
levels
are
so
high
for
two­
stroke
engines,
it
would
be
very
difficult
for
any
two­
stroke
engine
to
meet
our
standards
with
current
production
technologies.
Although
catalysts
have
been
used
for
two­
stroke
powered
mopeds,
scooters,
and
small
displacement
highway
motorcycles
in
Europe
and
Asia,
the
standards
and
test
cycles
are
significantly
different
from
ours
and
there
is
no
way
to
make
reasonable
comparisons.
We
have
not
performed
any
testing,
nor
are
we
aware
of
any
emission
test
data
on
the
use
of
catalysts
on
ATV
and
off­
highway
motorcycle
two­
stroke
engines.
Therefore,
we
do
not
believe
that
catalysts
would
be
available
for
twostroke
engines
that
would
meet
our
standards
in
the
time
frame
necessary
to
comply
with
our
program.
Direct
fuel
injection
has
been
successfully
applied
to
two­
stroke
engines
used
in
marine
personal
water
craft,
outboard
engines,
and
small
mopeds
and
scooters
and
is
just
now
being
looked
at
for
off­
highway
motorcycle
applications.
However,
as
discussed
below,
even
this
advanced
technology
cannot
meet
our
standards
alone.
As
described
in
Section
III.
C.
1.
a,
we
are
including
an
optional
standard
for
off­
highway
motorcycles
of
4.0
g/
km
HC
+
NOX,
for
manufacturers
willing
to
certify
competition
motorcycles
that
would
otherwise
be
exempt
from
emission
standards.
We
received
comment
from
REV!
Motorcycles
in
support
of
this
level.
Rev!
plans
to
manufacture
two­
stroke
off­
highway
motorcycles
equipped
with
direct
injection.
Based
on
an
early
analysis
of
the
technology,
REV!
requested
that
EPA
consider
establishing
a
4.0
g/
km
standard
to
allow
them
to
pursue
the
technology
and
have
a
realistic
opportunity
to
meet
emission
standards.
According
to
their
comments,
they
believe
that
their
engines
will
be
capable
of
meeting
the
4.0
g/
km
standard
without
the
use
of
a
catalyst.
Perhaps
most
importantly,
REV!
believes
that
this
is
a
viable
technology
approach
for
competition
models,
which
have
very
high
baseline
emissions.
REV!
shared
their
plans
and
emissions
projections
for
a
single
prototype
model
of
competition
motorcycle.
Production
units,
additional
models,
or
motorcycles
produced
by
other
manufacturers
using
similar
technologies
may
not
be
able
to
achieve
the
4.0
g/
km
level.
The
4.0
g/
km
level
represents
an
HC
reduction
of
90
percent
or
more
from
baseline
levels
for
some
competition
motorcycles,
which
is
likely
to
be
very
challenging.
This
is
one
reason
EPA
is
also
allowing
averaging,
banking,
and
trading
for
this
option.
Averaging
will
provide
flexibility
to
manufacturers
who
have
some
models
that,
while
very
clean
relative
to
baseline
levels,
are
above
the
4.0
g/
km
standard.
Manufacturers
will
be
able
to
use
credits,
for
example,
from
the
sale
of
four­
stroke
machines
with
emissions
below
4.0
g/
km
to
achieve
the
4.0
g/
km
standard
on
average.

2.
Snowmobiles
a.
What
are
the
baseline
technologies
and
emission
levels?
As
discussed
earlier,
snowmobiles
are
equipped
with
relatively
small
high­
performance
twostroke
two
and
three
cylinder
engines
that
are
either
air­
or
liquid­
cooled.
Since
these
vehicles
are
currently
unregulated,
the
main
emphasis
of
engine
design
is
on
performance,
durability,
and
cost
and
thus
they
have
no
emission
controls.
The
fuel
system
used
on
these
engines
are
almost
exclusively
carburetors,
although
some
have
electronic
fuel
injection.
Twostroke
engines
lubricate
the
piston
and
crankshaft
by
mixing
oil
with
the
air
and
fuel
mixture.
This
is
accomplished
by
most
contemporary
two­
stroke
engines
with
a
pump
that
sends
twocycle
oil
from
a
separate
oil
reserve
to
the
carburetor
where
it
is
mixed
with
the
air
and
fuel
mixture.
Some
less
expensive
two­
stroke
engines
require
that
the
oil
be
mixed
with
the
gasoline
in
the
fuel
tank.
Snowmobiles
currently
operate
with
a
``
rich''
air
and
fuel
mixture.
That
is,
they
operate
with
excess
fuel,
which
enhances
performance
and
allows
engine
cooling
which
promotes
longer
lasting
engine
life.
However,
rich
operation
results
in
high
levels
of
HC,
CO,
and
PM
emissions.
Also,
two­
stroke
engines
tend
to
have
high
scavenging
losses,
where
up
to
a
third
of
the
unburned
air
and
fuel
mixture
goes
out
of
the
exhaust
resulting
in
high
levels
of
raw
HC.
Current
average
snowmobile
emission
rates
are
400
g/
kW­
hr
(
296
g/
hp­
hr)
CO
and
150
g/
kW­
hr
(
111
g/
hp­
hr)
HC.
There
are
however,
at
least
two
snowmobile
models
that
use
four­
stroke
engines.
Two
companies
currently
have
a
moderate­
powered
four­
stroke
touring
model
that
has
very
low
emissions.
One
sled
uses
a
small
advanced
automotive
engine,
while
the
other
uses
a
modified
ATV
engine.
Both
engines
are
very
sophisticated,
using
electronic
fuel
injection
and
computer­
based
closedloop
control.
The
other
snowmobile
manufacturers
are
planning
to
release
four­
stroke
models
for
the
2003
model
year,
but
are
focusing
on
higher
performing
models
that,
according
to
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the
manufacturers,
may
not
have
as
good
of
emissions
control
as
the
production
four­
stroke
touring
models.
b.
What
technology
approaches
are
available
to
control
emissions?
We
believe
the
new
emission
standards
are
technologically
feasible.
A
variety
of
technologies
are
currently
available
or
in
stages
of
development
to
be
available
for
use
on
two­
stroke
snowmobiles.
These
include
improvements
to
carburetion
(
improved
fuel
control
and
atomization,
as
well
as
improved
production
tolerances),
enleanment
strategies
for
both
carbureted
and
fuel
injected
engines,
and
semi­
direct
and
direct
fuel
injection.
In
addition
to
these
two­
stroke
technologies,
converting
to
four­
stroke
engines
is
also
feasible.
Each
of
these
is
discussed
in
the
following
paragraphs.
There
are
several
ways
to
improve
carburetion
in
snowmobile
engines.
First,
strategies
to
improve
fuel
atomization
promote
more
complete
combustion
of
the
fuel/
air
mixture.
Additionally,
improved
production
tolerances
enable
more
consistent
fuel
metering.
Both
of
these
changes
allow
more
accurate
control
of
air­
fuel
ratios.
Snowmobile
engines
are
currently
calibrated
with
rich
air­
fuel
ratios
for
durability
reasons.
Leaner
calibrations
to
CO
and
HC
emissions
pose
a
challenge
for
maintaining
engine
durability,
but
many
engine
improvements
are
available
to
prevent
problems.
These
include
changes
to
the
cylinder
head,
pistons,
ports
and
pipes
to
reduce
knock.
In
addition
critical
engine
components
can
be
made
more
robust
to
improve
durability.
The
same
calibration
changes
to
the
air­
fuel
ratio
just
discussed
for
carbureted
engines
can
also
be
employed,
possibly
with
more
accuracy,
by
using
fuel
injection.
At
least
one
major
snowmobile
manufacturer
currently
employs
electronic
fuel
injection
on
several
of
its
snowmobile
models.
In
addition
to
rich
air­
fuel
ratios,
one
of
the
main
reasons
that
two­
stroke
engines
have
such
high
HC
emission
levels
is
that
they
release
a
substantial
amount
of
unburned
fuel
into
the
atmosphere
as
a
result
from
scavenging
losses,
as
described
above.
One
way
to
reduce
or
eliminate
such
losses
is
to
inject
the
fuel
into
the
cylinder
after
the
exhaust
port
has
closed.
This
can
be
done
by
injecting
the
fuel
into
the
cylinder
through
the
transfer
port
(
semidirect
injection)
or
directly
into
the
cylinder
(
direct
injection).
Both
of
these
approaches
are
currently
being
used
successfully
in
two­
stroke
personal
water
craft
engines.
We
believe
these
technologies
hold
promise
for
application
to
snowmobiles.
In
fact,
one
company
is
offering
a
snowmobile
with
a
semi­
direct
injection
two­
stroke
engine
for
the
2003
model
year.
Manufacturers
must
address
a
variety
of
technical
design
issues
for
adapting
the
technology
to
snowmobile
operation,
such
as
operating
in
colder
ambient
temperatures
and
at
variable
altitude.
The
averaging
approach
and
the
several
years
of
lead
time
give
manufacturers
time
to
incorporate
these
development
efforts
into
their
overall
research
plan
as
they
apply
these
technologies
to
snowmobiles.
In
addition
to
the
two­
stroke
technologies
just
discussed,
using
fourstroke
engines
in
snowmobiles
is
another
feasible
approach
to
reduce
emissions.
Since
they
do
not
scavenge
the
exhaust
gases
with
the
incoming
airfuel
mixture,
four­
stroke
engines
have
inherently
lower
HC
emissions
compared
to
two­
stroke
engines.
Fourstroke
engines
have
a
lower
power­
todisplacement
ratio
than
two­
stroke
engines
and
are
heavier.
Thus,
initially
they
may
be
more
appropriate
for
snowmobile
models
where
extreme
power
and
acceleration
are
not
the
primary
selling
points.
Such
models
include
touring
and
sport
trail
sleds.
However,
one
company
has
developed
a
four­
stroke
engine
based
off
one
of
their
sport
highway
motorcycle
engines
that
produces
150
horsepower
and
will
be
used
in
their
high­
performance
snowmobiles
in
the
2003
model
year.
c.
What
technologies
are
most
likely
to
be
used
to
meet
emission
standards?

2006
Standards
We
expect
that,
in
the
context
of
an
emissions
averaging
program,
manufacturers
might
choose
to
take
different
paths
to
meet
the
2006
emission
standards.
We
expect
manufacturers
to
use
a
mix
of
technologies
that
will
include
improved
carburetion
and
enleanment
strategies,
combined
with
engine
modifications,
the
use
of
direct
injection,
and
the
use
of
four­
stroke
engine
technology.
For
example,
depending
on
their
emission
rates,
one
scenario
for
meeting
our
standards
could
be
a
mixture
of
60
percent
using
improved
carburetion,
enleanment
strategies,
and
engine
modifications,
15
percent
using
direct
injection,
and
another
15
percent
using
four­
stroke
engines.
Manufacturers
can
expect
moderate
emission
reductions
from
engine
modifications
and
enleanment
strategies.
Most
two­
stroke
snowmobile
engines
are
designed
to
operate
with
a
rich
air
and
fuel
mixture,
which
result
in
high
levels
of
HC,
CO,
and
PM.
By
reducing
the
amount
of
fuel
in
the
air
and
fuel
mixture
(
i.
e.,
enleanment),
these
emissions
can
be
reduced.
Because
manufacturers
use
the
extra
fuel
in
the
air
and
fuel
mixture
to
help
cool
the
engine,
some
modifications
such
as
the
use
of
more
robust
materials,
may
be
necessary.
Manufacturers
have
indicated
to
us
that
direct
injection
strategies
can
result
in
emission
reductions
of
70
to
75
percent
for
HC
and
50
to
70
percent
for
CO.
Certification
results
from
2000
model
year
outboard
engines
and
personal
water
craft
(
PWC)
support
such
reductions.
We
believe
that
as
manufacturers
learn
to
apply
direct
injection
strategies
they
may
choose
to
implement
those
technologies
on
some
of
their
more
expensive
sleds
and
use
less
aggressive
technologies,
such
as
improved
carburetion
and
enleanment
on
their
lower
performance
models.
It
appears
that
the
use
of
four­
stroke
engines
in
snowmobiles
will
be
more
prevalent
than
we
initially
anticipated.
For
the
2003
model
year,
all
four
of
the
major
snowmobile
manufacturers
will
offer
a
four­
stroke
engine.
Two
manufacturers
have
already
sold
limited
quantities
of
their
four­
stroke
snowmobiles
in
2002.
All
of
these
engines
will
be
appearing
in
at
least
two
different
models
and
in
some
cases
up
to
three
or
four
models.
The
size
and
design
of
these
engines
is
quite
varied.
All
of
the
engines
range
in
size
from
650
cc
to
1000
cc.
There
are
two
cylinder
and
four
cylinder
engines,
fuel
injected
and
carbureted,
moderate
horsepower
and
high
horsepower.
Manufacturers
have
indicated
that
depending
on
their
success,
four­
stroke
engines
will
play
a
large
role
in
meeting
our
standards.

2010
Standards
As
with
the
2006
standards,
we
expect
that
manufacturers
will
use
a
mix
of
technologies
to
meet
our
2010
standards.
To
meet
the
2010
standards,
manufacturers
will
need
to
employ
the
use
of
advanced
technologies
such
as
direct
fuel­
injection
and
four­
stroke
engines
on
a
larger
portion
of
their
production.
As
noted
above,
manufacturers
are
beginning
to
introduce
these
technologies
and
will
be
gaining
experience
with
them
over
the
next
several
years.
Because
we
are
offering
manufacturers
the
option
to
choose
between
two
sets
of
standards
in
2010,
the
mixture
of
technologies
will
be
very
manufacturer
and
engine
family
specific.
For
example,
direct
injection
typically
reduces
CO
significantly
but
does
not
reduce
HC
to
the
same
extent
as
four­
stroke
engines.
Engine
families
that
manufacturers
believe
will
be
most
compatible
with
direct
injection
technology
would
likely
meet
the
75
g/
kW­
hr
HC
and
200
g/
kW­
hr
CO
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Regulations
67
Estimated
reductions
in
permeation
are
95
percent
when
not
considering
competition
vehicles,
which
are
exempt
from
the
standard.
standards.
A
potential
scenario
for
meeting
these
standards
could
be
a
mixture
of
50
percent
direct
injection,
20
percent
four­
stroke
engines,
and
30
percent
with
engine
modifications.
Engine
families
that
manufacturers
believe
will
be
more
compatible
with
four­
stroke
technology,
which
typically
has
superior
HC
emissions
levels
but
do
not
necessarily
have
exceptionally
good
CO
performance,
will
likely
meet
the
45
g/
kW­
hr
HC
and
275
g/
kw­
hr
CO
standards.
Under
either
option,
it
is
possible
that
manufacturers
will
continue
to
sell
two­
stroke
models
with
lesser
levels
of
technology.
Manufacturers
are
likely
to
reduce
emissions
where
possible
from
at
least
a
portion
of
the
remaining
two­
stroke
engines
through
the
use
of
engine
modifications,
calibration
optimization,
and
secondary
air
systems.
In
some
cases
this
will
be
necessary
just
to
meet
the
FEL
cap.
A
potential
scenario
for
meeting
these
standards
could
be
a
mixture
of
70
percent
four­
stroke
engines,
10
percent
direct
fuel
injection,
and
20
percent
with
engine
modifications.

IV.
Permeation
Emission
Control
A.
Overview
In
the
proposal
we
specified
only
exhaust
emission
controls
for
recreational
vehicles.
However,
several
commenters
raised
the
issue
of
control
of
evaporative
emissions
related
to
permeation
from
fuel
tanks
and
fuel
hoses.
The
commenters
stated
that
work
done
by
California
ARB
on
permeation
emissions
from
plastic
fuel
tanks
and
rubber
fuel
line
hoses
for
various
types
of
nonroad
equipment
as
well
as
portable
plastic
fuel
containers
raised
a
new
emissions
concern.
Our
own
investigation
into
the
hydrocarbon
emissions
related
to
permeation
of
fuel
tanks
and
fuel
hoses
from
recreational
land­
based
and
marine
applications
supports
the
concerns
raised
by
the
commenters.
Therefore,
on
May
1,
2002,
we
reopened
the
comment
period
and
requested
comment
on
possible
approaches
to
regulating
permeation
emissions
from
recreational
vehicles.
As
a
result
of
our
investigations
and
the
comments
received,
we
have
determined
that
it
is
appropriate
to
promulgate
standards
regulating
permeation
emissions
from
these
vehicles.
This
section
describes
the
provisions
for
40
CFR
part
1051,
which
would
apply
only
to
recreational
vehicle
manufacturers.
This
section
also
discusses
test
equipment
and
procedures
(
for
anyone
who
tests
fuel
tanks
and
hoses
to
show
they
meet
emission
standards)
and
general
compliance
provisions.
We
are
adopting
performance
standards
intended
to
reduce
permeation
emissions
from
recreational
vehicles.
The
standards,
which
apply
to
new
vehicles
starting
in
2008,
are
nominally
based
on
manufacturers
reducing
these
permeation
emissions
from
new
vehicles
by
about
90
percent
overall.
67
We
also
recognize
that
there
are
many
small
businesses
that
manufacture
recreational
vehicles.
We
are
therefore
adopting
several
special
compliance
provisions
to
reduce
the
burden
of
permeation
emission
regulations
on
small
businesses.
These
special
provisions
are
the
same
as
for
the
exhaust
emission
standards,
as
applicable,
and
are
discussed
in
Section
III.
E.

B.
Vehicles
Covered
by
This
Provision
We
are
adopting
new
permeation
emission
standards
for
new
off­
highway
motorcycles,
all­
terrain
vehicles,
and
snowmobiles.
These
provisions
apply
even
if
the
recreational
vehicle
manufacturer
exercises
the
option
to
use
an
engine
certified
under
another
program
such
as
the
small
spark
ignition
requirements
in
40
CFR
part
90.
These
standards
would
require
these
vehicle
manufacturers
to
use
low
permeability
fuel
tanks
and
hoses.
We
include
vehicles
and
fuel
systems
that
are
used
in
the
United
States,
whether
they
are
made
domestically
or
imported.
Even
though
snowmobiles
do
not
usually
experience
year
around
use,
as
is
the
case
with
ATVs
and
off­
highway
motorcycles,
we
are
including
snowmobiles
in
this
standard
because
it
is
common
practice
among
snowmobile
owners
to
store
their
snowmobiles
in
the
off­
season
with
fuel
in
the
tank
(
typically
half
full
to
full
tank).
A
fuel
stabilizer
is
typically
added
to
the
fuel
to
prevent
gum,
varnish,
and
rust
from
occurring
in
the
engine
as
a
result
of
the
fuel
sitting
in
the
fuel
tank
and
fuel
system
for
an
extended
period
of
time;
however,
this
does
not
reduce
permeation.
Thus,
snowmobiles
experience
fuel
permeation
losses
just
like
off­
highway
motorcycles
and
ATVs.
We
are
extending
our
basic
nonroad
exemptions
to
the
engines
and
vehicles
covered
by
this
rule.
These
include
the
testing
exemption,
the
manufacturerowned
exemption,
the
display
exemption,
and
the
national
security
exemption.
These
exemptions
are
described
in
more
detail
under
Section
VII.
C.
In
addition,
vehicles
used
solely
for
competition
are
not
considered
to
be
nonroad
vehicles,
so
they
are
exempt
from
meeting
the
emission
standards
(
but
see
discussion
in
Section
III.
C.
1.
a
regarding
the
voluntary
program
for
certification
of
all
off­
highway
motorcycles).

C.
Permeation
Emission
Standards
1.
What
Are
the
Emission
Standards
and
Compliance
Dates?

We
are
finalizing
new
standards
that
will
require
an
85­
percent
reduction
in
plastic
fuel
tank
permeation
and
a
95­
percent
reduction
in
fuel
system
hose
permeation
from
new
recreational
vehicles
beginning
in
2008.
These
standards
and
their
implementation
dates
are
presented
in
Table
IV.
C
 
1.
Section
IV.
D
presents
the
test
procedures
associated
with
these
standards.
Test
temperatures
are
presented
in
Table
IV.
C
 
1
because
they
represent
an
important
parameter
in
defining
the
emission
levels.
We
will
base
the
permeation
standards
on
the
inside
surface
areas
of
the
hoses
and
fuel
tanks.
We
sought
comment
on
whether
the
potential
permeation
standards
for
fuel
tanks
should
be
expressed
as
grams
per
gallon
of
fuel
tank
capacity
per
day
or
as
grams
per
square
meter
of
inside
surface
area
per
day.
Although
volume
is
generally
used
to
characterize
fuel
tank
emission
rates,
we
base
the
standard
on
inside
surface
area
because
permeation
is
a
function
of
surface
area.
In
addition,
the
surface
to
volume
ratio
of
a
fuel
tank
changes
with
capacity
and
geometry
of
the
tank.
Two
similar
shaped
tanks
of
different
volumes
or
two
different
shaped
tanks
of
the
same
volume
could
have
different
g/
gallon/
day
permeation
rates
even
if
they
were
made
of
the
same
material
and
used
the
same
emissioncontrol
technology.
Therefore,
we
believe
that
using
a
g/
m2/
day
form
of
the
standard
more
accurately
represents
the
emissions
characteristics
of
a
fuel
tank
and
minimizes
complexity.
This
approach
was
supported
by
the
commenters.

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Rules
and
Regulations
TABLE
IV.
C
 
1.
 
PERMEATION
STANDARDS
FOR
RECREATIONAL
VEHICLES
Emission
component
Implementation
date
Standard
Test
temperature
Fuel
Tank
Permeation
...............................................................................
2008
1.5
g/
m2/
day
....................................
28
°
C
(
82
°
F)
Hose
Permeation
.......................................................................................
2008
15
g/
m2/
day
.....................................
23
°
C
(
73
°
F)

These
standards
are
revised
compared
to
the
values
we
sought
comment
on
in
the
notice.
In
the
reopening
of
the
comment
period,
we
identified
the
need
to
accommodate
variability
and
deterioration
in
setting
the
fuel
tank
permeation
standard.
Since
the
notice,
we
have
received
test
information
that
suggests
that
a
tank
permeation
standard
representing
an
85
rather
than
a
95­
percent
reduction
would
fully
accommodate
these
factors.
Nonetheless,
we
continue
to
believe
that
manufacturers
will
target
control
technologies
and
strategies
focused
on
achieving
reductions
of
95
percent
in
production
tanks.
With
regard
to
the
permeation
standard
for
hoses,
we
have
adjusted
the
standard
slightly
to
give
the
manufacturers
more
freedom
in
selecting
their
hose
material
and
to
accommodate
the
fact
that
we
selected
a
certification
test
fuel
based
on
a
10­
percent
ethanol
blend,
which
would
be
prone
to
greater
permeation
than
straight
gasoline.
Cost­
effective
technologies
exist
to
significantly
reduce
permeation
emissions.
Because
essentially
all
of
these
vehicles
use
high
density
polyethylene
(
HDPE)
fuel
tanks,
manufacturers
would
be
able
to
choose
from
several
technologies
for
providing
a
permeation
barrier
in
HDPE
tanks.
The
use
of
metal
fuel
tanks
would
also
meet
the
standards,
because
metal
tanks
do
not
experience
any
permeation
losses.
The
hose
permeation
standard
can
be
met
using
barrier
hose
technology
or
through
using
low
permeation
automotive­
type
tubing.
These
technologies
are
discussed
in
Section
IV.
F.
The
implementation
dates
give
manufacturers
three
to
four
years
to
comply.
This
will
allow
manufacturers
time
to
implement
controls
in
their
tanks
and
hoses
in
an
orderly
business
manner.

2.
Will
I
Be
Able
to
Average,
Bank,
or
Trade
Emissions
Credits?
Averaging,
banking,
and
trading
(
ABT)
refers
to
the
generation
and
use
of
emission
credits
based
on
certified
emission
levels
relative
to
the
standard.
The
general
ABT
concept
is
discussed
in
detail
in
Section
II.
C.
3.
In
many
cases,
an
ABT
program
can
improve
technological
feasibility,
provide
manufacturers
with
additional
product
planning
flexibility,
and
reduce
costs
which
allows
us
to
consider
emission
standards
with
the
most
appropriate
level
of
stringency
and
lead
time,
as
well
as
providing
an
incentive
for
the
early
introduction
of
new
technology.
We
are
finalizing
ABT
for
fuel
tanks
to
facilitate
the
implementation
of
the
standard
across
a
variety
of
tank
designs
which
include
differences
in
wall
thickness,
tank
geometry,
material
quality,
and
pigment
in
plastic
fuel
tanks.
To
meet
the
standard
on
average,
manufacturers
would
be
able
to
divide
their
fuel
tanks
into
different
emission
families
and
certify
each
of
their
emission
families
to
a
different
Family
Emissions
Level
(
FEL).
The
emission
families
would
include
fuel
tanks
with
similar
characteristics,
including
wall
thickness,
material
used
(
including
additives
such
as
pigments,
plasticizers,
and
UV
inhibitors),
and
the
emissioncontrol
strategy
applied.
The
FELs
would
then
be
weighted
by
sales
volume
and
fuel
tank
inside
surface
area
to
determine
the
average
level
across
a
manufacturer's
total
production.
An
additional
benefit
of
a
corporate­
average
approach
is
that
it
provides
an
incentive
for
developing
new
technology
that
can
be
used
to
achieve
even
larger
emission
reductions
or
perhaps
to
achieve
the
same
reduction
at
lower
costs
or
to
achieve
some
reductions
early.
Any
manufacturer
could
choose
to
certify
each
of
its
evaporative
emission
control
families
at
levels
which
would
meet
the
standard.
Some
manufacturers
may
choose
this
approach
as
the
could
see
it
as
less
complicated
to
implement.
We
are
also
finalizing
a
voluntary
program
intended
to
give
an
opportunity
for
manufacturers
to
prove
out
technologies
earlier
than
2008.
Manufacturers
will
be
able
to
use
permeation
control
strategies
early,
and
even
if
they
do
not
meet
the
standard,
they
can
earn
credit
through
partial
emission
reduction
that
will
give
them
more
lead
time
to
meet
the
standard.
This
program
will
allow
a
manufacturer
to
certify
fuel
tanks
early
to
a
less
stringent
standard
and
thereby
delay
the
fuel
tank
permeation
standard.
Therefore,
a
manufacturer
can
earn
more
time
to
meet
the
1.5
g/
m2/
day
standard
if
they
have
an
alternative
approach
that
will
reduce
permeation
by
a
lesser
amount
earlier
than
2008.
Specifically,
if
a
manufacturer
certifies
fuel
tanks
early
to
a
standard
of
3.0
g/
m2/
day,
they
can
delay
the
1.5
g/
m2/
day
standard
for
these
fuel
tanks
by
1
tankyear
for
every
tank­
year
of
early
certification.
As
an
alternative,
this
delay
could
be
applied
to
other
fuel
tanks
provided
that
these
tanks
have
an
equal
or
smaller
inside
surface
area
and
meet
a
level
of
3.0
g/
m2/
day.
As
an
example,
suppose
a
manufacturer
were
to
sell
50
vehicles
in
2006
and
75
vehicles
in
2007
with
fuel
tanks
that
meet
a
level
of
3.0
g/
m2/
day.
This
manufacturer
would
then
be
able
to
sell
125
vehicles
with
fuel
tanks
that
meet
a
level
of
3.0
g/
m2/
day
in
2008
and
later
years.
No
uncontrolled
tanks
could
be
sold
after
2007.
In
addition
to
providing
implementation
flexibility
to
manufacturers,
this
option,
if
used,
would
result
in
additional
and
earlier
emission
reductions.
For
hoses,
we
do
not
believe
that
ABT
provisions
would
result
in
a
significant
technological
benefit
to
manufacturers.
We
believe
that
all
fuel
hoses
can
meet
the
permeation
standards
using
straight
forward
technology
as
discussed
in
Section
IV.
F.
From
EPA's
perspective,
including
an
ABT
program
in
the
rule
creates
a
long­
term
administrative
burden
that
is
not
worth
taking
on
since
it
does
not
provide
the
industry
with
useful
flexibility.

3.
How
Do
I
Certify
My
Products?
We
are
finalizing
a
certification
process
similar
to
our
existing
program
for
other
mobile
sources.
Manufacturers
test
representative
prototype
designs
and
submit
the
emission
data
along
with
other
information
to
EPA
in
an
application
for
a
Certificate
of
Conformity.
As
discussed
in
Section
IV.
D.
3,
we
will
allow
manufacturers
to
certify
based
on
either
design
(
for
which
there
is
already
data)
or
by
conducting
its
own
emissions
testing.
If
we
approve
the
application,
then
the
manufacturer's
Certificate
of
Conformity
allows
the
manufacturer
to
produce
and
sell
the
vehicles
described
in
the
application
in
the
U.
S.
Manufacturers
certify
their
fuel
systems
by
grouping
them
into
emission
families
that
have
similar
emission
characteristics.
The
emission
family
definition
is
fundamental
to
the
certification
process
and
to
a
large
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2002
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Rules
and
Regulations
68
Draft
SAE
Information
Report
J1769,
``
Test
Protocol
for
Evaluation
of
Long
Term
Permeation
Barrier
Durability
on
Non­
Metallic
Fuel
Tanks,''
(
Docket
A
 
2000
 
01,
document
IV
 
A
 
24).
degree
determines
the
amount
of
testing
required
for
certification.
The
regulations
include
specific
characteristics
for
grouping
emission
families
for
each
category
of
tanks
and
hoses.
For
fuel
tanks,
key
parameters
include
wall
thickness,
material
used
(
including
additives
such
as
pigments,
plasticizers,
and
UV
inhibitors),
and
the
emission­
control
strategy
applied.
For
hoses,
key
parameters
include
material,
wall
thickness,
and
emission­
control
strategy
applied.
To
address
a
manufacturer's
unique
product
mix,
we
may
approve
using
broader
or
narrower
engine
families.
The
certification
process
for
vehicle
permeation
is
similar
as
for
the
process
for
certifying
engines
(
see
Section
II.
C.
1).

4.
What
Durability
Provisions
Apply?
We
are
adopting
several
additional
provisions
to
ensure
that
emission
controls
will
be
effective
throughout
the
life
of
the
vehicle.
This
section
discusses
these
provisions
for
permeation
from
recreational
vehicles.
More
general
certification
and
compliance
provisions,
which
apply
across
different
vehicle
categories,
are
discussed
in
Sections
II
and
VII,
respectively.
a.
How
long
do
my
vehicles
have
to
comply?
Manufacturers
would
be
required
to
build
fuel
systems
that
meet
the
emission
standards
over
each
vehicle's
useful
life.
For
the
permeation
standards,
we
use
the
same
useful
life
as
discussed
in
Section
III.
C.
4.
a
for
exhaust
emissions
from
recreational
vehicle
engines
based
on
the
belief
that
fuel
system
components
and
engines
are
intended
to
have
the
same
design
life.
Further,
we
are
applying
the
same
warranty
period
for
permeation
emission
related
components
of
the
fuel
system
as
for
exhaust
emission­
related
components
of
the
vehicle
(
See
Section
III.
C.
4.
b).
b.
How
do
I
demonstrate
emission
durability?
We
are
adopting
several
additional
provisions
to
ensure
that
emission
controls
will
be
effective
throughout
the
life
of
the
vehicle.
Vehicle
manufacturers
must
demonstrate
that
the
permeation
emission­
control
strategies
will
last
for
the
useful
life
of
the
vehicle.
Any
deterioration
in
performance
would
have
to
be
included
in
the
family
emissions
limit.
This
section
discusses
durability
provisions
for
fuel
tanks
and
hoses.
For
plastic
fuel
tanks,
we
are
specifying
a
preconditioning
and
four
durability
steps
that
must
be
performed
in
conjunction
with
the
permeation
testing
for
certification
to
the
standard.
These
steps,
which
include
fuel
soaking,
slosh,
pressure­
vacuum
cycling,
temperature
cycling,
and
ultra­
violet
light
exposure,
are
described
in
more
detail
in
Section
IV.
D.
1.
The
purpose
of
these
preconditioning
steps
is
to
help
demonstrate
the
durability
of
the
fuel
tank
permeation
control
under
conditions
that
may
occur
in
use.
For
fuel
hoses,
the
only
preconditioning
step
that
we
are
requiring
is
a
fuel
soak
to
ensure
that
the
permeation
rate
is
stabilized
prior
to
testing.
Data
from
before
and
after
the
durability
tests
would
be
used
to
determine
deterioration
factors
for
the
certified
fuel
tanks.
The
durability
factors
would
be
applied
to
permeation
test
results
to
determine
the
certification
emission
level
of
the
fuel
tank
at
full
useful
life.
The
manufacturer
would
still
be
responsible
for
ensuring
that
the
fuel
tank
and
hose
meet
the
permeation
standards
throughout
the
useful
life
of
the
vehicle.
We
recognize
that
vehicle
manufacturers
will
likely
depend
on
suppliers/
vendors
for
treated
tanks
and
fuel
hoses.
We
believe
that,
in
addition
to
normal
business
practices,
our
testing
requirements
will
help
assure
that
suppliers/
vendors
consistently
meet
the
performance
specifications
laid
out
in
the
certificate.

D.
Testing
Requirements
To
obtain
a
certificate
allowing
sale
of
products
meeting
EPA
emission
standards,
manufacturers
generally
must
show
compliance
with
such
standards
through
emission
testing.
The
test
procedures
for
determining
permeation
emissions
from
fuel
tanks
and
hoses
on
recreational
vehicles
are
described
below.
This
section
also
discusses
design­
based
certification
as
an
alternative
to
performing
specific
testing.

1.
What
Are
the
Test
Procedures
for
Measuring
Permeation
Emissions
From
Fuel
Tanks?
Prior
to
testing
the
fuel
tanks
for
permeation
emissions,
the
fuel
tank
must
be
preconditioned
by
allowing
the
tank
to
sit
with
fuel
in
it
until
the
hydrocarbon
permeation
rate
has
stabilized.
Under
this
step,
the
fuel
tank
must
be
filled
with
a
10­
percent
ethanol
blend
in
gasoline
(
E10),
sealed,
and
soaked
for
20
weeks
at
a
temperature
of
28
±
5
°
C.
Once
the
soak
period
has
ended,
the
fuel
tank
is
drained,
refilled
with
fresh
fuel,
and
sealed.
The
permeation
rate
from
fuel
tanks
is
measured
at
a
temperature
of
28
±
2
°
C
over
a
period
of
at
least
2
weeks.
Consistent
with
good
engineering
judgment,
a
longer
period
may
be
necessary
for
an
accurate
measurement
for
fuel
tanks
with
low
permeation
rates.
Permeation
loss
is
determined
by
measuring
the
weight
of
the
fuel
tank
before
and
after
testing
and
taking
the
difference.
Once
the
mass
change
is
determined
it
is
divided
by
the
manufacturer
provided
tank
surface
area
and
the
number
of
days
of
soak
to
get
the
emission
rate.
As
an
option,
permeation
may
be
measured
using
alternative
methods
that
will
provide
equivalent
or
better
accuracy.
Such
methods
include
enclosure
testing
as
described
in
40
CFR
part
86.
The
fuel
used
for
this
testing
will
be
a
blend
of
90­
percent
gasoline
and
10­
percent
ethanol.
This
fuel
is
consistent
with
the
test
fuel
used
for
highway
evaporative
emission
testing.
To
determine
permeation
emission
deterioration
factor,
we
are
specifying
three
durability
tests:
slosh
testing,
pressure­
vacuum
cycling,
and
ultraviolet
exposure.
The
purpose
of
these
deterioration
tests
is
to
help
ensure
that
the
technology
is
durable
and
the
measured
emissions
are
representative
of
in­
use
permeation
rates.
For
slosh
testing,
the
fuel
tank
is
filled
to
40­
percent
capacity
with
E10
fuel
and
rocked
for
1
million
cycles.
The
pressure­
vacuum
testing
contains
10,000
cycles
from
¥
0.5
to
2.0
psi.
These
two
durability
tests
are
based
on
draft
recommended
SAE
practice.
68
The
third
durability
test
is
intended
to
assess
potential
impacts
of
UV
sunlight
(
0.2
µ
m
 
0.4
µ
m)
on
the
durability
of
the
surface
treatment.
In
this
test,
the
tank
must
be
exposed
to
a
UV
light
of
at
least
0.40
W­
hr/
m2
/
min
on
the
tank
surface
for
15
hours
per
day
for
30
days.
Alternatively,
it
can
be
exposed
to
direct
natural
sunlight
for
an
equivalent
period
of
time.
We
originally
sought
comment
on
applying
the
procedures
in
49
CFR
part
173,
appendix
B,
but
upon
further
evaluation
and
receipt
of
additional
information
found
these
inadequate
for
our
purposes.
The
49
CFR
part
173
test
procedure
is
designed
for
testing
plastic
receptacles
for
transporting
hazardous
chemicals.
This
test
focus
on
temperatures
and
durability
procedures
that
do
not
represent
recreational
vehicle
use.

2.
What
Are
the
Test
Procedures
for
Measuring
Permeation
Emissions
From
Fuel
System
Hoses?

The
permeation
rate
of
fuel
from
hoses
would
be
measured
at
a
temperature
of
23
±
2
°
C
using
SAE
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69
SAE
Recommended
Practice
J30,
``
Fuel
and
Oil
Hoses,''
June
1998,
(
Docket
A
 
2000
 
01,
document
IV
 
A
 
92).
70
SAE
Recommended
Practice
J1737,
``
Test
Procedure
to
Determine
the
Hydrocarbon
Losses
from
Fuel
Tubes,
Hoses,
Fittings,
and
Fuel
Line
Assemblies
by
Recirculation,''
1997,
(
Docket
A
 
2000
 
01,
document,
IV
 
A
 
34).
71
SAE
Recommended
Practice
J1527,
``
Marine
Fuel
Hoses,''
1993,
(
Docket
A
 
2000
 
01,
document
IV
 
A
 
19).
72
ASTM
Standard
Test
Method
D
814
 
95
(
Reapproved
2000),
``
Rubber
Property
 
Vapor
Transmission
of
Volatile
Liquids,''
(
Docket
A
 
2000
 
01,
document
IV
 
A
 
95).
73
SAE
Recommended
Practice
J2260,
``
Nonmetallic
Fuel
System
Tubing
with
One
or
More
Layers,''
1996,
(
Docket
A
 
2000
 
01,
document
IV
 
A
 
18).
method
J3069
with
E10.
The
hose
must
be
preconditioned
with
a
fuel
soak
to
ensure
that
the
permeation
rate
has
stabilized.
The
fuel
to
be
used
for
this
testing
would
be
a
blend
of
90­
percent
gasoline
and
10­
percent
ethanol.
This
fuel
is
consistent
with
the
test
fuel
used
for
highway
evaporative
emission
testing.
Alternatively,
for
purposes
of
submission
of
data
at
certification,
permeation
could
be
measured
using
alternative
equipment
and
procedures
that
provide
equivalent
results.
To
use
these
alternative
methods,
manufacturers
would
have
to
apply
to
us
and
demonstrate
equivalence.
Examples
of
alternative
approaches
that
we
anticipate
manufacturers
may
use
are
the
recirculation
technique
described
in
SAE
J1737,70
enclosuretype
testing
such
as
in
40
CFR
part
86,
or
weight
loss
testing
such
as
described
in
SAE
J1527.71
3.
Can
I
Certify
Based
on
Engineering
Design
Rather
Than
Through
Testing?
In
general,
test
data
would
be
required
to
certify
fuel
tanks
and
hoses
to
the
permeation
standards.
Test
data
could
be
carried
over
from
year
to
year
for
a
given
emission­
control
design.
We
do
not
believe
the
cost
of
testing
tanks
and
hose
designs
for
permeation
would
be
burdensome
especially
given
that
the
data
could
be
carried
over
from
year
to
year,
and
that
there
is
a
good
possibility
that
the
broad
emission
family
concepts
would
lead
to
minimum
testing.
However,
there
are
some
specific
cases
where
we
would
allow
certification
based
on
design.
These
special
cases
are
discussed
below.
We
would
consider
a
metal
fuel
tank
to
meet
the
design
criteria
for
a
low
permeation
fuel
tank
because
fuel
does
not
permeate
through
metal.
However,
we
would
not
consider
this
design
to
be
any
more
effective
than
any
other
low
permeation
fuel
tank
for
the
purposes
of
any
sort
of
credit
program.
Although
metal
is
impermeable,
seals
and
gaskets
used
on
the
fuel
tank
may
not
be.
The
design
criteria
for
the
seals
and
gaskets
would
be
that
either
they
would
not
have
a
total
exposed
surface
area
exceeding
1000
mm2,
or
the
seals
and
gaskets
would
have
to
be
made
of
a
material
with
a
permeation
rate
of
10
g/
m2/
day
or
less
at
23
°
C
as
measured
under
ASTM
D814.72
A
metal
fuel
tank
with
seals
that
meet
this
design
criteria
would
readily
pass
the
standard.
Fuel
hoses
can
be
certified
by
design
as
being
manufactured
in
compliance
with
certain
accepted
SAE
specifications.
Specifically,
a
fuel
hose
meeting
the
SAE
J30
R11
 
A
or
R12
requirements
could
be
design­
certified
to
the
standard.
In
addition,
fuel
line
meeting
the
SAE
J226073
Category
1
requirements
could
be
design­
certified
to
the
standard.
These
fuel
hoses
and
fuel
line
specifications
are
based
on
15­
percent
methanol
fuel
and
higher
temperatures.
We
believe
that
fuel
hoses
and
lines
that
are
tested
and
meet
these
requirements
would
also
meet
our
hose
permeation
standards
because
both
are
generally
acknowledged
as
representing
more
stringent
test
parameters.
In
the
future,
if
new
SAE
specifications
are
developed
which
are
consistent
with
our
hose
permeation
standards,
we
would
consider
including
hoses
meeting
the
new
SAE
requirements
as
being
able
to
certify
by
design.
At
certification,
manufacturers
will
have
to
submit
an
engineering
analysis
showing
that
the
tank
or
hose
designs
will
meet
the
standards
throughout
their
full
useful
life.
The
tanks
and
hoses
will
remain
subject
to
the
emission
standards
throughout
their
useful
lives.
The
design
criteria
relate
only
to
the
issuance
of
a
certificate.

E.
Special
Compliance
Provisions
We
believe
that
the
permeation
control
requirements
will
be
relatively
easy
for
small
businesses
to
meet,
given
the
relatively
low
cost
of
the
requirements
and
the
availability
of
materials
and
treatment
support
by
outside
vendors.
Low
permeation
fuel
hoses
are
available
from
vendors
today,
and
we
would
expect
that
surface
treatment
would
be
applied
through
an
outside
company.
However,
to
minimize
any
additional
burden
these
requirements
may
impose
on
small
manufacturers,
we
are
implementing,
where
they
are
applicable
to
permeation,
the
same
options
we
proposed
for
the
exhaust
emission
standards.
These
options
for
small
recreational
vehicle
manufacturers
are
described
in
detail
in
Section
III.
E.
F.
Technological
Feasibility
We
believe
there
are
several
strategies
that
manufacturers
can
use
to
meet
our
permeation
emission
standards.
This
section
gives
an
overview
of
this
technology.
See
Chapters
3
and
4
of
the
Final
Regulatory
Support
Document
for
more
detail
on
the
technology
discussed
here.

1.
Implementation
Schedule
The
permeation
emission
standards
for
fuel
tanks
become
effective
in
the
2008
model
year.
Several
technologies
are
available
that
could
be
used
to
meet
this
standard.
Surface
treatments
to
reduce
tank
permeation
are
widely
used
today
in
other
container
applications,
and
the
technology
and
production
facilities
needed
to
conduct
this
process
exist.
Selar
is
used
by
at
least
one
portable
fuel
tank
manufacturer
and
has
also
been
used
in
automotive
applications.
Plastic
tanks
with
coextruded
barriers
have
been
used
in
automotive
applications
for
years.
However,
fuel
tanks
used
in
recreational
vehicles
are
primarily
(
but
not
exclusively)
high­
density
polyethylene
tanks
with
no
permeation
control.
We
received
comments
from
manufacturers
that
they
would
not
be
able
to
comply
with
permeation
standards
until
2008
or
2009.
They
stated
that,
especially
for
fuel
tanks,
they
would
need
this
extra
lead
time
to
ensure
that
the
useful
life
requirement
can
be
met
on
their
products.
At
the
same
time,
others
commented
that
the
technology
is
already
available
and
that
the
permeation
standards
should
apply
in
2004.
We
believe
it
is
appropriate
to
give
manufacturers
until
the
2008
model
year
for
the
fuel
tank
permeation
standards.
Manufacturers
will
need
lead
time
to
allow
for
durability
testing
and
other
development
work
associated
with
applying
this
technology
to
recreational
vehicles.
This
is
especially
true
for
manufacturers
or
vendors
who
choose
to
set
up
their
own
sulfonation
or
fluorination
facilities
in­
house.
We
believe
that
the
low
permeation
hose
technology
can
also
be
applied
in
the
2008
time
frame.
A
lower
permeation
fuel
hose
exists
today
known
as
the
SAE
R9
hose
that
is
as
flexible
as
the
SAE
R7
hose
used
in
most
recreational
applications
today.
These
SAE
hose
specifications
are
contained
in
SAE
J30
cited
above.
This
hose
would
meet
our
permeation
standard
on
gasoline,
but
probably
not
on
a
10­
percent
ethanol
blend.
As
noted
in
Chapter
4
of
the
Final
Regulatory
Support
Document,
barrier
materials
typically
used
in
R9
hose
today
may
have
permeation
rates
3
to
5
times
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higher
on
a
10­
percent
ethanol
blend
than
on
straight
gasoline.
However,
there
are
several
lower
permeability
barrier
materials
that
can
be
used
in
rubber
hose
that
will
comply
with
the
hose
permeation
requirement
on
a
10­
percent
ethanol
blend
and
still
be
flexible
enough
for
use
in
recreational
vehicles.
This
hose
is
available
for
automotive
applications
at
this
time,
but
some
lead
time
may
be
required
to
apply
these
hoses
to
recreational
vehicles
if
hose
connection
fitting
changes
were
required.
For
these
reasons,
we
are
implementing
the
hose
permeation
standard
on
the
same
schedule
as
the
tank
permeation
standards.

2.
Standard
Levels
We
have
identified
several
strategies
for
reducing
permeation
emissions
from
fuel
tanks
and
hoses.
We
recognize
that
some
of
these
technologies
may
be
more
desirable
than
others
for
some
manufacturers,
and
we
recognize
that
different
strategies
for
equal
emission
reductions
may
be
better
for
different
applications.
A
specific
example
of
technology
that
could
be
used
to
meet
the
fuel
tank
permeations
would
be
surface
barrier
treatments
such
as
sulfonation
or
fluorination.
With
these
surface
treatments,
more
than
a
95­
percent
reduction
in
permeation
emissions
from
new
fuel
tanks
is
feasible.
However,
variation
in
material
tolerances
and
in­
use
deterioration
can
reduce
this
effectiveness.
Given
the
lead
time
for
the
standards,
manufacturers
will
be
able
to
provide
fuel
tanks
with
consistent
material
quality,
and
the
surface
treatment
processes
can
be
optimized
for
a
wide
range
of
material
qualities
and
additives
such
as
pigments,
plasticizers,
and
UV
inhibitors.
We
do
not
expect
a
large
deterioration
in
use;
however,
data
on
slosh
testing
suggest
that
some
deterioration
may
occur.
To
accommodate
variability
and
deterioration,
we
are
finalizing
a
standard
that
represents
about
an
85­
percent
reduction
in
permeation
emissions
from
plastic
fuel
tanks.
It
is
our
expectation
that
manufacturers
will
aim
for
a
surface
treatment
effectiveness
rate
as
near
to
100
percent
a
practical
for
new
tanks.
Therefore,
even
with
variability
and
deterioration
in
use,
control
rates
are
likely
to
exceed
85
percent.
Several
materials
are
available
today
that
could
be
used
as
a
low
permeation
barrier
in
rubber
hoses.
We
present
more
detail
on
these
and
other
technological
approaches
below.
3.
Technological
Approaches
a.
Fuel
tanks.
Blow
molding
is
widely
used
for
the
manufacture
of
small
fuel
tanks
of
recreational
vehicles.
Typically,
blow
molding
is
performed
by
creating
a
hollow
tube,
known
as
a
parison,
by
pushing
high­
density
polyethylene
(
HDPE)
through
an
extruder
with
a
screw.
The
parison
is
then
pinched
in
a
mold
and
inflated
with
an
inert
gas.
In
highway
applications,
non­
permeable
plastic
fuel
tanks
are
produced
by
blow
molding
a
layer
of
ethylene
vinyl
alcohol
(
EVOH)
or
nylon
between
two
layers
of
polyethylene.
This
process
is
called
coextrusion
and
requires
at
least
five
layers:
the
barrier
layer,
adhesive
layers
on
either
side
of
the
barrier
layer,
and
HDPE
as
the
outside
layers
which
make
up
most
of
the
thickness
of
the
fuel
tank
walls.
However,
multi­
layer
construction
requires
two
additional
extruder
screws
which
significantly
increases
the
cost
of
the
blow
molding
process.
Multi­
layer
fuel
tanks
can
also
be
formed
using
injection
molding.
In
this
method,
a
low
viscosity
polymer
is
forced
into
a
thin
mold
to
create
each
side
of
the
fuel
tank.
The
two
sides
are
then
welded
together.
To
add
a
barrier
layer,
a
thin
sheet
of
the
barrier
material
is
placed
inside
the
mold
prior
to
injection
of
the
poleythylene.
The
polyethylene,
which
generally
has
a
much
lower
melting
point
than
the
barrier
material,
bonds
with
the
barrier
material
to
create
a
shell
with
an
inner
liner.
A
less
expensive
alternative
to
coextrusion
is
to
blend
a
low
permeable
resin
in
with
the
HDPE
and
extrude
it
with
a
single
screw.
The
trade
name
typically
used
for
this
permeation
control
strategy
is
Selar.
The
low
permeability
resin,
typically
EVOH
or
nylon,
creates
non­
continuous
platelets
in
the
HDPE
fuel
tank
which
reduce
permeation
by
creating
long,
tortuous
pathways
that
the
hydrocarbon
molecules
must
navigate
to
pass
through
the
fuel
tank
walls.
Although
the
barrier
is
not
continuous,
this
strategy
can
still
achieve
greater
than
a
90­
percent
reduction
in
permeation
of
gasoline.
EVOH
has
much
higher
permeation
resistance
to
alcohol
than
nylon;
therefore,
it
would
be
the
preferred
material
to
use
for
meeting
our
standard
which
is
based
on
testing
with
a
10­
percent
ethanol
fuel.
Another
type
of
low
permeation
technology
for
fuel
tanks
would
be
to
treat
the
surfaces
of
a
plastic
fuel
tanks
with
a
barrier
layer.
Two
ways
of
achieving
this
are
known
as
fluorination
and
sulfonation.
The
fluorination
process
causes
a
chemical
reaction
where
exposed
hydrogen
atoms
are
replaced
by
larger
fluorine
atoms
which
creates
a
barrier
on
the
surface
of
the
fuel
tank.
In
this
process,
a
batch
of
fuel
tanks
are
generally
processed
post
production
by
stacking
them
in
a
steel
container.
The
container
is
then
voided
of
air
and
flooded
with
fluorine
gas.
By
pulling
a
vacuum
in
the
container,
the
fluorine
gas
is
forced
into
every
crevice
in
the
fuel
tanks.
As
a
result
of
this
process,
both
the
inside
and
outside
surfaces
of
the
fuel
tank
would
be
treated.
As
an
alternative,
fuel
tanks
can
be
fluorinated
on­
line
by
exposing
the
inside
surface
of
the
fuel
tank
to
fluorine
during
the
blow
molding
process.
However,
this
method
may
not
prove
as
effective
as
off­
line
fluorination
which
treats
the
inside
and
outside
surfaces.
Sulfonation
is
another
surface
treatment
technology
where
sulfur
trioxide
is
used
to
create
the
barrier
by
reacting
with
the
exposed
polyethylene
to
form
sulfonic
acid
groups
on
the
surface.
Current
practices
for
sulfonation
are
to
place
fuel
tanks
on
a
small
assembly
line
and
expose
the
inner
surfaces
to
sulfur
trioxide,
then
rinse
with
a
neutralizing
agent.
However,
sulfonation
can
also
be
performed
using
a
batch
method.
Either
of
these
processes
can
be
used
to
reduce
gasoline
permeation
by
more
than
95
percent.
Over
the
first
month
or
so
of
use,
polyethylene
fuel
tanks
can
expand
by
as
much
as
three
percent
due
to
saturation
of
the
plastic
with
fuel.
Manufacturers
have
raised
the
concern
that
this
hydrocarbon
expansion
could
affect
the
effectiveness
of
surface
treatments
like
fluorination
or
sulfonation.
We
believe
this
will
not
have
a
significant
effect
on
the
effectiveness
of
these
surface
treatments.
California
ARB
has
performed
extensive
permeation
testing
on
portable
fuel
containers
with
and
without
these
surface
treatments.
Prior
to
the
permeation
testing,
the
tanks
were
prepared
by
first
performing
a
durability
procedure
where
the
fuel
container
is
cycled
a
minimum
of
1000
times
between
¥
1
psi
and
5
psi.
In
addition,
the
fuel
containers
are
soaked
with
fuel
for
a
minimum
of
four
weeks
prior
to
testing.
Their
test
data,
presented
in
Chapter
4
of
the
Final
Regulatory
Support
Document
show
that
fluorination
and
sulfonation
are
still
effective
after
this
durability
testing.
Manufacturers
have
also
commented
that
fuel
sloshing
in
the
fuel
tank,
under
normal
in­
use
operation,
could
wear
off
the
surface
treatments.
However,
we
do
not
believe
that
this
is
likely.
These
surface
treatments
actually
result
in
an
atomic
change
in
the
structure
of
the
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Rules
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74
ethylene­
tetrafluoro­
ethylene
(
ETFE),
tetrafluoro
ethylene,
hexa­
fluoro­
propylene,
and
vinyledene
fluoride
(
THV).
75
Gas
turbines
are
non­
reciprocating
internal
combustion
engines.
outside
surface
of
the
fuel
tank.
To
wear
off
the
treatment,
the
plastic
would
need
to
be
worn
away
on
the
outside
surface.
In
addition,
testing
by
California
ARB
shows
that
the
fuel
tank
permeation
standard
can
be
met
by
fuel
tanks
that
have
been
sloshed
for
1.2
million
cycles.
Test
data
on
an
sulfonated
automotive
HDPE
fuel
tank
after
five
years
of
use
showed
no
deterioration
in
the
permeation
barrier.
This
data
are
presented
in
Chapter
4
of
the
Final
Regulatory
Support
Document.
Permeation
can
also
be
reduced
from
fuel
tanks
by
constructing
them
out
of
a
lower
permeation
material
than
HDPE.
For
instance,
metal
fuel
tanks
would
not
permeate.
In
addition,
there
are
grades
of
plastics
other
than
HDPE
that
could
be
molded
into
fuel
tanks.
One
commenter
suggested
nylon;
however,
although
nylon
has
excellent
permeation
resistance
on
gasoline,
it
has
poor
chemical
resistance
to
alcoholblended
fuels.
Other
materials,
which
have
excellent
permeation
even
with
alcohol­
blended
fuels
are
acetal
copolymers
and
thermoplastic
polyesters.
At
this
time,
these
materials
are
generally
much
more
expensive
than
HDPE.
b.
Hoses.
Fuel
hoses
produced
for
use
in
recreational
vehicles
are
generally
extruded
nitrile
rubber
with
a
cover
for
abrasion
resistance.
Lower
permeability
fuel
hoses
produced
today
for
other
applications
are
generally
constructed
in
one
of
two
ways:
either
with
a
low
permeability
layer
or
by
using
a
low
permeability
rubber
blend.
By
using
hose
with
a
low
permeation
thermoplastic
layer,
permeation
emissions
can
be
reduced
by
more
than
95
percent.
Because
the
thermoplastic
layer
is
very
thin,
on
the
order
of
0.1
to
0.2
mm,
the
rubber
hose
retains
its
flexibility.
Two
thermoplastics
which
have
excellent
permeation
resistance,
even
with
an
alcohol­
blend
fuel,
are
ETFE
and
THV.
74
In
automotive
applications,
multilayer
plastic
tubing,
made
of
fluoropolymers
is
generally
used.
An
added
benefit
of
these
low
permeability
lines
is
that
some
fluoropolymers
can
be
made
to
conduct
electricity
and
therefore
can
prevent
the
buildup
of
static
charges.
Although
this
technology
can
achieve
more
than
an
order
of
magnitude
lower
permeation
than
barrier
hoses,
it
is
relatively
inflexible
and
may
need
to
be
molded
in
specific
shapes
for
each
recreational
vehicle
design.
Manufacturers
have
commented
that
they
would
need
flexible
hose
to
fit
their
many
designs,
resist
vibration,
and
to
simplify
the
hose
connections
and
fittings.
An
alternative
approach
to
reducing
the
permeability
of
fuel
hoses
would
be
to
apply
a
surface
treatment
such
as
fluorination
or
sulfonation.
This
process
would
be
performed
in
a
manner
similar
to
discussed
above
for
fuel
tanks.

4.
Conclusions
The
standards
for
permeation
emissions
from
recreational
vehicles
reasonably
reflect
what
manufacturers
can
achieve
through
the
application
of
available
technology.
Manufacturers
will
have
several
years
of
lead
time
to
select,
design,
and
produce
permeation
emission­
control
strategies
that
will
work
best
for
their
product
lines.
We
expect
that
meeting
these
requirements
will
pose
a
challenge,
but
one
that
is
feasible
taking
into
consideration
the
availability
and
cost
of
technology,
lead
time,
noise,
energy,
and
safety.
The
role
of
these
factors
is
presented
in
detail
in
Chapters
3
and
4
of
the
Final
Regulatory
Support
Document.
The
permeation
standards
are
based
on
the
effective
application
of
low
permeable
materials
or
surface
treatments.
This
is
a
step
change
in
technology;
therefore,
we
believe
that
even
if
we
set
a
less
stringent
permeation
standard,
these
technology
options
would
likely
still
be
used.
In
addition,
this
technology
is
relatively
inexpensive
and
can
achieve
meaningful
emission
reductions.
The
standards
are
expected
to
achieve
more
than
an
85­
percent
reduction
in
permeation
emissions
from
fuel
tanks
and
more
than
95
percent
from
hoses.
We
believe
that
more
stringent
standards
could
result
in
significantly
more
expensive
materials
without
corresponding
additional
emission
reduction.
In
addition,
the
control
technology
would
generally
pay
for
itself
over
time
by
conserving
fuel
that
would
otherwise
evaporate.
The
projected
costs
and
fuel
savings
are
discussed
in
Chapter
5
of
the
Final
Regulatory
Support
Document.

V.
Large
Spark­
Ignition
(
SI)
Engines
A.
Overview
This
section
applies
to
most
nonroad
spark­
ignition
engines
rated
over
19
kW
(``
Large
SI
engines'').
The
emission
standards
will
lead
to
emission
reductions
of
about
90
percent
for
CO,
NOX,
and
HC.
Since
the
emission
standards
are
based
on
engine
testing
with
broadly
representative
duty
cycles,
these
estimated
reductions
apply
to
all
types
of
equipment
using
these
engines.
Reducing
Large
SI
engine
emissions
will
help
reduce
ozone
and
CO
concentrations
and
will
also
be
valuable
to
individuals
operating
these
engines
in
areas
with
limited
fresh
air
circulation.
The
cost
of
applying
the
anticipated
emission­
control
technology
to
these
engines
is
offset
by
much
greater
cost
savings
from
reduced
fuel
consumption
over
the
engines'
operating
lifetime,
as
described
in
the
Final
Regulatory
Support
Document.
This
section
describes
the
requirements
that
apply
to
engine
manufacturers.
See
Section
II
for
a
description
of
our
general
approach
to
regulating
nonroad
engines
and
how
manufacturers
show
that
they
meet
emission
standards.
See
Section
VII
for
additional
requirements
for
engine
manufacturers,
equipment
manufacturers,
and
others.
See
Section
VIII
for
general
provisions
related
to
testing
equipment
and
procedures.

B.
Large
SI
Engines
Covered
by
This
Rule
Large
SI
engines
covered
in
this
section
power
nonroad
equipment
such
as
forklifts,
sweepers,
pumps,
and
generators.
This
includes
marine
auxiliary
engines,
but
does
not
include
marine
propulsion
engines
or
engines
used
in
recreational
vehicles
(
snowmobiles,
off­
highway
motorcycles,
and
all­
terrain
vehicles).
These
other
nonroad
applications
are
addressed
elsewhere
in
this
document.
This
final
rule
applies
only
to
sparkignition
engines.
Our
most
recent
rulemaking
for
nonroad
diesel
engines
adopted
a
definition
of
``
compressionignition
that
addressed
the
status
of
alternative­
fuel
engines
(
63
FR
56968,
October
23,
1998).
We
are
adopting
updated
definitions
consistent
with
those
already
established
in
previous
rulemakings
to
clarify
that
all
reciprocating
internal
combustion
engines
are
either
spark­
ignition
or
compression­
ignition.
75
These
new
definitions
apply
to
40
CFR
parts
89
and
1048.
Spark­
ignitions
include
gasolinefueled
engines
and
any
others
that
control
power
with
a
throttle
and
follow
the
theoretical
Otto
cycle.
Compressionignition
engines
are
any
reciprocating
internal­
combustion
engines
that
are
not
spark­
ignition
engines.
Under
these
definitions,
it
is
possible
for
a
dieselderived
engine
to
fall
under
the
sparkignition
program.
We
believe
the
requirements
adopted
in
this
rule
are
feasible
and
appropriate
for
these
engines.
However,
we
will
allow
such
engines
over
250
kW
to
instead
meet
the
requirements
that
apply
to
nonroad
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diesel
engines.
We
believe
this
is
appropriate
for
several
reasons.
First,
the
technology
requirements
are
comparable
between
programs.
The
nonroad
diesel
emission
standards,
which
apply
over
the
longer
useful
life
characteristic
of
diesel
engines,
are
slightly
more
stringent
for
CO
and
slightly
less
stringent
for
HC+
NOX.
The
calibration
changes
needed
to
adjust
these
emission
levels
are
not
fundamental
to
the
overall
design
of
the
emission­
control
system.
Second,
the
diesel
engine
manufacturers
producing
these
engines
are
already
set
up
to
do
testing
based
on
test
procedures
that
apply
to
diesel
engines.
To
the
extent
that
they
would
incur
costs
to
be
able
to
run
test
procedures
specified
for
Large
SI
engines,
these
costs
would
likely
not
correspond
with
improving
emission­
controls.
Third,
these
engines
share
important
technical
characteristics
with
diesel
engines
and
are
likely
to
experience
in­
use
operation
that
is
more
like
that
of
nonroad
diesel
engines.
In
addition,
they
are
installed
in
applications
that
also
use
diesel
engines,
not
Large
SI
engines.
Several
types
of
engines
are
excluded
or
exempted
from
these
new
regulations.
The
following
sections
describe
the
types
of
special
provisions
that
apply
uniquely
to
nonrecreational
spark­
ignition
engines
rated
over
19
kW.
Section
VII.
C
covers
several
additional
exemptions
that
apply
generally
across
programs.

1.
Stationary
Engine
Exclusion
Consistent
with
the
Clean
Air
Act,
stationary­
source
engines
are
not
nonroad
engines,
so
the
emission
standards
don't
apply
to
engines
used
in
stationary
applications.
In
general,
an
engine
that
would
otherwise
be
considered
a
Large
SI
engine
is
not
considered
a
nonroad
engine
if
it
will
be
either
installed
in
a
fixed
position
or
if
it
will
be
a
portable
(
or
transportable)
engine
operating
for
at
least
one­
year
periods
without
moving
throughout
its
lifetime.
We
are
adopting
the
same
definitions
for
these
engines
that
have
already
been
established
for
other
programs.
These
stationary
engines
(
that
would
otherwise
qualify
as
Large
SI
engines)
must
have
an
engine
label
identifying
their
excluded
status.
This
is
especially
valuable
for
importing
excluded
engines
without
complication
from
U.
S.
Customs
officials.
It
also
helps
us
ensure
that
such
engines
are
legitimately
excluded
from
emission
standards.
2.
Exclusion
for
Engines
Used
Solely
for
Competition
For
Large
SI
engines
we
proposed
the
existing
regulatory
definition
for
nonroad
engines,
with
excludes
engines
used
solely
for
competition.
As
described
in
the
proposed
rule,
we
are
not
aware
of
any
manufacturers
producing
new
engines
that
are
intended
only
for
competition.
As
a
result,
we
are
not
adopting
any
specific
provisions
addressing
a
competition
exclusion
for
manufacturers.
Part
1068
of
the
regulations
includes
provisions
addressing
the
practice
of
modifying
certified
engines
for
competition
(
see
Section
VII.
C).

3.
Motor
Vehicle
Engine
Exemption
In
some
cases
an
engine
manufacturer
may
want
to
modify
a
certified
automotive
engine
for
nonroad
use
to
sell
the
engine
without
recertifying
it
as
a
Large
SI
engine.
We
are
therefore
adopting
an
exemption
from
the
Large
SI
standards
in
40
CFR
part
1048
for
engines
that
are
already
certified
to
the
emission
standards
in
40
CFR
part
86
for
highway
applications.
To
qualify
for
this
exemption
from
separately
certifying
to
nonroad
standards,
the
manufacturer
must
makes
no
changes
to
the
engine
that
might
affect
its
exhaust
or
evaporative
emissions.
Companies
using
this
exemption
must
report
annually
to
us,
including
a
list
of
its
exempted
engine
models.
For
engines
included
under
this
provision,
manufacturers
of
the
vehicle
or
engine
must
generally
meet
all
the
requirements
from
40
CFR
part
86
that
would
apply
if
the
engine
were
used
in
a
motor
vehicle.
Section
1048.605
of
the
regulations
describes
the
qualifying
criteria
and
responsibilities
in
greater
detail.
We
generally
prohibit
equipment
or
vehicle
manufacturers
from
producing
new
nonroad
equipment
that
does
not
have
engines
certified
to
nonroad
emission
standards.
However,
in
some
cases
a
manufacturer
may
want
to
produce
vehicles
certified
to
highway
emission
standards
for
nonroad
use.
We
are
providing
an
exemption
for
these
manufacturers,
as
long
as
there
is
no
change
in
the
vehicle's
exhaust
or
evaporative
emission­
control
systems.
For
example,
a
mining
company
may
want
to
use
a
pickup
truck
for
dedicated
work
at
a
mine
site,
but
special­
order
the
trucks
from
the
manufacturer
with
modifications
that
cause
the
truck
to
no
longer
qualify
as
a
motor
vehicle.
Manufacturers
may
produce
such
a
modified
version
of
a
truck
that
has
been
certified
to
the
motor­
vehicle
standards,
as
long
as
the
modifications
don't
affect
its
emissions.

4.
Lawn
and
Garden
Engine
Exemption
Most
Large
SI
engines,
rated
over
19
kW,
have
a
total
displacement
greater
than
one
liter.
The
design
and
application
of
the
few
Large
SI
engines
currently
being
produced
with
displacement
less
than
one
liter
are
very
similar
to
those
of
engines
rated
below
19
kW,
which
are
typically
used
for
lawn
and
garden
applications.
As
described
in
the
most
recent
rulemaking
for
these
smaller
engines,
manufacturers
may
certify
engines
between
19
and
30
kW
with
total
displacement
of
one
liter
or
less
to
the
requirements
we
have
already
adopted
in
40
CFR
part
90
for
engines
below
19
kW
(
see
65
FR
24268,
April
25,
2000).
We
are
not
changing
this
provision,
and
engines
so
certified
would
not
be
subject
to
the
requirements
that
apply
to
Large
SI
engines.
This
approach
allows
manufacturers
of
small
air­
cooled
engines
to
certify
their
engines
rated
between
19
and
30
kW
with
the
program
adopted
for
the
comparable
engines
with
slightly
lower
power
ratings.
This
is
also
consistent
with
the
provisions
adopted
by
California
ARB,
except
for
the
addition
of
the
30­
kW
cap
to
prevent
treating
high­
power
engines
under
the
program
that
applies
to
lawn
and
garden
engines.
Technological,
economic,
and
environmental
issues
associated
with
the
few
engine
models
with
rated
power
over
19
kW,
but
with
displacement
at
or
below
1
liter,
were
previously
analyzed
in
the
rulemaking
for
nonroad
sparkignition
engines
below
19
kW.
This
rule
therefore
does
not
specifically
address
the
provisions
applying
to
them
or
repeat
the
estimated
impacts
of
adopting
emission
standards.
Conversely,
we
are
aware
that
some
engines
rated
below
19
kW
may
be
part
of
a
larger
family
of
engine
models
that
includes
engines
rated
above
19
kW.
This
may
include,
for
example,
three­
and
four­
cylinder
engine
models
that
are
otherwise
identical.
To
avoid
the
need
to
separate
these
engines
into
separate
engine
families
(
certified
under
completely
different
control
programs),
manufacturers
may
certify
any
engine
rated
under
19
kW
to
the
more
stringent
Large
SI
emission
standards.
Such
an
engine
is
then
exempt
from
the
requirements
of
40
CFR
part
90.

C.
Emission
Standards
In
October
1998,
California
ARB
adopted
emission
standards
for
Large
SI
engines.
We
are
extending
these
requirements
to
the
rest
of
the
U.
S.
in
the
near
term.
We
are
also
revising
the
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76
See
Section
V.
D
for
a
discussion
of
duty
cycles.
emission
standards
and
adding
various
provisions
in
the
long
term,
as
described
below.
The
near­
term
and
the
long­
term
emission
standards
are
based
on
threeway
catalytic
converters
with
electronic
fueling
systems
to
control
emissions,
and
differ
primarily
in
terms
of
how
well
the
controls
are
optimized.
In
addition
to
the
anticipated
emission
reductions,
we
project
that
these
technologies
will
provide
large
savings
to
operators
as
a
result
of
reduced
fuel
consumption
and
other
performance
improvements.
An
important
element
of
the
control
program
is
the
attempted
harmonization
with
the
requirements
adopted
by
California
ARB.
We
are
aware
that
inconsistent
or
conflicting
requirements
may
lead
to
additional
costs.
Cooperation
between
agencies
has
allowed
a
great
degree
of
harmonization.
In
addition
to
the
common
structure
of
the
programs,
the
specific
provisions
that
make
up
the
certification
requirements
and
compliance
programs
are
consistent
with
very
few
exceptions.
In
most
of
the
cases
where
individual
provisions
differ,
the
EPA
language
is
more
general
than
that
adopted
by
California,
rather
than
being
incompatible.
The
following
sections
describe
the
requirements
in
greater
detail.

1.
What
Are
the
Emission
Standards
and
Compliance
Dates?
a.
Exhaust
emissions.
We
are
adopting
standards
starting
in
the
2004
model
year
consistent
with
those
adopted
by
California
ARB.
These
standards,
which
apply
to
testing
only
with
the
applicable
steady­
state
duty
cycles,
are
4.0
g/
kW­
hr
(
3.0
g/
hp­
hr)
for
HC+
NOX
emissions
and
50
g/
kW­
hr
(
37
g/
hp­
hr)
for
CO
emissions.
See
Section
V.
D
for
further
discussion
of
the
steady­
state
duty
cycles.
We
expect
manufacturers
to
meet
these
standards
using
three­
way
catalytic
converters
and
electronically
controlled
fuel
systems.
These
systems
are
similar
to
those
used
for
many
years
in
highway
applications,
but
not
necessarily
with
the
same
degree
of
sophistication.
Adopting
emission
standards
for
these
engines
starting
in
2004
allows
a
relatively
short
lead
time.
However,
manufacturers
will
be
able
to
achieve
this
by
expanding
their
production
of
the
same
engines
they
will
be
selling
in
California
at
that
time.
We
have
designed
our
2004
standards
to
require
no
additional
development,
design,
or
testing
beyond
what
California
ARB
already
requires.
Adopting
these
nearterm
emission
standards
allows
us
to
set
early
requirements
to
introduce
the
lowemission
technologies
for
substantial
emission
reductions
with
minimal
lead
time.
The
final
requirements
includes
two
principal
adjustments
to
align
with
the
California
ARB
standards.
First,
we
specify
that
manufacturers'
deterioration
factors
for
2004
through
2006
model
years
should
be
based
on
emission
measurements
over
3500
hours
of
engine
operation,
rather
than
the
full
useful
life
of
5000
hours.
Second,
for
those
same
model
years,
we
are
applying
an
emission
standard
of
5.4
g/
kW­
hr
(
4.0
g/
hp­
hr)
HC+
NOX
for
any
inuse
testing
to
account
for
the
potential
for
additional
deterioration
beyond
3500
hours.
This
allowance
for
higher
in­
use
emissions
is
a
temporary
provision
to
ensure
the
feasibility
of
compliance
in
the
early
years
of
the
program.
Testing
has
shown
that
with
additional
design
time,
manufacturers
can
incorporate
emission­
control
technologies
with
sufficient
durability
that
the
long­
term
standards
do
not
require
a
separate
inuse
standard.
This
is
separate
from
the
field­
testing
standards
described
below.
Testing
has
shown
that
additional
time
to
optimize
designs
to
better
control
emissions
will
allow
manufacturers
to
meet
significantly
more
stringent
emission
standards
that
are
based
on
more
robust
measurement
procedures.
We
are
therefore
adopting
a
second
tier
of
standards
to
require
additional
emission
reductions.
These
later
standards
require
manufacturers
to
control
emissions
under
both
steadystate
and
transient
engine
operation,
as
described
in
Section
V.
D
below).
Setting
the
emission
standards
to
require
additional
control
involves
separate
consideration
of
the
achievable
level
of
control
for
HC+
NOX
and
CO
emissions.
While
HC+
NOX
emissions
contribute
to
nonattainment
of
ozone
air
quality
standards,
CO
emissions
contribute
to
nonattainment
of
CO
air
quality
standards
and
potentially
harmful
exposures
of
individuals
where
engines
are
operating
in
areas
where
fresh
airflow
may
be
restricted.
Emissioncontrol
technology
is
able
to
simultaneously
control
these
three
pollutants,
but
a
tradeoff
between
NOX
and
CO
emissions
persists
for
any
given
system.
This
relationship
is
determined
by
an
engine's
precise
control
of
air­
fuel
ratios
 
shifting
to
air­
fuel
ratios
slightly
lean
of
stoichiometric
increases
NOX
emissions
but
decreases
CO
emissions
and
vice
versa.
Engines
using
different
fuels
face
this
same
situation,
though
gasoline
engines
operating
under
heavy
load
generally
need
to
shift
to
richer
airfuel
ratios
to
prevent
accelerated
engines
wear
from
very
high
combustion
temperatures.
Our
primary
focus
in
setting
the
level
of
the
emission
standards
is
reductions
in
emissions
that
contribute
to
ambient
air­
pollution
problems.
At
the
same
time,
we
recognize
that
these
engines
are
used
in
many
applications
where
there
are
concerns
about
personal
exposure
to
the
engine
exhaust,
including
workplace
exposure,
focusing
primarily
on
CO
exposure.
It
is
appropriate
to
take
such
concerns
into
consideration
in
setting
the
level
of
the
standards.
In
this
case,
where
the
equipment
using
these
engines
can
vary
substantially
and
where
the
emissioncontrol
technology
means
there
is
a
trade­
off
between
HC+
NOX
control
and
CO
control,
it
is
difficult
to
set
a
single,
optimal
standard
for
all
three
pollutants.
In
such
a
situation
it
is
reasonable
to
have
more
than
one
set
of
standards
to
allow
an
engine
to
use
technologies
focused
on
controlling
the
pollutants
of
most
concern
for
a
specific
application.
We
are
not
in
a
position,
however,
to
readily
identity
the
specific
levels
of
alternative
standards
that
are
appropriate
for
each
application
or
to
pick
specific
applications
that
should
go
with
different
standards.
We
also
want
to
ensure
that
engines
significantly
reduce
emissions
of
all
three
pollutants.
To
address
this,
we
are
setting
a
combination
of
standards
requiring
more
effective
emission
controls
starting
with
the
2007
model
year.
First,
we
are
setting
benchmark
emission
standards
of
2.7
g/
kW­
hr
(
2.0
g/
hp­
hr)
for
HC+
NOX
emissions
and
4.4
g/
kW­
hr
(
3.3
g/
hp­
hr)
for
CO
emissions.
The
emission
standards
apply
to
measurements
during
duty­
cycle
testing
under
both
steady­
state
and
transient
operation,
including
certification,
production­
line
testing,
and
in­
use
testing.
76
These
emission
levels
provide
for
substantial
control
of
HC+
NOX
emissions
(
in
fact,
these
standards
are
more
stringent
than
those
proposed),
but
also
contain
substantial
control
of
CO
emissions
to
protect
against
individual
exposure
as
well
as
CO
nonattainment.
We
are
also
including
an
option
for
manufacturers
to
certify
their
engines
to
different
emission
levels
to
allow
manufacturers
to
build
engines
whose
emission
controls
are
more
weighted
toward
controlling
NOX
emissions
to
reflect
the
inherent
tradeoff
of
NOX
and
CO
emissions.
Generally
this
involves
meeting
a
less
stringent
CO
standard
if
a
manufacturer
certifies
an
engine
with
lower
HC+
NOX
emissions.
Table
V.
C
 
1
shows
several
examples
of
possible
combinations
of
HC+
NOX
and
CO
emission
standards.
The
highest
allowable
CO
standard
is
20.6
g/
kW­
hr
(
15.4
g/
hp­
hr),
which
corresponds
with
HC+
NOX
emissions
below
0.8
g/
kW­
hr
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77
While
the
emission
standards
in
this
final
rule
require
substantial
emission
reductions
of
CO
and
other
harmful
pollutants
from
nonroad
engines,
this
does
not
replace
the
need
for
ongoing
regulation
of
air
quality
to
protect
occupational
safety
and
health.
More
specifically,
in
accordance
with
the
limitations
provided
in
Section
310(
a)
of
the
Clean
Air
Act
(
42
U.
S.
C.
section
7610(
a)),
nothing
in
this
rule
affects
the
Occupational
Safety
and
Health
Administration's
authority
to
enforce
standards
and
other
requirements
under
the
Occupational
Safety
and
Health
Act
of
1970
(
29
U.
S.
C.
sections
651
et
seq.).
(
0.6
g/
hp­
hr).
Manufacturers
certify
to
any
HC+
NOX
level
between
and
including
0.8
and
2.7
g/
kW­
hr,
rounding
to
the
nearest
0.1
g/
kW­
hr.
They
will
certify
also
to
the
corresponding
CO
level,
as
calculated
using
the
formula
below,
again
rounding
to
the
nearest
0.1
g/
kW­
hr.

TABLE
V.
C
 
1.
 
SAMPLES
OF
POSSIBLE
ALTERNATIVE
DUTY­
CYCLE
EMISSION
STANDARDS
FOR
LARGE
SI
ENGINES(
G/
KW­
HR)*

HC+
NOX
CO
2.7
.................................................
4.4
2.2
.................................................
5.6
1.7
.................................................
7.9
1.3
.................................................
11.1
1.0
.................................................
15.5
0.8
.................................................
20.6
*
As
described
in
the
Final
Regulatory
Support
Document
and
the
regulations,
the
values
in
the
table
are
related
by
the
following
formula
(
HC+
NOX)
x
CO0.784
=
8.57.
These
values
follow
directly
from
the
logarithmic
relationship
presented
with
the
proposal
in
the
Draft
Regulatory
Support
Document.

We
believe
this
flexible
approach
to
setting
standards
is
the
most
appropriate
and
efficient
way
to
allocate
the
different
design
strategies
to
achieve
effective
reductions
of
HC+
NOX
emissions
while
providing
for
the
best
control
of
CO
emissions
where
it
is
most
needed.
Testing
has
shown
that
emission
controls
are
more
likely
to
experience
degradation
with
respect
to
controlling
CO
emissions
than
HC
or
NOX
emissions.
Manufacturers
therefore
have
a
natural
incentive
to
certify
engine
families
with
an
HC+
NOX
emission
level
as
low
as
possible
to
increase
the
compliance
margin
for
meeting
the
CO
standard.
In
addition,
many
of
these
engines
will
be
used
in
applications
where
ozone
is
of
more
concern.
As
a
result,
we
expect
manufacturers
to
design
most
of
their
engines
to
operate
substantially
below
the
2.7
g/
kW­
hr
standard
for
HC+
NOX
emissions.
This
approach
also
encourages
manufacturers
to
continually
improve
their
control
of
HC+
NOX
emissions
over
time.
At
the
same
time,
to
the
extent
that
purchasers
want
engines
with
low
CO
emission
levels,
particularly
for
exposure­
related
concerns,
manufacturers
will
be
able
to
produce
compliant
engines
that
will
provide
appropriate
protection.
Note
that
engines
operating
at
the
highest
allowable
CO
emission
levels
under
the
2007
standards
will
still
be
substantially
reducing
CO
emissions
compared
with
baseline
levels.
The
emission
standards
in
this
final
rule
will
achieve
substantial
reductions,
but
are
not
designed
to
guarantee
workplace
safety
or
to
set
a
safety
standard.
Rather,
we
intend
to
facilitate
the
use
of
engine­
based
control
technologies
so
that
owners
and
operators
can
purchase
equipment
to
help
them
address
these
concerns.
We
are
not
adopting
any
controls
or
limits
to
restrict
the
sale
of
engines
meeting
certain
requirements
into
certain
applications.
We
believe
that
the
manufacturers
and
customers
for
these
products
will
together
make
educated
choices
regarding
the
appropriate
mix
of
emission
controls
for
each
application
and
that
market
forces
will
properly
balance
emission
controls
for
the
different
pollutants
in
specific
applications.
We
believe
that
customers
for
these
applications,
some
of
whom
are
subject
to
occupational
air­
quality
standards
for
related
pollutant
concentrations,
will
be
well
placed
to
make
informed
choices
regarding
airpollution
control,
especially
given
their
ability
to
make
choices
based
on
the
specific
environmental
circumstances
of
each
particular
customer.
77
We
are
adopting
field­
testing
standards
of
3.8
g/
kW­
hr
(
2.8
g/
hp­
hr)
for
HC+
NOX
and
6.5
g/
kW­
hr
(
4.9
g/
hphr
for
CO.
As
described
above
for
dutycycle
testing,
field­
testing
allows
for
the
same
pattern
of
optional
emission
standards
to
reflect
the
tradeoff
of
CO
and
NOX
emissions.
See
Section
V.
D.
5
for
more
information
about
field
testing.
As
described
in
Chapter
4
of
the
Final
Regulatory
Support
Document,
we
believe
manufacturers
can
achieve
these
emission
standards
by
optimizing
currently
available
three­
way
catalysts
and
electronically
controlled
fuel
systems.
Two
additional
provisions
apply
to
specific
situations.
First,
some
engines
need
to
operate
with
rich
air­
fuel
ratios
at
high
loads
to
protect
the
engine
from
overheating.
This
is
especially
true
for
gasoline­
fueled
engines,
which
typically
experience
higher
combustion
temperatures.
When
operating
at
such
air­
fuel
ratios,
the
engines
may
be
unable
to
meet
the
CO
emission
standard
during
steady­
state
testing
because
the
steady­
state
duty
cycle
involves
sustained
operation
under
high­
load
conditions,
unlike
the
transient
duty
cycle.
If
a
manufacturer
shows
us
that
this
type
of
engine
operation
keeps
it
from
meeting
the
CO
emission
standard
shown
above
for
specific
models,
we
will
approve
a
separate
CO
emission
standard
of
31.0
g/
kW­
hr
that
would
apply
only
to
steady­
state
testing.
This
standard
reflects
the
adjustment
needed
at
highload
operation
and
would
apply
to
any
steady­
state
tests
for
certification,
production­
line
testing,
or
in­
use
testing.
To
prevent
high
in­
use
emission
levels,
we
are
adopting
several
additional
provisions
related
to
this
separate
CO
standard.
Manufacturers
must
show
that
enrichment
is
necessary
to
protect
the
engine
from
damage
and
that
enrichment
will
be
limited
to
operating
modes
that
require
additional
cooling
to
protect
the
engine
from
damage.
In
addition,
manufacturers
must
show
in
their
application
for
certification
that
enrichment
will
rarely
occur
in
the
equipment
in
which
your
engines
are
installed
(
for
example,
an
engine
that
is
expected
to
operate
5
percent
of
the
time
in
use
with
enrichment
would
clearly
not
qualify).
Finally,
manufacturers
must
include
in
the
emission­
related
installation
instructions
any
steps
necessary
for
someone
installing
the
engines
to
prevent
enrichment
during
normal
operation.
This
option
does
not
apply
to
transient
or
field
testing,
so
these
engines
would
need
to
meet
the
same
formula
for
HC+
NOX
and
CO
standards
that
apply
to
other
engines
for
transient
testing
and
for
field
testing.
By
tying
the
CO
standard
for
these
engines
to
the
highest
allowable
CO
emission
level
for
field
testing,
we
are
effectively
requiring
that
manufacturers
ensure
that
in­
use
engines
employ
engine­
protection
strategies
no
more
frequently
than
is
reflected
in
the
steady­
state
duty
cycles
for
certification.
Second,
equipment
manufacturers
have
made
it
clear
that
some
nonroad
applications
involve
operation
in
severe
environments
that
require
the
use
of
aircooled
engines.
These
engines
rely
on
air
movement
instead
of
an
automotivestyle
water­
cooled
radiator
to
maintain
acceptable
engine
temperatures.
Since
air
cooling
is
less
effective,
these
engines
rely
substantially
on
enrichment
to
provide
additional
cooling
relative
to
water­
cooled
engines.
At
these
richer
air­
fuel
ratios,
catalysts
are
able
to
reduce
NOX
emissions
but
oxidation
of
CO
emissions
is
much
less
effective.
As
a
result,
we
are
adopting
emission
standards
for
these
``
severeduty
engines
of
2.7
g/
kW­
hr
for
HC+
NOX
and
130
g/
kW­
hr
for
CO.
These
standards
apply
to
duty­
cycle
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Regulations
emission
testing
for
both
steady­
state
and
transient
measurements
(
for
certification,
production­
line,
and
inuse
testing).
The
corresponding
fieldtesting
standards
are
3.8
g/
kW­
hr
for
HC+
NOX
and
200
g/
kW­
hr
for
CO.
Severe­
duty
applications
include
concrete
saws
and
concrete
pumps.
These
types
of
equipment
are
exposed
to
high
levels
of
concrete
dust,
which
tends
to
form
a
thick
insulating
coat
around
any
heat­
exchanger
surfaces
and
exposes
engines
to
highly
abrasive
dust
particles.
Manufacturers
may
request
approval
in
identifying
additional
severe­
duty
applications
subject
to
these
less
stringent
standards
if
they
can
provide
clear
evidence
that
the
majority
of
installations
need
air­
cooled
engines
as
a
result
of
operation
in
a
severe­
duty
environment.
This
arrangement
generally
prevents
these
higher­
emitting
engines
from
gaining
a
competitive
advantage
in
markets
that
don't
already
use
air­
cooled
engines.
We
believe
three
years
between
phases
of
emission
standards
allows
manufacturers
enough
lead
time
to
meet
the
more
stringent
emission
standards.
The
projected
emission­
control
technologies
for
the
2004
emission
standards
should
be
capable
of
meeting
the
2007
emission
levels
with
additional
optimization
and
testing.
In
fact,
manufacturers
may
be
able
to
apply
their
optimization
efforts
before
2004,
leaving
only
the
additional
testing
demonstration
for
complying
with
the
2007
standards.
The
biggest
part
of
the
optimization
effort
may
be
related
to
gaining
assurance
that
engines
will
meet
field­
testing
emission
standards
described
in
Section
V.
D.
5,
since
engines
will
not
be
following
a
prescribed
duty
cycle.
For
engines
fueled
by
gasoline
and
liquefied
petroleum
gas
(
LPG),
we
specify
emission
standards
based
on
total
hydrocarbon
measurements,
while
California
ARB
standards
are
based
on
nonmethane
hydrocarbons.
We
believe
that
switching
to
measurement
based
on
total
hydrocarbons
simplifies
testing,
especially
for
field
testing
of
in­
use
engines
with
portable
devices
(
See
Section
V.
D.
5).
To
maintain
consistency
with
California
ARB
standards
in
the
near
term,
we
will
allow
manufacturers
to
base
their
certification
through
2006
on
either
nonmethane
or
total
hydrocarbons
(
see
40
CFR
1048.145).
Methane
emissions
from
controlled
engines
operating
on
gasoline
or
LPG
are
about
0.1
g/
kW­
hr.
Operation
of
natural
gas
engines
is
very
similar
to
that
of
LPG
engines,
with
one
noteworthy
exception.
Since
natural
gas
consists
primarily
of
methane,
these
engines
have
a
much
higher
level
of
methane
in
the
exhaust.
Methane
generally
does
not
contribute
to
ozone
formation,
so
it
is
often
excluded
from
emission
measurements.
We
have
therefore
specified
nonmethane
hydrocarbon
emissions
for
comparison
with
the
standard
for
natural
gas
engines.
However,
the
emission
standards
based
on
measuring
emissions
in
the
field
depend
on
total
hydrocarbons.
We
are
therefore
adopting
a
NOX­
only
field­
testing
standard
for
natural
gas
engines
instead
of
a
HC+
NOX
standard.
Since
control
of
NOX
emissions
for
natural
gas
engines
poses
a
significantly
greater
challenge
than
controlling
nonmethane
hydrocarbons,
duty­
cycle
testing
provides
adequate
assurance
that
these
engines
have
sufficiently
low
hydrocarbon
emission
levels.
Manufacturers
must
show
that
they
meet
these
duty­
cycle
standards
for
certification
and
the
engines
remain
subject
to
the
nonmethane
hydrocarbon
standard
in­
use
when
tested
over
the
same
duty­
cycles.
b.
Evaporative
emissions.
We
are
adopting
requirements
related
to
evaporative
and
permeation
emissions
from
gasoline­
fueled
Large
SI
engines.
For
controlling
diurnal
emissions,
we
are
adopting
an
emission
standard
of
0.2
grams
of
hydrocarbon
per
gallon
of
fuel
tank
capacity
during
a
24­
hour
period.
In
addition,
we
specify
that
manufacturers
use
fuel
lines
meeting
an
industry
standard
for
permeationresistance
Finally,
we
require
that
manufacturers
take
steps
to
prevent
fuel
from
boiling.
We
expect
certification
of
manufacturers'
equipment
to
be
designbased
as
compared
with
conducting
a
full
emission­
measurement
program
during
certification.
As
such,
meeting
these
evaporative
requirements
is
much
more
like
meeting
the
requirements
related
to
controlling
crankcase
emissions
and
is
therefore
discussed
in
detail
in
Section
V.
C.
4
below.

2.
May
I
Average,
Bank,
or
Trade
Emission
Credits?
We
are
not
including
an
averaging,
banking,
and
trading
program
for
certifying
engines.
As
described
in
Chapter
4
of
the
Final
Regulatory
Support
Document,
we
believe
that
manufacturers
will
generally
be
able
to
rely
on
a
relatively
uniform
application
of
emission­
control
technology
to
meet
emission
standards.
The
standards
were
selected
based
on
the
capabilities
of
all
manufacturers
to
comply
with
all
their
models
without
an
emission­
credit
program.
Moreover,
overlaying
an
emission­
credit
program
on
the
flexible
standards
described
above
would
be
highly
impractical.
If
such
a
program
could
be
devised
it
would
need
to
be
very
complex
and
would
achieve
little,
if
any,
advantage
to
manufacturers
beyond
the
advantages
already
embodied
in
the
flexible
approach
we
are
adopting.
However,
as
an
alternative
to
a
program
of
calculating
emission
credits
for
averaging,
banking,
and
trading,
we
are
adopting
a
simpler
approach
of
``
family
banking''
to
help
manufacturers
transition
to
new
emission
standards
(
see
40
CFR
1048.145
of
the
regulations).
Manufacturers
may
certify
an
engine
family
early,
which
would
allow
them
to
delay
certification
of
smaller
engine
families.
This
would
be
based
on
the
actual
sales
of
each
engine
family;
this
requires
no
calculation
or
accounting
of
emission
credits.
The
manufacturer
would
have
actual
sales
figures
for
the
early
family
at
the
end
of
the
production
year,
which
would
yield
a
total
number
of
allowable
sales
for
the
engine
family
with
delayed
compliance.
Manufacturers
may
certify
engines
to
the
2004
standards
early,
but
this
would
provide
benefits
only
for
complying
with
the
2004
standards.
These
``
credits''
would
not
apply
to
engines
for
meeting
the
2007
standards.

3.
Is
EPA
Adopting
Voluntary
Blue
Sky
Standards
for
These
Engines?
We
are
adopting
voluntary
Blue
Sky
standards
for
Large
SI
engines.
We
are
setting
a
target
of
0.8
g/
kW­
hr
(
0.6
g/
hphr
HC+
NOX
and
4.4
g/
kW­
hr
(
3.3
g/
hphr
CO
as
a
qualifying
level
for
Blue
Sky
Series
engines.
The
corresponding
fieldtesting
standards
for
Blue
Sky
Series
engines
are
1.1
g/
kW­
hr
(
0.8
g/
hp­
hr)
HC+
NOX
and
6.6
g/
kW­
hr
(
4.9
g/
hp­
hr)
CO.
These
voluntary
standards
are
based
on
achieving
the
maximum
control
of
both
HC+
NOX
and
CO
emissions,
as
described
in
Section
V.
C.
1.
To
achieve
these
emission
levels,
manufacturers
will
need
to
apply
significantly
additional
technology
beyond
that
required
for
the
mandatory
standards.
Manufacturers
may
start
producing
engines
to
these
voluntary
standards
immediately
after
this
final
rule
becomes
effective.
In
addition,
we
are
adopting
interim
voluntary
standards
corresponding
with
the
introduction
of
new
emission
standards.
Since
manufacturers
will
not
be
complying
early
to
bank
emission
credits,
voluntary
emission
standards
are
an
appropriate
way
to
encourage
manufacturers
to
meet
emission
standards
before
the
regulatory
deadline.
If
manufacturers
certify
engines
to
these
voluntary
standards,
they
are
not
eligible
for
participation
in
the
family­
banking
program
described
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78
Stoichiometry
is
the
proportion
of
a
mixture
of
air
and
fuel
such
that
the
fuel
is
fully
oxidized
with
no
remaining
oxygen.
For
example,
stoichiometric
combustion
in
gasoline
engines
typically
occurs
at
an
air­
fuel
mass
ratio
of
about
14.7.
79
''
Measurement
of
Evaporative
Emissions
from
Off­
Road
Equipment,''
by
James
N.
Carroll
and
Jeff
J.
White,
Southwest
Research
Institute
(
SwRI
08
 
Continued
above.
In
the
2003
model
year,
manufacturers
may
certify
their
engines
to
the
requirements
that
apply
starting
in
2004
to
qualify
for
the
Blue
Sky
designation.
Since
manufacturers
are
producing
engines
with
emissioncontrol
technologies
starting
in
2001,
these
engines
are
available
to
customers
outside
of
California
desiring
emission
reductions
or
fuel­
economy
improvements.
Similarly,
for
2003
through
2006
model
years,
manufacturers
may
certify
their
engines
to
the
requirements
that
start
to
apply
in
2007.

4.
Are
There
Other
Requirements
for
Large
SI
Engines?

a.
Crankcase
emissions.
Due
to
blowby
of
combustion
gases
and
the
reciprocating
action
of
the
piston,
exhaust
emissions
(
mostly
hydrocarbons)
can
accumulate
in
the
crankcase.
These
crankcase
emissions
are
significant,
representing
about
33
percent
of
total
exhaust
hydrocarbon.
Uncontrolled
engines
route
these
vapors
directly
to
the
atmosphere.
We
have
long
required
that
automotive
engines
prevent
crankcase
emissions.
Manufacturers
typically
do
this
by
routing
crankcase
vapors
through
a
valve
into
the
engine's
air
intake
system
where
they
are
burned
in
the
combustion
process.
Manufacturers
may
choose
one
of
two
methods
for
controlling
crankcase
emissions.
First,
adding
positivecrankcase
ventilation
prevents
crankcase
emissions.
Since
automotive
engine
blocks
are
already
tooled
for
closed
crankcases,
the
cost
of
adding
a
valve
for
positive­
crankcase
ventilation
for
most
engines
is
very
small.
An
alternative
method
addresses
specific
concerns
related
to
turbocharged
engines
or
engines
operating
in
severeduty
environments.
Where
closed
crankcases
are
impractical,
manufacturers
may
therefore
measure
crankcase
emissions
during
any
emission
testing
to
add
crankcase
emissions
to
measured
exhaust
emissions
for
comparing
with
the
standards.
b.
Diagnosing
malfunctions.
Manufacturers
must
design
their
Large
SI
engines
to
diagnose
malfunctioning
emission­
control
systems
starting
with
the
2007
model
year
(
see
§
1048.110).
Three­
way
catalyst
systems
with
closedloop
fueling
control
work
well
only
when
the
air­
fuel
ratios
are
controlled
to
stay
within
a
narrow
range
around
stoichiometry.
78
Worn
or
broken
components
or
drifting
calibrations
over
time
can
prevent
an
engine
from
operating
within
the
specified
range.
This
increases
emissions
and
can
significantly
increase
fuel
consumption
and
engine
wear.
The
operator
may
or
may
not
notice
the
change
in
the
way
the
engine
operates.
We
are
not
requiring
similar
diagnostic
controls
for
recreational
vehicles
or
recreational
marine
diesel
engines,
because
the
anticipated
emission­
control
technologies
for
these
other
applications
are
generally
less
susceptible
to
drift
and
gradual
deterioration.
This
diagnostic
requirement
focuses
solely
on
maintaining
stoichiometric
control
of
air­
fuel
ratios.
This
kind
of
design
detects
problems
such
as
broken
oxygen
sensors,
leaking
exhaust
pipes,
fuel
deposits,
and
other
things
that
require
maintenance
to
keep
the
engine
at
the
proper
air­
fuel
ratio.
Some
companies
are
already
producing
engines
with
diagnostic
systems
that
check
for
consistent
airfuel
ratios.
Their
initiative
supports
the
idea
that
diagnostic
monitoring
provides
a
mechanism
to
help
keep
engines
tuned
to
operate
properly,
with
benefits
for
both
controlling
emissions
and
maintaining
optimal
performance.
There
are
currently
no
inspection
and
maintenance
programs
for
nonroad
engines,
so
the
most
important
variable
in
making
the
emission
control
and
diagnostic
systems
effective
is
in
getting
operators
to
repair
the
engine
when
the
diagnostic
light
comes
on.
This
calls
for
a
relatively
simple
design
to
avoid
the
signaling
of
false
failures
as
much
as
possible.
The
diagnostic
requirements
in
this
rule
therefore
focus
on
detecting
inappropriate
air­
fuel
ratios,
which
is
the
most
likely
failure
mode
for
threeway
catalyst
systems.
The
malfunctionindicator
light
must
go
on
when
an
engine
runs
for
a
full
minute
under
closed­
loop
operation
without
reaching
a
stoichiometric
air­
fuel
ratio.
Some
natural
gas
engines
may
meet
standards
with
lean­
burn
designs
that
never
approach
stoichiometric
combustion.
While
manufacturers
may
design
these
engines
to
operate
at
specific
air­
fuel
ratios,
catalyst
conversion
(
with
two­
way
catalysts)
would
not
be
as
sensitive
to
air­
fuel
ratio
as
with
stoichiometric
designs.
For
these
or
other
engines
that
rely
on
emission­
control
technologies
incompatible
with
the
diagnostic
system
described
above,
manufacturers
must
devise
an
alternate
system
that
alerts
the
operator
to
engine
malfunctions
that
would
prevent
the
emission­
control
system
from
functioning
properly.
The
automotive
industry
has
developed
a
standardized
protocol
for
diagnostic
systems,
including
hardware
specifications,
and
uniform
trouble
codes.
In
the
regulations
we
reference
standards
adopted
by
the
International
Organization
for
Standardization
(
ISO)
for
automotive
systems.
If
manufacturers
find
that
these
standards
are
not
applicable
to
the
simpler
diagnostic
design
specified
for
Large
SI
engines,
we
encourage
engine
manufacturers
to
cooperate
with
each
other
and
with
other
interested
companies
to
develop
new
standards
specific
to
nonroad
engines.
Manufacturers
may
request
approval
to
use
systems
that
don't
meet
the
automotive
specifications
if
those
specifications
are
not
practical
or
appropriate
for
their
engines.
c.
Evaporative
emissions.
Evaporative
emissions
occur
when
fuel
evaporates
and
is
vented
into
the
atmosphere.
They
can
occur
while
an
engine
or
vehicle
is
operating
and
even
while
it
is
not
being
operated.
Among
the
factors
that
affect
evaporative
emissions
are:
 
Fuel
metering
(
fuel
injectors
or
carburetor)
 
The
degree
to
which
fuel
permeates
fuel
lines
and
fuel
tanks
 
Proximity
of
the
fuel
tank
to
the
exhaust
system
or
other
heat
sources
 
Whether
the
fuel
system
is
sealed
and
the
pressure
at
which
fuel
vapors
are
ventilated.
In
addition,
some
gasoline
fuel
tanks
may
be
exposed
to
heat
from
the
engine
compartment
and
high­
temperature
surfaces
such
as
the
exhaust
pipe.
In
extreme
cases,
fuel
can
start
boiling,
producing
very
large
amounts
of
gasoline
vapors
vented
directly
to
the
atmosphere.
Evaporative
emissions
from
Large
SI
engines
and
the
associated
equipment
represent
a
significant
part
of
their
overall
hydrocarbon
emissions.
The
magnitude
of
evaporative
emissions
varies
widely
depending
on
the
engine
design
and
application.
LPG­
fueled
equipment
generally
has
very
low
evaporative
emissions
because
of
the
tightly
sealed
fuel
system.
At
the
other
extreme,
carbureted
gasoline­
fueled
equipment
can
have
high
rates
of
evaporation.
In
1998,
Southwest
Research
Institute
measured
emissions
from
several
gasoline­
fueled
Large
SI
engines
and
found
them
to
vary
from
about
12
g/
day
up
to
almost
100
g/
day.
79
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Rules
and
Regulations
1076),
November
1998,
Docket
A
 
2000
 
01,
document
II
 
A
 
10.
80
''
Industrial
Trucks,
Internal
Combustion
Engine­
Powered,''
UL558,
ninth
edition,
June
28,
1996,
paragraphs
26.1
through
26.4,
Docket
A
 
2000
 
01,
document
II
 
A
 
28.
See
Section
XI.
I
for
our
consideration
of
incorporating
the
UL
requirements
into
our
regulations
by
reference.
81
''
New
Evaporative
Control
System
for
Gasoline
Tanks,''
EPA
Memorandum
from
Charles
Moulis
to
Glenn
Passavant,
March
1,
2001,
Docket
A­
2000
 
01,
document
II
 
B
 
16.
82
SAE
J2260
``
Nonmetallic
Fuel
System
Tubing
with
One
or
More
Layers,''
November
1996
(
Docket
A
 
2000
 
01,
document
II
 
A
 
03).
83
UL558,
paragraph
19.1.1,
Docket
A
 
2000
 
01,
document
II
 
A
 
28.
This
study
did
not
take
into
account
the
possibility
of
unusually
high
fuel
temperatures
during
engine
operation,
as
described
further
below.
We
are
adopting
basic
measures
to
reduce
evaporative
emissions
from
gasoline­
fueled
Large
SI
engines.
First,
we
are
adopting
an
evaporative
emission
standard
of
0.2
grams
per
gallon
of
fuel
tank
capacity
for
24­
hour
day
when
temperatures
cycle
between
72
°
and
96
°
F.
For
purposes
of
certification,
manufacturers
may
choose,
however,
to
rely
on
a
specific
design
for
certification
instead
of
measuring
emissions.
We
have
identified
a
technology
that
adequately
prevents
evaporative
emissions
such
that
the
design
itself
would
be
enough
to
show
compliance
with
the
evaporative
emission
standard
for
purposes
of
certification.
Specifically,
pressurized
fuel
tanks
control
evaporative
emissions
by
suppressing
vapor
generation.
In
its
standards
for
industrial
trucks
operating
in
certain
environments,
Underwriters
Laboratories
requires
that
trucks
use
self­
closing
fuel
caps
with
tanks
that
stay
sealed
to
prevent
evaporative
losses;
venting
is
allowed
for
positive
pressures
above
3.5
psi
or
for
vacuum
pressures
of
at
least
1.5
psi.
80
We
know
that
any
Large
SI
engines
or
vehicles
operating
with
these
pressures
would
meet
the
standard
because
test
data
confirm
the
basic
chemistry
principles
related
to
phase­
change
pressure
relationships
showing
that
fuel
tanks
will
remain
sealed
at
all
times
during
the
prescribed
test
procedure.
Also,
similar
to
the
Underwriters
Laboratories'
requirement,
we
specify
that
manufacturers
must
use
self­
closing
or
tethered
fuel
caps
to
ensure
that
fuel
tanks
designed
to
hold
pressure
are
not
inadvertently
left
exposed
to
the
atmosphere.
In
some
applications,
manufacturers
may
want
to
avoid
high
fuel­
tank
pressures.
Manufacturers
may
be
able
to
meet
the
standard
using
an
air
bladder
inside
the
fuel
tank
that
changes
in
volume
to
keep
the
system
in
equilibrium
at
atmospheric
pressure.
81
We
have
data
showing
that
these
systems
also
would
remain
sealed
at
all
times
during
the
prescribed
test
procedure.
However,
the
permeation
levels
related
to
the
air
bladder
and
the
long­
term
durability
of
this
type
of
system
are
still
unknown.
Once
these
parameters
are
established
with
test
data,
perhaps
with
some
additional
product
development,
this
technology
may
then
qualify
as
an
option
for
design­
based
certification.
Similarly,
collapsible
bladder
tanks,
which
change
in
volume
to
prevent
generation
of
a
vapor
space
or
vapor
emissions,
may
eventually
be
available
as
a
technology
for
design­
based
certification
once
permeation
data
are
available
to
confirm
that
systems
with
these
tanks
would
meet
the
standard.
Finally,
an
automotive­
type
system
that
stores
fuel
tank
vapors
for
burning
in
the
engine
would
be
another
alternative
technology,
though
it
is
unlikely
that
such
a
system
can
be
simply
characterized
and
included
as
an
option
for
design­
based
certification.
In
addition,
engine
manufacturers
must
use
(
or
specify
that
equipment
manufacturers
installing
their
engines
use)
fuel
lines
meeting
the
industry
performance
standard
for
permeationresistant
fuel
lines
developed
for
motor
vehicles.
82
While
metal
fuel
lines
do
not
have
problems
with
permeation,
manufacturers
should
use
discretion
in
selecting
materials
for
grommets
and
valves
connecting
metal
components
to
avoid
high­
permeation
materials.
Evaporative
emission
standards
for
motor
vehicles
have
led
to
the
development
of
a
wide
variety
of
permeation­
resistant
polymer
components.
These
permeation
requirements
are
based
on
manufacturers
using
a
more
effective
emission
controls
than
that
specified
for
recreational
vehicles.
This
is
appropriate
because
Large
SI
manufacturers
are
able
to
use
automotive­
grade
materials
across
their
product
line,
while
recreational
vehicle
manufacturers
have
pointed
out
various
limitations
in
incorporating
automotivegrade
materials.
Conversely,
Large
SI
manufacturers
are
not
subject
to
permeation
requirements
related
to
fuel
tanks,
since
almost
all
of
these
tanks
are
made
of
metal.
Finally,
based
on
available
technologies,
manufacturers
must
take
steps
to
prevent
fuel
boiling.
The
Underwriters
Laboratories
specification
for
forklifts
attempts
to
address
this
concern
through
a
specified
maximum
fuel
temperature,
but
the
current
limit
does
not
prevent
fuel
boiling.
83
We
are
adopting
a
standard
that
prohibits
fuel
boiling
during
continuous
operation
at
30
°
C
(
86
°
F).
Engine
manufacturers
must
incorporate
designs
that
reduce
the
heat
load
to
the
fuel
tank
to
prevent
boiling.
For
companies
that
sell
loose
engines,
this
may
involve
instructions
to
equipment
manufacturers
to
help
ensure,
for
example,
that
fuel
tank
surfaces
are
exposed
to
ambient
air
rather
than
to
exhaust
pipes
or
direct
engine
heat.
Engine
manufacturers
may
specify
a
maximum
fuel
temperature
for
the
final
installation.
Such
a
temperature
limit
should
be
well
below
53
°
C
(
128
°
F),
the
temperature
at
which
summer­
grade
gasoline
(
9
RVP)
typically
starts
boiling.
An
additional
source
of
evaporative
emissions
is
from
carburetors.
Carburetors
often
have
high
hot
soak
emissions
(
immediately
after
engine
shutdown).
We
expect
manufacturers
to
convert
carbureted
designs
to
fuel
injection
as
a
result
of
the
exhaust
emission
standards.
While
we
do
not
mandate
this
technology,
we
believe
the
need
to
reduce
exhaust
emissions
will
cause
engine
manufacturers
to
use
fuel
injection
on
all
gasoline
engines.
This
change
alone
will
eliminate
most
hot
soak
emissions.
Engine
manufacturers
using
designbased
certification
need
to
describe
in
the
application
for
certification
the
selected
design
measures
and
specifications
to
address
evaporative
losses
from
gasoline­
fueled
engines.
For
loose­
engine
sales,
this
includes
emission­
related
installation
instructions
that
the
engine
manufacturer
gives
to
equipment
manufacturers.
While
equipment
manufacturers
must
follow
these
installation
instruction,
the
engine
manufacturer
has
the
responsibility
to
certify
a
system
that
meets
the
evaporative­
related
requirements
described
in
this
section.
This
should
work
in
practice,
because
engine
manufacturers
already
provide
equipment
manufacturers
a
variety
of
specifications
and
other
instructions
to
ensure
that
engines
operate
properly
inuse
after
installation
in
the
equipment.
The
alternative
approach
of
requiring
equipment
manufacturers
to
certify
is
impractical
because
of
the
very
large
number
of
companies
involved.

5.
What
Durability
Provisions
Apply?
a.
Useful
life.
We
are
adopting
a
useful
life
period
of
seven
years
or
until
the
engine
accumulates
at
least
5,000
operating
hours,
whichever
comes
first.
This
figure
represents
a
minimum
value
and
may
increase
as
a
result
of
data
showing
that
an
engine
model
is
designed
to
last
longer.
This
figure,

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2002
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Rules
and
Regulations
which
California
ARB
has
already
adopted,
represents
an
operating
period
that
is
common
for
Large
SI
engines
before
they
undergo
rebuild.
This
also
reflects
a
comparable
degree
of
operation
relative
to
the
useful
life
values
of
100,000
to
150,000
miles
that
apply
to
automotive
engines
(
assuming
an
average
driving
speed
of
20
to
30
miles
per
hour).
Some
engines
are
designed
for
operation
in
severe­
duty
applications
with
a
shorter
expected
lifetime.
Concrete
saws
in
particular
undergo
accelerated
wear
as
a
result
of
operating
in
an
environment
with
high
concentrations
of
highly
abrasive,
airborne
concrete
dust
particles.
We
are
allowing
manufacturers
to
request
a
shorter
useful
life
for
an
engine
family
based
on
information
showing
that
engines
in
the
family
rarely
operate
beyond
the
alternative
useful­
life
period.
For
example,
if
engines
powering
concrete
saws
are
typically
scrapped
after
2000
hours
of
operation,
this
would
form
the
basis
for
establishing
a
shorter
useful­
life
period
for
those
engines.
Manufacturers
relying
on
designbased
certification
to
meet
the
evaporative
requirements
must
use
good
engineering
judgment
to
show
that
emission
controls
will
work
for
at
least
seven
years.
This
may,
for
example,
be
based
on
warranty
or
productperformance
history
from
component
suppliers.
This
also
applies
for
systems
designed
to
address
crankcase
emissions.
b.
Warranty.
Manufacturers
must
provide
an
emission­
related
warranty
for
at
least
the
first
half
of
an
engine's
useful
life
(
in
operating
hours)
or
three
years,
whichever
comes
first.
These
periods
must
be
longer
if
the
manufacturer
offers
a
longer
mechanical
warranty
for
the
engine
or
any
of
its
components;
this
includes
extended
warranties
that
are
available
for
an
extra
price.
The
emission­
related
warranty
includes
components
related
to
controlling
evaporative
and
crankcase
emissions.
In
addition,
we
are
adopting
the
warranty
provisions
adopted
by
California
ARB
for
high­
cost
parts.
For
emission­
related
components
whose
replacement
cost
is
more
than
about
$
400,
we
specify
a
minimum
warranty
period
of
at
least
70
percent
of
the
engine's
useful
life
(
in
operating
hours)
or
5
years,
whichever
comes
first.
See
§
1048.120
for
a
description
of
which
components
are
emission­
related.
c.
Maintenance
instructions.
We
are
specifying
minimum
maintenance
intervals
much
like
those
established
by
California
ARB
for
Large
SI
engines.
The
minimum
intervals
define
how
much
maintenance
a
manufacturer
may
specify
to
ensure
that
engines
are
properly
maintained
for
staying
within
emission
standards.
Manufacturers
may
schedule
maintenance
on
catalysts,
fuel
injectors,
electronic
control
units
and
turbochargers
after
5,000
hours.
For
oxygen
sensors
and
cleaning
of
fuelsystem
components,
the
minimum
maintenance
interval
is
2,500
hours.
This
fuel­
system
cleaning
must
be
limited
to
steps
that
can
be
taken
without
disassembling
components.
We
have
relaxed
this
from
the
proposed
interval
of
4,500
hours
to
take
into
account
comments
emphasizing
that
these
maintenance
steps
will
be
necessary
more
frequently
than
the
proposed
interval;
this
shorter
interval
also
reflects
the
comparable
provisions
that
apply
to
automotive
systems.
We
are
also
proposing
a
diagnostic
requirement
to
ensure
that
prematurely
failing
oxygen
sensors
or
other
components
are
detected
and
replaced
on
an
as­
needed
basis.
If
operators
fail
to
address
faulty
components
after
a
fault
signal,
we
would
not
consider
that
engine
to
be
properly
maintained.
This
could
the
engine
ineligible
for
manufacturer
in­
use
testing.
d.
Deterioration
factors.
We
are
adopting
an
approach
that
gives
manufacturers
wide
discretion
in
how
to
establish
deterioration
factors
for
Large
SI
engines.
The
general
expectation
is
that
manufacturers
will
rely
on
emission
measurements
from
engines
that
have
operated
for
an
extended
period,
either
in
field
service
or
in
the
laboratory.
The
manufacturer
should
do
testing
as
needed
to
be
confident
that
their
engines
will
meet
emission
standards
under
the
in­
use
testing
program.
In
deciding
to
certify
an
engine
family,
we
can
review
deterioration
factors
to
ensure
that
the
projected
deterioration
accurately
predicts
in­
use
deterioration.
We
will
use
results
under
the
in­
use
testing
program
to
verify
the
appropriateness
of
deterioration
factors.
In
the
first
two
or
three
years
of
certification,
manufacturers
will
not
yet
have
data
from
the
in­
use
testing
program.
Moreover,
manufacturers
may
choose
to
rely
on
technologies
and
calibrations
for
meeting
the
long­
term
standards
well
before
2007
to
simplify
their
product­
development
efforts.
We
are
therefore
allowing
manufacturers
to
rely
on
an
assigned
deterioration
factor
to
meet
the
2004
standards,
while
continuing
to
require
manufacturers
to
meet
the
applicable
emission
standards
throughout
the
useful
life
for
these
engines.
The
assigned
deterioration
factor
may
be
derived
from
any
available
data
that
would
help
predict
the
way
these
systems
would
perform
in
the
field,
using
good
engineering
judgment.
Manufacturers
may
develop
deterioration
factors
for
crankcase
and
evaporative
controls.
However,
we
do
not
expect
these
control
technologies
to
experience
degradation
that
would
cause
a
deterioration
factor
to
be
appropriate.
e.
In­
use
fuel
quality.
Gasoline
used
in
industrial
applications
is
generally
the
same
as
that
used
for
automotive
applications.
Improvements
that
have
been
made
to
highway­
grade
gasoline
therefore
carry
over
directly
to
nonroad
markets.
This
helps
manufacturers
be
sure
that
fuel
quality
will
not
degrade
an
engine's
emission­
control
performance
after
several
years
of
sustained
operation.
In
contrast,
there
are
no
enforceable
industry
or
government
standards
for
LPG
fuel
quality.
Testing
data
indicate
that
varying
fuel
quality
has
a
small
direct
effect
on
emissions
from
a
closedloop
engine
with
a
catalyst.
The
greater
concern
is
that
fuel
impurities
and
heavy­
end
hydrocarbons
may
cause
an
accumulation
of
deposits
that
can
prevent
an
emission­
control
system
from
functioning
properly.
While
an
engine's
feedback
controls
can
compensate
for
some
restriction
in
air­
and
fuel­
flow,
deposits
may
eventually
prevent
the
engine
from
accurately
controlling
air­
fuel
ratios
at
stoichiometry.
As
described
in
the
Final
Regulatory
Support
Document,
test
data
show
that
emission­
control
systems
can
tolerate
substantial
fuel­
related
deposits
before
there
is
any
measurable
effect
on
emissions.
Moreover,
the
engine
diagnostic
systems
described
in
the
next
section
will
notify
the
operator
when
fuel­
related
deposits
prevent
an
engine
from
operating
at
stoichiometry.
In
any
case,
a
routine
cleaning
step
should
remove
deposits
and
restore
the
engine
to
proper
functioning.
Data
from
in­
use
testing
will
provide
additional
information
related
to
the
effects
of
varying
fuel
quality
on
emission
levels.
This
information
will
be
helpful
in
making
sure
that
the
deterioration
factors
for
certifying
engines
accurately
reflect
the
whole
range
of
in­
use
operating
variables,
including
varying
fuel
quality.
Our
testing
shows
that
fuel
properties
of
conventional
commercial
LPG
fuel
allow
for
durable,
long­
term
control
of
emissions.
However,
to
the
extent
that
engines
operating
in
specific
areas
have
inferior
fuel
quality
that
prevents
them
from
meeting
emission
standards,
we
will
be
pursuing
nationwide
requirements
to
set
minimum
quality
standards
for
in­
use
LPG
fuel.

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2002
/
Rules
and
Regulations
D.
Testing
Requirements
and
Supplemental
Emission
Standards
1.
What
Duty
Cycles
Are
Used
To
Measure
Emissions?
For
2004
through
2006
model
years,
we
specify
the
same
steady­
state
duty
cycles
adopted
by
California
ARB.
For
variable­
speed
engines,
this
involves
the
testing
based
on
the
ISO
C2
duty
cycle,
which
has
five
modes
at
various
intermediate
speed
points,
plus
one
mode
at
rated
speed
and
one
idle
mode.
The
combined
intermediate­
speed
points
at
10,
25,
and
50
percent
account
for
over
70
percent
of
the
total
modal
weighting.
A
separate
duty
cycle
for
the
large
number
of
Large
SI
engine
providing
power
for
constant­
speed
applications,
such
as
generators,
welders,
compressors,
pumps,
sweepers,
and
aerial
lifts.
Constant­
speed
testing
is
based
on
the
ISO
D2
duty
cycle,
which
specifies
engine
operation
at
rated
speed
with
five
different
load
points.
This
same
steady­
state
duty
cycle
applies
to
constant­
speed,
nonroad
diesel
engines.
Emission
values
measured
on
the
D2
duty
cycle
are
treated
the
same
as
values
from
the
C2
duty
cycle;
the
same
numerical
standards
apply
to
both
cycles.
Manufacturers
must
generally
test
engines
on
both
the
C2
and
D2
duty
cycles.
Since
the
C2
cycle
includes
very
little
operation
at
rated
speed,
it
is
not
effective
in
ensuring
control
of
emissions
for
constant­
speed
engines.
The
D2
cycle
is
even
less
capable
of
predicting
emission
performance
from
variable­
speed
engines.
Manufacturers
may,
however,
choose
to
certify
their
engines
on
only
one
of
these
two
steadystate
duty
cycles.
In
this
case,
they
would
need
to
take
steps
to
make
sure
C2­
certified
engines
are
installed
only
in
variable­
speed
applications
and
D2­
certified
engines
are
installed
only
in
constant­
speed
applications.
Engine
manufacturers
would
do
this
by
labeling
their
engines
appropriately
and
providing
installation
instructions
to
make
sure
equipment
manufacturers
and
others
are
aware
of
the
restricted
certification.
Equipment
manufacturers
are
required
under
the
regulations
to
follow
the
engine
manufacturer's
emission­
related
installation
instructions.
Starting
in
2007,
we
specify
an
expanded
set
of
duty
cycles,
again
with
separate
treatment
for
variable­
speed
and
constant­
speed
applications.
The
test
procedure
is
comprised
of
three
segments:
(
1)
A
warm­
up
segment,
(
2)
a
transient
segment,
and
(
3)
a
steady­
state
segment.
Each
of
these
segments,
described
briefly
in
this
section,
include
specifications
for
the
speed
and
load
of
the
engine
as
a
function
of
time.
Measured
emissions
during
the
transient
and
steady­
state
segments
must
meet
the
same
emission
standards
that
apply
to
all
duty
cycles.
In
general,
the
duty
cycles
are
intended
to
represent
operation
from
the
wide
variety
of
in­
use
applications.
This
includes
highly
transient
low­
speed
forklift
operation,
constant­
speed
operation
of
portable
equipment,
and
intermediate­
speed
vehicle
operation.
Ambient
temperatures
in
the
laboratory
must
be
between
20
°
and
30
°
C
(
68
°
and
86
°
F)
during
duty­
cycle
testing.
This
improves
the
repeatability
of
emission
measurements
when
the
engine
runs
through
its
prescribed
operation.
We
nevertheless
expect
manufacturers
to
design
for
controlling
emissions
under
broader
ambient
conditions,
as
described
in
Section
V.
D.
5.
The
warm­
up
segment
begins
with
a
cold­
start.
This
means
that
the
engine
should
be
near
room
temperature
before
the
test
cycle
begins.
(
Starting
with
an
engine
that
is
still
warm
from
previous
testing
is
allowed
if
good
engineering
judgment
indicates
that
this
will
not
affect
emissions.)
Once
the
engine
is
started,
it
operates
over
the
first
3
minutes
of
the
specified
transient
duty
cycle
without
emission
measurement.
The
engine
then
idles
for
30
seconds
before
starting
the
prescribed
transient
cycle.
The
purpose
of
the
warm­
up
segment
is
to
bring
the
engine
up
to
normal
operating
temperature
in
a
standardized
way.
For
severe­
duty
engines,
the
warm­
up
period
is
extended
up
to
15
minutes
to
account
for
the
additional
time
needed
to
stabilize
operating
temperatures
from
air­
cooled
engines.
The
warm­
up
period
allows
enough
time
for
engine­
out
emissions
to
stabilize,
for
the
catalyst
to
warm
up
enough
to
become
active,
and
for
the
engine
to
start
closed­
loop
operation.
This
serves
as
a
defined
and
achievable
target
for
the
design
engineer
to
limit
cold­
start
emissions
to
a
relatively
short
period.
In
addition,
we
require
manufacturers
to
activate
emission­
control
systems
as
soon
as
possible
after
engine
starting
to
make
clear
that
it
is
not
acceptable
to
design
the
emission­
control
system
to
start
working
only
after
the
defined
warm­
up
period
is
complete.
In
addition,
we
may
measure
emissions
during
the
warm­
up
period
to
evaluate
whether
manufacturers
are
employing
defeat
devices.
In
contrast,
transient
testing
of
heavy­
duty
highway
engines
requires
separate
cold­
start
and
hot­
start
measurements,
with
an
86­
percent
weighting
assigned
to
the
hot­
start
portion
in
calculating
an
engine's
composite
emission
level.
We
believe
this
approach
for
nonroad
engines
serves
to
limit
cold­
start
emissions
without
forcing
manufacturers
to
focus
design
and
testing
resources
on
this
portion
of
operation.
The
transient
segment
of
the
general
duty
cycle
is
a
composite
of
forklift
and
welder
operation.
This
duty
cycle
was
developed
by
selecting
segments
of
measured
engine
operation
from
two
forklifts
and
a
welder
as
they
performed
their
normal
functions.
This
transient
segment
captures
the
wide
variety
of
operation
from
a
large
majority
of
Large
SI
engines
as
fork­
lifts
and
constantspeed
engines
represent
about
90
percent
of
the
Large
SI
market.
Emissions
measured
during
this
segment
are
averaged
over
the
entire
transient
segment
to
give
a
single
value
in
g/
kW.
Steady­
state
testing
consists
of
engine
operation
for
an
extended
period
at
several
discrete
speed­
load
combinations.
Associated
with
these
test
points
are
weighting
factors
that
allow
a
single
weighted­
average
steadystate
emission
level
in
g/
kW.
While
any
steady­
state
duty
cycle
is
limited
in
how
much
it
can
represent
operation
of
engines
that
undergo
transient
operation,
the
distribution
of
the
C2
modes
and
their
weighting
values
aligns
significantly
with
expected
and
measured
engine
operation
from
Large
SI
engines.
In
particular,
these
engines
are
generally
not
designed
to
operate
for
extended
periods
at
high­
load,
rated
speed
conditions.
Field
measurement
of
engine
operation
shows,
however,
that
forklifts
operate
extensively
at
lower
speeds
than
those
included
in
the
C2
duty
cycle.
While
we
believe
the
test
points
of
the
C2
duty
cycle
are
representative
of
engine
operation
from
many
applications
of
Large
SI
engines,
supplementing
the
steady­
state
testing
with
a
transient
duty
cycle
is
necessary
to
adequately
include
engine
operation
characteristic
of
what
occurs
in
the
field.
A
separate
transient
duty
cycle
applies
to
engines
that
are
certified
for
constant­
speed
applications
only.
These
engines
maintain
a
constant
speed,
but
can
experience
widely
varying
loads.
The
transient
duty
cycle
for
these
engines
includes
20
minutes
of
engine
operation
based
on
the
way
engines
work
in
a
welder.
Note
that
manufacturers
selling
engines
for
both
constant­
speed
and
variable­
speed
applications
may
omit
the
constantspeed
transient
test,
since
that
type
of
operation
is
included
in
the
general
transient
test.
A
subset
of
constant­
speed
engines
are
designed
to
operate
only
at
high
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Vol.
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Friday,
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2002
/
Rules
and
Regulations
load.
To
address
the
operating
limitations
of
these
engines,
we
are
adopting
a
modified
steady­
state
duty
cycle
if
the
manufacturer
provides
clear
evidence
showing
that
engines
rarely
operate
below
75
percent
of
full
load
at
rated
speed.
Since
most
Large
SI
engines
are
clearly
capable
of
operating
for
extended
periods
at
light
loads,
we
expect
these
provisions
to
apply
to
very
few
engines.
This
modified
duty
cycle
consists
of
two
equally
weighted
points,
75
percent
and
100
percent
of
full
load,
at
rated
speed.
Since
the
transient
cycle
described
above
involves
extensive
light­
load
operation,
engines
qualifying
for
this
high­
load
duty
cycle
would
not
need
to
measure
emissions
over
the
transient
cycle.
Note
that
the
fieldtesting
emission
standards
still
apply
to
engines
that
don't
certify
to
transient
duty­
cycle
standards.
Some
diesel­
derived
engines
operating
on
natural
gas
with
power
ratings
up
to
1,500
or
2,000
kW
may
be
covered
by
these
emission
standards.
Engine
dynamometers
with
transientcontrol
capabilities
are
generally
limited
to
testing
engines
up
to
500
or
600
kW.
At
this
time
emission
standards
and
testing
requirements
related
to
transient
duty
cycles
will
not
apply
for
engines
rated
above
560
kW.
We
will
likely
review
this
provision
for
Large
SI
engines
once
we
have
reached
a
conclusion
on
the
same
issue
for
nonroad
diesel
engines.
For
example,
if
we
propose
provisions
for
nonroad
diesel
engines
that
address
testing
issues
for
these
very
large
engines,
we
would
likely
propose
those
same
provisions
for
Large
SI
engines.
Test
procedures
related
to
evaporative
emissions
are
described
in
Section
V.
C.
4
above.
In
general,
this
involves
measuring
evaporative
losses
during
a
three­
day
period
of
cycling
ambient
temperatures
between
72
°
and
96
°
F.

2.
What
Fuels
Are
Used
During
Emission
Testing?
For
gasoline­
fueled
Large
SI
engines,
we
are
adopting
the
same
specifications
we
have
established
for
testing
gasolinefueled
highway
vehicles
and
engines.
This
includes
the
revised
specification
to
cap
sulfur
levels
at
80
ppm
(
65
FR
6698,
February
10,
2000).
These
fuel
specifications
apply
for
both
exhaust
and
evaporative
emissions.
For
LPG,
we
are
adopting
the
same
specifications
established
by
California
ARB.
We
understand
that
in­
use
fuel
quality
for
LPG
varies
significantly
in
different
parts
of
the
country
and
at
different
times
of
the
year.
Not
all
in­
use
fuels
outside
California
meet
California
ARB
specifications
for
certification
fuel,
but
fuels
meeting
the
California
specifications
are
nevertheless
widely
available.
Test
data
show
that
LPG
fuels
with
a
much
lower
propane
content
have
only
slightly
higher
NOX
and
CO
emissions
(
see
Chapter
4
of
the
Final
Regulatory
Support
Document
for
additional
information).
These
data
support
our
belief
that
engines
certified
using
the
specified
fuel
will
achieve
the
desired
emission
reduction
for
a
wide
range
of
in­
use
fuels.
At
certification
manufacturers
provide
deterioration
factors
that
take
into
account
any
effects
related
to
the
varying
quality
of
commercially
available
fuels.
For
natural
gas,
we
are
adopting
specifications
similar
to
those
adopted
by
California
ARB.
As
described
in
the
Summary
and
Analysis
of
Comments,
we
have
adjusted
some
of
the
detailed
specifications
from
the
proposal
to
reflect
new
data
submitted
after
the
proposal
regarding
ranges
of
fuel
properties
reflecting
current
commercial
fuels.
Unlike
California
ARB,
we
apply
the
fuel
specifications
to
testing
only
for
emission
measurements,
not
to
service
accumulation.
Service
accumulation
between
emission
tests
may
involve
certification
fuel
or
any
commercially
available
fuel
of
the
appropriate
type.
We
similarly
allow
manufacturers
to
choose
between
certification
fuel
and
any
commercial
fuel
for
in­
use
measurements
to
show
compliance
with
field­
testing
emission
standards.
Since
publishing
the
proposal,
we
learned
about
issues
related
to
Large
SI
engines
that
operate
around
landfills
or
oil
wells,
where
engines
may
burn
naturally
occurring
gases
that
are
otherwise
emitted
to
the
atmosphere.
These
gases
generally
consist
of
methane,
but
a
wide
range
of
other
constituents
may
also
be
mixed
in.
As
a
result,
engines
may
require
adjustment
over
a
wide
range
of
settings
for
spark
timing
and
air­
fuel
ratio
to
maintain
consistent
combustion.
We
generally
believe
that
engine
manufacturers
should
design
their
engines
to
operate
with
automatic
feedback
controls
as
much
as
possible
to
avoid
the
need
for
operators
to
manually
adjust
engines.
However,
in
cases
involving
these
noncommercial
fuels,
there
is
no
way
to
improve
the
quality
of
the
fuel
to
conform
to
any
standardized
specifications.
Also,
it
is
clearly
preferred
to
capture
and
burn
these
gases
than
to
emit
them
directly
to
the
atmosphere,
both
to
prevent
greenhouse­
gas
emissions
and
to
avoid
wasting
this
source
of
fuel.
To
address
this
concern,
we
are
adopting
special
provisions
for
engines
burning
noncommercial
fuels
if
they
are
unable
to
meet
emission
standards
over
the
full
range
of
adjustability
needed
to
accommodate
the
varying
fuel
properties.
Manufacturers
would
show
that
these
engines
can
meet
emission
standards
using
normal
certification
fuels,
but
the
normal
provisions
related
to
adjustable
parameters
would
not
apply.
To
properly
constrain
this
provision,
we
are
including
four
requirements.
First,
manufacturers
would
need
to
add
information
on
an
engine
label
instructing
operators
how
to
make
adjustments
that
would
allow
for
maintained
emission
control
and
overall
engine
performance.
Second,
manufacturers
would
include
additional
label
language
to
warn
operators
that
the
engine
may
be
used
only
in
applications
involving
noncommercial
fuels.
Third,
manufacturers
must
separate
these
engines
into
a
distinct
engine
family.
Fourth,
manufacturers
must
keep
a
record
of
individual
sales
of
such
engines.

3.
Are
There
Production­
Line
Testing
Provisions
for
Large
SI
Engines?
The
provisions
described
in
Section
II.
C.
4
apply
to
Large
SI
engines.
These
requirements
are
consistent
with
those
adopted
by
California
ARB.
One
new
issue
specific
to
Large
SI
engines
relates
to
the
duty
cycles
for
measuring
emissions
from
production­
line
engines.
For
routine
production­
line
testing,
we
require
emission
measurements
only
with
the
steady­
state
duty
cycles
used
for
certification.
Due
to
the
cost
of
sampling
equipment
for
transient
engine
operation,
we
do
not
require
routine
transient
testing
of
production­
line
engines.
Transient
testing
of
productionline
engines
would
add
a
substantial
burden,
since
many
manufacturers
have
limited
emission­
sampling
capability
at
production
facilities;
also,
these
production
facilities
might
be
located
at
multiple
sites.
We
believe
that
steadystate
emission
measurements
will
give
a
good
indication
of
the
manufacturers'
ability
to
build
engines
consistent
with
the
prototypes
on
which
their
certification
data
are
based.
We
reserve
the
right,
however,
to
direct
a
manufacturer
to
measure
emissions
with
a
transient
duty
cycle
if
we
believe
it
is
appropriate.
One
indication
of
the
need
for
this
transient
testing
would
be
if
steady­
state
emission
levels
from
production­
line
engines
are
significantly
higher
than
the
emission
levels
reported
in
the
application
for
certification
for
that
engine
family.
For
manufacturers
with
the
capability
of
measuring
transient
emission
levels
at
the
production
line,
we
recommend
doing
transient
tests
to
better
ensure
that
inuse
tests
will
not
reveal
problems
in
controlling
emissions
during
transient
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8,
2002
/
Rules
and
Regulations
operation.
Manufacturers
need
not
make
any
measurements
to
show
that
production­
line
engines
meet
fieldtesting
emission
standards.
We
expect
manufacturers
generally
to
certify
their
engines
to
the
evaporative
requirements
using
a
design­
based
approach.
Accordingly,
the
technologies
we
expect
manufacturers
to
use
for
controlling
evaporative
emissions
are
not
subject
to
variation
as
a
result
of
production
procedures,
so
we
are
not
requiring
production­
line
testing
related
to
the
evaporative
requirements.

4.
Are
There
In­
Use
Testing
Provisions
for
Large
SI
Engines?
While
the
certification
and
production­
line
compliance
requirements
are
important
to
ensure
that
engines
are
designed
and
produced
in
compliance
with
established
emission
limits,
there
is
also
a
need
to
confirm
that
manufacturers
build
engines
with
sufficient
durability
to
meet
emission
limits
as
they
age
in
service.
Consistent
with
the
California
ARB
program,
we
are
requiring
engine
manufacturers
to
conduct
emission
tests
on
a
small
number
of
field­
aged
engines
to
show
they
meet
emission
standards.
We
may
generally
select
up
to
25
percent
of
a
manufacturer's
engine
families
in
a
given
year
to
be
subject
to
in­
use
testing.
Most
companies
will
need
to
test
at
most
one
engine
family
per
year.
Manufacturers
may
conduct
in­
use
testing
on
any
number
of
additional
engine
families
at
their
discretion.
Manufacturers
in
unusual
circumstances
may
develop
an
alternate
plan
to
fulfill
any
in­
use
testing
obligations,
consistent
with
a
similar
program
we
have
adopted
for
outboard
and
personal
watercraft
marine
engines.
These
circumstances
include
total
sales
for
an
engine
family
below
200
per
year,
installation
only
in
applications
where
testing
is
not
possible
without
irreparable
damage
to
the
vehicle
or
engine,
or
any
other
unique
feature
that
prevents
full
emission
measurements.
While
the
regulations
allow
us
to
select
an
engine
family
every
year
from
an
engine
manufacturer,
there
are
several
reasons
why
small­
volume
manufacturers
may
expect
a
less
demanding
approach.
These
manufacturers
may
have
only
one
or
two
engine
families.
If
a
manufacturer
shows
that
an
engine
family
meets
emission
standards
in
an
in­
use
testing
exercise,
that
may
provide
adequate
data
to
show
compliance
for
that
engine
family
for
a
number
of
years,
provided
that
the
manufacturer
continues
to
produce
those
engines
without
significantly
redesigning
them
in
a
way
that
might
affect
their
in­
use
emissions
performance
and
that
we
do
not
have
other
reason
to
suspect
noncompliance.
Also,
where
we
have
evidence
that
a
manufacturer's
engines
are
likely
in
good
in­
use
compliance,
we
generally
take
the
approach
of
selecting
engine
families
based
on
some
degree
of
proportionality.
To
the
extent
that
manufacturers
produce
a
smaller
than
average
proportion
of
engines,
they
may
expect
us
to
select
their
engine
families
less
frequently,
especially
if
other
available
data
pointed
toward
in­
use
compliance.
In
addition,
our
experience
in
implementing
a
comparable
testing
program
for
recreational
marine
engines
provides
a
history
of
how
we
implement
in­
use
testing
requirements.
Engines
can
be
tested
one
of
two
ways.
First,
manufacturers
can
remove
engines
from
vehicles
or
equipment
and
test
the
engines
on
a
laboratory
dynamometer
using
certification
procedures.
For
2004
through
2006
model
year
engines,
this
is
the
same
steady­
state
duty
cycle
used
for
certification;
manufacturers
may
optionally
test
engines
on
the
dynamometer
under
transient
operating
conditions.
For
2007
and
later
model
year
engines,
manufacturers
must
test
engines
using
both
steady­
state
and
transient
duty
cycles,
as
in
certification.
As
an
alternative,
manufacturers
may
use
the
specified
equipment
and
procedures
for
testing
engines
without
removing
them
from
the
equipment
(
referred
to
in
this
document
as
field
testing).
See
Section
V.
D.
5
for
a
more
detailed
description
of
how
to
measure
emissions
from
engines
during
normal
operation
in
the
field.
Since
engines
operating
in
the
field
cannot
be
controlled
to
operate
on
a
specific
duty
cycle,
compliance
is
demonstrated
by
comparing
the
measured
emission
levels
to
the
field­
testing
emission
standards,
which
have
higher
numerical
value
to
account
for
the
possible
effects
of
different
engine
operation.
Because
the
engine
operation
can
be
so
variable,
however,
engines
tested
to
show
compliance
only
with
the
field­
testing
emission
standards
are
not
eligible
to
participate
in
the
in­
use
averaging,
banking,
and
trading
program
(
described
below).
Clean
Air
Act
section
213
requires
engines
to
comply
with
emission
standards
throughout
their
regulatory
useful
lives,
and
section
207
requires
a
manufacturer
to
remedy
in­
use
nonconformity
when
we
determine
that
a
substantial
number
of
properly
maintained
and
used
engines
fail
to
conform
with
the
applicable
emission
standards
(
42
U.
S.
C.
7541).
Along
with
the
in­
use
testing
program,
we
would
allow
manufacturers
to
demonstrate
that
they
have
designed
their
engines
to
control
emissions
substantially
below
the
emission
standards
that
apply.
If
manufacturers
are
able
to
show
that
they
have
already
been
reducing
emissions
more
than
required
by
the
standards,
including
appropriate
consideration
for
deterioration
and
compliance
margins,
this
may
allow
us
to
conclude
that
these
accumulated
additional
emission
reductions
are
sufficient
to
offset
the
high
emissions
from
a
failing
engine
family.
In
concept,
this
approach
serves
much
like
a
banking
program
to
recognize
manufacturers'
efforts
to
go
beyond
the
minimum
required
emission
reductions.
This
approach
differs
from
the
specific
in­
use
emission­
credit
program
that
we
proposed.
This
more
general
approach
is
preferred
for
two
primary
reasons.
First,
while
we
proposed
to
limit
the
in­
use
emission­
credit
program
to
transient
testing
in
the
laboratory,
manufacturers
will
now
be
able
to
use
emission
data
generated
from
field
testing
to
characterize
an
engine
family's
average
emission
level.
This
becomes
necessarily
more
subjective,
but
allows
us
to
consider
a
wider
range
of
information
in
evaluating
the
degree
to
which
manufacturers
are
complying
with
emission
standards
across
their
product
line.
Second,
this
approach
makes
clearer
the
role
of
the
emission
credits
in
our
consideration
to
recall
failing
engines.
As
we
described
in
the
proposal,
we
plan
to
consider
average
emission
levels
from
multiple
engine
families
in
deciding
whether
to
recall
engines
from
a
failing
engine
family.
We
therefore
believe
it
is
not
appropriate
to
have
a
detailed
emission­
credit
program
defining
precisely
how
and
when
to
calculate,
generate,
and
use
credits
that
do
not
necessarily
have
value
elsewhere.
The
regulations
do
not
specify
how
manufacturers
would
generate
emission
credits
to
offset
a
nonconforming
engine
family.
This
gives
us
the
ability
to
consider
any
appropriate
test
data
in
deciding
what
action
to
take.
In
generating
this
kind
of
information,
some
general
guidelines
would
apply.
For
example,
we
would
expect
manufacturers
to
share
test
data
from
all
engines
and
all
engine
families
tested
under
the
in­
use
testing
program,
including
nonstandard
tests
that
might
be
used
to
screen
engines
for
later
measurement.
This
allows
us
to
understand
the
manufacturers'
overall
level
of
performance
in
controlling
emissions
to
meet
emission
standards.
Average
emission
levels
should
be
calculated
over
a
running
three­
year
period
to
include
a
broad
range
of
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2002
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Rules
and
Regulations
testing
without
skewing
the
results
based
on
old
designs.
Emission
values
from
engines
certified
to
different
tiers
of
emission
standards
or
tested
using
different
measurement
procedures
should
not
be
combined
to
calculate
a
single
average
emission
level.
Average
emission
levels
should
be
calculated
according
to
the
following
equation,
rounding
the
results
to
0.1
g/
kW­
hr:

Average
EL
(
STD
CL)
(
UL)
(
Sales)
Power
LF
(
UL)
(
Sales)
Power
LF
i
i
i
i
i
i
i
i
i
i
i
=
 
×
×
×
×
 
 
 
 
 
 
÷
×
×
×
 
 
 
 
 
 
 
 

Where:
Average
EL=
Average
emission
level
in
g/
kW­
hr.
Salesi=
The
number
of
eligible
sales,
tracked
to
the
point
of
first
retail
sale
in
the
U.
S.,
for
the
given
engine
family
during
the
model
year.
i(
STD­
CL)=
The
difference
between
the
emission
standard
and
the
average
emission
level
for
an
in­
use
testing
family
in
g/
kW­
hr.
ULi=
Useful
life
in
hours.
Poweri=
The
sales­
weighted
average
rated
brake
power
for
an
engine
family
in
kW.
LFi=
Load
factor
or
fraction
of
rated
engine
power
utilized
in
use;
use
0.50
for
engine
families
used
only
in
constant­
speed
applications
and
0.32
for
all
other
engine
families.
The
anticipated
crankcase
and
evaporative
emission­
control
technologies
generally
are
best
evaluated
simply
by
checking
whether
or
not
they
continue
to
function
as
designed,
rather
than
implementing
a
program
to
measure
these
emissions
from
in­
use
engines.
As
a
result,
we
may
inspect
in­
use
engines
to
verify
that
these
systems
continue
to
function
properly
throughout
the
useful
life,
but
are
not
requiring
manufacturers
to
include
crankcase
or
evaporative
measurements
as
part
of
the
in­
use
testing
program
described
in
this
section.

5.
What
Are
the
Field­
Testing
Emission
Standards
and
Test
Procedures?

To
address
concerns
for
controlling
emissions
outside
of
the
certification
duty
cycles
and
to
enable
field­
testing
of
Large
SI
engines,
we
are
adopting
procedures
and
standards
that
apply
to
a
wider
range
of
normal
engine
operation.
a.
What
is
the
field­
testing
concept?
Measuring
emissions
from
engines
in
the
field
as
they
undergo
normal
operation
while
installed
in
nonroad
equipment
addresses
two
broad
concerns.
First,
testing
of
in­
use
engines
has
shown
that
emissions
can
vary
dramatically
under
certain
modes
of
operation.
Second,
this
provides
a
low­
cost
method
of
testing
in­
use
engines,
which
facilitates
in­
use
compliance
programs.
Field­
testing
addresses
this
by
including
emission
measurements
over
the
broad
range
of
normal
engine
operation.
This
may
include
varying
engine
speeds
and
loads
according
to
real
operation
and
may
include
a
reasonable
range
of
ambient
conditions,
as
described
below.
No
engine
operating
in
the
field
can
follow
a
prescribed
duty
cycle
for
a
consistent
measure
of
emission
levels.
Similarly,
no
single
test
procedure
can
cover
all
real­
world
applications,
operations,
or
conditions.
Specifying
parameters
for
testing
engines
in
the
field
and
adopting
an
associated
emission
standard
provides
a
framework
for
requiring
that
engines
control
emissions
under
the
whole
range
of
normal
operation
in
the
relevant
nonroad
equipment.
To
ensure
that
emissions
are
controlled
from
Large
SI
engines
over
the
full
range
of
speed
and
load
combinations
seen
in
the
field,
we
are
adopting
supplemental
emission
standards
that
apply
more
broadly
than
the
duty­
cycle
standard,
as
detailed
below.
These
standards
apply
to
all
regulated
pollutants
(
NOX,
HC,
and
CO)
under
all
normal
operation
(
steady­
state
or
transient).
We
exclude
abnormal
operation
(
such
as
very
low
average
power
and
extended
idling
time),
but
do
not
restrict
operation
to
any
specific
combination
of
speeds
and
loads.
In
addition,
the
field­
testing
standards
apply
under
a
broad
range
of
in­
use
ambient
conditions,
both
to
ensure
robust
emission
controls
and
to
avoid
overly
restricting
the
times
available
for
testing.
These
provisions
are
described
in
detail
below.
b.
How
do
the
field­
testing
standards
apply?
Manufacturers
have
expressed
an
interest
in
using
field­
testing
procedures
before
the
2007
model
year
to
show
that
they
can
meet
emission
standards
as
part
of
the
in­
use
testing
program.
While
we
are
not
adopting
specific
fieldtesting
standards
for
2004
through
2006
model
year
engines,
we
will
allow
this
as
an
option.
In
this
case,
manufacturers
would
conduct
the
field
testing
as
described
here
to
show
that
their
engines
meet
the
5.4
g/
kW­
hr
HC+
NOX
standard
and
the
50
g/
kW­
hr
CO
standard.
This
may
give
manufacturers
the
opportunity
to
do
testing
at
significantly
lower
cost
compared
with
laboratory
testing.
Preliminary
certification
data
from
California
ARB
show
that
manufacturers
are
reaching
steady­
state
emission
levels
well
below
emission
standards,
so
we
expect
any
additional
variability
in
field­
testing
measurements
not
to
affect
manufacturers'
ability
to
meet
the
same
emission
standards.
The
2007
field­
testing
standards
are
based
on
emission
data
measured
on
engines
with
the
same
emission­
control
technology
used
to
establish
the
dutycycle
standards.
As
described
above
for
the
duty­
cycle
standards,
we
are
adopting
a
flexible
approach
to
address
the
tradeoff
between
HC+
NOX
and
CO
emissions.
Table
V.
D
 
1
shows
the
range
of
values
that
define
the
standard
for
showing
compliance
for
field­
testing
measurements.
The
higher
numerical
values
of
the
Tier
2
standards
for
field
testing
(
compared
with
duty­
cycle
testing)
reflect
the
observed
variation
in
emissions
for
varying
engine
operation,
and
the
projected
effects
of
ambient
conditions
on
the
projected
technology.
Conceptually,
we
believe
that
fieldtesting
standards
should
primarily
require
manufacturers
to
adjust
engine
calibrations
to
effectively
manage
airfuel
ratios
under
varying
conditions.
The
estimated
cost
of
complying
with
emission
standards
includes
an
allowance
for
the
time
and
resources
needed
for
this
recalibration
effort
(
see
Section
IX.
B.
for
total
estimated
costs
per
engine).

TABLE
V.
D
 
1.
 
SAMPLES
OF
POSSIBLE
ALTERNATIVE
FIELD­
TESTING
EMISSION
STANDARDS
FOR
LARGE
SI
ENGINES(
G/
KW­
HR)
*

HC+
NOX
CO
3.8
...............................................
6.5
3.1
...............................................
8.5
2.4
...............................................
11.7
1.8
...............................................
16.8
1.4
...............................................
23.1
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Regulations
TABLE
V.
D
 
1.
 
SAMPLES
OF
POSSIBLE
ALTERNATIVE
FIELD­
TESTING
EMISSION
STANDARDS
FOR
LARGE
SI
ENGINES(
G/
KW­
HR)
*
 
Continued
HC+
NOX
CO
1.1
...............................................
31
*
As
described
in
the
Final
Regulatory
Support
Document
and
the
regulations,
the
values
in
the
table
are
related
by
the
following
formula
(
HC+
NOX)
×
CO0.791
=
16.78.
These
values
follow
directly
from
the
logarithmic
relationship
presented
with
the
proposal
in
the
Draft
Regulatory
Impact
Analysis.

We
generally
require
manufacturers
to
show
at
certification
that
they
are
capable
of
meeting
all
standards
that
apply
for
the
useful
life.
This
adds
a
measure
of
assurance
to
both
EPA
and
manufacturers
that
the
engine
design
is
sufficient
for
any
in­
use
engines
to
pass
any
later
testing.
For
Large
SI
engines,
manufacturers
must
show
in
their
application
for
certification
that
they
are
able
to
meet
the
field­
testing
standards.
Manufacturers
must
submit
a
statement
that
their
engines
will
comply
with
field­
testing
emission
standards
under
all
conditions
that
may
reasonably
be
expected
to
occur
in
normal
vehicle
operation
and
use.
Manufacturer
will
provide
a
detailed
description
of
any
testing,
engineering
analysis,
and
other
information
that
forms
the
basis
for
the
statement.
This
will
likely
include
a
variety
of
steady­
state
emission
measurements
not
included
in
the
prescribed
duty
cycle.
It
may
also
include
a
continuous
trace
showing
how
emissions
vary
during
the
transient
test
or
it
may
include
emission
measurements
during
other
segments
of
operation
manufacturers
believe
are
representative
of
the
way
their
engines
normally
operate
in
the
field.
Two
additional
provisions
are
necessary
to
allow
emission
testing
without
removing
engines
from
equipment
in
the
field.
Manufacturers
must
design
their
engines
to
broadcast
instantaneous
speed
and
torque
values
to
the
onboard
computer
and
ensure
that
emission
sampling
is
possible
after
engine
installation.
The
test
equipment
and
procedures
for
showing
compliance
with
fieldtesting
standards
also
hold
promise
to
reduce
the
cost
of
production­
line
testing.
Companies
with
production
facilities
that
have
a
dynamometer
but
no
emission
measurement
capability
may
use
the
field­
testing
equipment
and
procedures
to
get
a
low­
cost,
valid
emission
measurement
at
the
production
line.
Manufacturers
may
also
choose
to
use
the
cost
advantage
of
the
simpler
measurement
to
sample
a
greater
number
of
production­
line
engines.
This
would
provide
greater
assurance
of
consistent
emissions
performance,
but
would
also
provide
valuable
quality­
control
data
for
overall
engine
performance.
See
the
discussion
of
alternate
approaches
to
productionline
testing
in
Section
II.
C.
4
for
more
information.
c.
What
limits
are
placed
on
field
testing?
The
field­
testing
standards
apply
to
all
normal
operation.
This
may
include
steady­
state
or
transient
engine
operation.
Given
a
set
of
field­
testing
standards,
the
goal
for
the
design
engineer
is
to
ensure
that
engines
are
properly
calibrated
for
controlling
emissions
under
any
reasonably
expected
mode
of
engine
operation.
Engines
may
not
be
able
to
meet
the
emissions
limit
under
all
conditions,
however,
so
we
are
adopting
several
parameters
to
narrow
the
range
of
engine
operation
that
is
subject
to
the
field­
testing
standards.
For
example,
emission
sampling
for
field
testing
does
not
include
engine
starting.
Engines
can
often
operate
at
extreme
environmental
and
geographic
conditions
(
temperature,
altitude,
etc.).
To
narrow
the
range
of
conditions
for
the
design
engineer,
we
are
limiting
emission
measurements
during
field
testing
to
ambient
temperatures
from
13
°
to
35
°
C
(
55
°
to
95
°
F),
and
to
ambient
pressures
from
600
to
775
millimeters
of
mercury
(
which
should
cover
almost
all
normal
pressures
from
sea
level
to
7,000
feet
above
sea
level).
This
allows
testing
under
a
wider
range
of
conditions
in
addition
to
helping
ensure
that
engines
are
able
to
control
emissions
under
the
whole
range
of
conditions
under
which
they
operate.
Some
additional
limits
to
define
``
normal''
operation
apply
to
field
testing.
These
restrictions
are
intended
to
provide
manufacturers
with
some
certainty
about
what
their
design
targets
are
and
to
ensure
that
compliance
with
the
field­
testing
standards
is
feasible.
These
restrictions
apply
to
both
variable­
speed
and
constant­
speed
engine
applications.
First,
measurements
with
more
than
2
minutes
of
continuous
idle
are
excluded.
This
means
that
an
emission
measurement
from
a
forklift
while
it
idled
for
5
minutes
will
not
be
considered
valid.
On
the
other
hand,
an
emission
measurement
from
a
forklift
that
idled
for
multiple
1­
minute
periods
and
otherwise
operated
at
40­
percent
power
for
several
minutes
would
be
considered
a
valid
measurement.
Measurements
with
in­
use
equipment
in
their
normal
service
show
that
idle
periods
for
Large
SI
engines
are
short,
but
relatively
frequent.
We
therefore
do
not
automatically
exclude
an
emission
sample
if
it
includes
an
idling
portion.
At
the
same
time,
controlling
emissions
during
extended
idling
poses
a
difficult
design
challenge,
especially
at
low
ambient
temperatures.
Exhaust
and
catalyst
temperatures
under
these
conditions
can
decrease
enough
that
catalyst
conversion
is
significantly
less
effective.
Since
extended
idling
is
not
an
appropriate
focus
of
extensive
development
efforts
at
this
stage,
we
believe
the
2­
minute
threshold
for
continuous
idle
appropriately
balances
the
need
to
include
measurement
during
short
idling
periods
with
the
technical
challenges
of
controlling
emissions
under
difficult
conditions.
Second,
measured
power
during
the
sampling
period
must
be
above
5
percent
of
maximum
power
for
an
emission
measurement
to
be
considered
valid.
Brake­
specific
emissions
(
g/
kWhr
can
be
very
high
at
low
power
because
they
are
calculated
by
dividing
the
g/
hr
emission
rate
by
a
very
small
power
level
(
kW).
By
ensuring
that
brake­
specific
emissions
are
not
calculated
by
dividing
by
power
levels
less
than
5
percent
of
the
maximum,
we
can
avoid
this
problem.
The
data
presented
in
Chapter
4
of
the
Final
Regulator
Support
Document
show
that
engines
can
meet
the
emission
standards
when
operating
above
5
percent
of
rated
power.
Third,
some
engines
need
to
run
rich
of
stoichiometric
combustion
during
extended
high­
load
operation
to
protect
against
engine
failure.
This
increases
HC
and
CO
emissions.
We
are
adopting
provisions
allowing
manufacturers
to
meet
separate
standards
for
these
engines
for
steady­
state
operation.
For
engines
qualifying
for
these
different
steady­
state
standards,
we
specify
that
a
valid
sample
for
field
testing
must
include
less
than
10
percent
of
operation
at
90
percent
or
more
of
maximum
power.
We
expect
it
to
be
uncommon
for
engine
installations
to
call
for
such
high
power
demand
due
to
the
shortened
engine
lifetime
at
very
high­
load
operation.
A
larger
engine
can
generally
produce
the
desired
power
at
a
lower
relative
load,
without
compromising
engine
lifetime.
Alternatively,
applications
that
call
for
full­
load
operation
typically
use
diesel
engines.
Manufacturers
may
request
a
different
threshold
to
allow
more
openloop
operation.
Before
we
approve
such
a
request,
the
engine
manufacturer
would
need
to
have
a
plan
for
ensuring
that
the
engines
in
their
final
installation
do
not
routinely
operate
at
loads
above
the
specified
threshold.
An
additional
parameter
to
consider
is
the
minimum
sampling
time
for
field
testing.
A
longer
period
allows
for
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Regulations
greater
accuracy,
due
mainly
to
the
smoothing
effect
of
measuring
over
several
transient
events.
On
the
other
hand,
an
overly
long
sampling
period
can
mask
areas
of
engine
operation
with
poor
emission­
control
characteristics.
To
balance
these
concerns,
we
are
applying
a
minimum
sampling
period
of
2
minutes.
In
other
rules
for
diesel
engines,
we
have
allowed
sampling
periods
as
short
as
30
seconds.
Sparkignition
engines
generally
don't
have
turbochargers
and
they
control
emissions
by
maintaining
air­
fuel
ratio
with
closed­
loop
controls
through
changing
engine
operation.
Sparkignition
engines
are
therefore
much
less
prone
to
consistent
emission
spikes
from
off­
cycle
or
unusual
engine
operation.
We
believe
the
2­
minute
sampling
time
requirement
will
ensure
sufficient
measurement
accuracy
and
will
allow
for
more
meaningful
measurements
from
engines
that
may
be
operated
with
very
frequent
but
brief
times
at
idle.
We
do
not
specify
a
maximum
sampling
time.
We
expect
manufacturers
testing
in­
use
engines
to
select
an
approximate
sampling
time
before
measuring
emissions;
however,
the
standards
apply
for
any
sampling
time
that
meets
the
minimum.
When
selecting
an
engine
family
for
the
in­
use
testing
program,
we
will
develop
a
plan
with
direction
related
to
the
way
manufacturers
conduct
the
emissionsampling
effort,
such
as
sampling
time
or
specific
types
of
engine
operation,
to
ensure
that
testing
provides
relevant
data.
d.
How
do
I
test
engines
in
the
field?
To
test
engines
without
removing
them
from
equipment,
analyzers
are
connected
to
the
engine's
exhaust
to
detect
emission
concentrations
during
normal
operation.
Exhaust
volumetric
flow
rate
and
continuous
power
output
are
also
needed
to
convert
the
analyzer
responses
to
units
of
g/
kW­
hr
for
comparing
to
emission
standards.
These
values
can
be
calculated
from
measurements
of
the
engine
intake
flow
rate,
the
exhaust
air­
fuel
ratio
and
the
engine
speed,
and
from
torque
information.
Available
small
analyzers
and
other
equipment
may
be
adapted
for
measuring
emissions
from
field
equipment.
A
portable
flame
ionization
detector
can
measure
total
hydrocarbon
concentrations.
Methane
measurement
currently
requires
more
expensive
laboratory
equipment
that
is
impractical
for
field
measurements.
Field­
testing
standards
are
therefore
be
based
on
total
hydrocarbon
emissions.
A
portable
analyzer
based
on
zirconia
technology
measures
NOX
emissions.
A
nondispersive
infrared
(
NDIR)
unit
can
measure
CO.
Emission
samples
can
best
be
drawn
from
the
exhaust
flow
directly
downstream
of
the
catalyst
material
to
avoid
diluting
effects
from
the
end
of
the
tailpipe.
Installing
a
sufficiently
long
tailpipe
extension
is
also
an
acceptable
way
to
avoid
dilution.
Mass
flow
rates
also
factor
into
the
torque
calculation;
this
may
either
be
measured
in
the
intake
manifold
or
downstream
of
the
catalyst.
Calculating
brake­
specific
emissions
depends
on
determining
instantaneous
engine
speed
and
torque
levels.
Manufacturers
must
therefore
design
their
engines
to
continuously
monitor
engine
speed
and
torque.
The
tolerance
for
speed
measurements,
which
is
relatively
straightforward,
is
±
5
percent.
For
torque,
the
onboard
computer
needs
to
convert
measured
engine
parameters
into
useful
units.
Manufacturers
generally
will
need
to
monitor
a
surrogate
value
such
as
intake
manifold
pressure
or
throttle
position
(
or
both),
then
rely
on
a
look­
up
table
programmed
into
the
onboard
computer
to
convert
these
torque
indicators
into
newton­
meters.
Manufacturers
may
also
want
to
program
the
look­
up
tables
for
torque
conversion
into
a
remote
scan
tool.
Because
of
the
greater
uncertainty
in
these
measurements
and
calculations,
manufacturers
must
produce
their
systems
to
report
torque
values
that
are
within
85
and
105
percent
of
the
true
value.
This
broader
range
allows
appropriately
for
the
uncertainty
in
the
measurement,
while
providing
an
incentive
for
manufacturers
to
make
the
torque
reading
as
accurate
as
possible.
Under­
reporting
torque
values
would
over­
predict
emissions.
These
tolerances
are
taken
into
account
in
the
selection
of
the
field­
testing
standards,
as
described
in
Chapter
4
of
the
Final
Regulatory
Support
Document.

E.
Special
Compliance
Provisions
We
are
adopting
hardship
provisions
to
address
the
particular
concerns
of
small­
volume
manufacturers,
which
generally
have
limited
capital
and
engineering
resources.
These
hardship
provisions
are
generally
described
in
Section
VII.
C.
For
Large
SI
engines,
we
are
adopting
a
longer
available
extension
of
the
deadline,
up
to
four
years,
for
meeting
emission
standards
for
companies
that
qualify
for
special
treatment
under
the
hardship
provisions.
We
will,
however,
not
extend
the
deadline
for
compliance
beyond
the
four­
year
period.
This
approach
considers
the
fact
that,
unlike
most
other
engine
categories,
qualifying
small
businesses
are
more
likely
to
be
manufacturers
designing
their
own
products.
Other
types
of
engines
more
often
involve
importers,
which
are
limited
more
by
available
engine
suppliers
than
design
or
development
schedules.
We
are
not
finalizing
the
proposed
interim
emission
standards
proposed
for
small­
volume
manufacturers.
We
believe
we
can
accomplish
the
same
objectives
with
more
flexibility,
and
potentially
with
greater
net
emission
reductions,
by
relying
on
the
hardship
provisions.
In
addition,
we
are
waiving
the
requirement
for
small­
volume
manufacturers
to
broadcast
engine
speed
and
torque
values.
These
companies
may
choose
to
do
this
to
enable
field­
testing
of
their
products,
but
may
be
constrained
in
developing
this
capability
to
the
extent
that
they
rely
on
component
suppliers
to
provide
systems
that
meet
EPA
requirements.

F.
Technological
Feasibility
of
the
Standards
We
are
adopting
emission
standards
that
depend
on
the
industrial
versions
of
established
automotive
technologies.
The
most
recent
advances
in
automotive
technology
have
made
possible
even
more
dramatic
emission
reductions.
However,
we
believe
that
transferring
some
of
these
most
advanced
technologies
is
not
appropriate
for
nonroad
engines
at
this
time,
especially
considering
the
much
smaller
sales
volumes
for
amortizing
fixed
costs
and
the
additional
costs
associated
with
the
first­
time
regulation
of
these
engines.
To
comply
with
the
2004
model
year
standards,
manufacturers
should
not
need
to
do
any
development,
testing,
or
certification
work
that
is
not
already
necessary
to
meet
California
ARB
standards
in
2004.
As
shown
in
Chapter
4
of
the
Final
Regulatory
Support
Document,
manufacturers
can
meet
these
standards
with
three­
way
catalysts
and
closed­
loop
fuel
systems.
These
technologies
have
been
available
for
industrial
engine
applications
for
several
years.
Moreover,
several
manufacturers
have
already
completed
the
testing
effort
to
certify
with
California
ARB
that
their
engines
meet
these
standards.
Complying
with
emission
standards
nationwide
in
2004
will
therefore
generally
require
manufacturers
only
to
produce
greater
numbers
of
the
engines
complying
with
the
California
standards.
Chapter
4
of
the
Final
Regulatory
Support
Document
further
describes
data
and
rationale
showing
why
we
believe
that
the
2007
model
year
emission
standards
under
the
steadystate
and
transient
duty­
cycles
and
field­
testing
procedures
are
feasible.
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summary,
testing
from
Southwest
Research
Institute
and
other
data
show
that
the
same
catalyst
and
fuel­
system
technologies
needed
to
meet
the
2004
standards
can
be
optimized
to
meet
more
stringent
emission
standards.
Applying
further
development
allows
the
design
engineer
to
fine­
tune
control
of
air­
fuel
ratios
and
address
any
highemission
modes
of
operation
to
produce
engines
that
consistently
control
emissions
to
very
low
levels,
even
considering
the
wide
range
of
operation
experienced
by
these
engines.
The
numerical
emission
standards
are
based
on
measured
emission
levels
from
engines
that
have
operated
for
at
least
5,000
hours
with
a
functioning
emission­
control
system.
These
engines
demonstrate
the
achievable
level
of
control
from
catalyst­
based
systems
and
provide
a
significant
degree
of
basic
development
that
should
help
manufacturers
in
optimizing
their
own
engines.
We
believe
it
is
appropriate
to
initiate
the
second
stage
of
standards
in
2007,
because
we
believe
that
applying
these
emission
standards
earlier
does
not
allow
manufacturers
enough
stability
between
introduction
of
different
phases
of
emission
standards
to
prepare
for
complying
with
the
full
set
of
requirements
in
this
final
rule
and
to
amortize
their
fixed
costs.
Three
years
of
stable
emission
standards,
plus
the
remaining
lead
time
before
2004,
allows
manufacturers
enough
time
to
go
through
the
development
and
certification
effort
to
comply
with
the
new
standards
including
new
test
cycle
requirements.
The
provisions
to
allow
``
family
banking''
for
early
compliance
provide
an
additional
tool
for
companies
that
choose
to
spread
out
their
design
and
certification
efforts.
The
new
emission
standards
will
either
have
no
impact
or
a
positive
impact
with
respect
to
noise,
energy,
and
safety,
as
described
in
Chapter
4
of
the
Final
Regulatory
Support
Document.
In
particular,
the
anticipated
fuel
savings
associated
with
the
expected
emission­
control
technologies
will
provide
a
very
big
energy
benefit
related
to
new
emission
standards.
The
projected
technologies
are
currently
available
and
are
consistent
with
those
anticipated
for
complying
with
the
emission
standards
adopted
by
California
ARB.
The
lead
time
for
the
near­
term
and
long­
term
emission
standards
allows
manufacturers
enough
time
to
optimize
these
designs
to
most
effectively
reduce
emissions
from
the
wide
range
of
Large
SI
equipment
applications.
VI.
Recreational
Marine
Diesel
Engines
This
section
describes
the
new
provisions
for
40
CFR
part
94,
which
apply
to
engine
manufacturers
and
importers.
We
are
applying
the
same
general
compliance
provisions
from
40
CFR
part
94
for
engine
manufacturers,
equipment
manufacturers,
operators,
rebuilders,
and
others.
See
Section
II
for
a
description
of
our
general
approach
to
regulating
nonroad
engines
and
how
manufacturers
show
that
they
meet
emission
standards.

A.
Overview
We
are
adopting
exhaust
and
crankcase
emission
standards
for
recreational
marine
diesel
engines
with
power
ratings
greater
than
or
equal
to
37
kW.
We
are
adopting
emission
standards
for
HC,
NOX,
CO,
and
PM
beginning
in
2006.
We
believe
manufacturers
will
be
able
to
use
technology
developed
for
land­
based
nonroad
and
commercial
marine
diesel
engines.
To
encourage
the
introduction
of
low­
emission
technology,
we
are
also
adopting
voluntary
``
Blue
Sky''
standards
which
are
40
percent
lower
than
the
mandatory
standards.
We
also
recognize
that
there
are
many
small
businesses
that
manufacture
recreational
marine
diesel
engines.
We
are
therefore
including
several
regulatory
options
for
small
businesses
that
will
help
minimize
any
unique
burdens
caused
by
emission
regulations.
Diesel
engines
are
primarily
available
in
inboard
marine
configurations,
but
may
also
be
available
in
sterndrive
and
outboard
marine
configurations.
Inboard
diesel
engines
are
the
primary
choice
for
many
larger
recreational
boats.

B.
Engines
Covered
by
This
Rule
The
standards
in
this
section
apply
to
recreational
marine
diesel
engines.
We
excluded
these
engines
from
the
requirements
applying
to
commercial
marine
diesel
engines
because
at
the
time
we
thought
their
operation
in
planing
mode
might
impose
design
requirements
on
recreational
boat
builders
and
to
allow
us
more
time
for
further
evaluation
prior
to
setting
standards
(
64
FR
73300,
December
29,
1999).
Commercial
marine
vessels
tend
to
be
displacement­
hull
vessels,
designed
and
built
for
a
unique
commercial
application
(
such
as
towing,
fishing,
or
general
cargo).
Power
ratings
for
engines
used
on
these
vessels
are
analogous
to
land­
based
applications,
and
these
engines
generally
have
warranties
for
2,000
to
5,000
hours
of
use.
Recreational
vessels,
on
the
other
hand,
tend
to
be
planing
vessels.
Engines
used
on
these
vessels
are
designed
to
achieve
higher
power
output
with
less
engine
weight.
This
increase
in
power
reduces
the
lifetime
of
the
engine,
so
recreational
marine
engines
have
shorter
warranties
than
their
commercial
counterparts.
In
our
previous
rulemaking,
recreational
engine
industry
representatives
raised
concerns
about
the
ability
of
these
engines
to
meet
the
commercial
standards
without
substantial
changes
in
the
size
and
weight
of
the
engine.
Such
changes
may
have
an
impact
on
vessel
builders,
who
might
have
to
redesign
vessel
hulls
to
accommodate
the
new
engines.
Because
most
recreational
vessel
hulls
are
made
with
fiberglass
molds,
this
may
be
a
significant
burden
for
recreational
vessel
builders.
Our
further
evaluation
of
these
issues
leads
us
to
conclude
that
recreational
marine
diesel
engines
can
achieve
those
same
emission
standards
without
significant
impacts
on
engine
size
and
weight,
and
therefore
without
significant
impacts
on
vessel
design.
Section
VI.
G
of
this
document,
Chapters
3
and
4
of
the
Final
Regulatory
Support
Document,
and
Section
II.
A
of
the
Summary
and
Analysis
of
Comments
describe
the
several
technological
changes
we
anticipate
manufacturers
will
use
to
comply
with
the
new
emission
standards.
None
of
these
technologies
has
an
inherent
negative
effect
on
the
performance
or
power
density
of
an
engine.
As
with
engines
in
land­
based
applications,
we
expect
that
manufacturers
will
be
able
to
use
the
range
of
technologies
available
to
maintain
or
even
improve
the
performance
capabilities
of
their
engines.
We
are
establishing
a
separate
regulatory
program
for
recreational
marine
diesel
engines
in
this
rule,
with
most
aspects
the
same
as
for
commercial
marine
diesel
engines
but
with
certain
aspects
of
the
program
tailored
to
these
applications,
notably
the
not­
to­
exceed
emissions
requirements.
To
distinguish
between
commercial
and
recreational
marine
diesel
engines
for
the
purpose
of
emission
controls,
it
is
necessary
to
define
``
recreational
marine
diesel
engine.''
The
commercial
marine
diesel
engine
rule
defined
recreational
marine
engine
as
a
propulsion
marine
engine
that
is
intended
by
the
manufacturer
to
be
installed
on
a
recreational
vessel.
The
engine
must
be
labeled
to
distinguish
it
from
a
commercial
marine
diesel
engine.
The
label
must
read:
``
THIS
ENGINE
IS
CATEGORIZED
AS
A
RECREATIONAL
ENGINE
UNDER
40
CFR
PART
94.
INSTALLATION
OF
THIS
ENGINE
IN
ANY
NONRECREATIONAL
VESSEL
IS
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VIOLATION
OF
FEDERAL
LAW
SUBJECT
TO
PENALTY.''
We
are
revising
this
definition
to
include
a
requirement
that
a
recreational
marine
engine
must
be
a
Category
1
marine
engine
(
have
a
displacement
of
less
than
5
liters
per
cylinder).
Category
2
marine
engines
are
generally
designed
with
characteristics
similar
to
commercial
marine
engines.
Vessels
using
engines
of
this
size
generally
require
engines
that
can
operate
longer
at
higher
power
than
typical
recreational
boats;
therefore,
these
engines
generally
have
a
lower
power
density
and
are
not
offered
in
a
``
recreational''
rating.
For
the
purpose
of
the
recreational
marine
diesel
engine
definition
included
in
the
proposal,
recreational
vessel
was
defined
as
``
a
vessel
that
is
intended
by
the
vessel
manufacturer
to
be
operated
primarily
for
pleasure
or
leased,
rented,
or
chartered
to
another
for
the
latter's
pleasure.''
Because
certain
vessels
that
are
used
for
pleasure
may
have
operating
characteristics
that
are
more
similar
to
commercial
marine
vessels
(
such
as
excursion
vessels
and
charter
craft),
we
drew
on
the
Coast
Guard's
definition
of
a
``
small
passenger
vessel''
(
46
U.
S.
C.
2101
(
35))
to
further
delineate
what
would
be
considered
to
be
a
recreational
vessel.
Specifically,
the
term
``
operated
primarily
for
pleasure
or
leased,
rented
or
chartered
to
another
for
the
latter's
pleasure''
does
not
include
the
following
vessels:
(
1)
Vessels
of
less
than
100
gross
tons
that
carry
more
than
6
passengers;
(
2)
vessels
of
100
gross
tons
or
more
that
carry
one
or
more
passengers;
or
(
3)
vessels
used
solely
for
competition.
For
the
purposes
of
this
definition,
a
passenger
is
defined
by
46
U.
S.
C
2101
(
21,
21a)
which
generally
means
an
individual
who
pays
to
be
on
the
vessel.
We
received
several
comments
in
this
rulemaking
on
these
definitions.
Engine
manufacturers
were
concerned
that
the
definitions
may
be
unworkable
for
engine
manufacturers,
because
they
cannot
know
whether
a
particular
recreational
vessel
might
carry
more
than
six
passengers
at
a
time.
All
they
can
know
is
whether
the
engine
they
manufacture
is
intended
by
them
for
installation
on
a
vessel
designed
for
pleasure
and
having
the
corresponding
characteristics
for
planing,
power
density,
and
performance
requirements.
We
are
not
revising
our
existing
definition
of
recreational
marine
vessel.
As
discussed
in
the
Summary
and
Analysis
of
Comments,
a
vessel
will
be
considered
recreational
if
the
boat
builder
intends
that
the
customer
will
operate
it
consistent
with
the
recreational­
vessel
definition.
Relying
on
the
boat
builder's
intent
is
necessary
because
manufacturers
need
to
establish
a
vessel's
classification
before
it
is
sold,
whereas
the
Coast
Guard
definitions
apply
at
the
time
of
use.
The
definition
therefore
relies
on
the
intent
of
the
boat
builder
to
establish
that
the
vessel
will
be
used
consistent
with
the
above
criteria.
If
a
boat
builder
manufactures
a
vessel
for
a
customer
who
intends
to
use
the
vessel
for
recreational
purposes,
we
would
always
consider
that
a
recreational
vessel,
regardless
of
how
the
owner
(
or
a
subsequent
owner)
actually
uses
it.
The
engine
manufacturer
will
not
be
expected
to
ensure
that
their
engines
are
used
only
in
recreational
craft;
however,
they
would
be
required
to
label
their
recreational
engines
as
described
above.
The
vessel
builders
will
then
be
required
to
install
properly
certified
recreational
(
or
commercial)
marine
engines
in
recreational
vessels
and
certified
commercial
marine
engines
in
commercial
vessels.

C.
Emission
Standards
for
Recreational
Marine
Diesel
Engines
This
section
describes
the
new
emission
standards
and
implementation
dates,
with
an
outline
of
the
technology
that
can
be
used
to
achieve
these
levels.
The
technological
feasibility
discussion
below
(
Section
VI.
G)
describes
our
technical
rationale
in
more
detail.

1.
What
Are
the
Emission
Standards
and
Compliance
Dates?

The
emission
standards
for
recreational
marine
diesel
engines
are
the
same
as
the
Tier
2
standards
for
commercial
marine
diesel
engines
with
two
years
additional
lead
time.
We
are
setting
the
standards
at
the
same
level
because
recreational
marine
diesel
engines
can
use
all
the
technologies
projected
for
Tier
2
and
these
technologies
are
expected
to
lead
to
compliance.
As
with
commercial
marine
engines
this
technology
will
be
available
in
the
lead
time
provided
to
allow
compliance
with
the
emission
standards.
Many
of
these
engines
already
use
this
technology.
This
includes
electronic
fuel
management,
turbocharging,
and
separate­
circuit
aftercooling.
In
fact,
because
recreational
engines
have
much
shorter
design
lives
than
commercial
engines,
it
is
easier
to
apply
raw­
water
aftercooling
to
these
engines,
which
allows
manufacturers
to
enhance
performance
while
reducing
NOX
emissions.
Engine
manufacturers
will
generally
increase
the
fueling
rate
in
recreational
engines,
compared
to
commercial
engines,
to
gain
power
from
a
given
engine
size.
This
helps
bring
a
planing
vessel
onto
the
water
surface
and
increases
the
maximum
vessel
speed
without
increasing
the
weight
of
the
vessel.
This
difference
in
how
recreational
engines
are
designed
and
used
affects
emissions.
However,
the
technology
listed
above
can
be
used
to
meet
the
emission
standards
while
still
meeting
the
performance
requirements
of
a
recreational
engine.
We
are
adopting
the
commercial
marine
engine
standards
for
recreational
marine
diesel
engines,
allowing
two
years
beyond
the
dates
that
standards
apply
for
the
commercial
engines.
This
gives
engine
manufacturers
additional
lead
time
in
adapting
technology
to
their
recreational
marine
diesel
engines.
For
manufacturers
producing
only
recreational
marine
engines
the
implementation
dates
provide
three
to
six
years
of
lead
time
beyond
this
notice.
Based
on
our
evaluation
of
the
industry,
we
believe
that
manufacturers
who
produce
only
recreational
marine
engines
would
likely
be
small
businesses
and
would
have
the
option
of
additional
lead
time,
and
other
flexibility,
as
discussed
in
Section
VI.
E.
The
emission
standards
and
implementation
dates
for
recreational
marine
diesel
engines
are
presented
in
Table
VI.
C
 
1.
The
subcategories
refer
to
engine
displacement
in
liters
per
cylinder.

TABLE
VI.
C
 
1.
 
RECREATIONAL
MARINE
DIESEL
EMISSION
STANDARDS
AND
IMPLEMENTATION
DATES
Subcategory
HC+
NOX
g/
kW­
hr
PM
g/
kW­
hr
CO
g/
kW­
hr
Implementation
date
power
 
37
kW
disp
<
0.9
...............................................................................
7.5
0.40
5.0
2007
0.9
 
disp
<
1.2
................................................................................................
7.2
0.30
5.0
2006
1.2
 
disp
<
2.5
................................................................................................
7.2
0.20
5.0
2006
disp
 
2.5
.........................................................................................................
7.2
0.20
5.0
2009
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/
Rules
and
Regulations
Manufacturers
commented
that
engines
with
less
than
2.5
liters
per
cylinder,
but
more
than
560
kW
would
have
no
lead
time
beyond
the
landbased
nonroad
diesel
engine
standards
and
that
some
commercial
marine
engines
in
this
category
would
actually
have
to
certify
two
years
before
nonroad
engines.
In
this
case
this
is
caused
by
the
way
we
define
subclasses,
but
has
technology
and
cost
implications
for
the
engines
involved.
To
address
this,
we
are
providing
an
optional
implementation
date
of
2008
for
certain
commercial
and
recreational
marine
engines
(
see
the
Summary
and
Analysis
of
Comments
for
more
detail).
To
be
eligible
for
this
option,
the
engine
must
be
derived
from
a
land­
based
nonroad
engine
with
a
rated
power
greater
than
560
kW
and
have
a
displacement
of
2.0
to
2.5
liters
per
cylinder.
To
use
this
option,
we
are
requiring
that
engines
certified
under
this
option
meet
an
HC+
NOX
standard
of
6.4
g/
kW­
hr
through
model
year
2012.
We
believe
this
emission
level,
which
matches
the
Tier
2
level
for
land­
based
nonroad
engines,
should
be
achievable
given
the
extra
lead
time
for
development.
Testing
would
still
be
performed
on
the
appropriate
marine
duty
cycles.
Based
on
our
analysis
in
the
Final
Regulatory
Impact
Analysis
for
commercial
marine
engines,
HC+
NOX
emissions
measured
over
the
marine
duty
cycles
should
be
similar
to
those
measured
over
the
landbased
nonroad
duty
cycle.
We
are
also
adopting
not­
to­
exceed
emission
standards
and
related
requirements
similar
to
those
finalized
for
commercial
marine
diesel
engines.
This
is
discussed
below
in
Section
VI.
C.
8.

2.
Will
I
Be
Able
To
Average,
Bank,
or
Trade
Emissions
Credits?
Manufacturers
may
use
emission
credits
from
recreational
marine
diesel
engines
to
show
that
they
meet
emission
standards.
Section
II.
C.
3
gives
an
overview
of
the
emission­
credit
program,
which
is
consistent
with
what
we
have
adopted
for
Category
1
commercial
marine
diesel
engines.
The
emission­
credit
program
covers
HC+
NOX
and
PM
emissions,
but
not
CO
emissions.
Consistent
with
our
land­
based
nonroad
and
commercial
marine
diesel
engine
regulations,
manufacturers
may
not
simultaneously
generate
HC+
NOX
credits
while
using
PM
credits
on
the
same
engine
family,
and
vice
versa.
This
is
necessary
because
of
the
inherent
trade­
off
between
NOX
and
PM
emissions
in
diesel
engines.
We
are
adopting
the
same
maximum
value
of
the
Family
Emission
Limit
(
FEL)
as
for
commercial
marine
diesel
engines.
For
engines
with
a
displacement
of
less
than
1.2
liters/
cylinder,
the
maximum
values
are
11.5
g/
kW­
hr
HC+
NOX
and
1.2
g/
kW­
hr
PM;
for
larger
engines,
the
maximum
values
are
10.5
g/
kW­
hr
HC+
NOX
and
0.54
g/
kW­
hr
PM.
These
maximum
FEL
values
were
based
on
the
comparable
landbased
emission­
credit
program
and
will
ensure
that
the
emissions
from
any
given
family
certified
under
this
program
not
be
significantly
higher
than
the
applicable
emission
standards.
We
believe
these
maximum
values
will
prevent
backsliding
of
emissions
above
the
baseline
levels
for
any
given
engine
model.
Also,
we
are
concerned
that
the
higher
emitting
engines
may
cause
increased
emissions
in
areas
such
as
ports
that
may
have
a
need
for
PM
or
NOX
emission
reductions.
Nonetheless,
it
is
acknowledged
that
recreational
marine
diesel
engines
constitute
a
small
fraction
of
PM
and
HC
+
NOX
emissions
in
nonattainment
areas.
Emission
credits
generated
under
this
program
have
no
expiration,
with
no
discounting
applied.
This
is
consistent
with
the
commercial
marine
credit
program
and
gives
manufacturers
more
options
in
implementing
their
engine
designs.
However,
if
we
revisit
these
standards
later,
we
will
have
to
reevaluate
this
issue
in
the
context
of
whether
future
advances
in
technology
would
result
in
a
large
amount
of
accumulated
credits
that
would
adversely
impact
the
timely
implementation
of
any
new
requirements.
Consistent
with
the
land­
based
nonroad
diesel
rule,
we
will
also
not
allow
manufacturers
to
use
credits
generated
on
land­
based
engines
for
demonstrating
compliance
with
marine
diesel
engines.
In
addition,
credits
may
not
be
exchanged
between
recreational
and
commercial
marine
engines.
The
emission
standards
for
recreational
engines
are
based
on
the
baseline
levels
of
current
recreational
marine
engines
and
the
capability
of
technology
to
reduce
emissions
from
recreational
marine
engines.
The
standard
is,
therefore,
premised
on
the
capability
and
use
of
recreational
marine
technology
and
not
on
the
capability
and
use
of
technology
on
other
engines.
Emissions
from
land­
based,
commercial,
and
recreational
marine
engines
are
measured
over
different
duty
cycles
and
have
different
useful
lives.
Correction
factors
would
be
difficult
to
generate
and
they
would
add
complexity
and
uncertainty
to
the
value
of
the
credits.
Furthermore,
we
are
concerned
that
allowing
cross
program
trading
could
create
an
inequity
between
manufacturers
with
diverse
product
lines
and
those
with
more
limited
offerings,
thereby
potentially
creating
a
competitive
advantage
for
diverse
companies
over
small
companies
selling
only
recreational
marine
engines.
If
a
manufacturer
were
to
do
this,
we
do
not
believe
it
is
likely
that
they
would
sell
emission
credits
at
a
price
that
would
be
economical
for
small
manufacturers.
We
will
allow
early
banking
of
emission
credits
relative
to
the
standard.
Early
banking
of
emission
credits
may
allow
for
a
smoother
implementation
of
the
recreational
marine
standards.
These
credits
are
generated
relative
to
the
new
emission
standards
and
are
undiscounted.
We
will
also
allow
manufacturers
to
generate
early
credits
relative
to
their
pre­
control
emission
levels.
If
manufacturers
choose
this
option
they
will
have
to
develop
baseline
emission
levels
specific
to
each
participating
engine
family.
Credits
will
then
be
calculated
relative
to
the
manufacturergenerated
baseline
emission
rates,
rather
than
the
standards.
To
generate
the
baseline
emission
rates,
a
manufacturer
must
test
three
engines
from
the
family
for
which
the
baseline
is
being
generated.
The
baseline
will
be
the
average
emissions
of
the
three
engines.
Under
this
option,
engines
must
still
certify
to
the
standards
to
generate
credits,
but
the
credits
will
be
calculated
relative
to
the
generated
baseline
rather
than
the
standards.
Any
credits
generated
between
the
level
of
the
standards
and
the
generated
baseline
will
be
discounted
10
percent.
This
is
to
account
for
the
variability
of
testing
inuse
engines
to
establish
the
familyspecific
baseline
levels,
which
may
result
from
differences
in
hours
of
use
and
maintenance
practices
as
well
as
other
sources
of
potential
uncertainty
about
the
representativeness
if
the
baseline.
Manufacturers
commented
that
credits
should
not
be
generated
under
the
early
banking
program
for
the
portion
of
NOX
reductions
above
the
MARPOL
Annex
VI
standard.
We
believe
this
approach
is
reasonable
since
this
should
be
a
common
upper
limit
for
all
engines.
Therefore,
if
manufacturers
use
this
option,
any
baseline
NOX
levels
determined
to
be
above
the
MARPOL
Annex
VI
standard
must
be
adjusted
to
that
level
for
determining
early
credits.

3.
Is
EPA
Proposing
Voluntary
Standards
for
These
Engines?
a.
Blue
Sky.
We
are
adopting
voluntary
emission
standards
based
on
a
45­
percent
reduction
beyond
the
mandatory
standards.
An
engine
family
meeting
the
voluntary
standards
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8,
2002
/
Rules
and
Regulations
qualifies
for
designation
as
Blue
Sky
Series
engines.
These
voluntary
standards
are
the
same
as
those
adopted
for
commercial
marine
diesel
engines
(
see
Table
VI.
C
 
2).
While
the
Blue
Sky
Series
emission
standards
are
voluntary,
a
manufacturer
choosing
to
certify
an
engine
under
this
program
must
comply
with
all
the
requirements
that
apply
to
this
category
of
engines,
including
allowable
maintenance,
warranty,
useful
life,
rebuild,
and
deterioration
factor
provisions.
This
program
is
effective
immediately
when
we
publish
this
rule.
To
maximize
the
potential
for
other
groups
to
create
incentive
programs,
without
double­
counting,
we
do
not
allow
manufacturers
to
earn
marketable
credits
for
their
Blue
Sky
Engines.

TABLE
VI.
C
 
2.
 
BLUE
SKY
VOLUNTARY
EMISSION
STANDARDS
FOR
RECREATIONAL
MARINE
DIESEL
ENGINES
[
g/
kW­
hr]

Rated
brake
power
(
kW)
HC+
NOX
PM
power
 
37
kW
displ.<
0.9
...............
4.0
0.24
0.9 
displ.<
1.2
...........
4.0
0.18
1.2 
displ.<
2.5
...........
4.0
0.12
2.5 
displ.
..................
5.0
0.12
b.
MARPOL
Annex
VI.
The
MARPOL
Annex
VI
standards
are
for
NOX
emissions
from
marine
diesel
engines
rated
above
130
kW.
We
encourage
engine
manufacturers
to
make
Annex
VI­
compliant
engines
available
and
boat
builders
to
purchase
and
install
them
before
we
apply
the
EPA
Tier
2
standards.
If
the
treaty
enters
into
force,
the
standards
would
go
into
effect
retroactively
to
all
boats
built
January
1,
2000
or
later.
One
advantage
of
using
MARPOL­
compliant
engines
is
that
if
this
happens,
users
will
be
in
compliance
with
the
standard
without
having
to
make
any
changes
to
their
engines.

4.
What
Durability
Provisions
Apply?

Several
provisions
help
ensure
that
engines
control
emissions
throughout
a
lifetime
of
operation.
Section
II.
C
gives
a
general
overview
of
durability
provisions
associated
with
emissions
certification.
This
section
discusses
these
provisions
specifically
for
recreational
marine
diesel
engines.
a.
How
long
do
my
engines
have
to
comply?
Manufacturers
must
produce
engines
that
comply
over
a
useful
life
of
ten
years
or
until
the
engine
accumulates
1,000
operating
hours,
whichever
occurs
first.
The
hours
requirement
is
a
minimum
value
for
useful
life,
and
manufacturers
must
comply
for
a
longer
period
in
those
cases
where
they
design
their
engines
to
be
operated
longer
than
1,000
hours.
In
making
the
determination
that
engines
are
designed
to
last
longer
than
the
1,000
hour
value,
we
will
consider
evidence
such
as
whether
the
engines
continue
to
reliably
deliver
the
necessary
power
output
without
an
increase
in
fuel
consumption
that
the
user
would
find
unacceptable
and
thus
might
trigger
a
maintenance
or
rebuild
action
by
the
user.
b.
How
do
I
demonstrate
emission
durability?
We
are
extending
the
durability
demonstration
requirements
for
commercial
marine
diesel
engines
to
also
cover
recreational
marine
diesel
engines.
This
means
that
recreational
marine
engine
manufacturers,
using
good
engineering
judgment,
will
generally
need
to
test
one
or
more
engines
for
emissions
before
and
after
accumulating
the
number
of
hours
consistent
with
the
engine
useful
life
(
usually
performed
by
continuous
engine
operation
in
a
laboratory).
The
results
of
these
tests
are
referred
to
as
``
durability
data,''
and
are
used
to
determine
the
rates
at
which
emissions
are
expected
to
increase
over
the
useful
life
of
the
engine
for
each
engine
family
The
rates
are
known
as
deterioration
factors.
However,
in
many
cases,
manufacturers
may
use
durability
data
from
a
different
engine
family,
or
for
the
same
engine
family
in
a
different
model
year.
Because
of
this
allowance
to
use
the
same
data
for
multiple
engine
families,
we
expect
durability
testing
to
be
very
limited.
We
also
specify
that
manufacturers
must
collect
durability
data
and
generate
deterioration
factors
using
the
same
methods
established
for
commercial
marine
diesel
engines.
These
requirements
are
in
40
CFR
94.211,
94.218,
94.219,
and
94.220.
These
sections
describe
when
durability
data
from
one
engine
family
can
be
used
for
another
family,
how
to
select
to
the
engine
configuration
that
is
to
be
tested,
how
to
conduct
the
service
accumulation,
and
what
maintenance
can
be
performed
on
the
engine
during
this
service
accumulation.
Under
40
CFR
94.220,
manufacturers
may
project
deterioration
rates
from
engines
with
an
accumulation
of
less
than
1,000
hours,
as
long
as
the
amount
of
service
accumulation
completed
and
projection
procedures
are
determined
using
good
engineering
judgment.
c.
What
maintenance
may
be
done
during
service
accumulation?
For
engines
certified
to
a
1,000­
hour
useful
life,
the
only
maintenance
that
may
be
done
must
be:
(
1)
Regularly
scheduled,
(
2)
unrelated
to
emissions,
and
(
3)
technologically
necessary.
This
typically
includes
changing
engine
oil,
oil
filter,
fuel
filter,
and
air
filter.
For
recreational
marine
diesel
engines
certified
to
longer
lives,
these
engines
will
be
subject
to
the
same
minimum
allowable
maintenance
intervals
as
commercial
marine
engines.
These
intervals
and
the
allowable
maintenance
are
specified
in
40
CFR
94.211.
d.
Are
there
production­
line
testing
provisions?
We
are
adopting
the
production­
line
testing
requirements
from
commercial
marine
engines
for
recreational
marine
diesel
engines,
with
the
additional
provisions
described
in
II.
C.
4.
A
manufacturer
must
test
one
percent
of
its
total
projected
annual
sales
of
Category
1
engines
each
year
to
meet
production­
line
testing
requirements.
We
are
not
adopting
a
minimum
number
of
tests,
so
a
manufacturer
who
produces
no
more
than
100
marine
diesel
engines
is
not
required
to
do
any
production­
line
testing.
Similar
to
the
commercial
marine
requirements,
manufacturers
have
the
option
of
using
alternative
production­
line
testing
programs
with
EPA
approval.
Manufacturers
commented
that
we
should
limit
the
number
of
engines
tested
for
a
given
engine
family
to
five,
arguing
that
five
engines
would
be
sufficient
to
demonstrate
compliance
with
the
standards.
Although
there
isn't
necessarily
an
engineering
rationale
for
capping
the
number
of
tests
for
each
engine
family
to
five,
we
believe
that
statistical
certainty
can
be
determined
using
the
Cumulative
Sum
method
described
for
recreational
vehicles
in
40
CFR
part
1051,
subpart
D.
Therefore,
we
are
providing
the
option
of
using
the
Cumulative
Sum
method
for
determining
sample
sizes
under
the
production­
line
testing
program.
For
marine
engines,
PM
would
need
to
be
included
in
this
methodology.
Under
the
Cumulative
Sum
method,
a
statistical
analysis
is
applied
to
test
results
to
establish
the
number
of
tests
needed.
This
may
limit
the
number
of
engines
tested
to
less
than
1
percent
of
the
production
volume
in
cases
where
there
is
low
variability
in
the
test
data.

5.
Do
These
Standards
Apply
to
Alternative­
Fueled
Engines?
These
new
standards
apply
to
all
recreational
marine
diesel
engines,
without
regard
to
the
type
of
fuel
used.
While
we
are
not
aware
of
any
alternative­
fueled
recreational
marine
diesel
engines
currently
being
sold
into
the
U.
S.
market,
alternate
forms
of
the
hydrocarbon
standards
address
the
potential
for
natural
gas­
fueled
and
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alcohol­
fueled
engines.
In
our
regulation
of
highway
vehicles
and
engines,
we
determined
that
nonmethane
standards
should
be
used
in
place
of
total
hydrocarbon
standards
for
engines
fueled
with
natural
gas
(
which
is
comprised
primarily
of
methane)
(
59
FR
48472,
September
21,
1994).
These
alternate
forms
follow
the
precedent
set
in
previous
rulemakings
to
make
the
standards
similar
in
stringency
and
environmental
impact.
Similarly,
we
are
applying
HCequivalent
(
HCE)
standards
instead
of
total
hydrocarbon
standards
to
alcoholfueled
highway
engines
and
vehicles
(
54
FR
14426,
April
11,
1989).
HCequivalent
emissions
are
calculated
from
the
oxygenated
organic
components
and
non­
oxygenated
organic
components
of
the
exhaust,
summed
together
based
on
the
amount
of
organic
carbon
present
in
the
exhaust.
Alcohol­
fueled
recreational
marine
engines
must
therefore
comply
with
total
hydrocarbon
equivalent
(
THCE)
plus
NOX
standards
instead
of
THC
plus
NOX
standards.

6.
Is
EPA
Controlling
Crankcase
Emissions?
Manufacturers
must
prevent
crankcase
emissions
from
recreational
marine
diesel
engines,
with
one
exception.
Turbocharged
recreational
marine
diesel
engines
may
be
built
with
open
crankcases,
as
long
as
the
crankcase
ventilation
system
allows
for
measurement
of
crankcase
emissions.
For
these
engines
with
open
crankcases,
we
will
require
crankcase
emissions
to
be
either
routed
into
the
exhaust
stream
to
be
included
in
the
exhaust
measurement,
or
to
be
measured
separately
and
added
to
the
measured
exhaust
mass.
These
measurement
requirements
do
not
add
significantly
to
the
cost
of
testing,
especially
where
the
crankcase
vent
is
simply
routed
into
the
exhaust
stream
prior
to
the
point
of
exhaust
sampling.
These
provisions
are
consistent
with
our
previous
regulation
of
crankcase
emissions
from
such
diverse
sources
as
commercial
marine
engines,
locomotives,
and
passenger
cars.

7.
What
Are
the
Smoke
Requirements?
We
are
not
adopting
smoke
requirements
for
recreational
marine
diesel
engines.
Marine
diesel
engine
manufacturers
have
stated
that
many
of
their
engines,
though
currently
unregulated,
are
manufactured
with
smoke
limiting
controls
at
the
request
of
customers.
Users
seek
low
smoke
emissions
both
because
they
dislike
the
exhaust
residue
on
decks
and
because
they
can
be
subject
to
penalties
in
ports
with
smoke
emission
requirements.
In
many
cases,
marine
engine
exhaust
gases
are
mixed
with
water
prior
to
being
released.
This
practice
reduces
smoke
visibility.
Moreover,
we
believe
that
applying
PM
standards
will
have
the
effect
of
limiting
smoke
emissions
as
well.

8.
What
Are
the
Not­
To­
Exceed
Standards
and
Related
Requirements?
a.
Concept.
Our
goal
is
to
achieve
control
of
emissions
over
the
broad
range
of
in­
use
speed
and
load
combinations
that
can
occur
on
a
recreational
marine
diesel
engine
so
that
real­
world
emission
control
is
achieved,
rather
than
just
controlling
emissions
under
certain
laboratory
conditions.
An
important
tool
for
achieving
this
goal
is
an
in­
use
program
with
an
objective
emission
standard
and
an
easily
implemented
test
procedure.
Prior
to
this
concept,
our
approach
has
been
to
set
a
numerical
standard
on
a
specified
test
procedure
and
rely
on
the
additional
prohibition
of
defeat
devices
to
ensure
in­
use
control
over
a
broad
range
of
operation
not
included
in
the
test
procedure.
We
are
applying
the
defeat
device
provisions
established
for
commercial
marine
engines
to
recreational
marine
diesel
engines
in
addition
to
the
NTE
requirements
(
see
40
CFR
94.2).
A
design
in
which
an
engine
met
the
standard
at
the
steady­
state
test
points
but
was
intentionally
designed
to
approach
the
NTE
limit
everywhere
else
would
be
considered
to
be
defeating
the
standard.
Electronic
controls
that
recognize
and
modulate
the
emissioncontrol
system
when
the
engine
is
not
being
tested
for
emissions
and
increases
the
emissions
from
the
engine
would
be
an
example
of
a
defeat
device,
regardless
of
the
emissions
performance
of
the
engine
with
regard
to
the
standards.
No
single
test
procedure
can
cover
all
real­
world
applications,
operations,
or
conditions.
Yet
to
ensure
that
emission
standards
are
providing
the
intended
benefits
in
use,
we
must
have
a
reasonable
expectation
that
emissions
under
real­
world
conditions
reflect
those
measured
on
the
test
procedure.
The
defeat­
device
prohibition
is
designed
to
ensure
that
emission
controls
are
employed
during
real­
world
operation,
not
just
under
laboratory
or
test­
procedure
conditions.
However,
the
defeat­
device
prohibition
is
not
a
quantified
standard
and
does
not
have
an
associated
test
rocedure,
so
it
does
not
have
the
clear
objectivity
and
ready
enforceability
of
a
numerical
standard
and
test
procedure.
As
a
result,
relying
on
just
a
using
a
standardized
test
procedure
and
the
defeat
device
prohibition
makes
it
harder
to
ensure
that
engines
will
operate
with
the
same
level
of
control
in
the
real
world
as
in
the
test
cell.
Because
the
ISO
E5
duty
cycle
uses
only
five
modes
on
an
average
propeller
curve
intended
to
characterize
typical
marine
engine
operation
for
this
industry,
we
are
concerned
that
an
engine
designed
to
the
duty
cycle
may
not
necessarily
perform
the
same
way
over
the
range
of
speed
and
load
combinations
normally
seen
on
a
boat
nor
will
it
always
follow
the
average
curve.
These
duty
cycles
are
based
on
an
average
propeller
curve,
but
a
propulsion
marine
engine
may
never
be
fitted
with
an
``
average
propeller.''
In
addition,
even
if
fitted
with
an
``
average
propeller,''
an
engine
fit
to
a
specific
boat
may
operate
differently
based
on
how
heavily
the
boat
is
loaded.
To
ensure
that
emissions
are
controlled
from
recreational
marine
engines
over
the
full
range
of
speed
and
load
combinations
normally
seen
on
boats,
we
are
establishing
a
zone
under
the
engine's
power
curve
where
the
engine
may
not
exceed
a
specified
emission
limit.
This
limit
applies
to
all
of
the
regulated
pollutants
under
steadystate
operation.
Testing
in
this
``
not­
toexceed
(
NTE)
zone
may
include
the
whole
range
of
real
ambient
conditions.
The
NTE
zone,
limit,
and
ambient
conditions
are
described
below.
We
believe
there
are
significant
advantages
to
taking
this
approach.
The
test
procedure
is
flexible
enough
to
represent
the
majority
of
in­
use
engine
operation
and
ambient
conditions.
Therefore,
the
NTE
approach
takes
all
of
the
benefits
of
a
numerical
standard
and
test
procedure
and
expands
it
to
cover
a
broad
range
of
conditions.
Also,
a
standard
that
requires
laboratory
testing
makes
it
harder
to
perform
in­
use
testing
because
either
the
engines
must
be
removed
from
the
vessel
or
laboratorytype
conditions
must
be
achieved
on
the
vessel.
With
the
NTE
approach,
in­
use
testing
becomes
much
easier
to
implement
since
emissions
may
be
sampled
during
normal
vessel
use.
Because
this
approach
is
objective,
it
makes
enforcement
easier
and
provides
more
certainty
to
the
industry
in
terms
of
what
control
is
expected
in­
use
versus
over
a
fixed
laboratory
test
procedure.
Even
with
the
NTE
requirements,
we
believe
it
is
important
to
retain
standards
based
on
the
steady­
state
duty
cycles.
This
is
the
standard
that
we
expect
the
certified
marine
engines
to
meet
on
average
in
use.
The
NTE
testing
is
more
focused
on
maximum
emissions
for
segments
of
operation.
We
believe
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basing
the
emission
standards
on
a
distinct
cycle
and
using
the
NTE
zone
to
better
ensure
in­
use
control
creates
a
comprehensive
program.
In
addition,
the
steady­
state
duty
cycles
give
a
basis
for
calculating
credits
for
averaging,
banking,
and
trading.
As
described
in
the
Summary
and
Analysis
of
Comments,
the
same
technology
that
can
be
used
to
meet
the
standards
over
the
E5
duty
cycle
can
be
used
to
meet
the
NTE
caps
in
the
NTE
zone.
We
therefore
do
not
expect
these
standards
to
cause
recreational
marine
diesel
engines
to
need
more
advanced
technology
that
is
used
by
the
nonroad
and
commercial
marine
engines
from
which
they
are
derived.
We
do
not
believe
the
NTE
concept
results
in
a
large
amount
of
additional
testing,
because
these
engines
should
be
designed
to
perform
as
well
in
use
as
they
do
over
the
steady­
state
five­
mode
certification
test.
However,
our
cost
analysis
in
Chapter
5
of
the
Final
Regulatory
Support
Document
accounts
for
some
additional
testing,
especially
in
the
early
years,
to
provide
manufacturers
with
assurance
that
their
engines
will
meet
the
NTE
requirements.
b.
Shape
of
the
NTE
zone.
Figure
VI.
C
 
1
illustrates
the
NTE
zone
for
recreational
marine
diesel
engines.
We
based
this
zone
on
the
range
of
conditions
that
these
engines
might
typically
see
in
use.
Also,
we
divide
the
zone
into
subzones
of
operation
which
have
different
limits
as
described
below.
Chapter
4
of
the
Final
Regulatory
Support
Document
describes
the
development
of
the
boundaries
and
conditions
associated
with
the
NTE
zone.
The
NTE
zone
for
recreational
marine
diesel
engines
is
the
same
for
commercial
marine
diesel
engines
operating
on
a
propeller
curve,
except
that
an
additional
subzone
is
added
at
speeds
over
95
percent
of
rated
to
address
the
typical
recreational
design
for
higher
rated
power.

BILLING
CODE
6560
 
50
 
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BILLING
CODE
6560
 
50
 
C
EPA
may
approve
adjustments
to
the
size
and
shape
of
the
NTE
zone
for
certain
engines
if
the
manufacturer
demonstrates
that
the
engine
will
not
see
operation
outside
of
the
revised
NTE
zone
in
use.
This
way,
manufacturers
can
avoid
having
to
test
their
engines
under
operation
that
they
will
not
see
in
use.
However,
manufacturers
are
responsible
for
ensuring
that
their
specified
operation
represents
realworld
operation.
In
addition,
if
a
manufacturer
designs
an
engine
for
operation
at
speeds
and
loads
outside
of
the
NTE
zone
(
i.
e.,
variable­
speed
engines
used
with
variable­
pitch
propellers),
the
manufacturer
is
responsible
for
notifying
us,
so
the
NTE
zone
for
that
engine
family
can
be
modified
to
include
this
operation.
c.
Transient
operation.
NTE
testing
includes
only
steady­
state
operation
with
a
minimum
sampling
time
of
30
seconds.
We
specify
the
ISO
E5
steadystate
duty
cycle
for
showing
compliance
with
average
emission
standards.
The
goal
of
adopting
NTE
standards
and
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Regulations
84
The
range
of
intake
air
temperature
is
13
to
30
°
C
for
engines
that
draw
air
from
outside
the
engine
room.
procedures
is
to
cover
the
operation
away
from
the
five
modes
that
are
on
the
assumed
propeller
curve.
Our
understanding
is
that
the
majority
of
marine
engine
operation
is
steady­
state;
however,
we
recognize
that
recreational
marine
use
is
likely
more
transient
than
commercial
marine
use.
At
this
time
we
do
not
have
enough
data
on
marine
engine
operation
to
accurately
determine
the
amount
of
transient
operation
that
occurs
or
to
set
an
NTE
standard
for
transient
operation.
We
are
aware
that
the
high­
load
transient
operation
seen
when
a
boat
comes
to
plane
is
not
included
in
the
NTE
zone
as
defined,
even
if
we
were
to
require
compliance
with
NTE
standards
during
transient
operation.
We
are
also
aware
that
these
speed
and
load
points
cannot
be
achieved
under
steady­
state
operation
for
a
properly
loaded
boat
in
use.
If
we
find
that
excluding
transient
operation
from
the
compliance
requirements
results
in
a
significant
increase
in
emissions,
we
will
revisit
this
provision
in
the
future.
Also,
an
engine
designed,
with
multiple
injection
timing
maps
based
on
operation,
to
operate
at
higher
emissions
during
transient
operation
than
during
steadystate
testing
would
be
in
noncompliance
with
our
defeat
device
prohibition.
d.
Emission
standards.
We
are
requiring
emissions
caps
for
the
NTE
zones
that
represent
a
multiplier
times
the
weighted
test
result
used
for
certification
for
all
of
the
regulated
pollutants
(
HC+
NOX,
CO,
and
PM).
This
is
consistent
with
the
concept
of
a
weighted
modal
emission
test
such
as
the
steady­
state
tests
included
in
this
rule.
The
standard
itself
is
intended
to
represent
the
average
emissions
under
steady­
state
conditions.
Because
it
is
an
average,
some
points
can
be
higher,
some
lower,
and
the
manufacturer
will
design
to
maximize
performance
and
still
meet
the
engine
standard.
The
NTE
limit
is
on
top
of
this.
It
is
designed
to
make
sure
that
no
part
of
the
engine
operation
and
that
no
application
goes
too
far
from
the
average
level
of
control.
Consistent
with
the
requirements
for
commercial
marine
engines,
recreational
marine
diesel
engines
must
meet
a
cap
of
1.50
times
the
certified
level
for
HC+
NOX,
PM,
and
CO
for
the
speed
and
power
subzone
below
45
percent
of
rated
power
and
a
cap
of
1.20
times
the
certified
levels
at
or
above
45
percent
of
rated
power.
However,
we
are
applying
an
additional
subzone
at
speeds
greater
than
95
percent
of
rated,
with
a
corresponding
standard
of
1.50
times
the
certified
levels
for
this
subzone.
This
additional
subzone
addresses
the
typical
recreational
design
for
higher
rated
power.
We
understand
that
this
power
is
needed
to
ensure
that
the
engine
can
bring
the
boat
to
plane.
Chapter
4
of
the
Final
Regulatory
Support
Document
provides
more
detail
on
how
we
determined
the
standards.
We
are
aware
that
marine
diesel
engines
may
not
be
able
to
meet
the
emissions
limit
under
all
conditions.
Specifically,
there
are
times
when
emission
control
must
be
compromised
for
startability
or
safety.
Engine
starting
is
not
included
in
NTE
testing.
In
addition,
manufacturers
have
the
option
of
petitioning
the
Administrator
to
allow
emissions
to
increase
under
engine
protection
strategies,
such
as
when
an
engine
overheats.
This
is
also
consistent
with
the
requirements
for
commercial
marine
engines.
e.
Ambient
conditions.
Variations
in
ambient
conditions
can
affect
emissions.
Such
conditions
include
air
temperature,
humidity,
and
(
especially
for
aftercooled
engines)
water
temperature.
We
are
applying
the
commercial
marine
engine
ranges
for
these
variables.
Chapter
4
of
the
Final
Regulatory
Support
Document
provides
more
detail
on
how
we
determined
these
ranges.
Within
the
ranges,
there
is
no
calculation
to
correct
measured
emissions
to
standard
conditions.
Outside
of
the
ranges,
emissions
can
be
corrected
back
to
the
nearest
end
of
the
range.
The
ambient
variable
ranges
are
13
to
35
°
C
(
55
to
95
°
F)
for
intake
air
temperature,
7.1
to
10.7
g
water/
kg
dry
air
(
50
to
75
grains/
pound
dry
air)
for
intake
air
humidity,
and
5
to
27
°
C
(
41
to
80
°
F)
for
ambient
water
temperature.
84
f.
Certification.
At
the
time
of
certification,
manufacturers
must
submit
a
statement
that
its
engines
will
comply
with
these
requirements
under
all
conditions
that
may
reasonably
be
expected
to
occur
in
normal
vessel
operation
and
use.
The
manufacturer
also
provides
a
detailed
description
of
all
testing,
engineering
analysis,
and
other
information
that
forms
the
basis
for
the
statement.
This
statement
may
be
based
on
testing
other
research
that
validly
supports
such
a
statement,
consistent
with
good
engineering
judgment.
EPA
may
review
the
basis
of
this
statement
during
the
certification
process.

D.
Testing
Equipment
and
Procedures
The
regulations
detail
specifications
for
test
equipment
and
procedures
that
apply
generally
to
commercial
marine
engines
(
including
NTE
testing)
in
40
CFR
part
94.
We
have
based
the
recreational
marine
diesel
engine
test
procedures
on
this
part.
Section
VIII
gives
a
general
discussion
of
testing
requirements;
this
section
describes
procedures
that
are
specific
to
recreational
marine
such
as
the
duty
cycle
for
operating
engines
for
emission
measurements.
Chapter
4
of
the
Draft
Regulatory
Support
Document
describes
these
duty
cycles
in
greater
detail.
In
addition
to
the
information
provided
above,
the
following
section
discusses
issues
concerning
test
equipment
and
procedures.

1.
Which
Duty
Cycles
Are
Used
To
Measure
Emissions?
For
recreational
marine
diesel
engines,
we
specify
the
ISO
E5
duty
cycle.
This
is
a
5­
mode
steady
state
cycle,
including
an
idle
mode
and
four
modes
lying
on
a
cubic
propeller
curve.
ISO
intends
for
this
cycle
to
be
used
for
all
engines
in
boats
less
than
24
meters
in
length.
We
apply
it
to
all
recreational
marine
diesel
engines
to
avoid
the
complexity
of
tying
emission
standards
to
boat
characteristics.
A
given
engine
may
be
used
in
boats
longer
and
shorter
than
24
meters;
engine
manufacturers
generally
will
not
know
the
size
of
the
boat
into
which
an
engine
will
be
installed.
Also,
we
expect
that
most
recreational
boats
will
be
under
24
meters
in
length.
Chapter
4
of
the
Final
Regulatory
Support
Document
provides
further
detail
on
the
ISO
E5
duty
cycle.

2.
What
Fuels
Will
Be
Used
During
Emission
Testing?
We
are
applying
the
same
specifications
for
recreational
marine
diesel
engines
that
we
established
for
commercial
marine
diesel
engines.
That
means
that
the
recreational
engines
will
use
the
same
test
fuel
that
is
required
for
testing
Category
1
commercial
marine
diesel
engines,
which
is
a
regular
nonroad
test
fuel
with
moderate
sulfur
content.
We
are
not
aware
of
any
difference
in
fuel
specifications
for
recreational
and
commercial
marine
engines
of
comparable
size.

3.
How
Does
In­
Use
Testing
Work?
In­
use
testing
on
marine
engines
may
be
used
to
ensure
compliance
in
use.
This
testing
may
include
taking
in­
use
marine
engines
out
of
the
vessel
and
testing
them
in
a
laboratory,
as
well
as
field
testing
of
in­
use
engines
on
the
boat,
in
a
marine
environment.
We
plan
to
use
field­
testing
data
in
two
ways.
First,
we
may
use
it
as
a
screening
tool,
with
follow­
up
laboratory
testing
over
the
ISO
E5
duty
cycle
or
NTE
zone
where
appropriate.
Second,
we
may
use
the
data
directly
as
a
basis
for
compliance
determinations,

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Rules
and
Regulations
as
long
as
field­
testing
equipment
and
procedures
are
capable
of
providing
reliable
information
from
which
conclusions
can
be
drawn
regarding
what
emission
levels
would
be
with
laboratory­
based
measurements.
Because
it
would
likely
be
difficult
to
match
the
E5
test
points
exactly
on
an
engine
in
use
on
a
vessel,
NTE
zone
testing
will
reduce
the
difficulty
of
inuse
compliance
determinations.
For
marine
engines
that
expel
exhaust
gases
underwater
or
mix
their
exhaust
with
water,
manufacturers
must
equip
engines
with
an
exhaust
sample
port
where
a
probe
can
be
inserted
for
in­
use
exhaust
emission
testing.
It
is
important
that
the
location
of
this
port
allow
a
well­
mixed
and
representative
sample
of
the
exhaust.
This
provision
is
intended
to
simplify
in­
use
testing.
In
cases
where
the
engine
manufacturer
does
not
supply
enough
of
the
exhaust
system
to
add
a
sample
port,
the
engine
manufacturer
would
be
required
to
provide
installation
instructions
for
a
sample
port.
Vessel
manufacturers
would
be
required
to
follow
this
and
any
other
emission­
related
installation
instructions.
One
of
the
advantages
of
the
not­
toexceed
requirements
will
be
to
facilitate
in­
use
testing.
This
will
allow
us
to
perform
compliance
testing
in
the
field.
As
long
as
the
engine
is
operating
under
steady­
state
conditions
in
the
NTE
zone,
we
will
be
able
to
measure
emissions
and
compare
them
to
the
NTE
limits.
To
assist
in
this
testing,
engines
with
electronic
controls
will
be
required
to
broadcast
engine
torque
(
as
percent
of
maximum)
and
engine
speed
on
their
controller
area
networks.

4.
How
Is
the
Maximum
Test
Speed
Determined?
To
ensure
that
a
manufacturer's
declared
maximum
speed
is
representative
of
actual
engine
operating
characteristics
and
is
not
improperly
used
to
influence
the
parameters
under
which
their
engines
are
certified,
we
are
applying
the
definition
of
maximum
test
speed
used
for
commercial
marine
engines.
This
definition
of
maximum
test
speed
is
the
single
point
on
an
engine's
normalized
maximum
power
versus
speed
curve
that
lies
farthest
away
from
the
zero­
power,
zero­
speed
point.
In
establishing
this
definition
of
maximum
test
speed,
it
was
our
intent
to
specify
the
highest
speed
at
which
the
engine
is
likely
to
be
operated
in
use.
Under
normal
circumstances
this
maximum
test
speed
should
be
close
to
the
speed
at
which
peak
power
is
achieved.
However,
as
some
manufacturers
indicated
in
their
comments,
it
is
possible
under
this
definition
for
the
maximum
test
speed
to
be
very
different
than
the
speed
at
which
peak
power
is
achieved.
This
could
result
in
the
certification
test
cycle
and
the
NTE
zone
(
which
are
both
defined
in
part
by
the
maximum
test
speed)
being
unrepresentative
of
in­
use
operation.
Since
we
were
aware
of
this
potential
during
the
development
of
the
commercial
marine
regulations,
we
included
two
provisions
to
address
issues
such
as
these.
First,
§
94.102
allows
EPA
to
modify
test
procedures
in
situations
where
the
specified
test
procedures
would
otherwise
be
unrepresentative
of
in­
use
operation.
Thus,
in
cases
in
which
the
definition
of
maximum
test
speed
resulted
in
an
engine
speed
that
was
not
expected
to
occur
with
in­
use
engines,
we
would
work
with
the
manufacturers
to
determine
the
maximum
speed
that
would
be
expected
to
occur
in­
use.
Second,
§
94.106(
c)(
2)
allows
EPA
to
specify
during
certification
a
broader
NTE
zone
to
include
actual
in­
use
operation.
In
those
cases
where
we
could
not
specify
a
single
maximum
test
speed
under
§
94.102
that
would
sufficiently
cover
the
range
of
in­
use
engine
speeds,
we
would
specify
a
broader
NTE
zone.
For
example,
we
would
generally
expect
that
the
NTE
zone
would
include
the
peak
power
point.
If
the
maximum
test
speed
derived
under
§
§
94.102
and
94.107
resulted
in
an
NTE
zone
that
did
not
include
the
peak
power
point,
we
would
likely
specify
that
the
NTE
zone
be
broadened
to
include
that
point.
Similarly,
we
would
expect
that
a
manufacturer's
advertised
rated
power/
speed
point
should
be
within
the
NTE
zone,
and
could
broaden
the
NTE
zone
to
include
that
point
as
well.

E.
Special
Compliance
Provisions
The
provisions
discussed
here
are
designed
to
minimize
regulatory
burdens
on
manufacturers
needing
added
flexibility
to
comply
with
emission
standards.
These
manufacturers
include
engine
dressers,
small­
volume
engine
marinizers,
and
small­
volume
boat
builders.
Commenters
generally
supported
these
provisions
as
proposed.

1.
What
Are
the
Burden
Reduction
Approaches
for
Engine
Dressers?
Many
recreational
marine
diesel
engine
manufacturers
take
a
new,
landbased
engine
and
modify
it
for
installation
on
a
marine
vessel.
Some
of
the
companies
that
modify
an
engine
for
installation
on
a
boat
make
no
changes
that
might
affect
emissions.
Instead,
the
modifications
may
consist
of
adding
mounting
hardware
and
a
generator
or
reduction
gears
for
propulsion.
It
can
also
involve
installing
a
new
marine
cooling
system
that
meets
original
manufacturer
specifications
and
duplicates
the
cooling
characteristics
of
the
land­
based
engine,
but
with
a
different
cooling
medium
(
such
as
sea
water).
In
many
ways,
these
manufacturers
are
similar
to
nonroad
equipment
manufacturers
that
purchase
certified
land­
based
nonroad
engines
to
make
auxiliary
engines.
This
simplified
approach
of
producing
an
engine
can
more
accurately
be
described
as
dressing
an
engine
for
a
particular
application.
Because
the
modified
landbased
engines
are
subsequently
used
on
a
marine
vessel,
however,
these
modified
engines
will
be
considered
marine
diesel
engines,
which
then
fall
under
these
requirements.
To
clarify
the
responsibilities
of
engine
dressers
under
this
rule,
we
will
not
treat
them
as
a
manufacturer
of
a
recreational
marine
diesel
engine
and
therefore
they
would
not
be
required
to
obtain
a
certificate
of
conformity,
as
long
as
they
meet
the
following
seven
conditions.
(
1)
The
engine
being
dressed
(
the
``
base''
engine)
must
be
a
highway,
landbased
nonroad,
or
locomotive
engine,
certified
pursuant
to
40
CFR
part
86,
40
CFR
part
89,
or
40
CFR
part
92,
respectively,
or
a
marine
diesel
engine
certified
pursuant
to
this
part.
(
2)
The
base
engine's
emissions,
for
all
pollutants,
must
meet
the
otherwise
applicable
recreational
marine
emission
limits.
In
other
words,
starting
in
2005,
a
dressed
nonroad
Tier
1
engine
will
not
qualify
for
this
exemption,
because
the
more
stringent
standards
for
recreational
marine
diesel
engines
go
into
effect
at
that
time.
(
3)
The
dressing
process
must
not
involve
any
modifications
that
can
change
engine
emissions.
We
do
not
consider
changes
to
the
fuel
system
to
be
engine
dressing
because
this
equipment
is
integral
to
the
combustion
characteristics
of
an
engine.
(
4)
All
components
added
to
the
engine,
including
cooling
systems,
must
comply
with
the
specifications
provided
by
the
engine
manufacturer.
(
5)
The
original
emissions­
related
label
must
remain
clearly
visible
on
the
engine.
(
6)
The
engine
dresser
must
notify
purchasers
that
the
marine
engine
is
a
dressed
highway,
nonroad,
or
locomotive
engine
and
is
exempt
from
the
requirements
of
40
CFR
part
94.
(
7)
The
engine
dresser
must
report
annually
to
us
the
models
that
are
exempt
pursuant
to
this
provision
and
such
other
information
as
we
deem
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Vol.
67,
No.
217
/
Friday,
November
8,
2002
/
Rules
and
Regulations
necessary
to
ensure
appropriate
use
of
the
exemption.
Any
engine
dresser
not
meeting
all
these
conditions
will
be
considered
an
engine
manufacturer
and
will
accordingly
need
to
obtain
a
certificate
of
conformity
for
these
new
engines,
consistent
with
this
rule's
provisions,
and
label
the
engine
showing
that
it
is
available
for
use
as
a
marine
engine.
An
engine
dresser
violating
the
above
criteria
might
be
liable
under
antitampering
provisions
for
any
change
made
to
the
land­
based
engine
that
affects
emissions.
The
dresser
might
also
be
subject
to
a
compliance
action
for
selling
new
marine
engines
that
are
not
certified
to
the
required
emission
standards.
For
an
engine
dresser
complying
with
the
above
provisions,
the
original
certificate
would
remain
in
effect
and
the
certifier
of
the
engine
would
remain
liable
for
the
emissions
performance
of
the
engine.

2.
What
Special
Provisions
Is
EPA
Adopting
for
Small
Entities?
In
addition
to
provisions
for
engine
dressers,
we
are
also
finalizing
special
provisions
designed
to
provide
flexibility
to
small
entities.
Prior
to
the
proposal,
we
conducted
an
inter­
agency
Small
Business
Advocacy
Review
Panel
as
described
in
Section
XI.
C.
With
input
from
small­
entity
representatives,
the
panel
drafted
a
report
with
findings
and
recommendations
on
how
to
reduce
the
potential
small­
business
burden
resulting
from
this
rule.
The
interagency
panel's
recommendations
were
proposed
by
EPA
and
are
now
being
finalized
as
proposed.
The
following
sections
describe
these
provisions.

3.
What
Are
the
Burden
Reduction
Approaches
for
Small­
Volume
Engine
Marinizers?
We
are
providing
additional
options
for
small­
volume
engine
marinizers.
The
purpose
of
these
options
is
to
reduce
the
burden
on
companies
for
which
fixed
costs
cannot
be
distributed
over
a
large
number
of
engines.
For
this
reason,
we
are
defining
a
small­
volume
engine
manufacturer
based
on
annual
U.
S.
sales
of
engines
and
are
providing
the
additional
options
on
this
basis
rather
than
on
business
size
in
terms
of
number
of
employees,
revenue,
or
other
such
measures.
The
production
count
we
are
using
includes
all
engines
(
automotive,
other
nonroad,
etc.)
and
not
just
recreational
marine
engines.
We
consider
recreational
marine
diesel
engine
manufacturers
to
be
small
volume
for
purposes
of
this
provision
if
they
produce
fewer
than
1,000
internal
combustion
engines
per
year.
Based
on
our
characterization
of
the
industry,
there
is
a
natural
break
in
production
volumes
above
500
engine
sales
where
the
next
smallest
manufacturers
make
tens
of
thousands
of
engines.
We
chose
1,000
engines
as
a
limit
because
it
groups
together
all
the
marinizers
most
needing
relief,
while
still
allowing
for
reasonable
sales
growth.
The
options
for
small­
volume
marinizers
are
discussed
below.
a.
Broaden
engine
families.
We
have
established
engine
criteria
for
distinguishing
between
engine
families,
which
is
intended
to
divide
a
manufacturer's
product
line
into
multiple
engine
families.
We
are
allowing
small­
volume
marinizers
to
put
all
of
their
models
into
one
engine
family
(
or
more
as
necessary)
for
certification
purposes.
Marinizers
would
then
certify
using
the
``
worstcase
configuration.
This
approach
is
consistent
with
the
option
offered
to
post­
manufacture
marinizers
under
the
commercial
marine
regulations.
The
advantage
of
this
approach
is
that
it
minimizes
certification
testing
because
the
marinizer
can
use
a
single
engine
in
the
first
year
to
certify
their
whole
product
line.
As
for
large
companies,
the
small­
volume
manufacturers
could
then
carry­
over
data
from
year
to
year
until
changing
engine
designs
in
a
way
that
might
significantly
affect
emissions.
We
understand
that
this
option
alone
still
requires
a
certification
test
and
the
associated
burden
for
small­
volume
manufactures.
We
consider
this
to
be
the
foremost
cost
concern
for
some
small­
volume
manufacturers,
because
the
test
costs
are
spread
over
low
sales
volumes.
Also,
we
recognize
that
it
may
be
difficult
to
determine
the
worst­
case
emitter
without
additional
testing.
We
are
requiring
testing
because
we
need
a
reliable,
test­
based
technical
basis
to
issue
a
certificate
for
these
engines.
Manufacturers
will
be
able
to
use
carryover
to
spread
costs
over
multiple
years
of
production.
b.
Minimize
compliance
requirements.
Production­
line
and
deterioration
testing
requirements
do
not
apply
to
small­
volume
marinizers.
We
will
assign
a
deterioration
factor
for
use
in
calculating
end­
of­
life
emission
factors
for
certification.
The
advantages
of
this
approach
would
be
to
minimize
compliance
testing.
Production­
line
and
deterioration
testing
would
be
more
extensive
than
a
single
certification
test.
c.
Expand
engine
dresser
flexibility.
We
are
expanding
the
engine
dresser
definition
for
small­
volume
marinizers
to
include
water­
cooled
turbochargers
where
the
goal
is
to
match
the
performance
of
the
non
water­
cooled
turbocharger
on
the
original
certified
configuration.
We
believe
this
would
provide
more
opportunities
for
diesel
marinizers
to
be
excluded
from
certification
testing
if
they
operate
as
dressers.
d.
Streamlined
certification.
We
will
allow
small­
volume
marinizers
to
certify
to
the
not­
to­
exceed
(
NTE)
requirements
with
a
streamlined
approach.
We
believe
small­
volume
marinizers
can
make
a
satisfactory
showing
that
they
meet
NTE
standards
with
limited
test
data.
Similar
to
the
standard
NTE
program,
once
these
manufacturers
test
engines
over
the
five­
mode
certification
duty
cycle
(
E5),
they
can
use
those
or
other
test
points
to
extrapolate
the
results
to
the
rest
of
the
NTE
zone.
For
example,
an
engineering
analysis
may
consider
engine
timing
and
fueling
rate
to
determine
how
much
the
engine's
emissions
may
change
at
points
not
included
in
the
E5
cycle.
For
this
streamlined
NTE
approach,
keeping
all
four
test
modes
of
the
E5
cycle
within
the
NTE
standards
will
be
enough
for
small­
volume
marinizers
to
certify
compliance
with
NTE
requirements,
as
long
as
there
are
no
significant
changes
in
timing
or
fueling
rate
between
modes.
e.
Delay
standards
for
five
years.
Applying
a
five­
year
delay,
the
standards
take
effect
from
2011
to
2014
for
small­
volume
marinizers,
depending
on
engine
size.
Marinizers
may
apply
this
five­
year
delay
to
all
or
just
a
portion
of
their
production.
They
may
therefore
still
sell
engines
that
meet
the
standards
when
possible
on
some
product
lines
while
delaying
introduction
of
emission­
control
technology
on
other
product
lines.
This
option
provides
more
time
for
small
marinizers
to
redesign
their
products,
allowing
time
to
learn
from
the
technology
development
of
the
rest
of
the
industry.
Boat
builders
may
use
these
uncertified
engines
in
their
vessels.
While
we
are
concerned
about
the
loss
of
emission
control
from
part
of
the
fleet
during
this
time,
we
recognize
the
special
needs
of
small­
volume
marinizers
and
believe
the
added
time
may
be
necessary
for
these
companies
to
comply
with
emission
standards.
This
additional
time
will
allow
small­
volume
marinizers
to
obtain
and
implement
proven,
cost­
effective
emission­
control
technology.
f.
Hardship
provisions.
We
are
adopting
two
hardship
provisions
for
small­
volume
marinizers.
Marinizers
may
apply
for
this
relief
on
an
annual
basis.
First,
small
marinizers
may
petition
us
for
additional
time
to
comply
with
the
standards.
The
marinizer
must
show
that
it
has
taken
all
possible
steps
to
comply
but
the
burden
of
compliance
costs
will
have
a
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major
impact
on
the
company's
solvency.
Also,
if
a
certified
base
engine
is
available,
the
marinizer
must
generally
use
this
engine.
We
believe
this
provision
will
protect
small­
volume
marinizers
from
undue
hardship
due
to
certification
burden.
Also,
some
emission
reduction
can
be
gained
if
a
certified
base
engine
becomes
available.
Second,
small­
volume
marinizers
may
also
apply
for
hardship
relief
if
circumstances
outside
their
control
caused
the
failure
to
comply
(
such
as
a
supply
contract
broken
by
parts
supplier)
and
if
failure
to
sell
the
subject
engines
will
have
a
major
impact
on
the
company's
solvency.
We
consider
this
relief
mechanism
to
be
an
option
of
last
resort.
We
believe
this
provision
will
protect
small­
volume
marinizers
from
circumstances
outside
their
control.
We,
however,
intend
to
not
grant
hardship
relief
if
contract
problems
with
a
specific
company
prevent
compliance
for
a
second
time.
Although
the
inter­
agency
panel
did
not
specify
a
time
limit
for
these
hardship
provisions,
and
we
are
not
finalizing
any
such
time
limits,
we
envision
these
hardship
provisions
as
transitional
in
nature.
We
would
expect
their
use
to
be
limited
to
the
early
years
of
the
program,
in
a
similar
time
frame
as
we
are
establishing
for
the
recreational
vehicle
hardship
provisions,
as
discussed
in
Section
VII.
C.

4.
What
Are
the
Burden
Reduction
Approaches
for
Small­
Volume
Boat
Builders
Using
Recreational
Marine
Diesel
Engines?
The
inter­
agency
panel
also
recommended
burden
reduction
approaches
for
small­
volume
boat
builders.
The
recommendations
were
based
on
the
concerns
that,
although
boat
builders
are
not
subject
to
the
engine­
based
emission
standards,
they
are
required
to
use
certified
engines
and
may
need
to
redesign
engine
compartments
on
some
boats
if
engine
designs
were
to
change
significantly.
EPA
proposed
the
flexibilities
recommended
by
the
panel
and
are
finalizing
them
as
proposed.
We
are
adopting
four
options
for
small­
volume
vessel
manufacturers
using
recreational
marine
diesel
engines.
These
options
are
intended
to
reduce
the
burden
on
companies
for
which
fixed
costs
cannot
be
distributed
over
a
large
number
of
vessels.
As
proposed,
we
are
therefore
defining
a
small­
volume
boat
builder
as
one
that
produces
fewer
than
100
boats
for
sale
in
the
U.
S.
in
one
year
and
has
fewer
than
500
employees.
The
production
count
includes
all
engine­
powered
recreational
boats.
These
options
may
be
used
at
the
manufacturer's
discretion.
The
options
for
small­
volume
boat
builders
are
discussed
below.
a.
Percent­
of­
production
delay.
Manufacturers
with
a
written
request
from
a
small­
volume
boat
builder
and
prior
approval
from
us
may
produce
a
limited
number
of
uncertified
recreational
marine
diesel
engines.
From
2006
through
2010,
small­
volume
boat
builders
may
purchase
uncertified
engines
to
sell
in
boats
for
an
amount
equal
to
80
percent
of
engine
sales
for
one
year.
For
example,
if
the
small
boat
builder
sells
100
engines
per
year,
a
total
of
80
uncertified
engines
may
be
sold
over
the
five­
year
period.
This
will
give
small
boat
builders
an
option
to
delay
using
new
engine
designs
for
a
portion
of
business.
Engines
produced
under
this
flexibility
must
be
labeled
accordingly
so
that
customs
inspectors
know
which
uncertified
engines
can
be
imported.
We
continue
to
believe
this
approach
is
appropriate
and
are
finalizing
it
as
proposed.
b.
Small­
volume
allowance.
This
allowance
is
similar
to
the
percent­
ofproduction
allowance,
but
is
designed
for
boat
builders
with
very
small
production
volumes.
The
only
difference
with
the
above
allowance
is
that
the
80­
percent
allowance
described
above
may
be
exceeded,
as
long
as
sales
do
not
exceed
either
10
engines
per
year
or
20
engines
over
five
years
(
2006
to
2010).
This
applies
only
to
engines
less
than
or
equal
to
2.5
liters
per
cylinder.
c.
Existing
inventory
and
replacement
engine
allowance.
Small­
volume
boat
builders
may
sell
their
existing
inventory
after
the
implementation
date
of
the
new
standards.
However,
no
purposeful
stockpiling
of
uncertified
engines
is
permitted.
This
provision
is
intended
to
allow
small
boat
builders
the
ability
to
turn
over
engine
designs.
d.
Hardship
relief
provision.
Small
boat
builders
may
apply
for
hardship
relief
if
circumstances
outside
their
control
caused
the
problem
(
for
example,
if
a
supply
contract
were
broken
by
the
engine
supplier)
and
if
failure
to
sell
the
subject
vessels
will
have
a
major
impact
on
the
company's
solvency.
This
relief
allows
the
boat
builder
to
use
an
uncertified
engine
and
is
considered
a
mechanism
of
last
resort.
These
hardship
provisions
are
consistent
with
those
currently
in
place
for
post­
manufacture
marinizers
of
commercial
marine
diesel
engines.

F.
Technical
Amendments
The
regulations
include
a
variety
of
amendments
to
the
programs
already
adopted
for
marine
spark­
ignition
and
diesel
engines,
as
described
in
the
following
paragraphs.

1.
40
CFR
Part
91:
Outboards
and
Personal
Watercraft
We
have
identified
four
principal
amendments
to
the
requirements
for
outboard
and
personal
watercraft
engines.
First,
we
are
adding
a
definition
of
United
States
which
is
``
the
States,
the
District
of
Columbia,
the
Commonwealth
of
Puerto
Rico,
the
Commonwealth
of
the
Northern
Mariana
Islands,
Guam,
American
Samoa,
the
U.
S.
Virgin
Islands,
and
the
Trust
Territory
of
the
Pacific
Islands.''
This
definition
is
consistent
with
that
included
in
40
CFR
part
94
for
marine
diesel
engines.
This
is
especially
helpful
in
clearing
up
questions
related
to
U.
S.
territories
in
the
Carribean
Sea
and
the
Pacific
Ocean.
Second,
we
have
found
two
typographical
errors
in
the
equations
needed
for
calculating
emission
levels
in
40
CFR
91.419.
Third,
we
are
adjusting
the
regulation
language
to
clarify
testing
rates
for
the
in­
use
testing
program.
The
regulations
currently
specify
a
maximum
rate
of
25
percent
of
a
manufacturer's
engine
families
subject
to
in­
use
testing.
The
revised
language
states
that
for
manufacturers
with
fewer
than
four
engine
families
subject
to
in­
use
testing,
the
maximum
testing
rate
is
one
family
per
year
in
place
of
the
percentage
calculation.
Finally,
we
are
revising
the
regulatory
provision
prohibiting
emission
controls
that
lead
to
increases
of
noxious
or
toxic
compounds
that
would
pose
an
unreasonable
risk
to
the
public,
as
described
in
Section
II.
B.
2.

2.
40
CFR
Part
94:
Commercial
Marine
Diesel
Engines
We
are
adopting
several
regulatory
amendments
to
the
program
for
commercial
marine
diesel
engines.
Many
of
these
are
straightforward
edits
for
correct
grammar
and
cross
references.
We
are
also
changing
the
definition
of
United
States,
as
described
in
the
previous
section.
We
are
adding
a
definition
for
sparkignition
consistent
with
the
existing
definition
for
compression­
ignition,
which
will
allow
us
to
define
compression­
ignition
as
any
engine
that
is
not
spark­
ignition.
This
will
help
ensure
that
marine
emission
standards
for
the
different
types
of
engines
fit
together
appropriately.
The
discussion
of
production­
line
testing
in
Section
II.
C.
4
specifies
reduced
testing
rates
after
two
years
of
consistent
good
performance.
We
are
extending
this
provision
to
commercial
marine
diesel
engines
as
well.

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The
test
procedures
for
Category
2
marine
engines
give
a
cross­
reference
to
40
CFR
part
92,
which
defines
the
procedures
for
testing
locomotives
and
locomotive
engines.
Part
92
specifies
a
wide
range
of
ambient
temperatures
for
testing,
to
allow
for
outdoor
measurements.
We
expect
all
testing
of
Category
2
marine
engines
to
occur
indoors
and
are
therefore
adopting
a
range
of
13
°
to
30
°
C
(
55
°
to
86
°
F)
for
emission
testing.
Finally,
we
are
revising
the
regulatory
provision
prohibiting
emission
controls
that
lead
to
increases
of
noxious
or
toxic
compounds
that
would
pose
an
unreasonable
risk
to
the
public,
as
described
in
Section
II.
B.
2.

G.
Technological
Feasibility
We
have
concluded
that
the
emissionreduction
strategies
expected
for
landbased
nonroad
diesel
engines
and
commercial
marine
diesel
engines
can
also
be
applied
to
recreational
marine
diesel
engines,
such
that
these
emission
reductions
strategies
will
provide
compliance
with
recreational
marine
diesel
emission
standards.
Marine
diesel
engines
are
generally
derivatives
of
land­
based
nonroad
and
highway
diesel
engines.
Marine
engine
manufacturers
and
marinizers
make
modifications
to
the
engine
to
make
it
ready
for
use
in
a
vessel.
These
modifications
can
range
from
basic
engine
mounting
and
cooling
changes
to
a
restructuring
of
the
power
assembly
and
fuel
management
system.
Chapters
3
and
4
of
the
Final
Regulatory
Support
Document
discuss
this
process
in
more
detail.
Also,
we
have
collected
emission
data
demonstrating
the
feasibility
of
the
steady
state
average
standard
and
not­
to­
exceed
requirements.
These
data
are
presented
in
Chapter
4
of
the
Final
Regulatory
Support
Document.

1.
Implementation
Schedule
For
recreational
marine
diesel
engines,
the
implementation
schedule
allows
an
additional
two
years
of
delay
beyond
the
commercial
marine
diesel
standards.
This
represents
up
to
a
fiveyear
lead
time
relative
to
the
implementation
dates
of
the
land­
based
nonroad
standards.
This
allows
time
for
the
carryover
of
technology
from
landbased
nonroad
and
commercial
marine
diesel
engines.
In
addition,
these
implementation
dates
represent
three
to
six
years
of
lead
time
beyond
publication
of
this
final
rule.

2.
Standard
Levels
Marine
diesel
engines
are
typically
derived
from
or
use
the
same
technology
as
land­
based
nonroad
and
commercial
marine
diesel
engines
and
should
therefore
be
able
to
effectively
use
the
same
emission­
control
strategies.
In
fact,
recreational
marine
engines
can
better
use
the
water
they
operate
in
as
a
cooling
medium
compared
with
commercial
marine,
because
they
are
able
to
use
raw­
water
aftercooling.
This
can
help
them
reduce
charge­
air
intake
temperatures
more
easily
than
the
commercial
models
and
much
more
easily
than
land­
based
nonroad
diesel
engines.
Cooling
the
intake
charge
reduces
the
formation
of
NOX
emissions
and
thus
indirectly
enables
other
HC
and
PM
control
strategies.
As
a
result,
baseline
recreational
engines
generally
have
lower
NOX
emissions
than
uncontrolled
commercial
marine
engines.
Therefore,
we
believe
that
recreational
marine
engines
can
meet
the
same
standard
levels
as
are
in
place
for
commercial
marine
engines
without
sacrificing
power
or
increasing
weight
of
the
engine.

3.
Technological
Approaches
We
anticipate
that
manufacturers
will
meet
the
new
emission
standards
for
recreational
marine
diesel
engines
primarily
with
technology
that
will
be
applied
to
land­
based
nonroad
and
commercial
marine
diesel
engines.
Much
of
this
technology
has
already
been
established
in
highway
applications
and
is
being
used
in
limited
land­
based
nonroad
and
marine
applications.
Our
analysis
of
this
technology
is
described
in
detail
in
Chapters
3
and
4
of
the
Final
Regulatory
Support
Document
and
is
summarized
here.
By
adopting
standards
that
don't
go
into
place
until
2006,
we
are
providing
engine
manufacturers
with
substantial
lead
time
for
developing,
testing,
and
implementing
emission­
control
technologies.
This
lead
time
and
the
coordination
of
standards
with
those
for
land­
based
nonroad
engines
allows
time
for
a
comprehensive
program
to
integrate
the
most
effective
emissioncontrol
approaches
into
the
manufacturers'
overall
design
goals
related
to
durability,
reliability,
and
fuel
consumption.
Engine
manufacturers
have
already
produced
limited
numbers
of
low­
NOX
marine
diesel
engines.
More
than
80
of
these
engines
have
been
placed
into
service
in
California
through
demonstration
programs.
Through
the
demonstration
programs,
we
were
able
to
gain
some
insight
into
what
technologies
can
be
used
to
meet
the
new
emission
standards.
Chapter
4
presents
data
on
25
of
these
engines
tested
over
the
E5
duty
cycle.
Although
only
one
of
these
engines
has
been
shown
to
meet
the
HC+
NOX
and
PM
standards,
many
of
these
engines
are
well
below
either
the
HC+
NOX
or
PM
standards
or
are
close
to
meeting
both.
With
further
optimization,
we
believe
these
engine
designs
can
be
used
to
meet
the
exhaust
emission
standards
for
recreational
marine
diesel
engines.
Highway
engines
have
been
the
leaders
in
developing
new
emissioncontrol
technology
for
diesel
engines.
Because
of
the
similar
engine
designs
in
land­
based
nonroad
and
marine
diesel
engines,
it
is
clear
that
much
of
the
technological
development
that
has
led
to
lower­
emitting
highway
engines
can
be
transferred
or
adapted
for
use
on
land­
based
nonroad
and
marine
engines.
Much
of
the
improvement
in
emissions
from
these
engines
comes
from
``
internal''
engine
changes
such
as
variation
in
fuel­
injection
variables
(
injection
timing,
injection
pressure,
spray
pattern,
rate
shaping),
modified
piston
bowl
geometry
for
better
air­
fuel
mixing,
and
improvements
intended
to
reduce
oil
consumption.
Introduction
and
ongoing
improvement
of
electronic
controls
have
played
a
vital
role
in
facilitating
many
of
these
improvements.
Turbocharging
is
widely
used
now
in
marine
applications,
especially
in
larger
engines,
because
it
improves
power
and
efficiency
by
compressing
the
intake
air.
Turbocharging
may
also
be
used
to
decrease
particulate
emissions
in
the
exhaust.
Today,
marine
engine
manufacturers
generally
have
to
rematch
the
turbocharger
to
the
engine
characteristics
of
the
marine
version
of
a
nonroad
engine
and
often
will
add
water
jacketing
around
the
turbocharger
housing
to
keep
surface
temperatures
low.
Once
the
nonroad
Tier
2
engines
are
available
to
the
marine
industry,
matching
the
turbochargers
for
the
engines
will
be
an
important
step
in
achieving
low
emissions.
Aftercooling
is
a
well
established
technology
for
reducing
NOX
by
decreasing
the
temperature
of
the
charge
air
after
it
has
been
heated
during
compression.
Decreasing
the
charge­
air
temperature
directly
reduces
the
peak
cylinder
temperature
during
combustion,
which
is
the
primary
cause
of
NOX
formation.
Air­
to­
water
and
water­
to­
water
aftercoolers
are
well
established
for
land­
based
applications.
For
engines
in
marine
vessels,
there
are
two
different
types
of
aftercooling:
jacket­
water
and
raw­
water
aftercooling.
With
jacket­
water
aftercooling,
the
fluid
that
extracts
heat
from
the
aftercooler
is
itself
cooled
by
ambient
water.
This
cooling
circuit
may
either
be
the
same
circuit
used
to
cool
the
engine
or
it
may
be
a
separate
circuit.
By
incorporating
a
separate
circuit,
marine
engine
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manufacturers
can
further
reduce
charge­
air
temperatures.
This
separate
circuit
can
result
in
even
lower
temperatures
with
raw
water
as
the
coolant.
This
means
that
ambient
water
is
pumped
directly
to
the
aftercooler.
Raw­
water
aftercooling
is
currently
widely
used
in
recreational
applications.
Because
of
the
access
that
marine
engines
have
to
a
large
ambient
water
cooling
medium,
we
anticipate
that
marine
diesel
engine
manufacturers
will
largely
reduce
NOX
emissions
with
aftercooling.
Electronic
controls
also
offer
great
potential
for
improved
control
of
engine
parameters
for
better
performance
and
lower
emissions.
Unit
pumps
or
injectors
allow
higher­
pressure
fuel
injection
with
rate
shaping
to
carefully
time
the
delivery
of
the
whole
volume
of
injected
fuel
into
the
cylinder.
Marine
engine
manufacturers
can
take
advantage
of
modifications
to
the
routing
of
the
intake
air
and
the
shape
of
the
combustion
chamber
of
nonroad
engines
for
improved
mixing
of
the
fuelair
charge.
Separate­
circuit
aftercooling
(
both
jacket­
water
and
raw­
water)
will
likely
gain
widespread
use
in
turbocharged
engines
to
increase
performance
and
lower
NOX.
Fuel
injection
changes
and
other
NOX
control
strategies
typically
reduce
engine
noise,
sometimes
dramatically.
One
important
source
of
noise
in
diesel
combustion
is
the
sound
associated
with
the
combustion
event
itself.
When
a
premixed
charge
of
fuel
and
air
ignites,
the
very
rapid
combustion
leads
to
a
sharp
increase
in
pressure,
which
is
easily
heard
and
recognized
as
the
characteristic
sound
of
a
diesel
engine.
The
conditions
that
lead
to
high
noise
levels
also
cause
high
levels
of
NOX
formation.
The
impact
of
the
new
emission
standards
on
energy
is
measured
by
the
effect
on
fuel
consumption
from
complying
engines.
Many
of
the
marine
engine
manufacturers
are
expected
to
retard
engine
timing
which
increases
fuel
consumption
somewhat.
Most
of
the
technology
changes
anticipated
in
response
to
the
new
standards,
however,
have
the
potential
to
reduce
fuel
consumption
as
well
as
emissions.
Redesigning
combustion
chambers,
incorporating
improved
fuel
injection
systems,
and
introducing
electronic
controls
provide
the
engine
designer
with
powerful
tools
for
improving
fuel
efficiency
while
simultaneously
controlling
emission
formation.
To
the
extent
that
manufacturers
add
aftercooling
to
non
aftercooled
engines
and
shift
from
jacket­
water
aftercooling
to
raw­
water
aftercooling,
there
will
be
a
marked
improvement
in
fuelefficiency
Manufacturers
of
highway
diesel
engines
have
been
able
to
steadily
improve
fuel
efficiency
even
as
new
emission
standards
required
significantly
reduced
emissions.
There
are
no
apparent
safety
issues
associated
with
the
new
emission
standards.
Marine
engine
manufacturers
will
likely
use
only
proven
technology
that
is
currently
used
in
other
engines
such
as
nonroad
land­
based
diesel
applications,
locomotives,
and
diesel
trucks.
The
main
technological
approach
will
likely
be
optimization
and
calibration
of
their
fuel
injection
and
air
management
systems.

4.
Our
Conclusions
The
new
emission
standards
for
recreational
marine
diesel
engines
reasonably
reflect
what
manufacturers
can
achieve
through
the
application
of
available
technology
to
current
recreational
marine
diesel
engines.
Recreational
marine
engine
manufacturers
will
need
to
use
the
available
lead
time
to
develop
the
necessary
emission­
control
strategies,
including
transfer
of
technology
from
land­
based
nonroad
and
commercial
marine
diesel
engines.
This
development
effort
will
require
not
only
achieving
the
targeted
emission
levels,
but
also
ensuring
that
each
engine
will
meet
all
performance
and
emission
requirements
over
its
useful
life.
As
discussed
in
Section
IX,
the
new
standards
represent
significant
reductions
compared
with
baseline
emission
levels.
Based
on
information
currently
available,
we
conclude
it
is
feasible
for
recreational
marine
diesel
engine
manufacturers
to
meet
the
new
emission
standards
using
combinations
of
technological
approaches
discussed
above
and
in
Chapters
3
and
4
of
the
Final
Regulatory
Support
Document.
While
the
technologies
described
above
are
expected
to
yield
the
full
degree
of
emission
reduction
anticipated,
it
is
possible
that
manufacturers
may
also
rely
on
a
modest
degree
of
fuel­
injection
timing
retard
as
a
strategy
for
complying
with
emission
standards.
This
is
due
to
variations
in
engine
designs
and
baseline
injection
timing.
For
instance,
an
engine
with
very
advanced
injection
timing
in
its
baseline
configuration
would
likely
need
to
employ
some
timing
retard
to
meet
the
standards.
The
transfer
of
technology
from
landbased
nonroad
and
commercial
marine
engines
is
an
important
factor
in
our
determination
that
the
recreational
marine
diesel
engine
standards
are
feasible.
Most
marine
diesel
engine
models
also
serve
in
land­
based
applications.
Sales
of
land­
based
versions
of
these
engines
are
usually
much
greater
than
those
of
the
marine
counterpart
versions,
so
manufacturers
typically
focus
their
primary
technology
development
efforts
on
their
land­
based
products.
Manufacturers
then
modify
these
engines
for
use
in
marine
applications.
These
changes
can
be
extensive,
but
they
rarely
involve
basic
R&
D
for
new
technologies.
We
do
not
anticipate
the
use
of
advanced
technology
such
as
particulate
filters
and
NOX
adsorbers
on
trucks
until
the
2007
time
frame.
Therefore,
we
do
not
believe
that
it
would
be
appropriate
to
implement
standards,
at
this
time,
that
would
require
the
use
of
advanced
technology
that
has
yet
to
be
developed
for
the
higher
volume
land­
based
diesel
engine
market.
We
would,
however,
consider
this
technology
in
the
future
for
setting
further
tiers
of
marine
engine
emission
standards.
In
addition,
we
have
incorporated
various
options
that
will
permit
marinizers
and
boat
builders
to
respond
to
engine
changes
in
an
orderly
way.
We
expect
that
meeting
these
requirements
will
pose
a
challenge,
but
one
that
is
feasible
taking
into
consideration
the
availability
and
cost
of
technology,
time,
noise,
energy,
and
safety.

VII.
General
Nonroad
Compliance
Provisions
This
section
describes
a
wide
range
of
compliance
provisions
that
apply
generally
to
all
the
spark­
ignition
engines
and
vehicles
subject
to
the
new
emission
standards.
Several
of
these
provisions
apply
not
only
to
manufacturers
and
importers,
but
also
to
equipment
manufacturers
installing
certified
engines,
remanufacturing
facilities,
operators,
and
others.
The
regulatory
text
for
the
compliance
requirements
for
Large
SI
engines
and
recreational
vehicles
are
in
a
new
Part
1068
of
Title
40,
entitled
``
General
Compliance
Programs
for
Nonroad
Engines.''
The
compliance
provisions
for
recreational
marine
diesel
engines
are
generally
the
same
as
those
already
adopted
for
commercial
marine
diesel
engines
(
40
CFR
part
94).
The
following
discussion
of
the
general
nonroad
provisions
follows
the
regulatory
text.
For
ease
of
reference,
the
subpart
designations
for
40
CFR
part
1068
are
provided.
Where
different
provisions
apply
to
the
marine
engines,
we
note
those
differences
in
this
section.

A.
Miscellaneous
Provisions
(
Part
1068,
Subpart
A)
This
subpart
contains
general
provisions
to
define
terms
and
the
scope
of
application
for
all
of
40
CFR
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85
EPA
acted
to
adjust
the
maximum
penalty
amount
in
1996
(
61
FR
69364,
December
31,
1996)
and
2002
(
67
FR
41343,
June
18,
2002).
See
also
40
CFR
part
19.
1068.
Other
provisions
concern
how
we
handle
confidential
information,
how
the
EPA
Administrator
delegates
decision­
making
authority,
and
when
we
may
inspect
a
manufacturer's
facilities,
engines,
or
records.
The
process
of
testing
engines
and
preparing
an
application
for
certification
requires
the
manufacturer
to
make
a
variety
of
judgments.
This
includes,
for
example,
selecting
test
engines,
operating
engines
between
tests,
and
developing
deterioration
factors.
The
regulations
describe
the
methodology
we
use
to
evaluate
concerns
related
to
how
manufacturers
use
good
engineering
judgment
in
cases
where
the
manufacturer
has
such
discretion
(
see
40
CFR
1068.5
and
40
CFR
94.221).
If
we
find
a
problem
in
these
areas,
we
will
take
into
account
the
degree
to
which
any
error
in
judgment
was
deliberate
or
in
bad
faith.
This
subpart
is
consistent
with
provisions
already
adopted
for
lightduty
highway
vehicles
and
commercial
marine
diesel
engines.

B.
Prohibited
Acts
and
Related
Requirements
(
Part
1068,
Subpart
B)
The
provisions
in
this
subpart
establish
a
set
of
prohibitions
for
engine
manufacturers
(
including
importers),
equipment
manufacturers,
operators,
engine
rebuilders,
and
owners/
operators
to
ensure
that
engines
meet
the
emission
standards.
These
provisions
are
intended
to
help
ensure
that
each
new
engine
sold
or
otherwise
entered
into
commerce
in
the
United
States
is
certified
to
the
relevant
standards,
that
it
remains
in
its
certified
configuration
throughout
its
lifetime,
and
that
only
certified
engines
are
used
in
the
appropriate
nonroad
equipment.

1.
General
Prohibitions
(
§
1068.101)
This
regulation
contains
several
prohibitions
consistent
with
the
Clean
Air
Act.
No
one
may
sell
a
new
engine
subject
to
the
emission
standards
(
or
equipment
containing
such
an
engine)
in
the
United
States
without
a
valid
certificate
of
conformity
issued
by
EPA,
deny
us
access
to
relevant
records,
or
keep
us
from
entering
a
facility
to
test
or
inspect
engines.
In
addition,
no
one
may
remove
or
disable
a
device
or
design
element
that
may
affect
an
engine's
emission
levels,
or
manufacture
any
device
that
will
make
emission
controls
ineffective,
which
we
consider
tampering.
Other
prohibitions
reinforce
manufacturers'
obligations
to
meet
various
certification
requirements.
We
also
prohibit
selling
engine
parts
that
prevent
emission­
control
systems
from
working
properly.
Finally,
for
engines
that
are
excluded
because
they
are
used
in
applications
not
covered
by
these
regulations
(
for
example,
stationary
or
solely
for
competition),
we
generally
prohibit
using
these
engines
in
regulated
applications.
These
prohibitions
are
the
same
as
those
that
apply
to
other
engines
we
have
regulated
in
previous
rulemakings.
Each
prohibited
act
has
a
corresponding
maximum
penalty
as
specified
in
Clean
Air
Act
section
205.
As
provided
for
in
the
Federal
Civil
Penalties
Inflation
Adjustment
Act
of
1990,
Pub.
L.
10
 
410,
these
maximum
penalties
are
periodically
adjusted
by
regulation
to
account
for
inflation.
The
current
penalty
amount
for
each
violation
is
$
31,500.85
2.
Equipment
Manufacturer
Provisions
(
§
1068.105)

Equipment
manufacturers
may
not
sell
new
equipment
with
uncertified
engines
once
the
emission
standards
begin
to
apply.
We
allow
a
grace
period
for
equipment
manufacturers
to
use
up
their
supply
of
uncertified
engines,
as
long
as
they
follow
their
normal
inventory
practices
for
buying
engines.
We
require
equipment
manufacturers
to
observe
the
engine
manufacturers'
emission­
related
installation
specifications
to
ensure
that
the
engine
remains
in
its
certified
configuration.
This
may
include
such
things
as
radiator
specifications,
placement
of
catalytic
converters,
diagnostic
signals
and
interfaces,
and
steps
to
minimize
evaporative
emissions.
If
equipment
manufacturers
install
a
certified
engine
in
a
way
that
obscures
the
engine
label,
they
must
add
a
duplicate
label
on
the
equipment.
If
equipment
manufacturers
don't
fulfill
the
responsibilities
we
describe
in
this
section,
we
consider
them
to
be
violating
one
or
more
of
the
prohibited
acts
described
above.

3.
In­
Service
Engines
(
§
1068.110)

The
regulations
prevent
manufacturers
from
requiring
owners
to
use
any
certain
brand
of
aftermarket
parts
and
give
the
manufacturer
responsibility
for
engine
servicing
related
to
emissions
warranty,
leaving
the
responsibility
for
all
other
maintenance
with
the
owner.
This
regulation
also
reserves
our
right
to
do
testing
(
or
require
testing)
to
determine
compliance
with
emission
standards
and
investigate
potential
defeat
devices,
as
authorized
by
the
Act.
4.
Engine
Rebuilding
(
§
1068.120)

We
are
establishing
rebuild
provisions
for
all
the
nonroad
engines
subject
to
the
emission
standards
in
this
final
rule.
This
approach
is
similar
to
what
applies
to
heavy­
duty
highway
engines,
nonroad
diesel
engines,
and
commercial
marine
diesel
engines.
This
is
necessary
to
prevent
an
engine
rebuilder
from
rebuilding
engines
in
a
way
that
disables
the
engine's
emission
controls
or
compromises
the
effectiveness
of
the
emission­
control
system.
For
businesses
involved
in
commercial
engine
rebuilding,
we
are
adopting
minimal
recordkeeping
requirements
so
rebuilders
can
show
that
they
comply
with
regulations.
In
general,
we
require
anyone
rebuilding
a
certified
engine
to
restore
it
to
its
original
(
or
a
lower­
emitting)
configuration.
We
are
adding
unique
requirements
for
rebuilders
to
replace
some
critical
emission­
control
components
such
as
fuel
injectors
and
oxygen
sensors
in
all
rebuilds
for
engines
that
use
those
technologies,
unless
there
is
reason
to
believe
that
those
components
are
still
working
properly.
We
also
require
that
rebuilders
replace
an
existing
catalyst
if
there
is
evidence
that
it
is
not
functional;
for
example,
if
a
catalyst
has
lost
its
physical
integrity
with
loose
pieces
rattling
inside,
it
would
need
to
be
replaced.
The
rebuilding
provisions
define
good
rebuilding
practices
to
avoid
violating
the
prohibition
on
``
removing
or
disabling''
emission­
control
systems.
We
are
therefore
extending
these
provisions
to
individuals
who
rebuild
their
own
engines,
but
without
any
recordkeeping
requirements.

C.
Exemptions
(
Part
1068,
Subpart
C)

We
are
including
several
exemptions
for
certain
specific
situations.
Most
of
these
are
consistent
with
previous
rulemakings.
We
highlight
the
new
or
different
provisions
in
the
following
paragraphs.
In
general,
exempted
engines
must
comply
with
the
requirements
only
in
the
sections
related
to
the
exemption.
Note
that
additional
restrictions
may
apply
to
importing
exempted
engines
(
see
Section
VII.
D).
Also,
we
may
require
manufacturers
(
or
importers)
to
add
a
permanent
label
describing
that
the
engine
is
exempt
from
emission
standards
for
a
specific
purpose.
In
addition
to
helping
us
enforce
emission
standards,
this
helps
ensure
that
imported
engines
clear
Customs
without
difficulty.

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/
Rules
and
Regulations
1.
Testing
Anyone
may
request
an
exemption
for
engines
used
only
for
research
or
other
investigative
purposes.

2.
Manufacturer­
Owned
Engines
Engines
that
are
used
by
engine
manufacturers
for
development
or
marketing
purposes
may
be
exempted
from
regulation
if
they
are
maintained
in
the
manufacturers'
possession
and
are
not
used
for
any
revenue­
generating
service.

3.
Display
Engines
Anyone
may
request
an
exemption
for
engines
intended
for
only
for
display.

4.
National
Security
In
general,
engines
installed
in
combat­
related
equipment
are
exempt
from
emission
standards.
In
addition,
engine
manufacturers
may
request
and
receive
an
exemption
for
other
engines
if
they
are
needed
by
an
agency
of
the
federal
government
responsible
for
national
defense.
The
request
for
exemptions
in
these
cases
must
include
the
endorsement
of
the
procuring
government
agency.

5.
Exported
Engines
Engines
that
will
be
exported
to
countries
that
don't
have
the
same
emission
standards
as
those
that
apply
in
the
United
States
are
exempted
without
a
request.
This
exemption
is
not
available
if
the
destination
country
has
the
same
emission
standards
as
those
in
the
United
States.

6.
Competition
Engines
New
engines
used
solely
for
competition
are
generally
excluded
or
exempted
from
regulations
that
apply
to
nonroad
engines.
For
purposes
of
our
certification
requirements,
manufacturers
receive
an
exemption
if
they
can
show
that
they
produce
an
engine
model
specifically
for
use
solely
in
competition.
In
addition,
engines
that
have
been
modified
for
use
in
competition
are
exempt
from
the
prohibition
against
tampering
described
above
(
without
need
for
request).
The
literal
meaning
of
the
term
``
used
solely
for
competition''
would
apply
for
these
modifications.
We
therefore
do
not
allow
anyone
to
use
the
engine
for
anything
other
than
competition
once
it
has
been
modified.
This
also
applies
to
someone
who
later
buys
the
engine,
so
we
require
the
person
modifying
the
engine
to
remove
or
deface
the
original
engine
label
and
inform
a
subsequent
buyer
in
writing
of
the
conditions
of
the
exemption.
7.
Replacement
Engines
An
exemption
is
available
to
engine
manufacturers
without
request
if
that
is
the
only
way
to
replace
an
engine
from
the
field
that
was
produced
before
the
current
emission
standards
took
effect.
If
less
stringent
standards
applied
to
the
old
engine
when
it
was
new,
the
replacement
engine
must
at
a
minimum
meet
those
standards.

8.
Hardship
Related
to
Economic
Burden
There
are
two
types
of
hardship
provisions.
The
first
type
of
hardship
program
allows
small
businesses
to
petition
EPA
for
up
to
three
years
of
additional
lead
time
to
comply
with
the
standards.
A
small
manufacturer
must
demonstrate
that
it
has
taken
all
possible
business,
technical,
and
economic
steps
to
comply
but
the
burden
of
compliance
costs
will
have
a
significant
impact
on
the
company's
solvency.
A
manufacturer
must
provide
a
compliance
plan
detailing
when
and
how
it
will
achieve
compliance
with
the
standards.
Hardship
relief
may
include
requirements
for
reducing
emission
on
an
interim
basis
and/
or
purchasing
and
using
emission
credits.
The
length
of
the
hardship
relief
decided
during
review
of
the
hardship
application
may
be
up
to
one
year,
with
the
potential
to
extend
the
relief
as
needed.
The
second
hardship
program
allows
companies
to
apply
for
hardship
relief
if
circumstances
outside
their
control
cause
the
failure
to
comply
(
such
as
a
supply
contract
broken
by
parts
supplier)
and
if
the
failure
to
sell
the
subject
engines
will
have
a
major
impact
on
the
company's
solvency.
We
would,
however,
not
grant
hardship
relief
if
contract
problems
with
a
specific
company
prevent
compliance
for
a
second
time.

9.
Hardship
for
Equipment
Manufacturers
Equipment
manufacturers
in
many
cases
depend
on
engine
manufacturers
to
supply
certified
engines
in
time
to
produce
complying
equipment
by
the
date
emission
standards
begin
to
apply.
This
is
especially
true
for
industrial
and
marine
applications.
In
other
programs,
equipment
manufacturers
have
raised
concerns
of
certified
engines
being
available
too
late
for
equipment
manufacturers
to
adequately
accommodate
changing
engine
size
or
performance
characteristics.
To
address
this
concern,
in
unusual
circumstances,
equipment
manufacturers
may
request
up
to
one
extra
year
before
using
certified
engines
if
they
are
not
at
fault
and
will
face
serious
economic
hardship
without
an
extension.
In
addition,
we
are
aware
that
some
manufacturers
of
nonroad
engines
are
dependent
on
another
engine
manufacturer
to
supply
base
engines
that
are
then
modified
for
the
final
application.
Much
like
equipment
manufacturers,
these
``
secondary
engine
manufacturers''
may
face
difficulty
in
producing
certified
engines
if
the
manufacturer
selling
the
base
engine
makes
an
engine
model
unavailable
with
short
notice.
These
secondary
manufacturers
generally
each
buy
a
relatively
small
number
of
engines
and
would
therefore
not
necessarily
be
able
to
influence
the
marketing
or
sales
practices
of
the
engine
selling
the
base
engines.
In
this
rulemaking,
this
is
of
particular
concern
for
Large
SI
engine
manufacturers
subject
to
new
standards
in
2004.
As
a
result,
we
are
allowing
secondary
engine
manufacturers
to
sell
uncertified
engines
or
engines
certified
at
emission
levels
above
the
standard
for
a
short
period
after
emission
standards
begin
to
apply.
However,
these
companies
control
the
final
design
of
the
engines,
so
we
would
not
approve
any
exemption
unless
the
manufacturer
committed
to
a
plan
to
make
up
for
any
calculated
loss
in
environmental
benefit.
For
example,
based
on
an
alternate
compliance
level
for
2004
model
year
engines,
we
could
calculate
the
number
of
2006
model
year
engines
that
would
need
to
be
certified
early
to
the
2007
emission
standards.
Provisions
similar
to
these
were
adopted
for
commercial
marine
diesel
engines
and
will
apply
equally
to
recreational
marine
diesel
engines.
See
the
regulatory
text
in
40
CFR
1068.255
and
40
CFR
94.209
for
additional
information.

D.
Imports
(
Part
1068,
Subpart
D)
In
general,
the
same
certification
requirements
apply
to
engines
and
equipment
whether
they
are
produced
in
the
U.
S.
or
are
imported.
This
regulation
also
includes
some
additional
provisions
that
apply
if
someone
wants
to
import
an
exempted
or
excluded
engine.
For
example,
the
importer
needs
appropriate
documentation
before
importing
nonconforming
engines;
this
is
true
even
if
an
exemption
for
the
same
reason
doesn't
require
approval
for
engines
produced
in
the
U.
S.
These
declaration
forms
are
available
on
the
Internet
at
http://
www.
epa.
gov/
OMS/
imports/
or
by
phone
at
202
 
564
 
9660.
All
the
exemptions
described
above
for
new
engines
also
apply
to
importation,
though
some
of
these
apply
only
on
a
temporary
basis.
If
we
approve
a
temporary
exemption,
it
is
available
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Rules
and
Regulations
only
for
a
defined
period
and
could
require
the
importer
to
post
bond
while
the
engine
is
in
the
U.
S.
There
are
several
additional
exemptions
that
apply
only
to
imported
engines.
 
Identical
configuration:
This
is
a
permanent
exemption
to
allow
individuals
to
import
engines
that
were
designed
and
produced
to
meet
applicable
emission
standards.
These
engines
may
not
have
the
emission
label
only
because
they
were
not
intended
for
sale
in
the
United
States.
This
exemption
applies
to
all
the
engines
covered
by
40
CFR
part
1068.
 
`
`
Antique''
engines:
We
generally
treat
used
engines
as
new
if
they
are
imported
without
a
certificate
of
conformity.
However,
this
permanent
exemption
allows
for
importation
of
uncertified
engines
if
they
are
more
than
20
years
old
and
still
in
their
original
configuration.
 
Repairs
or
alterations:
This
is
a
temporary
exemption
to
allow
companies
to
repair
or
modify
engines.
This
exemption
does
not
allow
for
operating
the
engine,
except
as
needed
to
do
the
intended
work.
 
Diplomatic
or
military:
This
is
a
temporary
exemption
to
allow
diplomatic
or
military
personnel
to
use
uncertified
engines
during
their
term
of
service
in
the
U.
S.
 
Engines
subject
to
other
programs:
This
is
a
temporary
exemption
that
allows
someone
to
import
an
uncertified
engine
that
will
be
converted
for
use
in
a
different
application.
For
example,
someone
may
want
to
import
a
landbased
nonroad
engine
to
modify
it
and
eventually
sell
it
as
a
marine
engine.
This
exemption
expires
when
the
engine
modifications
are
complete,
since
one
of
the
following
scenarios
will
apply
(
1)
the
company
modifying
the
engine
will
modify
the
engine
to
meet
emission
standards
that
apply
to
the
modified
engine,
(
2)
the
company
will
have
a
valid
exemption
under
the
program
that
applies
to
the
modified
engine,
or
(
3)
the
modified
engine
will
not
be
subject
to
emission
standards,
in
which
case
an
exemption
is
no
longer
necessary.

E.
Selective
Enforcement
Audit
(
Part
1068,
Subpart
E)

Clean
Air
Act
section
206(
b)
gives
us
the
discretion
in
any
program
with
vehicle
or
engine
emission
standards
to
do
selective
enforcement
auditing
of
production
engines.
In
selective
enforcement
auditing,
we
choose
an
engine
family
and
give
the
manufacturer
a
test
order
detailing
a
testing
program
to
show
that
production­
line
engines
meet
emission
standards.
The
regulation
text
describes
the
audit
procedures
in
greater
detail.
We
intend
generally
to
rely
on
manufacturers'
testing
of
productionline
engines
to
show
that
their
production
process
is
producing
engines
in
compliance
they
comply
with
emission
standards.
However,
we
reserve
our
right
to
do
selective
enforcement
auditing
if,
for
example,
we
have
reason
to
question
the
emission
testing
conducted
and
reported
by
the
manufacturer.

F.
Defect
Reporting
and
Recall
(
Part
1068,
Subpart
F)

In
Part
1068,
Subpart
F,
we
are
adopting
defect
reporting
requirements
that
obligate
manufacturers
to
tell
us
when
they
learn
that
emission
control
systems
are
defective
and
to
conduct
investigations
under
certain
circumstances
to
determine
if
an
emission­
related
defect
is
present.
We
are
also
requiring
that
manufacturers
use
warranty
information,
parts
shipments,
and
any
other
information
which
may
be
available
to
trigger
these
investigations.
For
the
purpose
of
this
subpart,
we
are
considering
defective
any
part
or
system
that
does
not
function
as
originally
designed
for
the
regulatory
useful
life
of
the
engine
or
the
scheduled
replacement
interval
specified
in
the
manufacturer's
maintenance
instructions.
For
recreational
vehicles
and
nonroad
spark­
ignition
engines
over
19
kW,
this
approach
to
defect
reporting
takes
into
account
the
varying
sales
volumes
of
the
different
products.
We
believe
the
investigation
requirement
in
this
rule
will
allow
both
EPA
and
the
engine
manufacturers
to
fully
understand
the
significance
of
any
unusually
high
rates
of
warranty
claims
and
parts
replacement
for
systems
or
parts
that
may
have
an
impact
on
emissions.
We
believe
that
any
prudent
and
responsible
engine
manufacturer
would,
and
should,
conduct
a
thorough
investigation
as
part
of
its
normal
product
quality
practices
when
in
possession
of
data
indicating
an
usually
high
number
of
recurring
parts
failures.
In
the
past,
defect
reports
were
submitted
based
on
a
very
low
threshold
with
the
same
threshold
applicable
to
all
size
engine
families
and
with
little
information
about
the
full
extent
of
the
problem.
The
new
approach
should
result
in
fewer
overall
defect
reports
being
submitted
by
manufacturers
than
would
otherwise
be
required
under
the
old
defect
reporting
requirements
because
the
number
of
defects
triggering
the
submission
requirement
rises
with
the
engine
family
size.
The
defect
reporting
requirements
under
other
vehicle
and
engine
regulations
do
not
explicitly
require
investigations
or
reporting
based
on
information
available
to
the
manufacturer
about
warranty
claims
or
parts
shipments.
Such
information
is
valuable
and
readily
available
to
most
manufacturers
and
should
be
considered
when
determining
whether
or
not
there
is
a
defect
of
an
emissionrelated
part.
We
are
aware
that
counting
warranty
claims
and
part
shipments
will
likely
include
many
claims
that
are
not
emission­
related
or
that
do
not
represent
defects,
so
we
are
establishing
a
relatively
high
threshold
for
triggering
the
manufacturer's
responsibility
to
investigate
whether
there
is
in
fact
a
real
occurrence
of
an
emission­
related
defect.
Manufacturers
are
not
required
to
count
towards
the
investigation
threshold
any
replacement
parts
they
require
to
be
replaced
during
the
useful
life,
as
specified
in
the
application
for
certification
and
maintenance
instructions
to
the
owner,
because
such
part
shipments
clearly
do
not
represent
defects.
Subpart
F
is
intended
to
require
manufacturers
to
use
information
we
would
expect
them
to
keep
in
the
normal
course
of
business.
We
believe
in
most
cases
manufacturers
will
not
be
required
to
institute
new
programs
or
activities
to
monitor
product
quality
or
performance.
A
manufacturer
that
does
not
keep
warranty
or
replacement
part
information
may
ask
for
our
approval
to
use
an
alternate
defect­
reporting
methodology
that
is
at
least
as
effective
in
identifying
and
tracking
potential
emissions
related
defects
as
the
requirements
of
subpart
F.
However,
until
we
approve
such
a
request,
the
thresholds
and
procedures
of
subpart
F
continue
to
apply.
For
engines
with
rated
power
below
560
kW,
the
investigation
thresholds
in
40
CFR
1068.501
are
4
percent
of
total
production,
or
4,000
engines,
whichever
is
less,
for
any
single
engine
family
in
one
model
year.
The
thresholds
are
reduced
by
50
percent
for
defects
related
to
aftertreatment
devices,
because
these
components
typically
play
such
a
significant
role
in
controlling
engine
emissions.
For
example,
for
an
engine
family
with
a
sales
volume
of
20,000
units
in
a
given
model
year,
the
manufacturer
must
investigate
for
emission­
related
defects
if
there
were
warranty
claims
for
replacing
electronic
control
units
in
800
or
more
engines
or
catalytic
converters
on
400
or
more
engines.
For
a
family
with
sales
volume
of
200,000
units
in
a
given
model
year,
the
manufacturer
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Rules
and
Regulations
must
investigate
for
emission­
related
defects
if
there
were
warranty
claims
for
replacing
electronic
control
units
in
4,000
or
more
engines
or
catalytic
converters
on
2,000
or
more
engines.
For
engines
rated
above
560
kW,
each
engine
emits
much
greater
levels
of
emissions,
both
because
of
the
higher
power
rating
and
the
fact
that
these
engines
generally
operate
at
high
load
and
for
long
periods.
In
addition,
the
engine
family
for
such
engines
are
typically
of
smaller
volume
compared
to
the
lower
power
engines.
We
are
therefore
adopting
a
requirement
that
manufacturers
investigate
defects
for
these
engines
if
they
learn
of
5
or
more
defects
that
may
be
emission­
related,
or
1
percent
of
total
production,
whichever
is
greater.
The
second
threshold
in
40
CFR
1068.501
specifies
when
a
manufacturer
must
report
that
there
is
an
emissionrelated
defect.
This
threshold
involves
a
smaller
number
of
engines
because
each
possible
occurrence
has
been
screened
to
confirm
that
it
is
an
emission­
related
defect.
In
counting
engines
to
compare
with
the
defect­
reporting
threshold,
the
manufacturer
must
consider
a
single
engine
family
and
model
year.
However,
when
a
defect
report
is
required,
the
manufacturer
must
report
all
occurrences
of
the
same
defect
in
all
engine
families
and
all
model
years.
For
engines
with
rated
power
below
560
kW,
the
threshold
for
reporting
a
defect
is
0.25
percent
of
total
production
for
any
single
engine
family,
or
250
defects,
whichever
is
less.
The
thresholds
are
reduced
50
percent
for
reporting
defects
related
to
aftertreatment
devices.
For
engines
with
rated
power
greater
than
560kW,
the
threshold
for
reporting
defects
is
0.5
percent
of
total
production,
or
2
engines,
whichever
is
greater.
If
the
number
of
engines
with
a
specific
defect
is
found
to
be
less
than
the
threshold
for
submitting
a
defect
report,
but
information,
such
as
warranty
or
parts
shipment
data,
later
indicates
that
there
may
be
additional
defective
engines,
all
the
information
must
be
considered
in
determining
whether
the
threshold
for
submitting
a
defect
report
has
been
met.
If
a
manufacturer
has
actual
knowledge
from
any
source
that
the
threshold
for
submitting
a
defect
report
has
been
met,
a
defect
report
must
be
submitted
even
if
the
trigger
for
investigating
has
not
yet
been
met.
For
example,
if
manufacturers
receive
from
their
dealers,
technical
staff
or
other
field
personnel
information
showing
conclusively
that
there
is
a
recurring
emission­
related
defect,
they
must
submit
a
defect
report.
At
specified
times
the
manufacturer
must
also
report
the
open
investigations
as
well
as
recently
closed
investigations
that
did
not
require
a
defect
report.
One
manufacturer
indicated
that
investigations
of
potential
defects
can
sometimes
take
a
long
time.
We
agree
and,
therefore,
are
not
specifying
a
time
limit
for
manufacturers
to
complete
their
investigations.
The
periodic
reports
required
by
the
regulations,
however,
will
allow
us
to
monitor
these
investigations
and
determine
if
it
is
necessary
or
appropriate
for
us
to
take
further
action.
In
general,
we
believe
this
updated
approach
to
defect
reporting
will
decrease
the
number
of
defect
reports
submitted
by
manufacturers
overall
while
significantly
improving
their
quality
and
their
value
to
both
EPA
and
the
manufacturer.
We
are
adopting
the
defect­
reporting
requirements
for
recreational
marine
diesel
engines
that
already
apply
to
Category
1
commercial
marine
diesel
engines
(
40
CFR
94.403).
In
general,
this
requires
the
manufacturer
to
report
to
us
if
they
learn
that
25
or
more
models
have
a
specific
defect,
without
considering
what
percentage
of
the
total
engines
that
represents.
This
applies
to
the
occurrence
of
the
same
defect
and
is
not
constrained
by
engine
family
or
model
year.
We
believe
it
would
not
be
appropriate
to
have
different
defectreporting
requirements
for
different
types
of
marine
diesel
engines,
so
we
are
not
adopting
the
defect­
reporting
provisions
described
above
for
recreational
marine
diesel
engines
at
this
time.
In
the
future
we
may
consider
whether
the
defect­
reporting
methodology
described
above
should
apply
to
recreational
and
commercial
marine
diesel
engines.
Under
Clean
Air
Act
section
207,
if
we
determine
that
a
substantial
number
of
engines
within
an
engine
family,
though
properly
used
and
maintained,
do
not
conform
to
the
appropriate
emission
standards,
the
manufacturer
will
be
required
to
conduct
a
recall
of
the
noncomplying
engine
family
to
remedy
the
problem.
However,
we
also
recognize
the
practical
difficulty
in
implementing
an
effective
recall
program
for
nonroad
engines.
It
may
be
difficult
to
properly
identify
all
the
affected
owners
absent
a
nationwide
registration
requirement
similar
to
that
for
cars
and
trucks.
The
response
rate
for
affected
owners
or
operators
to
an
emission­
related
recall
notice
is
also
a
critical
issue
to
consider.
We
recognize
that
in
some
cases,
recalling
noncomplying
nonroad
engines
may
not
achieve
sufficient
environmental
protection,
so
our
intent
in
such
situations
is
generally
to
allow
manufacturers
to
nominate
alternative
remedial
measures
to
address
most
potential
noncompliance
situations.
We
expect
that
successful
implementation
of
appropriate
alternative
remediation
would
obviate
the
need
for
us
to
make
a
determination
of
substantial
nonconformity
under
section
207
of
the
Act.
Alternatives
nominated
by
a
manufacturer
will
be
evaluated
based
on
the
following
criteria.
The
alternatives
should
 
(
1)
Represent
a
new
initiative
that
the
manufacturer
was
not
otherwise
planning
to
perform
at
that
time,
with
a
clear
connection
to
the
emission
problem
demonstrated
by
the
engine
family
in
question;
(
2)
Cost
more
than
foregone
compliance
costs
and
consider
the
time
value
of
the
foregone
compliance
costs
and
the
foregone
environmental
benefit
of
the
engine
family;
(
3)
Offset
at
least
100
percent
of
the
emission
exceedance
relative
to
that
required
to
meet
emission
standards
(
or
Family
Emission
Limits);
and
(
4)
Be
possible
to
implement
effectively
and
expeditiously
and
to
complete
in
a
reasonable
time.
These
criteria,
and
any
other
appropriate
factors,
will
guide
us
in
evaluating
projects
to
determine
whether
their
nature
and
burden
is
appropriate
to
remedy
the
environmental
impact
of
the
nonconformity.

G.
Hearings
(
Part
1068,
subpart
G)
Manufacturers
have
the
opportunity
to
challenge
our
decisions
related
to
implementing
this
final
rule.
We
are
adopting
hearing
procedures
consistent
with
those
currently
in
place
for
highway
engines
and
vehicles.

VIII.
General
Test
Procedures
This
rule
establishes
new
engine
testing
regulations
in
40
CFR
part
1065.
These
regulations
will
apply
to
anyone
who
tests
engines
to
show
that
they
meet
the
emission
standards
for
snowmobiles,
ATV,
motorcycles,
or
Large
SI
engines.
This
includes
certification
testing,
as
well
as
all
production­
line
and
in­
use
testing.
See
the
program
descriptions
above
for
testing
provisions
that
are
unique
to
different
engine
categories.
The
regulatory
text
in
40
CFR
part
1065
is
written
recognizing
that
we
may
someday
apply
these
procedures
more
broadly
to
other
EPA
engine
testing
programs.
If
we
decide
to
apply
these
provisions
to
other
engines
in
future
rulemaking,
we
would
incorporate
necessary
additions
or
changes
at
that
time.
Recreational
marine
diesel
engines
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Regulations
86
See
the
final
rule
for
commercial
marine
diesel
engines
for
a
broader
discussion
of
maximum
test
speed
(
64
FR
73300,
December
29,
1999).
must
be
tested
using
the
procedures
already
adopted
in
40
CFR
part
94.

A.
General
Provisions
As
we
have
done
in
previous
programs,
we
are
adopting
specific
test
procedures
to
define
how
to
measure
emissions,
but
allow
alternate
procedures
if
they
are
shown
to
be
equivalent
to
our
specified
procedures.
The
test
procedures
in
40
CFR
part
1065
are
derived
from
our
test
procedures
in
40
CFR
part
86
for
highway
heavy­
duty
gasoline
engines
and
light­
duty
vehicles.
The
procedures
have
been
simplified
(
and
to
some
extent
generalized)
to
better
fit
nonroad
engines.

B.
Laboratory
Testing
Equipment
The
regulations
do
not
specify
the
type
of
engine
or
chassis
dynamometer
to
use
during
testing.
Rather,
they
include
performance
criteria
that
must
be
met
during
each
test.
These
criteria
are
intended
to
ensure
that
deviations
from
the
specified
speed
and
load
duty
cycle
are
small.
Measuring
emissions
during
transient
operation
calls
for
a
greater
degree
of
sophistication
than
steady­
state
testing.
For
chassis
testing
of
recreational
vehicles,
we
are
adopting
the
specifications
established
in
40
CFR
part
86
for
highway
engines.
For
Large
SI
engines,
we
based
the
dynamometer
specifications
around
the
capabilities
of
current
dynamometers
with
enhanced
control
capabilities.
While
EPA
confirmatory
testing
with
transient
duty
cycles
must
meet
the
prescribed
specifications,
manufacturers
may
ask
for
approval
to
run
tests
with
relaxed
requirements
for
following
the
trace
of
the
transient
duty
cycle.
Manufacturers
would
have
an
incentive
to
accurately
reproduce
the
test
cycle
to
ensure
compliance
with
emission
standards,
but
would
be
able
to
use
otherwise
invalidated
tests
if
the
degree
of
variance
from
the
test
cycle
does
not
call
into
question
the
engine's
reported
emission
levels.
In
addition,
for
transient
testing
with
recreational
vehicles
and
any
testing
with
Large
SI
engines,
the
regulations
specify
that
emissions
must
be
measured
using
a
full­
dilution
constantvolume
sampler
(
CVS)
like
those
used
to
measure
emissions
from
highway
engines.
This
means
that
during
a
test,
an
engine's
exhaust
is
routed
into
a
dilution
tunnel
where
it
is
mixed
with
air
and
then
sampled
using
a
bag
sampler
system.
After
the
test,
the
concentrations
of
HC,
CO,
and
NOX
in
the
bag
is
measured
using
conventional
laboratory
analyzers.
For
Large
SI
engines
and
snowmobiles,
the
steady­
state
test
procedures
specify
measuring
emissions
with
dilute­
sampling
equipment.
Some
manufacturers
have
expressed
a
preference
to
continue
with
their
established
practice
of
using
rawsampling
equipment
and
procedures.
While
we
believe
dilute­
sampling
is
most
appropriate
for
these
engines,
the
provisions
for
alternate
testing
procedures
may
allow
for
raw­
sampling
measurements
for
steady­
state
testing.
As
specified
in
40
CFR
1065.10(
c)(
3)
of
the
regulations,
we
allow
manufacturers
to
use
alternate
procedures
shown
to
be
equivalent
to
the
specified
procedures.
We
are
also
including
an
interim
provision
for
snowmobiles
to
allow
manufacturers
to
use
the
raw­
sampling
procedures
in
40
CFR
part
91
for
a
few
years
before
they
are
required
to
show
equivalence
with
the
dilute­
sampling
procedures.
This
option
will
allow
manufacturers
to
focus
their
engineering
efforts
on
reducing
emissions
during
the
start
of
the
program.

C.
Laboratory
Testing
Procedures
The
specific
procedures
for
running
emission
tests
are
outlined
briefly
here,
with
a
more
detailed
description
of
the
most
significant
aspects.
Before
testing
the
engine,
it
is
necessary
to
operate
it
enough
to
stabilize
emission
levels
or
to
make
it
more
representative
of
in­
use
engines.
This
is
called
service
accumulation
and
may
take
one
of
two
forms.
In
the
first
method,
a
new
engine
is
operated
for
up
to
50
hours
as
a
breakin
period.
This
is
done
for
most
or
all
emission­
data
engines.
The
second
method
is
much
longer,
up
to
the
full
useful
life,
and
is
done
to
determine
deterioration
factors.
Once
an
engine
is
ready
for
testing,
it
is
connected
to
the
dynamometer
with
its
exhaust
flowing
into
the
dilution
tunnel.
The
dynamometer
is
controlled
to
make
the
engine
follow
the
specified
duty
cycle.
A
continuous
sample
is
collected
from
the
dilution
tunnel
for
each
test
segment
or
test
mode
using
sample
bags.
These
bags
are
then
analyzed
to
determine
the
concentrations
of
HC,
CO,
and
NOX.

1.
Test
Speeds
The
definition
of
maximum
test
speed,
where
speed
is
the
angular
velocity
of
an
engine's
crankshaft
(
usually
expressed
in
revolutions
per
minute,
or
rpm),
is
an
important
aspect
of
most
duty
cycles.
Until
recently,
we
relied
on
engine
manufacturers
to
declare
reasonable
rated
speeds
for
their
engines
and
then
used
the
rated
speed
as
the
maximum
test
speed.
However,
to
have
a
more
objective
measure
of
an
engine's
maximum
test
speed,
we
have
established
a
specific
procedure
for
measuring
this
engine
parameter.
86
We
define
the
maximum
test
speed
for
any
engine
to
be
the
single
point
on
an
engine's
maximum­
power
versus
speed
curve
that
lies
farthest
away
from
the
zero­
power,
zero­
speed
point
on
a
normalized
maximum­
power
versus
speed
plot.
In
other
words,
consider
straight
lines
drawn
between
the
origin
(
speed
=
0,
load
=
0)
and
each
point
on
an
engine's
normalized
maximumpower
versus
speed
curve.
Maximum
test
speed
is
defined
at
that
point
where
the
length
of
this
line
reaches
its
maximum
value.
For
constant­
speed
engines,
maximum
test
speed
is
the
engine's
rated
speed.
Intermediate
speed
for
steady­
state
duty
cycles
is
defined
as
the
speed
at
which
the
engine
generates
its
maximum
torque
value.
However,
in
cases
where
the
maximum
torque
occurs
at
a
speed
that
is
less
than
60
percent
or
greater
than
75
percent
of
the
rated
speed,
the
intermediate
speed
is
often
specified
as
either
60
or
75
percent
of
rated
speed,
whichever
is
closer
to
the
speed
of
maximum
torque.
The
maximum
test
speed
described
above
is
used
to
calculate
these
percentage
values
relative
to
rated
speed.

2.
Maintenance
As
described
in
Section
II.
C.
1,
we
are
limiting
the
amount
of
scheduled
maintenance
manufacturers
may
prescribe
for
their
customers
to
ensure
that
engines
continue
to
meet
emission
standards.
If
manufacturers
specify
unreasonably
frequent
maintenance,
there
would
be
little
assurance
that
inuse
engines
would
continue
to
operate
at
certified
emission
levels.
We
also
apply
these
minimum
maintenance
intervals
to
engines
the
manufacturer
operates
for
service
accumulation
before
testing
for
emissions.
For
example,
manufacturers
may
not
install
a
new
catalyst
on
a
Large
SI
engine
after
2,000
hours
of
operation,
then
select
that
engine
for
the
in­
use
testing
program.
Similarly,
manufacturers
may
not
replace
fuel­
system
components
on
a
recreational
vehicle
during
the
course
of
service
accumulation
for
establishing
deterioration
factors.
We
do
not
restrict
scheduling
of
routine
maintenance
items,
such
as
changing
engine
oil
and
replacing
oil,
fuel,
or
air
filters.
We
may
also
allow
changing
spark
plugs,
even
though
we
are
aware
that
spark
plugs
may
affect
emissions.

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and
Regulations
D.
Other
Testing
Procedures
As
noted
in
earlier
sections,
we
are
establishing
some
special
test
procedures
for
field
testing
situations.
These
special
procedures
are
designed
to
apply
to
specific
types
of
engines,
and
thus
do
not
apply
generally
to
all
engines
covered
by
this
rulemaking.
You
should
read
the
specific
applicable
section
to
determine
if
such
special
test
procedures
apply
to
any
specific
category
of
engines
or
vehicles.

IX.
Projected
Impacts
This
section
summarizes
the
projected
impacts
of
the
emission
standards.
The
anticipated
reduction
in
emissions
is
compared
with
the
projected
cost
of
the
program
for
an
assessment
of
the
cost
per
ton
of
reducing
emissions
for
this
rule.
The
section
includes
the
results
of
the
analysis
for
the
Final
Program.
We
have
also
analyzed
the
impacts
of
different
alternatives
for
each
of
the
program
areas.
This
analysis
of
alternatives,
for
the
most
part,
focused
on
more
or
less
stringent
alternative
standards.
For
recreational
marine
diesels,
the
alternatives
analyzed
were
applying
draft
European
standards
or
implementing
our
primary
program
two
years
earlier.
For
the
Large
SI
category,
the
alternative
focused
on
adopting
a
steady­
state
only
2007
requirement.
For
off­
highway
motorcycles,
we
analyzed
a
more­
stringent
1.0
g/
km
standard
and
a
less­
stringent
4.0
g/
km
standard
for
HC
+
NOX
control.
With
ATVs,
the
alternatives
presented
were
a
2.0
g/
km
and
a
1.0
g/
km
HC
+
NOX
standard.
For
snowmobiles,
we
analyzed
four
alternatives,
ranging
from
only
adopting
one
phase
of
standards
in
2006
to
a
standard
that
would
require,
on
average,
reductions
of
85%
HC
and
50%
CO
from
baseline
emissions.
Additional
detailed
discussion
on
these
alternatives
and
the
results
of
the
alternatives
analysis
are
presented
in
Chapter
11
of
the
RSD.

A.
Environmental
Impact
To
estimate
nonroad
engine
and
vehicle
emission
contributions,
we
used
the
latest
version
of
our
NONROAD
emissions
model.
This
model
computes
emission
levels
for
a
wide
variety
of
nonroad
engines,
and
uses
information
on
emission
rates,
operating
data,
and
population
to
determine
annual
emission
levels
of
various
pollutants.
A
more
detailed
description
of
the
methodology
used
for
projecting
inventories
and
projections
for
additional
years
can
be
found
in
the
Chapter
6
of
the
Final
Regulatory
Support
Document.
Tables
IX.
A
 
1
and
IX.
A
 
2
contain
the
projected
emission
inventories
for
calendar
year
2010
from
the
engines
and
vehicles
subject
to
this
rulemaking
under
the
base
case
(
i.
e.,
without
the
standards
taking
effect)
and
assuming
the
standards
take
effect.
Tables
IX.
A
 
3
and
IX.
A
 
4
contain
the
projected
emission
inventories
for
calendar
year
2020.
The
percent
reductions
based
on
a
comparison
of
estimated
emission
inventories
with
and
without
the
emission
standards
are
also
presented
in
each
of
the
tables.

TABLE
IX.
A
 
1.
 
2010
PROJECTED
HC
AND
NOX
EMISSIONS
INVENTORIES
[
Thousand
short
tons]

Category
HC*
NOX
Base
case
With
standards
Percent
reduction
Base
case
With
standards
Percent
reduction
Large
SI
.............................................................................................
268
88
67
389
118
70
Snowmobiles
......................................................................................
297
250
16
3
4
(
16)
ATVs
..................................................................................................
308
211
31
7
6
11
Off­
highway
motorcycles
....................................................................
193
155
20
1.1
1.2
(
8)
Recreational
marine
diesel
................................................................
1.6
1.5
10
49
46
7
Total
........................................................................................
1,066
705
34
450
174
61
*
The
estimate
for
Large
SI
includes
both
exhaust
HC
and
evaporative
HC
emissions.
The
estimates
for
snowmobiles,
ATVs
and
Off­
highway
motorcycles
includes
both
exhaust
HC
and
permeation
HC
emissions.
The
estimate
for
recreation
marine
diesel
includes
exhaust
HC
emissions.

TABLE
IX.
A
 
2.
 
2010
PROJECTED
CO
AND
PM
EMISSIONS
INVENTORIES
[
Thousand
short
tons]

Category
CO
PM
Base
case
With
standards
Percent
reduction
Base
case
With
standards
Percent
reduction
Large
SI
...................................................................................................
2,022
945
53
1.9
1.9
0
Snowmobiles
............................................................................................
775
670
14
7.0
6.7
4
ATVs
........................................................................................................
1,042
989
5
10.8
7.4
32
Recreational
marine
diesel
......................................................................
8
8
0
1.3
1.2
6
Off­
highway
motorcycles
..........................................................................
266
239
10
7.3
5.8
20
Total
..............................................................................................
4,113
2,851
31
28.3
23.0
19
TABLE
IX.
A
 
3.
 
2020
HC
AND
NOX
PROJECTED
EMISSIONS
INVENTORIES
[
Thousand
short
tons]

Category
HC*
NOX
Base
case
With
standards
Percent
reduction
Base
case
With
standards
Percent
reduction
Large
SI
...............................................................................................
318
34
89
472
43
91
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8,
2002
/
Rules
and
Regulations
87
For
further
information
on
learning
curves,
see
Chapter
5
of
the
Economic
Impact,
from
Regulatory
Impact
Analysis­
Control
if
Air
Pollution
from
New
Motor
Vehicles:
Tier
2
Motor
Vehicle
Emission
Standards
and
Gasoline
Sulfur
Control
Requirements,
EPA420­
R
 
99
 
023,
December
1999.
A
copy
of
this
document
is
included
in
Air
Docket
A
 
2000
 
01,
at
Document
No.
II­
A
 
83.
The
interested
reader
should
also
refer
to
previous
final
rules
for
Tier
2
highway
vehicles
(
65
FR
6698,
February
10,
2000),
marine
diesel
engines
(
64
FR
73300,
December
29,
1999),
nonroad
diesel
engines
(
63
FR
56968,
October
23,
1998),
and
highway
diesel
engines
(
62
FR
54694,
October
21,
1997).
TABLE
IX.
A
 
3.
 
2020
HC
AND
NOX
PROJECTED
EMISSIONS
INVENTORIES
 
Continued
[
Thousand
short
tons]

Category
HC*
NOX
Base
case
With
standards
Percent
reduction
Base
case
With
standards
Percent
reduction
Snowmobiles
........................................................................................
358
149
58
5
10
(
101)
ATVs
....................................................................................................
374
53
86
8
6
25
Off­
highway
motorcycles
......................................................................
232
117
50
1.3
1.5
(
19)
Recreational
marine
diesel
..................................................................
2.0
1.5
28
61
48
21
Total
..........................................................................................
1,284
355
72
547
109
80
*
The
estimate
for
Large
SI
includes
both
exhaust
HC
and
evaporative
HC
emissions.
The
estimates
for
snowmobiles,
ATVs
and
Off­
highway
motorcycles
includes
both
exhaust
HC
and
permeation
HC
emissions.
The
estimate
for
recreation
marine
diesel
includes
exhaust
HC
emissions.

TABLE
IX.
A
 
4.
 
2020
PROJECTED
CO
AND
PM
EMISSIONS
INVENTORIES
[
Thousand
short
tons]

Category
CO
PM
Percent
reduction
Base
case
With
standards
Percent
reduction
Base
case
With
standards
Large
SI
...................................................................................................
2,336
277
88
2.3
2.3
0
Snowmobiles
............................................................................................
950
508
46
8.4
4.9
42
ATVs
........................................................................................................
1,250
1,085
13
13.1
1.9
86
Off­
highway
motorcycles
..........................................................................
321
236
26
8.7
4.4
50
Recreational
Marine
diesel
......................................................................
9
9
0
1.6
1.3
18
Total
..............................................................................................
4,866
2,115
56
34.2
14.8
57
As
described
in
Section
I,
we
project
there
will
also
be
environmental
benefits
associated
with
reduced
haze
in
many
sensitive
areas.
Finally,
anticipated
reductions
in
hydrocarbon
emissions
correspond
with
reduced
emissions
of
the
toxic
air
emissions
referenced
in
Section
I.

B.
Cost
Estimates
In
assessing
the
economic
impact
of
setting
emission
standards,
we
have
made
a
best
estimate
of
the
necessary
technologies
and
their
associated
costs.
In
making
our
estimates
we
have
relied
on
our
own
technology
assessment,
which
includes
information
supplied
by
individual
manufacturers
and
our
own
in­
house
testing.
Estimated
costs
include
variable
costs
(
for
hardware
and
assembly
time)
and
fixed
costs
(
for
research
and
development,
retooling,
and
certification).
The
analysis
also
considers
total
operating
costs,
including
maintenance
and
fuel
consumption.
Cost
estimates
based
on
the
projected
technologies
represent
an
expected
change
in
the
cost
of
engines
as
they
begin
to
comply
with
new
emission
standards.
All
costs
are
presented
in
2001
dollars.
Full
details
of
our
cost
analysis
can
be
found
in
Chapter
5
of
the
Final
Regulatory
Support
Document.
Cost
estimates
based
on
the
current
projected
costs
for
our
estimated
technology
packages
represent
an
expected
incremental
cost
of
vehicles
in
the
near
term.
For
the
longer
term,
we
have
identified
factors
that
will
cause
cost
impacts
to
decrease
over
time.
First,
we
project
that
manufacturers
will
generally
recover
their
fixed
costs
over
a
five­
year
period,
so
these
costs
disappear
from
the
analysis
after
the
fifth
year
of
production.
Second,
the
analysis
incorporates
the
expectation
that
manufacturers
and
suppliers
will
apply
ongoing
research
and
manufacturing
innovation
to
making
emission
controls
more
effective
and
less
costly
over
time.
Research
in
the
costs
of
manufacturing
unrelated
to
emissions
control
technologies
has
consistently
shown
that
as
manufacturers
gain
experience
in
production
and
use,
they
are
able
to
apply
innovations
to
simplify
machining
and
assembly
operations,
use
lower
cost
materials,
and
reduce
the
number
or
complexity
of
component
parts
(
see
the
Final
Regulatory
Support
Document
for
additional
information).
87
The
cost
analysis
assumes
this
learning
effect
applies
equally
well
to
the
adoption
of
the
technologies
associated
with
this
rule
by
decreasing
estimated
variable
costs
by
20
percent
starting
in
the
third
year
of
production
and
an
additional
20
percent
starting
in
the
sixth
year
of
production.
Table
IX.
B
 
1
summarizes
the
projected
near­
term
per
unit
average
costs
to
meet
the
new
emission
standards.
These
estimates
are
based
on
the
manufacturing
cost
rather
than
predicting
price
increase;
the
costs
nevertheless
take
into
account
anticipated
mark­
ups
to
present
retailprice
equivalent
figures.
Long­
term
impacts
on
engine
costs
are
expected
to
decrease
as
manufacturers
fully
amortize
their
fixed
costs
and
learn
to
optimize
their
designs
and
production
processes
to
meet
the
standards
more
efficiently.
The
tables
also
show
our
projections
of
reduced
operating
costs
for
some
engines
(
calculated
on
a
net
present
value
basis),
which
generally
results
from
substantial
reductions
in
fuel
consumption.

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Regulations
88
Chapter
5
of
the
Final
Regulatory
Support
Document
describes
why
we
believe
market
forces
haven't
already
led
manufacturers
to
add
fuelsaving
technologies
to
their
products.
89
The
program
contains
an
optional
set
of
standards
for
off­
highway
motorcycles
which
could
result
in
the
use
of
direct
injection
two­
stroke
technology
in
some
high­
performance
applications.
Chapter
11.3
provides
a
cost
analysis
for
this
option.
The
costs
are
projected
to
be
somewhat
higher
for
this
option
due
to
the
application
of
technology
to
high­
performance
competition
models.
TABLE
IX.
B
 
1.
 
ESTIMATED
AVERAGE
COST
IMPACTS
OF
EMISSION
STANDARDS
Standards
Dates
Increased
production
cost
per
vehicle*
Lifetime
operating
costs
per
vehicle
(
NPV)

Large
SI
exhaust
.............................................................................................................................
2004
$
611
$
¥
3,981
Large
SI
exhaust
.............................................................................................................................
2007
55
0
Large
SI
evaporative
.......................................................................................................................
2007
13
¥
56
Snowmobile
exhaust
(
Phase
1)
.......................................................................................................
2006
73
¥
57
Snowmobile
exhaust
(
Phase
2)
.......................................................................................................
2010
131
¥
286
Snowmobile
exhaust
(
Phase
3)
.......................................................................................................
2012
89
¥
191
Snowmobile
permeation
..................................................................................................................
2008
7
¥
11
ATV
exhaust
....................................................................................................................................
2006
84
¥
24
ATV
permeation
...............................................................................................................................
2008
3
¥
6
Off­
highway
motorcycle
exhaust
.....................................................................................................
2006
155
¥
48
Off­
highway
motorcycle
peermeation
..............................................................................................
2008
3
¥
5
Recreational
.....................................................................................................................................
2006
346
0
*
These
estimates
are
for
near­
term
costs.
The
estimated
long­
term
costs
decrease
by
about
35
percent.
Costs
presented
for
the
Large
SI
and
snowmobile
second­
phase
standards
are
incremental
to
the
first­
phase
standards.
Costs
for
Phase
3
are
incremental
to
Phase
2.
These
costs
numbers
may
not
necessarily
reflect
actual
price
increases
as
manufacturer
production
costs,
perceived
product
enhancements,
and
other
market
impacts
will
affect
actual
prices
to
consumers.

We
estimate
that
the
anticipated
increase
in
the
near­
term
cost
of
producing
new
Large
SI
engines
for
the
2004
standards
is
estimated
to
range
from
$
550
to
$
800,
depending
on
fuel
type,
with
a
composite
estimated
cost
of
$
605.
This
cost
is
attributed
to
upgrading
engines
to
operate
with
closed­
loop
fuel
systems
and
three­
way
catalysts.
These
technologies
also
improve
the
overall
performance
of
these
engines,
including
improvements
to
fuel
economy
that
result
in
reduced
operating
costs
that
fully
offset
the
additional
hardware
cost.
We
further
estimate
additional
costs
of
$
50
for
the
2007
standards,
which
primarily
involve
additional
development
time
to
optimize
engines
using
the
same
closedloop
systems
with
three­
way
catalysts.
While
these
costs
are
a
small
percentage
of
the
cost
of
industrial
equipment,
we
are
aware
that
this
may
not
be
insignificant
in
this
very
competitive
market.
Given
the
compelling
advantages
of
improved
performance
and
reduced
operating
expenses,
however,
we
believe
manufacturers
will
generally
be
able
to
recover
their
costs
over
time.
88
Projected
average
near­
term
costs
for
ATVs
and
off­
highway
motorcycles
are
$
84
and
$
155
per
unit,
respectively.
Standards
are
based
on
the
emissioncontrol
capability
of
engines
four­
stroke
engines.
89
Those
models
that
convert
from
two­
stroke
to
four­
stroke
technology
will
see
substantial
fuel
savings
in
addition
to
greatly
reduced
emissions.
With
an
averaging
program
that
allows
manufacturers
to
apply
varying
degrees
of
technology
to
different
models,
we
believe
they
will
be
able
to
tailor
emission
controls
in
a
way
that
reflects
the
performance
needs
for
their
products.
Fuel
savings
associated
with
replacing
two­
stroke
engines
with
four­
stroke
engines
partially
offsets
the
additional
cost
of
producing
these
vehicles.
We
expect
that
the
near­
term
cost
of
the
2006
snowmobile
standards
will
average
$
73
per
snowmobile.
These
costs
are
based
on
a
mix
of
technologies
including
a
small
increase
in
the
use
of
four­
stroke
and
direct
injection
technology.
For
other
engines
we
expect
manufacturers
to
lean
out
the
air­
fuel
mixture,
improve
carburetion
for
better
fuel
control
and
less
production
variation,
and
modify
the
engine
to
withstand
higher
temperatures
and
potential
misfire
episodes
attributed
to
enleanment.
We
expect
that
the
2010
and
2012
standards
will
be
met
through
inceasing
the
application
of
direct
injection
two­
stroke
technology
and
four­
stroke
engines
on
a
significant
portion
of
the
fleet.
We
project
that
the
near­
term
incremental
cost
of
the
Phase
2
standards
will
average
$
131
per
snowmobile
and
Phase
3
will
be
$
89,
although
we
believe
these
costs
will
be
fully
offset
by
fuel
savings.
Recreational
marine
diesel
engines
are
expected
to
see
increased
costs
averaging
under
$
400
per
engine
in
the
near­
term.
We
expect
manufacturers
to
meet
emission
standards
by
improving
fuel
injection
systems
and
making
general
design
changes
to
the
geometries,
configurations,
and
calibrations
of
their
engines.
These
figures
are
somewhat
lower
than
we
have
projected
for
the
comparable
commercial
marine
engines,
since
the
recreational
models
generally
already
have
some
of
the
emission­
control
technologies
needed
to
meet
the
emission
standards.
The
above
analysis
presents
unit
cost
estimates
for
each
type
of
engine
or
vehicle.
These
costs
represent
the
total
set
of
costs
the
engine
or
vehicle
manufacturers
will
bear
to
comply
with
emission
standards.
For
those
categories
with
engine­
based
standards,
we
do
not
anticipate
significant
new
costs
for
equipment
manufacturers
installing
certified
engines.
Operating
costs
are
also
taken
into
account,
but
where
there
is
an
effect,
we
project
these
impacts
to
involve
only
cost
savings
for
operators.
With
current
and
projected
estimates
of
engine
and
equipment
sales,
we
translate
these
costs
into
projected
direct
costs
to
the
nation
for
the
new
emission
standards
in
any
year.
A
summary
of
the
annualized
costs
to
manufacturers
by
equipment
type
is
presented
in
Table
IX.
B
 
2.
(
The
annualized
costs
are
determined
over
the
first
twenty
years
that
the
standards
will
be
in
effect.
Because
the
standards
take
effect
in
different
years
for
the
various
categories
of
equipment
covered
by
this
rule,
the
aggregate
annualized
cost
is
calculated
over
a
slightly
longer
period
of
time
encompassing
the
first
twenty
years
of
each
of
the
standards.
For
this
reason,
the
aggregate
annualized
cost
is
not
the
sum
of
the
individual
annualized
costs.)
The
annual
cost
savings
due
to
reduced
operating
expenses
start
slowly,
then
increase
as
greater
numbers
of
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Regulations
compliant
engines
enter
the
fleet.
Table
IX.
B
 
2
also
presents
a
summary
of
the
annualized
reduction
in
operating
costs.
Overall,
based
on
currently
available
information,
we
project
an
annualized
net
savings
to
the
economy
of
approximately
$
200
million
per
year.

TABLE
IX.
B
 
2
 
ESTIMATED
ANNUAL
COST
TO
MANUFACTURERS
AND
ANNUAL
SAVINGS
FROM
REDUCED
OPERATING
COSTS
OF
EMISSION
STANDARDS
Engine
type
Annualized
cost
to
manufacturers
(
millions/
year)
Annualized
savings
from
reduced
operating
costs
(
millions/
year)

Large
SI
...............................................................................................................................................................
$
84
$
324
Snowmobiles
........................................................................................................................................................
36
47
ATVs
....................................................................................................................................................................
61
31
Off­
highway
motorcycles
.....................................................................................................................................
25
14
Marine
Diesel
.......................................................................................................................................................
7
0
Aggregate
*
..........................................................................................................................................................
192
410
*
Because
the
standards
take
effect
in
different
years
for
the
various
categories
of
equipment,
the
aggregate
annualized
cost
is
calculated
over
a
slightly
longer
period
of
time.
For
this
reason,
the
aggregate
annualized
cost
is
not
the
sum
of
the
individual
annualized
costs.

C.
Cost
Per
Ton
of
Emissions
Reduced
We
calculated
the
cost
per
ton
of
emission
reductions
for
the
emission
standards.
For
snowmobiles,
this
calculation
is
on
the
basis
of
HC
and
CO
emissions.
For
all
other
engines,
we
attributed
the
entire
cost
of
the
program
to
the
control
of
ozone
precursor
emissions
(
HC
or
NOX
or
both).
Table
IX.
C
 
1
presents
the
near­
term
discounted
cost­
per­
ton
estimates
for
the
various
engines
covered
by
the
rule.
(
The
aggregate
cost­
per­
ton
estimates
are
over
the
first
20
years
of
emission
standards.)
Reduced
operating
costs
more
than
offset
the
increased
cost
of
producing
the
cleaner
engines
for
Phase
1
Large
SI,
and
Phase
2
and
Phase
3
snowmobile
engines.
The
cost
to
society
and
the
associated
cost­
per­
ton
figures
for
these
engines,
and
the
aggregate
values
for
all
engines
covered
by
this
rule,
therefore
show
a
net
savings
resulting
from
the
emission
standards.
The
table
presents
these
as
$
0
per
ton,
rather
than
calculating
a
negative
value
that
has
no
clear
meaning.

TABLE
IX.
C
 
1.
 
ESTIMATED
COST­
PER­
TON
OF
EMISSION
STANDARDS
Standards
Dates
Discounted
reductions
per
vehicle
(
short
tons)
*
Discounted
cost
per
ton
of
HC+
NOX
Discounted
cost
per
ton
of
CO
Without
fuel
savings
With
fuel
savings
Without
fuel
savings
With
fuel
savings
Large
SI
exhaust
(
Composite
of
all
fuels)
..................................................
2004
3.07
$
240
$
0
 
 
Large
SI
exhaust
(
Composite
of
all
fuels)
..................................................
2007
0.80
80
80
 
Large
SI
evaporative
..................................................................................
2007
0.13
80
0
 
Snowmobile
exhaust
...................................................................................
2006
HC:
0.40
90
20
$
40
$
10
CO:
1.02
Snowmobile
exhaust
...................................................................................
2010
HC:
0.10
1,370
0
 
 
Snowmobile
exhaust
...................................................................................
2012
CO:
0.25
 
 
360
0
Snowmobile
permeation
.............................................................................
2008
0.03
210
0
 
 
ATV
exhaust
...............................................................................................
2006
0.21
400
290
 
 
ATV
permeation
..........................................................................................
2008
0.02
180
0
 
 
Off­
highway
motorcycle
exhaust
................................................................
2006
0.38
410
280
 
 
Off­
highway
motorcycle
permeation
...........................................................
2008
0.01
230
0
 
 
Recreational
marine
diesel
.........................................................................
2006
0.44
670
670
 
 
Aggregate
...................................................................................................
 
 
240
0
80
0
*
HC
reductions
for
evaporative
and
permeation,
and
HC+
NOX
reductions
for
exhaust
(
except
snowmobiles
where
CO
reductions
are
also
presented).

D.
Economic
Impact
Analysis
We
performed
an
analysis
to
estimate
the
economic
impacts
of
this
final
rule
on
producers
and
consumers
of
recreational
marine
diesel
vessels
(
specifically,
diesel
inboard
cruisers),
forklifts,
snowmobiles,
ATVs,
offhighway
motorcycles,
and
society
as
a
whole.
This
economic
impact
analysis
focuses
on
market­
level
changes
in
price,
quantity,
and
economic
welfare
(
social
gains
or
costs)
associated
with
the
regulation.
A
description
of
the
methodology
used
can
be
found
in
Chapter
9
of
the
Final
Regulatory
Support
Document
prepared
for
this
rulemaking.
We
did
not
perform
an
economic
impact
analysis
for
categories
of
Large
SI
nonroad
engines
other
than
forklifts,
even
though
those
other
Large
SI
engines
are
also
subject
to
the
standards
contained
in
this
final
rule.
As
explained
in
more
detail
in
Chapter
9
of
the
Final
Regulatory
Support
Document,
this
was
due
to
the
large
number
of
different
types
of
equipment
that
use
Large
SI
engines
and
data
availability
constraints
for
those
market
segments.
For
the
sake
of
completeness,
the
following
analysis
reports
separate
estimates
for
Large
SI
engines
other
than
forklifts.
Engineering
costs
are
assumed
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Rules
and
Regulations
90
Consumer
and
producer
surplus
losses
are
measures
of
the
economic
welfare
loss
consumers
and
producers,
respectively
are
likely
to
experience
as
a
result
of
the
regulations.
Combined
these
losses
represent
an
estimate
of
the
economic
or
social
costs
of
the
rule.
Note
that
for
the
Large
SI
and
recreational
vehicle
rules,
fuel
efficiency
gains
must
be
netted
from
surplus
losses
to
estimate
the
social
costs
or
social
gains
(
in
cases
where
fuel
efficiency
gains
exceed
surplus
losses)
attributable
to
the
rules.
91
Regulatory
Impact
Analysis:
Heavy­
Duty
Engine
and
Vehicle
Standards
and
Highway
Diesel
Fuel
Sulfur
Control
Requirements,
document
EPA420
 
R
 
00
 
026,
December
2000.
Docket
No.
A
 
2000
 
01,
Document
No.
II
 
A
 
13.
This
document
is
also
available
at
http://
www.
epa.
gov/
otaq/
diesel.
htm#
documents.
The
transfer
technique
is
described
in
a
memorandum,
Dr.
Bryan
Hubbell,
Senior
Economist,
Estimated
Nox,
Sox,
and
PM
Emissions
Health
Damages
for
Heavy
Duty
Vehicle
Emissions,
April
22,
2002.
A
copy
of
this
letter
can
be
found
in
Docket
A
 
2000
 
01,
Document
IV
 
A
 
146.

92
The
section
812
studies
include:
(
1)
U.
S.
EPA,
Report
to
Congress:
The
Benefits
and
Costs
of
the
Clean
Air
Act,
1970
to
1990,
October
1997
(
also
known
as
the
``
Section
812
Retrospective
Report'');
to
be
equal
to
economic
costs
for
those
engines.
This
approach
slightly
overestimates
the
social
costs
associated
with
the
relevant
standards.
Based
on
the
estimated
regulatory
costs
associated
with
this
rule
and
the
predicted
changes
in
prices
and
quantity
produced
in
the
affected
industries,
the
total
estimated
annual
social
gains
of
the
rule
in
the
year
2030
is
projected
to
be
$
553.5
million
(
in
2000
and
2001
dollars).
The
net
present
value
of
the
social
gains
for
the
2002
to
2030
time
frame
is
equal
to
$
4.9
billion,
using
a
3%
discount
rate.
This
value
would
be
$
2.4
billion
with
a
7%
discount
rate.
The
social
gains
are
equal
to
the
fuel
savings
minus
the
combined
loss
in
consumer
and
producer
surplus
(
see
Table
IX.
D
 
1),
taking
into
account
producers'
and
consumers'
changes
in
behavior
resulting
from
the
costs
associated
with
the
rule.
90
Social
gains
do
not
account
for
the
social
benefits
(
the
monetized
health
and
environmental
effects
of
the
rule).

TABLE
IX.
D
 
1.
 
SURPLUS
LOSSES,
FUEL
EFFICIENCY
GAINS,
AND
SOCIAL
GAINS/
COSTS
IN
2030
a
Vehicle
category
Surplus
losses
in
2030
($
millions)
Fuel
efficiency
gains
in
2030
($
millions)
Social
gains/
costs
in
2030
b
($
millions)

Recreational
marine
diesel
vessels
.........................................................................................
$
6.6
$
0
($
6.6)
Forklifts
....................................................................................................................................
47.8
420.1
372.3
Other
Large
SI
.........................................................................................................................
c
48.1
138.4
90.3
Snowmobiles
............................................................................................................................
41.9
135.0
93.1
ATVs
........................................................................................................................................
47.2
51.4
4.2
Off­
highway
motorcycles
.........................................................................................................
25.0
25.2
0.2
All
vehicles
total
.......................................................................................................................
216.6
770.1
553.5
NPV
of
all
vehicles
total
d
........................................................................................................
3,231.4
8,130.3
4,898.9
NPV
of
all
vehicles
total
e
.........................................................................................................
1,889.5
4,282.3
2,392.8
a
Figures
are
in
2000
and
2001
dollars.
b
Figures
in
this
column
exclude
estimated
social
benefits.
Numbers
in
parentheses
denote
social
costs.
c
Figure
is
engineering
costs;
see
text
for
explanation.
d
Net
Present
Value
is
calculated
over
the
2002
to
2030
time
frame
using
a
3
percent
discount
rate.
e
Net
Present
Value
is
calculated
over
the
2002
to
2030
time
frame
using
a
7
percent
discount
rate.

For
most
of
the
engine
categories
contained
in
this
rule,
we
expect
there
will
be
a
fuel
savings
as
manufacturers
redesign
their
engines
to
comply
with
emission
standards.
For
ATVs
and
offhighway
motorcycles,
the
fuel
savings
will
be
realized
as
manufacturers
switch
from
two­
stroke
to
four­
stroke
technologies.
For
snowmobiles,
the
fuel
savings
will
be
realized
as
manufacturers
switch
some
of
their
engines
to
more
fuel
efficient
two­
stroke
technologies
and
some
of
their
engines
to
four­
stroke
technologies.
For
Large
SI
engines,
the
fuel
savings
will
be
realized
as
manufacturers
adopt
more
sophisticated
and
more
efficient
fuel
systems;
this
is
true
for
all
fuels
used
by
Large
SI
engines.
Overall,
we
project
the
fuel
savings
associated
with
the
anticipated
changes
in
technology
to
be
about
800
million
gallons
per
year
once
the
program
is
fully
phased
in.
These
savings
are
factored
into
the
calculated
costs
and
costs
per
ton
of
reduced
emissions,
as
described
above.
E.
Do
the
Benefits
Outweigh
the
Costs
of
the
Standards?

While
EPA
uses
relative
costeffectiveness
as
the
primary
manner
to
take
costs
into
consideration,
further
insight
regarding
the
standards
can
be
provided
by
benefit­
cost
analysis.
The
purpose
of
this
section
is
to
summarize
the
methods
we
used
and
results
we
obtained
in
conducting
an
analysis
of
the
economic
benefits
of
the
changes
in
emissions
from
engines
covered
by
this
rule,
and
to
compare
these
economic
benefits
with
the
estimated
economic
costs
of
the
rule.
In
summary,
the
results
of
our
analysis
indicate
that
the
economic
benefits
of
the
final
standards
will
exceed
the
costs
of
meeting
the
standards.
The
annual
estimated
benefits
we
were
able
to
quantify
were
approximately
$
10
billion
in
2030.

1.
What
Was
Our
Overall
Approach
to
the
Benefit­
Cost
Analysis?

The
basic
question
we
sought
to
answer
in
the
benefit­
cost
analysis
was,
``
What
are
the
net
yearly
economic
benefits
to
society
of
the
reduction
in
mobile
source
emissions
likely
to
be
achieved
by
this
final
rulemaking?''
In
designing
an
analysis
to
address
this
question,
we
selected
a
future
year
for
analysis
(
2030)
that
is
representative
of
full­
implementation
of
the
program
(
i.
e.,
when
the
Large
SI
and
recreational
vehicle
fleet
is
composed
of
virtually
only
compliant
vehicles).
To
quantify
benefits,
we
evaluated
PM­
related
health
effects
(
including
directly
emitted
PM
and
NOX
contribution
to
particulate
nitrate)
using
a
benefits
transfer
technique.
Although
we
expect
economic
benefits
to
exist,
we
were
unable
to
quantify
or
to
value
specific
changes
in
visibility,
ozone,
CO
or
air
toxics
because
we
did
not
perform
additional
air
quality
modeling.
To
evaluate
the
PM­
related
health
effects,
we
adopted
a
benefits
transfer
technique
that
relies
on
the
extensive
particulate
matter
air
quality
and
benefits
modeling
conducted
for
the
highway
Heavy
Duty
Engine/
Diesel
Fuel
final
rule.
91
That
RIA
used
an
analytical
structure
and
sequence
similar
to
that
used
in
the
``
section
812
studies''
to
estimate
the
total
benefits
and
costs
of
the
full
Clean
Air
Act.
92
In
the
HD
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/
Rules
and
Regulations
and
(
2)
the
first
in
the
ongoing
series
of
prospective
studies
estimating
the
total
costs
and
benefits
of
the
Clean
Air
Act
(
see
EPA
report
number:
EPA
 
410
 
R
 
99
 
001,
November
1999).
See
Docket
A
 
99
 
06,
Document
II
 
A
 
21.
93
In
the
original
HD
Engine/
Diesel
Fuel
analysis,
we
modeled
air
quality
and
benefits
in
2030.
There
are
sufficient
non­
linearities
and
interactions
among
pollutants
in
the
atmospheric
chemistry
that
introduce
additional
uncertainties
in
the
quantitative
estimate
of
the
benefits
in
years
that
were
not
fully
modeled
in
the
original
analysis.
94
SAB
advised
that
the
EPA
``
continue
to
use
a
wage­
risk­
based
VSL
as
its
primary
estimate,
including
appropriate
sensitivity
analyses
to
reflect
the
uncertainty
of
these
estimates,''
and
that
``
the
only
risk
characteristic
for
which
adjustments
to
the
VSL
can
be
made
is
the
timing
of
the
risk''
(
EPASAB
EEAC
 
00
 
013;
a
copy
of
this
document
can
be
found
in
Docket
A
 
99
 
06,
Document
No.
IV
 
A
 
19).
In
developing
our
primary
estimate
of
the
benefits
of
premature
mortality
reductions,
we
have
appropriately
discounted
over
the
lag
period
between
exposure
and
premature
mortality.
However,
an
empirical
basis
that
meets
the
SAB's
standards
of
reliability
for
adjusting
the
current
$
6
million
VSL
for
many
of
these
factors
does
not
yet
exist.
A
discussion
of
these
factors
is
contained
in
the
RIA
and
supporting
documents.
EPA
recognizes
the
need
for
additional
research
by
the
scientific
community
to
develop
additional
empirical
support
for
adjustments
to
VSL
for
the
factors
mentioned
above.
Engine/
Diesel
Fuel
analysis,
we
used
many
of
the
same
models
and
assumptions
used
in
the
section
812
studies
as
well
as
other
Regulatory
Impact
Analyses
(
RIAs)
prepared
by
the
Office
of
Air
and
Radiation.
By
adopting
the
major
design
elements,
models,
and
assumptions
developed
for
the
section
812
studies
and
other
RIAs,
we
have
largely
relied
on
methods
which
have
already
received
extensive
review
by
the
independent
Science
Advisory
Board
(
SAB),
by
the
public,
and
by
other
federal
agencies.
Although
the
underlying
method
has
experienced
significant
review,
the
transfer
of
values
from
an
existing
primary
benefits
analysis
to
estimate
the
benefits
of
a
new
program
has
not
had
this
type
of
review
and
the
transfer
technique
introduces
additional
uncertainties.

2.
What
Are
the
Significant
Limitations
of
the
Benefit­
Cost
Analysis?
Every
benefit­
cost
analysis
examining
the
potential
effects
of
a
change
in
environmental
protection
requirements
is
limited
to
some
extent
by
data
gaps,
limitations
in
model
capabilities
(
such
as
geographic
coverage),
and
uncertainties
in
the
underlying
scientific
and
economic
studies
used
to
configure
the
benefit
and
cost
models.
Deficiencies
in
the
scientific
literature
often
result
in
the
inability
to
estimate
quantitative
changes
in
health
and
environmental
effects,
such
as
potential
increases
in
premature
mortality
associated
with
increased
exposure
to
carbon
monoxide.
Deficiencies
in
the
economics
literature
often
result
in
the
inability
to
assign
economic
values
even
to
those
health
and
environmental
outcomes
which
can
be
quantified.
While
these
general
uncertainties
in
the
underlying
scientific
and
economics
literatures,
which
can
cause
the
valuations
to
be
higher
or
lower,
are
discussed
in
detail
in
the
Final
Regulatory
Support
Document
and
its
supporting
documents
and
references,
the
key
uncertainties
which
have
a
bearing
on
the
results
of
the
benefit­
cost
analysis
of
this
final
rule
include
the
following:
 
The
exclusion
of
potentially
significant
benefit
categories
(
such
as
health
and
ecological
benefits
of
reduction
in
hazardous
air
pollutants
emissions
and
ozone;
improvements
in
visibility);
 
Errors
in
measurement
and
projection
for
variables
such
as
population
growth;
 
Uncertainties
in
the
estimation
of
future
year
emissions
inventories
and
air
quality;
 
Uncertainties
associated
with
the
transfer
of
the
results
of
the
HD
Engine/
Diesel
Fuel
analysis
to
this
program,
especially
regarding
the
assumption
of
similarity
in
geographic
distribution
between
emissions
and
human
populations
and
years
of
analysis;
93
 
Variability
in
the
estimated
relationships
of
health
and
welfare
effects
to
changes
in
pollutant
concentrations;
 
Uncertainties
in
exposure
estimation;
 
Uncertainties
in
applying
willingness
to
pay
estimates
from
National
Park
and
Forest
visitors
to
U.
S.
recreational
participants
and
uncertainties
in
average
number
of
activity
days
per
year;
and
 
Uncertainties
associated
with
the
effect
of
potential
future
actions
to
limit
emissions.
Despite
these
uncertainties,
we
believe
the
benefit­
cost
analysis
provides
a
reasonable
indication
of
the
expected
economic
benefits
of
the
final
rulemaking
in
future
years
under
a
set
of
assumptions.
One
key
area
of
uncertainty
is
the
value
of
a
statistical
life
(
VSL)
for
reductions
in
mortality
risk.
The
adoption
of
a
value
for
the
projected
reduction
in
the
risk
of
premature
mortality
is
the
subject
of
continuing
discussion
within
the
economic
and
public
policy
analysis
community.
In
accordance
with
the
independent
Science
Advisory
Board
advice,
94
we
use
the
value
of
a
statistical
life
(
VSL)
for
risk
reductions
in
mortality
in
our
primary
estimate.
Alternative
calculations
of
adjustment
for
age
and
other
factors
are
presented
in
the
RIA
for
the
HD
Engine/
Diesel
Fuel
rule
and
in
the
RSD
for
this
rule.
The
presentation
of
the
other
alternative
calculations
for
certain
endpoints
seeks
to
demonstrate
how
much
the
overall
benefit
estimate
might
vary
based
on
the
value
EPA
has
given
to
a
parameter
(
which
has
uncertainty
associated
with
it)
underlying
the
estimates
for
human
health
and
environmental
effect
incidence
and
the
economic
valuation
of
those
effects.
These
alternative
calculations
represent
conditions
that
might
occur;
however,
EPA
has
selected
the
best
values
supported
by
current
scientific
literature
for
use
in
the
primary
estimate.
The
primary
estimate
is
the
source
for
our
benefits
transfer
technique.
Even
with
our
efforts
to
fully
disclose
the
uncertainty
in
our
estimate,
our
uncertainty
presentation
method
does
not
provide
a
definitive
or
complete
picture
of
the
true
range
of
monetized
benefits
estimates.
The
set
of
alternative
calculations
is
only
representative
of
those
benefits
that
we
were
able
to
quantify
and
monetize.

3.
What
Are
the
benefits
In
the
Years
Leading
Up
to
2030?
The
final
rule
has
various
cost
and
emission
related
components,
as
described
earlier
in
this
section.
These
components
would
begin
at
various
times
and
in
some
cases
would
phase
in
over
time.
This
means
that
during
the
early
years
of
the
program
there
would
not
be
a
consistent
match
between
cost
and
benefits,
especially
where
the
full
vehicle
cost
would
be
incurred
at
the
time
of
vehicle
purchase,
while
the
fuel
savings
along
with
the
emission
reductions
and
benefits
resulting
from
all
these
costs
would
occur
throughout
the
lifetime
of
the
vehicle.
Because
of
this
inconsistency
and
our
desire
to
more
appropriately
match
the
costs
and
emission
reductions
of
our
program,
our
analysis
uses
a
future
year
(
2030)
when
the
fleet
is
nearly
fully
turned
over.
In
the
years
before
2030,
the
benefits
from
the
final
rule
will
be
less
than
those
estimated
here,
because
the
compliant
vehicle
fleet
will
not
be
fully
phased
in,
and
the
overall
U.
S.
population
would
be
smaller.
Annualized
costs,
on
the
other
hand,
reach
nearly
their
full
value
within
a
few
years
of
program
initiation
(
once
all
phase­
ins
are
completed).
Thus,
a
benefit­
cost
ratio
computed
for
the
earlier
years
of
the
program
would
be
expected
to
be
lower
than
a
ratio
based
on
our
2030
analysis
when
the
fleet
has
fully
turned
over.
The
stream
of
costs
and
the
limited
set
of
quantified
benefits
over
time
are
presented
in
the
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/
Rules
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Regulations
95
Based
upon
recent
preliminary
findings
by
the
Health
Effects
Institute,
the
concentration­
response
functions
used
to
estimate
reductions
in
hospital
admissions
may
over­
or
underestimate
the
true
concentration­
response
relationship.
See
Letter
from
Dan
Greenberg,
President,
Health
Effects
Institute,
May
30,
2002,
attached
to
letter
from
Dr.
Hopke,
dated
August
8,
2002.
Docket
A
 
2000
 
01,
Document
IV
 
A
 
145.
96
Our
estimate
also
incorporates
significant
reductions
in
27,000
fewer
cases
of
lower
respiratory
symptoms,
and
26,600
fewer
cases
of
upper
respiratory
symptoms
in
asthmatic
children
each
year.
In
addition,
we
estimate
that
this
final
rule
will
reduce
23,400
incidents
of
asthma
attacks
each
year
in
asthmatics
of
all
ages
from
reduced
exposure
to
particles.
Additional
incidents
would
be
avoided
from
reduced
ozone
exposures.
Asthma
is
the
most
prevalent
chronic
disease
among
children
and
currently
affects
over
seven
percent
of
children
under
18
years
of
age.
Regulatory
Support
Document.
On
the
other
hand,
since
the
estimated
benefits
are
more
than
40
times
the
costs
(
excluding
fuel
savings)
in
2030,
the
emission
reduction
and
cost
trends
suggest
that
it
is
likely
that
annual
benefits
would
exceed
costs
from
a
time
early
in
the
life
of
the
program.

4.
What
Were
the
Results
of
the
Benefit­
Cost
Analysis?
The
benefit­
cost
analysis
for
the
final
rule
reflects
a
single
year
picture
of
the
yearly
benefits
and
costs
expected
to
be
realized
once
the
standards
have
been
fully
implemented
and
non­
compliant
vehicles
have
all
been
retired.
Table
IX.
E
 
1
presents
EPA's
primary
estimate
of
the
benefits
of
the
rule,
both
the
estimated
reductions
in
incidences
and
the
estimated
economic
value
of
those
incidence
reductions.
In
interpreting
the
results,
it
is
important
to
keep
in
mind
the
limited
set
of
effects
we
are
able
to
monetize.
Specifically,
the
table
lists
the
avoided
PM­
related
incidences
of
health
effects
and
the
estimated
economic
value
of
those
avoided
incidences.
95
We
present
estimates
for
the
reductions
for
the
Large
SI
category
only.
As
the
table
indicates,
we
estimate
that
the
final
rule
will
reduce
premature
mortality
associated
with
fine
PM
by
around
1,000
incidences
per
year,
produce
about
600
fewer
cases
of
chronic
bronchitis,
and
result
in
significant
reductions
in
minor
restricted
activity
days
(
with
an
estimated
1
million
fewer
cases).
96
TABLE
IX.
E
 
1.
 
EPA
PRIMARY
ESTIMATE
OF
THE
ANNUAL
QUANTIFIED
AND
MONETIZED
BENEFITS
ASSOCIATED
WITH
IMPROVED
PM
AIR
QUALITY
RESULTING
FROM
THE
LARGE
SI/
RECREATIONAL
VEHICLE
RULE
IN
2030
a
PM­
related
endpoint
Avoided
incidence
a,
c
(
cases/
year)
Monetary
benefits
a,
d
(
millions
2002
$)

Premature
mortality
a,
b
(
adults,
ages
30
and
over)
........................................................................
1,000
..........................
$
7,510
Chronic
bronchitis
..........................................................................................................................
640
.............................
$
280
Hospital
Admissions
from
Respiratory
Causes
g
...........................................................................
300
.............................
<$
10
Hospital
Admissions
from
Cardiovascular
Causes
g
......................................................................
300
.............................
<$
10
Emergency
Room
Visits
for
Asthma
..............................................................................................
300
.............................
<$
1
Acute
bronchitis
(
children,
ages
8
 
12)
..........................................................................................
2,200
..........................
<$
1
Upper
respiratory
symptoms
(
asthmatic
children,
ages
9
 
11)
......................................................
20,600
........................
<$
1
Lower
respiratory
symptoms
(
children,
ages
7
 
14)
......................................................................
23,700
........................
<$
1
Asthma
attacks
(
asthmatics,
all
ages)
a
.........................................................................................
20,600
........................
<$
1
Work
loss
days
(
adults,
ages
18
 
65)
............................................................................................
181,300
......................
$
20
Minor
restricted
activity
days
(
adults,
ages
18
 
65)
(
adjusted
to
exclude
asthma
attacks)
a
........
944,400
......................
$
50
Other
health
effects
e
......................................................................................................................
U1+
U2+
U3+
U4
.............
B1+
B2+
B3+
B4
Monetized
Total
f
.....................................................................................................................
.....................................
$
7,880
+
B
a
Ozone­
related
benefits
are
not
included,
thus
underestimating
national
benefits.
Relative
to
PM
related
benefits,
ozone
benefits
have
typically
accounted
for
only
a
small
portion
of
total
benefits.
However,
ozone
reductions
can
have
a
significant
impact
on
asthma
attacks
in
asthma
sufferers
as
well
as
contributing
to
reductions
in
the
overall
number
of
minor
restricted
activity
days.
b
The
value
we
are
transferring
assumes
that
some
of
the
incidences
of
premature
mortality
related
to
PM
exposures
occur
in
a
distributed
fashion
over
the
five
years
following
exposure,
and
it
embeds
an
annual
three
percent
discount
rate
to
the
value
of
premature
mortality
occurring
in
years
after
our
analysis
year.
c
Incidences
are
rounded
to
the
nearest
100.
d
Dollar
values
are
rounded
to
the
nearest
10
million.
Monetary
benefits
account
for
growth
in
real
GDP
per
capita
through
2030.
e
The
Ui
are
the
incidences
and
the
Bi
are
the
values
for
the
unquantified
category
i.
A
detailed
listing
of
unquantified
PM,
ozone,
CO,
and
HC
related
health
and
welfare
effects
is
provided
in
Table
IX
 
E.
2.
Many
of
the
HC
emitted
from
these
vehicles
are
also
hazardous
air
pollutants
listed
in
the
Clean
Air
Act.
f
B
is
equal
to
the
sum
of
all
unmonetized
categories,
i.
e.,
Ba+
B1+
B2+
*
*
*
+
Bn.
g
Based
upon
recent
preliminary
findings
by
the
Health
Effects
Institute,
the
concentration­
response
functions
used
to
estimate
reductions
in
hospital
admissions
may
over­
or
under­
estimate
the
true
concentration­
response
relationship.

Total
monetized
benefits
are
driven
primarily
by
the
reduction
in
premature
fatalities
each
year,
which
account
for
over
80
percent
of
total
benefits.
This
table
also
indicates
with
a
``
B''
those
additional
health
and
environmental
benefits
which
could
not
be
expressed
in
quantitative
incidence
and/
or
economic
value
terms.
A
full
listing
of
the
benefit
categories
that
could
not
be
quantified
or
monetized
in
our
estimate
are
provided
in
Table
IX.
E
 
2.
The
final
rule
may
also
provide
some
visibility
improvements
in
Class
I
areas
and
near
where
people
live,
work,
and
recreate.
A
full
appreciation
of
the
overall
economic
consequences
of
the
final
standards
requires
consideration
of
all
benefits
and
costs
expected
to
result
from
the
new
standards,
not
just
those
benefits
and
costs
which
could
be
expressed
here
in
dollar
terms.
TABLE
IX.
E
 
2.
 
ADDITIONAL,
NONMONETIZED
BENEFITS
OF
THE
LARGE
SI/
RECREATIONAL
VEHICLE
STANDARDS
Pollutant
Unquantified
effects
Ozone
Health
Premature
mortality.
a
Increased
airway
responsiveness
to
stimuli.
Inflammation
in
the
lung.
Chronic
respiratory
damage.
Premature
aging
of
the
lungs.

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Regulations
TABLE
IX.
E
 
2.
 
ADDITIONAL,
NONMONETIZED
BENEFITS
OF
THE
LARGE
SI/
RECREATIONAL
VEHICLE
STANDARDS
 
Continued
Pollutant
Unquantified
effects
Acute
inflammation
and
respiratory
cell
damage.
Increased
susceptibility
to
respiratory
infection.
Non­
asthma
respiratory
emergency
room
visits.
Increased
school
absence
rates
Ozone
Welfare
Decreased
yields
for
commercial
forests
(
for
example
Western
US).
Decreased
yields
for
fruits
and
vegetables.
Decreased
yields
for
noncommercial
crops.
Damage
to
urban
ornamental
plants.
Impacts
on
recreational
demand
from
damaged
forest
aesthetics.
Damage
to
ecosystem
functions
PM
Health
......
Infant
mortality.
Low
birth
weight.
Changes
in
pulmonary
function
Chronic
respiratory
diseases
other
than
chronic
bronchitis
Cardiac
endpoints.
Morphological
changes.
Altered
host
defense
mechanisms
Cancer.
Non­
asthma
respiratory
emergency
room
visits
PM
Welfare
....
Visibility
in
Class
I
areas.
Residential
and
recreational
visibility
in
non­
Class
I
areas.
Soiling
and
materials
damage
Damage
to
ecosystem
functions
Nitrogen
and
Sulfate
Deposition
Welfare
Impacts
of
acidic
sulfate
and
nitrate
deposition
on
commercial
forests
Impacts
of
acidic
deposition
to
commercial
freshwater
fishing.
Impacts
of
acidic
deposition
to
recreation
in
terrestrial
ecosystems.
Reduced
existence
values
for
currently
healthy
ecosystems
Impacts
of
nitrogen
deposition
on
commercial
fishing,
agriculture,
and
forests.
TABLE
IX.
E
 
2.
 
ADDITIONAL,
NONMONETIZED
BENEFITS
OF
THE
LARGE
SI/
RECREATIONAL
VEHICLE
STANDARDS
 
Continued
Pollutant
Unquantified
effects
Impacts
of
nitrogen
deposition
on
recreation
in
estuarine
ecosystems.
Damage
to
ecosystem
functions
CO
Health
......
Premature
mortalitya.
Behavioral
effects.
Hospital
admissions
 
respiratory
cardiovascular,
and
other.
Other
cardiovascular
effects
Developmental
effects.
Decreased
time
to
onset
of
angina.
Non­
asthma
respiratory
ER
visits
HC
Health
b
....
Cancer
(
benzene,
1,3­
butadiene
formaldehyde,
acetaldehyde
Anemia
(
benzene).
Disruption
of
production
of
blood
components
(
benzene).
Reduction
in
the
number
of
blood
platelets
(
benzene).
Excessive
bone
marrow
formation
(
benzene).
Depression
of
lymphocyte
counts
(
benzene)
Reproductive
and
developmental
effects
(
1,3­
butadiene
Irritation
of
eyes
and
mucus
membranes
(
formaldehyde).
Respiratory
irritation
(
formaldehyde).
Asthma
attacks
in
asthmatics
(
formaldehyde).
Asthma­
like
symptoms
in
non­
asthmatics
(
formaldehyde).
Irritation
of
the
eyes,
skin,
and
respiratory
tract
(
acetaldehyde).
Upper
respiratory
tract
irritation
and
congestion
(
acrolein)
TABLE
IX.
E
 
2.
 
ADDITIONAL,
NONMONETIZED
BENEFITS
OF
THE
LARGE
SI/
RECREATIONAL
VEHICLE
STANDARDS
 
Continued
Pollutant
Unquantified
effects
HC
Welfare
....
Direct
toxic
effects
to
animals
Bioaccumulation
in
the
food
chain.
Damage
to
ecosystem
function
a
Premature
mortality
associated
with
ozone
and
carbon
monoxide
is
not
separately
included
in
this
analysis.
In
this
analysis,
we
assume
that
the
ACS/
Krewski,
et
al.
C
 
R
function
for
premature
mortality
captures
both
PM
mortality
benefits
and
any
mortality
benefits
associated
with
other
air
pollutants.
A
copy
of
Krewski,
et
al.,
can
be
found
in
Docket
A
 
99
 
06,
Document
No.
IV
 
G
 
75.
b
Many
of
the
key
hydrocarbons
related
to
this
rule
are
also
hazardous
air
pollutants
listed
in
the
Clean
Air
Act.

In
summary,
EPA's
primary
estimate
of
the
benefits
of
the
final
rule
is
approximately
$
7.8
billion
in
2030.
This
estimate
accounts
for
growth
in
real
gross
domestic
product
(
GDP)
per
capita
between
the
present
and
2030.
The
estimated
social
cost
(
measured
as
changes
in
consumer
and
producer
surplus)
in
2030
to
implement
the
final
rule
from
Table
IX.
D
 
1
above
is
$
217
million
(
2001$).
The
net
social
gain,
considering
fuel
efficiency,
is
$
554
million.
The
monetized
benefits
are
approximately
$
7.8
billion,
and
EPA
believes
there
is
considerable
value
to
the
public
of
the
benefits
it
could
not
monetize.
The
net
benefit
that
can
be
monetized
is
$
8.4
billion.
Therefore,
implementation
of
the
final
rule
is
expected
to
provide
society
with
a
net
gain
in
social
welfare
based
on
economic
efficiency
criteria.
Table
IX.
E
 
3
summarizes
the
costs,
benefits,
and
net
benefits.
The
net
present
value
of
the
future
benefits
have
been
calculated
using
a
3%
discount
rate
over
the
2002
to
2030
time
frame.
The
net
present
value
of
the
social
gains
is
$
4,899
million
and
the
net
present
value
of
the
total
annual
benefits
is
$
77,177
million
+
B.
Consequently,
the
net
present
value
of
the
monetized
net
benefits
of
this
program
is
$
82,076
million.
If
a
discount
rate
of
7%
is
used,
the
values
above
change
to
$
2,393
million
for
social
gains
and
$
40,070
million
+
B
for
total
benefits,
giving
a
total
of
$
42,463
million.

TABLE
IX.
E
 
3.
 
2030
ANNUAL
MONETIZED
COSTS,
BENEFITS,
AND
NET
BENEFITS
FOR
THE
FINAL
RULE
Millions
of
2001
$
a
Social
Gains
f
.....................................................................................................................................................
$
550
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/
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November
8,
2002
/
Rules
and
Regulations
TABLE
IX.
E
 
3.
 
2030
ANNUAL
MONETIZED
COSTS,
BENEFITS,
AND
NET
BENEFITS
FOR
THE
FINAL
RULE
 
Continued
Millions
of
2001
$
a
Monetized
PM­
related
benefits
b,
c
......................................................................................................................
$
7,880
+
BPM
Monetized
Ozone­
related
benefits
b,
d
.................................................................................................................
Not
monetized
(
BOzone)
HC­
related
benefits
............................................................................................................................................
Not
monetized
(
BHC)
CO­
related
benefits
............................................................................................................................................
Not
monetized
(
BCO)
Total
annual
benefits
..........................................................................................................................................
$
7,880
+
BPM
+
BOzone
+
BHC
+
BCO
Monetized
net
benefits
e
.....................................................................................................................................
$
8,430
+
B
a
For
this
section,
all
costs
and
benefits
are
rounded
to
the
nearest
10
million.
Thus,
figures
presented
in
this
chapter
may
not
exactly
equal
benefit
and
cost
numbers
presented
in
earlier
sections
of
the
chapter.
b
Not
all
possible
benefits
or
disbenefits
are
quantified
and
monetized
in
this
analysis.
Potential
benefit
categories
that
have
not
been
quantified
and
monetized
are
listed
in
Table
IX
 
E.
2.
Unmonetized
PM­
and
ozone­
related
benefits
are
indicated
by
BPM.
and
BOzone,
respectively.
c
Based
upon
recent
preliminary
findings
by
the
Health
Effects
Institute,
the
concentration­
response
functions
used
to
estimate
reductions
in
hospital
admissions
may
over­
or
under­
estimate
the
true
concentration­
response
relationship.
d
There
are
substantial
uncertainties
associated
with
the
benefit
estimates
presented
here,
as
compared
to
other
EPA
analyses
that
are
supported
by
specific
modeling.
This
analysis
used
a
benefits
transfer
technique
described
in
the
RSD.
e
B
is
equal
to
the
sum
of
all
unmonetized
benefits,
including
those
associated
with
PM,
ozone,
CO,
and
HC.
f
The
social
gains
are
equal
to
the
fuel
savings
minus
the
combined
loss
in
consumer
and
producer
surplus.

X.
Public
Participation
A
wide
variety
of
interested
parties
participated
in
the
rulemaking
process
that
culminates
with
this
final
rule.
This
process
provided
several
opportunities
for
public
comment
over
a
period
of
more
than
two
years.
An
Advance
Notice
of
Proposed
Rulemaking
(
65
FR
76797,
December
7,
2000)
announced
our
intent
to
address
emissions
from
these
engines.
Comments
received
during
this
period
were
considered
in
the
development
of
the
proposal
and
are
discussed
in
that
document.
These
comments
included
information
received
from
small
businesses
as
a
part
of
the
inter­
agency
Small
Business
Advocacy
Review
Panel
process
which
was
completed
before
we
published
the
proposal
and
is
described
below
under
the
discussion
of
the
Regulatory
Flexibility
Act.
The
formal
comment
period
and
public
hearing
associated
with
the
proposal
provided
another
opportunity
for
public
input.
We
have
also
met
with
a
variety
of
stakeholders
at
various
points
in
the
process,
including
state
and
environmental
organizations,
engine
manufacturers,
and
equipment
manufacturers.
We
have
prepared
a
detailed
Summary
and
Analysis
of
Comments
document,
which
describes
the
comments
we
received
on
the
proposal
and
our
response
to
each
of
these
comments.
The
Summary
and
Analysis
of
Comments
is
available
in
the
docket
for
this
rule
and
on
the
Office
of
Transportation
and
Air
Quality
internet
home
page
at
http://
www.
epa.
gov/
otaq/
.

XI.
Statutory
and
Executive
Order
Reviews
A.
Executive
Order
12866:
Regulatory
Planning
and
Review
Under
Executive
Order
12866
(
58
FR
51735,
October
4,
1993),
the
Agency
must
determine
whether
the
regulatory
action
is
``
significant''
and
therefore
subject
to
review
by
the
Office
of
Management
and
Budget
(
OMB)
and
the
requirements
of
this
Executive
Order.
The
Executive
Order
defines
a
``
significant
regulatory
action''
as
any
regulatory
action
that
is
likely
to
result
in
a
rule
that
may:
 
Have
an
annual
effect
on
the
economy
of
$
100
million
or
more
or
adversely
affect
in
a
material
way
the
economy,
a
sector
of
the
economy,
productivity,
competition,
jobs,
the
environment,
public
health
or
safety,
or
State,
Local,
or
Tribal
governments
or
communities;
 
Create
a
serious
inconsistency
or
otherwise
interfere
with
an
action
taken
or
planned
by
another
agency;
 
Materially
alter
the
budgetary
impact
of
entitlements,
grants,
user
fees,
or
loan
programs,
or
the
rights
and
obligations
of
recipients
thereof;
or
 
Raise
novel
legal
or
policy
issues
arising
out
of
legal
mandates,
the
President's
priorities,
or
the
principles
set
forth
in
the
Executive
Order.
A
Final
Regulatory
Support
Document
has
been
prepared
and
is
available
in
the
docket
for
this
rulemaking
and
at
the
internet
address
listed
under
ADDRESSES
above.
This
action
was
submitted
to
the
Office
of
Management
and
Budget
for
review
under
Executive
Order
12866.
Annual
initial
costs
of
this
rulemaking
are
estimated
to
be
over
$
100
million
per
year
but
this
is
offset
by
operating
cost
savings
of
over
$
400
million
dollars
per
year.
Even
so,
this
rule
is
considered
economically
significant.
Written
comments
from
OMB
and
responses
from
EPA
to
OMB
comments
are
in
the
public
docket
for
this
rulemaking.

B.
Paperwork
Reduction
Act
The
information
collection
requirements
(
ICR)
in
this
rule
will
be
submitted
for
approval
to
the
Office
of
Management
and
Budget
(
OMB)
under
the
Paperwork
Reduction
Act,
44
U.
S.
C.
3501
et
seq.
The
Agency
may
not
conduct
or
sponsor
an
information
collection,
and
a
person
is
not
required
to
respond
to
a
request
for
information,
unless
the
information
collection
request
displays
a
currently
valid
OMB
control
number.
The
OMB
control
numbers
for
EPA's
regulations
are
listed
in
40
CFR
part
9
and
48
CFR
chapter
15.
The
reporting
requirements
in
this
final
rule
do
not
apply
until
the
Office
of
Management
has
approved
them.
We
will
publish
a
document
in
the
Federal
Register
announcing
that
the
information­
collection
requirements
are
approved.

C.
Regulatory
Flexibility
Act
(
RFA),
as
Amended
by
the
Small
Business
Regulatory
Enforcement
Fairness
Act
of
1996
(
SBREFA),
5
U.
S.
C.
601
et
seq.

EPA
has
determined
that
it
is
not
necessary
to
prepare
a
regulatory
flexibility
analysis
in
connection
with
this
final
rule.
EPA
has
also
determined
that
this
rule
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities.
For
purposes
of
assessing
the
impacts
of
this
final
rule
on
small
entities,
a
small
entity
is
defined
as:
(
1)
A
small
business
that
meet
the
definition
for
business
based
on
SBA
size
standards;
(
2)
a
small
governmental
jurisdiction
that
is
a
government
of
a
city,
county,
town,
school
district
or
special
district
with
a
population
of
less
than
50,000;
and
(
3)
a
small
organization
that
is
any
not­
for­
profit
enterprise
which
is
independently
owned
and
operated
and
is
not
dominant
in
its
field.
This
rulemaking
will
affect
only
the
small
businesses.
In
accordance
with
section
609
of
the
RFA,
EPA
conducted
an
outreach
to
small
entities
and
convened
a
Small
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/
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8,
2002
/
Rules
and
Regulations
97
59
FR
31306
(
July
17,
1994).
Business
Advocacy
Review
(
SBAR)
Panel
prior
to
proposing
this
rule,
to
obtain
advice
and
recommendations
of
representatives
of
the
small
entities
that
potentially
would
be
subject
to
the
rule's
requirements.
Through
the
Panel
process,
we
gathered
advice
and
recommendations
from
small­
entity
representatives
who
would
be
affected
by
the
provisions
in
the
rule
relating
to
large
SI
engines
and
land­
based
recreational
vehicles,
and
published
the
results
in
a
Final
Panel
Report,
dated
July
17,
2001.
EPA
had
previously
convened
a
separate
Panel
for
marine
engines
and
vessels.
This
panel
also
produced
a
report,
dated
August
25,
1999.
We
also
prepared
an
Initial
Regulatory
Flexibility
Analysis
(
IRFA)
in
accordance
with
section
603
of
the
Regulatory
Flexibility
Act.
The
IRFA
is
found
in
chapter
8
of
the
Draft
Regulatory
Support
Document.
Both
Panel
reports
and
the
IRFA
have
been
placed
in
the
docket
for
this
rulemaking
(
Public
Docket
A
 
2000
 
01,
items
II
 
A
 
85,
II
 
F
 
22,
and
III
 
B
 
01).
EPA
proposed
the
majority
of
the
Panel
recommendations,
and
took
comments
on
these
and
other
recommendations.
The
information
we
received
during
this
rulemaking
process
indicated
that
fewer
small
entities
would
be
significantly
impacted
by
the
rule
than
we
had
originally
estimated.
During
the
SBAR
Panel
process,
a
concern
was
raised
that
importers
would
have
limited
access
to
certified
models
for
import.
We
received
no
comments
regarding
this
concern
and
believe
that
the
supply
of
four­
stroke
engines
for
ATVs
and
off­
highway
motorcycles
will
continue
to
increase.
As
a
result,
we
believe
all
these
companies
should
be
able
to
find
manufacturers
that
are
able
to
supply
them
with
compliant
engines.
These
importers
incur
no
development
costs,
and
they
are
not
involved
in
adding
emission­
control
hardware
or
other
variable
costs
to
provide
a
finished
product
to
market.
We
also
expect
that
the
vehicles
they
import
would
have
fuel
tanks
and
hoses
that
comply
with
the
permeation
standards.
However,
even
if
this
were
not
the
case,
the
additional
two
or
three
dollars
that
it
would
cost
to
make
them
compliant
with
the
permeation
standards
is
trifling
in
comparison
with
the
normal
selling
price
for
these
vehicles.
They
should
therefore
expect
to
buy
and
sell
their
products
with
the
normal
markup
to
cover
their
costs
and
profit.
As
noted
below,
we
expect
all
21
known
smallbusiness
importers
to
face
compliance
costs
of
less
than
one
percent
of
their
revenues.
Thus,
EPA
has
determined
that
this
final
rule
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities.
We
also
made
some
changes
as
a
result
of
comments
received
on
the
proposal
that
we
believe
will
further
reduce
the
level
of
impact
to
small
entities
directly
regulated
by
the
rule.
These
can
be
found
below
in
Section
5,
``
Steps
Taken
to
Minimize
the
Impact
on
Small
Entities.''
Although
this
final
rule
will
not
have
a
significant
impact
on
a
substantial
number
of
small
entities,
EPA
has
prepared
a
Small
Business
Flexibility
Analysis
that
examines
the
impact
of
the
rule
on
small
entities,
along
with
regulatory
alternatives
that
could
reduce
that
impact.
This
analysis
would
meet
the
requirements
for
a
Final
Regulatory
Flexibility
Analysis
(
FRFA),
had
that
analysis
been
required.
The
Small
Business
Flexibility
Analysis
can
be
found
in
Chapter
8
of
the
Final
Regulatory
Support
Document,
which
is
available
for
review
in
the
docket
and
is
summarized
below.
The
key
elements
of
our
Small
Business
Flexibility
Analysis
include:
 
The
need
for,
and
objectives
of,
the
rule.
 
The
significant
issues
raised
by
public
comments,
a
summary
of
the
Agency's
assessment
of
those
issues,
and
a
statement
of
any
changes
made
to
the
proposed
rule
as
a
result
of
those
comments.
 
The
types
and
number
of
small
entities
to
which
the
rule
will
apply.
 
The
reporting,
record
keeping
and
other
compliance
requirement
of
the
rule.
 
The
steps
taken
to
minimize
the
impact
of
the
rule
on
small
entities,
consistent
with
the
stated
objectives
of
the
applicable
statute.
A
fuller
discussion
of
each
of
these
elements
can
be
found
in
the
Small
Business
Flexibility
Analysis
(
Chapter
8
of
the
Final
Regulatory
Support
Document).

1.
The
Need
for
and
Objectives
of
This
Rule
EPA
began
a
study
of
emissions
from
new
and
existing
nonroad
engines,
equipment,
and
vehicles
in
1991.
In
1994,
EPA
finalized
its
finding
that
nonroad
engines
as
a
whole
``
are
significant
contributors
to
ozone
or
carbon
monoxide
concentrations''
in
more
than
one
ozone
or
carbon
monoxide
nonattainment
area.
97
Clean
Air
Act
section
213
(
a)(
3)
then
requires
EPA
to
establish
standards
for
all
classes
and
categories
of
new
nonroad
engines
that
cause
or
contribute
to
ozone
or
CO
concentrations
in
more
than
one
ozone
or
CO
nonattainment
area
that
achieve
the
greatest
degree
of
emissions
reductions
achievable
taking
cost
and
other
factors
into
account.
Since
the
finding
in
1994,
EPA
has
been
engaged
in
the
process
of
establishing
programs
to
control
emissions
from
nonroad
engines
used
in
many
different
applications.
Nonroad
categories
already
regulated
include:
 
Land­
based
compression­
ignition
(
CI)
engines
(
such
as
farm
and
construction
equipment),
 
Small
land­
based
spark­
ignition
(
SI)
engines
(
such
as
lawn
and
garden
equipment
and
string
trimmers),
 
Marine
engines
(
outboards,
personal
watercraft,
commercial
marine
diesel,
marine
diesel
engines
under
37
kW),
 
Locomotive
engines.
EPA
issued
an
Advance
Notice
of
Proposed
Rulemaking
(
ANPRM)
on
December
7,
2000,
and
a
Notice
of
Proposed
Rulemaking
(
NPRM)
on
September
14,
2001,
which
continued
the
process
of
establishing
standards
for
nonroad
engines
and
vehicles,
with
proposed
new
emission
standards
for
recreational
marine
diesel
engines,
recreational
vehicles,
and
other
nonroad
spark­
ignition
engines
over
19
kW.
This
final
rule
includes
emission
standards
and
related
requirements
for
these
vehicles
and
engines
that
are
consistent
with
the
requirements
of
the
Act.

2.
Summary
of
Significant
Issues
Raised
by
Public
Comments
We
received
comments
from
engine
and
equipment
manufacturers
and
consumers,
both
during
the
SBAR
Panel
process
and
during
the
comment
period
after
we
issued
the
proposal.
Smallvolume
engine
and
equipment
manufacturers
commented
on
the
financial
hardships
they
would
face
in
complying
with
the
proposed
regulations.
Most
requested
that
we
consider
hardship
provisions,
primarily
an
exemption
from
or
a
delay
in
the
implementation
of
the
proposed
standards,
or
certain
flexibilities
in
the
certification
process.
Due
to
the
wide
variety
of
engines,
vehicles,
and
equipment
covered
by
this
rulemaking,
we
decided
that
a
variety
of
provisions
were
needed
to
address
the
concerns
of
the
small
entities
involved.
Changes
to
the
proposal
as
a
result
of
comments
from
small­
entity
representatives
or
others
are
noted
below
in
Section
5
for
each
of
the
sectors
affected
by
this
rule.
The
NPRM
proposed
only
exhaust
emission
controls
for
recreational
vehicles.
However,
several
commenters
raised
the
issue
of
control
of
evaporative
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Rules
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Regulations
emissions
related
to
permeation
from
fuel
tanks
and
fuel
hoses.
They
maintained
that
our
obligations
under
section
213
of
the
Clean
Air
Act
included
control
of
permeation
emissions,
and
pointed
to
work
done
by
the
California
ARB
on
emissions
from
plastic
fuel
tanks
and
rubber
fuel
line
hoses,
as
well
as
from
portable
plastic
fuel
containers.
Our
own
investigation
into
hydrocarbon
emissions
related
to
permeation
of
fuel
tanks
and
fuel
hoses
from
recreational
land­
based
and
marine
applications
also
supported
the
concerns
raised
by
the
commenters.
Therefore,
on
May
1,
2002,
we
published
a
notice
in
the
Federal
Register
reopening
the
comment
period
and
requesting
comment
on
possible
approaches
to
regulating
permeation
emissions
from
recreational
vehicles.
The
notice
also
included
the
expected
costs
and
emission
reductions
resulting
from
these
approaches.
Commenters
were
given
thirty
days
from
May
1,
2002
to
provide
comments
on
the
notice.
We
received
comments
from
several
affected
businesses,
including
at
least
one
small
entity.
These
comments
have
been
addressed
in
this
final
rulemaking,
including
several
changes
made
to
the
provisions
as
a
result
of
the
comments.

c.
Numbers
and
Types
of
Small
Entities
Affected
The
following
table
provides
an
overview
of
the
primary
SBA
small
business
categories
potentially
affected
by
this
regulation.

TABLE
XI.
C
 
1:
PRIMARY
SBA
SMALL
BUSINESS
CATEGORIES
POTENTIALLY
AFFECTED
BY
THIS
REGULATION
Industry
NAICSa
Codes
Defined
by
SBA
as
a
small
business
if:
b
Motorcycles
and
motorcycle
parts
manufacturers
........................................................................................
336991
<
500
employees.
Snowmobile
and
ATV
manufacturers
...........................................................................................................
336999
<
500
employees.
Independent
Commercial
Importers
of
Vehicles
and
parts
..........................................................................
421110
<
100
employees.
Nonroad
SI
engines
......................................................................................................................................
333618
<
1,000
employees.
Internal
Combustion
Engines
.......................................................................................................................
333618
<
1,000
employees.
Boat
Building
and
Repairing
.........................................................................................................................
336612
<
500
employees.
Fuel
Tank
Manufacturers
..............................................................................................................................
336211
<
1,000
employees.

a
North
American
Industry
Classification
System
b
According
to
SBA's
regulations
(
13
CFR
part
121),
businesses
with
no
more
than
the
listed
number
of
employees
or
dollars
in
annual
receipts
are
considered
``
small
entities''
for
purposes
of
a
regulatory
flexibility
analysis.

The
small
entities
directly
regulated
by
this
rule
are
the
following:
a.
Recreational
Vehicles
(
ATVs,
snowmobiles,
and
off­
highway
motorcycles).
The
ATV
sector
has
the
broadest
assortment
of
manufacturers.
There
are
seven
large
companies
representing
over
95
percent
of
total
domestic
ATV
sales.
The
remaining
5
percent
come
from
small
manufacturers
or
importers,
who
tend
to
import
inexpensive,
youth­
oriented
ATVs
from
China
and
other
Asian
nations.
We
have
identified
21
small
companies
that
offer
off­
highway
motorcycles,
ATVs,
or
both
products.
Annual
unit
sales
for
these
companies
can
range
from
a
few
hundred
to
several
thousand
units
per
year.
There
are
three
small
businesses
manufacturing
off­
highway
motorcycles
in
the
U.
S.
Two
of
these
make
only
competition
models,
so
do
not
need
to
certify
their
products
under
this
regulation.
The
remaining
off­
highway
motorcycle
manufacturer
already
offers
engines
that
should
be
meeting
the
new
emission
standards,
especially
under
our
provisions
allowing
design­
based
certification.
There
is
one
small
business
manufacturing
two
separate
youth
ATV
models.
This
company
already
uses
four­
stroke
engines.
Also,
the
standards
are
based
on
emissions
per
watt
hour,
which
are
less
costly
to
meet
for
models
with
smalldisplacement
engines.
As
a
result,
we
expect
both
of
these
manufacturers
to
face
compliance
costs
less
than
one
percent
of
their
revenues.
We
expect
all
21
small­
business
importers
to
face
compliance
costs
less
than
one
percent
of
their
revenues.
These
companies
incur
no
development
costs
and
they
are
not
involved
in
adding
emission­
control
hardware
or
other
variable
costs
to
provide
a
finished
product
to
market.
As
a
result,
they
should
expect
to
buy
and
sell
their
products
with
the
normal
mark­
up
to
cover
their
costs
and
profit.
During
the
SBAR
Panel
process,
the
concern
was
raised
that
importers
might
have
limited
access
to
certified
models
for
import.
We
received
no
comments
confirming
this
concern
and
believe
that
the
supply
of
four­
stroke
engines
for
ATVs
and
offhighway
motorcycles
will
continue
to
increase;
as
a
result
all
these
companies
should
be
able
to
find
manufacturers
that
are
able
to
supply
compliant
engines
into
the
U.
S.
market.
We
further
believe
that
compliance
with
the
permeation
standards
will
not
place
a
significant
burden
on
either
the
small
manufacturers
or
on
the
importers.
We
have
estimated
the
incremental
cost
of
compliance
for
ATVs
and
off­
highway
motorcycles
at
roughly
three
dollars
per
vehicle.
This
estimate
includes
shipping,
and
is
based
on
buying
the
necessary
lowpermeability
hoses
and
surface
treatment
for
the
fuel
tanks
from
outside
suppliers.
Thus,
no
capital
outlays
are
required,
and
the
increase
in
vehicle
cost
is
insignificant,
so
that
it
can
easily
be
passed
along
to
the
ultimate
consumer.
However,
to
ensure
that
these
requirements
do
not
adversely
affect
small
manufacturers,
we
are
implementing,
where
they
are
applicable
to
permeation,
the
same
flexibility
options
we
proposed
for
the
exhaust
emission
standards.
Based
on
available
industry
information,
four
major
manufacturers
account
for
over
99
percent
of
all
domestic
snowmobile
sales.
The
remaining
one
percent
comes
from
very
small
manufacturers
who
tend
to
specialize
in
unique
and
highperformance
designs.
One
potential
manufacturer
is
not
a
small
business,
but
hopes
to
produce
snowmobiles
within
the
next
year.
Most
of
these
manufacturers
build
less
than
50
units
per
year.
We
have
identified
three
small
manufacturers
of
snowmobiles
who
are
still
in
business
(
of
five
originally
identified).
Two
of
these
companies
specialize
in
high­
performance
versions
of
standard
recreational
snowmobile
types
(
i.
e.,
travel
and
mountain
sleds).
The
other
manufacturer
produces
a
unique
design,
which
is
a
small
scooterlike
snowmobile
designed
to
be
ridden
standing
up.
This
manufacturer
provided
no
response
to
repeated
outreach
efforts
to
determine
potential
economic
effects
of
the
final
rule,
but
could
be
expected
to
use
production
engines
certified
to
the
Small
SI
standards.
There
are
thus
three
small
businesses
currently
producing
snowmobiles
for
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Rules
and
Regulations
the
U.
S.
market.
One
of
these
currently
makes
a
mix
of
two­
stroke
and
fourstroke
models
and
will
likely
rely
on
the
provision
allowing
separate
standards
for
certain
manufacturers
to
produce
low­
emitting
engines
with
a
streamlined
development
effort.
Estimated
compliance
costs
for
this
company
are
less
than
one
percent
of
revenues.
Costs
for
the
company
producing
the
standup
snowmobile
should
also
be
less
than
one
percent.
The
third
manufacturer
sells
a
single
snowmobile
model
in
addition
to
a
sizable
business
of
supplying
aftermarket
parts
for
snowmobiles
from
other
manufacturers.
We
don't
have
revenue
information
for
the
whole
company,
but
with
such
low
sales
volumes,
we
estimate
that
this
company's
compliance
costs
could
reach
4
 
10
percent
of
annual
snowmobile
revenues.
Control
of
permeation
emissions
was
not
part
of
the
SBAR
Panel
process.
We
received
comments
from
one
small
snowmobile
manufacturer
who
stated
that
it
would
experience
additional
hardship
due
to
the
permeation
standards,
because
they
do
not
have
the
sales
volume
to
install
the
barrier
treatment
for
fuel
tanks
in­
house.
They
also
commented
that
if
shipping
and
processing
of
fuel
tanks
took
3
 
4
months,
it
would
be
difficult
for
a
small
business
to
tie
up
funds
for
so
long.
However,
we
believe
that
the
permeation
control
requirements
should
be
relatively
easy
for
small
businesses
to
meet,
given
the
relatively
low
costs
involved
($
5
to
$
7
per
sled,
based
on
outside
vendor
costs).
This
is
insignificant
in
comparison
to
the
cost
of
the
high­
end
sleds
that
this
company
produces
and
should
not
materially
affect
the
company's
cash
flow.
We
also
believe
it
is
not
necessary,
or
costeffective
for
a
small
entity
to
make
the
capital
investments
for
in­
house
treatment
facilities.
Low
permeation
fuel
hoses
are
available
from
vendors
today,
and
we
would
expect
that
surface
treatment
would
be
applied
through
an
outside
company,
rather
than
installing
a
treatment
facility
in
house.
In
any
event,
to
make
sure
that
these
requirements
do
not
adversely
affect
small
manufacturers,
we
are
implementing,
where
they
are
applicable
to
permeation,
the
same
flexibility
options
we
proposed
for
the
exhaust
emission
standards.
b.
Marine
Vessels.
Marine
vessels
include
the
boat,
engine,
and
fuel
system.
Exhaust
emission
controls
including
NTE
requirements,
as
addressed
in
the
August
29,
1999
and
July
17,
2001
SBAR
Panel
Reports,
may
affect
the
engine
manufacturers
and
may
affect
boat
builders.
We
have
determined
that
at
least
16
companies
manufacture
marine
diesel
engines
for
recreational
vessels.
Nearly
75
percent
of
diesel
engines
sales
for
recreational
vessels
in
2000
can
be
attributed
to
three
large
companies.
Six
of
the
16
identified
companies
are
considered
small
businesses
as
defined
by
SBA.
Based
on
sales
estimates
for
2000,
these
six
companies
represent
approximately
4
percent
of
recreational
marine
diesel
engine
sales.
The
remaining
companies
each
comprise
between
two
and
seven
percent
of
sales
for
2000.
We
are
thus
aware
of
six
small
businesses
producing
marine
diesel
engines
that
may
be
considered
recreational.
Three
of
these
companies
produce
both
commercial
and
recreational
models
without
significant
differences,
so
we
expect
them
to
meet
the
standards
in
this
final
rule
with
little
more
than
the
administrative
expenses
associated
with
including
recreational
models
in
their
commercial
engine
families.
High­
performance
recreational
marine
diesel
engines
already
include
technologies
that
help
control
NOX
emissions,
so
our
cost
estimates
include
relatively
modest
development
costs
to
add
new
technologies.
Moreover,
the
smallbusiness
provisions
allowing
substantial
additional
lead
time
provide
an
opportunity
for
these
companies
to
spread
development
and
certification
costs
over
several
years.
As
a
result,
we
expect
one
small
business
to
have
compliance
costs
approaching
one
percent
and
one
to
have
compliance
costs
between
1
and
3
percent.
One
very
small
business
could
have
compliance
costs
of
about
four
percent
of
annual
revenues.
c.
Large
Spark­
ignition
Engines.
We
are
aware
of
two
manufacturers
of
Large
SI
engines
qualifying
as
small
businesses.
One
of
these
companies
plans
to
produce
engines
that
meet
the
standards
adopted
by
California
ARB
in
2004,
with
the
possible
exception
of
one
engine
family.
The
other
company
is
attempting
to
restart
the
production
of
engines
from
another
failed
company.
This
company
did
not
exist
during
the
SBAR
Panel
process
associated
with
this
rule.
The
established
company
will
face
relatively
small
compliance
costs
as
a
result
of
this
rule,
since
Californiacompliant
engines
will
need
only
a
small
amount
of
additional
development
effort
to
meet
long­
term
standards.
These
costs
should
be
less
than
one
percent
of
revenues.
The
start­
up
company
faces
significant
development
costs,
though
much
of
this
effort
is
required
to
improve
the
engine
enough
to
sustain
a
market
presence
as
other
manufacturers
continue
to
make
improvements
to
competitive
engines.
Under
the
hardship
provisions,
we
expect
the
start­
up
company
to
spread
compliance
costs
over
several
years
to
reduce
the
impact
of
emission
standards.
We
nevertheless
estimate
that
the
compliance
costs
associated
with
meeting
EPA
emission
standards
are
about
5
percent
of
revenues.
Since
this
manufacturer
is
operating
in
a
niche
market,
with
customers
providing
public
comments
citing
the
need
for
these
engines,
we
expect
that
most
of
the
increased
cost
of
production
will
be
recovered
by
increased
revenues.
d.
Result
for
all
Small
Entities.
For
this
regulation
as
a
whole,
we
expect
32
small
businesses
to
have
total
compliance
costs
less
than
1
percent
of
their
annual
revenues.
We
estimate
that
one
company
will
have
compliance
costs
between
1
and
3
percent
of
revenues.
Three
companies
will
likely
have
compliance
costs
exceeding
3
percent
of
revenues,
but
at
least
one
will
likely
be
able
to
benefit
from
the
relief
provisions
outlined
below.
These
estimates
include
the
costs
for
compliance
with
the
permeation
standards.

4.
Reporting,
Record
Keeping,
and
Compliance
Requirements
For
any
emission­
control
program,
we
need
assurance
that
the
regulated
engines
will
meet
the
standards.
Historically,
EPA
programs
have
assigned
manufacturers
the
responsibility
to
provide
these
assurances.
This
final
rule
includes
testing,
reporting,
and
record
keeping
requirements.
Testing
requirements
for
some
manufacturers
include
certification
(
including
deterioration
testing)
and
production­
line
testing.
Reporting
and
record
keeping
requirements
include
test
data
and
technical
data
on
the
engines,
including
defect
reporting.

5.
Steps
Taken
To
Minimize
the
Impact
on
Small
Entities
The
two
SBAR
Panels
considered
a
variety
of
provisions
to
reduce
the
burden
of
complying
with
new
emission
standards
and
related
requirements.
Some
of
these
provisions
(
such
as
emission­
credit
programs)
would
apply
to
all
companies,
while
others
would
be
targeted
at
the
unique
circumstances
faced
by
small
businesses.
A
complete
discussion
of
the
regulatory
alternatives
recommended
by
the
Panels
can
be
found
in
the
Final
Panel
Reports.
Summaries
of
the
Panels'
recommended
alternatives
for
each
of
the
sectors
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8,
2002
/
Rules
and
Regulations
subject
to
this
action
can
also
be
found
in
their
respective
sections
of
the
preamble.
The
following
Panel
recommendations
are
being
finalized
by
the
Agency,
except
for
a
few
items
as
noted
below:

(
A)
Related
Federal
Rules
The
Panel
recommended
that
EPA
continue
to
consult
with
the
CPSC
in
developing
the
rule
to
better
understand
the
scope
of
the
Commission's
regulations
as
they
may
relate
to
the
competition
exemption.

(
B)
Regulatory
Flexibility
Alternatives
The
Panel
recommended
that
EPA
consider
and
seek
comments
on
a
wide
range
of
alternatives,
including
the
flexibility
options
described
below.
As
noted
above,
we
issued
a
subsequent
Federal
Register
notice
dated
May
1,
2002
(
67
FR
21613),
seeking
comment
on
applying
permeation
control
standards
for
fuel
tanks
and
fuel
hoses
used
on
recreational
vehicles.
The
flexibilities
listed
below
for
recreational
vehicles
would
generally
also
apply
to
those
controls,
which
would
effectively
extend
the
panel
recommendations
to
the
permeation
controls
as
well.

(
1)
Large
SI
Engines
The
Panel
recommended
that
EPA
propose
several
possible
provisions
to
address
concerns
that
the
new
EPA
standards
could
potentially
place
small
businesses
at
a
competitive
disadvantage
to
larger
entities
in
the
industry.
These
provisions
are
described
below.
(
a)
Using
Certification
and
Emission
Standards
From
Other
EPA
Programs.
The
Panel
made
several
recommendations
for
this
provision.
First,
the
Panel
recommended
that
EPA
temporarily
expand
this
arrangement
to
allow
small
numbers
of
constant­
speed
engines
up
to
2.5
liters
(
up
to
30kW)
to
be
certified
to
the
Small
SI
standards.
Second,
the
Panel
further
recommended
that
EPA
seek
comment
on
the
appropriateness
of
limiting
the
sales
level
of
300.
Third,
the
Panel
recommended
that
EPA
request
comment
on
the
anticipated
cap
of
30
kW
on
the
special
treatment
provisions
outlined
above,
or
whether
a
higher
cap
on
power
rating
is
appropriate.
Finally,
the
Panel
recommended
that
EPA
propose
to
allow
small­
volume
manufacturers
producing
engines
up
to
30kW
to
certify
to
the
Small
SI
standards
during
the
first
3
model
years
of
the
program.
Thereafter,
the
standards
and
test
procedures
which
could
apply
to
other
companies
at
the
start
of
the
program
would
apply
to
small
businesses.
We
are
not
adopting
this
provision
and
are
instead
relying
on
the
hardship
provisions
in
the
final
rule,
which
will
allow
us
to
accomplish
the
objective
of
the
proposed
provision
with
more
flexibility.
(
b)
Delay
of
Emission
Standards.
The
Panel
recommended
that
EPA
propose
to
delay
the
applicability
of
the
longterm
standards
to
small­
volume
manufacturers
for
three
years
beyond
the
date
at
which
they
would
generally
apply
to
accommodate
the
possibility
that
small
companies
need
to
undertake
further
design
work
to
adequately
optimize
their
designs
and
to
allow
them
to
recover
the
costs
associated
with
the
near­
term
emission
standards.
We
are
also
folding
this
provision
into
the
scope
of
the
hardship
provision,
but
have
decided
to
increase
the
delay
to
up
to
four
years,
depending
on
the
nature
of
the
hardship
involved.
(
c)
Production­
Line
Testing.
The
Panel
made
several
recommendations
for
this
provision.
First,
the
Panel
recommended
that
EPA
adopt
provisions
allowing
more
flexibility
than
is
available
under
the
California
Large
SI
program
or
other
EPA
programs
in
general
to
address
the
concern
that
production­
line
testing
is
another
area
where
small­
volume
manufacturers
typically
face
a
difficult
testing
burden.
Second,
the
Panel
recommended
that
EPA
allow
small­
volume
manufacturers
to
have
a
reduced
testing
rate
if
they
have
consistently
good
test
results
from
testing
production­
line
engines.
Finally,
the
Panel
recommended
that
EPA
allow
small­
volume
manufacturers
to
use
alternative
low­
cost
testing
options
to
show
that
production­
line
engines
meet
emission
standards.
(
d)
Deterioration
Factors.
The
Panel
recommended
that
EPA
allow
smallvolume
manufacturers
to
develop
deterioration
factors
based
on
available
emission
measurements
and
good
engineering
judgment.
(
e)
Hardship
Provision.
The
Panel
recommended
that
EPA
propose
two
types
of
hardship
provisions
for
Large
SI
engines.
First
the
Panel
recommended
that
EPA
allow
small
businesses
to
petition
EPA
for
up
to
three
years
of
additional
lead
time
to
comply
with
the
standards.
Second,
the
Panel
recommended
that
EPA
allow
small
businesses
to
apply
for
hardship
relief
if
circumstances
outside
their
control
cause
the
failure
to
comply
(
such
as
a
supply
contract
broken
by
a
parts
supplier)
and
if
the
failure
to
sell
the
subject
engines
would
have
a
major
impact
on
the
company's
solvency.
(
2)
Off­
Highway
Motorcycles
and
ATVs
The
NPRM
for
this
rule
discussed
several
flexibility
options
for
small
businesses
manufacturing
recreational
vehicles,
based
on
the
SBAR
Panel
process.
When
we
reopened
the
comment
period
on
May
1,
2002
to
request
comment
on
possible
approaches
to
regulating
permeation
emissions
from
recreational
vehicles,
we
did
not
specifically
discuss
small
business
issues.
However,
it
is
our
intent
that
these
provisions
carry
over
to
permeation
controls
as
well.
The
Panel
made
the
following
recommendations
for
this
subcategory:
(
a)
General
Recommendations.
(
1)
The
Panel
recommended
that
EPA
propose
to
apply
the
flexibilities
described
below
to
engines
produced
or
imported
by
small
entities
with
combined
offhighway
motorcycle
and
ATV
annual
sales
of
less
than
5,000
units
per
model
year.
(
2)
The
Panel
recommended
that
EPA
request
comment
on
the
appropriateness
of
the
5,000
unit
per
model
year
threshold.
(
3)
The
Panel
recommended
that
EPA
request
comment
on
allowing
small
entities
with
sales
in
excess
of
5,000
units
to
certify
using
the
flexible
approaches
described
below
for
a
number
of
engines
equal
to
their
2000
or
2001
sales
level.
(
4)
The
Panel
recommended
that
EPA
describe
and
seek
comment
on
the
effect
of
the
standards
on
these
entities,
including
a
request
for
any
data
and/
or
related
studies
to
estimate
the
extent
to
which
sales
of
their
products
are
likely
to
be
reduced
as
a
result
of
changes
in
product
price
that
are
attributable
to
the
emission
standards.
(
5)
The
Panel
recommended
that,
in
the
final
rule,
EPA
assess
any
information
received
in
response
to
this
request
for
purposes
of
informing
the
final
rule
decision
making
process
on
whether
additional
flexibility
(
beyond
that
considered
in
this
report)
is
warranted.
(
b)
Additional
Lead­
Time
To
Meet
Emission
Standards.
First,
the
Panel
recommended
that
EPA
propose
at
least
a
two­
year
delay,
but
seek
comment
on
whether
a
larger
time
period
is
appropriate
given
the
costs
of
compliance
for
small
businesses
and
the
relationship
between
importers
and
their
suppliers.
Second,
the
Panel
recommended
that
EPA
provide
additional
time
for
small­
volume
manufacturers
to
revise
their
manufacturing
process,
and
would
allow
importers
to
change
their
supply
chain
to
acquire
complying
products.
Third,
the
Panel
recommended
that
EPA
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2002
/
Rules
and
Regulations
request
comment
on
the
appropriate
length
for
a
delay
(
lead­
time).
(
c)
Design
Certification.
The
Panel
recommended
that
EPA
propose
to
permit
small
entities
to
use
designbased
certification.
The
Panel
also
recommended
that
EPA
work
with
the
small­
entity
representatives
and
other
members
of
the
industry
to
develop
appropriate
criteria
for
such
designbased
certification.
(
d)
Broaden
Engine
Families.
The
Panel
recommended
that
EPA
request
comment
on
engine
family
flexibility
and
conducting
design­
based
certification
emissions
testing.
(
e)
Production­
Line
Testing
Waiver.
The
Panel
recommended
that
EPA
propose
to
provide
small
manufacturers
and
small
importers
a
waiver
from
manufacturer
production­
line
testing.
The
Panel
also
recommended
that
EPA
request
comment
on
whether
limits
or
the
scope
of
this
waiver
are
appropriate.
(
f)
Use
of
Assigned
Deterioration
Factors
During
Certification.
The
Panel
recommended
that
EPA
propose
to
provide
small
business
with
the
option
to
use
assigned
deterioration
factors.
(
g)
Using
Certification
and
Emission
Standards
from
Other
EPA
Programs.
The
Panel
recommended
that
EPA
propose
to
provide
small
business
with
this
flexibility
through
the
fifth
year
of
the
program
and
request
comment
on
which
of
the
already
established
standards
and
programs
are
believed
to
be
a
useful
certification
option
for
the
small
businesses.
(
h)
Averaging,
Banking,
and
Trading.
The
Panel
recommended
that
EPA
propose
to
provide
small
business
with
the
same
averaging,
banking,
and
trading
program
flexibilities
that
would
apply
for
large
manufacturers
and
request
comment
on
how
the
provisions
could
be
enhanced
for
small
business
to
make
them
more
useful.
(
i)
Hardship
Provisions.
The
Panel
recommended
that
EPA
propose
two
types
of
hardship
program
for
offhighway
motorcycles
and
ATVs:
First,
EPA
should
allow
small
manufacturers
and
small
importers
to
petition
EPA
for
limited
additional
lead­
time
to
comply
with
the
standards.
Second,
EPA
should
allow
small
manufacturers
and
small
importers
to
apply
for
hardship
relief
if
circumstances
outside
their
control
cause
the
failure
to
comply
(
such
as
a
supply
contract
broken
by
a
parts
supplier)
and
if
failure
to
sell
the
subject
engines
or
vehicles
would
have
a
major
impact
on
the
company's
solvency.
The
Panel
also
recommended
that
EPA
propose
both
aspects
of
the
hardship
provisions
for
small
offhighway
motorcycle
and
ATV
manufacturers
and
importers
and
seek
comment
on
the
implementation
provisions.

(
3)
Marine
Vessels
(
a)
Delay
Standards
for
Five
Years.
The
Panel
recommended
that
EPA
delay
the
standards
for
five
years
for
small
businesses.
(
b)
Design­
Based
Certification.
The
Panel
recommended
that
EPA
allow
manufacturers
to
certify
by
design
and
to
be
able
use
this
to
generate
credits
under
this
approach.
The
Panel
also
recommended
that
EPA
provide
adequately
detailed
design
specifications
and
associated
emission
levels
for
several
technology
options
that
could
be
used
to
certify.
Although
we
proposed
this
approach,
we
were
unable
to
specify
any
technology
options
for
diesel
engines
that
could
be
used
for
design­
based
certification.
We
requested
comment
on
such
designs
and
received
no
comment.
Therefore,
we
are
not
finalizing
a
design­
based
certification
option.
However,
we
are
finalizing
the
engine
dresser
provisions
and
expanding
these
provisions
to
include
water­
cooled
turbocharging.
This
will
allow
some
engines
to
be
exempt
from
the
standards
based
on
design.
(
c)
Broadly
Defined
Product
Certification
Families.
The
Panel
recommended
that
EPA
take
comment
on
the
need
for
broadly
defined
emission
families
and
how
these
families
should
be
defined.
(
d)
Hardship
Provisions.
The
Panel
recommended
that
EPA
propose
two
types
of
hardship
programs
for
marine
engine
manufacturers,
boat
builders
and
fuel
tank
manufacturers:
First,
that
we
should
allow
small
businesses
to
petition
us
for
additional
lead
time
to
comply
with
the
standards.
Second,
EPA
should
allow
small
businesses
to
apply
for
hardship
relief
if
circumstances
outside
their
control
cause
the
failure
to
comply
(
such
as
a
supply
contract
broken
by
a
parts
supplier)
and
if
the
failure
to
sell
the
subject
fuel
tanks
or
boats
would
have
a
major
impact
on
the
company's
solvency.
The
Panel
also
recommended
that
EPA
work
with
small
manufacturers
to
develop
these
criteria
and
how
they
would
be
used.
(
e)
Burden
Reduction
Approaches
Designed
for
Small
Marinizers
of
Marine
Engines
With
Respect
to
NTE
Provisions.
The
Panel
recommended
that
EPA
specifically
include
NTE
in
a
design­
based
approach.

(
4)
Snowmobiles
As
noted
above,
permeation
standards
were
not
part
of
the
original
NPRM
for
this
rule,
which
incorporated
recommendations
from
the
SBAR
Panel
process.
When
we
reopened
the
comment
period
on
May
1,
2002
to
request
comment
on
possible
approaches
to
regulating
permeation
emissions
from
recreational
vehicles,
which
would
apply
to
snowmobiles
as
well
as
to
off­
highway
motorcycles
and
ATVs,
we
did
not
specifically
discuss
small
business
issues.
However,
it
is
our
intent
that
the
proposed
flexibilities
for
exhaust
emissions
carry
over
to
permeation
controls
for
all
three
vehicle
categories,
to
the
extent
that
they
are
applicable.
(
a)
Delay
of
Emission
Standards.
The
Panel
recommended
that
EPA
propose
to
delay
the
standards
for
small
snowmobile
manufacturers
by
two
years
from
the
date
at
which
other
manufacturers
would
be
required
to
comply.
The
Panel
also
recommended
that
EPA
propose
that
the
emission
standards
for
small
snowmobile
manufacturers
be
phased
in
over
an
additional
two
year
(
four
years
to
fully
implement
the
standard).
Thus,
the
2006
Phase
1
standards
would
be
phased
in
at
50/
100
percent
in
2008/
2009,
the
Phase
2
standards
would
be
phased
in
at
50/
100
percent
in
2012/
2013,
and
the
Phase
3
standards
would
be
phased
in
at
50/
100
percent
in
2014/
2015.
(
b)
Design­
Based
Certification.
The
Panel
recommended
that
EPA
take
comment
on
how
design­
based
certification
could
be
applied
to
small
snowmobile
manufacturers,
and
that
EPA
work
with
the
small
entities
in
the
design
and
implementation
of
this
concept.
(
c)
Broader
Engine
Families.
The
Panel
recommended
that
EPA
propose
a
provision
for
small
snowmobile
manufactures
that
would
use
relaxed
criteria
for
what
constitutes
an
engine
or
vehicle
family.
(
d)
Elimination
of
Production­
Line
Testing
Requirements.
The
Panel
recommended
that
EPA
propose
that
small
snowmobile
manufacturers
not
be
subject
to
production­
line
testing
requirements.
(
e)
Use
of
Assigned
DF
During
Certification.
The
Panel
recommended
that
EPA
propose
to
allow
small
snowmobile
manufacturers
to
elect
to
use
deterioration
factors
determined
by
EPA
to
demonstrate
end
of
useful
life
emission
levels,
thus
reducing
development/
testing
burdens,
rather
than
performing
a
durability
demonstration
for
each
engine
family
as
part
of
the
certification
testing
requirement.
(
f)
Using
Certification
and
Emission
Standards
From
Other
EPA
Programs.
The
Panel
recommended
that
EPA
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and
Regulations
propose
to
provide
small
business
with
the
flexibility
to
use
an
engine
certified
to
another
EPA
program
without
recertifying
it
in
its
new
application
provided
that
the
manufacturer
does
not
alter
the
engine
in
such
a
way
as
to
cause
it
to
exceed
the
emission
standards
it
was
originally
certified
to
meet.
(
g)
Averaging,
Banking
and
Trading.
The
Panel
recommended
that
EPA
propose
an
averaging,
banking
and
trading
program
for
snowmobiles,
and
seek
comment
on
additional
flexibilities
related
to
emission
credits
that
should
be
considered
for
small
snowmobile
manufacturers.
(
h)
Hardship
Provisions.
The
Panel
recommended
that
EPA
propose
two
types
of
hardship
programs
for
small
snowmobile
manufacturers.
First,
EPA
should
allow
small
snowmobile
manufacturers
to
petition
EPA
for
additional
lead
time
to
comply
with
the
standards.
Second,
EPA
should
allow
small
snowmobile
manufacturers
to
apply
for
hardship
relief
if
circumstances
outside
their
control
cause
the
failure
to
comply
(
such
as
a
supply
contract
broken
by
a
parts
supplier)
and
if
failure
to
sell
the
subject
engines
or
vehicles
would
have
a
major
impact
on
the
company's
solvency.
(
i)
Unique
Snowmobile
Engines.
The
Panel
recommended
that
EPA
seek
comment
on
an
additional
provision,
which
would
allow
a
small
snowmobile
manufacturer
to
petition
EPA
for
relaxed
standards
for
one
or
more
engine
families.
The
Panel
also
recommended
that
EPA
allow
a
provision
for
EPA
to
set
an
alternative
standard
at
a
level
between
the
prescribed
standard
and
the
baseline
level
until
the
engine
family
is
retired
or
modified
in
such
a
way
as
to
increase
emission
and
for
the
provision
to
be
extended
for
up
to
300
engines
per
year
per
manufacturer
would
assure
it
is
sufficiently
available
for
those
manufacturers
for
whom
the
need
is
greatest.
However,
we
received
comment
that
the
limit
of
300
is
too
restrictive
to
be
of
much
assistance
to
small
businesses.
Based
on
this
comment
we
are
adopting
a
limit
for
this
provision
of
600
snowmobiles
per
year.
Finally,
the
Panel
recommended
that
EPA
seek
comment
on
initial
and
deadline
dates
for
the
submission
of
such
petitions.
We
received
no
comments
in
this
area,
but
for
clarity
have
decided
to
require
at
least
nine
months
lead
time
by
the
petitioner.

(
5)
Conclusion
In
summary,
considering
both
exhaust
emission
and
permeation
regulations,
we
have
found
that
only
three
small
entities
are
likely
to
be
impacted
by
more
than
3
percent
of
their
sales,
and
the
degree
of
impact
is
likely
to
be
further
reduced
by
the
flexibilities
that
are
being
finalized
in
this
rulemaking.
Therefore,
this
final
rule
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities.

D.
Unfunded
Mandates
Reform
Act
Title
II
of
the
Unfunded
Mandates
Reform
Act
of
1995
(
UMRA),
Public
Law
104
 
4,
establishes
requirements
for
federal
agencies
to
assess
the
effects
of
their
regulatory
actions
on
state,
local,
and
tribal
governments
and
the
private
sector.
Under
section
202
of
the
UMRA,
EPA
generally
must
prepare
a
written
statement,
including
a
cost­
benefit
analysis,
for
proposed
and
final
rules
with
``
federal
mandates''
that
may
result
in
expenditures
to
state,
local,
and
tribal
governments,
in
the
aggregate,
or
to
the
private
sector,
of
$
100
million
or
more
in
any
one
year.
Before
promulgating
an
EPA
rule
for
which
a
written
statement
is
needed,
section
205
of
the
UMRA
generally
requires
EPA
to
identify
and
consider
a
reasonable
number
of
regulatory
alternatives
and
adopt
the
least
costly,
most
cost­
effective,
or
least
burdensome
alternative
that
achieves
the
objectives
of
the
rule.
The
provisions
of
section
205
do
not
apply
when
they
are
inconsistent
with
applicable
law.
Moreover,
section
205
allows
EPA
to
adopt
an
alternative
other
than
the
least
costly,
most
cost­
effective,
or
least
burdensome
alternative
if
the
Administrator
publishes
with
the
final
rule
an
explanation
of
why
that
alternative
was
not
adopted.
Before
EPA
establishes
any
regulatory
requirements
that
may
significantly
or
uniquely
affect
small
governments,
including
tribal
governments,
it
must
have
developed
under
section
203
of
the
UMRA
a
small
government
agency
plan.
The
plan
must
provide
for
notifying
potentially
affected
small
governments,
enabling
officials
of
affected
small
governments
to
have
meaningful
and
timely
input
in
the
development
of
EPA
regulatory
proposals
with
significant
federal
intergovernmental
mandates,
and
informing,
educating,
and
advising
small
governments
on
compliance
with
the
regulatory
requirements.
This
rule
contains
no
federal
mandates
for
state,
local,
or
tribal
governments
as
defined
by
the
provisions
of
Title
II
of
the
UMRA.
The
rule
imposes
no
enforceable
duties
on
any
of
these
governmental
entities.
Nothing
in
the
rule
would
significantly
or
uniquely
affect
small
governments.
EPA
has
determined
that
this
rule
contains
federal
mandates
that
may
result
in
expenditures
of
more
than
$
100
million
to
the
private
sector
in
any
single
year.
EPA
believes
that
this
rule
represents
the
least
costly,
most
costeffective
approach
to
achieve
the
air
quality
goals
of
the
rule.
The
costs
and
benefits
associated
with
the
rule
are
discussed
in
Section
IX
and
in
the
Small
Business
Support
Document,
as
required
by
the
UMRA.

E.
Executive
Order
13132:
Federalism
Executive
Order
13132,
entitled
``
Federalism''
(
64
FR
43255,
August
10,
1999),
requires
EPA
to
develop
an
accountable
process
to
ensure
``
meaningful
and
timely
input
by
State
and
local
officials
in
the
development
of
regulatory
policies
that
have
federalism
implications.''
``
Policies
that
have
federalism
implications''
are
defined
in
the
Executive
Order
to
include
regulations
that
have
``
substantial
direct
effects
on
the
States,
on
the
relationship
between
the
national
government
and
the
States,
or
on
the
distribution
of
power
and
responsibilities
among
the
various
levels
of
government.''
Under
Section
6
of
Executive
Order
13132,
EPA
may
not
issue
a
regulation
that
has
federalism
implications,
that
imposes
substantial
direct
compliance
costs,
and
that
is
not
required
by
statute,
unless
the
Federal
government
provides
the
funds
necessary
to
pay
the
direct
compliance
costs
incurred
by
State
and
local
governments,
or
EPA
consults
with
State
and
local
officials
early
in
the
process
of
developing
the
regulation.
EPA
also
may
not
issue
a
regulation
that
has
federalism
implications
and
that
preempts
State
law,
unless
the
Agency
consults
with
State
and
local
officials
early
in
the
process
of
developing
the
regulation.
Section
4
of
the
Executive
Order
contains
additional
requirements
for
rules
that
preempt
State
or
local
law,
even
if
those
rules
do
not
have
federalism
implications
(
i.
e.,
the
rules
will
not
have
substantial
direct
effects
on
the
States,
on
the
relationship
between
the
national
government
and
the
states,
or
on
the
distribution
of
power
and
responsibilities
among
the
various
levels
of
government).
Those
requirements
include
providing
all
affected
State
and
local
officials
notice
and
an
opportunity
for
appropriate
participation
in
the
development
of
the
regulation.
If
the
preemption
is
not
based
on
express
or
implied
statutory
authority,
EPA
also
must
consult,
to
the
extent
practicable,
with
appropriate
State
and
local
officials
regarding
the
conflict
between
State
law
and
Federally
protected
interests
within
the
agency's
area
of
regulatory
responsibility.

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and
Regulations
This
rule
does
not
have
federalism
implications.
It
will
not
have
substantial
direct
effects
on
the
States,
on
the
relationship
between
the
national
government
and
the
States,
or
on
the
distribution
of
power
and
responsibilities
among
the
various
levels
of
government,
as
specified
in
Executive
Order
13132.
Although
Section
6
of
Executive
Order
13132
does
not
apply
to
this
rule,
EPA
did
consult
with
representatives
of
various
State
and
local
governments
in
developing
this
rule.
EPA
has
also
consulted
representatives
from
STAPPA/
ALAPCO,
which
represents
state
and
local
air
pollution
officials.

F.
Executive
Order
13175:
Consultation
and
Coordination
With
Indian
Tribal
Governments
Executive
Order
13175,
entitled
``
Consultation
and
Coordination
with
Indian
Tribal
Governments''
(
65
FR
67249,
November
6,
2000),
requires
EPA
to
develop
an
accountable
process
to
ensure
``
meaningful
and
timely
input
by
tribal
officials
in
the
development
of
regulatory
policies
that
have
tribal
implications.''
``
Policies
that
have
tribal
implications''
is
defined
in
the
Executive
Order
to
include
regulations
that
have
``
substantial
direct
effects
on
one
or
more
Indian
tribes,
on
the
relationship
between
the
Federal
government
and
the
Indian
tribes,
or
on
the
distribution
of
power
and
responsibilities
between
the
Federal
government
and
Indian
tribes.''
This
rule
does
not
have
tribal
implications.
It
will
not
have
substantial
direct
effects
on
tribal
governments,
on
the
relationship
between
the
Federal
government
and
Indian
tribes,
or
on
the
distribution
of
power
and
responsibilities
between
the
Federal
government
and
Indian
tribes,
as
specified
in
Executive
Order
13175.
The
emission
standards
and
other
related
requirements
for
private
businesses
in
this
rule
have
national
applicability
and
therefore
do
not
uniquely
affect
the
communities
of
Indian
Tribal
Governments.
Further,
no
circumstances
specific
to
such
communities
exist
that
would
cause
an
impact
on
these
communities
beyond
those
discussed
in
the
other
sections
of
this
rule.
Thus,
Executive
Order
13175
does
not
apply
to
this
rule.

G.
Executive
Order
13045:
Protection
of
Children
From
Environmental
Health
and
Safety
Risks
Executive
Order
13045,
``
Protection
of
Children
from
Environmental
Health
Risks
and
Safety
Risks''
(
62
FR
19885,
April
23,
1997)
applies
to
any
rule
that
(
1)
is
determined
to
be
``
economically
significant''
as
defined
under
Executive
Order
12866,
and
(
2)
concerns
an
environmental
health
or
safety
risk
that
EPA
has
reason
to
believe
may
have
a
disproportionate
effect
on
children.
If
the
regulatory
action
meets
both
criteria,
Section
5
 
501
of
the
Order
directs
the
Agency
to
evaluate
the
environmental
health
or
safety
effects
of
the
planned
rule
on
children,
and
explain
why
the
planned
regulation
is
preferable
to
other
potentially
effective
and
reasonably
feasible
alternatives
considered
by
the
Agency.
This
rule
is
not
subject
to
the
Executive
Order
because
it
does
not
involve
decisions
on
environmental
health
or
safety
risks
that
may
disproportionately
affect
children.
The
effects
of
ozone
and
PM
on
children's
health
were
addressed
in
detail
in
EPA's
rulemaking
to
establish
the
NAAQS
for
these
pollutants,
and
EPA
is
not
revisiting
those
issues
here.
EPA
believes,
however,
that
the
emission
reductions
from
the
strategies
in
this
rulemaking
will
further
reduce
air
toxics
and
the
related
adverse
impacts
on
children's
health.

H.
Executive
Order
13211:
Actions
That
Significantly
Affect
Energy
Supply,
Distribution,
or
Use
This
rule
is
not
a
``
significant
energy
action''
as
defined
in
Executive
Order
13211,
``
Actions
Concerning
Regulations
That
Significantly
Affect
Energy
Supply,
Distribution,
or
Use''
(
66
FR
28355
(
May
22,
2001))
because
it
is
not
likely
to
have
a
significant
adverse
effect
on
the
supply,
distribution
or
use
of
energy.
The
aim
to
reduce
emissions
from
certain
nonroad
engines
and
have
no
effect
on
fuel
formulation,
distribution,
or
use.
Generally,
the
final
rule
leads
to
reduced
fuel
usage
due
to
the
improvements
in
engine­
based
emission­
control
technologies.

I.
National
Technology
Transfer
and
Advancement
Act
Section
12(
d)
of
the
National
Technology
Transfer
and
Advancement
Act
of
1995
(``
NTTAA''),
Public
Law
104
 
113,
section
12(
d)
(
15
U.
S.
C.
272
note)
directs
EPA
to
use
voluntary
consensus
standards
in
its
regulatory
activities
unless
doing
so
would
be
inconsistent
with
applicable
law
or
otherwise
impractical.
Voluntary
consensus
standards
are
technical
standards
(
such
as
materials
specifications,
test
methods,
sampling
procedures,
and
business
practices)
that
are
developed
or
adopted
by
voluntary
consensus
standards
bodies.
NTTAA
directs
EPA
to
provide
Congress,
through
OMB,
explanations
when
the
Agency
decides
not
to
use
available
and
applicable
voluntary
consensus
standards.
This
rule
involves
technical
standards.
The
following
paragraphs
describe
how
we
specify
testing
procedures
for
engines
subject
to
this
rule.
The
International
Organization
for
Standardization
(
ISO)
has
a
voluntary
consensus
standard
that
can
be
used
to
test
Large
SI
engines.
However,
the
current
version
of
that
standard
(
ISO
8178)
is
applicable
only
for
steady­
state
testing,
not
for
transient
testing.
As
described
in
the
Final
Regulatory
Support
Document,
transient
testing
is
an
important
part
of
the
emissioncontrol
program
for
these
engines.
We
are
therefore
not
adopting
the
ISO
procedures
in
this
rulemaking.
Underwriters
Laboratories
(
UL)
has
adopted
voluntary
consensus
standards
for
forklifts
that
are
relevant
to
the
new
requirements
for
Large
SI
engines.
UL
sets
a
maximum
temperature
specification
for
gasoline
and,
for
forklifts
used
in
certain
applications,
defines
requirements
to
avoid
venting
from
gasoline
fuel
tanks.
We
are
adopting
a
different
temperature
limit,
because
the
maximum
temperature
specified
by
UL
does
not
prevent
fuel
boiling.
We
are
adopting
separate
measures
to
address
venting
of
gasoline
vapors,
because
of
UL's
provisions
to
allow
venting
with
an
orifice
up
to
1.78
mm
(
0.070
inches).
We
believe
forklifts
with
such
a
vent
would
have
unnecessarily
high
evaporative
emissions.
If
the
UL
standard
is
revised
to
address
these
technical
concerns,
it
would
be
appropriate
to
reference
the
UL
standard
in
our
regulations.
An
additional
concern
relates
to
the
fact
that
the
UL
requirements
apply
only
to
forklifts
(
and
not
all
forklifts
in
the
case
of
the
restriction
on
vapor
venting).
EPA
regulations
would
therefore
need
to,
at
a
minimum,
extend
any
published
UL
standards
to
other
engines
and
equipment
to
which
the
UL
standards
would
otherwise
not
apply.
The
Gas
Processors
Association
has
adopted
standards
with
fuel
specifications
for
liquefied
petroleum
gas.
However,
there
is
no
existing
regulations
requiring
suppliers
to
meet
these
specifications.
Comments
received
on
the
rule
indicate
a
high
level
of
concern
that
in­
use
fuel
quality
does
not
meet
the
published
voluntary
standards,
so
we
are
not
relying
on
these
fuel
specifications
to
define
fuels
for
certification
testing.
We
are
adopting
requirements
to
test
off­
highway
motorcycles
and
all­
terrain
vehicles
with
the
Federal
Test
Procedure,
a
chassis­
based
transient
test.
There
is
no
voluntary
consensus
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standard
that
would
adequately
address
engine
or
vehicle
operation
for
suitable
emission
measurement.
Furthermore,
we
are
interested
in
pursuing
an
enginebased
test
procedure
for
all­
terrain
vehicles.
We
intend
to
develop
a
new
duty
cycle
for
this,
because
there
is
no
acceptable
engine
duty
cycle
today
that
would
adequately
represent
the
way
these
engines
operate.
For
snowmobiles,
we
are
adopting
test
procedures
based
on
work
that
has
been
published,
but
not
yet
adopted
as
a
voluntary
consensus
standard.
For
recreational
marine
diesel
engines,
we
are
adopting
the
same
test
procedures
that
we
have
established
for
commercial
marine
diesel
engines
(
with
a
new
duty
cycle
appropriate
for
recreational
applications).
We
are
again
adopting
these
procedures
in
place
of
the
ISO
8178
standard
that
would
apply
to
these
engines.
We
believe
that
ISO
8178
relies
too
heavily
on
reference
testing
conditions.
Because
our
test
procedures
need
to
represent
in­
use
operation
typical
of
operation
in
the
field,
they
must
be
based
on
a
range
of
ambient
conditions.
We
determined
that
the
ISO
procedures
are
not
broadly
usable
in
their
current
form,
and
therefore
should
not
be
adopted
by
reference.
We
remain
hopeful
that
future
ISO
test
procedures
will
be
developed
that
are
usable
and
accurate
for
the
broad
range
of
testing
needed,
and
that
such
procedures
could
then
be
adopted.
We
expect
that
any
such
development
of
revised
test
procedures
will
be
done
in
accordance
with
ISO
procedures
and
in
a
balanced
and
transparent
manner
that
includes
the
involvement
of
all
interested
parties,
including
industry,
U.
S.
EPA,
foreign
government
organizations,
state
governments,
and
environmental
groups.
In
so
doing,
we
believe
that
the
resulting
procedures
would
be
``
global''
test
procedures
that
can
facilitate
the
free
flow
of
international
commerce
for
these
products.

J.
Congressional
Review
Act
The
Congressional
Review
Act,
5
U.
S.
C.
801
et
seq.,
as
added
by
the
Small
Business
Regulatory
Enforcement
Fairness
Act
of
1996,
generally
provides
that
before
a
rule
may
take
effect,
the
agency
promulgating
the
rule
must
submit
a
rule
report,
which
includes
a
copy
of
the
rule,
to
each
House
of
the
Congress
and
to
the
Comptroller
General
of
the
United
States.
EPA
will
submit
a
report
containing
this
rule
and
other
required
information
to
the
U.
S.
Senate,
the
U.
S.
House
of
Representatives,
and
the
Comptroller
General
of
the
United
States
prior
to
publication
of
the
rule
in
the
Federal
Register.
This
rule
is
a
``
major
rule''
as
defined
by
5
U.
S.
C.
804(
2).

K.
Plain
Language
This
document
follows
the
guidelines
of
the
June
1,
1998
Executive
Memorandum
on
Plain
Language
in
Government
Writing.
To
read
the
text
of
the
regulations,
it
is
also
important
to
understand
the
organization
of
the
Code
of
Federal
Regulations
(
CFR).
The
CFR
uses
the
following
organizational
names
and
conventions.
Title
40
 
Protection
of
the
Environment
Chapter
I
 
Environmental
Protection
Agency
Subchapter
C
 
Air
Programs.
This
contains
parts
50
to
99,
where
the
Office
of
Air
and
Radiation
has
usually
placed
emission
standards
for
motor
vehicle
and
nonroad
engines.
Subchapter
U
 
Air
Programs
Supplement.
This
contains
parts
1000
to
1299,
where
we
intend
to
place
regulations
for
air
programs
in
future
rulemakings.
Part
1048
 
Control
of
Emissions
from
New,
Large,
Nonrecreational,
Nonroad
Spark­
ignition
Engines.
Most
of
the
provisions
in
this
part
apply
only
to
engine
manufacturers.
Part
1051
 
Control
of
Emissions
from
Recreational
Engines
and
Vehicles.
Most
of
the
provisions
in
this
part
apply
only
to
vehicle
manufacturers.
Part
1065
 
General
Test
Procedures
for
Engine
Testing.
Provisions
of
this
part
apply
to
anyone
who
tests
engines
to
show
that
they
meet
emission
standards.
Part
1068
 
General
Compliance
Provisions
for
Engine
Programs.
Provisions
of
this
part
apply
to
everyone.
Each
part
in
the
CFR
has
several
subparts,
sections,
and
paragraphs.
The
following
illustration
shows
how
these
fit
together.

Part
1048
Subpart
A
Section
1048.1
(
a)
(
b)
(
1)
(
2)
(
i)
(
ii)

A
cross
reference
to
§
1048.1(
b)
in
this
illustration
would
refer
to
the
parent
paragraph
(
b)
and
all
its
subordinate
paragraphs.
A
reference
to
§
1048.1(
b)
introductory
text''
would
refer
only
to
the
single,
parent
paragraph
(
b).
List
of
Subjects
40
CFR
Part
89
Environmental
protection,
Administrative
practice
and
procedure,
Confidential
business
information,
Imports,
Labeling,
Motor
vehicle
pollution,
Reporting
and
recordkeeping
requirements,
Research,
Vessels,
Warranties.

40
CFR
Part
90
Environmental
protection,
Administrative
practice
and
procedure,
Air
pollution
control,
Confidential
business
information,
Imports,
Labeling,
Reporting
and
recordkeeping
requirements,
Research,
Warranties.

40
CFR
Part
91
Environmental
protection,
Administrative
practice
and
procedure,
Air
pollution
control,
Confidential
business
information,
Imports,
Labeling,
Penalties,
Reporting
and
recordkeeping
requirements,
Warranties.

40
CFR
Part
94
Environmental
protection,
Administrative
practice
and
procedure,
Air
pollution
control,
Confidential
business
information,
Imports,
Penalties,
Reporting
and
recordkeeping
requirements,
Vessels,
Warranties.

40
CFR
Part
1048
Environmental
protection,
Administrative
practice
and
procedure,
Air
pollution
control,
Confidential
business
information,
Imports,
Incorporation
by
reference,
Labeling,
Penalties,
Reporting
and
recordkeeping
requirements,
Research,
Warranties.

40
CFR
Part
1051
Environmental
protection,
Administrative
practice
and
procedure,
Air
pollution
control,
Confidential
business
information,
Imports,
Incorporation
by
reference,
Labeling,
Penalties,
Reporting
and
recordkeeping
requirements,
Warranties.

40
CFR
Part
1065
Environmental
protection,
Administrative
practice
and
procedure,
Incorporation
by
reference,
Reporting
and
recordkeeping
requirements,
Research.

40
CFR
Part
1068
Environmental
protection,
Administrative
practice
and
procedure,
Confidential
business
information,
Imports,
Motor
vehicle
pollution,
Penalties,
Reporting
and
recordkeeping
requirements,
Warranties.

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2002
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Rules
and
Regulations
Dated:
September
13,
2002.
Christine
Todd
Whitman,
Administrator.

For
the
reasons
set
out
in
the
preamble,
title
40,
chapter
I
of
the
Code
of
Federal
Regulations
is
amended
as
set
forth
below.

PART
89
 
CONTROL
OF
EMISSIONS
FROM
NEW
AND
IN­
USE
NONROAD
COMPRESSION­
IGNITION
ENGINES
1.
The
authority
for
part
89
continues
to
read
as
follows:

Authority:
42
U.
S.
C.
7521,
7522,
7523,
7524,
7525,
7541,
7542,
7543,
7545,
7547,
7549,
7550,
and
7601(
a).

Subpart
A
 
[
Amended]

2.
Section
89.2
is
amended
by
adding
definitions
for
``
Aircraft'',
``
Sparkignition
and
``
United
States''
in
alphabetic
order
and
revising
the
definition
of
``
Compression­
ignition''
to
read
as
follows:

§
89.2
Definitions.

*
*
*
*
*
Aircraft
means
any
vehicle
capable
of
sustained
air
travel
above
treetop
heights.
*
*
*
*
*
Compression­
ignition
means
relating
to
a
type
of
reciprocating,
internalcombustion
engine
that
is
not
a
sparkignition
engine.
*
*
*
*
*
Spark­
ignition
means
relating
to
a
gasoline­
fueled
engine
or
other
engines
with
a
spark
plug
(
or
other
sparking
device)
and
with
operating
characteristics
significantly
similar
to
the
theoretical
Otto
combustion
cycle.
Spark­
ignition
engines
usually
use
a
throttle
to
regulate
intake
air
flow
to
control
power
during
normal
operation.
*
*
*
*
*
United
States
means
the
States,
the
District
of
Columbia,
the
Commonwealth
of
Puerto
Rico,
the
Commonwealth
of
the
Northern
Mariana
Islands,
Guam,
American
Samoa,
the
U.
S.
Virgin
Islands,
and
the
Trust
Territory
of
the
Pacific
Islands.
*
*
*
*
*

Subpart
B
 
[
Amended]

3.
Section
89.106
is
amended
by
revising
paragraph
(
b)
read
as
follows:

§
89.106
Prohibited
controls.

*
*
*
*
*
(
b)
You
may
not
design
your
engines
with
emission­
control
devices,
systems,
or
elements
of
design
that
cause
or
contribute
to
an
unreasonable
risk
to
public
health,
welfare,
or
safety
while
operating.
For
example,
this
would
apply
if
the
engine
emits
a
noxious
or
toxic
substance
it
would
otherwise
not
emit
that
contributes
to
such
an
unreasonable
risk.

PART
90
 
CONTROL
OF
EMISSIONS
FROM
NONROAD
SPARK­
IGNITION
ENGINES
AT
OR
BELOW
19
KILOWATTS
4.
The
heading
to
part
90
is
revised
to
read
as
set
forth
above.
5.
The
authority
for
part
90
continues
to
read
as
follows:

Authority:
42
U.
S.
C.
7521,
7522,
7523,
7524,
7525,
7541,
7542,
7543,
7547,
7549,
7550,
and
7601(
a).

Subpart
A
 
[
Amended]

6.
Section
90.1
is
revised
to
read
as
follows:

§
90.1
Applicability.

(
a)
This
part
applies
to
new
nonroad
spark­
ignition
engines
and
vehicles
with
gross
power
output
at
or
below
19
kilowatts
(
kW)
used
for
any
purpose,
unless
we
exclude
them
under
paragraph
(
d)
of
this
section.
(
b)
This
part
also
applies
to
engines
with
a
gross
power
output
above
19
kW
if
the
manufacturer
uses
the
provisions
of
40
CFR
1048.615
or
1051.145(
a)(
3)
to
exempt
them
from
the
requirements
of
40
CFR
part
1048
or
1051,
respectively.
Compliance
with
the
provisions
of
this
part
is
a
required
condition
of
those
exemptions.
(
c)
[
Reserved]
(
d)
The
following
nonroad
engines
and
vehicles
are
not
subject
to
the
provisions
of
this
part:
(
1)
Engines
certified
to
meet
the
requirements
of
40
CFR
part
1051
(
e.
g.,
engines
used
in
snowmobiles).
This
part
nevertheless
applies
to
engines
used
in
recreational
vehicles
if
the
manufacturer
uses
the
provisions
of
40
CFR
1051.145(
a)(
3)
to
exempt
them
from
the
requirements
of
40
CFR
part
1051.
Compliance
with
the
provisions
of
this
part
is
a
required
condition
of
that
exemption.
(
2)
Engines
used
in
highway
motorcycles.
See
40
CFR
part
86,
subpart
E.
(
3)
Propulsion
marine
engines.
See
40
CFR
part
91.
This
part
applies
with
respect
to
auxiliary
marine
engines.
(
4)
Engines
used
in
aircraft.
See
40
CFR
part
87.
(
5)
Engines
certified
to
meet
the
requirements
of
40
CFR
part
1048.
(
6)
Hobby
engines.
(
7)
Engines
that
are
used
exclusively
in
emergency
and
rescue
equipment
where
no
certified
engines
are
available
to
power
the
equipment
safely
and
practically,
but
not
including
generators,
alternators,
compressors
or
pumps
used
to
provide
remote
power
to
a
rescue
tool.
The
equipment
manufacturer
bears
the
responsibility
to
ascertain
on
an
annual
basis
and
maintain
documentation
available
to
the
Administrator
that
no
appropriate
certified
engine
is
available
from
any
source.
(
e)
Engines
subject
to
the
provisions
of
this
subpart
are
also
subject
to
the
provisions
found
in
subparts
B
through
N
of
this
part,
except
that
Subparts
C,
H,
M
and
N
of
this
part
apply
only
to
Phase
2
engines
as
defined
in
this
subpart.
(
f)
Certain
text
in
this
part
is
identified
as
pertaining
to
Phase
1
or
Phase
2
engines.
Such
text
pertains
only
to
engines
of
the
specified
Phase.
If
no
indication
of
Phase
is
given,
the
text
pertains
to
all
engines,
regardless
of
Phase.
7.
Section
90.2
is
amended
by
adding
a
new
paragraph
(
c)
to
read
as
follows:

§
90.2
Effective
dates.

*
*
*
*
*
(
c)
Notwithstanding
paragraphs
(
a)
and
(
b)
of
this
section,
engines
used
in
recreational
vehicles
with
engine
rated
speed
greater
than
or
equal
to
5,000
rpm
and
with
no
installed
speed
governor
are
not
subject
to
the
provisions
of
this
part
through
the
2005
model
year.
Starting
with
the
2006
model
year,
all
the
requirements
of
this
part
apply
to
engines
used
in
these
vehicles
if
they
are
not
included
in
the
scope
of
40
CFR
part
1051.
8.
Section
90.3
is
amended
by
adding
definitions
for
``
Aircraft'',
``
Hobby
engines'',
``
Marine
engine'',
``
Marine
vessel'',
``
Recreational'',
and
``
United
States''
in
alphabetical
order,
to
read
as
follows:

§
90.3
Definitions.

*
*
*
*
*
Aircraft
means
any
vehicle
capable
of
sustained
air
travel
above
treetop
heights.
*
*
*
*
*
Hobby
engines
means
engines
used
in
reduced­
scale
models
of
vehicles
that
are
not
capable
of
transporting
a
person
(
for
example,
model
airplanes).
Marine
engine
means
an
engine
that
someone
installs
or
intends
to
install
on
a
marine
vessel.
There
are
two
kinds
of
marine
engines:
(
1)
Propulsion
marine
engine
means
a
marine
engine
that
moves
a
vessel
through
the
water
or
directs
the
vessel's
movement.
(
2)
Auxiliary
marine
engine
means
a
marine
engine
not
used
for
propulsion.

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Regulations
Marine
vessel
means
a
vehicle
that
is
capable
of
operation
in
water
but
is
not
capable
of
operation
out
of
water.
Amphibious
vehicles
are
not
marine
vessels.
*
*
*
*
*
Recreational
means,
for
purposes
of
this
part,
relating
to
a
vehicle
intended
by
the
vehicle
manufacturer
to
be
operated
primarily
for
pleasure.
*
*
*
*
*
United
States
means
the
States,
the
District
of
Columbia,
the
Commonwealth
of
Puerto
Rico,
the
Commonwealth
of
the
Northern
Mariana
Islands,
Guam,
American
Samoa,
the
U.
S.
Virgin
Islands,
and
the
Trust
Territory
of
the
Pacific
Islands.
*
*
*
*
*

Subpart
B
 
[
Amended]

9.
Section
90.103
is
amended
by
redesignating
paragraph
(
a)(
2)(
v)
as
paragraph
(
a)(
2)(
vi)
and
adding
a
new
paragraph
(
a)(
2)(
v)
to
read
as
follows:

§
90.103
Exhaust
emission
standards.
(
a)*
*
*
(
2)*
*
*
(
v)
The
engine
must
be
used
in
a
recreational
application,
with
a
combined
total
vehicle
dry
weight
under
20
kilograms;
*
*
*
*
*
10.
Section
90.110
is
amended
by
revising
paragraph
(
b)
to
read
as
follows:
§
90.110
Requirement
of
certification
 
prohibited
controls.

*
*
*
*
*
(
b)
You
may
not
design
your
engines
with
emission­
control
devices,
systems,
or
elements
of
design
that
cause
or
contribute
to
an
unreasonable
risk
to
public
health,
welfare,
or
safety
while
operating.
For
example,
this
would
apply
if
the
engine
emits
a
noxious
or
toxic
substance
it
would
otherwise
not
emit
that
contributes
to
such
an
unreasonable
risk.

PART
91
 
CONTROL
OF
EMISSIONS
FROM
MARINE
SPARK
 
IGNITION
ENGINES
11.
The
authority
for
part
91
continues
to
read
as
follows:

Authority:
42
U.
S.
C.
7521,
7522,
7523,
7524,
7525,
7541,
7542,
7543,
7547,
7549,
7550,
and
7601(
a).

Subpart
A
 
[
Amended]

12.
Section
91.3
is
amended
by
adding
the
definition
for
``
United
States''
in
alphabetical
order
to
read
as
follows:

§
91.3
Definitions.

*
*
*
*
*
United
States
means
the
States,
the
District
of
Columbia,
the
Commonwealth
of
Puerto
Rico,
the
Commonwealth
of
the
Northern
Mariana
Islands,
Guam,
American
Samoa,
the
U.
S.
Virgin
Islands,
and
the
Trust
Territory
of
the
Pacific
Islands.
*
*
*
*
*

Subpart
B
 
[
Amended]

13.
Section
91.110
is
amended
by
revising
paragraph
(
b)
to
read
as
follows:

§
91.110
Requirement
of
certification
 
prohibited
controls.

*
*
*
*
*
(
b)
You
may
not
design
your
engines
with
emission­
control
devices,
systems,
or
elements
of
design
that
cause
or
contribute
to
an
unreasonable
risk
to
public
health,
welfare,
or
safety
while
operating.
For
example,
this
would
apply
if
the
engine
emits
a
noxious
or
toxic
substance
it
would
otherwise
not
emit
that
contributes
to
such
an
unreasonable
risk.

Subpart
E
 
[
Amended]

14.
Section
91.419
is
amended
in
paragraph
(
b)
by
revising
the
equations
for
MHCexh
and
Mexh
to
read
as
follows:

§
91.419
Raw
emission
sampling
calculations.

*
*
*
*
*
(
b)
*
*
*
MHCexh
=
12.01
+
1.008
×
a
*
*
*
*
*

M
K)

28
(
1
exh
=
×
+
×
+
×
+
×
+
×
+
×
 

+
×
 
 
 
 
 
 
×
 
 
 
 
 
 
 
M
WHC
WCO
WCO
WNO
WH
WHC
WCO
WCO
WNO
WH
K
HC
x
x
exh
10
28
01
10
44
1
10
46
01
10
2
016
10
18
01
1
01
100
10
10
100
10
6
2
2
2
6
2
2
4
2
4
2
2
.
.

.
.
.
(

.
)

*
*
*
*
*

Subpart
G
 
[
Amended]

15.
Appendix
A
to
Subpart
G
of
part
91
is
amended
by
revising
Table
1
to
read
as
follows:

Appendix
A
to
Subpart
G
of
Part
91
 
Sampling
Plans
for
Selective
Enforcement
Auditing
of
Marine
Engines
TABLE
1.
 
SAMPLING
PLAN
CODE
LETTER
Annual
engine
family
sales
Code
letter
20
 
50
.....................................
AA1
TABLE
1.
 
SAMPLING
PLAN
CODE
LETTER
 
Continued
Annual
engine
family
sales
Code
letter
20
 
99
.....................................
A1
100
 
299
.................................
B
300
 
499
.................................
C
500
or
greater
........................
D
1
A
manufacturer
may
optionally
use
either
the
sampling
plan
for
code
letter
``
AA''
or
sampling
plan
for
code
letter
``
A''
for
Selective
Enforcement
Audits
of
engine
families
with
annual
sales
between
20
and
50
engines.
Additional
the
manufacturers
may
switch
between
these
plans
during
the
audit.

*
*
*
*
*
Subpart
I
 
[
Amended]

16.
Section
91.803
is
amended
by
revising
paragraph
(
a)
to
read
as
follows:

§
91.803
Manufacturer
in­
use
testing
program.

(
a)
EPA
shall
annually
identify
engine
families
and
those
configurations
within
families
which
the
manufacturers
must
then
subject
to
in­
use
testing.
For
each
model
year,
EPA
may
identify
the
following
number
of
engine
families
for
testing,
based
on
the
number
of
the
manufacturer's
engine
families
to
which
this
subpart
is
applicable
produced
in
that
model
year:

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217
/
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November
8,
2002
/
Rules
and
Regulations
(
1)
For
manufactures
with
three
or
fewer
engine
families,
EPA
may
identify
a
single
engine
family.
(
2)
For
manufacturers
with
four
or
more
engine
families,
EPA
may
identify
a
number
of
engine
families
that
is
no
greater
than
twenty­
five
percent
of
the
number
of
engine
families
to
which
this
subpart
is
applicable
that
are
produced
by
the
manufacturer
in
that
model
year.
*
*
*
*
*

PART
94
 
CONTROL
OF
EMISSIONS
FROM
MARINE
COMPRESSIONIGNITION
ENGINES
17.
The
heading
to
part
94
is
revised
to
read
as
set
forth
above.
18.
The
authority
citation
for
part
94
continues
to
read
as
follows:

Authority:
42
U.
S.
C.
7522,
7523,
7524,
7525,
7541,
7542,
7543,
7545,
7547,
7549,
7550
and
7601(
a).

Subpart
A
 
[
Amended]

19.
Section
94.1
is
revised
to
read
as
follows:

§
94.1
Applicability.
(
a)
Except
as
noted
in
paragraphs
(
b)
and
(
c)
of
this
section,
the
provisions
of
this
part
apply
to
manufacturers
(
including
post­
manufacture
marinizers
and
dressers),
rebuilders,
owners
and
operators
of:
(
1)
Marine
engines
that
are
compression­
ignition
engines
manufactured
(
or
that
otherwise
become
new)
on
or
after
January
1,
2004;
(
2)
Marine
vessels
manufactured
(
or
that
otherwise
become
new)
on
or
after
January
1,
2004
and
which
include
a
compression­
ignition
marine
engine.
(
b)
Notwithstanding
the
provision
of
paragraph
(
c)
of
this
section,
the
requirements
and
prohibitions
of
this
part
do
not
apply
to
three
types
of
marine
engines:
(
1)
Category
3
marine
engines;
(
2)
Marine
engines
with
rated
power
below
37
kW;
or
(
3)
Marine
engines
on
foreign
vessels.
(
c)
The
provisions
of
Subpart
L
of
this
part
apply
to
everyone
with
respect
to
the
engines
identified
in
paragraph
(
a)
of
this
section.
20.
Section
94.2
is
amended
by
revising
paragraph
(
b)
introductory
text,
removing
the
definition
for
``
Commercial
marine
engine'',
revising
definitions
for
``
Compression­
ignition'',
``
Designated
officer'',
``
Passenger'',
``
Recreational
marine
engine'',
``
Recreational
vessel'',
and
``
United
States'',
and
adding
new
definitions
for
``
Commercial'',
``
Small­
volume
boat
builder'',
``
Small­
volume
manufacturer'',
and
``
Spark­
ignition''
in
alphabetical
order
to
read
as
follows:
§
94.2
Definitions.

*
*
*
*
*
(
b)
As
used
in
this
part,
all
terms
not
defined
in
this
section
shall
have
the
meaning
given
them
in
the
Act:
*
*
*
*
*
Commercial
means
relating
to
an
engine
or
vessel
that
is
not
a
recreational
marine
engine
or
a
recreational
vessel.
*
*
*
*
*
Compression­
ignition
means
relating
to
an
engine
that
is
not
a
spark­
ignition
engine.
*
*
*
*
*
Designated
Officer
means
the
Manager,
Engine
Programs
Group
(
6403
 
J),
U.
S.
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
Washington,
DC
20460.
*
*
*
*
*
Passenger
has
the
meaning
given
by
46
U.
S.
C.
2101
(
21)
and
(
21a).
In
the
context
of
commercial
vessels,
this
generally
means
that
a
passenger
is
a
person
that
pays
to
be
on
the
vessel.
*
*
*
*
*
Recreational
marine
engine
means
a
Category
1
propulsion
marine
engine
that
is
intended
by
the
manufacturer
to
be
installed
on
a
recreational
vessel,
and
which
is
permanently
labeled
as
follows:
``
THIS
ENGINE
IS
CATEGORIZED
AS
A
RECREATIONAL
MARINE
ENGINE
UNDER
40
CFR
PART
94.
INSTALLATION
OF
THIS
ENGINE
IN
ANY
NONRECREATIONAL
VESSEL
IS
A
VIOLATION
OF
FEDERAL
LAW
SUBJECT
TO
CIVIL
PENALTY.''.
Recreational
vessel
has
the
meaning
given
in
46
U.
S.
C.
2101
(
25),
but
excludes
``
passenger
vessels''
and
``
small
passenger
vessels''
as
defined
by
46
U.
S.
C.
2101
(
22)
and
(
35)
and
excludes
vessels
used
solely
for
competition.
In
general,
for
this
part,
``
recreational
vessel''
means
a
vessel
that
is
intended
by
the
vessel
manufacturer
to
be
operated
primarily
for
pleasure
or
leased,
rented
or
chartered
to
another
for
the
latter's
pleasure,
excluding
the
following
vessels:
(
1)
Vessels
of
less
than
100
gross
tons
that
carry
more
than
6
passengers
(
as
defined
in
this
section).
(
2)
Vessels
of
100
gross
tons
or
more
that
carry
one
or
more
passengers
(
as
defined
in
this
section).
(
3)
Vessels
used
solely
for
competition.
*
*
*
*
*
Small­
volume
boat
builder
means
a
boat
manufacturer
with
fewer
than
500
employees
and
with
annual
U.
S.­
directed
production
of
fewer
than
100
boats.
For
manufacturers
owned
by
a
parent
company,
these
limits
apply
to
the
combined
production
and
number
of
employees
of
the
parent
company
and
all
its
subsidiaries.
Small­
volume
manufacturer
means
a
manufacturer
with
annual
U.
S.­
directed
production
of
fewer
than
1,000
internal
combustion
engines
(
marine
and
nonmarine).
For
manufacturers
owned
by
a
parent
company,
the
limit
applies
to
the
production
of
the
parent
company
and
all
its
subsidiaries.
Spark­
ignition
means
relating
to
a
gasoline­
fueled
engine
or
other
engines
with
a
spark
plug
(
or
other
sparking
device)
and
with
operating
characteristics
significantly
similar
to
the
theoretical
Otto
combustion
cycle.
Spark­
ignition
engines
usually
use
a
throttle
to
regulate
intake
air
flow
to
control
power
during
normal
operation.
*
*
*
*
*
United
States
means
the
States,
the
District
of
Columbia,
the
Commonwealth
of
Puerto
Rico,
the
Commonwealth
of
the
Northern
Mariana
Islands,
Guam,
American
Samoa,
the
U.
S.
Virgin
Islands,
and
the
Trust
Territory
of
the
Pacific
Islands.
*
*
*
*
*
21.
Section
94.7
is
amended
by
revising
paragraphs
(
c),
(
d),
and
(
e)
to
read
as
follows:

§
94.7
General
standards
and
requirements.

*
*
*
*
*
(
c)
You
may
not
design
your
engines
with
emission­
control
devices,
systems,
or
elements
of
design
that
cause
or
contribute
to
an
unreasonable
risk
to
public
health,
welfare,
or
safety
while
operating.
For
example,
this
would
apply
if
the
engine
emits
a
noxious
or
toxic
substance
it
would
otherwise
not
emit
that
contributes
to
such
an
unreasonable
risk.
(
d)
All
engines
subject
to
the
emission
standards
of
this
part
shall
be
equipped
with
a
connection
in
the
engine
exhaust
system
that
is
located
downstream
of
the
engine
and
before
any
point
at
which
the
exhaust
contacts
water
(
or
any
other
cooling/
scrubbing
medium)
for
the
temporary
attachment
of
gaseous
and/
or
particulate
emission
sampling
equipment.
This
connection
shall
be
internally
threaded
with
standard
pipe
threads
of
a
size
not
larger
than
one­
half
inch,
and
shall
be
closed
by
a
pipe­
plug
when
not
in
use.
Equivalent
connections
are
allowed.
Engine
manufacturers
may
comply
with
this
requirement
by
providing
vessel
manufacturers
with
clear
instructions
explaining
how
to
meet
this
requirement,
and
noting
in
the
instructions
that
failure
to
comply
may
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invalidate
a
certificate
and
subject
the
vessel
manufacturer
to
federal
penalties.
(
e)
Electronically
controlled
engines
subject
to
the
emission
standards
of
this
part
shall
broadcast
on
engine's
controller
area
networks
engine
torque
(
as
percent
of
maximum
torque
at
that
speed)
and
engine
speed.
22.
Section
94.8
is
amended
by
revising
paragraphs
(
a),
(
e),
(
f)
introductory
text,
and
(
f)(
1)
to
read
as
follows:
§
94.8
Exhaust
emission
standards.

(
a)
Exhaust
emissions
from
marine
compression­
ignition
engines
shall
not
exceed
the
applicable
exhaust
emission
standards
contained
in
Table
A
 
1
as
follows:

TABLE
A
 
1.
 
PRIMARY
TIER
2
EXHAUST
EMISSION
STANDARDS
(
G/
KW­
HR)

Engine
size
liters/
cylinder,
rated
power
Category
Model
yeara
THC+
NOX
g/
kW­
hr
CO
g/
kW­
hr
PM
g/
kWhr
Disp.
<
0.9
and
..........................................................................
power
 
37
kW
..........................................................................
Category
1,
Commercial
.........
2005
7.5
5.0
0.40
Category
1,
Recreational
........
2007
7.5
5.0
0.40
0.9
 
disp.
<
1.2
........................................................................
All
power
levels
.........................................................................
Category
1,
Commercial
.........
2004
7.2
5.0
0.30
Category
1,
Recreational
........
2006
7.2
5.0
0.30
1.2
 
disp.
<
2.5
........................................................................
All
power
levels
.........................................................................
Category
1,
Commercial
.........
2004
7.2
5.0
0.20
Category
1,
Recreational
........
2006
7.2
5.0
0.20
2.5
 
disp.
<
5.0
........................................................................
All
power
levels
.........................................................................
Category
1,
Commercial
.........
2007
7.2
5.0
0.20
Category
1,
Recreational
........
2009
7.2
5.0
0.20
5.0
 
disp.
<
15.0
......................................................................
All
power
levels
.........................................................................
Category
2
..............................
2007
7.8
5.0
0.27
15.0
 
disp.
<
20.0
....................................................................
Power
<
3300
kW
......................................................................
Category
2
..............................
2007
8.7
5.0
0.50
15.0
 
disp.
<
20.0
....................................................................
Power
<
3300
kW
......................................................................
Category
2
..............................
2007
9.8
5.0
0.50
20.0
 
disp.
<
25.0
....................................................................
All
power
levels
.........................................................................
Category
2
..............................
2009
9.8
5.0
0.50
25.0
 
disp.
<
30.0
....................................................................
All
power
levels
.........................................................................
Category
2
..............................
2007
11.0
5.0
0.50
a
The
dates
listed
indicate
the
model
years
for
which
the
specified
standards
start.

*
*
*
*
*
(
e)
Exhaust
emissions
from
propulsion
engines
subject
to
the
standards
(
or
FELs)
in
paragraph
(
a),
(
c),
or
(
f)
of
this
section
shall
not
exceed:
(
1)
Commercial
marine
engines.
(
i)
1.20
times
the
applicable
standards
(
or
FELs)
when
tested
in
accordance
with
the
supplemental
test
procedures
specified
in
§
94.106
at
loads
greater
than
or
equal
to
45
percent
of
the
maximum
power
at
rated
speed
or
1.50
times
the
applicable
standards
(
or
FELs)
at
loads
less
than
45
percent
of
the
maximum
power
at
rated
speed.
(
ii)
As
an
option,
the
manufacturer
may
choose
to
comply
with
limits
of
1.25
times
the
applicable
standards
(
or
FELs)
when
tested
over
the
whole
power
range
in
accordance
with
the
supplemental
test
procedures
specified
in
§
94.106,
instead
of
the
limits
in
paragraph
(
e)(
1)(
i)
of
this
section.
(
2)
Recreational
marine
engines.
(
i)
1.20
times
the
applicable
standards
(
or
FELs)
when
tested
in
accordance
with
the
supplemental
test
procedures
specified
in
§
94.106
at
loads
greater
than
or
equal
to
45
percent
of
the
maximum
power
at
rated
speed
and
speeds
less
than
95
percent
of
maximum
test
speed,
or
1.50
times
the
applicable
standards
(
or
FELs)
at
loads
less
than
45
percent
of
the
maximum
power
at
rated
speed,
or
1.50
times
the
applicable
standards
(
or
FELs)
at
any
loads
for
speeds
greater
than
or
equal
to
95
percent
of
the
maximum
test
speed.
(
ii)
As
an
option,
the
manufacturer
may
choose
to
comply
with
limits
of
1.25
times
the
applicable
standards
(
or
FELs)
when
tested
over
the
whole
power
range
in
accordance
with
the
supplemental
test
procedures
specified
in
§
94.106,
instead
of
the
limits
in
paragraph
(
e)(
2)(
i)
of
this
section.
(
f)
The
following
defines
the
requirements
for
low­
emitting
Blue
Sky
Series
engines:
(
1)
Voluntary
standards.
Engines
may
be
designated
``
Blue
Sky
Series''
engines
through
the
2012
model
year
by
meeting
the
voluntary
standards
listed
in
Table
A
 
2,
which
apply
to
all
certification
and
in­
use
testing,
as
follows:

TABLE
A
 
2.
 
VOLUNTARY
EMISSION
STANDARDS
(
G/
KW­
HR)

Rated
brake
power
(
kW)
THC+
NOX
PM
Power
 
37
kW,
and
displ.<
0.9
................................................................................................................................
4.0
0.24
0.9 
displ.<
1.2
..........................................................................................................................................................
4.0
0.18
1.2 
displ.<
2.5
..........................................................................................................................................................
4.0
0.12
2.5 
displ.<
5
.............................................................................................................................................................
5.0
0.12
5 
displ.<
15
..............................................................................................................................................................
5.0
0.16
15
 
disp.<
20,
and
power
<
3300
kW
.....................................................................................................................
5.2
0.30
15
 
disp.<
20,
and
power
 
3300
kW
.....................................................................................................................
5.9
0.30
20
 
disp.<
25
...........................................................................................................................................................
5.9
0.30
25
 
disp.<
30
...........................................................................................................................................................
6.6
0.30
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/
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8,
2002
/
Rules
and
Regulations
*
*
*
*
*
23.
Section
94.9
is
amended
by
revising
paragraphs
(
a)
introductory
text
and
(
a)(
1)
to
read
as
follows:

§
94.9
Compliance
with
emission
standards.

(
a)
The
general
standards
and
requirements
in
§
94.7
and
the
emission
standards
in
§
94.8
apply
to
each
new
engine
throughout
its
useful
life
period.
The
useful
life
is
specified
both
in
years
and
in
hours
of
operation,
and
ends
when
either
of
the
values
(
hours
of
operation
or
years)
is
exceeded.
(
1)
The
minimum
useful
life
is:
(
i)
10
years
or
1,000
hours
of
operation
for
recreational
Category
1
engines;
(
i)
10
years
or
10,000
hours
of
operation
for
commercial
Category
1
engines;
(
iii)
10
years
or
20,000
hours
of
operation
for
Category
2
engines.
*
*
*
*
*
24.
Section
94.12
is
amended
by
revising
the
introductory
text
and
paragraphs
(
a),
(
b)(
1),
and
(
e)
and
adding
new
paragraphs
(
f)
and
(
g)
to
read
as
follows:

§
94.12
Interim
provisions.

This
section
contains
provisions
that
apply
for
a
limited
number
of
calendar
years
or
model
years.
These
provisions
apply
instead
of
the
other
provisions
of
this
part.
(
a)
Compliance
date
of
standards.
Certain
companies
may
delay
compliance
with
emission
standards.
Companies
wishing
to
take
advantage
of
this
provision
must
inform
the
Designated
Officer
of
their
intent
to
do
so
in
writing
before
the
date
that
compliance
with
the
standards
would
otherwise
be
mandatory.
(
1)
Post­
manufacture
marinizers
may
elect
to
delay
the
model
year
of
the
Tier
2
standards
for
commercial
engines
as
specified
in
§
94.8
by
one
year
for
each
engine
family.
(
2)
Small­
volume
manufacturers
may
elect
to
delay
the
model
year
of
the
Tier
2
standards
for
recreational
engines
as
specified
in
§
94.8
by
five
years
for
each
engine
family.
(
b)
Early
banking
of
emission
credits.
(
1)
A
manufacturer
may
optionally
certify
engines
manufactured
before
the
date
the
Tier
2
standards
take
effect
to
earn
emission
credits
under
the
averaging,
banking,
and
trading
program.
Such
optionally
certified
engines
are
subject
to
all
provisions
relating
to
mandatory
certification
and
enforcement
described
in
this
part.
Manufacturers
may
begin
earning
credits
for
recreational
engines
on
December
9,
2002.
*
*
*
*
*
(
e)
Compliance
date
of
NTE
requirements
(
1)
Notwithstanding
the
other
provisions
of
this
part,
the
requirements
of
§
94.8(
e)
for
commercial
marine
engines
start
with
2010
model
year
engines
for
postmanufacture
marinizers
and
2007
model
year
engines
for
all
other
engine
manufacturers.
(
2)
Notwithstanding
the
other
provisions
of
this
part,
the
requirements
of
§
94.8(
e)
for
recreational
marine
engines
start
with
2012
model
year
engines
for
post­
manufacture
marinizers
and
2009
model
year
engines
for
all
other
engine
manufacturers.
(
f)
Flexibility
for
small­
volume
boat
builders.
Notwithstanding
the
other
provisions
of
this
part,
manufacturers
may
sell
uncertified
recreational
engines
to
small­
volume
boat
builders
during
the
first
five
years
for
which
the
emission
standards
in
§
94.8
apply,
subject
to
the
following
provisions:
(
1)
The
U.
S.­
directed
production
volume
of
boats
from
any
small­
volume
boat
builder
using
uncertified
engines
during
the
total
five­
year
period
may
not
exceed
80
percent
of
the
manufacturer's
average
annual
production
for
the
three
years
prior
to
the
general
applicability
of
the
recreational
engine
standards
in
§
94.8,
except
as
allowed
in
paragraph
(
f)(
2)
of
this
section.
(
2)
Small­
volume
boat
builders
may
exceed
the
production
limits
in
paragraph
(
f)(
1)
of
this
section,
provided
they
do
not
exceed
20
boats
during
the
five­
year
period
or
10
boats
in
any
single
calendar
year.
This
does
not
apply
to
boats
powered
by
engines
with
displacement
greater
than
2.5
liters
per
cylinder.
(
3)
Small­
volume
boat
builders
must
keep
records
of
all
the
boats
and
engines
produced
under
this
paragraph
(
f),
including
boat
and
engine
model
numbers,
serial
numbers,
and
dates
of
manufacture.
Records
must
also
include
information
verifying
compliance
with
the
limits
in
paragraph
(
f)(
1)
or
(
f)(
2)
of
this
section.
Keep
these
records
until
at
least
two
full
years
after
you
no
longer
use
the
provisions
in
this
paragraph
(
f).
(
4)
Manufacturers
must
add
a
permanent,
legible
label,
written
in
block
letters
in
English,
to
a
readily
visible
part
of
each
engine
exempted
under
this
paragraph
(
f).
This
label
must
include
at
least
the
following
items:
(
i)
The
label
heading
``
EMISSION
CONTROL
INFORMATION''.
(
ii)
Your
corporate
name
and
trademark.
(
iii)
Engine
displacement
(
in
liters),
rated
power,
and
model
year
of
the
engine
or
whom
to
contact
for
further
information.
(
iv)
The
statement
``
THIS
ENGINE
IS
EXEMPT
UNDER
40
CFR
94.12(
f)
FROM
EMISSION
STANDARDS
AND
RELATED
REQUIREMENTS.''.
(
g)
Flexibility
for
engines
over
560kW.
Notwithstanding
the
other
provisions
of
this
part,
manufacturers
may
choose
to
delay
certification
of
marine
engines
with
less
than
2.5
liters
per
cylinder
and
rated
power
above
560
kW,
that
are
derived
from
a
land­
based
nonroad
engine
with
a
rated
power
greater
than
560
kW,
if
they
do
all
of
the
following:
(
1)
Certify
all
of
their
applicable
marine
engines
with
less
than
2.5
liters
per
cylinder
and
rated
power
above
560
kW
to
a
NOX
standard
of
6.4
g/
kW­
hr
for
model
years
2008
through
2012.
(
2)
Notify
EPA
in
writing
before
2004
of
their
intent
to
use
this
provision.
This
notification
must
include
a
signed
statement
certifying
that
the
manufacturer
will
comply
with
all
the
provisions
of
this
paragraph
(
g).
(
3)
Add
a
permanent,
legible
label,
written
in
block
letters
in
English,
to
a
readily
visible
part
of
each
engine
exempted
under
this
paragraph
(
f).
This
label
must
include
at
least
the
following
items:
(
i)
The
label
heading
``
EMISSION
CONTROL
INFORMATION''.
(
ii)
Your
corporate
name
and
trademark.
(
iii)
Engine
displacement
(
in
liters),
rated
power,
and
model
year
of
the
engine
or
whom
to
contact
for
further
information.
(
iv)
The
statement
``
THIS
ENGINE
IS
EXEMPT
UNDER
40
CFR
94.12(
g)
FROM
EMISSION
STANDARDS
AND
RELATED
REQUIREMENTS.''.

Subpart
B
 
[
Amended]

25.
Section
94.104
is
amended
by
redesignating
paragraph
(
c)
as
paragraph
(
d)
and
adding
a
new
paragraph
(
c)
to
read
as
follows:

§
94.104
Test
procedures
for
Category
2
marine
engines.

*
*
*
*
*
(
c)
Conduct
testing
at
ambient
temperatures
from
13
°
C
to
30
°
C.
*
*
*
*
*
26.
Section
94.105
is
amended
by
revising
paragraph
(
b)
text
preceding
Table
B
 
1,
revising
``#''
to
read
``
±
'
'
in
footnotes
1
and
2
in
the
tables
in
paragraphs
(
b),
(
c)(
1),
(
c)(
2),
and
(
d)(
1),
and
adding
a
new
paragraph
(
e)
to
read
as
follows:

§
94.105
Duty
cycles.

*
*
*
*
*
(
b)
General
cycle.
Propulsion
engines
that
are
used
with
(
or
intended
to
be
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used
with)
fixed­
pitch
propellers,
and
any
other
engines
for
which
the
other
duty
cycles
of
this
section
do
not
apply,
shall
be
tested
using
the
duty
cycle
described
in
the
following
Table
B
 
1:
*
*
*
*
*
(
e)
Recreational.
For
the
purpose
of
determining
compliance
with
the
emission
standards
of
§
94.8,
recreational
engines
shall
be
tested
using
the
duty
cycle
described
in
Table
B
 
5,
which
follows:

TABLE
B
 
5.
 
RECREATIONAL
MARINE
DUTY
CYCLE
Mode
No.
Engine
speed(
1)

(
percent
of
maximum
test
speed)
Percent
of
maximum
test
power(
2)
Minimum
time
in
mode
(
minutes)
Weighting
factors
1
.......................................................................................................................
100
100
5.0
0.08
2
.......................................................................................................................
91
75
5.0
0.13
3
.......................................................................................................................
80
50
5.0
0.17
4
.......................................................................................................................
63
25
5.0
0.32
5
.......................................................................................................................
idle
0
5.0
0.30
1
Engine
speed:
±
2
percent
of
point.
2
Power:
±
2
percent
of
engine
maximum
value.

27.
Section
94.106
is
amended
by
revising
paragraphs
(
b)
introductory
text,
(
b)(
1)
introductory
text,
(
b)(
2)
introductory
text,
(
b)(
3)
introductory
text,
and
(
b)(
4)
and
adding
a
new
paragraph
(
b)(
5)
to
read
as
follows:

§
94.106
Supplemental
test
procedures.

*
*
*
*
*
(
b)
The
specified
Not
to
Exceed
Zones
for
marine
engines
are
defined
as
follows.
These
Not
to
Exceed
Zones
apply,
unless
a
modified
zone
is
established
under
paragraph
(
c)
of
this
section.
(
1)
For
commercial
Category
1
engines
certified
using
the
duty
cycle
specified
in
§
94.105(
b),
the
Not
to
Exceed
zones
are
defined
as
follows:
*
*
*
*
*
(
2)
For
Category
2
engines
certified
using
the
duty
cycle
specified
in
§
94.105(
b),
the
Not
to
Exceed
zones
are
defined
as
follows:
*
*
*
*
*
(
3)
For
engines
certified
using
the
duty
cycle
specified
in
§
94.105(
c)(
2),
the
Not
to
Exceed
zones
are
defined
as
follows:
*
*
*
*
*
(
4)
For
engines
certified
using
the
duty
cycle
specified
in
§
94.105(
c)(
1),
the
Not
to
Exceed
zone
is
defined
as
any
load
greater
than
or
equal
to
25
percent
of
maximum
power
at
rated
speed,
and
any
speed
at
which
the
engine
operates
in
use.
(
5)
For
recreational
marine
engines
certified
using
the
duty
cycle
specified
in
§
94.105(
e),
the
Not
to
Exceed
zones
are
defined
as
follows:
(
i)
The
Not
to
Exceed
zone
is
the
region
between
the
curves
power
=
1.15
×
SPD2
and
power
=
0.85
×
SPD4,
excluding
all
operation
below
25%
of
maximum
power
at
rated
speed
and
excluding
all
operation
below
63%
of
maximum
test
speed.
(
ii)
This
zone
is
divided
into
three
subzones,
one
below
45%
of
maximum
power
at
maximum
test
speed;
one
above
95%
of
maximum
test
speed;
and
a
third
area
including
all
of
the
remaining
area
of
the
NTE
zone.
(
iii)
SPD
in
paragraph
(
b)(
5)(
i)
of
this
section
refers
to
percent
of
maximum
test
speed.
(
iv)
See
Figure
B
 
4
for
an
illustration
of
this
Not
to
Exceed
zone
as
follows:

BILLING
CODE
6560
 
50
 
P
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BILLING
CODE
6560
 
50
 
C
28.
Section
94.108
is
amended
in
paragraph
(
a)(
1)
by
revising
footnote
1
in
Table
B
 
5
to
read
as
follows:
§
94.108
Test
fuels.

(
a)
*
*
*
(
1)
*
*
*

TABLE
B
 
5.
 
FEDERAL
TEST
FUEL
SPECIFICATIONS
*
*
*
*
*
*
*

1
All
ASTM
procedures
in
this
table
have
been
incorporated
by
reference.
See
§
94.5.
*
*
*
*
*
*
*

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and
Regulations
*
*
*
*
*

Subpart
C
 
[
Amended]

29.
Section
94.203
is
amended
by
revising
paragraphs
(
d)(
14)
and
(
d)(
16)
to
read
as
follows:

§
94.203
Application
for
certification.

*
*
*
*
*
(
d)
*
*
*
(
14)
A
statement
that
all
the
engines
included
in
the
engine
family
comply
with
the
Not
To
Exceed
standards
specified
in
§
94.8(
e)
when
operated
under
all
conditions
which
may
reasonably
be
expected
to
be
encountered
in
normal
operation
and
use;
the
manufacturer
also
must
provide
a
detailed
description
of
all
testing,
engineering
analyses,
and
other
information
which
provides
the
basis
for
this
statement.
*
*
*
*
*
(
16)
A
statement
indicating
duty­
cycle
and
application
of
the
engine
(
e.
g.,
used
to
propel
planing
vessels,
use
to
propel
vessels
with
variable­
pitch
propellers,
constant­
speed
auxiliary,
recreational,
etc.).
*
*
*
*
*
30.
Section
94.204
is
amended
by
removing
``
and''
at
the
end
of
paragraph
(
b)(
9),
adding
``;
and''
at
the
end
of
paragraph
(
b)(
10),
adding
a
new
paragraph
(
b)(
11),
and
revising
paragraph
(
e)
to
read
as
follows:

§
94.204
Designation
of
engine
families.

*
*
*
*
*
(
b)
*
*
*
(
11)
Class
(
commercial
or
recreational).
*
*
*
*
*
(
e)
Upon
request
by
the
manufacturer,
the
Administrator
may
allow
engines
that
would
be
required
to
be
grouped
into
separate
engine
families
based
on
the
criteria
in
paragraph
(
b)
or
(
c)
of
this
section
to
be
grouped
into
a
single
engine
family
if
the
manufacturer
demonstrates
that
the
engines
will
have
similar
emission
characteristics;
however,
recreational
and
commercial
engines
may
not
be
grouped
in
the
same
engine
family.
This
request
must
be
accompanied
by
emission
information
supporting
the
appropriateness
of
such
combined
engine
families.
31.
Section
94.209
is
revised
to
read
as
follows:

§
94.209
Special
provisions
for
postmanufacture
marinizers
and
small­
volume
manufacturers.
(
a)
Broader
engine
families.
Instead
of
the
requirements
of
§
94.204,
an
engine
family
may
consist
of
any
engines
subject
to
the
same
emission
standards.
This
does
not
change
any
of
the
requirements
of
this
part
for
showing
that
an
engine
family
meets
emission
standards.
To
be
eligible
to
use
the
provisions
of
this
paragraph
(
a),
the
manufacturer
must
demonstrate
one
of
the
following:
(
1)
It
is
a
post­
manufacture
marinizer
and
that
the
base
engines
used
for
modification
have
a
valid
certificate
of
conformity
issued
under
40
CFR
part
89
or
40
CFR
part
92
or
the
heavy­
duty
engine
provisions
of
40
CFR
part
86.
(
2)
It
is
a
small­
volume
manufacturer.
(
b)
Hardship
relief.
Post­
manufacture
marinizers,
small­
volume
manufacturers,
and
small­
volume
boat
builders
may
take
any
of
the
otherwise
prohibited
actions
identified
in
§
94.1103(
a)(
1)
if
approved
in
advance
by
the
Administrator,
subject
to
the
following
requirements:
(
1)
Application
for
relief
must
be
submitted
to
the
Designated
Officer
in
writing
prior
to
the
earliest
date
in
which
the
applying
manufacturer
would
be
in
violation
of
§
94.1103.
The
manufacturer
must
submit
evidence
showing
that
the
requirements
for
approval
have
been
met.
(
2)
The
conditions
causing
the
impending
violation
must
not
be
substantially
the
fault
of
the
applying
manufacturer.
(
3)
The
conditions
causing
the
impending
violation
must
jeopardize
the
solvency
of
the
applying
manufacturer
if
relief
is
not
granted.
(
4)
The
applying
manufacturer
must
demonstrate
that
no
other
allowances
under
this
part
will
be
available
to
avoid
the
impending
violation.
(
5)
Any
relief
may
not
exceed
one
year
beyond
the
date
relief
is
granted.
(
6)
The
Administrator
may
impose
other
conditions
on
the
granting
of
relief
including
provisions
to
recover
the
lost
environmental
benefit.
(
7)
The
manufacturer
must
add
a
permanent,
legible
label,
written
in
block
letters
in
English,
to
a
readily
visible
part
of
each
engine
exempted
under
this
paragraph
(
b).
This
label
must
include
at
least
the
following
items:
(
i)
The
label
heading
``
EMISSION
CONTROL
INFORMATION''.
(
ii)
Your
corporate
name
and
trademark.
(
iii)
Engine
displacement
(
in
liters),
rated
power,
and
model
year
of
the
engine
or
whom
to
contact
for
further
information.
(
iv)
The
statement
``
THIS
ENGINE
IS
EXEMPT
UNDER
40
CFR
94.209(
b)
FROM
EMISSION
STANDARDS
AND
RELATED
REQUIREMENTS.''.
(
c)
Extension
of
deadlines.
Smallvolume
manufacturers
may
use
the
provisions
of
40
CFR
1068.250
to
ask
for
an
extension
of
a
deadline
to
meet
emission
standards.
We
may
require
that
you
use
available
base
engines
that
have
been
certified
to
emission
standards
for
land­
based
engines
until
you
are
able
to
produce
engines
certified
to
the
requirements
of
this
part.
32.
Section
94.212
is
amended
by
revising
paragraph
(
b)(
10)
to
read
as
follows:

§
94.212
Labeling.

*
*
*
*
*
(
b)
Engine
labels.
*
*
*
(
10)
The
application
for
which
the
engine
family
is
certified.
(
For
example:
constant­
speed
auxiliary,
variable­
speed
propulsion
engines
used
with
fixedpitch
propellers,
recreational,
etc.)
*
*
*
*
*
33.
Section
94.218
is
amended
by
adding
a
new
paragraph
(
d)(
2)(
iv)
to
read
as
follows:

§
94.218
Deterioration
factor
determination.

*
*
*
*
*
(
d)
*
*
*
(
2)
*
*
*
(
iv)
Assigned
deterioration
factors.
Small­
volume
manufacturers
may
use
deterioration
factors
established
by
EPA.

Subpart
D
 
[
Amended]

34.
Section
94.304
is
amended
by
revising
paragraph
(
k)
to
read
as
follows:

§
94.304
Compliance
requirements.

*
*
*
*
*
(
k)
The
following
provisions
limit
credit
exchanges
between
different
types
of
engines:
(
1)
Credits
generated
by
Category
1
engine
families
may
be
used
for
compliance
by
Category
1
or
Category
2
engine
families.
Credits
generated
from
Category
1
engine
families
for
use
by
Category
2
engine
families
must
be
discounted
by
25
percent.
(
2)
Credits
generated
by
Category
2
engine
families
may
be
used
for
compliance
only
by
Category
2
engine
families.
(
3)
Credits
may
not
be
exchanged
between
recreational
and
commercial
engines.
*
*
*
*
*

Subpart
F
 
[
Amended]

35.
Section
94.501
is
amended
by
revising
paragraph
(
a)
to
read
as
follows:

§
94.501
Applicability.

(
a)
The
requirements
of
this
subpart
are
applicable
to
manufacturers
of
engines
subject
to
the
provisions
of
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Subpart
A
of
this
part,
excluding
smallvolume
manufacturers.
*
*
*
*
*
36.
Section
94.503
is
amended
by
adding
a
new
paragraph
(
d)
to
read
as
follows:

§
94.503
General
requirements.

*
*
*
*
*
(
d)
If
you
certify
an
engine
family
with
carryover
emission
data,
as
described
in
§
94.206(
c),
and
these
equivalent
engine
families
consistently
pass
the
production­
line
testing
requirements
over
the
preceding
twoyear
period,
you
may
ask
for
a
reduced
testing
rate
for
further
production­
line
testing
for
that
family.
The
minimum
testing
rate
is
one
engine
per
engine
family.
If
we
reduce
your
testing
rate,
we
may
limit
our
approval
to
any
number
of
model
years.
In
determining
whether
to
approve
your
request,
we
may
consider
the
number
of
engines
that
have
failed
the
emission
tests.

Subpart
J
 
[
Amended]

37.
Section
94.907
is
amended
by
revising
paragraphs
(
d)
and
(
g)
to
read
as
follows:

§
94.907
Engine
dressing
exemption.

*
*
*
*
*
(
d)
New
marine
engines
that
meet
all
the
following
criteria
are
exempt
under
this
section:
(
1)
You
must
produce
it
by
marinizing
an
engine
covered
by
a
valid
certificate
of
conformity
from
one
of
the
following
programs:
(
i)
Heavy­
duty
highway
engines
(
40
CFR
part
86).
(
ii)
Land­
based
nonroad
diesel
engines
(
40
CFR
part
89).
(
iii)
Locomotive
engines
(
40
CFR
part
92).
(
2)
The
engine
must
have
the
label
required
under
40
CFR
part
86,
89,
or
92.
(
3)
You
must
not
make
any
changes
to
the
certified
engine
that
could
reasonably
be
expected
to
increase
its
emissions.
For
example,
if
you
make
any
of
the
following
changes
to
one
of
these
engines,
you
do
not
qualify
for
the
engine
dressing
exemption:
(
i)
Changing
any
fuel
system
parameters
from
the
certified
configuration.
(
ii)
Replacing
an
original
turbocharger,
except
that
small­
volume
manufacturers
of
recreational
engines
may
replace
an
original
turbocharger
with
one
that
matches
the
performance
of
the
original
turbocharger.
(
iii)
Modify
or
design
the
marine
engine
cooling
or
aftercooling
system
so
that
temperatures
or
heat
rejection
rates
are
outside
the
original
engine
manufacturer's
specified
ranges.
(
4)
You
must
make
sure
that
fewer
than
50
percent
of
the
engine
model's
total
sales,
from
all
companies,
are
used
in
marine
applications.
*
*
*
*
*
(
g)
If
your
engines
do
not
meet
the
criteria
listed
in
paragraphs
(
d)(
2)
through
(
d)(
4)
of
this
section,
they
will
be
subject
to
the
standards
and
prohibitions
of
this
part.
Marinization
without
a
valid
exemption
or
certificate
of
conformity
would
be
a
violation
of
§
94.1103(
a)(
1)
and/
or
the
tampering
prohibitions
of
the
applicable
landbased
regulations
(
40
CFR
part
86,
89,
or
92).
*
*
*
*
*

Subpart
L
 
[
Amended]

38.
Section
94.1103
is
amended
by
revising
paragraph
(
a)(
5)
to
read
as
follows:

§
94.1103
Prohibited
acts.

(
a)
*
*
*
(
5)
For
a
manufacturer
of
marine
vessels
to
distribute
in
commerce,
sell,
offer
for
sale,
or
deliver
for
introduction
into
commerce
a
new
vessel
containing
an
engine
not
covered
by
a
certificate
of
conformity
applicable
for
an
engine
model
year
the
same
as
or
later
than
the
calendar
year
in
which
the
manufacture
of
the
new
vessel
is
initiated.
This
prohibition
covers
improper
installation
in
a
manner
such
that
the
installed
engine
would
not
be
covered
by
the
engine
manufacturer's
certificate.
Improper
installation
would
include,
but
is
not
limited
to,
failure
to
follow
the
engine
manufacturer's
instructions
related
to
engine
cooling,
exhaust
aftertreatment,
emission
sampling
ports,
or
any
other
emission­
related
component,
parameter,
or
setting.
In
general,
you
may
use
up
your
normal
inventory
of
engines
not
certified
to
new
emission
standards
if
they
were
built
before
the
date
of
the
new
standards.
However,
we
consider
stockpiling
of
these
engines
to
be
a
violation
of
paragraph
(
a)(
1)(
i)(
A)
of
this
section.
(
Note:
For
the
purpose
of
this
paragraph
(
a)(
5),
the
manufacture
of
a
vessel
is
initiated
when
the
keel
is
laid,
or
the
vessel
is
at
a
similar
stage
of
construction.)
*
*
*
*
*
39.
A
new
subchapter
U
is
added
to
chapter
I,
consisting
of
parts
1048,
1051,
1065,
and
1068,
to
read
as
follows:
SUBCHAPTER
U
 
AIR
POLLUTION
CONTROLS
PART
1048
 
CONTROL
OF
EMISSIONS
FROM
NEW,
LARGE
NONROAD
SPARK­
IGNITION
ENGINES
Subpart
A
 
Determining
How
to
Follow
This
Part
Sec.
1048.1
Does
this
part
apply
to
me?
1048.5
Which
engines
are
excluded
or
exempted
from
this
part's
requirements?
1048.10
What
main
steps
must
I
take
to
comply
with
this
part?
1048.15
Do
any
other
regulation
parts
affect
me?
1048.20
What
requirements
from
this
part
apply
to
my
excluded
engines?

Subpart
B
 
Emission
Standards
and
Related
Requirements
1048.101
What
exhaust
emission
standards
must
my
engines
meet?
1048.105
What
evaporative
emissions
standards
and
requirements
apply?
1048.110
How
must
my
engines
diagnose
malfunctions?
1048.115
What
other
requirements
must
my
engines
meet?
1048.120
What
warranty
requirements
apply
to
me?
1048.125
What
maintenance
instructions
must
I
give
to
buyers?
1048.130
What
installation
instructions
must
I
give
to
equipment
manufacturers?
1048.135
How
must
I
label
and
identify
the
engines
I
produce?
1048.140
What
are
the
provisions
for
certifying
Blue
Sky
Series
engines?
1048.145
What
provisions
apply
only
for
a
limited
time?

Subpart
C
 
Certifying
Engine
Families
1048.201
What
are
the
general
requirements
for
submitting
a
certification
application?
1048.205
What
must
I
include
in
my
application?
1048.210
May
I
get
preliminary
approval
before
I
complete
my
application?
1048.215
What
happens
after
I
complete
my
application?
1048.220
How
do
I
amend
the
maintenance
instructions
in
my
application?
1048.225
How
do
I
amend
my
application
to
include
new
or
modified
engines?
1048.230
How
do
I
select
engine
families?
1048.235
What
emission
testing
must
I
perform
for
my
application
for
a
certificate
of
conformity?
1048.240
How
do
I
demonstrate
that
my
engine
family
complies
with
exhaust
emission
standards?
1048.245
How
do
I
demonstrate
that
my
engine
family
complies
with
evaporative
emission
standards?
1048.250
What
records
must
I
keep
and
make
available
to
EPA?
1048.255
When
may
EPA
deny,
revoke,
or
void
my
certificate
of
conformity?

Subpart
D
 
Testing
Production­
line
Engines
1048.301
When
must
I
test
my
productionline
engines?

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and
Regulations
1048.305
How
must
I
prepare
and
test
my
production­
line
engines?
1048.310
How
must
I
select
engines
for
production­
line
testing?
1048.315
How
do
I
know
when
my
engine
family
fails
the
production­
line
testing
requirements?
1048.320
What
happens
if
one
of
my
production­
line
engines
fails
to
meet
emission
standards?
1048.325
What
happens
if
an
engine
family
fails
the
production­
line
requirements?
1048.330
May
I
sell
engines
from
an
engine
family
with
a
suspended
certificate
of
conformity?
1048.335
How
do
I
ask
EPA
to
reinstate
my
suspended
certificate?
1048.340
When
may
EPA
revoke
my
certificate
under
this
subpart
and
how
may
I
sell
these
engines
again?
1048.345
What
production­
line
testing
records
must
I
send
to
EPA?
1048.350
What
records
must
I
keep?

Subpart
E
 
Testing
In­
use
Engines
1048.401
What
testing
requirements
apply
to
my
engines
that
have
gone
into
service?
1048.405
How
does
this
program
work?
1048.410
How
must
I
select,
prepare,
and
test
my
in­
use
engines?
1048.415
What
happens
if
in­
use
engines
do
not
meet
requirements?
1048.420
What
in­
use
testing
information
must
I
report
to
EPA?
1048.425
What
records
must
I
keep?

Subpart
F
 
Test
Procedures
1048.501
What
procedures
must
I
use
to
test
my
engines?
1048.505
What
steady­
state
duty
cycles
apply
for
laboratory
testing?
1048.510
What
transient
duty
cycles
apply
for
laboratory
testing?
1048.515
Field­
testing
procedures.

Subpart
G
 
Compliance
Provisions
1048.601
What
compliance
provisions
apply
to
these
engines?
1048.605
What
are
the
provisions
for
exempting
engines
from
the
requirements
of
this
part
if
they
are
already
certified
under
the
motor­
vehicle
program?
1048.610
What
are
the
provisions
for
producing
nonroad
equipment
with
engines
already
certified
under
the
motor­
vehicle
program?
1048.615
What
are
the
provisions
for
exempting
engines
designed
for
lawn
and
garden
applications?
1048.620
What
are
the
provisions
for
exempting
large
engines
fueled
by
natural
gas?
1048.625
What
special
provisions
apply
to
engines
using
noncommercial
fuels?

Subpart
H
 
[
Reserved]

Subpart
I
 
Definitions
and
Other
Reference
Information
1048.801
What
definitions
apply
to
this
part?
1048.805
What
symbols,
acronyms,
and
abbreviations
does
this
part
use?
1048.810
What
materials
does
this
part
reference?
1048.815
How
should
I
request
EPA
to
keep
my
information
confidential?
1048.820
How
do
I
request
a
hearing?
Appendix
I
to
Part
1048
 
Large
Sparkignition
(
SI)
Transient
Cycle
for
Constant­
Speed
Engines
Appendix
II
to
Part
1048
 
Large
Sparkignition
(
SI)
Composite
Transient
Cycle
Authority:
42
U.
S.
C.
7401
 
7671(
q).

Subpart
A
 
Determining
How
to
Follow
This
Part
§
1048.1
Does
this
part
apply
to
me?

(
a)
This
part
applies
to
you
if
you
manufacture
or
import
new,
sparkignition
nonroad
engines
(
defined
in
§
1048.801)
with
maximum
brake
power
above
19
kW,
unless
we
exclude
them
under
§
1048.5.
See
§
1048.20
for
the
requirements
that
apply
to
excluded
engines.
(
b)
If
you
manufacture
or
import
engines
with
maximum
brake
power
at
or
below
19
kW
that
would
otherwise
be
covered
by
40
CFR
part
90,
you
may
choose
to
meet
the
requirements
of
this
part
instead.
In
this
case,
all
the
provisions
of
this
part
apply
for
those
engines.
(
c)
As
noted
in
subpart
G
of
this
part,
40
CFR
part
1068
applies
to
everyone,
including
anyone
who
manufactures,
installs,
owns,
operates,
or
rebuilds
any
of
the
engines
this
part
covers
or
equipment
containing
these
engines.
(
d)
You
need
not
follow
this
part
for
engines
you
produce
before
January
1,
2004,
unless
you
certify
voluntarily.
See
§
§
1048.101
through
1048.115
and
§
1048.145
and
the
definition
of
model
year
in
§
1048.801
for
more
information
about
the
timing
of
new
requirements.
(
e)
See
§
§
1048.801
and
1048.805
for
definitions
and
acronyms
that
apply
to
this
part.
The
definition
section
contains
significant
regulatory
provisions
and
it
is
very
important
that
you
read
them.

§
1048.5
Which
engines
are
excluded
or
exempted
from
this
part's
requirements?

(
a)
This
part
does
not
apply
to
the
following
nonroad
engines:
(
1)
Engines
certified
to
meet
the
requirements
of
40
CFR
part
1051
(
for
example,
engines
used
in
snowmobiles
and
all­
terrain
vehicles).
(
2)
Propulsion
marine
engines.
See
40
CFR
part
91.
This
part
applies
with
respect
to
auxiliary
marine
engines.
(
b)
See
subpart
G
of
this
part
and
40
CFR
part
1068,
subpart
C,
for
exemptions
of
specific
engines.
(
c)
Send
the
Designated
Officer
a
written
request
if
you
want
us
to
determine
whether
this
part
covers
or
excludes
certain
engines.
Excluding
engines
from
this
part's
requirements
does
not
affect
other
requirements
that
may
apply
to
them.

Note:
See
40
CFR
part
87
for
engines
used
in
aircraft.)

(
d)
As
defined
in
§
1048.801,
stationary
engines
are
not
required
to
comply
with
this
part
(
because
they
are
not
nonroad
engines),
except
that
you
must
meet
the
requirements
in
§
1048.20.
In
addition,
the
prohibitions
in
40
CFR
1068.101
restrict
the
use
of
stationary
engines
for
non­
stationary
purposes.

§
1048.10
What
main
steps
must
I
take
to
comply
with
this
part?

(
a)
You
must
have
a
certificate
of
conformity
from
us
for
each
engine
family
before
you
do
any
of
the
following
with
a
new
nonroad
engine
covered
by
this
part:
sell,
offer
for
sale,
introduce
into
commerce,
distribute
or
deliver
for
introduction
into
commerce,
or
import
it
into
the
United
States.
``
New''
engines
may
include
some
already
placed
in
service
(
see
the
definition
of
``
new
nonroad
engine''
and
``
new
nonroad
equipment''
in
§
1048.801).
You
must
get
a
new
certificate
of
conformity
for
each
new
model
year.
(
b)
To
get
a
certificate
of
conformity
and
comply
with
its
terms,
you
must
do
six
things:
(
1)
Meet
the
emission
standards
and
other
requirements
in
subpart
B
of
this
part.
(
2)
Perform
preproduction
emission
tests.
(
3)
Apply
for
certification
(
see
subpart
C
of
this
part).
(
4)
Do
routine
emission
testing
on
production
engines
as
required
by
subpart
D
of
this
part.
(
5)
Do
emission
testing
on
in­
use
engines,
as
we
direct
under
subpart
E
of
this
part.
(
6)
Follow
our
instructions
throughout
this
part.
(
c)
Subpart
F
of
this
part
describes
how
to
test
your
engines
(
including
references
to
other
parts).
(
d)
Subpart
G
of
this
part
and
40
CFR
part
1068
describe
requirements
and
prohibitions
that
apply
to
engine
manufacturers,
equipment
manufacturers,
owners,
operators,
rebuilders,
and
all
others.

§
1048.15
Do
any
other
regulation
parts
affect
me?

(
a)
Part
1065
of
this
chapter
describes
procedures
and
equipment
specifications
for
testing
engines.
Subpart
F
of
this
part
describes
how
to
apply
the
provisions
of
part
1065
of
this
chapter
to
show
you
meet
the
emission
standards
in
this
part.

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(
b)
Part
1068
of
this
chapter
describes
general
provisions,
including
these
seven
areas:
(
1)
Prohibited
acts
and
penalties
for
engine
manufacturers,
equipment
manufacturers,
and
others.
(
2)
Rebuilding
and
other
aftermarket
changes.
(
3)
Exclusions
and
exemption
for
certain
engines.
(
4)
Importing
engines.
(
5)
Selective
enforcement
audits
of
your
production.
(
6)
Defect
reporting
and
recall.
(
7)
Procedures
for
hearings.
(
c)
Other
parts
of
this
chapter
affect
you
if
referenced
in
this
part.

§
1048.20
What
requirements
from
this
part
apply
to
my
excluded
engines?

(
a)
Engine
manufacturers
producing
an
engine
excluded
under
§
1048.5(
d)
must
add
a
permanent
label
or
tag
identifying
each
engine.
This
applies
equally
to
importers.
To
meet
labeling
requirements,
you
must
do
the
following
things:
(
1)
Attach
the
label
or
tag
in
one
piece
so
no
one
can
remove
it
without
destroying
or
defacing
it.
(
2)
Make
sure
it
is
durable
and
readable
for
the
engine's
entire
life.
(
3)
Secure
it
to
a
part
of
the
engine
needed
for
normal
operation
and
not
normally
requiring
replacement.
(
4)
Write
it
in
block
letters
in
English.
(
5)
Instruct
equipment
manufacturers
that
they
must
place
a
duplicate
label
as
described
in
40
CFR
1068.105
if
they
obscure
the
engine's
label.
(
b)
Engine
labels
or
tags
required
under
this
section
must
have
the
following
information:
(
1)
Include
the
heading
``
Emission
Control
Information''.
(
2)
Include
your
full
corporate
name
and
trademark.
(
3)
State
the
engine
displacement
(
in
liters)
and
maximum
brake
power.
(
4)
State:
``
THIS
ENGINE
IS
EXCLUDED
FROM
THE
REQUIREMENTS
OF
40
CFR
PART
1048
AS
A
``
STATIONARY
ENGINE.''
INSTALLING
OR
USING
THIS
ENGINE
IN
ANY
OTHER
APPLICATION
MAY
BE
A
VIOLATION
OF
FEDERAL
LAW
SUBJECT
TO
CIVIL
PENALTY.''.

Subpart
B
 
Emission
Standards
and
Related
Requirements
§
1048.101
What
exhaust
emission
standards
must
my
engines
meet?

Apply
the
exhaust
emission
standards
in
this
section
by
model
year.
You
may
choose
to
certify
engines
earlier
than
we
require.
The
Tier
1
standards
apply
only
to
steady­
state
testing,
as
described
in
paragraph
(
b)
of
this
section.
The
Tier
2
standards
apply
to
steady­
state,
transient,
and
field
testing,
as
described
in
paragraphs
(
a),
(
b),
and
(
c)
of
this
section.
(
a)
Standards
for
transient
testing.
Starting
in
the
2007
model
year,
Tier
2
exhaust
emission
standards
apply
for
transient
measurement
of
emissions
with
the
duty­
cycle
test
procedures
in
subpart
F
of
this
part:
(
1)
The
Tier
2
HC+
NOX
standard
is
2.7
g/
kW­
hr
and
the
Tier
2
CO
standard
is
4.4
g/
kW­
hr.
For
severe­
duty
engines,
the
Tier
2
HC+
NOX
standard
is
2.7
g/
kW­
hr
and
the
Tier
2
CO
standard
is
130.0
g/
kW­
hr.
The
standards
in
this
paragraph
(
a)
do
not
apply
for
transient
testing
of
high­
load
engines.
(
2)
You
may
optionally
certify
your
engines
according
to
the
following
formula
instead
of
the
standards
in
paragraph
(
a)(
1)
of
this
section:
(
HC+
NOX)
×
CO0.784
 
8.57.
The
HC+
NOX
and
CO
emission
levels
you
select
to
satisfy
this
formula,
rounded
to
the
nearest
0.1
g/
kW­
hr,
become
the
emission
standards
that
apply
for
those
engines.
You
may
not
select
an
HC+
NOX
emission
standard
higher
than
2.7
g/
kWhr
or
a
CO
emission
standard
higher
than
20.6
g/
kW­
hr.
The
following
table
illustrates
a
range
of
possible
values
under
this
paragraph
(
a)(
2):

TABLE
1
OF
§
1048.101.
 
EXAMPLES
OF
POSSIBLE
TIER
2
DUTY­
CYCLE
EMISSION
STANDARDS
HC+
NOX
(
g/
kW­
hr)
CO
(
g/
kW­
hr)

2.7
.............................................
4.4
2.2
.............................................
5.6
1.7
.............................................
7.9
1.3
.............................................
11.1
1.0
.............................................
15.5
0.8
.............................................
20.6
(
b)
Standards
for
steady­
state
testing.
Except
as
we
allow
in
paragraph
(
d)
of
this
section,
the
following
exhaust
emission
standards
apply
for
steadystate
measurement
of
emissions
with
the
duty­
cycle
test
procedures
in
subpart
F
of
this
part:
(
1)
The
following
table
shows
the
Tier
1
exhaust
emission
standards
that
apply
to
engines
from
2004
through
2006
model
years:

TABLE
2
OF
§
1048.101.
 
TIER
1
EMISSION
STANDARDS
(
G/
KW­
HR)

Testing
General
emission
standards
Alternate
emission
standards
for
severe­
duty
engines
HC+
NOX
CO
HC+
NOX
CO
Certification
and
production­
line
testing
..........................................................................
4.0
50.0
4.0
130.0
In­
use
testing
...................................................................................................................
5.4
50.0
5.4
130.0
(
2)
Starting
in
the
2007
model
year,
engines
must
meet
the
Tier
2
exhaust
emission
standards
in
paragraph
(
a)
of
this
section
for
both
steady­
state
and
transient
testing.
See
paragraph
(
d)
of
this
section
for
alternate
standards
that
apply
for
certain
engines.
(
c)
Standards
for
field
testing.
Starting
in
2007,
the
following
Tier
2
exhaust
emission
standards
apply
for
emission
measurements
with
the
field­
testing
procedures
in
subpart
F
of
this
part:
(
1)
The
HC+
NOX
standard
is
3.8
g/
kW­
hr
and
the
CO
standard
is
6.5
g/
kWhr
For
severe­
duty
engines,
the
HC+
NOX
standard
is
3.8
g/
kW­
hr
and
the
CO
standard
is
200.0
g/
kW­
hr.
For
natural
gas­
fueled
engines,
you
are
not
required
to
measure
nonmethane
hydrocarbon
emissions
or
total
hydrocarbon
emissions
for
testing
to
show
that
the
engine
meets
the
emission
standards
of
this
paragraph
(
c);
that
is,
you
may
assume
HC
emissions
are
equal
to
zero.
(
2)
You
may
apply
the
following
formula
to
determine
alternate
emission
standards
that
apply
to
your
engines
instead
of
the
standards
in
paragraph
(
c)(
1)
of
this
section:
(
HC+
NOX)
×
CO0.791
 
16.78.
HC+
NOX
emission
levels
may
not
exceed
3.8
g/
kW­
hr
and
CO
emission
levels
may
not
exceed
31.0
g/
kW­
hr.
The
following
table
illustrates
a
range
of
possible
values
under
this
paragraph
(
c)(
2):

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Regulations
TABLE
3
OF
§
1048.101.
 
EXAMPLES
OF
POSSIBLE
TIER
2
FIELD­
TESTING
EMISSION
STANDARDS
HC+
NOX
(
g/
kW­
hr)
CO
(
g/
kW­
hr)

3.8
.............................................
6.5
3.1
.............................................
8.5
2.4
.............................................
11.7
1.8
.............................................
16.8
1.4
.............................................
23.1
1.1
.............................................
31.0
(
d)
Engine
protection.
For
engines
that
require
enrichment
at
high
loads
to
protect
the
engine,
you
may
ask
to
meet
alternate
Tier
2
standards
of
2.7
g/
kWhr
for
HC+
NOX
and
31.0
g/
kW­
hr
for
CO
instead
of
the
emission
standards
described
in
paragraph
(
b)(
2)
of
this
section
for
steady­
state
testing.
If
we
approve
your
request,
you
must
still
meet
the
transient
testing
standards
in
paragraph
(
a)
of
this
section
and
the
field­
testing
standards
in
paragraph
(
c)
of
this
section.
To
qualify
for
this
allowance,
you
must
do
all
the
following
things:
(
1)
Show
that
enrichment
is
necessary
to
protect
the
engine
from
damage.
(
2)
Show
that
you
limit
enrichment
to
operating
modes
that
require
additional
cooling
to
protect
the
engine
from
damage.
(
3)
Show
in
your
application
for
certification
that
enrichment
will
rarely
occur
in
use
in
the
equipment
in
which
your
engines
are
installed.
For
example,
an
engine
that
is
expected
to
operate
5
percent
of
the
time
in
use
with
enrichment
would
clearly
not
qualify.
(
4)
Include
in
your
installation
instructions
any
steps
necessary
for
someone
installing
your
engines
to
prevent
enrichment
during
normal
operation
(
see
§
1048.130).
(
e)
Fuel
types.
Apply
the
exhaust
emission
standards
in
this
section
for
engines
using
each
type
of
fuel
specified
in
40
CFR
part
1065,
subpart
C,
for
which
they
are
designed
to
operate.
You
must
meet
the
numerical
emission
standards
for
hydrocarbons
in
this
section
based
on
the
following
types
of
hydrocarbon
emissions
for
engines
powered
by
the
following
fuels:
(
1)
Gasoline­
and
LPG­
fueled
engines:
THC
emissions.
(
2)
Natural
gas­
fueled
engines:
NMHC
emissions.
(
3)
Alcohol­
fueled
engines:
THCE
emissions.
(
f)
Small
engines.
Certain
engines
with
total
displacement
at
or
below
1000
cc
may
comply
with
the
requirements
of
40
CFR
part
90
instead
of
complying
with
the
requirements
of
this
part,
as
described
in
§
1048.615.
(
g)
Useful
life.
Your
engines
must
meet
the
exhaust
emission
standards
in
paragraphs
(
a)
through
(
c)
of
this
section
over
their
full
useful
life
(
§
1048.240
describes
how
to
use
deterioration
factors
to
show
this).
The
minimum
useful
life
is
5,000
hours
of
operation
or
seven
years,
whichever
comes
first.
(
1)
Specify
a
longer
useful
life
in
hours
for
an
engine
family
under
either
of
two
conditions:
(
i)
If
you
design,
advertise,
or
market
your
engine
to
operate
longer
than
the
minimum
useful
life
(
your
recommended
hours
until
rebuild
may
indicate
a
longer
design
life).
(
ii)
If
your
basic
mechanical
warranty
is
longer
than
the
minimum
useful
life.
(
2)
You
may
request
a
shorter
useful
life
for
an
engine
family
if
you
have
documentation
from
in­
use
engines
showing
that
these
engines
will
rarely
operate
longer
than
the
alternate
useful
life.
The
useful
life
value
may
not
be
shorter
than
any
of
the
following:
(
i)
1,000
hours
of
operation.
(
ii)
Your
recommended
overhaul
interval.
(
iii)
Your
mechanical
warranty
for
the
engine.
(
h)
Applicability
for
testing.
The
standards
in
this
subpart
apply
to
all
testing,
including
production­
line
and
in­
use
testing,
as
described
in
subparts
D
and
E
of
this
part.

§
1048.105
What
evaporative
emissions
standards
and
requirements
apply?

(
a)
Starting
in
the
2007
model
year,
engines
that
run
on
a
volatile
liquid
fuel
(
such
as
gasoline),
must
meet
the
following
evaporative
emissions
standards
and
requirements:
(
1)
Evaporative
hydrocarbon
emissions
may
not
exceed
0.2
grams
per
gallon
of
fuel
tank
capacity
when
measured
with
the
test
procedures
for
evaporative
emissions
in
subpart
F
of
this
part.
(
2)
For
nonmetallic
fuel
lines,
you
must
specify
and
use
products
that
meet
the
Category
1
specifications
in
SAE
J2260
(
incorporated
by
reference
in
§
1048.810).
(
3)
Liquid
fuel
in
the
fuel
tank
may
not
reach
boiling
during
continuous
engine
operation
in
the
final
installation
at
an
ambient
temperature
of
30
°
C.
Note
that
gasoline
with
a
Reid
vapor
pressure
of
62
kPa
(
9
psi)
begins
to
boil
at
about
53
°
C.
(
b)
Note
that
§
1048.245
allows
you
to
use
design­
based
certification
instead
of
generating
new
emission
data.
(
c)
If
other
companies
install
your
engines
in
their
equipment,
give
them
any
appropriate
instructions,
as
described
in
§
1048.130.
§
1048.110
How
must
my
engines
diagnose
malfunctions?
(
a)
Equip
your
engines
with
a
diagnostic
system.
Starting
in
the
2007
model
year,
equip
each
engine
with
a
diagnostic
system
that
will
detect
significant
malfunctions
in
its
emissioncontrol
system
using
one
of
the
following
protocols:
(
1)
If
your
emission­
control
strategy
depends
on
maintaining
air­
fuel
ratios
at
stoichiometry,
an
acceptable
diagnostic
design
would
identify
malfunction
whenever
the
air­
fuel
ratio
does
not
cross
stoichiometry
for
one
minute
of
intended
closed­
loop
operation.
You
may
use
other
diagnostic
strategies
if
we
approve
them
in
advance.
(
2)
If
the
protocol
described
in
paragraph
(
a)(
1)
of
this
section
does
not
apply
to
your
engine,
you
must
use
an
alternative
approach
that
we
approve
in
advance.
Your
alternative
approach
must
generally
detect
when
the
emission­
control
system
is
not
functioning
properly.
(
b)
Use
a
malfunction­
indicator
light
(
MIL).
The
MIL
must
be
readily
visible
to
the
operator;
it
may
be
any
color
except
red.
When
the
MIL
goes
on,
it
must
display
``
Check
Engine,''
``
Service
Engine
Soon,''
or
a
similar
message
that
we
approve.
You
may
use
sound
in
addition
to
the
light
signal.
The
MIL
must
go
on
under
each
of
these
circumstances:
(
1)
When
a
malfunction
occurs,
as
described
in
paragraph
(
a)
of
this
section.
(
2)
When
the
diagnostic
system
cannot
send
signals
to
meet
the
requirement
of
paragraph
(
b)(
1)
of
this
section.
(
3)
When
the
engine's
ignition
is
in
the
``
key­
on''
position
before
starting
or
cranking.
The
MIL
should
go
out
after
engine
starting
if
the
system
detects
no
malfunction.
(
c)
Control
when
the
MIL
can
go
out.
If
the
MIL
goes
on
to
show
a
malfunction,
it
must
remain
on
during
all
later
engine
operation
until
servicing
corrects
the
malfunction.
If
the
engine
is
not
serviced,
but
the
malfunction
does
not
recur
for
three
consecutive
engine
starts
during
which
the
malfunctioning
system
is
evaluated
and
found
to
be
working
properly,
the
MIL
may
stay
off
during
later
engine
operation.
(
d)
Store
trouble
codes
in
computer
memory.
Record
and
store
in
computer
memory
any
diagnostic
trouble
codes
showing
a
malfunction
that
should
illuminate
the
MIL.
The
stored
codes
must
identify
the
malfunctioning
system
or
component
as
uniquely
as
possible.
Make
these
codes
available
through
the
data
link
connector
as
described
in
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/
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8,
2002
/
Rules
and
Regulations
paragraph
(
g)
of
this
section.
You
may
store
codes
for
conditions
that
do
not
turn
on
the
MIL.
The
system
must
store
a
separate
code
to
show
when
the
diagnostic
system
is
disabled
(
from
malfunction
or
tampering).
(
e)
Make
data,
access
codes,
and
devices
accessible.
Make
all
required
data
accessible
to
us
without
any
access
codes
or
devices
that
only
you
can
supply.
Ensure
that
anyone
servicing
your
engine
can
read
and
understand
the
diagnostic
trouble
codes
stored
in
the
onboard
computer
with
generic
tools
and
information.
(
f)
Consider
exceptions
for
certain
conditions.
Your
diagnostic
systems
may
disregard
trouble
codes
for
the
first
three
minutes
after
engine
starting.
You
may
ask
us
to
approve
diagnosticsystem
designs
that
disregard
trouble
codes
under
other
conditions
that
would
produce
an
unreliable
reading,
damage
systems
or
components,
or
cause
other
safety
risks.
This
might
include
operation
at
altitudes
over
8,000
feet.
(
g)
Follow
standard
references
for
formats,
codes,
and
connections.
Follow
conventions
defined
in
the
following
documents
(
incorporated
by
reference
in
§
1048.810)
or
ask
us
to
approve
using
updated
versions
of
(
or
variations
from)
these
documents:
(
1)
ISO
9141
 
2
Road
vehicles­
Diagnostic
systems
 
Part
2:
CARB
requirements
for
interchange
of
digital
information,
February
1994.
(
2)
ISO
14230
 
4
Road
vehicles
 
Diagnostic
systems
 
Keyword
Protocol
2000
 
Part
4:
Requirements
for
emission­
related
systems,
June
2000.

§
1048.115
What
other
requirements
must
my
engines
meet?

Your
engines
must
meet
the
following
requirements:
(
a)
Closed
crankcase.
Your
engines
may
not
vent
crankcase
emissions
into
the
atmosphere
throughout
their
useful
life,
with
the
following
exception:
your
engines
may
vent
crankcase
emissions
if
you
measure
and
include
these
crankcase
emissions
with
all
measured
exhaust
emissions.
(
b)
Torque
broadcasting.
Electronically
controlled
engines
must
broadcast
their
speed
and
output
shaft
torque
(
in
newton­
meters)
on
their
controller
area
networks.
Engines
may
alternatively
broadcast
a
surrogate
value
for
torque
that
can
be
read
with
a
remote
device.
This
information
is
necessary
for
testing
engines
in
the
field
(
see
40
CFR
1065.515).
This
requirement
applies
beginning
in
the
2007
model
year.
Small­
volume
engine
manufacturers
may
omit
this
requirement.
(
c)
EPA
access
to
broadcast
information.
If
we
request
it,
you
must
provide
us
any
hardware
or
tools
we
would
need
to
readily
read,
interpret,
and
record
all
information
broadcast
by
an
engine's
on­
board
computers
and
electronic
control
modules.
If
you
broadcast
a
surrogate
parameter
for
torque
values,
you
must
provide
us
what
we
need
to
convert
these
into
torque
units.
We
will
not
ask
for
hardware
or
tools
if
they
are
readily
available
commercially.
(
d)
Emission
sampling
capability.
Produce
all
your
engines
to
allow
sampling
of
exhaust
emissions
in
the
field
without
damaging
the
engine
or
equipment.
Show
in
your
application
for
certification
how
this
can
be
done
in
a
way
that
prevents
diluting
the
exhaust
sample
with
ambient
air.
To
do
this,
you
might
simply
allow
for
extending
the
exhaust
pipe
by
20
cm;
you
might
also
install
exhaust
ports
downstream
of
any
aftertreatment
devices.
(
e)
Adjustable
parameters.
Engines
that
have
adjustable
parameters
must
meet
all
the
requirements
of
this
part
for
any
adjustment
in
the
physically
adjustable
range.
(
1)
We
do
not
consider
an
operating
parameter
adjustable
if
you
permanently
seal
it
or
if
ordinary
tools
cannot
readily
access
it.
(
2)
We
may
require
that
you
set
adjustable
parameters
to
any
specification
within
the
adjustable
range
during
certification
testing,
productionline
testing,
selective
enforcement
auditing,
or
any
in­
use
testing.
(
f)
Prohibited
controls.
You
may
not
design
your
engines
with
emissioncontrol
devices,
systems,
or
elements
of
design
that
cause
or
contribute
to
an
unreasonable
risk
to
public
health,
welfare,
or
safety
while
operating.
For
example,
this
would
apply
if
the
engine
emits
a
noxious
or
toxic
substance
it
would
otherwise
not
emit
that
contributes
to
such
an
unreasonable
risk.
(
g)
Defeat
devices.
You
may
not
equip
your
engines
with
a
defeat
device.
A
defeat
device
is
an
auxiliary
emissioncontrol
device
that
reduces
the
effectiveness
of
emission
controls
under
conditions
you
may
reasonably
expect
the
engine
to
encounter
during
normal
operation
and
use.
This
does
not
apply
to
auxiliary
emission­
control
devices
you
identify
in
your
certification
application
if
any
of
the
following
is
true:
(
1)
The
conditions
of
concern
were
substantially
included
in
your
prescribed
duty
cycles.
(
2)
You
show
your
design
is
necessary
to
prevent
catastrophic
engine
(
or
equipment)
damage
or
accidents.
(
3)
The
reduced
effectiveness
applies
only
to
starting
the
engine.

§
1048.120
What
warranty
requirements
apply
to
me?

(
a)
General
requirements.
You
must
warrant
to
the
ultimate
buyer
that
the
new
nonroad
engine
meets
two
conditions:
(
1)
It
is
designed,
built,
and
equipped
it
to
conform
at
the
time
of
sale
with
the
requirements
of
this
part.
(
2)
It
is
free
from
defects
in
materials
and
workmanship
that
may
keep
it
from
meeting
these
requirements.
(
b)
Warranty
period.
Your
emissionrelated
warranty
must
be
valid
for
at
least
50
percent
of
the
engine's
useful
life
in
hours
of
operation
or
at
least
three
years,
whichever
comes
first.
In
the
case
of
a
high­
cost
warranted
part,
the
warranty
must
be
valid
for
at
least
70
percent
of
the
engine's
useful
life
in
hours
of
operation
or
at
least
five
years,
whichever
comes
first.
You
may
offer
an
emission­
related
warranty
more
generous
than
we
require.
This
warranty
may
not
be
shorter
than
any
published
or
negotiated
warranty
you
offer
for
the
engine
or
any
of
its
components.
If
an
engine
has
no
hour
meter,
we
base
the
warranty
periods
in
this
paragraph
(
b)
only
on
the
engine's
age
(
in
years).
(
c)
Components
covered.
The
emission­
related
warranty
must
cover
components
whose
failure
would
increase
an
engine's
emissions,
including
electronic
controls,
fuel
injection
(
for
liquid
or
gaseous
fuels),
exhaust­
gas
recirculation,
aftertreatment,
or
any
other
system
you
develop
to
control
emissions.
We
generally
consider
replacing
or
repairing
other
components
to
be
the
owner's
responsibility.
(
d)
Scheduled
maintenance.
You
may
schedule
emission­
related
maintenance
for
a
component
named
in
paragraph
(
c)
of
this
section,
subject
to
the
restrictions
of
§
1048.125.
You
are
not
required
to
cover
this
scheduled
maintenance
under
your
warranty
if
the
component
meets
either
of
the
following
criteria:
(
1)
The
component
was
in
general
use
on
similar
engines,
and
was
subject
to
scheduled
maintenance,
before
January
1,
2000.
(
2)
Failure
of
the
component
would
clearly
degrade
the
engine's
performance
enough
that
the
operator
would
need
to
repair
or
replace
it.
(
e)
Limited
applicability.
You
may
deny
warranty
claims
under
this
section
if
the
operator
caused
the
problem,
as
described
in
40
CFR
1068.115.
(
f)
Aftermarket
parts.
As
noted
40
CFR
1068.101,
it
is
a
violation
of
the
Act
to
manufacture
an
engine
part
if
one
of
its
main
effects
is
to
reduce
the
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8,
2002
/
Rules
and
Regulations
effectiveness
of
the
engine's
emission
controls.
If
you
make
an
aftermarket
part,
you
may
 
but
do
not
have
to
 
certify
that
using
the
part
will
still
allow
engines
to
meet
emission
standards,
as
described
in
40
CFR
85.2114.

§
1048.125
What
maintenance
instructions
must
I
give
to
buyers?

Give
the
ultimate
buyer
of
each
new
nonroad
engine
written
instructions
for
properly
maintaining
and
using
the
engine,
including
the
emission­
control
system.
The
maintenance
instructions
also
apply
to
service
accumulation
on
your
test
engines,
as
described
in
40
CFR
part
1065,
subpart
E.
(
a)
Critical
emission­
related
maintenance.
Critical
emission­
related
maintenance
includes
any
adjustment,
cleaning,
repair,
or
replacement
of
airinduction
fuel­
system,
or
ignition
components,
aftertreatment
devices,
exhaust
gas
recirculation
systems,
crankcase
ventilation
valves,
sensors,
or
electronic
control
units.
This
may
also
include
any
other
component
whose
only
purpose
is
to
reduce
emissions
or
whose
failure
will
increase
emissions
without
significantly
degrading
engine
performance.
You
may
schedule
critical
emission­
related
maintenance
on
these
components
if
you
meet
the
following
conditions:
(
1)
You
may
ask
us
to
approve
critical
emission­
related
maintenance
only
if
it
meets
two
criteria:
(
i)
Operators
are
reasonably
likely
to
do
the
maintenance
you
call
for.
(
ii)
Engines
need
the
maintenance
to
meet
emission
standards.
(
2)
We
will
accept
scheduled
maintenance
as
reasonably
likely
to
occur
in
use
if
you
satisfy
any
of
four
conditions:
(
i)
You
present
data
showing
that,
if
a
lack
of
maintenance
increases
emissions,
it
also
unacceptably
degrades
the
engine's
performance.
(
ii)
You
present
survey
data
showing
that
80
percent
of
engines
in
the
field
get
the
maintenance
you
specify
at
the
recommended
intervals.
(
iii)
You
provide
the
maintenance
free
of
charge
and
clearly
say
so
in
maintenance
instructions
for
the
customer.
(
iv)
You
otherwise
show
us
that
the
maintenance
is
reasonably
likely
to
be
done
at
the
recommended
intervals.
(
3)
You
may
not
schedule
critical
emission­
related
maintenance
more
frequently
than
the
following
intervals,
except
as
specified
in
paragraph
(
a)(
4)
of
this
section:
(
i)
For
catalysts,
fuel
injectors,
electronic
control
units,
superchargers,
and
turbochargers:
the
useful
life
of
the
engine
family.
(
ii)
For
gaseous
fuel­
system
components
(
cleaning
without
disassembly
only)
and
oxygen
sensors:
2,500
hours.
(
4)
If
your
engine
family
has
an
alternate
useful
life
shorter
than
the
period
specified
in
paragraph
(
a)(
3)(
ii)
of
this
section,
you
may
not
schedule
maintenance
on
those
components
more
frequently
than
the
alternate
useful
life
(
see
§
1048.101(
g)).
(
b)
Recommended
additional
maintenance.
You
may
recommend
any
additional
amount
of
maintenance
on
the
components
listed
in
paragraph
(
a)
of
this
section,
as
long
as
you
make
clear
that
these
maintenance
steps
are
not
necessary
to
keep
the
emission­
related
warranty
valid.
If
operators
do
the
maintenance
specified
in
paragraph
(
a)
of
this
section,
but
not
the
recommended
additional
maintenance,
this
does
not
allow
you
to
disqualify
them
from
in­
use
testing
or
deny
a
warranty
claim.
(
c)
Special
maintenance.
You
may
specify
more
frequent
maintenance
to
address
problems
related
to
special
situations
such
as
substandard
fuel
or
atypical
engine
operation.
For
example,
you
may
specify
more
frequent
cleaning
of
fuel
system
components
for
engines
you
have
reason
to
believe
will
be
using
fuel
that
causes
substantially
more
engine
performance
problems
than
commercial
fuels
of
the
same
type
that
are
generally
available
across
the
United
States.
(
d)
Noncritical
emission­
related
maintenance.
For
engine
parts
not
listed
in
paragraph
(
a)
of
this
section,
you
may
schedule
any
amount
of
emissionrelated
inspection
or
maintenance.
But
you
must
state
clearly
that
these
steps
are
not
necessary
to
keep
the
emissionrelated
warranty
valid.
Also,
do
not
take
these
inspection
or
maintenance
steps
during
service
accumulation
on
your
test
engines.
(
e)
Maintenance
that
is
not
emissionrelated
For
maintenance
unrelated
to
emission
controls,
you
may
schedule
any
amount
of
inspection
or
maintenance.
You
may
also
take
these
inspection
or
maintenance
steps
during
service
accumulation
on
your
test
vehicles
or
engines.
This
might
include
adding
engine
oil
or
changing
air,
fuel,
or
oil
filters.
(
f)
Source
of
parts
and
repairs.
Print
clearly
on
the
first
page
of
your
written
maintenance
instructions
that
any
repair
shop
or
person
may
maintain,
replace,
or
repair
emission­
control
devices
and
systems.
Your
instructions
may
not
require
components
or
service
identified
by
brand,
trade,
or
corporate
name.
Also,
do
not
directly
or
indirectly
condition
your
warranty
on
a
requirement
that
the
vehicle
be
serviced
by
your
franchised
dealers
or
any
other
service
establishments
with
which
you
have
a
commercial
relationship.
You
may
disregard
the
requirements
in
this
paragraph
(
f)
if
you
do
one
of
two
things:
(
1)
Provide
a
component
or
service
without
charge
under
the
purchase
agreement.
(
2)
Get
us
to
waive
this
prohibition
in
the
public's
interest
by
convincing
us
the
engine
will
work
properly
only
with
the
identified
component
or
service.

§
1048.130
What
installation
instructions
must
I
give
to
equipment
manufacturers?
(
a)
If
you
sell
an
engine
for
someone
else
to
install
in
a
piece
of
nonroad
equipment,
give
the
buyer
of
the
engine
written
instructions
for
installing
it
consistent
with
the
requirements
of
this
part.
Include
all
information
necessary
to
ensure
that
engines
installed
this
way
will
meet
emission
standards.
(
b)
Make
sure
these
instructions
have
the
following
information:
(
1)
Include
the
heading:
``
Emissionrelated
installation
instructions''.
(
2)
State:
``
Failing
to
follow
these
instructions
when
installing
a
certified
engine
in
a
piece
of
nonroad
equipment
violates
federal
law
(
40
CFR
1068.105(
b)),
subject
to
fines
or
other
penalties
as
described
in
the
Clean
Air
Act.''.
(
3)
Describe
any
other
instructions
needed
to
install
an
exhaust
aftertreatment
device
and
to
locate
exhaust
sampling
ports
consistent
with
your
application
for
certification.
(
4)
Describe
the
steps
needed
to
control
evaporative
emissions,
as
described
in
§
§
1048.105
and
1048.245.
(
5)
Describe
any
necessary
steps
for
installing
the
diagnostic
system
described
in
§
1048.110.
(
6)
Describe
any
limits
on
the
range
of
applications
needed
to
ensure
that
the
engine
operates
consistently
with
your
application
for
certification.
For
example,
if
your
engines
are
certified
only
for
constant­
speed
operation,
tell
equipment
manufacturers
not
to
install
the
engines
in
variable­
speed
applications.
Also,
if
you
need
to
avoid
sustained
high­
load
operation
to
meet
the
field­
testing
emission
standards
we
specify
in
§
1048.101(
c)
or
to
comply
with
the
provisions
of
§
1048.101(
d),
describe
how
the
equipment
manufacturer
must
properly
size
the
engines
for
a
given
application.
(
7)
Describe
any
other
instructions
to
make
sure
the
installed
engine
will
operate
according
to
design
specifications
in
your
application
for
certification.
(
8)
State:
``
If
you
install
the
engine
in
a
way
that
makes
the
engine's
emission
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217
/
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8,
2002
/
Rules
and
Regulations
control
information
label
hard
to
read
during
normal
engine
maintenance,
you
must
place
a
duplicate
label
on
the
vehicle,
as
described
in
40
CFR
1068.105.''.
(
c)
You
do
not
need
installation
instructions
for
engines
you
install
in
your
own
equipment.

§
1048.135
How
must
I
label
and
identify
the
engines
I
produce?
(
a)
Assign
each
production
engine
a
unique
identification
number
and
permanently
and
legibly
affix,
engrave,
or
stamp
it
on
the
engine.
(
b)
At
the
time
of
manufacture,
add
a
permanent
emission
control
information
label
identifying
each
engine.
To
meet
labeling
requirements,
do
four
things:
(
1)
Attach
the
label
in
one
piece
so
it
is
not
removable
without
being
destroyed
or
defaced.
(
2)
Design
and
produce
it
to
be
durable
and
readable
for
the
engine's
entire
life.
(
3)
Secure
it
to
a
part
of
the
engine
needed
for
normal
operation
and
not
normally
requiring
replacement.
(
4)
Write
it
in
block
letters
in
English.
(
c)
On
your
engine's
emission
control
information
label,
do
13
things:
(
1)
Include
the
heading
``
EMISSION
CONTROL
INFORMATION''.
(
2)
Include
your
full
corporate
name
and
trademark.
(
3)
State:
``
THIS
ENGINE
IS
CERTIFIED
TO
OPERATE
ON
[
specify
operating
fuel
or
fuels].''.
(
4)
Identify
the
emission­
control
system;
your
identifiers
must
use
names
and
abbreviations
consistent
with
SAE
J1930
(
incorporated
by
reference
in
§
1048.810).
(
5)
List
all
requirements
for
fuel
and
lubricants.
(
6)
State
the
date
of
manufacture
(
DAY
(
optional),
MONTH,
and
YEAR);
if
you
stamp
this
information
on
the
engine
and
print
it
in
the
owner's
manual,
you
may
omit
it
from
the
emission
control
information
label.
(
7)
State:
``
THIS
ENGINE
MEETS
U.
S.
ENVIRONMENTAL
PROTECTION
AGENCY
REGULATIONS
FOR
(
MODEL
YEAR)
LARGE
NONROAD
SI
ENGINES.''.
(
8)
Include
EPA's
standardized
designation
for
the
engine
family
(
and
subfamily,
where
applicable).
(
9)
State
the
engine's
displacement
(
in
liters)
and
maximum
brake
power.
(
10)
State
the
engine's
useful
life
(
see
§
1048.101(
g)).
(
11)
List
specifications
and
adjustments
for
engine
tuneups;
show
the
proper
position
for
the
transmission
during
tuneup
and
state
which
accessories
should
be
operating.
(
12)
Describe
other
information
on
proper
maintenance
and
use.
(
13)
Identify
the
emission
standards
to
which
you
have
certified
the
engine.
(
d)
Some
of
your
engines
may
need
more
information
on
the
emission
control
information
label.
(
1)
If
you
have
an
engine
family
that
has
been
certified
only
for
constantspeed
engines,
add
to
the
engine
label
``
CONSTANT­
SPEED
ONLY''.
(
2)
If
you
have
an
engine
family
that
has
been
certified
only
for
variablespeed
engines,
add
to
the
engine
label
``
VARIABLE­
SPEED
ONLY''.
(
3)
If
you
have
an
engine
family
that
has
been
certified
only
for
high­
load
engines,
add
to
the
engine
label
``
THIS
ENGINE
IS
NOT
INTENDED
FOR
OPERATION
AT
LESS
THAN
75
PERCENT
OF
FULL
LOAD.''.
(
4)
If
you
certify
an
engine
to
the
voluntary
standards
in
§
1048.140,
add
to
the
engine
label
``
BLUE
SKY
SERIES''.
(
5)
If
you
produce
an
engine
we
exempt
from
the
requirements
of
this
part,
see
subpart
G
of
this
part
and
40
CFR
part
1068,
subparts
C
and
D,
for
more
label
information.
(
6)
If
you
certify
an
engine
family
under
§
1048.101(
d)
(
and
show
in
your
application
for
certification
that
in­
use
engines
will
experience
infrequent
highload
operation),
add
to
the
engine
label
``
THIS
ENGINE
IS
NOT
INTENDED
FOR
OPERATION
AT
MORE
THAN
l
PERCENT
OF
FULL
LOAD.''.
Specify
the
appropriate
percentage
of
full
load
based
on
the
nature
of
the
engine
protection.
You
may
add
other
statements
to
discourage
operation
in
engine­
protection
modes.
(
e)
Some
engines
may
not
have
enough
space
for
an
emission
control
information
label
with
all
the
required
information.
In
this
case,
you
may
omit
the
information
required
in
paragraphs
(
c)(
3),
(
c)(
4),
(
c)(
5),
and
(
c)(
12)
of
this
section
if
you
print
it
in
the
owner's
manual
instead.
(
f)
If
you
are
unable
to
meet
these
labeling
requirements,
you
may
ask
us
to
modify
them
consistent
with
the
intent
of
this
section.

§
1048.140
What
are
the
provisions
for
certifying
Blue
Sky
Series
engines?
This
section
defines
voluntary
standards
for
a
recognized
level
of
superior
emission
control
for
engines
designated
as
``
Blue
Sky
Series''
engines.
Blue
Sky
Series
engines
must
meet
one
of
the
following
standards:
(
a)
For
the
2003
model
year,
to
receive
a
certificate
of
conformity,
a
``
Blue
Sky
Series''
engine
family
must
meet
all
the
requirements
in
this
part
that
apply
to
2004
model
year
engines.
This
includes
all
testing
and
reporting
requirements.
(
b)
For
the
2003
through
2006
model
years,
to
receive
a
certificate
of
conformity,
a
``
Blue
Sky
Series''
engine
family
must
meet
all
the
requirements
in
this
part
that
apply
to
2007
model
year
engines.
This
includes
all
testing
and
reporting
requirements.
(
c)
For
any
model
year,
to
receive
a
certificate
of
conformity
as
a
``
Blue
Sky
Series''
engine
family
must
meet
all
the
requirements
in
this
part,
while
certifying
to
the
following
exhaust
emission
standards:
(
1)
0.8
g/
kW­
hr
HC+
NOX
and
4.4
g/
kW­
hr
CO
using
steady­
state
and
transient
test
procedures,
as
described
in
subpart
F
of
this
part.
(
2)
1.1
g/
kW­
hr
HC+
NOX
and
6.6
g/
kW­
hr
CO
using
field­
testing
procedures,
as
described
in
subpart
F
of
this
part.
(
d)
If
you
certify
an
engine
family
under
this
section,
it
is
subject
to
all
the
requirements
of
this
part
as
if
these
voluntary
standards
were
mandatory.

§
1048.145
What
provisions
apply
only
for
a
limited
time?

The
provisions
in
this
section
apply
instead
of
other
provisions
in
this
part.
This
section
describes
when
these
interim
provisions
expire.
(
a)
Family
banking.
You
may
certify
an
engine
family
to
comply
with
Tier
1
or
Tier
2
standards
earlier
than
necessary.
For
each
model
year
of
early
compliance
for
an
engine
family,
you
may
delay
compliance
with
the
same
standards
for
an
equal
number
of
engines
from
another
engine
family
(
or
families)
for
one
model
year.
If
you
certify
engines
under
the
voluntary
standards
of
§
1048.140,
you
may
not
use
them
in
your
calculation
under
this
paragraph
(
a).
Base
your
calculation
on
actual
power­
weighted
nationwide
sales
for
each
family.
You
may
delay
compliance
for
up
to
three
model
years.
For
example,
if
you
sell
1,000
engines
with
an
average
power
rating
of
60
kW
certified
a
year
early,
you
may
delay
certification
to
that
tier
of
standards
for
up
to
60,000
kW­
engine­
years
in
any
of
the
following
ways:
(
1)
Delay
certification
of
another
engine
family
with
an
average
power
rating
of
100
kW
of
up
to
600
engines
for
one
model
year.
(
2)
Delay
certification
of
another
engine
family
with
an
average
power
rating
of
100
kW
of
up
to
200
engines
for
three
model
years.
(
3)
Delay
certification
of
one
engine
family
with
an
average
power
rating
of
100
kW
of
up
to
400
engines
for
one
model
year
and
a
second
engine
family
with
an
average
power
rating
of
200
kW
of
up
to
50
engines
for
two
model
years.
(
b)
Hydrocarbon
standards.
For
2004
through
2006
model
years,
engine
manufacturers
may
use
nonmethane
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hydrocarbon
measurements
to
demonstrate
compliance
with
applicable
emission
standards.
(
c)
Transient
emission
testing.
Engines
rated
over
560
kW
are
exempt
from
the
transient
emission
standards
in
§
1048.101(
a).
(
d)
Tier
1
deterioration
factors.
For
Tier
1
engines,
base
the
deterioration
factor
from
§
1048.240
on
3500
hours
of
operation.
We
may
assign
a
deterioration
factor
for
a
Tier
1
engine
family,
but
this
would
not
affect
your
need
to
meet
all
emission
standards
that
apply.
(
e)
[
Reserved]
(
f)
Optional
early
field
testing.
You
may
optionally
use
the
field­
testing
procedures
in
subpart
F
of
this
part
for
any
in­
use
testing
required
under
subpart
E
of
this
part
to
show
that
you
meet
Tier
1
standards.
In
this
case,
the
same
Tier
1
in­
use
emission
standards
apply
to
both
steady­
state
testing
in
the
laboratory
and
field
testing.
(
g)
Small­
volume
provisions.
If
you
qualify
for
the
hardship
provisions
in
§
1068.250
of
this
chapter,
we
may
approve
extensions
of
up
to
four
years
total.
(
h)
2004
certification.
For
the
2004
model
year,
you
may
choose
to
have
the
emission
standards
and
other
requirements
that
apply
to
these
engines
in
California
serve
as
the
emission
standards
and
other
requirements
applicable
under
this
part,
instead
of
those
in
subpart
A
of
this
part.
To
ask
for
a
certificate
under
this
paragraph
(
h),
send
us
the
application
for
certification
that
you
prepare
for
the
California
Air
Resources
Board
instead
of
the
information
we
otherwise
require
in
§
1048.205.
(
i)
Recreational
vehicles.
Engines
or
vehicles
identified
in
the
scope
of
40
CFR
part
1051
that
are
not
yet
regulated
under
that
part
are
excluded
from
the
requirements
of
this
part.
For
example,
snowmobiles
produced
in
2004
are
not
subject
to
the
emission
standards
in
this
part.
Once
emission
standards
apply
to
these
engines
and
vehicles,
they
are
excluded
from
the
requirements
of
this
part
under
§
1048.5(
a)(
1).

Subpart
C
 
Certifying
Engine
Families
§
1048.201
What
are
the
general
requirements
for
submitting
a
certification
application?
(
a)
Send
us
an
application
for
a
certificate
of
conformity
for
each
engine
family.
Each
application
is
valid
for
only
one
model
year.
(
b)
The
application
must
not
include
false
or
incomplete
statements
or
information
(
see
§
1048.255).
(
c)
We
may
choose
to
ask
you
to
send
us
less
information
than
we
specify
in
this
subpart,
but
this
would
not
change
your
recordkeeping
requirements.
(
d)
Use
good
engineering
judgment
for
all
decisions
related
to
your
application
(
see
40
CFR
1068.5).
(
e)
An
authorized
representative
of
your
company
must
approve
and
sign
the
application.

§
1048.205
What
must
I
include
in
my
application?
In
your
application,
do
all
the
following
things
unless
we
ask
you
to
send
us
less
information:
(
a)
Describe
the
engine
family's
specifications
and
other
basic
parameters
of
the
engine's
design.
List
the
types
of
fuel
you
intend
to
use
to
certify
the
engine
family
(
for
example,
gasoline,
liquefied
petroleum
gas,
methanol,
or
natural
gas).
(
b)
Explain
how
the
emission­
control
systems
operate.
(
1)
Describe
in
detail
all
the
system
components
for
controlling
exhaust
emissions,
including
auxiliary
emissioncontrol
devices
and
all
fuel­
system
components
you
will
install
on
any
production
or
test
engine.
Explain
why
any
auxiliary
emission­
control
devices
are
not
defeat
devices
(
see
§
1048.115(
g)).
Do
not
include
detailed
calibrations
for
components
unless
we
ask
for
them.
(
2)
Describe
the
evaporative
emission
controls.
(
c)
Explain
how
the
engine
diagnostic
system
works,
describing
especially
the
engine
conditions
(
with
the
corresponding
diagnostic
trouble
codes)
that
cause
the
malfunction­
indicator
light
to
go
on.
Propose
what
you
consider
to
be
extreme
conditions
under
which
the
diagnostic
system
should
disregard
trouble
codes,
as
described
in
§
1048.110.
(
d)
Describe
the
engines
you
selected
for
testing
and
the
reasons
for
selecting
them.
(
e)
Describe
any
special
or
alternate
test
procedures
you
used
(
see
§
1048.501).
(
f)
Describe
how
you
operated
the
engine
or
vehicle
prior
to
testing,
including
the
duty
cycle
and
the
number
of
engine
operating
hours
used
to
stabilize
emission
levels.
Describe
any
scheduled
maintenance
you
did.
(
g)
List
the
specifications
of
the
test
fuel
to
show
that
it
falls
within
the
required
ranges
we
specify
in
40
CFR
part
1065,
subpart
C.
(
h)
Identify
the
engine
family's
useful
life.
(
i)
Propose
maintenance
and
use
instructions
for
the
ultimate
buyer
of
each
new
nonroad
engine
(
see
§
1048.125).
(
j)
Propose
emission­
related
installation
instructions
if
you
sell
engines
for
someone
else
to
install
in
a
piece
of
nonroad
equipment
(
see
§
1048.130).
(
k)
Identify
each
high­
cost
warranted
part
and
show
us
how
you
calculated
its
replacement
cost,
including
the
estimated
retail
cost
of
the
part,
labor
rates,
and
labor
hours
to
diagnose
and
replace
defective
parts.
(
l)
Propose
an
emission
control
information
label.
(
m)
Present
emission
data
to
show
that
you
meet
emission
standards.
(
1)
Present
exhaust
emission
data
for
HC,
NOX,
and
CO
on
a
test
engine
to
show
your
engines
meet
the
duty­
cycle
emission
standards
we
specify
in
§
1048.101(
a)
and
(
b).
Show
these
figures
before
and
after
applying
deterioration
factors
for
each
engine.
Starting
in
the
2007
model
year,
identify
the
duty­
cycle
emission
standards
to
which
you
are
certifying
engines
in
the
engine
family.
Include
test
data
for
each
type
of
fuel
from
40
CFR
part
1065,
subpart
C,
on
which
you
intend
for
engines
in
the
engine
family
to
operate
(
for
example,
gasoline,
liquefied
petroleum
gas,
methanol,
or
natural
gas).
If
we
specify
more
than
one
grade
of
any
fuel
type
(
for
example,
a
summer
grade
and
winter
grade
of
gasoline),
you
only
need
to
submit
test
data
for
one
grade,
unless
the
regulations
of
this
part
specify
otherwise
for
your
engine.
Note
that
§
1048.235
allows
you
to
submit
an
application
in
certain
cases
without
new
emission
data.
(
2)
If
your
engine
family
includes
a
volatile
liquid
fuel
(
and
you
do
not
use
design­
based
certification
under
§
1048.245)
present
evaporative
test
data
to
show
your
vehicles
meet
the
evaporative
emission
standards
we
specify
in
subpart
B
of
this
part.
Show
these
figures
before
and
after
applying
deterioration
factors,
where
applicable.
(
n)
Report
all
test
results,
including
those
from
invalid
tests
or
from
any
nonstandard
tests
(
such
as
measurements
based
on
exhaust
concentrations
in
parts
per
million).
(
o)
Identify
the
engine
family's
deterioration
factors
and
describe
how
you
developed
them.
Present
any
emission
test
data
you
used
for
this.
(
p)
Describe
all
adjustable
operating
parameters
(
see
§
1048.115(
e)),
including
the
following:
(
1)
The
nominal
or
recommended
setting.
(
2)
The
intended
physically
adjustable
range,
including
production
tolerances
if
they
affect
the
range.
(
3)
The
limits
or
stops
used
to
establish
adjustable
ranges.
(
q)
Describe
everything
we
need
to
read
and
interpret
all
the
information
broadcast
by
an
engine's
onboard
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computers
and
electronic
control
modules
and
state
that
you
will
give
us
any
hardware
or
tools
we
would
need
to
do
this.
You
may
reference
any
appropriate
publicly
released
standards
that
define
conventions
for
these
messages
and
parameters.
Format
your
information
consistent
with
publicly
released
standards.
(
r)
State
whether
your
engine
will
operate
in
variable­
speed
applications,
constant­
speed
applications,
or
both.
If
your
certification
covers
only
constantspeed
or
only
variable­
speed
applications,
describe
how
you
will
prevent
use
of
these
engines
in
the
applications
for
which
they
are
not
certified.
(
s)
Starting
in
the
2007
model
year,
state
that
all
the
engines
in
the
engine
family
comply
with
the
field­
testing
emission
standards
we
specify
in
§
1048.101(
c)
for
all
normal
operation
and
use
(
see
§
1048.515).
Describe
in
detail
any
testing,
engineering
analysis,
or
other
information
on
which
you
base
this
statement.
(
t)
State
that
you
operated
your
test
engines
according
to
the
specified
procedures
and
test
parameters
using
the
fuels
described
in
the
application
to
show
you
meet
the
requirements
of
this
part.
(
u)
State
unconditionally
that
all
the
engines
in
the
engine
family
comply
with
the
requirements
of
this
part,
other
referenced
parts,
and
the
Clean
Air
Act.
(
v)
Include
estimates
of
U.
S.­
directed
production
volumes.
(
w)
Show
us
how
to
modify
your
production
engines
to
measure
emissions
in
the
field
(
see
§
1048.115(
d)).
(
x)
Add
other
information
to
help
us
evaluate
your
application
if
we
ask
for
it.

§
1048.210
May
I
get
preliminary
approval
before
I
complete
my
application?

If
you
send
us
information
before
you
finish
the
application,
we
will
review
it
and
make
any
appropriate
determinations
listed
in
§
1048.215(
b)(
1)
through
(
7).
Decisions
made
under
this
section
are
considered
to
be
preliminary
approval.
We
will
generally
not
disapprove
applications
under
§
1048.215(
b)(
1)
through
(
5)
where
we
have
given
you
preliminary
approval,
unless
we
find
new
and
substantial
information
supporting
a
different
decision.
(
a)
If
you
request
preliminary
approval
related
to
the
upcoming
model
year
or
the
model
year
after
that,
we
will
make
a
``
best­
efforts''
attempt
to
make
the
appropriate
determinations
as
soon
as
possible.
We
will
generally
not
provide
preliminary
approval
related
to
a
future
model
year
more
than
two
years
ahead
of
time.
(
b)
You
may
consider
full
compliance
with
published
guidance
to
be
preliminary
approval
only
if
the
guidance
includes
a
statement
that
we
intend
you
to
consider
it
as
such.

§
1048.215
What
happens
after
I
complete
my
application?

(
a)
If
any
of
the
information
in
your
application
changes
after
you
submit
it,
amend
it
as
described
in
§
1048.225.
(
b)
We
may
deny
your
application
(
that
is,
determine
that
we
cannot
approve
it
without
revision)
if
the
engine
family
does
not
meet
the
requirements
of
this
part
or
the
Act.
For
example:
(
1)
If
you
inappropriately
use
the
provisions
of
§
1048.230(
c)
or
(
d)
to
define
a
broader
or
narrower
engine
family,
we
will
require
you
to
redefine
your
engine
family.
(
2)
If
we
determine
you
did
not
appropriately
select
the
useful
life
under
§
1048.101(
g),
we
will
require
you
to
lengthen
it.
(
3)
If
we
determine
you
did
not
appropriately
select
deterioration
factors
under
§
1048.240(
c),
we
will
require
you
to
revise
them.
(
4)
If
your
diagnostic
system
is
inadequate
for
detecting
significant
malfunctions
in
emission­
control
systems,
as
described
in
§
1048.110(
b),
we
will
require
you
to
make
the
system
more
effective.
(
5)
If
your
diagnostic
system
inappropriately
disregards
trouble
codes
under
certain
conditions,
as
described
in
§
1048.110(
f),
we
will
require
you
to
change
the
system
to
operate
under
broader
conditions.
(
6)
If
your
proposed
emission
control
information
label
is
inconsistent
with
§
1048.135,
we
will
require
you
to
change
it
(
and
tell
you
how,
if
possible).
(
7)
If
you
require
or
recommend
maintenance
and
use
instructions
inconsistent
with
§
1048.125,
we
will
require
you
to
change
them.
(
8)
If
we
find
any
other
problem
with
your
application,
we
will
tell
you
what
the
problem
is
and
what
needs
to
be
corrected.
(
c)
If
we
determine
your
application
is
complete
and
shows
that
the
engine
family
meets
all
the
requirements
of
this
part
and
the
Act,
we
will
issue
a
certificate
of
conformity
for
your
engine
family
for
that
model
year.
If
we
deny
the
application,
we
will
explain
why
in
writing.
You
may
then
ask
us
to
hold
a
hearing
to
reconsider
our
decision
(
see
§
1048.820).
§
1048.220
How
do
I
amend
the
maintenance
instructions
in
my
application?

Send
the
Designated
Officer
a
request
to
amend
your
application
for
certification
for
an
engine
family
if
you
want
to
change
the
emission­
related
maintenance
instructions
in
a
way
that
could
affect
emissions.
In
your
request,
describe
the
proposed
changes
to
the
maintenance
instructions.
(
a)
If
you
are
decreasing
the
specified
level
of
maintenance,
you
may
distribute
the
new
maintenance
instructions
to
your
customers
30
days
after
we
receive
your
request,
unless
we
disapprove
your
request.
We
may
approve
a
shorter
time
or
waive
this
requirement.
(
b)
If
your
requested
change
would
not
decrease
the
specified
level
of
maintenance,
you
may
distribute
the
new
maintenance
instructions
anytime
after
you
send
your
request.
(
c)
If
you
are
correcting
or
clarifying
your
maintenance
instructions
or
if
you
are
changing
instructions
for
maintenance
unrelated
to
emission
controls,
the
requirements
of
this
section
do
not
apply.

§
1048.225
How
do
I
amend
my
application
to
include
new
or
modified
engines?

(
a)
You
must
amend
your
application
for
certification
before
you
take
either
of
the
following
actions:
(
1)
Add
an
engine
to
a
certificate
of
conformity
(
this
includes
any
changes
you
make
in
selecting
emission
standards
under
§
1048.205(
m)(
1)).
(
2)
Make
a
design
change
for
a
certified
engine
family
that
may
affect
emissions
or
an
emission­
related
part
over
the
engine's
lifetime.
(
b)
Send
the
Designated
Officer
a
request
to
amend
the
application
for
certification
for
an
engine
family.
In
your
request,
do
all
of
the
following:
(
1)
Describe
the
engine
model
or
configuration
you
are
adding
or
changing.
(
2)
Include
engineering
evaluations
or
reasons
why
the
original
test
engine
is
or
is
not
still
appropriate.
(
3)
If
the
original
test
engine
for
the
engine
family
is
not
appropriate
to
show
compliance
for
the
new
or
modified
nonroad
engine,
include
new
test
data
showing
that
the
new
or
modified
nonroad
engine
meets
the
requirements
of
this
part.
(
c)
You
may
start
producing
the
new
or
modified
nonroad
engine
anytime
after
you
send
us
your
request.
If
we
determine
that
the
affected
engines
do
not
meet
applicable
requirements,
we
will
require
you
to
cease
production
of
the
engines
and
to
recall
and
correct
the
engines
at
no
expense
to
the
owner.
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/
Rules
and
Regulations
you
choose
to
produce
engines
under
this
paragraph
(
c),
we
will
consider
that
to
be
consent
to
recall
all
engines
that
we
determine
do
not
meet
applicable
standards
or
other
requirements
and
to
remedy
the
nonconformity
at
no
expense
to
the
owner.
(
d)
You
must
give
us
test
data
within
30
days
if
we
ask
for
more
testing,
or
stop
producing
the
engine
if
you
cannot
do
this.
You
may
give
us
an
engineering
evaluation
instead
of
test
data
if
we
agree
that
you
can
address
our
questions
without
test
data.
(
e)
If
we
determine
that
the
certificate
of
conformity
would
not
cover
your
new
or
modified
nonroad
engine,
we
will
send
you
a
written
explanation
of
our
decision.
In
this
case,
you
may
no
longer
produce
these
engines,
though
you
may
ask
for
a
hearing
for
us
to
reconsider
our
decision
(
see
§
1048.820).

§
1048.230
How
do
I
select
engine
families?
(
a)
Divide
your
product
line
into
families
of
engines
that
you
expect
to
have
similar
emission
characteristics.
Your
engine
family
is
limited
to
a
single
model
year.
(
b)
Group
engines
in
the
same
engine
family
if
they
are
the
same
in
all
of
the
following
aspects:
(
1)
The
combustion
cycle.
(
2)
The
cooling
system
(
water­
cooled
vs.
air­
cooled).
(
3)
Configuration
of
the
fuel
system
(
for
example,
fuel
injection
vs.
carburetion).
(
4)
Method
of
air
aspiration.
(
5)
The
number,
location,
volume,
and
composition
of
catalytic
converters.
(
6)
The
number,
arrangement,
and
approximate
bore
diameter
of
cylinders.
(
7)
Evaporative
emission
controls.
(
c)
In
some
cases
you
may
subdivide
a
group
of
engines
that
is
identical
under
paragraph
(
b)
of
this
section
into
different
engine
families.
To
do
so,
you
must
show
you
expect
emission
characteristics
to
be
different
during
the
useful
life
or
that
any
of
the
following
engine
characteristics
are
different:
(
1)
Method
of
actuating
intake
and
exhaust
timing
(
poppet
valve,
reed
valve,
rotary
valve,
etc.).
(
2)
Location
or
size
of
intake
and
exhaust
valves
or
ports.
(
3)
Configuration
of
the
combustion
chamber.
(
4)
Cylinder
stroke.
(
5)
Exhaust
system.
(
6)
Type
of
fuel.
(
d)
If
your
engines
are
not
identical
with
respect
to
the
things
listed
in
paragraph
(
b)
of
this
section,
but
you
show
that
their
emission
characteristics
during
the
useful
life
will
be
similar,
we
may
approve
grouping
them
in
the
same
engine
family.
(
e)
If
you
cannot
appropriately
define
engine
families
by
the
method
in
this
section,
we
will
define
them
based
on
features
related
to
emission
characteristics.
(
f)
You
may
ask
us
to
create
separate
families
for
exhaust
emissions
and
evaporative
emissions.
If
we
do
this,
list
both
families
on
the
emission
control
information
label.
(
g)
Where
necessary,
you
may
divide
an
engine
family
into
sub­
families
to
meet
different
emission
standards,
as
specified
in
§
1048.101(
a)(
2).
For
issues
related
to
compliance
and
prohibited
actions,
we
will
generally
apply
decisions
to
the
whole
engine
family.
For
engine
labels
and
other
administrative
provisions,
we
may
approve
your
request
for
separate
treatment
of
sub­
families.

§
1048.235
What
emission
testing
must
I
perform
for
my
application
for
a
certificate
of
conformity?

This
section
describes
the
emission
testing
you
must
perform
to
show
compliance
with
the
emission
standards
in
§
§
1048.101(
a)
and
(
b)
and
1048.105
during
certification.
See
§
1048.205(
s)
regarding
emission
testing
related
to
the
field­
testing
emission
standards.
(
a)
Test
your
emission­
data
engines
using
the
procedures
and
equipment
specified
in
subpart
F
of
this
part.
For
any
testing
related
to
evaporative
emissions,
use
good
engineering
judgment
to
include
a
complete
fuel
system
with
the
engine.
(
b)
Select
engine
families
according
to
the
following
criteria:
(
1)
For
exhaust
testing,
select
from
each
engine
family
a
test
engine
for
each
fuel
type
with
a
configuration
that
is
most
likely
to
exceed
the
exhaust
emission
standards,
using
good
engineering
judgment.
Consider
the
emission
levels
of
all
exhaust
constituents
over
the
full
useful
life
of
the
engine
when
operated
in
a
piece
of
equipment.
(
2)
For
evaporative
testing,
select
from
each
engine
family
a
test
fuel
system
for
each
fuel
type
with
a
configuration
that
is
most
likely
to
exceed
the
evaporative
emission
standards,
using
good
engineering
judgment.
(
c)
You
may
use
previously
generated
emission
data
in
either
of
the
following
cases:
(
1)
You
may
submit
emission
data
for
equivalent
engine
families
from
previous
years
instead
of
doing
new
tests,
but
only
if
the
data
show
that
the
test
engine
would
meet
all
the
requirements
for
the
latest
engine
models.
We
may
require
you
to
do
new
emission
testing
if
we
believe
the
latest
engine
models
could
be
substantially
different
from
the
previously
tested
engine.
(
2)
You
may
submit
emission
data
for
equivalent
engine
families
performed
to
show
compliance
with
other
standards
(
such
as
California
standards)
instead
of
doing
new
tests,
but
only
if
the
data
show
that
the
test
engine
would
meet
all
of
this
part's
requirements.
(
d)
We
may
choose
to
measure
emissions
from
any
of
your
test
engines
(
or
other
engines
from
the
engine
family).
(
1)
If
we
do
this,
you
must
provide
the
test
engine
at
the
location
we
select.
We
may
decide
to
do
the
testing
at
your
plant
or
any
other
facility.
If
we
choose
to
do
the
testing
at
your
plant,
you
must
schedule
it
as
soon
as
possible
and
make
available
the
instruments
and
equipment
we
need.
(
2)
If
we
measure
emissions
on
one
of
your
test
engines,
the
results
of
that
testing
become
the
official
data
for
the
engine.
Unless
we
later
invalidate
this
data,
we
may
decide
not
to
consider
your
data
in
determining
if
your
engine
family
meets
the
emission
standards.
(
3)
Before
we
test
one
of
your
engines,
we
may
set
its
adjustable
parameters
to
any
point
within
the
physically
adjustable
ranges
(
see
§
1048.115(
e)).
(
4)
Calibrate
the
test
engine
within
normal
production
tolerances
for
anything
we
do
not
consider
an
adjustable
parameter
(
see
§
1048.205(
p)).

§
1048.240
How
do
I
demonstrate
that
my
engine
family
complies
with
exhaust
emission
standards?

(
a)
For
certification,
your
engine
family
is
considered
in
compliance
with
the
numerical
emission
standards
in
§
1048.101
(
a)
and
(
b),
if
all
emissiondata
engines
representing
that
family
have
test
results
showing
emission
levels
at
or
below
these
standards.
(
b)
Your
engine
family
does
not
comply
if
any
emission­
data
engine
representing
that
family
has
test
results
showing
emission
levels
above
the
standards
from
§
1048.101
(
a)
and
(
b)
for
any
pollutant.
(
c)
To
compare
emission
levels
from
the
test
engine
with
the
emission
standards,
apply
deterioration
factors
to
the
measured
emission
levels.
The
deterioration
factor
is
a
number
that
shows
the
relationship
between
exhaust
emissions
at
the
end
of
useful
life
and
at
the
low­
hour
test
point.
Specify
the
deterioration
factors
based
on
emission
measurements
using
four
significant
figures,
consistent
with
good
engineering
judgment.
For
example,
deterioration
factors
must
be
consistent
with
emission
increases
observed
from
in­
use
testing
with
similar
engines
(
see
subpart
E
of
this
part).
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8,
2002
/
Rules
and
Regulations
engine
manufacturers
may
use
assigned
deterioration
factors
that
we
establish.
Apply
the
deterioration
factors
as
follows:
(
1)
For
engines
that
use
aftertreatment
technology,
such
as
catalytic
converters,
the
deterioration
factor
is
the
ratio
of
exhaust
emissions
at
the
end
of
useful
life
to
exhaust
emissions
at
the
low­
hour
test
point.
Adjust
the
official
emission
results
for
each
tested
engine
at
the
selected
test
point
by
multiplying
the
measured
emissions
by
the
deterioration
factor.
If
the
factor
is
less
than
one,
use
one.
(
2)
For
engines
that
do
not
use
aftertreatment
technology,
the
deterioration
factor
is
the
difference
between
exhaust
emissions
at
the
end
of
useful
life
and
exhaust
emissions
at
the
low­
hour
test
point.
Adjust
the
official
emission
results
for
each
tested
engine
at
the
selected
test
point
by
adding
the
factor
to
the
measured
emissions.
If
the
factor
is
less
than
zero,
use
zero.
(
d)
After
adjusting
the
emission
levels
for
deterioration,
round
them
to
the
same
number
of
decimal
places
as
the
emission
standard.
Compare
the
rounded
emission
levels
to
the
emission
standard
for
each
test
engine.

§
1048.245
How
do
I
demonstrate
that
my
engine
family
complies
with
evaporative
emission
standards?
(
a)
For
certification,
your
engine
family
is
considered
in
compliance
with
the
evaporative
emission
standards
in
subpart
B
of
this
part
if
you
do
either
of
the
following:
(
1)
You
have
test
results
showing
that
evaporative
emissions
in
the
family
are
at
or
below
the
standards
throughout
the
useful
life.
(
2)
Where
applicable,
you
comply
with
the
design
specifications
in
paragraph
(
e)
of
this
section.
(
b)
Your
engine
family
does
not
comply
if
any
fuel
system
representing
that
family
has
test
results
showing
emission
levels
above
the
standards.
(
c)
Use
good
engineering
judgment
to
develop
a
test
plan
to
establish
deterioration
factors
to
show
how
much
emissions
increase
at
the
end
of
useful
life.
(
d)
If
you
adjust
the
emission
levels
for
deterioration,
round
them
to
the
same
number
of
decimal
places
as
the
emission
standard.
Compare
the
rounded
emission
levels
to
the
emission
standard
for
each
test
fuel
system.
(
e)
You
may
demonstrate
that
your
engine
family
complies
with
the
evaporative
emission
standards
by
demonstrating
that
you
use
the
following
control
technologies:
(
1)
For
certification
to
the
standards
specified
in
§
1048.105(
a)(
1),
with
the
following
technologies:
(
i)
Use
a
tethered
or
self­
closing
gas
cap
on
a
fuel
tank
that
stays
sealed
up
to
a
positive
pressure
of
24.5
kPa
(
3.5
psig)
or
a
vacuum
pressure
of
10.5
kPa
(
1.5
psig).
(
ii)
[
Reserved]
(
2)
For
certification
to
the
standards
specified
in
§
1048.105(
a)(
3),
demonstrating
that
you
use
design
features
to
prevent
fuel
boiling
under
all
normal
operation.
You
may
do
this
using
fuel
temperature
data
measured
during
normal
operation.
(
3)
We
may
establish
additional
options
for
design­
based
certification
where
we
find
that
new
test
data
demonstrate
that
a
technology
will
ensure
compliance
with
the
emission
standards
in
this
section.

§
1048.250
What
records
must
I
keep
and
make
available
to
EPA?

(
a)
Organize
and
maintain
the
following
records
to
keep
them
readily
available;
we
may
review
these
records
at
any
time:
(
1)
A
copy
of
all
applications
and
any
summary
information
you
sent
us.
(
2)
Any
of
the
information
we
specify
in
§
1048.205
that
you
did
not
include
in
your
application.
(
3)
A
detailed
history
of
each
emission­
data
engine.
In
each
history,
describe
all
of
the
following:
(
i)
The
test
engine's
construction,
including
its
origin
and
buildup,
steps
you
took
to
ensure
that
it
represents
production
engines,
any
components
you
built
specially
for
it,
and
all
emission­
related
components.
(
ii)
How
you
accumulated
engine
operating
hours,
including
the
dates
and
the
number
of
hours
accumulated.
(
iii)
All
maintenance
(
including
modifications,
parts
changes,
and
other
service)
and
the
dates
and
reasons
for
the
maintenance.
(
iv)
All
your
emission
tests,
including
documentation
on
routine
and
standard
tests,
as
specified
in
part
40
CFR
part
1065,
and
the
date
and
purpose
of
each
test.
(
v)
All
tests
to
diagnose
engine
or
emission­
control
performance,
giving
the
date
and
time
of
each
and
the
reasons
for
the
test.
(
vi)
Any
other
significant
events.
(
b)
Keep
data
from
routine
emission
tests
(
such
as
test
cell
temperatures
and
relative
humidity
readings)
for
one
year
after
we
issue
the
associated
certificate
of
conformity.
Keep
all
other
information
specified
in
paragraph
(
a)
of
this
section
for
eight
years
after
we
issue
your
certificate.
(
c)
Store
these
records
in
any
format
and
on
any
media,
as
long
as
you
can
promptly
send
us
organized,
written
records
in
English
if
we
ask
for
them.
(
d)
Send
us
copies
of
any
engine
maintenance
instructions
or
explanations
if
we
ask
for
them.

§
1048.255
When
may
EPA
deny,
revoke,
or
void
my
certificate
of
conformity?

(
a)
We
may
deny
your
application
for
certification
if
your
engine
family
fails
to
comply
with
emission
standards
or
other
requirements
of
this
part
or
the
Act.
Our
decision
may
be
based
on
any
information
available
to
us
showing
you
do
not
meet
emission
standards
or
other
requirements,
including
any
testing
that
we
conduct
under
paragraph
(
f)
of
this
section.
If
we
deny
your
application,
we
will
explain
why
in
writing.
(
b)
In
addition,
we
may
deny
your
application
or
revoke
your
certificate
if
you
do
any
of
the
following:
(
1)
Refuse
to
comply
with
any
testing
or
reporting
requirements.
(
2)
Submit
false
or
incomplete
information
(
paragraph
(
d)
of
this
section
applies
if
this
is
fraudulent).
(
3)
Render
inaccurate
any
test
data.
(
4)
Deny
us
from
completing
authorized
activities
despite
our
presenting
a
warrant
or
court
order
(
see
40
CFR
1068.20).
(
5)
Produce
engines
for
importation
into
the
United
States
at
a
location
where
local
law
prohibits
us
from
carrying
out
authorized
activities.
(
c)
We
may
void
your
certificate
if
you
do
not
keep
the
records
we
require
or
do
not
give
us
information
when
we
ask
for
it.
(
d)
We
may
void
your
certificate
if
we
find
that
you
intentionally
submitted
false
or
incomplete
information.
(
e)
If
we
deny
your
application
or
revoke
or
void
your
certificate,
you
may
ask
for
a
hearing
(
see
§
1048.820).
Any
such
hearing
will
be
limited
to
substantial
and
factual
issues.
(
f)
We
may
conduct
confirmatory
testing
of
your
engines
as
part
of
certification.
We
may
deny
your
application
for
certification
or
revoke
your
certificate
if
your
engines
fail
to
comply
with
emission
standards
or
other
requirements
during
confirmatory
testing.

Subpart
D
 
Testing
Production­
line
Engines
§
1048.301
When
must
I
test
my
production­
line
engines?

(
a)
If
you
produce
engines
that
are
subject
the
requirements
of
this
part,
you
must
test
them
as
described
in
this
subpart.
(
b)
We
may
suspend
or
revoke
your
certificate
of
conformity
for
certain
engine
families
if
your
production­
line
engines
do
not
meet
the
requirements
of
this
part
or
you
do
not
fulfill
your
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obligations
under
this
subpart
(
see
§
§
1048.325
and
1048.340).
(
c)
Other
requirements
apply
to
engines
that
you
produce.
Other
regulatory
provisions
authorize
us
to
suspend,
revoke,
or
void
your
certificate
of
conformity,
or
order
recalls
for
engines
families
without
regard
to
whether
they
have
passed
these
production­
line
testing
requirements.
The
requirements
of
this
part
do
not
affect
our
ability
to
do
selective
enforcement
audits,
as
described
in
part
1068
of
this
chapter.
Individual
engines
in
families
that
pass
these
productionline
testing
requirements
must
also
conform
to
all
applicable
regulations
of
this
part
and
part
1068
of
this
chapter.
(
d)
You
may
ask
to
use
an
alternate
program
for
testing
production­
line
engines.
In
your
request,
you
must
show
us
that
the
alternate
program
gives
equal
assurance
that
your
production­
line
engines
meet
the
requirements
of
this
part.
If
we
approve
your
alternate
program,
we
may
waive
some
or
all
of
this
subpart's
requirements.
(
e)
If
you
certify
an
engine
family
with
carryover
emission
data,
as
described
in
§
1048.235(
c),
and
these
equivalent
engine
families
consistently
pass
the
production­
line
testing
requirements
over
the
preceding
two­
year
period,
you
may
ask
for
a
reduced
testing
rate
for
further
production­
line
testing
for
that
family.
The
minimum
testing
rate
is
one
engine
per
engine
family.
If
we
reduce
your
testing
rate,
we
may
limit
our
approval
to
any
number
of
model
years.
In
determining
whether
to
approve
your
request,
we
may
consider
the
number
of
engines
that
have
failed
the
emission
tests.
(
f)
We
may
ask
you
to
make
a
reasonable
number
of
production­
line
engines
available
for
a
reasonable
time
so
we
can
test
or
inspect
them
for
compliance
with
the
requirements
of
this
part.

§
1048.305
How
must
I
prepare
and
test
my
production­
line
engines?
(
a)
Test
procedures.
Test
your
production­
line
engines
using
either
the
steady­
state
or
transient
testing
procedures
in
subpart
F
of
this
part
to
show
you
meet
the
emission
standards
in
§
1048.101(
a)
or
(
b),
respectively.
We
may
require
you
to
test
engines
using
the
transient
testing
procedures
to
show
you
meet
the
emission
standards
in
§
1048.101(
a).
(
b)
Modifying
a
test
engine.
Once
an
engine
is
selected
for
testing
(
see
§
1048.310),
you
may
adjust,
repair,
prepare,
or
modify
it
or
check
its
emissions
only
if
one
of
the
following
is
true:
(
1)
You
document
the
need
for
doing
so
in
your
procedures
for
assembling
and
inspecting
all
your
production
engines
and
make
the
action
routine
for
all
the
engines
in
the
engine
family.
(
2)
This
subpart
otherwise
specifically
allows
your
action.
(
3)
We
approve
your
action
in
advance.
(
c)
Engine
malfunction.
If
an
engine
malfunction
prevents
further
emission
testing,
ask
us
to
approve
your
decision
to
either
repair
the
engine
or
delete
it
from
the
test
sequence.
(
d)
Setting
adjustable
parameters.
Before
any
test,
we
may
adjust
or
require
you
to
adjust
any
adjustable
parameter
to
any
setting
within
its
physically
adjustable
range.
(
1)
We
may
adjust
idle
speed
outside
the
physically
adjustable
range
as
needed
only
until
the
engine
has
stabilized
emission
levels
(
see
paragraph
(
e)
of
this
section).
We
may
ask
you
for
information
needed
to
establish
an
alternate
minimum
idle
speed.
(
2)
We
may
make
or
specify
adjustments
within
the
physically
adjustable
range
by
considering
their
effect
on
emission
levels,
as
well
as
how
likely
it
is
someone
will
make
such
an
adjustment
with
in­
use
engines.
(
e)
Stabilizing
emission
levels.
Before
you
test
production­
line
engines,
you
may
operate
the
engine
to
stabilize
the
emission
levels.
Using
good
engineering
judgment,
operate
your
engines
in
a
way
that
represents
the
way
production
engines
will
be
used.
You
may
operate
each
engine
for
no
more
than
the
greater
of
two
periods:
(
1)
50
hours.
(
2)
The
number
of
hours
you
operated
your
emission­
data
engine
for
certifying
the
engine
family
(
see
40
CFR
part
1065,
subpart
E).
(
f)
Damage
during
shipment.
If
shipping
an
engine
to
a
remote
facility
for
production­
line
testing
makes
necessary
an
adjustment
or
repair,
you
must
wait
until
after
the
after
the
initial
emission
test
to
do
this
work.
We
may
waive
this
requirement
if
the
test
would
be
impossible
or
unsafe,
or
if
it
would
permanently
damage
the
engine.
Report
to
us,
in
your
written
report
under
§
1048.345,
all
adjustments
or
repairs
you
make
on
test
engines
before
each
test.
(
g)
Retesting
after
invalid
tests.
You
may
retest
an
engine
if
you
determine
an
emission
test
is
invalid.
Explain
in
your
written
report
reasons
for
invalidating
any
test
and
the
emission
results
from
all
tests.
If
you
retest
an
engine
and,
within
ten
days
after
testing,
ask
to
substitute
results
of
the
new
tests
for
the
original
ones,
we
will
answer
within
ten
days
after
we
receive
your
information.

§
1048.310
How
must
I
select
engines
for
production­
line
testing?

(
a)
Use
test
results
from
two
engines
for
each
engine
family
to
calculate
the
required
sample
size
for
the
model
year.
Update
this
calculation
with
each
test.
(
b)
Early
in
each
calendar
quarter,
randomly
select
and
test
two
engines
from
the
end
of
the
assembly
line
for
each
engine
family.
(
c)
Calculate
the
required
sample
size
for
each
engine
family.
Separately
calculate
this
figure
for
HC+
NOX
and
for
CO.
The
required
sample
size
is
the
greater
of
these
two
calculated
values.
Use
the
following
equation:

N
t
x
=
×
 
 
 
 
 
 
 
+
(
)

(
95
2
 
STD)
1
Where:
N
=
Required
sample
size
for
the
model
year.
t95
=
95%
confidence
coefficient,
which
depends
on
the
number
of
tests
completed,
n,
as
specified
in
the
table
in
paragraph
(
c)(
1)
of
this
section.
It
defines
95%
confidence
intervals
for
a
one­
tail
distribution.
x
=
Mean
of
emission
test
results
of
the
sample.
STD
=
Emission
standard.
s
=
Test
sample
standard
deviation
(
see
paragraph
(
c)(
2)
of
this
section).

(
1)
Determine
the
95%
confidence
coefficient,
t95,
from
the
following
table:

n
t95
n
t95
n
t95
2
6.31
121.80
221.72
3
2.92
131.78
231.72
4
2.35
141.77
241.71
5
2.13
151.76
251.71
6
2.02
161.75
261.71
7
1.94
171.75
271.71
8
1.90
181.74
281.70
9
1.86
191.73
291.70
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2002
/
Rules
and
Regulations
n
t95
n
t95
n
t95
10
1.83
201.73
30+
1.70
11
1.81
211.72
(
2)
Calculate
the
standard
deviation,
s,
for
the
test
sample
using
the
following
formula:

 
=
 
 
 (
X
x)

n
i
2
1
Where:
Xi
=
Emission
test
result
for
an
individual
engine.
n
=
The
number
of
tests
completed
in
an
engine
family.

(
d)
Use
final
deteriorated
test
results
to
calculate
the
variables
in
the
equations
in
paragraph
(
c)
of
this
section
(
see
§
1048.315(
a)).
(
e)
After
each
new
test,
recalculate
the
required
sample
size
using
the
updated
mean
values,
standard
deviations,
and
the
appropriate
95­
percent
confidence
coefficient.
(
f)
Distribute
the
remaining
engine
tests
evenly
throughout
the
rest
of
the
year.
You
may
need
to
adjust
your
schedule
for
selecting
engines
if
the
required
sample
size
changes.
Continue
to
randomly
select
engines
from
each
engine
family;
this
may
involve
testing
engines
that
operate
on
different
fuels.
(
g)
Continue
testing
any
engine
family
for
which
the
sample
mean,
x,
is
greater
than
the
emission
standard.
This
applies
if
the
sample
mean
for
either
HC+
NOX
or
for
CO
is
greater
than
the
emission
standard.
Continue
testing
until
one
of
the
following
things
happens:
(
1)
The
sample
size,
n,
for
an
engine
family
is
greater
than
the
required
sample
size,
N,
and
the
sample
mean,
x,
is
less
than
or
equal
to
the
emission
standard.
For
example,
if
N
=
3.1
after
the
third
test,
the
sample­
size
calculation
does
not
allow
you
to
stop
testing.
(
2)
The
engine
family
does
not
comply
according
to
§
1048.325.
(
3)
You
test
30
engines
from
the
engine
family.
(
4)
You
test
one
percent
of
your
projected
annual
U.
S.­
directed
production
volume
for
the
engine
family.
(
5)
You
choose
to
declare
that
the
engine
family
does
not
comply
with
the
requirements
of
this
subpart.
(
h)
If
the
sample­
size
calculation
allows
you
to
stop
testing
for
a
pollutant,
you
must
continue
measuring
emission
levels
of
that
pollutant
for
any
additional
tests
required
under
this
section.
However,
you
need
not
continue
making
the
calculations
specified
in
this
section
for
that
pollutant.
This
paragraph
(
h)
does
not
affect
the
requirements
in
section
§
1048.320.
(
i)
You
may
elect
to
test
more
randomly
chosen
engines
than
we
require.
Include
these
engines
in
the
sample­
size
calculations.

§
1048.315
How
do
I
know
when
my
engine
family
fails
the
production­
line
testing
requirements?

This
section
describes
the
pass/
fail
criteria
for
the
production­
line
testing
requirements.
We
apply
this
criteria
on
an
engine­
family
basis.
See
§
1048.320
for
the
requirements
that
apply
to
individual
engines
that
fail
a
production­
line
test.
(
a)
Calculate
your
test
results.
Round
them
to
the
number
of
decimal
places
in
the
emission
standard
expressed
to
one
more
decimal
place.
(
1)
Initial
and
final
test
results.
Calculate
and
round
the
test
results
for
each
engine.
If
you
do
several
tests
on
an
engine,
calculate
the
initial
test
results,
then
add
them
together
and
divide
by
the
number
of
tests
and
round
for
the
final
test
results
on
that
engine.
(
2)
Final
deteriorated
test
results.
Apply
the
deterioration
factor
for
the
engine
family
to
the
final
test
results
(
see
§
1048.240(
c)).
(
b)
Construct
the
following
CumSum
Equation
for
each
engine
family
(
for
HC+
NOX
and
for
CO
emissions):

C
X
(
STD
)
i
­
1
i
=
+
 
+
×
Ci
0
25
.
 
Where:
Ci
=
The
current
CumSum
statistic.
Ci­
1
=
The
previous
CumSum
statistic.
For
the
first
test,
CumSum
statistic
is
0
(
i.
e.
C1
=
0).
Xi
=
The
current
emission
test
result
for
an
individual
engine.
STD
=
Emission
standard.

(
c)
Use
final
deteriorated
test
results
to
calculate
the
variables
in
the
equation
in
paragraph
(
b)
of
this
section
(
see
§
1048.315(
a)).
(
d)
After
each
new
test,
recalculate
the
CumSum
statistic.
(
e)
If
you
test
more
than
the
required
number
of
engines,
include
the
results
from
these
additional
tests
in
the
CumSum
Equation.
(
f)
After
each
test,
compare
the
current
CumSum
statistic,
Ci,
to
the
recalculated
Action
Limit,
H,
defined
as
H
=
5.0
×
s.
(
g)
If
the
CumSum
statistic
exceeds
the
Action
Limit
in
two
consecutive
tests,
the
engine
family
fails
the
production­
line
testing
requirements
of
this
subpart.
Tell
us
within
ten
working
days
if
this
happens.
(
h)
If
you
amend
the
application
for
certification
for
an
engine
family
(
see
§
1048.225),
do
not
change
any
previous
calculations
of
sample
size
or
CumSum
statistics
for
the
model
year.

§
1048.320
What
happens
if
one
of
my
production­
line
engines
fails
to
meet
emission
standards?
If
you
have
a
production­
line
engine
with
final
deteriorated
test
results
exceeding
one
or
more
emission
standards
(
see
§
1048.315(
a)),
the
certificate
of
conformity
is
automatically
suspended
for
that
failing
engine.
You
must
take
the
following
actions
before
your
certificate
of
conformity
can
cover
that
engine:
(
a)
Correct
the
problem
and
retest
the
engine
to
show
it
complies
with
all
emission
standards.
(
b)
Include
in
your
written
report
a
description
of
the
test
results
and
the
remedy
for
each
engine
(
see
§
1048.345).

§
1048.325
What
happens
if
an
engine
family
fails
the
production­
line
requirements?
(
a)
We
may
suspend
your
certificate
of
conformity
for
an
engine
family
if
it
fails
under
§
1048.315.
The
suspension
may
apply
to
all
facilities
producing
engines
from
an
engine
family,
even
if
you
find
noncompliant
engines
only
at
one
facility.
(
b)
We
will
tell
you
in
writing
if
we
suspend
your
certificate
in
whole
or
in
part.
We
will
not
suspend
a
certificate
until
at
least
15
days
after
the
engine
family
fails.
The
suspension
is
effective
when
you
receive
our
notice.
(
c)
Up
to
15
days
after
we
suspend
the
certificate
for
an
engine
family,
you
may
ask
for
a
hearing
(
see
§
1048.820).
If
we
agree
before
a
hearing
that
we
used
erroneous
information
in
deciding
to
suspend
the
certificate,
we
will
reinstate
the
certificate.
(
d)
Section
§
1048.335
specifies
steps
you
must
take
to
remedy
the
cause
of
the
production­
line
failure.
All
the
engines
you
have
produced
since
the
end
of
the
last
test
period
are
presumed
noncompliant
and
should
be
addressed
in
your
proposed
remedy.
We
may
require
you
to
apply
the
remedy
to
engines
produced
earlier
if
we
determine
that
the
cause
of
the
failure
is
likely
to
have
affected
the
earlier
engines.

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68360
Federal
Register
/
Vol.
67,
No.
217
/
Friday,
November
8,
2002
/
Rules
and
Regulations
§
1048.330
May
I
sell
engines
from
an
engine
family
with
a
suspended
certificate
of
conformity?
You
may
sell
engines
that
you
produce
after
we
suspend
the
engine
family's
certificate
of
conformity
under
§
1048.315
only
if
one
of
the
following
occurs:
(
a)
You
test
each
engine
you
produce
and
show
it
complies
with
emission
standards
that
apply.
(
b)
We
conditionally
reinstate
the
certificate
for
the
engine
family.
We
may
do
so
if
you
agree
to
recall
all
the
affected
engines
and
remedy
any
noncompliance
at
no
expense
to
the
owner
if
later
testing
shows
that
the
engine
family
still
does
not
comply.

§
1048.335
How
do
I
ask
EPA
to
reinstate
my
suspended
certificate?
(
a)
Send
us
a
written
report
asking
us
to
reinstate
your
suspended
certificate.
In
your
report,
identify
the
reason
for
noncompliance,
propose
a
remedy
for
the
engine
family,
and
commit
to
a
date
for
carrying
it
out.
In
your
proposed
remedy
include
any
quality
control
measures
you
propose
to
keep
the
problem
from
happening
again.
(
b)
Give
us
data
from
production­
line
testing
that
shows
the
remedied
engine
family
complies
with
all
the
emission
standards
that
apply.

§
1048.340
When
may
EPA
revoke
my
certificate
under
this
subpart
and
how
may
I
sell
these
engines
again?
(
a)
We
may
revoke
your
certificate
for
an
engine
family
in
the
following
cases:
(
1)
You
do
not
meet
the
reporting
requirements.
(
2)
Your
engine
family
fails
to
comply
with
the
requirements
of
this
subpart
and
your
proposed
remedy
to
address
a
suspended
certificate
under
§
1048.325
is
inadequate
to
solve
the
problem
or
requires
you
to
change
the
engine's
design
or
emission­
control
system.
(
b)
To
sell
engines
from
an
engine
family
with
a
revoked
certificate
of
conformity,
you
must
modify
the
engine
family
and
then
show
it
complies
with
the
requirements
of
this
part.
(
1)
If
we
determine
your
proposed
design
change
may
not
control
emissions
for
the
engine's
full
useful
life,
we
will
tell
you
within
five
working
days
after
receiving
your
report.
In
this
case
we
will
decide
whether
production­
line
testing
will
be
enough
for
us
to
evaluate
the
change
or
whether
you
need
to
do
more
testing.
(
2)
Unless
we
require
more
testing,
you
may
show
compliance
by
testing
production­
line
engines
as
described
in
this
subpart.
(
3)
We
will
issue
a
new
or
updated
certificate
of
conformity
when
you
have
met
these
requirements.
§
1048.345
What
production­
line
testing
records
must
I
send
to
EPA?

Do
all
the
following
things
unless
we
ask
you
to
send
us
less
information:
(
a)
Within
30
calendar
days
of
the
end
of
each
calendar
quarter,
send
us
a
report
with
the
following
information:
(
1)
Describe
any
facility
used
to
test
production­
line
engines
and
state
its
location.
(
2)
State
the
total
U.
S.­
directed
production
volume
and
number
of
tests
for
each
engine
family.
(
3)
Describe
how
you
randomly
selected
engines.
(
4)
Describe
your
test
engines,
including
the
engine
family's
identification
and
the
engine's
model
year,
build
date,
model
number,
identification
number,
and
number
of
hours
of
operation
before
testing
for
each
test
engine.
(
5)
Identify
where
you
accumulated
hours
of
operation
on
the
engines
and
describe
the
procedure
and
schedule
you
used.
(
6)
Provide
the
test
number;
the
date,
time
and
duration
of
testing;
test
procedure;
initial
test
results
before
and
after
rounding;
final
test
results;
and
final
deteriorated
test
results
for
all
tests.
Provide
the
emission
results
for
all
measured
pollutants.
Include
information
for
both
valid
and
invalid
tests
and
the
reason
for
any
invalidation.
(
7)
Describe
completely
and
justify
any
nonroutine
adjustment,
modification,
repair,
preparation,
maintenance,
or
test
for
the
test
engine
if
you
did
not
report
it
separately
under
this
subpart.
Include
the
results
of
any
emission
measurements,
regardless
of
the
procedure
or
type
of
equipment.
(
8)
Provide
the
CumSum
analysis
required
in
§
1048.315
for
each
engine
family.
(
9)
Report
on
each
failed
engine
as
described
in
§
1048.320.
(
10)
State
the
date
the
calendar
quarter
ended
for
each
engine
family.
(
b)
We
may
ask
you
to
add
information
to
your
written
report,
so
we
can
determine
whether
your
new
nonroad
engines
conform
with
the
requirements
of
this
subpart.
(
c)
An
authorized
representative
of
your
company
must
sign
the
following
statement:

We
submit
this
report
under
Sections
208
and
213
of
the
Clean
Air
Act.
Our
production­
line
testing
conformed
completely
with
the
requirements
of
40
CFR
part
1048.
We
have
not
changed
production
processes
or
quality­
control
procedures
for
the
engine
family
in
a
way
that
might
affect
the
emission
control
from
production
engines.
All
the
information
in
this
report
is
true
and
accurate,
to
the
best
of
my
knowledge.
I
know
of
the
penalties
for
violating
the
Clean
Air
Act
and
the
regulations.
(
Authorized
Company
Representative)

(
d)
Send
electronic
reports
of
production­
line
testing
to
the
Designated
Officer
using
an
approved
information
format.
If
you
want
to
use
a
different
format,
send
us
a
written
request
with
justification
for
a
waiver.
(
e)
We
will
send
copies
of
your
reports
to
anyone
from
the
public
who
asks
for
them.
See
§
1048.815
for
information
on
how
we
treat
information
you
consider
confidential.

§
1048.350
What
records
must
I
keep?
(
a)
Organize
and
maintain
your
records
as
described
in
this
section.
We
may
review
your
records
at
any
time,
so
it
is
important
to
keep
required
information
readily
available.
(
b)
Keep
paper
records
of
your
production­
line
testing
for
one
full
year
after
you
complete
all
the
testing
required
for
an
engine
family
in
a
model
year.
You
may
use
any
additional
storage
formats
or
media
if
you
like.
(
c)
Keep
a
copy
of
the
written
reports
described
in
§
1048.345.
(
d)
Keep
the
following
additional
records:
(
1)
A
description
of
all
test
equipment
for
each
test
cell
that
you
can
use
to
test
production­
line
engines.
(
2)
The
names
of
supervisors
involved
in
each
test.
(
3)
The
name
of
anyone
who
authorizes
adjusting,
repairing,
preparing,
or
modifying
a
test
engine
and
the
names
of
all
supervisors
who
oversee
this
work.
(
4)
If
you
shipped
the
engine
for
testing,
the
date
you
shipped
it,
the
associated
storage
or
port
facility,
and
the
date
the
engine
arrived
at
the
testing
facility.
(
5)
Any
records
related
to
your
production­
line
tests
that
are
not
in
the
written
report.
(
6)
A
brief
description
of
any
significant
events
during
testing
not
otherwise
described
in
the
written
report
or
in
this
section.
(
7)
Any
information
specified
in
§
1048.345
that
you
do
not
include
in
your
written
reports.
(
e)
If
we
ask,
you
must
give
us
projected
or
actual
production
figures
for
an
engine
family.
We
may
ask
you
to
divide
your
production
figures
by
maximum
brake
power,
displacement,
fuel
type,
or
assembly
plant
(
if
you
produce
engines
at
more
than
one
plant).
(
f)
Keep
a
list
of
engine
identification
numbers
for
all
the
engines
you
produce
under
each
certificate
of
conformity.
Give
us
this
list
within
30
days
if
we
ask
for
it.

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Federal
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/
Vol.
67,
No.
217
/
Friday,
November
8,
2002
/
Rules
and
Regulations
(
g)
We
may
ask
you
to
keep
or
send
other
information
necessary
to
implement
this
subpart.

Subpart
E
 
Testing
In­
use
Engines
§
1048.401
What
testing
requirements
apply
to
my
engines
that
have
gone
into
service?

(
a)
If
you
produce
engines
that
are
subject
to
the
requirements
of
this
part,
you
must
test
them
as
described
in
this
subpart.
This
generally
involves
testing
engines
in
the
field
or
removing
them
for
measurement
in
a
laboratory.
(
b)
We
may
approve
an
alternate
plan
for
showing
that
in­
use
engines
comply
with
the
requirements
of
this
part
if
one
of
the
following
is
true:
(
1)
You
produce
200
or
fewer
engines
per
year
in
the
selected
engine
family.
(
2)
Removing
the
engine
from
most
of
the
applications
for
that
engine
family
causes
significant,
irreparable
damage
to
the
equipment.
(
3)
You
identify
a
unique
aspect
of
your
engine
applications
that
keeps
you
from
doing
the
required
in­
use
testing.
(
c)
We
may
void
your
certificate
of
conformity
for
an
engine
family
if
you
do
not
meet
your
obligations
under
this
part.
(
d)
Independent
of
your
responsibility
to
test
in­
use
engines,
we
may
choose
at
any
time
to
do
our
own
testing
of
your
in­
use
engines.
(
e)
If
in­
use
testing
shows
that
engines
fail
to
meet
emission
standards
or
other
requirements
of
this
part,
we
may
pursue
a
recall
or
other
remedy
as
allowed
by
the
Act
(
see
§
1048.415).

§
1048.405
How
does
this
program
work?

(
a)
You
must
test
in­
use
engines,
for
exhaust
emissions,
from
the
families
we
select.
We
may
select
up
to
25
percent
of
your
engine
families
in
any
model
year
 
or
one
engine
family
if
you
have
three
or
fewer
families.
We
will
select
engine
families
for
testing
before
the
end
of
the
model
year.
When
we
select
an
engine
family
for
testing,
we
may
specify
that
you
preferentially
test
engines
based
on
fuel
type
or
equipment
type.
In
addition,
we
may
identify
specific
modes
of
operation
or
sampling
times.
You
may
choose
to
test
additional
engine
families
that
we
do
not
select.
(
b)
Send
us
an
in­
use
testing
plan
within
12
calendar
months
after
we
direct
you
to
test
a
particular
engine
family.
Complete
the
testing
within
24
calendar
months
after
we
approve
your
plan.
(
c)
You
may
need
to
test
engines
from
more
than
one
model
year
at
a
given
time.
§
1048.410
How
must
I
select,
prepare,
and
test
my
in­
use
engines?
(
a)
You
may
make
arrangements
to
select
representative
test
engines
from
your
own
fleet
or
from
other
independent
sources.
(
b)
For
the
selected
engine
families,
select
engines
that
you
or
your
customers
have
 
(
1)
Operated
for
at
least
50
percent
of
the
engine
family's
useful
life
(
see
§
1048.101(
d));
(
2)
Not
maintained
or
used
in
an
abnormal
way;
and
(
3)
Documented
in
terms
of
total
hours
of
operation,
maintenance,
operating
conditions,
and
storage.
(
c)
Use
the
following
methods
to
determine
the
number
of
engines
you
must
test
in
each
engine
family:
(
1)
Test
at
least
two
engines
if
you
produce
2,000
or
fewer
engines
in
the
model
year
from
all
engine
families,
or
if
you
produce
500
or
fewer
engines
from
the
selected
engine
family.
Otherwise,
test
at
least
four
engines.
(
2)
If
you
successfully
complete
an
inuse
test
program
on
an
engine
family
and
later
certify
an
equivalent
engine
family
with
carryover
emission
data,
as
described
in
§
1048.235(
c),
then
test
at
least
one
engine
instead
of
the
testing
rates
in
paragraph
(
c)(
1)
of
this
section.
(
3)
If
you
test
the
minimum
required
number
of
engines
and
all
comply
fully
with
emission
standards,
you
may
stop
testing.
(
4)
For
each
engine
that
fails
any
applicable
standard,
test
two
more.
Regardless
of
measured
emission
levels,
you
do
not
have
to
test
more
than
ten
engines
in
an
engine
family.
You
may
do
more
tests
than
we
require.
(
5)
You
may
concede
that
the
engine
family
does
not
comply
before
testing
a
total
of
ten
engines.
(
d)
You
may
do
minimal
maintenance
to
set
components
of
a
test
engine
to
specifications
for
anything
we
do
not
consider
an
adjustable
parameter
(
see
§
1048.205(
p)).
Limit
maintenance
to
what
is
in
the
owner's
instructions
for
engines
with
that
amount
of
service
and
age.
Document
all
maintenance
and
adjustments.
(
e)
Do
at
least
one
valid
exhaust
emission
test
for
each
test
engine.
(
f)
For
a
test
program
on
an
engine
family,
choose
one
of
the
following
methods
to
test
your
engines:
(
1)
Remove
the
selected
engines
for
testing
in
a
laboratory.
Use
the
applicable
steady­
state
and
transient
procedures
in
subpart
F
of
this
part
to
show
compliance
with
the
duty­
cycle
standards
in
§
1048.101(
a)
and
(
b).
We
may
direct
you
to
measure
emissions
on
the
dynamometer
using
the
supplemental
test
procedures
in
§
1048.515
to
show
compliance
with
the
field­
testing
standards
in
§
1048.101(
c).
(
2)
Test
the
selected
engines
while
they
remain
installed
in
the
equipment.
Use
the
field
testing
procedures
in
subpart
F
of
this
part.
Measure
emissions
during
normal
operation
of
the
equipment
to
show
compliance
with
the
field­
testing
standards
in
§
1048.101(
c).
We
may
direct
you
to
include
specific
areas
of
normal
operation.
(
g)
You
may
ask
us
to
waive
parts
of
the
prescribed
test
procedures
if
they
are
not
necessary
to
determine
in­
use
compliance.
(
h)
Calculate
the
average
emission
levels
for
an
engine
family
from
the
results
for
the
set
of
tested
engines.
Round
them
to
the
number
of
decimal
places
in
the
emission
standards
expressed
to
one
more
decimal
place.

§
1048.415
What
happens
if
in­
use
engines
do
not
meet
requirements?

(
a)
Determine
the
reason
each
in­
use
engine
exceeds
the
emission
standards.
(
b)
If
the
average
emission
levels
calculated
in
§
1048.410(
h)
exceed
any
of
the
emission
standards
that
apply,
notify
us
within
fifteen
days
of
completing
testing
on
this
family.
Otherwise
follow
the
reporting
instructions
in
§
1048.420.
(
c)
We
will
consider
failure
rates,
average
emission
levels,
and
any
defects
 
among
other
things
 
to
decide
on
taking
remedial
action
under
this
subpart
(
see
40
CFR
1068.505).
We
may
consider
the
results
from
any
voluntary
additional
testing
you
conduct.
We
may
also
consider
information
related
to
testing
from
other
engine
families
showing
that
you
designed
them
to
exceed
the
minimum
requirements
for
controlling
emissions.
We
may
order
a
recall
before
or
after
you
complete
testing
of
an
engine
family
if
we
determine
a
substantial
number
of
engines
do
not
conform
to
section
213
of
the
Act
or
to
this
part.
(
d)
If
in­
use
testing
reveals
a
design
or
manufacturing
defect
that
prevents
engines
from
meeting
the
requirements
of
this
part,
you
must
correct
the
defect
as
soon
as
possible
for
any
future
production
for
engines
in
every
family
affected
by
the
defect.
(
e)
You
may
voluntarily
recall
an
engine
family
for
emission
failures,
as
described
in
40
CFR
1068.535,
unless
we
have
ordered
a
recall
for
that
family
under
40
CFR
1068.505.
(
f)
You
have
the
right
to
a
hearing
before
we
order
you
to
recall
your
engines
or
implement
an
alternative
remedy
(
see
§
1048.820).

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§
1048.420
What
in­
use
testing
information
must
I
report
to
EPA?

(
a)
In
a
report
to
us
within
three
months
after
you
finish
testing
an
engine
family,
do
all
the
following:
(
1)
Identify
the
engine
family,
model,
serial
number,
and
date
of
manufacture.
(
2)
For
each
engine
inspected
or
considered
for
testing,
identify
whether
the
diagnostic
system
was
functioning.
(
3)
Describe
the
specific
reasons
for
disqualifying
any
engines
for
not
being
properly
maintained
or
used.
(
4)
For
each
engine
selected
for
testing,
include
the
following
information:
(
i)
Estimate
the
hours
each
engine
was
used
before
testing.
(
ii)
Describe
all
maintenance,
adjustments,
modifications,
and
repairs
to
each
test
engine.
(
5)
State
the
date
and
time
of
each
test
attempt.
(
6)
Include
the
results
of
all
emission
testing,
including
incomplete
or
invalidated
tests,
if
any.
(
b)
Send
electronic
reports
of
in­
use
testing
to
the
Designated
Officer
using
an
approved
information
format.
If
you
want
to
use
a
different
format,
send
us
a
written
request
with
justification
for
a
waiver.
(
c)
We
will
send
copies
of
your
reports
to
anyone
from
the
public
who
asks
for
them.
See
§
1048.815
for
information
on
how
we
treat
information
you
consider
confidential.
(
d)
We
may
ask
for
more
information.
§
1048.425
What
records
must
I
keep?
(
a)
Organize
and
maintain
your
records
as
described
in
this
section.
We
may
review
your
records
at
any
time,
so
it
is
important
to
keep
required
information
readily
available.
(
b)
Keep
paper
records
of
your
in­
use
testing
for
one
full
year
after
you
complete
all
the
testing
required
for
an
engine
family
in
a
model
year.
You
may
use
any
additional
storage
formats
or
media
if
you
like.
(
c)
Keep
a
copy
of
the
written
reports
described
in
§
1048.420.
(
d)
Keep
any
additional
records
related
to
the
procurement
process.

Subpart
F
 
Test
Procedures
§
1048.501
What
procedures
must
I
use
to
test
my
engines?
(
a)
Use
the
equipment
and
procedures
for
spark­
ignition
engines
in
40
CFR
part
1065
to
show
your
engines
meet
the
duty­
cycle
emission
standards
in
§
1048.101(
a)
and
(
b).
Measure
HC,
NOX,
CO,
and
CO2
emissions
using
the
fullflow
dilute
sampling
procedures
in
40
CFR
part
1065.
Use
the
applicable
duty
cycles
in
§
§
1048.505
and
1048.510.
(
b)
We
describe
in
§
1048.515
the
supplemental
procedures
for
showing
that
your
engines
meet
the
field­
testing
emission
standards
in
§
1048.101(
c).
(
c)
Use
the
fuels
specified
in
40
CFR
part
1065,
subpart
C,
for
all
the
testing
we
require
in
this
part,
except
as
noted
in
§
1048.515.
Use
these
test
fuels
or
any
commercially
available
fuel
for
service
accumulation.
(
d)
To
test
engines
for
evaporative
emissions,
use
the
equipment
and
procedures
specified
for
testing
diurnal
emissions
in
40
CFR
86.107
 
96
and
86.133
 
96
with
fuel
meeting
the
specifications
in
40
CFR
part
1065,
subpart
C.
Measure
emissions
from
a
test
engine
with
a
complete
fuel
system.
Reported
emission
levels
must
be
based
on
the
highest
emissions
from
three
successive
24­
hour
periods
of
cycling
temperatures.
Note
that
you
may
not
be
required
to
test
for
evaporative
emissions
during
certification
if
you
certify
by
design,
as
specified
in
§
1048.245.
(
e)
You
may
use
special
or
alternate
procedures,
as
described
in
40
CFR
1065.10.
(
f)
We
may
reject
data
you
generate
using
alternate
procedures
if
later
testing
with
the
procedures
in
40
CFR
part
1065
shows
contradictory
emission
data.

§
1048.505
What
steady­
state
duty
cycles
apply
for
laboratory
testing?

(
a)
Measure
emissions
by
testing
the
engine
on
a
dynamometer
with
one
or
more
of
the
following
sets
of
steadystate
duty
cycles
to
show
that
the
engine
meets
the
steady­
state
standards
in
§
1048.101(
b):
(
1)
Use
the
7­
mode
duty
cycle
described
in
the
following
table
for
engines
from
an
engine
family
that
will
be
used
only
in
variable­
speed
applications:

TABLE
1
OF
§
1048.505
 
7­
MODE
DUTY
CYCLE
1
Mode
No.
Engine
speed
Observed
torque
2
Minimum
time
in
mode
(
minutes)
Weighting
factors
1
..................................................
Maximum
test
speed
......................................................................
25
3.0
0.06
2
..................................................
Intermediate
test
speed
..................................................................
100
3.0
0.02
3
..................................................
Intermediate
test
speed
..................................................................
75
3.0
0.05
4
..................................................
Intermediate
test
speed
..................................................................
50
3.0
0.32
5
..................................................
Intermediate
test
speed
..................................................................
25
3.0
0.30
6
..................................................
Intermediate
test
speed
..................................................................
10
3.0
0.10
7
..................................................
Idle
..................................................................................................
0
3.0
0.15
1
This
duty
cycle
is
analogous
to
the
C2
cycle
specified
in
ISO
8178
 
4.
2
The
percent
torque
is
relative
to
the
maximum
torque
at
the
given
engine
speed.

(
2)
Use
the
5­
mode
duty
cycle
described
in
the
following
table
if
you
certify
an
engine
family
for
operation
only
at
a
single,
rated
speed:

TABLE
2
OF
§
1048.505
 
5­
MODE
DUTY
CYCLE
FOR
CONSTANT­
SPEED
ENGINES
1
Mode
No.
Engine
speed
Torque
2
Minimum
time
in
mode
(
minutes)
Weighting
factors
1
..................................................
Maximum
test
.................................................................................
100
3.0
0.05
2
..................................................
Maximum
test
.................................................................................
75
3.0
0.25
3
..................................................
Maximum
test
.................................................................................
50
3.0
0.30
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2002
/
Rules
and
Regulations
TABLE
2
OF
§
1048.505
 
5­
MODE
DUTY
CYCLE
FOR
CONSTANT­
SPEED
ENGINES
1
Mode
No.
Engine
speed
Torque
2
Minimum
time
in
mode
(
minutes)
Weighting
factors
4
..................................................
Maximum
test
.................................................................................
25
3.0
0.30
5
..................................................
Maximum
test
.................................................................................
10
3.0
0.10
1
This
duty
cycle
is
analogous
to
the
D2
cycle
specified
in
ISO
8178
 
4.
2
The
percent
torque
is
relative
to
the
maximum
torque
at
maximum
test
speed.

(
3)
Use
both
of
the
duty
cycles
described
in
paragraphs
(
a)(
1)
and
(
a)(
2)
of
this
section
if
you
will
not
restrict
an
engine
family
to
constant­
speed
or
variable­
speed
applications.
(
4)
Use
only
the
duty
cycle
specified
in
paragraph
(
a)(
2)
of
this
section
for
all
severe­
duty
engines.
(
5)
Use
the
2­
mode
duty
cycle
described
in
the
following
table
for
high­
load
engines
instead
of
the
other
duty
cycles
in
this
paragraph
(
a):

TABLE
3
OF
§
1048.505
 
2­
MODE
DUTY
CYCLE
FOR
HIGH­
LOAD
ENGINES
1
Mode
No.
Engine
speed
Torque
2
Minimum
time
in
mode
(
minutes)
Weighting
factors
1
..................................................
Maximum
test
.................................................................................
100
3.0
0.50
2
..................................................
Maximum
test
.................................................................................
75
3.0
0.50
1
This
duty
cycle
is
derived
from
the
D1
cycle
specified
in
ISO
8178
 
4.
2
The
percent
torque
is
relative
to
the
maximum
torque
at
maximum
test
speed.

(
b)
If
we
test
an
engine
to
confirm
that
it
meets
the
duty­
cycle
emission
standards,
we
will
use
the
steady­
state
duty
cycles
that
apply
for
that
engine
family.
(
c)
During
idle
mode,
operate
the
engine
with
the
following
parameters:
(
1)
Hold
the
speed
within
your
specifications.
(
2)
Keep
the
throttle
at
the
idle­
stop
position.
(
3)
Keep
engine
torque
under
5
percent
of
the
peak
torque
value
at
maximum
test
speed.
(
d)
For
the
full­
load
operating
mode,
operate
the
engine
at
wide­
open
throttle.
(
e)
See
40
CFR
part
1065
for
detailed
specifications
of
tolerances
and
calculations.
(
f)
In
the
normal
test
sequence
described
in
40
CFR
part
1065,
subpart
F,
steady­
state
testing
generally
follows
the
transient
test.
For
those
cases
where
we
do
not
require
transient
testing,
perform
the
steady­
state
test
after
an
appropriate
warm­
up
period,
consistent
with
good
engineering
judgment.

§
1048.510
What
transient
duty
cycles
apply
for
laboratory
testing?

(
a)
Starting
with
the
2007
model
year,
measure
emissions
by
testing
the
engine
on
a
dynamometer
with
one
of
the
following
transient
duty
cycles
to
show
that
the
engine
meets
the
transient
emission
standards
in
§
1048.101(
a):
(
1)
If
you
certify
an
engine
family
for
constant­
speed
operation
only,
use
the
transient
duty­
cycle
described
in
Appendix
I
of
this
part.
(
2)
For
all
other
engines,
use
the
transient
duty­
cycle
described
in
Appendix
II
of
this
part.
(
b)
If
we
test
an
engine
to
confirm
that
it
meets
the
duty­
cycle
emission
standards,
we
will
use
the
transient
duty
cycle
that
applies
for
that
engine
family.
(
c)
Warm
up
the
test
engine
as
follows:
(
1)
Operate
the
engine
for
the
first
180
seconds
of
the
appropriate
duty
cycle,
then
allow
it
to
idle
without
load
for
30
seconds.
At
the
end
of
the
30­
second
idling
period,
start
measuring
emissions
as
the
engine
operates
over
the
prescribed
duty
cycle.
For
severe­
duty
engines,
this
engine
warm­
up
procedure
may
include
up
to
15
minutes
of
operation
over
the
appropriate
duty
cycle.
(
2)
If
the
engine
was
already
operating
before
a
test,
use
good
engineering
judgment
to
let
the
engine
cool
down
enough
so
measured
emissions
during
the
next
test
will
accurately
represent
those
from
an
engine
starting
at
room
temperature.
For
example,
if
an
engine
starting
at
room
temperature
warms
up
enough
in
three
minutes
to
start
closedloop
operation
and
achieve
full
catalyst
activity,
then
minimal
engine
cooling
is
necessary
before
starting
the
next
test.
(
3)
You
are
not
required
to
measure
emissions
while
the
engine
is
warming
up.
However,
you
must
design
your
emission­
control
system
to
start
working
as
soon
as
possible
after
engine
starting.
In
your
application
for
certification,
describe
how
your
engine
meets
this
objective
(
see
§
1048.205(
b)).

§
1048.515
Field­
testing
procedures.

(
a)
This
section
describes
the
procedures
to
determine
whether
your
engines
meet
the
field­
testing
emission
standards
in
§
1048.101(
c).
These
procedures
may
include
any
normal
engine
operation
and
ambient
conditions
that
the
engines
may
experience
in
use.
Paragraph
(
b)
of
this
section
defines
the
limits
of
what
we
will
consider
normal
engine
operation
and
ambient
conditions.
Use
the
test
procedures
we
specify
in
§
1048.501,
except
for
the
provisions
we
specify
in
this
section.
Measure
emissions
with
one
of
the
following
procedures:
(
1)
Remove
the
selected
engines
for
testing
in
a
laboratory.
You
can
use
an
engine
dynamometer
to
simulate
normal
operation,
as
described
in
this
section.
(
2)
Test
the
selected
engines
while
they
remain
installed
in
the
equipment.
In
40
CFR
part
1065,
subpart
J,
we
describe
the
equipment
and
sampling
methods
for
testing
engines
in
the
field.
Use
fuel
meeting
the
specifications
of
40
CFR
1065.210
or
a
fuel
typical
of
what
you
would
expect
the
engine
to
use
in
service.
(
b)
An
engine's
emissions
may
not
exceed
the
levels
we
specify
in
§
1048.101(
c)
for
any
continuous
sampling
period
of
at
least
120
seconds
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217
/
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November
8,
2002
/
Rules
and
Regulations
under
the
following
ranges
of
operation
and
operating
conditions:
(
1)
Engine
operation
during
the
emission
sampling
period
may
include
any
normal
operation,
subject
to
the
following
restrictions:
(
i)
Average
power
must
be
over
5
percent
of
maximum
brake
power.
(
ii)
Continuous
time
at
idle
must
not
be
greater
than
120
seconds.
(
iii)
The
sampling
period
may
not
begin
until
the
engine
has
reached
stable
operating
temperatures.
For
example,
this
would
exclude
engine
operation
after
starting
until
the
thermostat
starts
modulating
coolant
temperature.
(
iv)
The
sampling
period
may
not
include
engine
starting.
(
v)
For
engines
that
qualify
for
the
alternate
Tier
2
emission
standards
in
§
1048.101(
d),
operation
at
90
percent
or
more
of
maximum
power
must
be
less
than
10
percent
of
the
total
sampling
time.
You
may
request
our
approval
for
a
different
power
threshold.
(
2)
Engine
testing
may
occur
under
any
normal
conditions
without
correcting
measured
emission
levels,
subject
to
the
following
restrictions:
(
i)
Barometric
pressure
must
be
between
80.0
and
103.3
kPa
(
600
and
775
mm
Hg).
(
ii)
Ambient
air
temperature
must
be
between
13
°
and
35
°
C.

Subpart
G
 
Compliance
Provisions
§
1048.601
What
compliance
provisions
apply
to
these
engines?

Engine
and
equipment
manufacturers,
as
well
as
owners,
operators,
and
rebuilders
of
these
engines,
and
all
other
persons,
must
observe
the
requirements
and
prohibitions
in
40
CFR
part
1068
and
the
requirements
of
the
Act.
The
compliance
provisions
in
this
subpart
apply
only
to
the
engines
we
regulate
in
this
part.

§
1048.605
What
are
the
provisions
for
exempting
engines
from
the
requirements
of
this
part
if
they
are
already
certified
under
the
motor­
vehicle
program?

(
a)
This
section
applies
to
you
if
you
are
an
engine
manufacturer.
See
§
1048.610
if
you
are
not
an
engine
manufacturer.
(
b)
The
only
requirements
or
prohibitions
from
this
part
that
apply
to
an
engine
that
is
exempt
under
this
section
are
in
this
section.
(
c)
If
you
meet
all
the
following
criteria
and
requirements
regarding
your
new
nonroad
engine,
it
is
exempt
under
this
section:
(
1)
You
must
produce
it
by
modifying
an
engine
covered
by
a
valid
certificate
of
conformity
under
40
CFR
part
86.
(
2)
Do
not
make
any
changes
to
the
certified
engine
that
we
could
reasonably
expect
to
increase
its
exhaust
or
evaporative
emissions.
For
example,
if
you
make
any
of
the
following
changes
to
one
of
these
engines,
you
do
not
qualify
for
this
exemption:
(
i)
Change
any
fuel
system
or
evaporative
system
parameters
from
the
certified
configuration
(
this
does
not
apply
to
refueling
emission
controls).
(
ii)
Change
any
other
emission­
related
components.
(
iii)
Modify
or
design
the
engine
cooling
system
so
that
temperatures
or
heat
rejection
rates
are
outside
the
original
engine
manufacturer's
specified
ranges.
(
3)
Demonstrate
that
fewer
than
50
percent
of
the
engine
model's
total
sales,
from
all
companies,
are
used
in
nonroad
applications.
(
4)
The
engine
must
have
the
label
we
require
under
40
CFR
part
86.
(
5)
Add
a
permanent
supplemental
label
to
the
engine
in
a
position
where
it
will
remain
clearly
visible
after
installation
in
the
equipment.
In
your
engine's
emission
control
information
label,
do
the
following:
(
i)
Include
the
heading:
``
Nonroad
Engine
Emission
Control
Information''.
(
ii)
Include
your
full
corporate
name
and
trademark.
(
iii)
State:
``
THIS
ENGINE
WAS
ADAPTED
FOR
NONROAD
USE
WITHOUT
AFFECTING
ITS
EMISSION
CONTROLS.''.
(
iv)
State
the
date
you
finished
modifying
the
engine
(
month
and
year).
(
6)
The
original
and
supplemental
labels
must
be
readily
visible
after
the
engine
is
installed
in
the
equipment
or,
if
the
equipment
obscures
the
engine's
emission
control
information
label,
the
equipment
manufacturer
must
attach
duplicate
labels,
as
described
in
40
CFR
1068.105.
(
7)
Send
the
Designated
Officer
a
signed
letter
by
the
end
of
each
calendar
year
(
or
less
often
if
we
tell
you)
with
all
the
following
information:
(
i)
Identify
your
full
corporate
name,
address,
and
telephone
number.
(
ii)
List
the
engine
models
you
expect
to
produce
under
this
exemption
in
the
coming
year.
(
iii)
State:
``
We
produce
each
listed
engine
model
for
nonroad
application
without
making
any
changes
that
could
increase
its
certified
emission
levels,
as
described
in
40
CFR
1048.605.''.
(
d)
If
your
engines
do
not
meet
the
criteria
listed
in
paragraph
(
c)
of
this
section,
they
will
be
subject
to
the
standards
and
prohibitions
of
this
part.
Producing
these
engines
without
a
valid
exemption
or
certificate
of
conformity
would
violate
the
prohibitions
in
40
CFR
1068.101.
(
e)
If
you
are
the
original
engine
manufacturer
of
both
the
highway
and
nonroad
versions
of
an
exempted
engine,
you
must
send
us
emission
test
data
on
the
applicable
nonroad
duty
cycle(
s).
You
may
include
the
data
in
your
application
for
certification
or
in
your
letter
requesting
the
exemption.
(
f)
If
you
are
the
original
engine
manufacturer
of
an
exempted
engine
that
is
modified
by
another
company
under
this
exemption,
we
may
require
you
to
send
us
emission
test
data
on
the
applicable
nonroad
duty
cycle(
s).
If
we
ask
for
this
data,
we
will
allow
a
reasonable
amount
of
time
to
collect
it.
(
g)
The
engine
exempted
under
this
section
must
meet
all
applicable
requirements
from
40
CFR
part
86.
This
applies
to
engine
manufacturers,
equipment
manufacturers
who
use
these
engines,
and
all
other
persons
as
if
these
engines
were
used
in
a
motor
vehicle.

§
1048.610
What
are
the
provisions
for
producing
nonroad
equipment
with
engines
already
certified
under
the
motor­
vehicle
program?
If
you
are
not
an
engine
manufacturer,
you
may
produce
nonroad
equipment
from
complete
or
incomplete
motor
vehicles
with
the
motor
vehicle
engine
if
you
meet
three
criteria:
(
a)
The
engine
or
vehicle
is
certified
to
40
CFR
part
86.
(
b)
The
engine
is
not
adjusted
outside
the
engine
manufacturer's
specifications
(
see
§
1048.605(
c)(
2)).
(
c)
The
engine
or
vehicle
is
not
modified
in
any
way
that
may
affect
its
emission
control.
This
applies
to
exhaust
and
evaporative
emission
controls,
but
not
refueling
emission
controls.

§
1048.615
What
are
the
provisions
for
exempting
engines
designed
for
lawn
and
garden
applications?
This
section
is
intended
for
engines
designed
for
lawn
and
garden
applications,
but
it
applies
to
any
engines
meeting
the
size
criteria
in
paragraph
(
a)
of
this
section.
(
a)
If
an
engine
meets
all
the
following
criteria,
it
is
exempt
from
the
requirements
of
this
part:
(
1)
The
engine
must
have
a
total
displacement
of
1,000
cc
or
less.
(
2)
The
engine
must
have
a
maximum
brake
power
of
30
kW
or
less.
(
3)
The
engine
must
be
in
an
engine
family
that
has
a
valid
certificate
of
conformity
showing
that
it
meets
emission
standards
for
Class
II
engines
under
40
CFR
part
90.
(
b)
The
only
requirements
or
prohibitions
from
this
part
that
apply
to
an
engine
that
meets
the
criteria
in
paragraph
(
a)
of
this
section
are
in
this
section.

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Federal
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/
Vol.
67,
No.
217
/
Friday,
November
8,
2002
/
Rules
and
Regulations
(
c)
If
your
engines
do
not
meet
the
criteria
listed
in
paragraph
(
a)
of
this
section,
they
will
be
subject
to
the
provisions
of
this
part.
Producing
these
engines
without
a
valid
exemption
or
certificate
of
conformity
would
violate
the
prohibitions
in
40
CFR
1068.101.
(
d)
Engines
exempted
under
this
section
are
subject
to
all
the
requirements
affecting
engines
under
40
CFR
part
90.
The
requirements
and
restrictions
of
40
CFR
part
90
apply
to
anyone
manufacturing
these
engines,
anyone
manufacturing
equipment
that
uses
these
engines,
and
all
other
persons
in
the
same
manner
as
if
these
engines
had
a
total
maximum
brake
power
at
or
below
19
kW.

§
1048.620
What
are
the
provisions
for
exempting
large
engines
fueled
by
natural
gas?

(
a)
If
an
engine
meets
all
the
following
criteria,
it
is
exempt
from
the
requirements
of
this
part:
(
1)
The
engine
must
operate
solely
on
natural
gas.
(
2)
The
engine
must
have
maximum
brake
power
250
kW
or
higher.
(
3)
The
engine
must
be
in
an
engine
family
that
has
a
valid
certificate
of
conformity
showing
that
it
meets
emission
standards
for
engines
of
that
power
rating
under
40
CFR
part
89.
(
b)
The
only
requirements
or
prohibitions
from
this
part
that
apply
to
an
engine
that
is
exempt
under
this
section
are
in
this
section.
(
c)
If
your
engines
do
not
meet
the
criteria
listed
in
paragraph
(
a)
of
this
section,
they
will
be
subject
to
the
provisions
of
this
part.
Producing
these
engines
without
a
valid
exemption
or
certificate
of
conformity
would
violate
the
prohibitions
in
40
CFR
1068.101.
(
d)
Engines
exempted
under
this
section
are
subject
to
all
the
requirements
affecting
engines
under
40
CFR
part
89.
The
requirements
and
restrictions
of
40
CFR
part
89
apply
to
anyone
manufacturing
these
engines,
anyone
manufacturing
equipment
that
uses
these
engines,
and
all
other
persons
in
the
same
manner
as
if
these
were
nonroad
diesel
engines.
(
e)
You
may
request
an
exemption
under
this
section
by
submitting
an
application
for
certification
for
the
engines
under
40
CFR
part
89.

§
1048.625
What
special
provisions
apply
to
engines
using
noncommercial
fuels?

If
you
are
unable
to
meet
this
part's
requirements
with
engines
using
noncommercial
fuels
(
such
as
unrefined
natural
gas
released
by
oil
wells),
the
following
provisions
apply
for
those
engines:
(
a)
Create
a
separate
engine
family.
(
b)
Disregard
the
limits
on
adjustable
parameters
in
§
1048.115(
e),
but
make
sure
the
engines
meet
emission
standards
with
normal
settings
when
the
engine
is
using
fuel
meeting
the
specifications
of
40
CFR
part
1065,
subpart
C.
(
c)
Add
the
following
information
to
the
emission
control
information
label
specified
in
§
1048.135:
(
1)
Include
instructions
describing
how
to
adjust
the
engine
to
operate
in
a
way
that
maintains
the
effectiveness
of
the
emission­
control
system.
(
2)
State:
``
THIS
ENGINE
IS
CERTIFIED
TO
OPERATE
IN
APPLICATIONS
USING
NONCOMMERCIAL
FUEL.
USING
IT
IN
AN
APPLICATION
INVOLVING
ONLY
COMMERCIAL
FUELS
MAY
BE
A
VIOLATION
OF
FEDERAL
LAW
SUBJECT
TO
CIVIL
PENALTY.''.
(
d)
Keep
records
to
document
the
destinations
and
quantities
of
engines
produced
under
this
section.

Subpart
H
 
[
Reserved]

Subpart
I
 
Definitions
and
Other
Reference
Information
§
1048.801
What
definitions
apply
to
this
part?

The
following
definitions
apply
to
this
part.
The
definitions
apply
to
all
subparts
unless
we
note
otherwise.
All
undefined
terms
have
the
meaning
the
Act
gives
to
them.
The
definitions
follow:
Act
means
the
Clean
Air
Act,
as
amended,
42
U.
S.
C.
7401
et
seq.
Adjustable
parameter
means
any
device,
system,
or
element
of
design
that
someone
can
adjust
(
including
those
which
are
difficult
to
access)
and
that,
if
adjusted,
may
affect
emissions
or
engine
performance
during
emission
testing
or
normal
in­
use
operation.
You
may
ask
us
to
exclude
a
parameter
that
is
difficult
to
access
if
it
cannot
be
adjusted
to
affect
emissions
without
significantly
degrading
performance,
or
if
you
otherwise
show
us
that
it
will
not
be
adjusted
in
a
way
that
affects
emissions
during
in­
use
operation.
Aftertreatment
means
relating
to
any
system,
component,
or
technology
mounted
downstream
of
the
exhaust
valve
or
exhaust
port
whose
design
function
is
to
reduce
exhaust
emissions.
Aircraft
means
any
vehicle
capable
of
sustained
air
travel
above
treetop
heights.
All­
terrain
vehicle
has
the
meaning
we
give
in
40
CFR
1051.801.
Auxiliary
emission­
control
device
means
any
element
of
design
that
senses
temperature,
engine
rpm,
motive
speed,
transmission
gear,
atmospheric
pressure,
manifold
pressure
or
vacuum,
or
any
other
parameter
to
activate,
modulate,
delay,
or
deactivate
the
operation
of
any
part
of
the
emissioncontrol
system.
This
also
includes
any
other
feature
that
causes
in­
use
emissions
to
be
higher
than
those
measured
under
test
conditions,
except
as
we
allow
under
this
part.
Blue
Sky
Series
engine
means
an
engine
meeting
the
requirements
of
§
1048.140.
Brake
power
means
the
usable
power
output
of
the
engine,
not
including
power
required
to
operate
fuel
pumps,
oil
pumps,
or
coolant
pumps.
Broker
means
any
entity
that
facilitates
a
trade
of
emission
credits
between
a
buyer
and
seller.
Calibration
means
the
set
of
specifications
and
tolerances
specific
to
a
particular
design,
version,
or
application
of
a
component
or
assembly
capable
of
functionally
describing
its
operation
over
its
working
range.
Certification
means
obtaining
a
certificate
of
conformity
for
an
engine
family
that
complies
with
the
emission
standards
and
requirements
in
this
part.
Compression­
ignition
means
relating
to
a
type
of
reciprocating,
internalcombustion
engine
that
is
not
a
sparkignition
engine.
Constant­
speed
engine
means
an
engine
governed
to
operate
at
a
single
speed.
Crankcase
emissions
means
airborne
substances
emitted
to
the
atmosphere
from
any
part
of
the
engine
crankcase's
ventilation
or
lubrication
systems.
The
crankcase
is
the
housing
for
the
crankshaft
and
other
related
internal
parts.
Designated
Officer
means
the
Manager,
Engine
Programs
Group
(
6405
 
J),
U.
S.
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
Washington,
DC
20460.
Emission­
control
system
means
any
device,
system,
or
element
of
design
that
controls
or
reduces
the
regulated
emissions
from
an
engine.
Emission­
data
engine
means
an
engine
that
is
tested
for
certification.
Emission­
related
maintenance
means
maintenance
that
substantially
affects
emissions
or
is
likely
to
substantially
affect
emissions
deterioration.
Engine
family
means
a
group
of
engines
with
similar
emission
characteristics,
as
specified
in
§
1048.230.
Engine
manufacturer
means
the
manufacturer
of
the
engine.
See
the
definition
of
``
manufacturer''
in
this
section.
Fuel
system
means
all
components
involved
in
transporting,
metering,
and
mixing
the
fuel
from
the
fuel
tank
to
the
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/
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and
Regulations
combustion
chamber(
s),
including
the
fuel
tank,
fuel
tank
cap,
fuel
pump,
fuel
filters,
fuel
lines,
carburetor
or
fuelinjection
components,
and
all
fuelsystem
vents.
Good
engineering
judgment
has
the
meaning
we
give
in
40
CFR
1068.5.
High­
cost
warranted
part
means
a
component
covered
by
the
emissionrelated
warranty
with
a
replacement
cost
(
at
the
time
of
certification)
exceeding
$
400
(
in
1998
dollars).
Adjust
this
value
using
the
most
recent
annual
average
consumer
price
index
information
published
by
the
U.
S.
Bureau
of
Labor
Statistics.
For
this
definition,
replacement
cost
includes
the
retail
cost
of
the
part
plus
labor
and
standard
diagnosis.
High­
load
engine
means
an
engine
for
which
the
engine
manufacturer
can
provide
clear
evidence
that
operation
below
75
percent
of
maximum
load
in
it's
final
application
will
be
rare.
Hydrocarbon
(
HC)
means
the
hydrocarbon
group
on
which
the
emission
standards
are
based
for
each
fuel
type.
For
gasoline­
and
LPG­
fueled
engines,
HC
means
total
hydrocarbon
(
THC).
For
natural
gas­
fueled
engines,
HC
means
nonmethane
hydrocarbon
(
NMHC).
For
alcohol­
fueled
engines,
HC
means
total
hydrocarbon
equivalent
(
THCE).
Identification
number
means
a
unique
specification
(
for
example,
model
number/
serial
number
combination)
that
allows
someone
to
distinguish
a
particular
engine
from
other
similar
engines.
Intermediate
test
speed
has
the
meaning
we
give
in
40
CFR
1065.515.
Manufacturer
has
the
meaning
given
in
section
216(
1)
of
the
Act.
In
general,
this
term
includes
any
person
who
manufactures
an
engine,
vehicle,
or
piece
of
equipment
for
sale
in
the
United
States
or
otherwise
introduces
a
new
nonroad
engine
into
commerce
in
the
United
States.
This
includes
importers
who
import
engines,
equipment,
or
vehicles
for
resale.
Marine
engine
means
an
engine
that
someone
installs
or
intends
to
install
on
a
marine
vessel.
There
are
two
kinds
of
marine
engines:
(
1)
Propulsion
marine
engine
means
a
marine
engine
that
moves
a
vessel
through
the
water
or
directs
the
vessel's
movement.
(
2)
Auxiliary
marine
engine
means
a
marine
engine
not
used
for
propulsion.
Marine
vessel
means
a
vehicle
that
is
capable
of
operation
in
water
but
is
not
capable
of
operation
out
of
water.
Amphibious
vehicles
are
not
marine
vessels.
Maximum
brake
power
means
the
maximum
brake
power
an
engine
produces
at
maximum
test
speed.
Maximum
test
speed
has
the
meaning
we
give
in
40
CFR
1065.515.
Maximum
test
torque
has
the
meaning
we
give
in
40
CFR
1065.1001.
Model
year
means
one
of
the
following
things:
(
1)
For
freshly
manufactured
engines
(
see
definition
of
``
new
nonroad
engine,''
paragraph
(
1)),
model
year
means
one
of
the
following:
(
i)
Calendar
year.
(
ii)
Your
annual
new
model
production
period
if
it
is
different
than
the
calendar
year.
This
must
include
January
1
of
the
calendar
year
for
which
the
model
year
is
named.
It
may
not
begin
before
January
2
of
the
previous
calendar
year
and
it
must
end
by
December
31
of
the
named
calendar
year.
(
2)
For
an
engine
that
is
converted
to
a
nonroad
engine
after
being
placed
into
service
in
a
motor
vehicle,
model
year
means
the
calendar
year
in
which
the
engine
was
originally
produced
(
see
definition
of
``
new
nonroad
engine,''
paragraph
(
2)).
(
3)
For
a
nonroad
engine
excluded
under
§
1048.5
that
is
later
converted
to
operate
in
an
application
that
is
not
excluded,
model
year
means
the
calendar
year
in
which
the
engine
was
originally
produced
(
see
definition
of
``
new
nonroad
engine,''
paragraph
(
3)).
(
4)
For
engines
that
are
not
freshly
manufactured
but
are
installed
in
new
nonroad
equipment,
model
year
means
the
calendar
year
in
which
the
engine
is
installed
in
the
new
nonroad
equipment.
This
installation
date
is
based
on
the
time
that
final
assembly
of
the
equipment
is
complete
(
see
definition
of
``
new
nonroad
engine,''
paragraph
(
4)).
(
5)
For
an
engine
modified
by
an
importer
(
not
the
original
engine
manufacturer)
who
has
a
certificate
of
conformity
for
the
imported
engine
(
see
definition
of
``
new
nonroad
engine,''
paragraph
(
5)),
model
year
means
one
of
the
following:
(
i)
The
calendar
year
in
which
the
importer
finishes
modifying
and
labeling
the
engine.
(
ii)
Your
annual
production
period
for
producing
engines
if
it
is
different
than
the
calendar
year;
follow
the
guidelines
in
paragraph
(
1)(
ii)
of
this
definition.
(
6)
For
an
engine
you
import
that
does
not
meet
the
criteria
in
paragraphs
(
1)
through
(
5)
of
the
definition
of
``
new
nonroad
engine,''
model
year
means
the
calendar
year
in
which
the
engine
manufacturer
completed
the
original
assembly
of
the
engine.
In
general,
this
applies
to
used
equipment
that
you
import
without
conversion
or
major
modification.
Motor
vehicle
has
the
meaning
we
give
in
40
CFR
85.1703(
a).
In
general,
motor
vehicle
means
a
self­
propelled
vehicle
that
can
transport
one
or
more
people
or
any
material,
but
doesn't
include
any
of
the
following:
(
1)
Vehicles
having
a
maximum
ground
speed
over
level,
paved
surfaces
no
higher
than
40
km
per
hour
(
25
miles
per
hour).
(
2)
Vehicles
that
lack
features
usually
needed
for
safe,
practical
use
on
streets
or
highways
 
for
example,
safety
features
required
by
law,
a
reverse
gear
(
except
for
motorcycles),
or
a
differential.
(
3)
Vehicles
whose
operation
on
streets
or
highways
would
be
unsafe,
impractical,
or
highly
unlikely.
Examples
are
vehicles
with
tracks
instead
of
wheels,
very
large
size,
or
features
associated
with
military
vehicles,
such
as
armor
or
weaponry.
New
nonroad
engine
means
any
of
the
following
things:
(
1)
A
freshly
manufactured
nonroad
engine
for
which
the
ultimate
buyer
has
never
received
the
equitable
or
legal
title.
This
kind
of
vehicle
might
commonly
be
thought
of
as
``
brand
new.''
In
the
case
of
this
paragraph
(
1),
the
engine
is
no
longer
new
when
the
ultimate
buyer
receives
this
title
or
the
product
is
placed
into
service,
whichever
comes
first.
(
2)
An
engine
originally
manufactured
as
a
motor
vehicle
engine
that
is
later
intended
to
be
used
in
a
piece
of
nonroad
equipment.
In
this
case,
the
engine
is
no
longer
a
motor
vehicle
engine
and
becomes
a
``
new
nonroad
engine''.
The
engine
is
no
longer
new
when
it
is
placed
into
nonroad
service.
(
3)
A
nonroad
engine
that
has
been
previously
placed
into
service
in
an
application
we
exclude
under
§
1048.5,
where
that
engine
is
installed
in
a
piece
of
equipment
for
which
these
exclusions
do
not
apply.
The
engine
is
no
longer
new
when
it
is
placed
into
nonroad
service.
For
example,
this
would
apply
to
a
stationary
engine
that
is
no
longer
used
in
a
stationary
application.
(
4)
An
engine
not
covered
by
paragraphs
(
1)
through
(
3)
of
this
definition
that
is
intended
to
be
installed
in
new
nonroad
equipment.
The
engine
is
no
longer
new
when
the
ultimate
buyer
receives
a
title
for
the
equipment
or
the
product
is
placed
into
service,
whichever
comes
first.
This
generally
includes
installation
of
used
engines
in
new
equipment.
(
5)
An
imported
nonroad
engine
covered
by
a
certificate
of
conformity
issued
under
this
part,
where
someone
other
than
the
original
engine
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217
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2002
/
Rules
and
Regulations
manufacturer
modifies
the
engine
after
its
initial
assembly
and
holds
the
certificate.
The
engine
is
no
longer
new
when
it
is
placed
into
nonroad
service.
(
6)
An
imported
nonroad
engine
that
is
not
covered
by
a
certificate
of
conformity
issued
under
this
part
at
the
time
of
importation.
This
addresses
uncertified
engines
and
vehicles
that
have
been
placed
into
service
in
other
countries
and
that
someone
seeks
to
import
into
the
United
States.
Importation
of
this
kind
of
new
nonroad
engine
(
or
vehicle
containing
such
an
engine)
is
generally
prohibited
by
40
CFR
part
1068.
New
nonroad
equipment
means
either
of
the
following
things:
(
1)
A
nonroad
vehicle
or
other
piece
of
equipment
for
which
the
ultimate
buyer
has
never
received
the
equitable
or
legal
title.
The
product
is
no
longer
new
when
the
ultimate
buyer
receives
this
title
or
the
product
is
placed
into
service,
whichever
comes
first.
(
2)
An
imported
nonroad
piece
of
equipment
with
an
engine
not
covered
by
a
certificate
of
conformity
issued
under
this
part
at
the
time
of
importation
and
manufactured
after
the
date
for
applying
the
requirements
of
this
part.
Noncommercial
fuel
means
a
fuel
that
is
not
marketed
or
sold
as
a
commercial
product.
For
example,
this
includes
methane
produced
and
released
from
landfills
or
oil
wells.
Noncompliant
engine
means
an
engine
that
was
originally
covered
by
a
certificate
of
conformity,
but
is
not
in
the
certified
configuration
or
otherwise
does
not
comply
with
the
conditions
of
the
certificate.
Nonconforming
engine
means
an
engine
not
covered
by
a
certificate
of
conformity
that
would
otherwise
be
subject
to
emission
standards.
Nonmethane
hydrocarbon
means
the
difference
between
the
emitted
mass
of
total
hydrocarbons
and
the
emitted
mass
of
methane.
Nonroad
means
relating
to
nonroad
engines
or
equipment
that
includes
nonroad
engines.
Nonroad
engine
has
the
meaning
given
in
40
CFR
1068.30.
In
general
this
means
all
internal­
combustion
engines
except
motor
vehicle
engines,
stationary
engines,
or
engines
used
solely
for
competition.
This
part
does
not
apply
to
all
nonroad
engines
(
see
§
1048.5).
Off­
highway
motorcycle
has
the
meaning
we
give
in
40
CFR
1051.801.
(
Note:
highway
motorcycles
are
regulated
under
40
CFR
part
86.)
Oxides
of
nitrogen
has
the
meaning
given
it
in
40
CFR
part
1065
Placed
into
service
means
used
for
its
intended
purpose.
Point
of
first
retail
sale
means
the
location
at
which
the
retail
sale
occurs.
This
generally
means
a
dealership.
Revoke
means
to
discontinue
the
certificate
for
an
engine
family.
If
we
revoke
a
certificate,
you
must
apply
for
a
new
certificate
before
continuing
to
produce
the
affected
vehicles
or
engines.
This
does
not
apply
to
vehicles
or
engines
you
no
longer
possess.
Round
means
to
round
numbers
according
to
ASTM
E29
 
02
(
incorporated
by
reference
in
§
1048.810),
unless
otherwise
specified.
Scheduled
maintenance
means
adjusting,
repairing,
removing,
disassembling,
cleaning,
or
replacing
components
or
systems
that
is
periodically
needed
to
keep
a
part
from
failing
or
malfunctioning.
It
also
may
mean
actions
you
expect
are
necessary
to
correct
an
overt
indication
of
failure
or
malfunction
for
which
periodic
maintenance
is
not
appropriate.
Severe­
duty
application
includes
concrete
saws,
concrete
pumps,
and
any
other
application
where
an
engine
manufacturer
can
provide
clear
evidence
that
the
majority
of
installations
need
air­
cooled
engines
as
a
result
of
operation
in
a
severe­
duty
environment.
Severe­
duty
engine
means
an
engine
from
an
engine
family
in
which
the
majority
of
engines
are
installed
in
severe­
duty
applications.
Small­
volume
engine
manufacturer
means
a
company
with
fewer
than
200
employees.
This
includes
any
employees
working
for
parent
or
subsidiary
companies.
Snowmobile
has
the
meaning
we
give
in
40
CFR
1051.801.
Spark­
ignition
means
relating
to
a
gasoline­
fueled
engine
or
any
other
type
of
engine
with
a
spark
plug
(
or
other
sparking
device)
and
with
operating
characteristics
significantly
similar
to
the
theoretical
Otto
combustion
cycle.
Spark­
ignition
engines
usually
use
a
throttle
to
regulate
intake
air
flow
to
control
power
during
normal
operation.
Stationary
engine
means
an
internal
combustion
engine
that
is
neither
a
nonroad
engine,
nor
a
motor­
vehicle
engine,
nor
an
engine
used
solely
for
competition
(
see
the
definition
of
nonroad
engine
in
40
CFR
1068.30).
In
general
this
includes
fixed
engines
and
all
portable
or
transportable
engines
that
stay
in
a
single
site
at
a
building,
structure,
facility,
or
installation
for
at
least
a
full
year;
this
does
not
include
an
engine
installed
in
equipment
that
has
the
ability
to
propel
itself.
For
yearround
sources,
a
full
year
is
12
consecutive
months.
For
seasonal
sources,
a
full
year
is
a
full
annual
operating
period
of
at
least
three
months.
A
seasonal
source
is
a
site
with
engines
operating
only
part
of
the
year
for
at
least
two
consecutive
years.
If
you
replace
an
engine
with
one
that
does
the
same
or
similar
work
in
the
same
place,
you
may
apply
the
previous
engine's
service
to
your
calculation
for
residence
time.
If
you
move
a
stationary
engine
anytime
in
its
life
after
it
has
been
in
place
for
at
least
a
full
year,
it
becomes
a
nonroad
engine
subject
to
emission
standards
unless
it
stays
at
the
new
location
for
a
full
year.
Stoichiometry
means
the
proportion
of
a
mixture
of
air
and
fuel
such
that
the
fuel
is
fully
oxidized
with
no
remaining
oxygen.
For
example,
stoichiometric
combustion
in
gasoline
engines
typically
occurs
at
an
air­
fuel
mass
ratio
of
about
14.7.
Suspend
means
to
temporarily
discontinue
the
certificate
for
an
engine
family.
If
we
suspend
a
certificate,
you
may
not
sell
vehicles
or
engines
from
that
engine
family
unless
we
reinstate
the
certificate
or
approve
a
new
one.
Test
engine
means
an
engine
in
a
test
sample.
Test
sample
means
the
collection
of
engines
selected
from
the
population
of
an
engine
family
for
emission
testing.
Total
hydrocarbon
means
the
combined
mass
organic
compounds
measured
by
our
total
hydrocarbon
test
procedure,
expressed
as
a
hydrocarbon
with
a
hydrogen­
to­
carbon
mass
ratio
of
1.85:
1.
Total
hydrocarbon
equivalent
means
the
sum
of
the
carbon
mass
contributions
of
non­
oxygenated
hydrocarbons,
alcohols
and
aldehydes,
or
other
organic
compounds
that
are
measured
separately
as
contained
in
a
gas
sample,
expressed
as
petroleumfueled
engine
hydrocarbons.
The
hydrogen­
to­
carbon
ratio
of
the
equivalent
hydrocarbon
is
1.85:
1.
Tier
1
means
relating
to
the
emission
standards
and
other
requirements
that
apply
beginning
with
the
2004
model
year.
Tier
2
means
relating
to
the
emission
standards
and
other
requirements
that
apply
beginning
with
the
2007
model
year.
Ultimate
buyer
means
ultimate
purchaser.
Ultimate
purchaser
means,
with
respect
to
any
new
nonroad
equipment
or
new
nonroad
engine,
the
first
person
who
in
good
faith
purchases
such
new
nonroad
equipment
or
new
nonroad
engine
for
purposes
other
than
resale.
United
States
means
the
States,
the
District
of
Columbia,
the
Commonwealth
of
Puerto
Rico,
the
Commonwealth
of
the
Northern
Mariana
Islands,
Guam,
American
Samoa,
the
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8,
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/
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and
Regulations
U.
S.
Virgin
Islands,
and
the
Trust
Territory
of
the
Pacific
Islands.
Upcoming
model
year
means
for
an
engine
family
the
model
year
after
the
one
currently
in
production.
U.
S.­
directed
production
volume
means
the
number
of
engine
units,
subject
to
the
requirements
of
this
part,
produced
by
a
manufacturer
for
which
the
manufacturer
has
a
reasonable
assurance
that
sale
was
or
will
be
made
to
ultimate
buyers
in
the
United
States.
Useful
life
means
the
period
during
which
the
engine
is
designed
to
properly
function
in
terms
of
reliability
and
fuel
consumption,
without
being
remanufactured,
specified
as
a
number
of
hours
of
operation
or
calendar
years.
It
is
the
period
during
which
a
new
nonroad
engine
is
required
to
comply
with
all
applicable
emission
standards.
See
§
1048.101(
g).
Variable­
speed
engine
means
an
engine
that
is
not
a
constant­
speed
engine.
Void
means
to
invalidate
a
certificate
or
an
exemption.
If
we
void
a
certificate,
all
the
vehicles
produced
under
that
engine
family
for
that
model
year
are
considered
noncompliant,
and
you
are
liable
for
each
vehicle
produced
under
the
certificate
and
may
face
civil
or
criminal
penalties
or
both.
If
we
void
an
exemption,
all
the
vehicles
produced
under
that
exemption
are
considered
uncertified
(
or
nonconforming),
and
you
are
liable
for
each
vehicle
produced
under
the
exemption
and
may
face
civil
or
criminal
penalties
or
both.
You
may
not
produce
any
additional
vehicles
using
the
voided
exemption.
Volatile
liquid
fuel
means
any
fuel
other
than
diesel
or
biodiesel
that
is
a
liquid
at
atmospheric
pressure.
Wide­
open
throttle
means
maximum
throttle
opening.
Unless
this
is
specified
at
a
given
speed,
it
refers
to
maximum
throttle
opening
at
maximum
speed.
For
electronically
controlled
or
other
engines
with
multiple
possible
fueling
rates,
wide­
open
throttle
also
means
the
maximum
fueling
rate
at
maximum
throttle
opening
under
test
conditions.

§
1048.805
What
symbols,
acronyms,
and
abbreviations
does
this
part
use?

The
following
symbols,
acronyms,
and
abbreviations
apply
to
this
part:

°
C
degrees
Celsius.
ASTM
American
Society
for
Testing
and
Materials.
cc
cubic
centimeters.
CFR
Code
of
Federal
Regulations.
cm
centimeter.
CO
carbon
monoxide.
CO2
carbon
dioxide.
EPA
Environmental
Protection
Agency.
g/
kW­
hr
grams
per
kilowatt­
hour.
HC
hydrocarbon.
ISO
International
Organization
for
Standardization.
kPa
kilopascals.
kW
kilowatts.
LPG
liquefied
petroleum
gas.
m
meters.
MIL
malfunction­
indicator
light.
mm
Hg
millimeters
of
mercury.
NMHC
nonmethane
hydrocarbons.
NOX
oxides
of
nitrogen
(
NO
and
NO2).
psi
pounds
per
square
inch
of
absolute
pressure.
psig
pounds
per
square
inch
of
gauge
pressure.
rpm
revolutions
per
minute.
SAE
Society
of
Automotive
Engineers.
SI
spark­
ignition.
THC
total
hydrocarbon.
THCE
total
hydrocarbon
equivalent.
U.
S.
C.
United
States
Code.

§
1048.810
What
materials
does
this
part
reference?

We
have
incorporated
by
reference
the
documents
listed
in
this
section.
The
Director
of
the
Federal
Register
approved
the
incorporation
by
reference
as
prescribed
in
5
U.
S.
C.
552(
a)
and
1
CFR
part
51.
Anyone
may
inspect
copies
at
the
U.
S.
EPA,
Air
and
Radiation
Docket
and
Information
Center,
1301
Constitution
Ave.,
NW.,
Room
B102,
EPA
West
Building,
Washington,
DC
20460
or
the
Office
of
the
Federal
Register,
800
N.
Capitol
St.,
NW.,
7th
Floor,
Suite
700,
Washington,
DC.
(
a)
ASTM
material.
Table
1
of
§
1048.810
lists
material
from
the
American
Society
for
Testing
and
Materials
that
we
have
incorporated
by
reference.
The
first
column
lists
the
number
and
name
of
the
material.
The
second
column
lists
the
sections
of
this
part
where
we
reference
it.
Anyone
may
purchase
copies
of
these
materials
from
the
American
Society
for
Testing
and
Materials,
100
Barr
Harbor
Dr.,
West
Conshohocken,
PA
19428.
Table
1
follows:

TABLE
1
OF
§
1048.810.
 
ASTM
MATERIALS
Document
number
and
name
Part
1048
reference
ASTM
E29
 
02,
Standard
Practice
for
Using
Significant
Digits
in
Test
Data
to
Determine
Conformance
with
Specifications
..............
1048.801
(
b)
SAE
material.
Table
2
of
§
1048.810
lists
material
from
the
Society
of
Automotive
Engineering
that
we
have
incorporated
by
reference.
The
first
column
lists
the
number
and
name
of
the
material.
The
second
column
lists
the
sections
of
this
part
where
we
reference
it.
Anyone
may
purchase
copies
of
these
materials
from
the
Society
of
Automotive
Engineers,
400
Commonwealth
Drive,
Warrendale,
PA
15096.
Table
2
follows:

TABLE
2
OF
§
1048.810.
 
SAE
MATERIALS
Document
number
and
name
Part
1048
reference
SAE
J1930,
Electrical/
Electronic
Systems
Diagnostic
Terms,
Definitions,
Abbreviations,
and
Acronyms,
May
1998
..........................
1048.135
SAE
J2260,
Nonmetallic
Fuel
System
Tubing
with
One
or
More
Layers,
November
1996
...................................................................
1048.105
(
c)
ISO
material.
Table
3
of
§
1048.810
lists
material
from
the
International
Organization
for
Standardization
that
we
have
incorporated
by
reference.
The
first
column
lists
the
number
and
name
of
the
material.
The
second
column
lists
the
section
of
this
part
where
we
reference
it.
Anyone
may
purchase
copies
of
these
materials
from
the
International
Organization
for
Standardization,
Case
Postale
56,
CH
 
1211
Geneva
20,
Switzerland.
Table
3
follows:

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and
Regulations
TABLE
3
OF
§
1048.810.
 
ISO
MATERIALS
Document
number
and
name
Part
1048
reference
ISO
9141
 
2
Road
vehicles
 
Diagnostic
systems
 
Part
2:
CARB
requirements
for
interchange
of
digital
information,
February
1994
.....................................................................................................................................................................................................
1048.110
ISO
14230
 
4
Road
vehicles
 
Diagnostic
systems
 
Keyword
Protocol
2000
 
Part
4:
Requirements
for
emission­
related
systems,
June
2000
............................................................................................................................................................................................
1048.110
§
1048.815
How
should
I
request
EPA
to
keep
my
information
confidential?
(
a)
Clearly
show
what
you
consider
confidential
by
marking,
circling,
bracketing,
stamping,
or
some
other
method.
We
will
store
your
confidential
information
as
described
in
40
CFR
part
2.
Also,
we
will
disclose
it
only
as
specified
in
40
CFR
part
2.
(
b)
If
you
send
us
a
second
copy
without
the
confidential
information,
we
will
assume
it
contains
nothing
confidential
whenever
we
need
to
release
information
from
it.
(
c)
If
you
send
us
information
without
claiming
it
is
confidential,
we
may
make
it
available
to
the
public
without
further
notice
to
you,
as
described
in
40
CFR
2.204.

§
1048.820
How
do
I
request
a
hearing?
See
40
CFR
part
1068,
subpart
G,
for
information
related
to
hearings.

Appendix
I
to
Part
1048
 
Large
Sparkignition
(
SI)
Transient
Cycle
for
Constant­
Speed
Engines
The
following
table
shows
the
transient
duty­
cycle
for
constant­
speed
engines,
as
described
in
§
1048.510:

Time(
s)
Normalized
speed
(
percent)
Normalized
torque
(
percent)

1
....................
58
5
2
....................
58
5
3
....................
58
5
4
....................
58
5
5
....................
58
5
6
....................
58
5
7
....................
58
5
8
....................
58
5
9
....................
58
5
10
..................
58
5
11
..................
58
5
12
..................
65
8
13
..................
72
9
14
..................
79
12
15
..................
86
14
16
..................
93
16
17
..................
93
16
18
..................
93
16
19
..................
93
16
20
..................
93
16
21
..................
93
16
22
..................
93
16
23
..................
93
16
24
..................
93
31
25
..................
93
30
26
..................
93
27
Time(
s)
Normalized
speed
(
percent)
Normalized
torque
(
percent)

27
..................
93
23
28
..................
93
24
29
..................
93
21
30
..................
93
20
31
..................
93
18
32
..................
93
16
33
..................
93
18
34
..................
93
16
35
..................
93
17
36
..................
93
20
37
..................
93
20
38
..................
93
22
39
..................
93
20
40
..................
93
17
41
..................
93
17
42
..................
93
17
43
..................
93
16
44
..................
93
18
45
..................
93
18
46
..................
93
21
47
..................
93
21
48
..................
93
18
49
..................
94
24
50
..................
93
28
51
..................
93
23
52
..................
93
19
53
..................
93
20
54
..................
93
20
55
..................
93
29
56
..................
93
23
57
..................
93
25
58
..................
93
23
59
..................
93
23
60
..................
93
23
61
..................
93
22
62
..................
93
21
63
..................
93
22
64
..................
93
30
65
..................
93
33
66
..................
93
25
67
..................
93
29
68
..................
93
27
69
..................
93
23
70
..................
93
21
71
..................
93
21
72
..................
93
19
73
..................
93
20
74
..................
93
24
75
..................
93
23
76
..................
93
21
77
..................
93
44
78
..................
93
34
79
..................
93
28
80
..................
93
37
81
..................
93
29
82
..................
93
27
83
..................
93
33
84
..................
93
28
85
..................
93
22
86
..................
96
30
Time(
s)
Normalized
speed
(
percent)
Normalized
torque
(
percent)

87
..................
95
25
88
..................
95
17
89
..................
95
13
90
..................
95
10
91
..................
95
9
92
..................
95
8
93
..................
95
7
94
..................
95
7
95
..................
95
6
96
..................
95
6
97
..................
93
37
98
..................
93
35
99
..................
93
29
100
................
93
23
101
................
93
23
102
................
93
21
103
................
93
20
104
................
93
29
105
................
93
27
106
................
93
26
107
................
93
35
108
................
93
43
109
................
95
35
110
................
95
24
111
................
95
17
112
................
95
13
113
................
95
10
114
................
95
9
115
................
95
8
116
................
95
7
117
................
95
7
118
................
95
6
119
................
93
36
120
................
93
30
121
................
93
25
122
................
93
21
123
................
93
22
124
................
93
19
125
................
93
34
126
................
93
36
127
................
93
31
128
................
93
26
129
................
93
27
130
................
93
22
131
................
93
22
132
................
93
18
133
................
93
18
134
................
93
19
135
................
93
19
136
................
93
23
137
................
93
22
138
................
93
20
139
................
93
23
140
................
93
20
141
................
93
18
142
................
93
18
143
................
93
16
144
................
93
19
145
................
94
25
146
................
93
30
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and
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Time(
s)
Normalized
speed
(
percent)
Normalized
torque
(
percent)

147
................
93
29
148
................
93
23
149
................
93
24
150
................
93
22
151
................
94
20
152
................
93
17
153
................
93
16
154
................
93
16
155
................
93
15
156
................
93
17
157
................
93
18
158
................
93
20
159
................
93
21
160
................
93
18
161
................
93
17
162
................
92
54
163
................
93
38
164
................
93
29
165
................
93
24
166
................
93
24
167
................
93
24
168
................
93
23
169
................
93
20
170
................
93
20
171
................
93
18
172
................
93
19
173
................
93
19
174
................
93
16
175
................
93
16
176
................
93
16
177
................
93
18
178
................
93
21
179
................
93
20
180
................
93
20
181
................
93
17
182
................
93
19
183
................
93
17
184
................
93
18
185
................
93
16
186
................
93
16
187
................
93
16
188
................
93
17
189
................
93
16
190
................
93
17
191
................
93
18
192
................
93
17
193
................
93
16
194
................
93
17
195
................
93
17
196
................
93
22
197
................
93
19
198
................
93
19
199
................
95
21
200
................
95
16
201
................
95
12
202
................
95
10
203
................
96
8
204
................
96
7
205
................
95
7
206
................
96
7
207
................
95
6
208
................
96
6
209
................
96
6
210
................
88
6
211
................
89
48
212
................
93
34
213
................
93
27
214
................
93
26
215
................
93
25
216
................
93
22
217
................
93
23
218
................
93
21
Time(
s)
Normalized
speed
(
percent)
Normalized
torque
(
percent)

219
................
93
21
220
................
93
23
221
................
93
23
222
................
93
23
223
................
93
23
224
................
93
23
225
................
93
22
226
................
93
22
227
................
93
24
228
................
93
23
229
................
93
23
230
................
93
21
231
................
93
20
232
................
93
20
233
................
93
20
234
................
93
22
235
................
93
26
236
................
93
22
237
................
93
20
238
................
93
18
239
................
93
22
240
................
93
20
241
................
94
27
242
................
93
22
243
................
93
23
244
................
93
21
245
................
93
22
246
................
95
22
247
................
95
16
248
................
95
12
249
................
95
10
250
................
95
9
251
................
95
8
252
................
96
7
253
................
95
7
254
................
95
6
255
................
92
42
256
................
93
36
257
................
93
33
258
................
92
60
259
................
93
48
260
................
93
36
261
................
93
30
262
................
93
28
263
................
93
24
264
................
93
24
265
................
93
23
266
................
93
23
267
................
93
25
268
................
93
27
269
................
93
29
270
................
93
26
271
................
93
26
272
................
93
21
273
................
93
23
274
................
93
23
275
................
94
23
276
................
93
40
277
................
94
67
278
................
93
46
279
................
93
38
280
................
93
29
281
................
93
28
282
................
93
27
283
................
93
29
284
................
93
28
285
................
94
34
286
................
93
31
287
................
93
30
288
................
94
42
289
................
93
31
290
................
93
29
Time(
s)
Normalized
speed
(
percent)
Normalized
torque
(
percent)

291
................
93
27
292
................
93
23
293
................
93
23
294
................
93
20
295
................
93
20
296
................
93
23
297
................
93
23
298
................
93
24
299
................
93
25
300
................
93
20
301
................
93
25
302
................
93
23
303
................
93
23
304
................
93
24
305
................
93
28
306
................
93
23
307
................
93
24
308
................
93
34
309
................
93
31
310
................
93
35
311
................
93
31
312
................
93
32
313
................
93
31
314
................
93
30
315
................
93
23
316
................
93
23
317
................
93
36
318
................
93
32
319
................
93
25
320
................
93
31
321
................
93
33
322
................
93
31
323
................
93
27
324
................
93
24
325
................
93
19
326
................
96
21
327
................
96
16
328
................
95
12
329
................
95
10
330
................
95
8
331
................
95
8
332
................
95
7
333
................
95
7
334
................
95
6
335
................
95
6
336
................
95
6
337
................
87
6
338
................
57
6
339
................
58
6
340
................
58
6
341
................
58
6
342
................
58
6
343
................
58
6
344
................
58
6
345
................
58
6
346
................
58
6
347
................
58
6
348
................
58
6
349
................
58
6
350
................
58
6
351
................
58
6
352
................
95
73
353
................
93
65
354
................
93
52
355
................
93
38
356
................
93
30
357
................
93
31
358
................
93
26
359
................
93
21
360
................
93
22
361
................
93
26
362
................
93
23
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/
Vol.
67,
No.
217
/
Friday,
November
8,
2002
/
Rules
and
Regulations
Time(
s)
Normalized
speed
(
percent)
Normalized
torque
(
percent)

363
................
93
19
364
................
93
27
365
................
93
42
366
................
93
29
367
................
94
25
368
................
94
26
369
................
94
29
370
................
93
28
371
................
93
23
372
................
93
21
373
................
93
26
374
................
93
23
375
................
93
20
376
................
94
23
377
................
93
18
378
................
93
19
379
................
93
23
380
................
93
19
381
................
93
16
382
................
93
25
383
................
93
22
384
................
93
20
385
................
93
25
386
................
94
28
387
................
93
23
388
................
93
23
389
................
93
25
390
................
93
23
391
................
93
20
392
................
93
19
393
................
93
24
394
................
93
20
395
................
93
18
396
................
93
21
397
................
95
22
398
................
96
16
399
................
96
12
400
................
95
10
401
................
96
9
402
................
95
8
403
................
96
7
404
................
96
7
405
................
96
6
406
................
96
6
407
................
95
6
408
................
91
6
409
................
58
6
410
................
58
6
411
................
58
6
412
................
58
6
413
................
58
6
414
................
58
6
415
................
58
6
416
................
58
6
417
................
58
6
418
................
58
6
419
................
58
6
420
................
58
6
421
................
58
6
422
................
58
6
423
................
58
6
424
................
58
6
425
................
58
6
426
................
58
6
427
................
58
6
428
................
58
6
429
................
58
6
430
................
58
6
431
................
58
6
432
................
58
6
433
................
58
6
434
................
58
6
Time(
s)
Normalized
speed
(
percent)
Normalized
torque
(
percent)

435
................
58
6
436
................
58
6
437
................
58
6
438
................
58
6
439
................
58
6
440
................
58
6
441
................
58
6
442
................
58
6
443
................
93
66
444
................
93
48
445
................
93
40
446
................
93
34
447
................
93
28
448
................
93
23
449
................
93
28
450
................
93
27
451
................
93
23
452
................
93
19
453
................
93
25
454
................
93
24
455
................
93
22
456
................
93
31
457
................
93
36
458
................
93
28
459
................
93
25
460
................
93
35
461
................
93
34
462
................
93
29
463
................
93
37
464
................
93
36
465
................
93
38
466
................
93
31
467
................
93
29
468
................
93
34
469
................
93
36
470
................
93
34
471
................
93
31
472
................
93
26
473
................
93
21
474
................
94
16
475
................
96
19
476
................
96
15
477
................
95
11
478
................
96
10
479
................
95
8
480
................
95
7
481
................
95
7
482
................
96
7
483
................
96
6
484
................
96
6
485
................
95
6
486
................
85
6
487
................
56
74
488
................
93
52
489
................
93
42
490
................
93
36
491
................
93
35
492
................
93
33
493
................
93
38
494
................
93
40
495
................
93
29
496
................
93
23
497
................
93
23
498
................
93
24
499
................
93
24
500
................
93
20
501
................
93
19
502
................
93
16
503
................
93
21
504
................
93
23
505
................
93
24
506
................
93
22
Time(
s)
Normalized
speed
(
percent)
Normalized
torque
(
percent)

507
................
93
18
508
................
93
21
509
................
95
18
510
................
95
20
511
................
95
15
512
................
96
11
513
................
95
10
514
................
96
8
515
................
95
7
516
................
95
7
517
................
95
7
518
................
95
6
519
................
96
6
520
................
96
6
521
................
83
6
522
................
56
6
523
................
58
6
524
................
72
54
525
................
94
51
526
................
93
42
527
................
93
42
528
................
93
31
529
................
93
25
530
................
93
21
531
................
93
17
532
................
93
15
533
................
93
15
534
................
93
16
535
................
93
15
536
................
93
14
537
................
93
15
538
................
93
16
539
................
94
15
540
................
93
45
541
................
93
45
542
................
93
41
543
................
93
33
544
................
93
26
545
................
93
21
546
................
93
20
547
................
93
17
548
................
93
16
549
................
93
17
550
................
93
16
551
................
93
14
552
................
93
16
553
................
93
15
554
................
93
14
555
................
93
16
556
................
93
15
557
................
93
14
558
................
93
13
559
................
93
14
560
................
93
14
561
................
93
15
562
................
93
17
563
................
93
17
564
................
93
22
565
................
93
22
566
................
93
19
567
................
93
19
568
................
93
20
569
................
93
18
570
................
93
20
571
................
93
20
572
................
93
42
573
................
93
32
574
................
93
25
575
................
93
26
576
................
93
23
577
................
93
21
578
................
93
23
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FR\
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08NOR2.
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08NOR2
68372
Federal
Register
/
Vol.
67,
No.
217
/
Friday,
November
8,
2002
/
Rules
and
Regulations
Time(
s)
Normalized
speed
(
percent)
Normalized
torque
(
percent)

579
................
93
19
580
................
93
21
581
................
93
20
582
................
93
20
583
................
93
20
584
................
93
18
585
................
93
18
586
................
93
21
587
................
93
19
588
................
93
21
589
................
93
19
590
................
93
19
591
................
93
18
592
................
93
18
593
................
93
17
594
................
93
16
595
................
93
16
596
................
93
15
597
................
93
16
598
................
93
19
599
................
93
52
600
................
93
45
601
................
95
39
602
................
95
39
603
................
95
39
604
................
95
39
605
................
94
30
606
................
95
30
607
................
95
29
608
................
95
24
609
................
94
30
610
................
95
28
611
................
94
25
612
................
94
29
613
................
95
32
614
................
95
33
615
................
95
44
616
................
99
37
617
................
98
27
618
................
98
19
619
................
98
13
620
................
98
11
621
................
98
9
622
................
98
7
623
................
98
7
624
................
98
6
625
................
98
6
626
................
98
6
627
................
98
5
628
................
69
6
629
................
49
5
630
................
51
5
631
................
51
5
632
................
51
5
633
................
51
6
634
................
51
6
635
................
51
6
636
................
51
6
637
................
51
5
638
................
51
5
639
................
51
5
640
................
51
5
641
................
51
6
642
................
51
6
643
................
51
6
644
................
51
6
645
................
51
5
646
................
51
6
647
................
51
5
648
................
51
6
649
................
51
5
650
................
96
35
Time(
s)
Normalized
speed
(
percent)
Normalized
torque
(
percent)

651
................
95
29
652
................
95
26
653
................
95
31
654
................
95
34
655
................
95
29
656
................
95
29
657
................
95
30
658
................
95
24
659
................
95
19
660
................
95
23
661
................
95
21
662
................
95
22
663
................
95
19
664
................
95
18
665
................
95
20
666
................
94
60
667
................
95
48
668
................
95
39
669
................
95
36
670
................
95
27
671
................
95
22
672
................
95
19
673
................
95
22
674
................
95
19
675
................
94
17
676
................
95
27
677
................
95
24
678
................
98
19
679
................
98
19
680
................
98
14
681
................
98
11
682
................
98
9
683
................
98
8
684
................
98
7
685
................
98
6
686
................
98
6
687
................
98
6
688
................
98
6
689
................
98
5
690
................
81
5
691
................
49
5
692
................
78
48
693
................
95
37
694
................
95
31
695
................
94
32
696
................
94
34
697
................
95
29
698
................
95
25
699
................
94
26
700
................
95
28
701
................
95
27
702
................
94
28
703
................
95
30
704
................
95
27
705
................
95
26
706
................
95
27
707
................
95
25
708
................
95
26
709
................
95
25
710
................
95
23
711
................
95
20
712
................
95
23
713
................
95
20
714
................
95
18
715
................
94
22
716
................
95
19
717
................
95
23
718
................
95
27
719
................
95
26
720
................
95
23
721
................
95
20
722
................
99
23
Time(
s)
Normalized
speed
(
percent)
Normalized
torque
(
percent)

723
................
98
20
724
................
98
14
725
................
98
11
726
................
98
9
727
................
98
8
728
................
98
7
729
................
98
6
730
................
98
6
731
................
98
6
732
................
98
5
733
................
98
5
734
................
73
6
735
................
49
5
736
................
50
77
737
................
95
39
738
................
95
30
739
................
95
28
740
................
94
31
741
................
95
36
742
................
95
36
743
................
95
30
744
................
95
26
745
................
95
27
746
................
95
22
747
................
95
18
748
................
95
19
749
................
95
25
750
................
94
25
751
................
95
21
752
................
95
22
753
................
95
27
754
................
95
27
755
................
95
27
756
................
95
24
757
................
94
20
758
................
94
23
759
................
94
26
760
................
95
25
761
................
95
25
762
................
95
21
763
................
95
28
764
................
94
39
765
................
95
32
766
................
95
24
767
................
95
19
768
................
98
20
769
................
98
17
770
................
98
12
771
................
98
10
772
................
98
8
773
................
98
7
774
................
98
6
775
................
98
6
776
................
95
61
777
................
94
51
778
................
95
40
779
................
94
35
780
................
94
36
781
................
94
32
782
................
95
24
783
................
94
19
784
................
94
19
785
................
95
19
786
................
95
19
787
................
94
18
788
................
94
20
789
................
94
23
790
................
94
22
791
................
95
23
792
................
94
20
793
................
94
18
794
................
95
16
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E:\
FR\
FM\
08NOR2.
SGM
08NOR2
68373
Federal
Register
/
Vol.
67,
No.
217
/
Friday,
November
8,
2002
/
Rules
and
Regulations
Time(
s)
Normalized
speed
(
percent)
Normalized
torque
(
percent)

795
................
95
17
796
................
94
16
797
................
94
16
798
................
94
17
799
................
94
18
800
................
94
21
801
................
95
21
802
................
94
19
803
................
95
18
804
................
94
19
805
................
95
22
806
................
95
21
807
................
95
19
808
................
94
20
809
................
94
22
810
................
94
22
811
................
94
22
812
................
95
23
813
................
94
22
814
................
95
22
815
................
95
19
816
................
95
16
817
................
95
14
818
................
95
18
819
................
95
18
820
................
94
20
821
................
94
22
822
................
94
19
823
................
95
18
824
................
95
17
825
................
95
19
826
................
95
19
827
................
95
19
828
................
94
19
829
................
94
21
830
................
94
19
831
................
94
17
832
................
94
18
833
................
94
21
834
................
94
19
835
................
95
18
836
................
95
19
837
................
95
17
838
................
94
15
839
................
94
17
840
................
95
19
841
................
94
22
842
................
94
21
843
................
94
18
844
................
94
16
845
................
95
14
846
................
95
14
847
................
94
19
848
................
95
20
849
................
95
23
850
................
98
23
851
................
98
22
852
................
98
16
853
................
98
12
854
................
98
9
855
................
98
8
856
................
98
7
857
................
98
6
858
................
98
6
859
................
98
6
860
................
98
5
861
................
98
5
862
................
80
5
863
................
49
5
864
................
51
5
865
................
51
5
866
................
51
6
Time(
s)
Normalized
speed
(
percent)
Normalized
torque
(
percent)

867
................
51
6
868
................
51
6
869
................
51
6
870
................
51
5
871
................
51
6
872
................
51
7
873
................
96
45
874
................
94
44
875
................
94
34
876
................
94
41
877
................
95
44
878
................
94
32
879
................
95
26
880
................
94
20
881
................
95
29
882
................
95
27
883
................
95
21
884
................
95
34
885
................
95
31
886
................
94
26
887
................
95
22
888
................
95
23
889
................
95
19
890
................
94
18
891
................
94
20
892
................
94
26
893
................
95
29
894
................
94
32
895
................
95
26
896
................
95
34
897
................
95
30
898
................
95
24
899
................
95
19
900
................
94
17
901
................
94
16
902
................
98
19
903
................
98
17
904
................
98
12
905
................
98
10
906
................
98
8
907
................
98
7
908
................
98
6
909
................
98
6
910
................
98
6
911
................
98
5
912
................
98
5
913
................
98
5
914
................
69
5
915
................
49
5
916
................
51
5
917
................
51
6
918
................
51
6
919
................
69
75
920
................
95
70
921
................
95
57
922
................
94
49
923
................
94
38
924
................
95
43
925
................
94
51
926
................
94
41
927
................
98
42
928
................
95
89
929
................
95
66
930
................
94
52
931
................
95
41
932
................
95
34
933
................
95
34
934
................
94
30
935
................
94
30
936
................
95
29
937
................
94
28
938
................
95
24
Time(
s)
Normalized
speed
(
percent)
Normalized
torque
(
percent)

939
................
94
34
940
................
95
26
941
................
94
36
942
................
95
27
943
................
95
25
944
................
95
26
945
................
94
21
946
................
94
19
947
................
98
21
948
................
93
53
949
................
94
45
950
................
94
35
951
................
95
28
952
................
95
23
953
................
95
20
954
................
95
17
955
................
94
19
956
................
94
18
957
................
94
18
958
................
94
18
959
................
94
19
960
................
97
17
961
................
98
19
962
................
98
14
963
................
98
11
964
................
98
9
965
................
98
7
966
................
98
7
967
................
98
6
968
................
98
6
969
................
98
6
970
................
98
5
971
................
98
5
972
................
82
5
973
................
49
5
974
................
51
6
975
................
51
6
976
................
51
6
977
................
51
5
978
................
51
6
979
................
72
58
980
................
94
36
981
................
95
28
982
................
95
24
983
................
95
25
984
................
95
26
985
................
94
30
986
................
94
26
987
................
95
34
988
................
95
57
989
................
95
45
990
................
94
37
991
................
95
34
992
................
95
27
993
................
95
27
994
................
95
29
995
................
98
22
996
................
94
84
997
................
94
74
998
................
95
62
999
................
94
51
1000
..............
95
50
1001
..............
95
81
1002
..............
94
65
1003
..............
95
49
1004
..............
94
56
1005
..............
95
65
1006
..............
94
59
1007
..............
99
58
1008
..............
98
41
1009
..............
98
27
1010
..............
98
19
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/
Vol.
67,
No.
217
/
Friday,
November
8,
2002
/
Rules
and
Regulations
Time(
s)
Normalized
speed
(
percent)
Normalized
torque
(
percent)

1011
..............
98
13
1012
..............
98
11
1013
..............
98
9
1014
..............
98
8
1015
..............
98
7
1016
..............
98
6
1017
..............
98
6
1018
..............
98
6
1019
..............
71
6
1020
..............
49
5
1021
..............
51
6
1022
..............
51
6
1023
..............
51
6
1024
..............
51
6
1025
..............
51
6
1026
..............
51
6
1027
..............
51
6
1028
..............
51
6
1029
..............
51
6
1030
..............
51
6
1031
..............
51
5
1032
..............
51
6
1033
..............
51
5
1034
..............
51
6
1035
..............
51
6
1036
..............
51
6
1037
..............
51
5
1038
..............
51
5
1039
..............
51
6
1040
..............
51
6
1041
..............
69
59
1042
..............
94
48
1043
..............
95
34
1044
..............
95
29
1045
..............
95
26
1046
..............
94
27
1047
..............
95
31
1048
..............
95
26
1049
..............
95
34
1050
..............
95
29
1051
..............
95
31
1052
..............
95
29
1053
..............
95
35
1054
..............
95
38
1055
..............
94
41
1056
..............
95
28
1057
..............
95
36
1058
..............
94
30
1059
..............
94
26
1060
..............
94
33
1061
..............
95
34
1062
..............
95
27
1063
..............
98
26
1064
..............
98
19
1065
..............
98
13
1066
..............
98
11
1067
..............
98
9
1068
..............
98
7
1069
..............
98
7
1070
..............
98
6
1071
..............
98
6
1072
..............
98
6
1073
..............
98
5
1074
..............
89
6
1075
..............
49
5
1076
..............
51
6
1077
..............
51
6
1078
..............
51
6
1079
..............
51
6
1080
..............
51
6
1081
..............
51
6
1082
..............
51
6
Time(
s)
Normalized
speed
(
percent)
Normalized
torque
(
percent)

1083
..............
50
6
1084
..............
51
6
1085
..............
51
6
1086
..............
51
6
1087
..............
51
6
1088
..............
51
6
1089
..............
51
6
1090
..............
51
6
1091
..............
56
74
1092
..............
95
56
1093
..............
94
49
1094
..............
95
47
1095
..............
94
43
1096
..............
94
33
1097
..............
95
50
1098
..............
94
40
1099
..............
95
33
1100
..............
95
24
1101
..............
94
22
1102
..............
94
22
1103
..............
94
25
1104
..............
95
27
1105
..............
95
32
1106
..............
94
29
1107
..............
94
26
1108
..............
94
26
1109
..............
94
24
1110
..............
98
52
1111
..............
94
41
1112
..............
99
35
1113
..............
95
58
1114
..............
95
58
1115
..............
98
57
1116
..............
98
38
1117
..............
98
26
1118
..............
93
63
1119
..............
94
59
1120
..............
98
100
1121
..............
94
73
1122
..............
98
53
1123
..............
94
76
1124
..............
95
61
1125
..............
94
49
1126
..............
94
37
1127
..............
97
50
1128
..............
98
36
1129
..............
98
25
1130
..............
98
18
1131
..............
98
12
1132
..............
98
10
1133
..............
98
8
1134
..............
98
7
1135
..............
98
7
1136
..............
98
6
1137
..............
98
6
1138
..............
98
6
1139
..............
80
6
1140
..............
49
6
1141
..............
78
61
1142
..............
95
50
1143
..............
94
43
1144
..............
94
42
1145
..............
94
31
1146
..............
95
30
1147
..............
95
34
1148
..............
95
28
1149
..............
95
27
1150
..............
94
27
1151
..............
95
31
1152
..............
95
42
1153
..............
94
41
1154
..............
95
37
Time(
s)
Normalized
speed
(
percent)
Normalized
torque
(
percent)

1155
..............
95
43
1156
..............
95
34
1157
..............
95
31
1158
..............
95
27
1159
..............
95
23
1160
..............
95
27
1161
..............
96
38
1162
..............
95
40
1163
..............
95
39
1164
..............
95
26
1165
..............
95
33
1166
..............
94
28
1167
..............
94
34
1168
..............
98
73
1169
..............
95
49
1170
..............
95
51
1171
..............
94
55
1172
..............
95
48
1173
..............
95
35
1174
..............
95
39
1175
..............
95
39
1176
..............
94
41
1177
..............
95
30
1178
..............
95
23
1179
..............
94
19
1180
..............
95
25
1181
..............
94
29
1182
..............
98
27
1183
..............
95
89
1184
..............
95
74
1185
..............
94
60
1186
..............
94
48
1187
..............
94
41
1188
..............
94
29
1189
..............
94
24
1190
..............
95
19
1191
..............
94
21
1192
..............
95
29
1193
..............
95
28
1194
..............
95
27
1195
..............
94
23
1196
..............
95
25
1197
..............
95
26
1198
..............
94
22
1199
..............
95
19
1200
..............
94
17
Appendix
II
to
Part
1048
 
Large
Sparkignition
(
SI)
Composite
Transient
Cycle
The
following
table
shows
the
transient
duty­
cycle
for
engines
that
are
not
constant­
speed
engines,
as
described
in
§
1048.510:

Time(
s)
Normalized
speed
(
percent)
Normalized
torque
(
percent)

0
....................
0
0
1
....................
0
0
2
....................
0
0
3
....................
0
0
4
....................
0
0
5
....................
0
0
6
....................
0
0
7
....................
0
0
8
....................
0
0
9
....................
1
8
10
..................
6
54
11
..................
8
61
12
..................
34
59
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FR\
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08NOR2.
SGM
08NOR2
68375
Federal
Register
/
Vol.
67,
No.
217
/
Friday,
November
8,
2002
/
Rules
and
Regulations
Time(
s)
Normalized
speed
(
percent)
Normalized
torque
(
percent)

13
..................
22
46
14
..................
5
51
15
..................
18
51
16
..................
31
50
17
..................
30
56
18
..................
31
49
19
..................
25
66
20
..................
58
55
21
..................
43
31
22
..................
16
45
23
..................
24
38
24
..................
24
27
25
..................
30
33
26
..................
45
65
27
..................
50
49
28
..................
23
42
29
..................
13
42
30
..................
9
45
31
..................
23
30
32
..................
37
45
33
..................
44
50
34
..................
49
52
35
..................
55
49
36
..................
61
46
37
..................
66
38
38
..................
42
33
39
..................
17
41
40
..................
17
37
41
..................
7
50
42
..................
20
32
43
..................
5
55
44
..................
30
42
45
..................
44
53
46
..................
45
56
47
..................
41
52
48
..................
24
41
49
..................
15
40
50
..................
11
44
51
..................
32
31
52
..................
38
54
53
..................
38
47
54
..................
9
55
55
..................
10
50
56
..................
33
55
57
..................
48
56
58
..................
49
47
59
..................
33
44
60
..................
52
43
61
..................
55
43
62
..................
59
38
63
..................
44
28
64
..................
24
37
65
..................
12
44
66
..................
9
47
67
..................
12
52
68
..................
34
21
69
..................
29
44
70
..................
44
54
71
..................
54
62
72
..................
62
57
73
..................
72
56
74
..................
88
71
75
..................
100
69
76
..................
100
34
77
..................
100
42
78
..................
100
54
79
..................
100
58
80
..................
100
38
81
..................
83
17
82
..................
61
15
83
..................
43
22
84
..................
24
35
Time(
s)
Normalized
speed
(
percent)
Normalized
torque
(
percent)

85
..................
16
39
86
..................
15
45
87
..................
32
34
88
..................
14
42
89
..................
8
48
90
..................
5
51
91
..................
10
41
92
..................
12
37
93
..................
4
47
94
..................
3
49
95
..................
3
50
96
..................
4
49
97
..................
4
48
98
..................
8
43
99
..................
2
51
100
................
5
46
101
................
8
41
102
................
4
47
103
................
3
49
104
................
6
45
105
................
3
48
106
................
10
42
107
................
18
27
108
................
3
50
109
................
11
41
110
................
34
29
111
................
51
57
112
................
67
63
113
................
61
32
114
................
44
31
115
................
48
54
116
................
69
65
117
................
85
65
118
................
81
29
119
................
74
21
120
................
62
23
121
................
76
58
122
................
96
75
123
................
100
77
124
................
100
27
125
................
100
79
126
................
100
79
127
................
100
81
128
................
100
57
129
................
99
52
130
................
81
35
131
................
69
29
132
................
47
22
133
................
34
28
134
................
27
37
135
................
83
60
136
................
100
74
137
................
100
7
138
................
100
2
139
................
70
18
140
................
23
39
141
................
5
54
142
................
11
40
143
................
11
34
144
................
11
41
145
................
19
25
146
................
16
32
147
................
20
31
148
................
21
38
149
................
21
42
150
................
9
51
151
................
4
49
152
................
2
51
153
................
1
58
154
................
21
57
155
................
29
47
156
................
33
45
Time(
s)
Normalized
speed
(
percent)
Normalized
torque
(
percent)

157
................
16
49
158
................
38
45
159
................
37
43
160
................
35
42
161
................
39
43
162
................
51
49
163
................
59
55
164
................
65
54
165
................
76
62
166
................
84
59
167
................
83
29
168
................
67
35
169
................
84
54
170
................
90
58
171
................
93
43
172
................
90
29
173
................
66
19
174
................
52
16
175
................
49
17
176
................
56
38
177
................
73
71
178
................
86
80
179
................
96
75
180
................
89
27
181
................
66
17
182
................
50
18
183
................
36
25
184
................
36
24
185
................
38
40
186
................
40
50
187
................
27
48
188
................
19
48
189
................
23
50
190
................
19
45
191
................
6
51
192
................
24
48
193
................
49
67
194
................
47
49
195
................
22
44
196
................
25
40
197
................
38
54
198
................
43
55
199
................
40
52
200
................
14
49
201
................
11
45
202
................
7
48
203
................
26
41
204
................
41
59
205
................
53
60
206
................
44
54
207
................
22
40
208
................
24
41
209
................
32
53
210
................
44
74
211
................
57
25
212
................
22
49
213
................
29
45
214
................
19
37
215
................
14
43
216
................
36
40
217
................
43
63
218
................
42
49
219
................
15
50
220
................
19
44
221
................
47
59
222
................
67
80
223
................
76
74
224
................
87
66
225
................
98
61
226
................
100
38
227
................
97
27
228
................
100
53
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E:\
FR\
FM\
08NOR2.
SGM
08NOR2
68376
Federal
Register
/
Vol.
67,
No.
217
/
Friday,
November
8,
2002
/
Rules
and
Regulations
Time(
s)
Normalized
speed
(
percent)
Normalized
torque
(
percent)

229
................
100
72
230
................
100
49
231
................
100
4
232
................
100
13
233
................
87
15
234
................
53
26
235
................
33
27
236
................
39
19
237
................
51
33
238
................
67
54
239
................
83
60
240
................
95
52
241
................
100
50
242
................
100
36
243
................
100
25
244
................
85
16
245
................
62
16
246
................
40
26
247
................
56
39
248
................
81
75
249
................
98
86
250
................
100
76
251
................
100
51
252
................
100
78
253
................
100
83
254
................
100
100
255
................
100
66
256
................
100
85
257
................
100
72
258
................
100
45
259
................
98
58
260
................
60
30
261
................
43
32
262
................
71
36
263
................
44
32
264
................
24
38
265
................
42
17
266
................
22
51
267
................
13
53
268
................
23
45
269
................
29
50
270
................
28
42
271
................
21
55
272
................
34
57
273
................
44
47
274
................
19
46
275
................
13
44
276
................
25
36
277
................
43
51
278
................
55
73
279
................
68
72
280
................
76
63
281
................
80
45
282
................
83
40
283
................
78
26
284
................
60
20
285
................
47
19
286
................
52
25
287
................
36
30
288
................
40
26
289
................
45
34
290
................
47
35
291
................
42
28
292
................
46
38
293
................
48
44
294
................
68
61
295
................
70
47
296
................
48
28
297
................
42
22
298
................
31
29
299
................
22
35
300
................
28
28
Time(
s)
Normalized
speed
(
percent)
Normalized
torque
(
percent)

301
................
46
46
302
................
62
69
303
................
76
81
304
................
88
85
305
................
98
81
306
................
100
74
307
................
100
13
308
................
100
11
309
................
100
17
310
................
99
3
311
................
80
7
312
................
62
11
313
................
63
11
314
................
64
16
315
................
69
43
316
................
81
67
317
................
93
74
318
................
100
72
319
................
94
27
320
................
73
15
321
................
40
33
322
................
40
52
323
................
50
50
324
................
11
53
325
................
12
45
326
................
5
50
327
................
1
55
328
................
7
55
329
................
62
60
330
................
80
28
331
................
23
37
332
................
39
58
333
................
47
24
334
................
59
51
335
................
58
68
336
................
36
52
337
................
18
42
338
................
36
52
339
................
59
73
340
................
72
85
341
................
85
92
342
................
99
90
343
................
100
72
344
................
100
18
345
................
100
76
346
................
100
64
347
................
100
87
348
................
100
97
349
................
100
84
350
................
100
100
351
................
100
91
352
................
100
83
353
................
100
93
354
................
100
100
355
................
94
43
356
................
72
10
357
................
77
3
358
................
48
2
359
................
29
5
360
................
59
19
361
................
63
5
362
................
35
2
363
................
24
3
364
................
28
2
365
................
36
16
366
................
54
23
367
................
60
10
368
................
33
1
369
................
23
0
370
................
16
0
371
................
11
0
372
................
20
0
Time(
s)
Normalized
speed
(
percent)
Normalized
torque
(
percent)

373
................
25
2
374
................
40
3
375
................
33
4
376
................
34
5
377
................
46
7
378
................
57
10
379
................
66
11
380
................
75
14
381
................
79
11
382
................
80
16
383
................
92
21
384
................
99
16
385
................
83
2
386
................
71
2
387
................
69
4
388
................
67
4
389
................
74
16
390
................
86
25
391
................
97
28
392
................
100
15
393
................
83
2
394
................
62
4
395
................
40
6
396
................
49
10
397
................
36
5
398
................
27
4
399
................
29
3
400
................
22
2
401
................
13
3
402
................
37
36
403
................
90
26
404
................
41
2
405
................
25
2
406
................
29
2
407
................
38
7
408
................
50
13
409
................
55
10
410
................
29
3
411
................
24
7
412
................
51
16
413
................
62
15
414
................
72
35
415
................
91
74
416
................
100
73
417
................
100
8
418
................
98
11
419
................
100
59
420
................
100
98
421
................
100
99
422
................
100
75
423
................
100
95
424
................
100
100
425
................
100
97
426
................
100
90
427
................
100
86
428
................
100
82
429
................
97
43
430
................
70
16
431
................
50
20
432
................
42
33
433
................
89
64
434
................
89
77
435
................
99
95
436
................
100
41
437
................
77
12
438
................
29
37
439
................
16
41
440
................
16
38
441
................
15
36
442
................
18
44
443
................
4
55
444
................
24
26
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FR\
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08NOR2
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Register
/
Vol.
67,
No.
217
/
Friday,
November
8,
2002
/
Rules
and
Regulations
Time(
s)
Normalized
speed
(
percent)
Normalized
torque
(
percent)

445
................
26
35
446
................
15
45
447
................
21
39
448
................
29
52
449
................
26
46
450
................
27
50
451
................
13
43
452
................
25
36
453
................
37
57
454
................
29
46
455
................
17
39
456
................
13
41
457
................
19
38
458
................
28
35
459
................
8
51
460
................
14
36
461
................
17
47
462
................
34
39
463
................
34
57
464
................
11
70
465
................
13
51
466
................
13
68
467
................
38
44
468
................
53
67
469
................
29
69
470
................
19
65
471
................
52
45
472
................
61
79
473
................
29
70
474
................
15
53
475
................
15
60
476
................
52
40
477
................
50
61
478
................
13
74
479
................
46
51
480
................
60
73
481
................
33
84
482
................
31
63
483
................
41
42
484
................
26
69
485
................
23
65
486
................
48
49
487
................
28
57
488
................
16
67
489
................
39
48
490
................
47
73
491
................
35
87
492
................
26
73
493
................
30
61
494
................
34
49
495
................
35
66
496
................
56
47
497
................
49
64
498
................
59
64
499
................
42
69
500
................
6
77
501
................
5
59
502
................
17
59
503
................
45
53
504
................
21
62
505
................
31
60
506
................
53
68
507
................
48
79
508
................
45
61
509
................
51
47
510
................
41
48
511
................
26
58
512
................
21
62
513
................
50
52
514
................
39
65
515
................
23
65
516
................
42
62
Time(
s)
Normalized
speed
(
percent)
Normalized
torque
(
percent)

517
................
57
80
518
................
66
81
519
................
64
62
520
................
45
42
521
................
33
42
522
................
27
57
523
................
31
59
524
................
41
53
525
................
45
72
526
................
48
73
527
................
46
90
528
................
56
76
529
................
64
76
530
................
69
64
531
................
72
59
532
................
73
58
533
................
71
56
534
................
66
48
535
................
61
50
536
................
55
56
537
................
52
52
538
................
54
49
539
................
61
50
540
................
64
54
541
................
67
54
542
................
68
52
543
................
60
53
544
................
52
50
545
................
45
49
546
................
38
45
547
................
32
45
548
................
26
53
549
................
23
56
550
................
30
49
551
................
33
55
552
................
35
59
553
................
33
65
554
................
30
67
555
................
28
59
556
................
25
58
557
................
23
56
558
................
22
57
559
................
19
63
560
................
14
63
561
................
31
61
562
................
35
62
563
................
21
80
564
................
28
65
565
................
7
74
566
................
23
54
567
................
38
54
568
................
14
78
569
................
38
58
570
................
52
75
571
................
59
81
572
................
66
69
573
................
54
44
574
................
48
34
575
................
44
33
576
................
40
40
577
................
28
58
578
................
27
63
579
................
35
45
580
................
20
66
581
................
15
60
582
................
10
52
583
................
22
56
584
................
30
62
585
................
21
67
586
................
29
53
587
................
41
56
588
................
15
67
Time(
s)
Normalized
speed
(
percent)
Normalized
torque
(
percent)

589
................
24
56
590
................
42
69
591
................
39
83
592
................
40
73
593
................
35
67
594
................
32
61
595
................
30
65
596
................
30
72
597
................
48
51
598
................
66
58
599
................
62
71
600
................
36
63
601
................
17
59
602
................
16
50
603
................
16
62
604
................
34
48
605
................
51
66
606
................
35
74
607
................
15
56
608
................
19
54
609
................
43
65
610
................
52
80
611
................
52
83
612
................
49
57
613
................
48
46
614
................
37
36
615
................
25
44
616
................
14
53
617
................
13
64
618
................
23
56
619
................
21
63
620
................
18
67
621
................
20
54
622
................
16
67
623
................
26
56
624
................
41
65
625
................
28
62
626
................
19
60
627
................
33
56
628
................
37
70
629
................
24
79
630
................
28
57
631
................
40
57
632
................
40
58
633
................
28
44
634
................
25
41
635
................
29
53
636
................
31
55
637
................
26
64
638
................
20
50
639
................
16
53
640
................
11
54
641
................
13
53
642
................
23
50
643
................
32
59
644
................
36
63
645
................
33
59
646
................
24
52
647
................
20
52
648
................
22
55
649
................
30
53
650
................
37
59
651
................
41
58
652
................
36
54
653
................
29
49
654
................
24
53
655
................
14
57
656
................
10
54
657
................
9
55
658
................
10
57
659
................
13
55
660
................
15
64
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07,
2002
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E:\
FR\
FM\
08NOR2.
SGM
08NOR2
68378
Federal
Register
/
Vol.
67,
No.
217
/
Friday,
November
8,
2002
/
Rules
and
Regulations
Time(
s)
Normalized
speed
(
percent)
Normalized
torque
(
percent)

661
................
31
57
662
................
19
69
663
................
14
59
664
................
33
57
665
................
41
65
666
................
39
64
667
................
39
59
668
................
39
51
669
................
28
41
670
................
19
49
671
................
27
54
672
................
37
63
673
................
32
74
674
................
16
70
675
................
12
67
676
................
13
60
677
................
17
56
678
................
15
62
679
................
25
47
680
................
27
64
681
................
14
71
682
................
5
65
683
................
6
57
684
................
6
57
685
................
15
52
686
................
22
61
687
................
14
77
688
................
12
67
689
................
12
62
690
................
14
59
691
................
15
58
692
................
18
55
693
................
22
53
694
................
19
69
695
................
14
67
696
................
9
63
697
................
8
56
698
................
17
49
699
................
25
55
700
................
14
70
701
................
12
60
702
................
22
57
703
................
27
67
704
................
29
68
705
................
34
62
706
................
35
61
707
................
28
78
708
................
11
71
709
................
4
58
710
................
5
58
711
................
10
56
712
................
20
63
713
................
13
76
714
................
11
65
715
................
9
60
716
................
7
55
717
................
8
53
718
................
10
60
719
................
28
53
720
................
12
73
721
................
4
64
722
................
4
61
723
................
4
61
724
................
10
56
725
................
8
61
726
................
20
56
727
................
32
62
728
................
33
66
729
................
34
73
730
................
31
61
731
................
33
55
732
................
33
60
Time(
s)
Normalized
speed
(
percent)
Normalized
torque
(
percent)

733
................
31
59
734
................
29
58
735
................
31
53
736
................
33
51
737
................
33
48
738
................
27
44
739
................
21
52
740
................
13
57
741
................
12
56
742
................
10
64
743
................
22
47
744
................
15
74
745
................
8
66
746
................
34
47
747
................
18
71
748
................
9
57
749
................
11
55
750
................
12
57
751
................
10
61
752
................
16
53
753
................
12
75
754
................
6
70
755
................
12
55
756
................
24
50
757
................
28
60
758
................
28
64
759
................
23
60
760
................
20
56
761
................
26
50
762
................
28
55
763
................
18
56
764
................
15
52
765
................
11
59
766
................
16
59
767
................
34
54
768
................
16
82
769
................
15
64
770
................
36
53
771
................
45
64
772
................
41
59
773
................
34
50
774
................
27
45
775
................
22
52
776
................
18
55
777
................
26
54
778
................
39
62
779
................
37
71
780
................
32
58
781
................
24
48
782
................
14
59
783
................
7
59
784
................
7
55
785
................
18
49
786
................
40
62
787
................
44
73
788
................
41
68
789
................
35
48
790
................
29
54
791
................
22
69
792
................
46
53
793
................
59
71
794
................
69
68
795
................
75
47
796
................
62
32
797
................
48
35
798
................
27
59
799
................
13
58
800
................
14
54
801
................
21
53
802
................
23
56
803
................
23
57
804
................
23
65
Time(
s)
Normalized
speed
(
percent)
Normalized
torque
(
percent)

805
................
13
65
806
................
9
64
807
................
27
56
808
................
26
78
809
................
40
61
810
................
35
76
811
................
28
66
812
................
23
57
813
................
16
50
814
................
11
53
815
................
9
57
816
................
9
62
817
................
27
57
818
................
42
69
819
................
47
75
820
................
53
67
821
................
61
62
822
................
63
53
823
................
60
54
824
................
56
44
825
................
49
39
826
................
39
35
827
................
30
34
828
................
33
46
829
................
44
56
830
................
50
56
831
................
44
52
832
................
38
46
833
................
33
44
834
................
29
45
835
................
24
46
836
................
18
52
837
................
9
55
838
................
10
54
839
................
20
53
840
................
27
58
841
................
29
59
842
................
30
62
843
................
30
65
844
................
27
66
845
................
32
58
846
................
40
56
847
................
41
57
848
................
18
73
849
................
15
55
850
................
18
50
851
................
17
52
852
................
20
49
853
................
16
62
854
................
4
67
855
................
2
64
856
................
7
54
857
................
10
50
858
................
9
57
859
................
5
62
860
................
12
51
861
................
14
65
862
................
9
64
863
................
31
50
864
................
30
78
865
................
21
65
866
................
14
51
867
................
10
55
868
................
6
59
869
................
7
59
870
................
19
54
871
................
23
61
872
................
24
62
873
................
34
61
874
................
51
67
875
................
60
66
876
................
58
55
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/
Rules
and
Regulations
Time(
s)
Normalized
speed
(
percent)
Normalized
torque
(
percent)

877
................
60
52
878
................
64
55
879
................
68
51
880
................
63
54
881
................
64
50
882
................
68
58
883
................
73
47
884
................
63
40
885
................
50
38
886
................
29
61
887
................
14
61
888
................
14
53
889
................
42
6
890
................
58
6
891
................
58
6
892
................
77
39
893
................
93
56
894
................
93
44
895
................
93
37
896
................
93
31
897
................
93
25
898
................
93
26
899
................
93
27
900
................
93
25
901
................
93
21
902
................
93
22
903
................
93
24
904
................
93
23
905
................
93
27
906
................
93
34
907
................
93
32
908
................
93
26
909
................
93
31
910
................
93
34
911
................
93
31
912
................
93
33
913
................
93
36
914
................
93
37
915
................
93
34
916
................
93
30
917
................
93
32
918
................
93
35
919
................
93
35
920
................
93
32
921
................
93
28
922
................
93
23
923
................
94
18
924
................
95
18
925
................
96
17
926
................
95
13
927
................
96
10
928
................
95
9
929
................
95
7
930
................
95
7
931
................
96
7
932
................
96
6
933
................
96
6
934
................
95
6
935
................
90
6
936
................
69
43
937
................
76
62
938
................
93
47
939
................
93
39
940
................
93
35
941
................
93
34
942
................
93
36
943
................
93
39
944
................
93
34
945
................
93
26
946
................
93
23
947
................
93
24
948
................
93
24
Time(
s)
Normalized
speed
(
percent)
Normalized
torque
(
percent)

949
................
93
22
950
................
93
19
951
................
93
17
952
................
93
19
953
................
93
22
954
................
93
24
955
................
93
23
956
................
93
20
957
................
93
20
958
................
94
19
959
................
95
19
960
................
95
17
961
................
96
13
962
................
95
10
963
................
96
9
964
................
95
7
965
................
95
7
966
................
95
7
967
................
95
6
968
................
96
6
969
................
96
6
970
................
89
6
971
................
68
6
972
................
57
6
973
................
66
32
974
................
84
52
975
................
93
46
976
................
93
42
977
................
93
36
978
................
93
28
979
................
93
23
980
................
93
19
981
................
93
16
982
................
93
15
983
................
93
16
984
................
93
15
985
................
93
14
986
................
93
15
987
................
93
16
988
................
94
15
989
................
93
32
990
................
93
45
991
................
93
43
992
................
93
37
993
................
93
29
994
................
93
23
995
................
93
20
996
................
93
18
997
................
93
16
998
................
93
17
999
................
93
16
1000
..............
93
15
1001
..............
93
15
1002
..............
93
15
1003
..............
93
14
1004
..............
93
15
1005
..............
93
15
1006
..............
93
14
1007
..............
93
13
1008
..............
93
14
1009
..............
93
14
1010
..............
93
15
1011
..............
93
16
1012
..............
93
17
1013
..............
93
20
1014
..............
93
22
1015
..............
93
20
1016
..............
93
19
1017
..............
93
20
1018
..............
93
19
1019
..............
93
19
1020
..............
93
20
Time(
s)
Normalized
speed
(
percent)
Normalized
torque
(
percent)

1021
..............
93
32
1022
..............
93
37
1023
..............
93
28
1024
..............
93
26
1025
..............
93
24
1026
..............
93
22
1027
..............
93
22
1028
..............
93
21
1029
..............
93
20
1030
..............
93
20
1031
..............
93
20
1032
..............
93
20
1033
..............
93
19
1034
..............
93
18
1035
..............
93
20
1036
..............
93
20
1037
..............
93
20
1038
..............
93
20
1039
..............
93
19
1040
..............
93
18
1041
..............
93
18
1042
..............
93
17
1043
..............
93
16
1044
..............
93
16
1045
..............
93
15
1046
..............
93
16
1047
..............
93
18
1048
..............
93
37
1049
..............
93
48
1050
..............
93
38
1051
..............
93
31
1052
..............
93
26
1053
..............
93
21
1054
..............
93
18
1055
..............
93
16
1056
..............
93
17
1057
..............
93
18
1058
..............
93
19
1059
..............
93
21
1060
..............
93
20
1061
..............
93
18
1062
..............
93
17
1063
..............
93
17
1064
..............
93
18
1065
..............
93
18
1066
..............
93
18
1067
..............
93
19
1068
..............
93
18
1069
..............
93
18
1070
..............
93
20
1071
..............
93
23
1072
..............
93
25
1073
..............
93
25
1074
..............
93
24
1075
..............
93
24
1076
..............
93
22
1077
..............
93
22
1078
..............
93
22
1079
..............
93
19
1080
..............
93
16
1081
..............
95
17
1082
..............
95
37
1083
..............
93
43
1084
..............
93
32
1085
..............
93
27
1086
..............
93
26
1087
..............
93
24
1088
..............
93
22
1089
..............
93
22
1090
..............
93
22
1091
..............
93
23
1092
..............
93
22
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Vol.
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/
Friday,
November
8,
2002
/
Rules
and
Regulations
Time(
s)
Normalized
speed
(
percent)
Normalized
torque
(
percent)

1093
..............
93
22
1094
..............
93
23
1095
..............
93
23
1096
..............
93
23
1097
..............
93
22
1098
..............
93
23
1099
..............
93
23
1100
..............
93
23
1101
..............
93
25
1102
..............
93
27
1103
..............
93
26
1104
..............
93
25
1105
..............
93
27
1106
..............
93
27
1107
..............
93
27
1108
..............
93
24
1109
..............
93
20
1110
..............
93
18
1111
..............
93
17
1112
..............
93
17
1113
..............
93
18
1114
..............
93
18
1115
..............
93
18
1116
..............
93
19
1117
..............
93
22
1118
..............
93
22
1119
..............
93
19
1120
..............
93
17
1121
..............
93
17
1122
..............
93
18
1123
..............
93
18
1124
..............
93
19
1125
..............
93
19
1126
..............
93
20
1127
..............
93
19
1128
..............
93
20
1129
..............
93
25
1130
..............
93
30
1131
..............
93
31
1132
..............
93
26
1133
..............
93
21
1134
..............
93
18
1135
..............
93
20
1136
..............
93
25
1137
..............
93
24
1138
..............
93
21
1139
..............
93
21
1140
..............
93
22
1141
..............
93
22
1142
..............
93
28
1143
..............
93
29
1144
..............
93
23
1145
..............
93
21
1146
..............
93
18
1147
..............
93
16
1148
..............
93
16
1149
..............
93
16
1150
..............
93
17
1151
..............
93
17
1152
..............
93
17
1153
..............
93
17
1154
..............
93
23
1155
..............
93
26
1156
..............
93
22
1157
..............
93
18
1158
..............
93
16
1159
..............
93
16
1160
..............
93
17
1161
..............
93
19
1162
..............
93
18
1163
..............
93
16
1164
..............
93
19
Time(
s)
Normalized
speed
(
percent)
Normalized
torque
(
percent)

1165
..............
93
22
1166
..............
93
25
1167
..............
93
29
1168
..............
93
27
1169
..............
93
22
1170
..............
93
18
1171
..............
93
16
1172
..............
93
19
1173
..............
93
19
1174
..............
93
17
1175
..............
93
17
1176
..............
93
17
1177
..............
93
16
1178
..............
93
16
1179
..............
93
15
1180
..............
93
16
1181
..............
93
15
1182
..............
93
17
1183
..............
93
21
1184
..............
93
30
1185
..............
93
53
1186
..............
93
54
1187
..............
93
38
1188
..............
93
30
1189
..............
93
24
1190
..............
93
20
1191
..............
95
20
1192
..............
96
18
1193
..............
96
15
1194
..............
96
11
1195
..............
95
9
1196
..............
95
8
1197
..............
96
7
1198
..............
94
33
1199
..............
93
46
1200
..............
93
37
1201
..............
16
8
1202
..............
0
0
1203
..............
0
0
1204
..............
0
0
1205
..............
0
0
1206
..............
0
0
1207
..............
0
0
1208
..............
0
0
1209
..............
0
0
PART
1051
 
CONTROL
OF
EMISSIONS
FROM
RECREATIONAL
ENGINES
AND
VEHICLES
Subpart
A
 
Determining
How
To
Follow
This
Part
Sec.
1051.1
Does
this
part
apply
to
me?
1051.5
Which
engines
are
excluded
or
exempted
from
this
part's
requirements?
1051.10
What
main
steps
must
I
take
to
comply
with
this
part?
1051.15
Do
any
other
regulation
parts
affect
me?
1051.20
May
I
certify
a
recreational
engine
instead
of
the
vehicle?
1051.25
What
requirements
apply
when
installing
certified
engines
in
recreational
vehicles?

Subpart
B
 
Emission
Standards
and
Related
Requirements
1051.101
What
emission
standards
and
other
requirements
must
my
vehicles
meet?
1051.103
What
are
the
exhaust
emission
standards
for
snowmobiles?
1051.105
What
are
the
exhaust
emission
standards
for
off­
highway
motorcycles?
1051.107
What
are
the
exhaust
emission
standards
for
all­
terrain
vehicles
(
ATVs)
and
offroad
utility
vehicles?
1051.110
What
evaporative
emission
standards
must
my
vehicles
meet?
1051.115
What
other
requirements
must
my
vehicles
meet?
1051.120
What
warranty
requirements
apply
to
me?
1051.125
What
maintenance
instructions
must
I
give
to
buyers?
1051.130
What
installation
instructions
must
I
give
to
vehicle
manufacturers?
1051.135
How
must
I
label
and
identify
the
vehicles
I
produce?
1051.145
What
provisions
apply
only
for
a
limited
time?

Subpart
C
 
Certifying
Engine
Families
1051.201
What
are
the
general
requirements
for
submitting
a
certification
application?
1051.205
What
must
I
include
in
my
application?
1051.210
May
I
get
preliminary
approval
before
I
complete
my
application?
1051.215
What
happens
after
I
complete
my
application?
1051.220
How
do
I
amend
the
maintenance
instructions
in
my
application?
1051.225
How
do
I
amend
my
application
to
include
new
or
modified
vehicles
or
to
change
an
FEL?
1051.230
How
do
I
select
engine
families?
1051.235
What
emission
testing
must
I
perform
for
my
application
for
a
certificate
of
conformity?
1051.240
How
do
I
demonstrate
that
my
engine
family
complies
with
exhaust
emission
standards?
1051.245
How
do
I
demonstrate
that
my
engine
family
complies
with
evaporative
emission
standards?
1051.250
What
records
must
I
keep
and
make
available
to
EPA?
1051.255
When
may
EPA
deny,
revoke,
or
void
my
certificate
of
conformity?

Subpart
D
 
Testing
Production­
Line
Engines
1051.301
When
must
I
test
my
productionline
vehicles
or
engines?
1051.305
How
must
I
prepare
and
test
my
production­
line
vehicles
or
engines?
1051.310
How
must
I
select
vehicles
or
engines
for
production­
line
testing?
1051.315
How
do
I
know
when
my
engine
family
fails
the
production­
line
testing
requirements?
1051.320
What
happens
if
one
of
my
production­
line
vehicles
or
engines
fails
to
meet
emission
standards?
1051.325
What
happens
if
an
engine
family
fails
the
production­
line
requirements?
1051.330
May
I
sell
vehicles
from
an
engine
family
with
a
suspended
certificate
of
conformity?
1051.335
How
do
I
ask
EPA
to
reinstate
my
suspended
certificate?
1051.340
When
may
EPA
revoke
my
certificate
under
this
subpart
and
how
may
I
sell
these
vehicles
again?

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/
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November
8,
2002
/
Rules
and
Regulations
1051.345
What
production­
line
testing
records
must
I
send
to
EPA?
1051.350
What
records
must
I
keep?

Subpart
E
 
Testing
In­
Use
Engines
[
Reserved]

Subpart
F
 
Test
Procedures
1051.501
What
procedures
must
I
use
to
test
my
vehicles
or
engines?
1051.505
What
special
provisions
apply
for
testing
snowmobiles?
1051.510
What
special
provisions
apply
for
testing
ATV
engines?
[
Reserved]
1051.515
How
do
I
test
my
fuel
tank
for
permeation
emissions?
1051.520
How
do
I
perform
exhaust
durability
testing?

Subpart
G
 
Compliance
Provisions
1051.601
What
compliance
provisions
apply
to
vehicles
and
engines
subject
to
this
part?
1051.605
What
are
the
provisions
for
exempting
vehicles
from
the
requirements
of
this
part
if
they
use
engines
you
have
certified
under
the
motor­
vehicle
program
or
the
Large
Spark­
ignition
program?
1051.610
What
are
the
provisions
for
producing
recreational
vehicles
with
engines
already
certified
under
the
motor­
vehicle
program
or
the
Large
SI
program?
1051.615
What
are
the
special
provisions
for
certifying
small
recreational
engines?
1051.620
When
may
a
manufacturer
obtain
an
exemption
for
competition
recreational
vehicles?
1051.625
What
special
provisions
apply
to
unique
snowmobile
designs
for
smallvolume
manufacturers?
1051.630
What
special
provisions
apply
to
unique
snowmobile
designs
for
all
manufacturers?
1051.635
What
provisions
apply
to
new
manufacturers
that
are
small
businesses?

Subpart
H
 
Averaging,
Banking,
and
Trading
for
Certification
1051.701
General
provisions.
1051.705
How
do
I
average
emission
levels?
1051.710
How
do
I
generate
and
bank
emission
credits?
1051.715
How
do
I
trade
emission
credits?
1051.720
How
do
I
calculate
my
average
emission
level
or
emission
credits?
1051.725
What
information
must
I
keep?
1051.730
What
information
must
I
report?
1051.735
Are
there
special
averaging
provisions
for
snowmobiles?

Subpart
I
 
Definitions
and
Other
Reference
Information
1051.801
What
definitions
apply
to
this
part?
1051.805
What
symbols,
acronyms,
and
abbreviations
does
this
part
use?
1051.810
What
materials
does
this
part
reference?
1051.815
How
should
I
request
EPA
to
keep
my
information
confidential?
1051.820
How
do
I
request
a
hearing?

Authority:
42
U.
S.
C.
7401
 
7671(
q).
Subpart
A
 
Determining
How
to
Follow
This
Part
§
1051.1
Does
this
part
apply
to
me?

(
a)
This
part
applies
to
you
if
you
manufacture
or
import
any
of
the
following
recreational
vehicles
or
engines
used
in
them,
unless
we
exclude
them
under
§
1051.5:
(
1)
Snowmobiles.
(
2)
Off­
highway
motorcycles.
(
3)
All­
terrain
vehicles
(
ATVs).
(
4)
Offroad
utility
vehicles
with
engines
with
displacement
less
than
or
equal
to
1000
cc,
maximum
brake
power
less
than
or
equal
to
30
kW,
and
maximum
vehicle
speed
of
25
miles
per
hour
or
higher.
Offroad
utility
vehicles
that
are
subject
to
this
part
are
subject
to
the
same
requirements
as
ATVs.
This
means
that
any
requirement
that
applies
to
ATVs
also
applies
to
these
offroad
utility
vehicles,
without
regard
to
whether
the
regulatory
language
mentions
offroad
utility
vehicles.
(
b)
[
Reserved]
(
c)
As
noted
in
subpart
G
of
this
part,
40
CFR
part
1068
applies
to
everyone,
including
anyone
who
manufactures,
installs,
owns,
operates,
or
rebuilds
any
of
the
vehicles
or
engines
this
part
covers.
(
d)
You
need
not
follow
this
part
for
vehicles
you
produce
before
the
2006
model
year,
unless
you
certify
voluntarily.
See
§
§
1051.103
through
1051.110,
§
1051.145,
and
the
definition
of
``
model
year''
in
§
1051.801
for
more
information
about
the
timing
of
the
requirements.
(
e)
The
requirements
of
this
part
begin
to
apply
when
a
vehicle
is
new.
See
the
definition
of
``
new''
in
§
1051.801
for
more
information.
In
some
cases,
vehicles
or
engines
that
have
been
previously
used
may
be
considered
``
new''
for
the
purposes
of
this
part.
(
f)
See
§
§
1051.801
and
1051.805
for
definitions
and
acronyms
that
apply
to
this
part.
The
definition
section
contains
significant
regulatory
provisions
and
it
is
very
important
that
you
read
them.

§
1051.5
Which
engines
are
excluded
or
exempted
from
this
part's
requirements?

(
a)
You
may
exclude
vehicles
with
compression­
ignition
engines.
See
40
CFR
part
89
for
regulations
that
cover
these
engines.
(
b)
See
subpart
G
of
this
part
and
40
CFR
part
1068,
subpart
C,
for
exemptions
of
specific
engines.
(
c)
We
may
require
you
to
label
an
engine
or
vehicle
(
or
both)
if
this
section
excludes
it
and
other
requirements
in
this
chapter
do
not
apply.
(
d)
Send
the
Designated
Officer
a
written
request
with
supporting
documentation
if
you
want
us
to
determine
whether
this
part
covers
or
excludes
certain
vehicles.
Excluding
engines
from
this
part's
requirements
does
not
affect
other
requirements
that
may
apply
to
them.

§
1051.10
What
main
steps
must
I
take
to
comply
with
this
part?

(
a)
You
must
get
a
certificate
of
conformity
from
us
for
each
engine
family
before
you
do
any
of
the
following
things
with
a
new
vehicle
or
new
engine
covered
by
this
part:
sell,
offer
for
sale,
introduce
into
commerce,
distribute
or
deliver
for
introduction
into
commerce,
or
import
it
into
the
United
States.
``
New''
vehicles
or
engines
may
include
some
already
placed
in
service
(
see
the
definition
of
``
new''
in
§
1051.801).
You
must
get
a
new
certificate
of
conformity
for
each
new
model
year.
(
b)
To
get
a
certificate
of
conformity
and
comply
with
its
terms,
you
must
do
five
things:
(
1)
Meet
the
emission
standards
and
other
requirements
in
subpart
B
of
this
part.
(
2)
Perform
preproduction
emission
tests.
(
3)
Apply
for
certification
(
see
subpart
C
of
this
part).
(
4)
Do
routine
emission
testing
on
production
vehicles
or
engines
as
required
by
subpart
D
of
this
part.
(
5)
Follow
our
instructions
throughout
this
part.
(
c)
Subpart
F
of
this
part
describes
how
to
test
your
engines
or
vehicles
(
including
references
to
other
parts)
and
when
you
may
test
the
engine
alone
instead
of
the
entire
vehicle.
(
d)
Subpart
G
of
this
part
and
40
CFR
part
1068
describe
requirements
and
prohibitions
that
apply
to
manufacturers,
owners,
operators,
rebuilders,
and
all
others.
They
also
describe
exemptions
available
for
special
circumstances.

§
1051.15
Do
any
other
regulation
parts
affect
me?

(
a)
Parts
86
and
1065
of
this
chapter
describe
procedures
and
equipment
specifications
for
testing
vehicles
and
engines.
Subpart
F
of
this
part
describes
how
to
apply
part
86
or
1065
of
this
chapter
to
show
you
meet
the
emission
standards
in
this
part.
(
b)
Part
1068
of
this
chapter
describes
general
provisions,
including
these
seven
areas:
(
1)
Prohibited
actions
and
penalties
for
manufacturers
and
others.
(
2)
Rebuilding
and
other
aftermarket
changes.
(
3)
Exemptions
and
exclusions
for
certain
vehicles
and
engines.

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/
Rules
and
Regulations
(
4)
Importing
vehicles
and
engines.
(
5)
Selective
enforcement
audits
of
your
production.
(
6)
Defect
reporting
and
recall.
(
7)
Procedures
for
hearings.
(
c)
Other
parts
of
this
chapter
affect
you
if
referenced
in
this
part.

§
1051.20
May
I
certify
a
recreational
engine
instead
of
the
vehicle?
(
a)
You
may
certify
engines
sold
separately
from
vehicles
in
either
of
two
cases:
(
1)
If
you
manufacture
recreational
engines
but
not
recreational
vehicles,
you
may
ask
to
certify
the
engine
alone.
In
your
request,
explain
why
you
cannot
certify
the
entire
vehicle.
(
2)
If
you
manufacture
complete
recreational
vehicles
containing
engines
you
also
sell
separately,
you
may
ask
to
certify
all
these
engines
in
a
single
engine
family
or
in
separate
engine
families.
(
b)
If
you
certify
an
engine
under
this
section,
you
must
use
the
test
procedures
in
subpart
F
of
this
part.
If
the
test
procedures
require
vehicle
testing,
use
good
engineering
judgment
to
install
the
engine
in
an
appropriate
vehicle
for
measuring
emissions.
(
c)
If
we
allow
you
to
certify
recreational
engines,
the
vehicles
must
meet
the
applicable
emission
standards
(
including
evaporative
emission
standards)
with
the
engines
installed
in
the
appropriate
vehicles.
You
must
prepare
installation
instructions
as
described
in
§
1051.130
and
use
good
engineering
judgment
so
that
the
engines
will
meet
emission
standards
after
proper
installation
in
the
vehicle.
(
d)
Identify
and
label
engines
you
produce
under
this
section
consistent
with
the
requirements
of
§
1051.135.
On
the
emission
control
information
label,
identify
the
manufacturing
date
of
the
engine
rather
than
the
vehicle.
(
e)
You
may
not
use
the
provisions
of
this
section
to
circumvent
or
reduce
the
stringency
of
this
part's
standards
or
other
requirements.
(
f)
If
you
certify
under
paragraph
(
a)(
1)
of
this
section,
you
may
ask
us
to
allow
you
to
perform
production­
line
testing
on
the
engine.
If
you
certify
under
paragraph
(
a)(
2)
of
this
section,
use
good
engineering
judgment
to
ensure
that
these
engines
are
produced
in
the
same
manner
as
the
engines
you
produce
for
your
vehicles,
so
that
your
production­
line
testing
results
under
subpart
D
of
this
part
would
apply
to
them.

§
1051.25
What
requirements
apply
when
installing
certified
engines
in
recreational
vehicles?

(
a)
If
you
manufacture
recreational
vehicles
with
engines
certified
under
§
1051.20,
you
need
not
also
certify
the
vehicle
under
this
part.
The
vehicle
must
nevertheless
meet
emission
standards
with
the
engine
installed.
(
b)
You
must
follow
the
engine
manufacturer's
emission­
related
installation
instructions,
as
described
in
§
1051.135
and
40
CFR
1068.105.
For
example,
you
must
use
a
fuel
system
that
meets
the
permeation
requirements
of
this
part,
consistent
with
the
engine
manufacturer's
instructions.
(
c)
If
you
install
the
engine
in
a
way
that
makes
the
engine's
emission
control
information
label
hard
to
read
during
normal
engine
maintenance,
you
must
place
a
duplicate
label
on
the
vehicle,
as
described
in
40
CFR
1068.105.

Subpart
B
 
Emission
Standards
and
Related
Requirements
§
1051.101
What
emission
standards
and
other
requirements
must
my
vehicles
meet?

(
a)
You
must
show
that
your
vehicles
meet
the
following:
(
1)
The
applicable
exhaust
emission
standards
in
§
1051.103,
§
1051.105,
or
§
1051.107.
(
i)
For
snowmobiles,
see
§
1051.103.
(
ii)
For
off­
highway
motorcycles,
see
§
1051.105.
(
iii)
For
all­
terrain
vehicles
and
offroad
utility
vehicles
subject
to
this
part,
see
§
1051.107.
(
2)
The
evaporative
emission
standards
in
§
1051.110.
(
3)
All
the
requirements
in
§
1051.115.
(
b)
The
certification
regulations
in
subpart
C
of
this
part
describe
how
you
make
this
showing.
(
c)
These
standards
and
requirements
apply
to
all
testing,
including
production­
line
and
in­
use
testing,
as
described
in
subparts
D
and
E
of
this
part.
(
d)
Other
sections
in
this
subpart
describe
other
requirements
for
manufacturers
such
as
labeling
or
warranty
requirements.
(
e)
It
is
important
that
you
read
§
1051.145
to
determine
if
there
are
other
interim
requirements
or
interim
compliance
options
that
apply
for
a
limited
time.
(
f)
As
is
described
in
§
1051.1(
a)(
4),
offroad
utility
vehicles
that
are
subject
to
this
part
are
subject
to
the
same
requirements
as
ATVs.

§
1051.103
What
are
the
exhaust
emission
standards
for
snowmobiles?

(
a)
Apply
the
exhaust
emission
standards
in
this
section
by
model
year.
Measure
emissions
with
the
snowmobile
test
procedures
in
subpart
F
of
this
part.
(
1)
Follow
Table
1
of
this
section
for
exhaust
emission
standards.
You
may
use
the
averaging,
banking,
and
trading
provisions
of
subpart
H
of
this
part
to
show
compliance
with
these
standards
(
an
engine
family
meets
emission
standards
even
if
its
family
emission
limit
is
higher
than
the
standard,
as
long
as
you
show
that
the
whole
averaging
set
of
applicable
engine
families
meet
the
applicable
emission
standards
using
emission
credits,
and
the
vehicles
within
the
family
meet
the
family
emission
limit).
Table
1
also
shows
the
maximum
value
you
may
specify
for
a
family
emission
limit,
as
follows:

TABLE
1
OF
§
1051.103.
 
EXHAUST
EMISSION
STANDARDS
FOR
SNOWMOBILES
(
G/
KW
 
HR)

Phase
Model
year
Phase­
in
(
percent)
Emission
standards
Maximum
allowable
family
emission
limits
HC
HC+
NOX
CO
HC
HC+
NOX
CO
Phase
1
...............
2006
....................
50
100
....................
275
....................
....................
........................

Phase
1
...............
2007
 
2009
..........
100
100
....................
275
....................
....................
........................

Phase
2
...............
2010
and
2011
...
100
75
....................
275
....................
....................
........................

Phase
3
...............
2012
and
later
....
100
75
(
1)
(
1)
150
165
400
1
See
§
1051.103(
a)(
2).

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2002
/
Rules
and
Regulations
(
2)
For
Phase
3,
the
HC+
NOX
and
CO
standards
are
defined
by
a
functional
relationship.
Choose
your
corporate
average
HC+
NOX
and
CO
standards
for
each
model
year
according
to
the
following
criteria:
(
i)
Prior
to
production,
select
the
HC+
NOX
standard
and
CO
standard
(
specified
as
g/
kW­
hr)
so
that
the
combined
percent
reduction
from
baseline
emission
levels
is
greater
than
or
equal
to
100
percent;
that
is,
that
the
standards
comply
with
the
following
equation:

1
15
150
100
1
100
100
 
 

 
 
 
 
×
+
 
 
 
 
 
×
 
(
)
HC+
NO
CO
400
x
STD
STD
(
ii)
Your
corporate
average
HC+
NOX
standard
may
not
be
higher
than
90
g/
kW­
hr.
(
iii)
Your
corporate
average
CO
standard
may
not
be
higher
than
275
g/
kW­
hr.
(
iv)
You
may
use
the
averaging
and
banking
provisions
of
subpart
H
of
this
part
to
show
compliance
with
these
HC+
NOX
and
CO
standards
in
this
paragraph
(
a)(
2).
You
may
modify
your
selection
of
the
HC+
NOX
and
CO
standards
at
the
end
of
the
model
year
under
paragraph
(
a)(
2)(
i)
of
this
section.
You
must
comply
with
these
final
corporate
average
emission
standards.
(
b)
Apply
the
exhaust
emission
standards
in
this
section
for
snowmobiles
using
each
type
of
fuel
specified
in
40
CFR
part
1065,
subpart
C,
for
which
they
are
designed
to
operate.
You
must
meet
the
numerical
emission
standards
for
hydrocarbons
in
this
section
based
on
the
following
types
of
hydrocarbon
emissions
for
snowmobiles
powered
by
the
following
fuels:
(
1)
Gasoline­
and
LPG­
fueled
snowmobiles:
THC
emissions.
(
2)
Natural
gas­
fueled
snowmobiles:
NMHC
emissions.
(
3)
Alcohol­
fueled
snowmobiles:
THCE
emissions.
(
c)
Your
snowmobiles
must
meet
emission
standards
over
their
full
useful
life
(
§
1051.240
describes
how
to
use
deterioration
factors
to
show
this).
The
minimum
useful
life
is
8,000
kilometers,
400
hours
of
engine
operation,
or
five
calendar
years,
whichever
comes
first.
You
must
specify
a
longer
useful
life
in
terms
of
kilometers
and
hours
for
the
engine
family
if
the
average
service
life
of
your
vehicles
is
longer
than
the
minimum
value,
as
follows:
(
1)
Except
as
allowed
by
paragraph
(
c)(
2)
of
this
section,
your
useful
life
(
in
kilometers
and
hours)
may
not
be
less
than
either
of
the
following:
(
i)
Your
projected
operating
life
from
advertisements
or
other
marketing
materials
for
any
vehicles
in
the
engine
family.
(
ii)
Your
basic
mechanical
warranty
for
any
engines
in
the
engine
family.
(
2)
Your
useful
life
may
be
based
on
the
average
service
life
of
vehicles
in
the
engine
family
if
you
show
that
the
average
service
life
is
less
than
the
useful
life
required
by
paragraph
(
c)(
1)
of
this
section,
but
more
than
the
minimum
useful
life
(
8,000
kilometers
or
400
hours
of
engine
operation).
In
determining
the
actual
average
service
life
of
vehicles
in
an
engine
family,
we
will
consider
all
available
information
and
analyses.
Survey
data
is
allowed
but
not
required
to
make
this
showing.

§
1051.105
What
are
the
exhaust
emission
standards
for
off­
highway
motorcycles?

(
a)
Apply
the
exhaust
emission
standards
in
this
section
by
model
year.
Measure
emissions
with
the
off­
highway
motorcycle
test
procedures
in
subpart
F
of
this
part.
(
1)
Follow
Table
1
of
this
section
for
exhaust
emission
standards.
You
may
use
the
averaging,
banking,
and
trading
provisions
of
subpart
H
of
this
part
to
show
compliance
with
the
HC+
NOX
and/
or
CO
standards
(
an
engine
family
meets
emission
standards
even
if
its
family
emission
limit
is
higher
than
the
standard,
as
long
as
you
show
that
the
whole
averaging
set
of
applicable
engine
families
meet
the
applicable
emission
standards
using
emission
credits,
and
the
vehicles
within
the
family
meet
the
family
emission
limit).
The
phase­
in
values
specify
the
percentage
of
your
U.
S.­
directed
production
that
must
comply
with
the
emission
standards
for
those
model
years.
Calculate
this
compliance
percentage
based
on
a
simple
count
of
production
units
within
the
engine
family.
Table
1
follows:

TABLE
1
OF
§
1051.105.
 
EXHAUST
EMISSION
STANDARDS
FOR
OFF­
HIGHWAY
MOTORCYCLES
(
G/
KM)

Phase
Model
year
Phase­
in
(
percent)
Emission
standards
Maximum
allowable
family
emission
limits
HC+
NOX
CO
HC+
NOX
CO
Phase
1
........................................
2006
..............................................
50
2.0
25
20.0
50
2007
and
later
..............................
100
2.0
25
20.0
50
(
2)
For
model
years
2007
and
later
you
may
choose
to
certify
all
of
your
offhighway
motorcycles
to
an
HC+
NOX
standard
of
4.0
g/
km
and
a
CO
standard
of
35
g/
km,
instead
of
the
standards
listed
in
paragraph
(
a)(
1)
of
this
section.
To
certify
to
the
standards
in
this
paragraph
(
a)(
2),
you
must
comply
with
the
following
provisions:
(
i)
You
may
not
request
an
exemption
for
any
off­
highway
motorcycles
under
§
1051.620
(
ii)
At
least
ten
percent
of
your
offhighway
motorcycles
for
the
model
year
must
have
four
of
the
following
features:
(
A)
The
absence
of
a
headlight
or
other
lights.
(
B)
The
absence
of
a
spark
arrestor.
(
C)
The
absence
of
manufacturer
warranty.
(
D)
Suspension
travel
greater
than
10
inches.
(
E)
Engine
displacement
greater
than
50
cc.
(
F)
The
absence
of
a
functional
seat.
(
iii)
You
may
use
the
averaging
and
banking
provisions
of
subpart
H
of
this
part
to
show
compliance
with
this
HC+
NOX
standard,
but
not
this
CO
standard.
If
you
use
the
averaging
or
banking
provisions
to
show
compliance,
your
FEL
for
HC+
NOX
may
not
exceed
8.0
g/
km
for
any
engine
family.
You
may
not
use
the
trading
provisions
of
subpart
H
of
this
part.
(
3)
You
may
certify
off­
highway
motorcycles
with
engines
that
have
total
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/
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No.
217
/
Friday,
November
8,
2002
/
Rules
and
Regulations
displacement
of
70
cc
or
less
to
the
exhaust
emission
exhaust
standards
in
§
1051.615
instead
of
certifying
them
to
the
exhaust
emission
standards
of
this
section.
(
b)
Apply
the
exhaust
emission
standards
in
this
section
for
off­
highway
motorcycles
using
each
type
of
fuel
specified
in
40
CFR
part
1068,
subpart
C,
for
which
they
are
designed
to
operate.
You
must
meet
the
numerical
emission
standards
for
hydrocarbons
in
this
section
based
on
the
following
types
of
hydrocarbon
emissions
for
offhighway
motorcycles
powered
by
the
following
fuels:
(
1)
Gasoline­
and
LPG­
fueled
offhighway
motorcycles:
THC
emissions.
(
2)
Natural
gas­
fueled
off­
highway
motorcycles:
NMHC
emissions.
(
3)
Alcohol­
fueled
off­
highway
motorcycles:
THCE
emissions.
(
c)
Your
off­
highway
motorcycles
must
meet
emission
standards
over
their
full
useful
life
(
§
1051.240
describes
how
to
use
deterioration
factors
to
show
this).
The
minimum
useful
life
is
10,000
kilometers
or
five
years,
whichever
comes
first.
You
must
specify
a
longer
useful
life
for
the
engine
family
in
terms
of
kilometers
if
the
average
service
life
of
your
vehicles
is
longer
than
the
minimum
value,
as
follows:
(
1)
Except
as
allowed
by
paragraph
(
c)(
2)
of
this
section,
your
useful
life
(
in
kilometers)
may
not
be
less
than
either
of
the
following:
(
i)
Your
projected
operating
life
from
advertisements
or
other
marketing
materials
for
any
vehicles
in
the
engine
family.
(
ii)
Your
basic
mechanical
warranty
for
any
engines
in
the
engine
family.
(
2)
Your
useful
life
may
be
based
on
the
average
service
life
of
vehicles
in
the
engine
family
if
you
show
that
the
average
service
life
is
less
than
the
useful
life
required
by
paragraph
(
c)(
1)
of
this
section,
but
more
than
the
minimum
useful
life
(
10,000
kilometers).
In
determining
the
actual
average
service
life
of
vehicles
in
an
engine
family,
we
will
consider
all
available
information
and
analyses.
Survey
data
is
allowed
but
not
required
to
make
this
showing.

§
1051.107
What
are
the
exhaust
emission
standards
for
all­
terrain
vehicles
(
ATVs)
and
offroad
utility
vehicles?
This
section
specifies
the
exhaust
emission
standards
that
apply
to
ATVs.
As
is
described
in
§
1051.1(
a)(
4),
offroad
utility
vehicles
that
are
subject
to
this
part
are
subject
to
these
same
standards.
(
a)
Apply
the
exhaust
emission
standards
in
this
section
by
model
year.
Measure
emissions
with
the
ATV
test
procedures
in
subpart
F
of
this
part.
(
1)
Follow
Table
1
of
this
section
for
exhaust
emission
standards.
You
may
use
the
averaging,
banking,
and
trading
provisions
of
subpart
H
of
this
part
to
show
compliance
with
these
HC+
NOX
standards
(
an
engine
family
meets
emission
standards
even
if
its
family
emission
limit
is
higher
than
the
standard,
as
long
as
you
show
that
the
whole
averaging
set
of
applicable
engine
families
meet
the
applicable
emission
standards
using
emission
credits,
and
the
vehicles
within
the
family
meet
the
family
emission
limit).
Table
1
also
shows
the
maximum
value
you
may
specify
for
a
family
emission
limit.
The
phase­
in
values
in
the
table
specify
the
percentage
of
your
total
U.
S.­
directed
production
that
must
comply
with
the
emission
standards
for
those
model
years.
Calculate
this
compliance
percentage
based
on
a
simple
count
of
production
units
within
the
engine
family.
This
applies
to
your
total
production
of
ATVs
and
offroad
utility
vehicles
that
are
subject
to
the
standards
of
this
part;
including
both
ATVs
and
offroad
utility
vehicles
subject
to
the
standards
of
this
section
and
ATVs
and
offroad
utility
vehicles
certified
to
the
standards
of
other
sections
in
this
part
1051
(
such
as
§
1051.615,
but
not
including
vehicles
certified
under
other
parts
in
this
chapter
(
such
as
40
CFR
part
90).
Table
1
follows:

TABLE
1
OF
§
1051.107.
 
EXHAUST
EMISSION
STANDARDS
FOR
ATVS
(
G/
KM)

Phase
Model
year
Phase­
in
(
percent)
Emission
standards
Maximum
allowable
family
emission
limits
HC+
NOX
CO
HC+
NOX
CO
Phase
1
........................................
2006
..............................................
50
1.5
35
20.0
50
2007
and
later
..............................
100
1.5
35
20.0
50
(
2)
You
may
certify
ATVs
with
engines
that
have
total
displacement
of
less
than
100
cc
to
the
exhaust
emission
exhaust
standards
in
§
1051.615
instead
of
certifying
them
to
the
exhaust
emission
standards
of
this
section.
(
b)
Apply
the
exhaust
emission
standards
in
this
section
for
ATVs
using
each
type
of
fuel
specified
in
40
CFR
1065,
subpart
C
for
which
they
are
designed
to
operate.
You
must
meet
the
numerical
emission
standards
for
hydrocarbons
in
this
section
based
on
the
following
types
of
hydrocarbon
emissions
for
ATVs
powered
by
the
following
fuels:
(
1)
Gasoline­
and
LPG­
fueled
ATVs:
THC
emissions.
(
2)
Natural
gas­
fueled
ATVs:
NMHC
emissions.
(
3)
Alcohol­
fueled
ATVs:
THCE
emissions.
(
c)
Your
ATVs
must
meet
emission
standards
over
their
full
useful
life
(
§
1051.240
describes
how
to
use
deterioration
factors
to
show
this).
The
minimum
useful
life
is
10,000
kilometers,
1000
hours
of
engine
operation,
or
five
years,
whichever
comes
first.
You
must
specify
a
longer
useful
life
for
the
engine
family
in
terms
of
kilometers
and
hours
if
the
average
service
life
of
your
vehicles
is
longer
than
the
minimum
value,
as
follows:
(
1)
Except
as
allowed
by
paragraph
(
c)(
2)
of
this
section,
your
useful
life
(
in
kilometers)
may
not
be
less
than
either
of
the
following:
(
i)
Your
projected
operating
life
from
advertisements
or
other
marketing
materials
for
any
vehicles
in
the
engine
family.
(
ii)
Your
basic
mechanical
warranty
for
any
engines
in
the
engine
family.
(
2)
Your
useful
life
may
be
based
on
the
average
service
life
of
vehicles
in
the
engine
family
if
you
show
that
the
average
service
life
is
less
than
the
useful
life
required
by
paragraph
(
c)(
1)
of
this
section,
but
more
than
the
minimum
useful
life
(
10,000
kilometers
or
1,000
hours
of
engine
operation).
In
determining
the
actual
average
service
life
of
vehicles
in
an
engine
family,
we
will
consider
all
available
information
and
analyses.
Survey
data
is
allowed
but
not
required
to
make
this
showing.

§
1051.110
What
evaporative
emission
standards
must
my
vehicles
meet?

All
of
your
new
vehicles
must
meet
the
emission
standards
of
this
section
over
their
full
useful
life,
as
specified
in
this
section.
Note
that
§
1051.245
allows
you
to
use
design­
based
certification
instead
of
generating
new
emission
data.

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Federal
Register
/
Vol.
67,
No.
217
/
Friday,
November
8,
2002
/
Rules
and
Regulations
(
a)
Beginning
with
the
2008
model
year,
permeation
emissions
from
your
vehicle's
fuel
tank(
s)
may
not
exceed
1.5
grams
per
square­
meter
per
day
when
measured
with
the
test
procedures
for
tank
permeation
in
subpart
F
of
this
part.
You
may
use
the
averaging,
banking,
and
trading
provisions
of
subpart
H
of
this
part
to
show
compliance.
(
b)
Beginning
with
the
2008
model
year,
permeation
emissions
from
your
vehicle's
fuel
lines
may
not
exceed
15
grams
per
square­
meter
per
day
when
measured
with
the
test
procedures
for
fuel­
line
permeation
in
subpart
F
of
this
part.
Use
the
inside
diameter
of
the
hose
to
determine
the
surface
area
of
the
hose.

§
1051.115
What
other
requirements
must
my
vehicles
meet?
Your
vehicles
must
meet
the
following
requirements:
(
a)
Closed
crankcase.
Design
and
produce
your
vehicles
so
they
release
no
crankcase
emissions
into
the
atmosphere
throughout
their
useful
life.
(
b)
Emission
sampling
capability.
Produce
all
your
vehicles
to
allow
sampling
of
exhaust
emissions
in
the
field
without
damaging
the
vehicle.
Show
in
your
application
for
certification
how
this
can
be
done
in
a
way
that
prevents
diluting
the
exhaust
sample
with
ambient
air.
To
do
this,
you
might
simply
allow
for
extending
the
exhaust
pipe
by
20
cm;
you
might
also
install
sample
ports
in
the
exhaust
(
downstream
of
any
aftertreatment
devices).
(
c)
Adjustable
parameters.
If
your
vehicles
have
adjustable
parameters,
they
must
meet
all
the
requirements
of
this
part
for
any
adjustment
in
the
physically
adjustable
range.
Note
that
parameters
that
control
the
air­
fuel
ratio
may
be
treated
separately
under
paragraph
(
d)
of
this
section.
(
1)
We
do
not
consider
an
operating
parameter
adjustable
if
you
permanently
seal
it
or
if
ordinary
tools
cannot
readily
access
it.
(
2)
We
may
require
you
to
adjust
the
engine
to
any
specification
within
the
adjustable
range
during
certification
testing,
production­
line
testing,
selective
enforcement
auditing,
or
inuse
testing.
(
d)
Other
adjustments.
This
provision
applies
if
an
experienced
mechanic
can
change
your
engine's
air­
fuel
ratio
in
less
than
one
hour
with
a
few
parts
whose
total
cost
is
under
$
50
(
in
2001
dollars).
Examples
include
carburetor
jets
and
needles.
In
the
case
of
carburetor
jets
and
needles,
your
vehicle
must
meet
all
the
requirements
of
this
part
for
any
air­
fuel
ratio
within
the
adjustable
range
described
in
paragraph
(
d)(
1)
of
this
section.
(
1)
In
your
application
for
certification,
specify
the
adjustable
range
of
air­
fuel
ratios
you
expect
to
occur
in
use.
You
may
specify
it
in
terms
of
engine
parts
(
such
as
the
carburetor
jet
size
and
needle
configuration
as
a
function
of
atmospheric
conditions).
(
2)
This
adjustable
range
(
specified
in
paragraph
(
d)(
1)
of
this
section)
must
include
all
air­
fuel
ratios
between
the
lean
limit
and
the
rich
limit,
unless
you
can
show
that
some
air­
fuel
ratios
will
not
occur
in
use.
(
i)
The
lean
limit
is
the
air­
fuel
ratio
that
produces
the
highest
engine
power
output
(
averaged
over
the
test
cycle).
(
ii)
The
rich
limit
is
the
richest
of
the
following
air­
fuel
ratios:
(
A)
The
air­
fuel
ratio
that
would
result
from
operating
the
vehicle
as
you
produce
it
at
the
specified
test
conditions.
This
paragraph
(
d)(
2)(
ii)(
A)
does
not
apply
if
you
produce
the
vehicle
with
an
unjetted
carburetor
so
that
the
vehicle
must
be
jetted
by
the
dealer
or
operator.
(
B)
The
air­
fuel
ratio
of
the
engine
when
you
do
durability
testing.
(
C)
The
richest
air­
fuel
ratio
that
you
recommend
to
your
customers
for
the
applicable
ambient
conditions.
(
3)
If
the
air­
fuel
ratio
of
your
vehicle
is
adjusted
primarily
by
changing
the
carburetor
jet
size
and/
or
needle
configuration,
you
may
submit
your
recommended
jetting
chart
instead
of
the
range
of
air­
fuel
ratios
required
by
paragraph
(
d)(
1)
of
this
section
if
the
following
criteria
are
met:
(
i)
Good
engineering
judgment
indicates
that
vehicle
operators
would
not
have
an
incentive
to
operate
the
vehicle
with
richer
air­
fuel
ratios
than
recommended.
(
ii)
The
chart
is
based
on
use
of
a
fuel
that
is
equivalent
to
the
specified
test
fuel(
s).
As
an
alternative
you
may
submit
a
chart
based
on
a
representative
in­
use
fuel
if
you
also
provide
instructions
for
converting
the
chart
to
be
applicable
to
the
test
fuel(
s).
(
iii)
The
chart
is
specified
in
units
that
are
adequate
to
make
it
practical
for
an
operator
to
keep
the
vehicle
properly
jetted
during
typical
use.
For
example,
charts
that
specify
jet
sizes
based
on
increments
of
temperature
smaller
than
20
°
F
(
11.1
°
C)
or
increments
of
altitude
less
than
2000
feet
would
not
meet
this
criteria.
Temperature
ranges
must
overlap
by
at
least
5
°
F
(
2.8
°
C).
(
iv)
You
follow
the
jetting
chart
for
durability
testing.
(
v)
You
do
not
produce
your
vehicles
with
jetting
richer
than
the
jetting
chart
recommendation
for
the
intended
vehicle
use.
(
4)
We
may
require
you
to
adjust
the
engine
to
any
specification
within
the
adjustable
range
during
certification
testing,
production­
line
testing,
selective
enforcement
auditing,
or
inuse
testing.
If
we
allow
you
to
submit
your
recommended
jetting
chart
instead
of
the
range
of
air­
fuel
ratios
required
by
paragraph
(
d)(
1)
of
this
section,
adjust
the
engine
to
the
richest
specification
within
the
jetting
chart
for
the
test
conditions,
unless
we
specify
a
leaner
setting.
We
may
not
specify
a
setting
leaner
than
that
described
in
paragraph
(
d)(
2)(
i)
of
this
section.
(
e)
Prohibited
controls.
You
may
not
design
your
engines
with
emissioncontrol
devices,
systems,
or
elements
of
design
that
cause
or
contribute
to
an
unreasonable
risk
to
public
health,
welfare,
or
safety
while
operating.
For
example,
this
would
apply
if
the
engine
emits
a
noxious
or
toxic
substance
it
would
otherwise
not
emit
that
contributes
to
such
an
unreasonable
risk.
(
f)
Defeat
devices.
You
may
not
equip
your
vehicles
with
a
defeat
device.
A
defeat
device
is
an
auxiliary
emissioncontrol
device
or
other
control
feature
that
reduces
the
effectiveness
of
emission
controls
under
conditions
you
may
reasonably
expect
the
vehicle
to
encounter
during
normal
operation
and
use.
This
does
not
apply
to
auxiliary
emission­
control
devices
you
identify
in
your
certification
application
if
any
of
the
following
is
true:
(
1)
The
conditions
of
concern
were
substantially
included
in
your
prescribed
duty
cycles.
(
2)
You
show
your
design
is
necessary
to
prevent
catastrophic
vehicle
damage
or
accidents.
(
3)
The
reduced
effectiveness
applies
only
to
starting
the
engine.
(
g)
Noise
standards.
There
are
no
noise
standards
specified
in
this
part
1051.
See
40
CFR
Chapter
I,
Subchapter
G,
to
determine
if
your
vehicle
must
meet
noise
emission
standards
under
another
part
our
regulations.

§
1051.120
What
warranty
requirements
apply
to
me?

(
a)
General
requirements.
You
must
warrant
to
the
ultimate
buyer
that
the
new
engine
meets
two
conditions:
(
1)
It
is
designed,
built,
and
equipped
to
conform
at
the
time
of
sale
with
the
requirements
of
this
part.
(
2)
It
is
free
from
defects
in
materials
and
workmanship
that
may
keep
it
from
meeting
these
requirements.
(
b)
Warranty
period.
Your
emissionrelated
warranty
must
be
valid
for
at
least
50
percent
of
the
vehicle's
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minimum
useful
life
in
kilometers
or
at
least
30
months,
whichever
comes
first.
You
may
offer
an
emission­
related
warranty
more
generous
than
we
require.
This
warranty
may
not
be
shorter
than
any
published
or
negotiated
warranty
you
offer
for
the
engine
or
any
of
its
components.
If
a
vehicle
has
no
odometer,
base
warranty
periods
in
this
paragraph
(
b)
only
on
the
vehicle's
age
(
in
years).
(
c)
Components
covered.
The
emission­
related
warranty
must
cover
components
whose
failure
would
increase
an
engine's
emissions,
including
electronic
controls,
fuel
injection
(
for
liquid
or
gaseous
fuels),
exhaust­
gas
recirculation,
aftertreatment,
or
any
other
system
you
develop
to
control
emissions.
We
generally
consider
replacing
or
repairing
other
components
to
be
the
owner's
responsibility.
(
d)
Scheduled
maintenance.
You
may
schedule
emission­
related
maintenance
for
a
component
named
in
paragraph
(
c)
of
this
section,
subject
to
the
restrictions
of
§
1051.125.
You
are
not
required
to
cover
this
scheduled
maintenance
under
your
warranty
if
the
component
meets
either
of
the
following
criteria:
(
1)
The
component
was
in
general
use
on
similar
engines,
and
was
subject
to
scheduled
maintenance,
before
January
1,
2000.
(
2)
Failure
of
the
component
would
clearly
degrade
the
engine's
performance
enough
that
the
operator
would
need
to
repair
or
replace
it.
(
e)
Limited
applicability.
You
may
deny
warranty
claims
under
this
section
if
the
operator
caused
the
problem,
as
described
in
1068.115
of
this
chapter.
You
may
ask
us
to
allow
you
to
exclude
from
your
emission­
related
warranty
certified
vehicles
that
have
been
used
significantly
for
competition,
especially
certified
motorcycles
that
meet
at
least
four
of
the
criteria
in
§
1051.620(
b)(
1).
(
f)
Aftermarket
parts.
As
noted
in
§
1068.101
of
this
chapter,
it
is
a
violation
of
the
Act
to
manufacture
a
vehicle
part
if
one
of
its
main
effects
is
to
reduce
the
effectiveness
of
the
vehicle's
emission
controls.
If
you
make
an
aftermarket
part,
you
may
 
but
do
not
have
to
 
certify
that
using
the
part
will
still
allow
engines
to
meet
emission
standards,
as
described
in
§
85.2114
of
this
chapter.

§
1051.125
What
maintenance
instructions
must
I
give
to
buyers?
Give
the
ultimate
buyer
of
each
new
vehicle
written
instructions
for
properly
maintaining
and
using
the
vehicle,
including
the
emission­
control
system.
The
maintenance
instructions
also
apply
to
service
accumulation
on
your
test
vehicles
or
engines,
as
described
in
40
CFR
part
1065,
subpart
E.
(
a)
Critical
emission­
related
maintenance.
Critical
emission­
related
maintenance
includes
any
adjustment,
cleaning,
repair,
or
replacement
of
airinduction
fuel­
system,
or
ignition
components,
aftertreatment
devices,
pulse­
air
valves,
exhaust
gas
recirculation
systems,
crankcase
ventilation
valves,
sensors,
or
electronic
control
units.
This
may
also
include
any
other
component
whose
only
purpose
is
to
reduce
emissions
or
whose
failure
will
increase
emissions
without
significantly
degrading
engine
performance.
You
may
schedule
critical
emission­
related
maintenance
on
these
components
if
you
meet
the
following
conditions:
(
1)
You
may
ask
us
to
approve
critical
emission­
related
maintenance
only
if
it
meets
two
criteria:
(
i)
Operators
are
reasonably
likely
to
do
the
maintenance
you
call
for.
(
ii)
Vehicles
need
the
maintenance
to
meet
emission
standards.
(
2)
We
will
accept
scheduled
maintenance
as
reasonably
likely
to
occur
in
use
if
you
satisfy
any
of
four
conditions:
(
i)
You
present
data
showing
that,
if
a
lack
of
maintenance
increases
emissions,
it
also
unacceptably
degrades
the
vehicle's
performance.
(
ii)
You
present
survey
data
showing
that
80
percent
of
vehicles
in
the
field
get
the
maintenance
you
specify
at
the
recommended
intervals.
(
iii)
You
provide
the
maintenance
free
of
charge
and
clearly
say
so
in
maintenance
instructions
for
the
customer.
(
iv)
You
otherwise
show
us
that
the
maintenance
is
reasonably
likely
to
be
done
at
the
recommended
intervals.
(
3)
You
may
not
schedule
critical
emission­
related
maintenance
within
the
minimum
useful
life
period
for
aftertreatment
devices,
pulse­
air
valves,
fuel
injectors,
oxygen
sensors,
electronic
control
units,
superchargers,
or
turbochargers.
(
b)
Recommended
additional
maintenance.
You
may
recommend,
but
not
require,
any
additional
amount
of
maintenance
on
the
components
listed
in
paragraph
(
a)
of
this
section.
However,
you
must
make
it
clear
that
these
maintenance
steps
are
not
necessary
to
keep
the
emission­
related
warranty
valid.
If
operators
do
the
maintenance
specified
in
paragraph
(
a)
of
this
section,
but
not
the
recommended
additional
maintenance,
this
does
not
allow
you
to
disqualify
them
from
in­
use
testing
or
deny
a
warranty
claim.
(
c)
Special
maintenance.
You
may
specify
more
frequent
maintenance
to
address
problems
related
to
special
situations
such
as
substandard
fuel
or
atypical
engine
operation.
You
may
not
perform
this
special
maintenance
during
service
accumulation
or
durability
testing.
(
d)
Noncritical
emission­
related
maintenance.
For
engine
parts
not
listed
in
paragraph
(
a)
of
this
section,
you
may
schedule
any
amount
of
emissionrelated
inspection
or
maintenance.
But
you
must
state
clearly
that
these
steps
are
not
necessary
to
keep
the
emissionrelated
warranty
valid.
Also,
do
not
take
these
inspection
or
maintenance
steps
during
service
accumulation
on
your
test
vehicles
or
engines.
(
e)
Maintenance
that
is
not
emissionrelated
For
maintenance
unrelated
to
emission
controls,
you
may
schedule
any
amount
of
inspection
or
maintenance.
You
may
also
take
these
inspection
or
maintenance
steps
during
service
accumulation
on
your
test
vehicles
or
engines.
This
might
include
adding
engine
oil
or
adjusting
chain
tension,
clutch
position,
or
tire
pressure.
(
f)
Source
of
parts
and
repairs.
Print
clearly
on
the
first
page
of
your
written
maintenance
instructions
that
any
repair
shop
or
person
may
maintain,
replace,
or
repair
emission­
control
devices
and
systems.
Your
instructions
may
not
require
any
component
or
service
identified
by
brand,
trade,
or
corporate
name.
Also,
do
not
directly
or
indirectly
condition
your
warranty
on
a
requirement
that
the
vehicle
be
serviced
by
your
franchised
dealers
or
any
other
service
establishments
with
which
you
have
a
commercial
relationship.
You
may
disregard
the
requirements
in
this
paragraph
(
f)
if
you
do
one
of
two
things:
(
1)
Provide
a
component
or
service
without
charge
under
the
purchase
agreement.
(
2)
Get
us
to
waive
this
prohibition
in
the
public's
interest
by
convincing
us
the
vehicle
will
work
properly
only
with
the
identified
component
or
service.

§
1051.130
What
installation
instructions
must
I
give
to
vehicle
manufacturers?
(
a)
If
you
sell
an
engine
for
someone
else
to
install
in
a
recreational
vehicle,
give
the
engine
buyer
written
instructions
for
installing
it
consistent
with
the
requirements
of
this
part.
Include
all
information
necessary
to
ensure
that
engines
installed
this
way
will
meet
emission
standards.
(
b)
These
instructions
must
have
the
following
information:
(
1)
Include
the
heading:
``
Emissionrelated
installation
instructions''.

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Regulations
(
2)
State:
``
Failing
to
follow
these
instructions
when
installing
a
certified
engine
in
a
recreational
vehicle
may
violate
federal
law
(
40
CFR
1068.105(
b)),
and
subject
you
to
fines
or
other
penalties
as
described
in
the
Clean
Air
Act.''.
(
3)
Describe
any
other
instructions
needed
to
install
an
exhaust
aftertreatment
device
consistent
with
your
application
for
certification.
(
4)
Describe
the
steps
needed
to
comply
with
the
evaporative
emission
standards
in
§
1051.110.
(
5)
Describe
any
limits
on
the
range
of
applications
needed
to
ensure
that
the
engine
operates
consistently
with
your
application
for
certification.
For
example,
if
your
engines
are
certified
only
to
the
snowmobile
standards,
tell
vehicle
manufacturers
not
to
install
the
engines
in
other
vehicles.
(
6)
Describe
any
other
instructions
to
make
sure
the
installed
engine
will
operate
according
to
any
design
specifications
you
describe
in
your
application
for
certification.
(
7)
State:
``
If
you
install
the
engine
in
a
way
that
makes
the
engine's
emission
control
information
label
hard
to
read
during
normal
engine
maintenance,
you
must
place
a
duplicate
label
on
the
vehicle,
as
described
in
40
CFR
1068.105.''.
(
c)
You
do
not
need
installation
instructions
for
engines
you
install
in
your
own
vehicles.

§
1051.135
How
must
I
label
and
identify
the
vehicles
I
produce?
Each
of
your
vehicles
must
have
three
labels:
a
vehicle
identification
number
as
described
in
paragraph
(
a)
of
this
section,
an
emission
control
information
label
as
described
in
paragraphs
(
b)
through
(
e)
of
this
section,
and
a
consumer
information
label
as
described
in
paragraph
(
g)
of
this
section.
(
a)
Assign
each
production
vehicle
a
unique
identification
number
and
permanently
and
legibly
affix,
stamp,
or
engrave
it
on
the
vehicle.
(
b)
At
the
time
of
manufacture,
add
a
permanent
label
identifying
the
emission
controls
for
each
vehicle.
This
is
the
vehicle's
``
emission
control
information
label.''
To
meet
labeling
requirements,
do
the
following
things:
(
1)
Attach
the
label
in
one
piece
so
it
is
not
removable
without
being
destroyed
or
defaced.
(
2)
Design
and
produce
it
to
be
durable
and
readable
for
the
vehicle's
entire
life.
(
3)
Secure
it
to
a
part
of
the
vehicle
(
or
engine)
needed
for
normal
operation
and
not
normally
requiring
replacement.
(
4)
Write
it
in
block
letters
in
English.
(
5)
Attach
the
label
in
a
location
where
it
can
be
easily
read.
(
c)
On
your
label,
do
these
things:
(
1)
Include
the
heading
``
EMISSION
CONTROL
INFORMATION''.
(
2)
Include
your
full
corporate
name
and
trademark.
(
3)
State:
``
THIS
VEHICLE
IS
CERTIFIED
TO
OPERATE
ON
[
specify
operating
fuel
or
fuels].''.
(
4)
Identify
the
emission­
control
system;
your
identifiers
must
use
names
and
abbreviations
consistent
with
SAE
J1930
(
incorporated
by
reference
in
§
1051.810).
(
5)
List
all
requirements
for
fuel
and
lubricants.
(
6)
State
the
date
of
manufacture
[
DAY
(
optional),
MONTH,
and
YEAR];
if
you
stamp
it
on
the
engine
and
print
it
in
the
owner's
manual,
you
may
omit
this
information
from
the
emission
control
information
label.
(
7)
State:
``
THIS
VEHICLE
MEETS
U.
S.
ENVIRONMENTAL
PROTECTION
AGENCY
REGULATIONS
FOR
[
MODEL
YEAR]
[
SNOWMOBILES
or
OFF­
ROAD
MOTORCYCLES
or
ATVs].''.
(
8)
Include
EPA's
standardized
designation
for
the
engine
family.
(
9)
State
the
engine's
displacement
(
in
liters)
and
maximum
brake
power.
You
do
not
need
to
include
the
engine's
displacement
and
power
on
the
emission
control
information
label
if
the
vehicle
is
permanently
labeled
with
a
unique
model
name
that
corresponds
to
a
specific
displacement/
power
configuration.
(
10)
State
the
engine's
useful
life
if
it
is
different
than
the
minimum
value.
(
11)
List
specifications
and
adjustments
for
engine
tuneups;
show
the
proper
position
for
the
transmission
during
tuneup
and
state
which
accessories
should
be
operating.
(
12)
Identify
the
emission
standards
or
family
emission
limits
to
which
you
have
certified
the
engine.
(
d)
Some
of
your
engines
may
need
more
information
on
the
emission
control
information
label.
If
you
produce
an
engine
or
vehicle
that
we
exempt
from
the
requirements
of
this
part,
see
subpart
G
of
this
part
and
40
CFR
part
1068,
subparts
C
and
D,
for
more
label
information.
(
e)
Some
engines
may
not
have
enough
space
for
an
emission
control
information
label
with
all
the
required
information.
In
this
case,
you
may
omit
the
information
required
in
paragraphs
(
c)(
3),
(
c)(
4),
and
(
c)(
5)
of
this
section
if
you
print
it
in
the
owner's
manual
instead.
(
f)
If
you
are
unable
to
meet
these
labeling
requirements,
you
may
ask
us
to
modify
them
consistent
with
the
intent
of
this
section.
(
g)
Label
every
vehicle
certified
under
this
part
with
a
removable
hang­
tag
showing
its
emission
characteristics
relative
to
other
models.
The
label
should
be
attached
securely
to
the
vehicle
before
it
is
offered
for
sale
in
such
a
manner
that
it
would
not
be
accidentally
removed
prior
to
sale.
Use
the
applicable
equations
of
this
paragraph
(
g)
to
determine
the
normalized
emission
rate
(
NER)
from
the
FEL
for
your
vehicle.
If
the
vehicle
is
certified
without
using
the
averaging
provisions
of
subpart
H,
use
the
final
deteriorated
emission
level.
Round
the
resulting
normalized
emission
rate
for
your
vehicle
to
the
nearest
whole
number.
We
may
specify
a
standardized
format
for
labels.
At
a
minimum,
the
tag
should
include:
The
manufacturer's
name,
vehicle
model
name,
engine
description
(
500
cc
two­
stroke
with
DFI),
the
NER,
and
a
brief
explanation
of
the
scale
(
for
example,
note
that
0
is
the
cleanest
and
10
is
the
least
clean).
(
1)
For
snowmobiles,
use
the
following
equation:

NER
=
16.61
×
log(
2.667
×
HC
+
CO)
¥
38.22
Where:
HC
and
CO
are
the
cycle­
weighted
FELs
(
or
emission
rates)
for
hydrocarbons
and
carbon
monoxide
in
g/
kW
 
hr.

(
2)(
i)
For
off­
highway
motorcycles
with
HC+
NOX
emissions
less
than
or
equal
to
2.0
g/
km,
use
the
following
equation:

(
NER
=
2.500
×
(
HC
+
NOX)

Where:
HC
+
NOX
is
the
FEL
(
or
the
sum
of
the
cycle­
weighted
emission
rates)
for
hydrocarbons
and
oxides
of
nitrogen
in
g/
km.

(
ii)
For
off­
highway
motorcycles
with
HC+
NOX
emissions
greater
than
2.0
g/
km,
use
the
following
equation:

NER
=
5.000
×
log(
HC
+
NOX)
+
3.495
Where:
HC
+
NOX
is
the
FEL
(
or
the
sum
of
the
cycle­
weighted
emission
rates)
for
hydrocarbons
and
oxides
of
nitrogen
in
g/
km.

(
3)(
i)
For
ATVs
with
HC+
NOX
emissions
less
than
or
equal
to
1.5
g/
km,
use
the
following
equation:

NER
=
3.333
×
(
HC
+
NOX)

Where:
HC
+
NOX
is
the
FEL
(
or
the
sum
of
the
cycle­
weighted
emission
rates)
for
hydrocarbons
and
oxides
of
nitrogen
in
g/
km.

(
ii)
For
ATVs
with
HC+
NOX
emissions
greater
than
1.5
g/
km,
use
the
following
equation:

NER
=
4.444
×
log(
HC
+
NOX)
+
4.217
Where:
HC
+
NOX
is
the
FEL
(
or
the
sum
of
the
cycle­
weighted
emission
rates)
for
hydrocarbons
and
oxides
of
nitrogen
in
g/
km.

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2002
/
Rules
and
Regulations
§
1051.145
What
provisions
apply
only
for
a
limited
time?

Apply
the
following
provisions
instead
of
others
in
this
part
for
the
periods
and
circumstances
specified
in
this
section.
(
a)
Provisions
for
small­
volume
manufacturers.
Special
provisions
apply
to
you
if
you
are
a
small­
volume
manufacturer
subject
to
the
requirements
of
this
part.
Contact
us
before
2006
if
you
intend
to
use
these
provisions.
(
1)
You
may
delay
complying
with
otherwise
applicable
emission
standards
(
and
other
requirements)
for
two
model
years.
(
2)
If
you
are
a
small­
volume
manufacturer
of
snowmobiles,
only
50
percent
of
the
models
you
produce
(
instead
of
all
of
the
models
you
produce)
must
meet
emission
standards
in
the
first
two
years
they
apply
to
you
as
a
small­
volume
manufacturer,
as
described
in
paragraph
(
a)(
1)
of
this
section.
For
example,
this
alternate
phase­
in
allowance
would
allow
smallvolume
snowmobile
manufacturers
to
comply
with
the
Phase
1
exhaust
standards
by
certifying
50
percent
of
their
snowmobiles
in
2008,
50
percent
of
their
snowmobiles
in
2009,
and
100
percent
in
2010.
(
3)
Your
vehicles
for
model
years
before
2011
may
be
exempt
from
the
exhaust
standards
of
this
part
if
you
meet
the
following
criteria:
(
i)
Produce
your
vehicles
by
installing
engines
covered
by
a
valid
certificate
of
conformity
under
40
CFR
part
90
that
shows
the
engines
meet
standards
for
Class
II
engines
for
each
engine's
model
year.
(
ii)
Do
not
change
the
engine
in
a
way
that
we
could
reasonably
expect
to
increase
its
exhaust
emissions.
(
iii)
The
engine
meets
all
applicable
requirements
from
40
CFR
part
90.
This
applies
to
engine
manufacturers,
vehicle
manufacturers
who
use
these
engines,
and
all
other
persons
as
if
these
engines
were
not
used
in
recreational
vehicles.
(
iv)
Demonstrate
that
fewer
than
50
percent
of
the
engine
model's
total
sales,
from
all
companies,
are
used
in
recreational
vehicles
regulated
under
this
part.
(
4)
All
vehicles
certified
or
exempted
under
this
paragraph
(
a)
must
be
labeled
according
to
our
specifications.
The
label
must
include
the
following:
(
i)
The
heading
``
EMISSION
CONTROL
INFORMATION''.
(
ii)
Your
full
corporate
name
and
trademark.
(
iii)
A
description
of
the
provisions
under
which
the
vehicle
is
either
exempted
or
certified.
(
iv)
Other
information
that
we
specify
to
you
in
writing.
(
b)
Optional
emission
standards
for
ATVs.
To
meet
ATV
standards
for
model
years
before
2009,
you
may
apply
the
exhaust
emission
standards
by
model
year
in
paragraph
(
b)(
1)
of
this
section
while
measuring
emissions
using
the
engine­
based
test
procedures
in
40
CFR
part
1065
instead
of
the
chassis­
based
test
procedures
in
40
CFR
part
86.
(
1)
Follow
Table
1
of
this
section
for
exhaust
emission
standards,
while
meeting
all
the
other
requirements
of
§
1051.107.
You
may
use
emission
credits
to
show
compliance
with
these
standards
(
see
subpart
H
of
this
part).
You
may
not
exchange
emission
credits
with
engine
families
meeting
the
standards
in
§
1051.107(
a).
You
may
also
not
exchange
credits
between
engine
families
certified
to
the
standards
for
engines
above
225
cc
and
engine
families
certified
to
the
standards
for
engines
below
225
cc.
The
phase­
in
percentages
in
the
table
specify
the
percentage
of
your
U.
S.­
directed
production
that
must
comply
with
the
emission
standards
for
those
model
years.
Table
1
follows:

TABLE
1
OF
§
1051.145.
 
OPTIONAL
EXHAUST
EMISSION
STANDARDS
FOR
ATVS
(
G/
KW
 
HR)

Engine
displacement
Model
year
Phase­
in
(
percent)
Emission
standards
Maximum
allowable
family
emission
limits
HC+
NOX
CO
HC+
NOX
2006
..........................................................
50
16.1
400
32.2
<
225
cc
.....................................................
2007
and
2008
.........................................
100
16.1
400
32.2
2006
..........................................................
50
13.4
400
26.8
 
225
cc
.....................................................
2007
and
2008
.........................................
100
13.4
400
26.8
(
2)
Measure
emissions
by
testing
the
engine
on
a
dynamometer
with
the
steady­
state
duty
cycle
described
in
Table
2
of
this
section.
(
i)
During
idle
mode,
hold
the
speed
within
your
specifications,
keep
the
throttle
fully
closed,
and
keep
engine
torque
under
5
percent
of
the
peak
torque
value
at
maximum
test
speed.
(
ii)
For
the
full­
load
operating
mode,
operate
the
engine
at
its
maximum
fueling
rate.
(
iii)
See
part
1065
of
this
chapter
for
detailed
specifications
of
tolerances
and
calculations.
(
iv)
Table
2
follows:

TABLE
2
OF
§
1051.145.
 
6­
MODE
DUTY
CYCLE
FOR
RECREATIONAL
ENGINES
Mode
No.
Engine
speed
(
percent
of
maximum
test
speed)
Torque
(
percent
of
maximum
test
torque
at
test
speed)
Minimum
time
in
mode
(
minutes)
Weighting
factors
1
.....................................................................................................................
85
100
5.0
0.09
2
.....................................................................................................................
85
75
5.0
0.20
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/
Vol.
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217
/
Friday,
November
8,
2002
/
Rules
and
Regulations
TABLE
2
OF
§
1051.145.
 
6­
MODE
DUTY
CYCLE
FOR
RECREATIONAL
ENGINES
 
Continued
Mode
No.
Engine
speed
(
percent
of
maximum
test
speed)
Torque
(
percent
of
maximum
test
torque
at
test
speed)
Minimum
time
in
mode
(
minutes)
Weighting
factors
3
.....................................................................................................................
85
50
5.0
0.29
4
.....................................................................................................................
85
25
5.0
0.30
5
.....................................................................................................................
85
10
5.0
0.07
6
.....................................................................................................................
Idle
0
5.0
0.05
(
3)
For
ATVs
certified
to
the
standards
in
this
paragraph
(
b)
use
the
following
equation
to
determine
the
normalized
emission
rate
required
by
§
1051.135(
g):
NER
=
9.898
×
log(
HC
+
NOX
¥
4.898
Where:
HC
+
NOX
is
the
sum
of
the
cycle­
weighted
emission
rates
for
hydrocarbons
and
oxides
of
nitrogen
in
g/
kW
 
hr.

(
c)
Production­
line
testing.
Vehicles
certified
to
the
Phase
1
or
Phase
2
standards
in
§
1051.103,
or
the
Phase
1
standards
in
§
§
1051.105
or
1051.107
are
exempt
from
the
production­
line
testing
requirements
of
subpart
D
of
this
part
if
they
are
certified
without
participating
in
the
emission
averaging,
banking
and
trading
program
described
in
Subpart
H
of
this
part.
(
d)
Phase­
in
flexibility.
For
model
years
before
2014,
if
you
make
a
good
faith
effort
to
comply,
but
fail
to
meet
the
sales
requirements
of
this
part
during
a
phase­
in
period
for
new
standards,
or
fail
to
meet
the
average
emission
standards,
we
may
approve
an
alternative
remedy
to
offset
the
emission
reduction
deficit
using
future
emission
credits
under
this
part.
To
apply
for
this,
you
must:
(
1)
Submit
a
plan
during
the
certification
process
for
the
first
model
year
of
the
phase­
in
showing
how
you
project
to
meet
the
sales
requirement
of
the
phase­
in.
(
2)
Notify
us
less
than
30
days
after
you
determine
that
you
are
likely
to
fail
to
comply
with
the
sales
requirement
of
the
phase­
in.
(
3)
Propose
a
remedy
that
will
achieve
equivalent
or
greater
emission
reductions
compared
to
the
specified
phase­
in
requirements,
and
that
will
offset
the
deficit
within
one
model
year.
(
e)
Snowmobile
testing.
You
may
use
the
raw
sampling
procedures
described
in
40
CFR
part
91,
subparts
D
and
E,
for
emission
testing
of
snowmobiles
for
model
years
prior
to
2010.
For
later
model
years,
you
may
use
these
procedures
if
you
show
that
they
produce
emission
measurements
equivalent
to
the
otherwise
specified
test
procedures.
(
f)
Early
credits.
Snowmobile
manufacturers
may
generate
early
emission
credits
in
one
of
the
following
ways,
by
certifying
some
or
all
of
their
snowmobiles
prior
to
2006.
Credit
generating
snowmobiles
must
meet
all
other
applicable
requirements
of
this
part.
No
early
credits
may
be
generated
by
off­
highway
motorcycles
or
ATVs.
(
1)
You
may
certify
one
or
more
snowmobile
engine
families
to
FELs
(
HC
and
CO)
below
the
numerical
level
of
the
Phase
2
standards
prior
to
the
date
when
compliance
with
the
Phase
1
standard
is
otherwise
required.
Credits
are
calculated
relative
to
the
Phase
2
standards.
Credits
generated
under
this
paragraph
(
f)(
1)
may
be
used
at
any
time
before
2012.
(
2)
You
may
certify
a
snowmobile
engine
family
to
FELs
(
HC
and
CO)
below
the
numerical
level
of
the
Phase
1
standards
prior
to
the
date
when
compliance
with
the
Phase
1
standard
is
otherwise
required.
Credits
are
calculated
relative
to
the
Phase
1
standards.
Credits
generated
under
this
paragraph
(
f)(
2)
may
only
be
used
for
compliance
with
the
Phase
1
standards.
You
may
generate
credits
under
this
paragraph
(
f)(
2)
without
regard
to
whether
the
FELs
are
above
or
below
the
numerical
level
of
the
Phase
2
standards.
(
g)
Pull­
ahead
option
for
permeation
emissions.
Manufacturers
choosing
to
comply
with
an
early
tank
permeation
standard
of
3.0
g/
m2/
day
prior
to
model
year
2008
may
be
allowed
to
delay
compliance
with
the
1.5
g/
m2/
day
standard,
for
an
equivalent
number
of
tanks,
subject
to
the
following
provisions:
(
1)
Pull­
ahead
tanks
meeting
the
3.0
g/
m2/
day
standard
must
be
certified
and
must
meet
all
applicable
requirements
other
than
those
limited
to
compliance
with
the
exhaust
standards.
(
2)
Tanks
for
which
compliance
with
the
1.5
g/
m2/
day
standard
is
delayed
must
meet
the
3.0
g/
m2/
day
standard.
(
3)
You
may
delay
compliance
with
the
1.5
g/
m2/
day
standard
for
one
tank
for
one
year
for
each
tank­
year
of
credit
generated
early.
(
4)
You
may
not
use
credits
for
a
tank
that
is
larger
than
the
tank
from
which
you
generated
the
credits.

Subpart
C
 
Certifying
Engine
Families
§
1051.201
What
are
the
general
requirements
for
submitting
a
certification
application?

(
a)
Send
us
an
application
for
a
certificate
of
conformity
for
each
engine
family.
Each
application
is
valid
for
only
one
model
year.
(
b)
The
application
must
not
include
false
or
incomplete
statements
or
information
(
see
§
1051.255).
(
c)
We
may
choose
to
ask
you
to
send
us
less
information
than
we
specify
in
this
subpart,
but
this
would
not
change
your
recordkeeping
requirements.
(
d)
Use
good
engineering
judgment
for
all
decisions
related
to
your
application
(
see
§
1068.5
of
this
chapter).
(
e)
An
authorized
representative
of
your
company
must
approve
and
sign
the
application.

§
1051.205
What
must
I
include
in
my
application?

In
your
application,
do
all
the
following
things
unless
we
ask
you
to
send
us
less
information:
(
a)
Describe
the
engine
family's
specifications
and
other
basic
parameters
of
the
vehicle
design.
List
the
types
of
fuel
you
intend
to
use
to
certify
the
engine
family
(
for
example,
gasoline,
liquefied
petroleum
gas,
methanol,
or
natural
gas).
List
vehicle
configurations
and
model
names
that
are
included
in
the
engine
family.
(
b)
Explain
how
the
emission­
control
systems
operate.
(
1)
Describe
in
detail
all
the
system
components
for
controlling
exhaust
emissions,
including
auxiliary
emissioncontrol
devices
and
all
fuel­
system
components
you
will
install
on
any
production
or
test
vehicle
or
engine.
Explain
why
any
auxiliary
emissioncontrol
devices
are
not
defeat
devices
(
see
§
1051.115(
f)).
Do
not
include
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Vol.
67,
No.
217
/
Friday,
November
8,
2002
/
Rules
and
Regulations
detailed
calibrations
for
components
unless
we
ask
for
them.
(
2)
Describe
the
evaporative
emission
controls.
(
c)
Describe
the
vehicles
or
engines
you
selected
for
testing
and
the
reasons
for
selecting
them.
(
d)
Describe
any
special
or
alternate
test
procedures
you
used
(
see
§
1051.501).
(
e)
Describe
how
you
operated
the
engine
or
vehicle
prior
to
testing,
including
the
duty
cycle
and
the
number
of
engine
operating
hours
used
to
stabilize
emission
levels,
and
any
scheduled
maintenance
you
performed.
(
f)
List
the
specifications
of
the
test
fuels
to
show
that
they
fall
within
the
required
ranges.
(
g)
Identify
the
engine
family's
useful
life.
(
h)
Propose
maintenance
and
use
instructions
for
the
ultimate
buyer
of
each
new
vehicle
(
see
§
1051.125).
(
i)
Propose
emission­
related
installation
instructions
if
you
sell
engines
for
someone
else
to
install
in
a
vehicle
(
see
§
1051.130).
(
j)
Propose
an
emission
control
information
label.
(
k)
Present
emission
data
to
show
that
you
meet
emission
standards.
(
1)
Present
exhaust
emission
data
for
HC,
NOX
(
as
applicable),
and
CO
on
a
test
vehicle
or
engine
to
show
your
vehicles
meet
the
emission
standards
we
specify
in
subpart
B
of
this
part.
Show
these
figures
before
and
after
applying
deterioration
factors
for
each
vehicle
or
engine.
Include
test
data
for
each
type
of
fuel
from
part
1065,
subpart
C,
of
this
chapter
on
which
you
intend
for
vehicles
in
the
engine
family
to
operate
(
for
example,
gasoline,
liquefied
petroleum
gas,
methanol,
or
natural
gas).
If
we
specify
more
than
one
grade
of
any
fuel
type
(
for
example,
a
summer
grade
and
winter
grade
of
gasoline),
you
only
need
to
submit
test
data
for
one
grade,
unless
the
regulations
of
this
part
explicitly
specify
otherwise
for
your
vehicle.
(
2)
Present
evaporative
test
data
for
HC
to
show
your
vehicles
meet
the
evaporative
emission
standards
we
specify
in
subpart
B
of
this
part.
Show
these
figures
before
and
after
applying
deterioration
factors
for
each
vehicle
or
engine,
where
applicable.
If
you
did
not
perform
the
testing,
identify
the
source
of
the
test
data.
(
3)
Note
that
§
1051.235
and
1051.245
allows
you
to
submit
an
application
in
certain
cases
without
new
emission
data.
(
l)
Report
all
test
results,
including
those
from
invalid
tests
or
from
any
nonstandard
tests
(
such
as
measurements
based
on
exhaust
concentrations
in
parts
per
million).
(
m)
Identify
the
engine
family's
deterioration
factors
and
describe
how
you
developed
them.
Present
any
emission
test
data
you
used
for
this.
(
n)
Describe
all
adjustable
operating
parameters
and
other
adjustments
(
see
§
1051.115
(
c)
and
(
d)),
including
the
following:
(
1)
The
nominal
or
recommended
setting.
(
2)
The
intended
physically
adjustable
range,
including
production
tolerances
if
they
affect
the
range.
(
3)
The
limits
or
stops
used
to
establish
adjustable
ranges.
(
4)
The
air­
fuel
ratios
or
jet
chart
specified
in
§
1051.115(
d).
(
o)
State
that
you
operated
your
test
vehicles
or
engines
according
to
the
specified
procedures
and
test
parameters
using
the
fuels
described
in
the
application
to
show
you
meet
the
requirements
of
this
part.
(
p)
State
unconditionally
that
all
the
vehicles
(
and/
or
engines)
in
the
engine
family
comply
with
the
requirements
of
this
part,
other
referenced
parts,
and
the
Clean
Air
Act.
(
q)
Include
estimates
of
U.
S.­
directed
production
volumes.
(
r)
Show
us
how
to
modify
your
production
vehicles
to
measure
emissions
in
the
field
(
see
§
1051.115).
(
s)
Add
other
information
to
help
us
evaluate
your
application
if
we
ask
for
it.

§
1051.210
May
I
get
preliminary
approval
before
I
complete
my
application?

If
you
send
us
information
before
you
finish
the
application,
we
will
review
it
and
make
any
appropriate
determinations
listed
in
§
1051.215(
b)(
1)
through
(
5).
Decisions
made
under
this
section
are
considered
to
be
preliminary
approval.
We
will
generally
not
disapprove
applications
under
§
1051.215(
b)(
1)
through
(
5)
where
we
have
given
you
preliminary
approval,
unless
we
find
new
and
substantial
information
supporting
a
different
decision.
(
a)
If
you
request
preliminary
approval
related
to
the
upcoming
model
year
or
the
model
year
after
that,
we
will
make
a
``
best­
efforts''
attempt
to
make
the
appropriate
determinations
as
soon
as
possible.
We
will
generally
not
provide
preliminary
approval
related
to
a
future
model
year
more
than
two
years
ahead
of
time.
(
b)
If
we
have
published
general
guidance
that
serves
as
our
determination
for
your
situation,
you
may
consider
that
to
be
preliminary
approval.
§
1051.215
What
happens
after
I
complete
my
application?

(
a)
If
any
of
the
information
in
your
application
changes
after
you
submit
it,
amend
it
as
described
in
§
1051.225.
(
b)
We
may
deny
your
application
(
that
is,
determine
that
we
cannot
approve
it
without
revision)
if
the
engine
family
does
not
meet
the
requirements
of
this
part
or
the
Act.
For
example:
(
1)
If
you
inappropriately
use
the
provisions
of
§
1051.230(
c)
or
(
d)
to
define
a
broader
or
narrower
engine
family,
we
will
require
you
to
redefine
your
engine
family.
(
2)
If
we
determine
you
did
not
appropriately
select
the
useful
life
as
specified
in
§
1051.103(
c),
§
1051.105(
c),
or
§
1051.107(
c),
we
will
require
you
to
lengthen
it.
(
3)
If
we
determine
you
did
not
appropriately
select
deterioration
factors
under
§
1051.240(
c),
we
will
require
you
to
revise
them.
(
4)
If
your
proposed
emission
control
information
label
is
inconsistent
with
§
1051.135,
we
will
require
you
to
change
it
(
and
tell
you
how,
if
possible).
(
5)
If
you
require
or
recommend
maintenance
and
use
instructions
inconsistent
with
§
1051.125,
we
will
require
you
to
change
them.
(
6)
If
we
find
any
other
problem
with
your
application,
we
will
tell
you
what
the
problem
is,
and
what
needs
to
be
corrected.
(
c)
If
we
determine
your
application
is
complete
and
shows
that
the
engine
family
meets
all
the
requirements
of
this
part
and
the
Act,
we
will
issue
a
certificate
of
conformity
for
your
engine
family
for
that
model
year.
If
we
deny
the
application,
we
will
explain
why
in
writing.
You
may
then
ask
us
to
hold
a
hearing
to
reconsider
our
decision
(
see
§
1051.820).

§
1051.220
How
do
I
amend
the
maintenance
instructions
in
my
application?

Send
the
Designated
Officer
a
request
to
amend
your
application
for
certification
for
an
engine
family
if
you
want
to
change
the
emission­
related
maintenance
instructions
in
a
way
that
could
affect
emissions.
In
your
request,
describe
the
proposed
changes
to
the
maintenance
instructions.
(
a)
If
you
are
decreasing
the
specified
level
of
maintenance,
you
may
distribute
the
new
maintenance
instructions
to
your
customers
30
days
after
we
receive
your
request,
unless
we
disapprove
your
request.
We
may
approve
a
shorter
time
or
waive
this
requirement.
(
b)
If
your
requested
change
would
not
decrease
the
specified
level
of
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Federal
Register
/
Vol.
67,
No.
217
/
Friday,
November
8,
2002
/
Rules
and
Regulations
maintenance,
you
may
distribute
the
new
maintenance
instructions
anytime
after
you
send
your
request.
(
c)
If
you
are
correcting
or
clarifying
your
maintenance
instructions
or
if
you
are
changing
instructions
for
maintenance
unrelated
to
emission
controls,
the
requirements
of
this
section
do
not
apply.

§
1051.225
How
do
I
amend
my
application
to
include
new
or
modified
vehicles
or
to
change
an
FEL?

(
a)
You
must
amend
your
application
for
certification
before
you
take
either
of
the
following
actions:
(
1)
Add
a
vehicle
to
a
certificate
of
conformity.
(
2)
Make
a
design
change
for
a
certified
engine
family
that
may
affect
emissions
or
an
emission­
related
part
over
the
vehicle's
lifetime.
(
3)
Modify
an
FEL
for
an
engine
family,
as
described
in
paragraph
(
f)
of
this
section.
(
b)
Send
the
Designated
Officer
a
request
to
amend
the
application
for
certification
for
an
engine
family.
In
your
request,
do
all
of
the
following:
(
1)
Describe
the
vehicle
model
or
configuration
you
are
adding
or
changing.
(
2)
Include
engineering
evaluations
or
reasons
why
the
original
test
vehicle
or
engine
is
or
is
not
still
appropriate.
(
3)
If
the
original
test
vehicle
or
engine
for
the
engine
family
is
not
appropriate
to
show
compliance
for
the
new
or
modified
vehicle,
include
new
test
data
showing
that
the
new
or
modified
vehicle
meets
the
requirements
of
this
part.
(
c)
You
may
start
producing
the
new
or
modified
vehicle
anytime
after
the
time
at
which
you
send
us
your
request
(
for
example,
the
day
you
mail
your
request).
If
we
determine
that
the
affected
vehicles
do
not
meet
applicable
requirements,
we
will
require
you
to
cease
production
of
the
vehicles
and
to
recall
and
correct
the
vehicles
at
no
expense
to
the
owner.
If
you
choose
to
produce
vehicles
under
this
paragraph,
we
will
consider
that
to
be
consent
to
recall
all
vehicles
that
we
determine
do
not
meet
applicable
standards
and
other
requirements
and
to
remedy
the
nonconformity
at
no
expense
to
the
owner.
(
d)
You
must
give
us
test
data
within
30
days
if
we
ask
for
more
testing,
or
stop
producing
the
vehicle
if
you
are
not
able
to
do
this.
You
may
give
us
an
engineering
evaluation
instead
of
test
data
if
we
agree
that
you
can
address
our
questions
without
test
data.
(
e)
If
we
determine
that
the
certificate
of
conformity
would
not
cover
your
new
or
modified
vehicle,
we
will
send
you
a
written
explanation
of
our
decision.
In
this
case,
you
may
no
longer
produce
these
vehicles,
though
you
may
ask
for
a
hearing
for
us
to
reconsider
our
decision
(
see
§
1051.820).
(
f)
You
may
ask
to
change
your
FEL
in
the
following
cases:
(
1)
You
may
ask
to
raise
your
FEL
for
your
engine
family
after
the
start
of
production.
You
must
use
the
higher
FEL
for
the
entire
family
to
calculate
your
average
emission
level
under
subpart
H
of
this
part.
In
your
request,
you
must
demonstrate
that
you
will
still
be
able
to
comply
with
the
applicable
average
emission
standards
as
specified
in
subparts
B
and
H
of
this
part.
(
2)
You
may
ask
to
lower
the
FEL
for
your
engine
family
after
the
start
of
production
only
when
you
have
test
data
from
production
vehicles
indicating
that
your
vehicles
comply
with
the
lower
FEL.
You
may
create
a
separate
subfamily
with
the
lower
FEL.
Otherwise,
you
must
use
the
higher
FEL
for
the
family
to
calculate
your
average
emission
level
under
subpart
H
of
this
part.
(
3)
If
you
change
the
FEL
during
production,
you
must
include
the
new
FEL
on
the
emission
control
information
label
for
all
vehicles
produced
after
the
change.

§
1051.230
How
do
I
select
engine
families?

(
a)
Divide
your
product
line
into
families
of
vehicles
that
you
expect
to
have
similar
emission
characteristics.
Your
engine
family
is
limited
to
a
single
model
year.
(
b)
Group
vehicles
in
the
same
engine
family
if
they
are
the
same
in
all
of
the
following
aspects:
(
1)
The
combustion
cycle.
(
2)
The
cooling
system
(
water­
cooled
vs.
air­
cooled).
(
3)
Configuration
of
the
fuel
system
(
for
example,
port
fuel
injection
vs.
carburetion).
(
4)
Method
of
air
aspiration.
(
5)
The
number,
location,
volume,
and
composition
of
catalytic
converters.
(
6)
Type
of
fuel.
(
7)
The
number,
arrangement,
and
approximate
bore
diameter
of
cylinders.
(
8)
Evaporative
emission
controls.
(
c)
In
some
cases
you
may
subdivide
a
group
of
vehicles
that
is
identical
under
paragraph
(
b)
of
this
section
into
different
engine
families.
To
do
this
under
normal
circumstances,
you
must
show
you
expect
emission
characteristics
to
be
different
during
the
useful
life
or
that
any
of
the
following
engine
characteristics
are
different:
(
1)
Method
of
actuating
intake
and
exhaust
timing
(
poppet
valve,
reed
valve,
rotary
valve,
etc.).
(
2)
Location
or
size
of
intake
and
exhaust
valves
or
ports.
(
3)
Configuration
of
the
combustion
chamber.
(
4)
Cylinder
stroke
or
actual
bore
diameter.
(
5)
Exhaust
system.
(
d)
In
some
cases,
you
may
include
different
engines
in
the
same
engine
family,
even
though
they
are
not
identical
with
respect
to
the
things
listed
in
paragraph
(
b)
of
this
section.
(
1)
If
different
engines
have
similar
emission
characteristics
during
the
useful
life,
we
may
approve
grouping
them
in
the
same
engine
family.
(
2)
If
you
are
a
small­
volume
manufacturer,
you
may
group
engines
from
any
vehicles
subject
to
the
same
emission
standards
into
a
single
engine
family.
This
does
not
change
any
of
the
requirements
of
this
part
for
showing
that
an
engine
family
meets
emission
standards.
(
e)
If
you
cannot
appropriately
define
engine
families
by
the
method
in
this
section,
we
will
define
them
based
on
features
related
to
emission
characteristics.
(
f)
You
may
ask
us
to
create
separate
families
for
exhaust
emissions
and
evaporative
emissions.
If
we
do
this,
list
both
families
on
the
emission
control
information
label.

§
1051.235
What
emission
testing
must
I
perform
for
my
application
for
a
certificate
of
conformity?

This
section
describes
the
emission
testing
you
must
perform
to
show
compliance
with
the
emission
standards
in
subpart
B
of
this
part
during
certification.
(
a)
Test
your
emission­
data
vehicles
using
the
procedures
and
equipment
specified
in
subpart
F
of
this
part.
Where
specifically
required
or
allowed,
test
the
engine
instead
of
the
vehicle.
For
evaporative
emissions,
test
the
fuel
system
components
separate
from
the
vehicle.
(
b)
Select
from
each
engine
family
a
test
vehicle
or
engine,
and
a
fuel
system
for
each
fuel
type
with
a
configuration
that
is
most
likely
to
exceed
the
emission
standards,
using
good
engineering
judgment,
consider
the
emission
levels
of
all
exhaust
constituents
over
the
full
useful
life
of
the
vehicle.
(
c)
You
may
use
previously
generated
emission
data
in
the
following
cases:
(
1)
You
may
submit
emission
data
for
equivalent
engine
families
from
previous
years
instead
of
doing
new
tests,
but
only
if
the
data
show
that
the
test
vehicle
or
engine
would
meet
all
the
requirements
for
the
latest
vehicle
or
engine
models.
We
may
require
you
to
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/
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November
8,
2002
/
Rules
and
Regulations
do
new
emission
testing
if
we
believe
the
latest
vehicle
or
engine
models
could
be
substantially
different
from
the
previously
tested
vehicle
or
engine.
(
2)
You
may
submit
emission
data
for
equivalent
engine
families
performed
to
show
compliance
with
other
standards
(
such
as
California
standards)
instead
of
doing
new
tests,
but
only
if
the
data
show
that
the
test
vehicle
or
engine
would
meet
all
of
this
part's
requirements.
(
3)
You
may
submit
evaporative
emission
data
measured
by
a
fuel
system
supplier.
We
may
require
you
to
verify
that
the
testing
was
conducted
in
accordance
with
the
applicable
regulations.
(
d)
We
may
choose
to
measure
emissions
from
any
of
your
test
vehicles
or
engines
(
or
other
vehicles
or
engines
in
the
engine
family).
(
1)
If
we
do
this,
you
must
provide
the
test
vehicle
or
engine
at
the
location
we
select.
We
may
decide
to
do
the
testing
at
your
plant
or
any
other
facility.
If
we
choose
to
do
the
testing
at
your
plant,
you
must
schedule
it
as
soon
as
possible
and
make
available
the
instruments
and
equipment
we
need.
(
2)
If
we
measure
emissions
on
one
of
your
test
vehicles
or
engines,
the
results
of
that
testing
become
the
official
data
for
the
vehicle
or
engine.
Unless
we
later
invalidate
this
data,
we
may
decide
not
to
consider
your
data
in
determining
if
your
engine
family
meets
the
emission
standards.
(
3)
Before
we
test
one
of
your
vehicles
or
engines,
we
may
set
its
adjustable
parameters
to
any
point
within
the
physically
adjustable
ranges
(
see
§
1051.115(
c)).
We
may
also
adjust
the
air­
fuel
ratio
within
the
adjustable
range
specified
in
§
1051.115(
d).
(
4)
Calibrate
the
test
vehicle
or
engine
within
normal
production
tolerances
for
anything
not
covered
by
§
1051.115(
c)
and
(
d)
of
this
section.
(
e)
If
you
are
a
small­
volume
manufacturer,
you
may
certify
by
design
on
the
basis
of
preexisting
exhaust
emission
data
for
similar
technologies
and
other
relevant
information,
and
in
accordance
with
good
engineering
judgment.
In
those
cases,
you
are
not
required
to
test
your
vehicles.
This
is
called
``
design­
certification''
or
``
certifying
by
design.''
To
certify
by
design,
you
must
show
that
the
technology
used
on
your
engines
is
sufficiently
similar
to
the
previously
tested
technology
that
a
person
reasonably
familiar
with
emissioncontrol
technology
would
believe
that
your
engines
will
comply
with
the
emission
standards.
(
f)
For
fuel
tanks
that
are
certified
based
on
permeability
treatments
for
plastic
fuel
tanks,
you
do
not
need
to
test
each
engine
family.
However,
you
must
use
good
engineering
judgment
to
determine
permeation
rates
for
the
tanks.
This
requires
that
more
than
one
fuel
tank
be
tested
for
each
set
of
treatment
conditions.
You
may
not
use
test
data
from
a
given
tank
for
any
other
tanks
that
have
thinner
walls.
You
may,
however,
use
test
data
from
a
given
tank
for
other
tanks
that
have
thicker
walls.
This
applies
to
both
low­
hour
(
i.
e.,
baseline
testing)
and
durability
testing.
Note
that
§
1051.245
allows
you
to
use
design­
based
certification
instead
of
generating
new
emission
data.

§
1051.240
How
do
I
demonstrate
that
my
engine
family
complies
with
exhaust
emission
standards?
(
a)
For
certification,
your
engine
family
is
considered
to
be
in
compliance
with
the
numerical
exhaust
emission
standards
in
subpart
B
of
this
part
if
all
emission­
data
vehicles
representing
that
family
have
test
results
showing
emission
levels
at
or
below
the
standards.
(
b)
Your
engine
family
does
not
comply
if
any
emission­
data
vehicle
representing
that
family
has
test
results
showing
emission
levels
above
the
standards
for
any
pollutant.
(
c)
To
compare
emission
levels
from
the
emission­
data
vehicle
with
the
emission
standards,
apply
deterioration
factors
(
to
three
significant
figures)
to
the
measured
emission
levels.
The
deterioration
factor
is
a
number
that
shows
the
relationship
between
exhaust
emissions
at
the
end
of
useful
life
and
at
the
low­
hour
test
point.
Section
1051.520
specifies
how
to
test
your
vehicle
to
develop
deterioration
factors
that
estimate
the
change
in
emissions
over
your
vehicle's
full
useful
life.
Small­
volume
manufacturers
may
use
assigned
deterioration
factors
that
we
establish.
Apply
the
deterioration
factors
as
follows:
(
1)
For
vehicles
that
use
aftertreatment
technology,
such
as
catalytic
converters,
the
exhaust
deterioration
factor
is
the
ratio
of
exhaust
emissions
at
the
end
of
useful
life
to
exhaust
emissions
at
the
low­
hour
test
point.
Adjust
the
official
emission
results
for
each
tested
vehicle
at
the
selected
test
point
by
multiplying
the
measured
emissions
by
the
deterioration
factor.
If
the
factor
is
less
than
one,
use
one.
(
2)
For
vehicles
that
do
not
use
aftertreatment
technology,
the
exhaust
deterioration
factor
is
the
difference
between
exhaust
emissions
at
the
end
of
useful
life
and
exhaust
emissions
at
the
low­
hour
test
point.
Adjust
the
official
emission
results
for
each
tested
vehicle
at
the
selected
test
point
by
adding
the
factor
to
the
measured
emissions.
If
the
factor
is
less
than
zero,
use
zero.
(
d)
After
adjusting
the
emission
levels
for
deterioration,
round
them
to
the
same
number
of
decimal
places
as
the
emission
standard.
Compare
the
rounded
emission
levels
to
the
emission
standard
for
each
test
vehicle.

§
1051.245
How
do
I
demonstrate
that
my
engine
family
complies
with
evaporative
emission
standards?

(
a)
For
certification,
your
engine
family
is
considered
in
compliance
with
the
evaporative
emission
standards
in
subpart
B
of
this
part
if
you
do
either
of
the
following:
(
1)
You
have
test
results
showing
permeation
emission
levels
from
the
fuel
tanks
and
fuel
lines
in
the
family
are
at
or
below
the
standards
in
§
1051.110
throughout
the
useful
life.
(
2)
You
comply
with
the
design
specifications
in
paragraph
(
e)
of
this
section.
(
b)
Your
engine
family
does
not
comply
if
any
fuel
tank
or
fuel
line
representing
that
family
has
test
results
showing
emission
levels
above
the
standards.
(
c)
To
compare
emission
levels
with
the
emission
standards,
apply
deterioration
factors
(
to
three
significant
figures)
to
the
measured
emission
levels.
The
deterioration
factor
is
a
number
that
shows
the
relationship
between
emissions
at
the
end
of
useful
life
and
at
the
low­
hour
test
point.
For
permeation
emissions,
the
deterioration
factor
is
the
difference
between
evaporative
emissions
at
the
end
of
useful
life
and
evaporative
emissions
at
the
low­
hour
test
point.
Adjust
the
official
emission
results
for
each
tested
vehicle
at
the
selected
test
point
by
adding
the
factor
to
the
measured
emissions.
If
the
factor
is
less
than
zero,
use
zero.
(
1)
Section
1051.515
specifies
how
to
test
your
fuel
tanks
to
develop
deterioration
factors
that
estimate
the
change
in
emissions
over
your
vehicle's
full
useful
life.
Small­
volume
manufacturers
may
use
assigned
deterioration
factors
that
we
establish.
Apply
the
deterioration
factors
as
follows:
(
i)
Calculate
the
deterioration
factor
from
emission
tests
performed
before
and
after
the
durability
tests
described
in
§
1051.515(
c)
and
using
good
engineering
judgment.
The
durability
tests
described
in
§
1051.515(
c)
represent
the
minimum
requirements
for
determining
a
deterioration
factor.
You
may
not
use
a
deterioration
factor
that
is
less
than
the
difference
between
evaporative
emissions
before
and
after
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/
Vol.
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No.
217
/
Friday,
November
8,
2002
/
Rules
and
Regulations
the
durability
tests
described
in
§
1051.515(
c).
(
ii)
Do
not
apply
the
deterioration
factor
to
test
results
for
tanks
that
have
already
undergone
these
durability
tests.
(
2)
Determine
the
deterioration
factor
for
fuel
lines
using
good
engineering
judgment.
(
d)
After
adjusting
the
emission
levels
for
deterioration,
round
them
to
the
same
number
of
decimal
places
as
the
emission
standard.
Compare
the
rounded
emission
levels
to
the
emission
standard
for
each
test
vehicle.
(
e)
You
may
demonstrate
for
certification
that
your
engine
family
complies
with
the
evaporative
emission
standards
by
demonstrating
that
you
use
the
following
control
technologies:
(
1)
For
certification
to
the
standards
specified
in
§
1051.110(
a)
with
the
control
technologies
shown
in
the
following
table:

TABLE
1
OF
§
1051.245.
 
DESIGN­
CERTIFICATION
TECHNOLOGIES
FOR
CONTROLLING
TANK
PERMEATION
If
the
tank
permeability
control
technology
is
.
.
.
Then
you
may
design­
certify
with
a
tank
emission
level
of
.
.
.

(
i)
A
metal
fuel
tank
with
no
non­
metal
gaskets
or
with
gaskets
made
from
a
low­
permeability
material
1.
1.5
g/
m
2/
day.

(
ii)
A
metal
fuel
tank
with
non­
metal
gaskets
with
an
exposed
surface
area
of
1000
mm
2
or
less.
1.5
g/
m
2/
day.

1
Permeability
of
10
g/
m
2/
day
or
less
according
to
ASTM
D
814
 
95
(
incorporated
by
reference
in
§
1051.810).

(
2)
For
certification
to
the
standards
specified
in
§
1051.110(
b)
with
the
control
technologies
shown
in
the
following
table:

TABLE
2
OF
§
1051.245.
 
DESIGN­
CERTIFICATION
TECHNOLOGIES
FOR
CONTROLLING
FUEL­
LINE
PERMEATION
If
the
fuel­
line
permeability
control
technology
is
.
.
.
jennifer
Then
you
may
design­
certify
with
a
fuel
line
permeation
emission
level
of
.
.
.

(
i)
Hose
meeting
Category
1
permeation
specifications
in
SAE
J2260
(
incorporated
by
reference
in
§
1051.810).
15
g/
m2/
day.

(
ii)
Hose
meeting
the
R11
 
A
or
R12
permeation
specifications
in
SAE
J30
(
incorporated
by
reference
in
§
1051.810).
15
g/
m2/
day.

(
3)
We
may
establish
additional
design
certification
options
where
we
find
that
new
test
data
demonstrate
that
the
use
of
other
technology
designs
will
ensure
compliance
with
the
applicable
emission
standards.

§
1051.250
What
records
must
I
keep
and
make
available
to
EPA?
(
a)
Organize
and
maintain
the
following
records
to
keep
them
readily
available;
we
may
review
these
records
at
any
time:
(
1)
A
copy
of
all
applications
and
any
summary
information
you
sent
us.
(
2)
Any
of
the
information
we
specify
in
§
1051.205
that
you
did
not
include
in
your
application.
(
3)
A
detailed
history
of
each
emission­
data
vehicle.
In
each
history,
describe
all
of
the
following:
(
i)
The
emission­
data
vehicle's
construction,
including
its
origin
and
buildup,
steps
you
took
to
ensure
that
it
represents
production
vehicles,
any
components
you
built
specially
for
it,
and
all
emission­
related
components.
(
ii)
How
you
accumulated
vehicle
or
engine
operating
hours,
including
the
dates
and
the
number
of
hours
accumulated.
(
iii)
All
maintenance
(
including
modifications,
parts
changes,
and
other
service)
and
the
dates
and
reasons
for
the
maintenance.
(
iv)
All
your
emission
tests,
including
documentation
on
routine
and
standard
tests,
as
specified
in
part
1065
of
this
chapter
or
other
applicable
test
procedures
regulations,
and
the
date
and
purpose
of
each
test.
(
v)
All
tests
to
diagnose
engine
or
emission­
control
performance,
giving
the
date
and
time
of
each
and
the
reasons
for
the
test.
(
vi)
Any
other
significant
events.
(
b)
Keep
routine
data
from
emission
tests
(
such
as
test
cell
temperatures
and
relative
humidity
readings)
for
one
year
after
we
issue
the
associated
certificate
of
conformity.
Keep
all
other
information
specified
in
paragraph
(
a)
of
this
section
for
eight
years
after
we
issue
your
certificate.
(
c)
Store
these
records
in
any
format
and
on
any
media,
as
long
as
you
can
promptly
send
us
organized,
written
records
in
English
if
we
ask
for
them.
(
d)
Send
us
copies
of
any
maintenance
instructions
or
explanations
if
we
ask
for
them.

§
1051.255
When
may
EPA
deny,
revoke,
or
void
my
certificate
of
conformity?
(
a)
We
may
deny
your
application
for
certification
if
your
engine
family
fails
to
comply
with
emission
standards
or
other
requirements
of
the
regulation
or
the
Act.
Our
decision
may
be
based
on
any
information
available
to
us
showing
you
do
not
meet
emission
standards
or
other
requirements,
including
any
testing
that
we
conduct
under
paragraph
(
g)
of
this
section.
If
we
deny
your
application,
we
will
explain
why
in
writing.
(
b)
In
addition,
we
may
deny
your
application
or
revoke
your
certificate
if
you
do
any
of
the
following:
(
1)
Refuse
to
comply
with
any
testing
or
reporting
requirements.
(
2)
Submit
false
or
incomplete
information
(
paragraph
(
d)
of
this
section
applies
if
this
is
fraudulent).
(
3)
Render
inaccurate
any
test
data.
(
4)
Deny
us
from
completing
authorized
activities
despite
our
presenting
a
warrant
or
court
order
(
see
§
1068.20
of
this
chapter).
(
5)
Produce
vehicle
or
engines
for
importation
into
the
United
States
at
a
location
where
local
law
prohibits
us
from
carrying
out
authorized
activities.
(
c)
We
may
void
your
certificate
if
you
do
not
keep
the
records
we
require
or
do
not
give
us
information
when
we
ask
for
it.
(
d)
We
may
void
your
certificate
if
we
find
that
you
intentionally
submitted
false
or
incomplete
information.
(
e)
We
may
void
your
certificate
for
any
family
certified
to
an
FEL
above
the
allowable
average
if
you
fail
to
show
in
your
end­
of­
year
report
that
your
average
emission
levels
are
below
the
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Federal
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/
Vol.
67,
No.
217
/
Friday,
November
8,
2002
/
Rules
and
Regulations
applicable
standards
in
subpart
B
of
this
part,
or
that
you
have
sufficient
credits
to
offset
a
credit
deficit
for
the
model
year.
(
f)
If
we
deny
your
application
or
revoke
or
void
your
certificate,
you
may
ask
for
a
hearing
(
see
§
1051.820).
Any
such
hearing
will
be
limited
to
substantial
and
factual
issues.
(
g)
We
may
conduct
confirmatory
testing
of
your
vehicles
as
part
of
certification.
We
may
deny
your
application
for
certification
or
revoke
your
certificate
if
your
vehicles
fail
to
comply
with
emission
standards
or
other
requirements
during
confirmatory
testing.

Subpart
D
 
Testing
Production­
line
Engines
§
1051.301
When
must
I
test
my
production­
line
vehicles
or
engines?

(
a)
If
you
certify
vehicles
to
the
standards
of
this
part,
you
must
test
them
as
described
in
this
subpart.
If
your
vehicle
is
certified
to
g/
kW­
hr
standards,
then
test
the
engine;
otherwise,
test
the
vehicle.
The
provisions
of
this
subpart
do
not
apply
to
small­
volume
manufacturers.
(
b)
We
may
suspend
or
revoke
your
certificate
of
conformity
for
certain
engine
families
if
your
production­
line
vehicles
or
engines
do
not
meet
the
requirements
of
this
part
or
you
do
not
fulfill
your
obligations
under
this
subpart
(
see
§
§
1051.325
and
1051.340).
(
c)
Other
requirements
apply
to
vehicles
and
engines
that
you
produce.
Other
regulatory
provisions
authorize
us
to
suspend,
revoke,
or
void
your
certificate
of
conformity,
or
order
recalls
for
engines
families
without
regard
to
whether
they
have
passed
these
production­
line
testing
requirements.
The
requirements
of
this
subpart
do
not
affect
our
ability
to
do
selective
enforcement
audits,
as
described
in
part
1068
of
this
chapter.
Individual
vehicles
and
engines
in
families
that
pass
these
production­
line
testing
requirements
must
also
conform
to
all
applicable
regulations
of
this
part
and
part
1068
of
this
chapter.
(
d)
You
may
ask
to
use
an
alternate
program
for
testing
production­
line
vehicles
or
engines.
In
your
request,
you
must
show
us
that
the
alternate
program
gives
equal
assurance
that
your
products
meet
the
requirements
of
this
part.
If
we
approve
your
alternate
program,
we
may
waive
some
or
all
of
this
subpart's
requirements.
(
e)
If
you
certify
an
engine
family
with
carryover
emission
data,
as
described
in
§
1051.235(
c),
and
these
equivalent
engine
families
consistently
pass
the
production­
line
testing
requirements
over
the
preceding
two­
year
period,
you
may
ask
for
a
reduced
testing
rate
for
further
production­
line
testing
for
that
family.
The
minimum
testing
rate
is
one
vehicle
or
engine
per
engine
family.
If
we
reduce
your
testing
rate,
we
may
limit
our
approval
to
a
any
number
of
model
years.
In
determining
whether
to
approve
your
request,
we
may
consider
the
number
of
vehicles
or
engines
that
have
failed
the
emission
tests.
(
f)
We
may
ask
you
to
make
a
reasonable
number
of
production­
line
vehicles
or
engines
available
for
a
reasonable
time
so
we
can
test
or
inspect
them
for
compliance
with
the
requirements
of
this
part.
(
g)
The
requirements
of
this
subpart
do
not
apply
to
engine
families
certified
under
the
provisions
of
§
1051.630.

§
1051.305
How
must
I
prepare
and
test
my
production­
line
vehicles
or
engines?

(
a)
Test
procedures.
Test
your
production­
line
vehicles
or
engines
using
the
applicable
testing
procedures
in
subpart
F
of
this
part
to
show
you
meet
the
emission
standards
in
subpart
B
of
this
part.
(
b)
Modifying
a
test
vehicle
or
engine.
Once
a
vehicle
or
engine
is
selected
for
testing
(
see
§
1051.310),
you
may
adjust,
repair,
prepare,
or
modify
it
or
check
its
emissions
only
if
one
of
the
following
is
true:
(
1)
You
document
the
need
for
doing
so
in
your
procedures
for
assembling
and
inspecting
all
your
production
vehicles
or
engines
and
make
the
action
routine
for
all
the
vehicles
or
engines
in
the
engine
family.
(
2)
This
subpart
otherwise
specifically
allows
your
action.
(
3)
We
approve
your
action
in
advance.
(
c)
Malfunction.
If
a
vehicle
or
engine
malfunction
prevents
further
emission
testing,
ask
us
to
approve
your
decision
to
either
repair
it
or
delete
it
from
the
test
sequence.
(
d)
Setting
adjustable
parameters.
Before
any
test,
we
may
adjust
or
require
you
to
adjust
any
adjustable
parameter
to
any
setting
within
its
physically
adjustable
range.
(
1)
We
may
adjust
idle
speed
outside
the
physically
adjustable
range
as
needed
only
until
the
vehicle
or
engine
has
stabilized
emission
levels
(
see
paragraph
(
e)
of
this
section).
We
may
ask
you
for
information
needed
to
establish
an
alternate
minimum
idle
speed.
(
2)
We
may
make
or
specify
adjustments
within
the
physically
adjustable
range
by
considering
their
effect
on
emission
levels,
as
well
as
how
likely
it
is
someone
will
make
such
an
adjustment
with
in­
use
vehicles.
(
3)
We
may
adjust
the
air­
fuel
ratio
within
the
adjustable
range
specified
in
§
1051.115(
d).
(
e)
Stabilizing
emission
levels.
Before
you
test
production­
line
vehicles
or
engines,
you
may
operate
the
vehicle
or
engine
to
stabilize
the
emission
levels.
Using
good
engineering
judgment,
operate
your
vehicles
or
engines
in
a
way
that
represents
the
way
they
will
be
used.
You
may
operate
each
vehicle
or
engine
for
no
more
than
the
greater
of
two
periods:
(
1)
50
hours.
(
2)
The
number
of
hours
you
operated
the
emission­
data
vehicle
used
for
certifying
the
engine
family
(
see
40
CFR
part
1065,
subpart
E,
or
the
applicable
regulations
governing
how
you
should
prepare
your
test
vehicle
or
engine).
(
f)
Damage
during
shipment.
If
shipping
a
vehicle
or
engine
to
a
remote
facility
for
production­
line
testing
makes
necessary
an
adjustment
or
repair,
you
must
wait
until
after
the
after
the
initial
emission
test
to
do
this
work.
We
may
waive
this
requirement
if
the
test
would
be
impossible
or
unsafe,
or
if
it
would
permanently
damage
the
vehicle
or
engine.
Report
to
us,
in
your
written
report
under
§
1051.345,
all
adjustments
or
repairs
you
make
on
test
vehicles
or
engines
before
each
test.
(
g)
Retesting
after
invalid
tests.
You
may
retest
a
vehicle
or
engine
if
you
determine
an
emission
test
is
invalid.
Explain
in
your
written
report
reasons
for
invalidating
any
test
and
the
emission
results
from
all
tests.
If
you
retest
a
vehicle
or
engine,
you
may
ask
us
to
substitute
results
of
the
new
tests
for
the
original
ones.
You
must
ask
us
within
ten
days
of
testing.
We
will
generally
answer
within
ten
days
after
we
receive
your
information.

§
1051.310
How
must
I
select
vehicles
or
engines
for
production­
line
testing?

(
a)
Use
test
results
from
two
vehicles
or
engines
for
each
engine
family
to
calculate
the
required
sample
size
for
the
test
period.
Update
this
calculation
with
each
test.
(
1)
For
engine
families
with
projected
annual
sales
of
at
least
1600,
the
test
periods
are
consecutive
quarters
(
3
months).
If
your
annual
production
period
is
less
than
12
months
long,
define
your
test
periods
by
dividing
your
annual
production
period
into
approximately
equal
segments
of
70
to
125
calendar
days.
(
2)
For
engine
families
with
projected
annual
sales
below
1600,
the
test
period
is
the
whole
model
year.
(
b)
Early
in
each
test
period,
randomly
select
and
test
an
engine
from
the
end
of
the
assembly
line
for
each
engine
family.

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8,
2002
/
Rules
and
Regulations
(
1)
In
the
first
test
period
for
newly
certified
engines,
randomly
select
and
test
one
more
engine.
Then,
calculate
the
required
sample
size
for
the
test
period
as
described
in
paragraph
(
c)
of
this
section.
(
2)
In
later
test
periods
or
for
engine
families
relying
on
previously
submitted
test
data,
combine
the
new
test
result
with
the
last
test
result
from
the
previous
test
period.
Then,
calculate
the
required
sample
size
for
the
new
test
period
as
described
in
paragraph
(
c)
of
this
section.
(
c)
Calculate
the
required
sample
size
for
each
engine
family.
Separately
calculate
this
figure
for
HC,
NOX
(
or
HC+
NOX),
and
CO
(
and
other
regulated
pollutants).
The
required
sample
size
is
the
greater
of
these
calculated
values.
Use
the
following
equation:

N
t
x
=
×
 
 
 
 
 
 
 
+
(

(
95
2
1
 
STD)

Where:
N
=
Required
sample
size
for
the
model
year.
t95
=
95%
confidence
coefficient,
which
depends
on
the
number
of
tests
completed,
n,
as
specified
in
the
table
in
paragraph
(
c)(
1)
of
this
section.
It
defines
95%
confidence
intervals
for
a
one­
tail
distribution.
x
=
Mean
of
emission
test
results
of
the
sample.
STD
=
Emission
standard
(
or
family
emission
limit,
if
applicable).
s
=
Test
sample
standard
deviation
(
see
paragraph
(
c)(
2)
of
this
section).
(
1)
Determine
the
95%
confidence
coefficient,
t95,
from
the
following
table:

n
t95
n
t95
n
t95
2
6.31
12
1.80
22
1.72
3
2.92
13
1.78
23
1.72
4
2.35
14
1.77
24
1.71
5
2.13
15
1.76
25
1.71
6
2.02
16
1.75
26
1.71
7
1.94
17
1.75
27
1.71
8
1.90
18
1.74
28
1.70
9
1.86
19
1.73
29
1.70
10
1.83
20
1.73
30+
1.70
11
1.81
21
1.72
............................
...........................................

(
2)
Calculate
the
standard
deviation,
s,
for
the
test
sample
using
the
following
formula:

 
=
 
 
 (
Xi
x)

n
2
1
Where:
Xi
=
Emission
test
result
for
an
individual
vehicle
or
engine.
n
=
The
number
of
tests
completed
in
an
engine
family.
(
d)
Use
final
deteriorated
test
results
to
calculate
the
variables
in
the
equations
in
paragraph
(
c)
of
this
section
(
see
§
1051.315(
a)).
(
e)
After
each
new
test,
recalculate
the
required
sample
size
using
the
updated
mean
values,
standard
deviations,
and
the
appropriate
95­
percent
confidence
coefficient.
(
f)
Distribute
the
remaining
vehicle
or
engine
tests
evenly
throughout
the
rest
of
the
year.
You
may
need
to
adjust
your
schedule
for
selecting
vehicles
or
engines
if
the
required
sample
size
changes.
Continue
to
randomly
select
vehicles
or
engines
from
each
engine
family;
this
may
involve
testing
vehicles
or
engines
that
operate
on
different
fuels.
(
g)
Continue
testing
any
engine
family
for
which
the
sample
mean,
x,
is
greater
than
the
emission
standard.
This
applies
if
the
sample
mean
for
either
HC,
NOX
(
or
HC+
NOX),
or
CO
(
or
other
regulated
pollutants)
is
greater
than
the
emission
standard.
Continue
testing
until
one
of
the
following
things
happens:
(
1)
The
sample
size,
n,
for
an
engine
family
is
greater
than
the
required
sample
size,
N,
and
the
sample
mean,
x,
is
less
than
or
equal
to
the
emission
standard.
For
example,
if
N
=
3.1
after
the
third
test,
the
sample­
size
calculation
does
not
allow
you
to
stop
testing.
(
2)
The
engine
family
does
not
comply
according
to
§
1051.325.
(
3)
You
test
30
vehicles
or
engines
from
the
engine
family.
(
4)
You
test
one
percent
of
your
projected
annual
U.
S.­
directed
production
volume
for
the
engine
family.
(
5)
You
choose
to
declare
that
the
engine
family
fails
the
requirements
of
this
subpart.
(
h)
If
the
sample­
size
calculation
allows
you
to
stop
testing
for
a
pollutant,
you
must
continue
measuring
emission
levels
of
that
pollutant
for
any
additional
tests
required
under
this
section.
However,
you
need
not
continue
making
the
calculations
specified
in
this
section
for
that
pollutant.
This
paragraph
does
not
affect
the
requirements
in
section
§
1051.320.
(
i)
You
may
elect
to
test
more
randomly
chosen
vehicles
or
engines
than
we
require.
Include
these
vehicles
or
engines
in
the
sample­
size
calculations.

§
1051.315
How
do
I
know
when
my
engine
family
fails
the
production­
line
testing
requirements?
This
section
describes
the
pass­
fail
criteria
for
the
production­
line
testing
requirements.
We
apply
this
criteria
on
an
engine
family
basis.
See
§
1051.320
for
the
requirements
that
apply
to
individual
vehicles
or
engines
that
fail
a
production­
line
test.
(
a)
Calculate
your
test
results.
Round
them
to
the
number
of
decimal
places
in
the
emission
standard
expressed
to
one
more
decimal
place.
(
1)
Initial
and
final
test
results.
Calculate
and
round
the
test
results
for
each
vehicle
or
engine.
If
you
do
several
tests
on
a
vehicle
or
engine,
calculate
the
initial
test
results,
then
add
them
together
and
divide
by
the
number
of
tests
and
round
for
the
final
test
results
on
that
vehicle
or
engine.
(
2)
Final
deteriorated
test
results.
Apply
the
deterioration
factor
for
the
engine
family
to
the
final
test
results
(
see
§
1051.240(
c)).
(
b)
Construct
the
following
CumSum
Equation
for
each
engine
family
for
HC,
NOX
(
or
HC+
NOX),
and
CO
emissions
(
and
other
regulated
pollutants):

C
X
(
STD
i
­
1
i
=
+
 
+
×
Ci
0
25
.
)
 
Where:
Ci
=
The
current
CumSum
statistic.
Ci
 
1
=
The
previous
CumSum
statistic.
For
the
first
test,
the
CumSum
statistic
is
0
(
i.
e.
C1
=
0).
Xi
=
The
current
emission
test
result
for
an
individual
vehicle
or
engine.
STD
=
Emission
standard.
(
c)
Use
final
deteriorated
test
results
to
calculate
the
variables
in
the
equation
in
paragraph
(
b)
of
this
section
(
see
§
1051.315(
a)).
(
d)
After
each
new
test,
recalculate
the
CumSum
statistic.

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68396
Federal
Register
/
Vol.
67,
No.
217
/
Friday,
November
8,
2002
/
Rules
and
Regulations
(
e)
If
you
test
more
than
the
required
number
of
vehicles
or
engines,
include
the
results
from
these
additional
tests
in
the
CumSum
Equation.
(
f)
After
each
test,
compare
the
current
CumSum
statistic,
Ci,
to
the
recalculated
Action
Limit,
H,
defined
as
H
=
5.0
×
s.
(
g)
If
the
CumSum
statistic
exceeds
the
Action
Limit
in
two
consecutive
tests,
the
engine
family
fails
the
production­
line
testing
requirements
of
this
subpart.
Tell
us
within
ten
working
days
if
this
happens.
You
may
request
to
amend
the
application
for
certification
to
raise
the
FEL
of
the
engine
family
at
this
point
if
you
meet
the
requirements
of
§
1051.225(
f).
(
h)
If
you
amend
the
application
for
certification
for
an
engine
family
under
§
1051.225,
do
not
change
any
previous
calculations
of
sample
size
or
CumSum
statistics
for
the
model
year.

§
1051.320
What
happens
if
one
of
my
production­
line
vehicles
or
engines
fails
to
meet
emission
standards?

(
a)
If
you
have
a
production­
line
vehicle
or
engine
with
final
deteriorated
test
results
exceeding
one
or
more
emission
standards
(
see
§
1051.315(
a)),
the
certificate
of
conformity
is
automatically
suspended
for
that
failing
vehicle
or
engine.
You
must
take
the
following
actions
before
your
certificate
of
conformity
can
cover
that
vehicle
or
engine:
(
1)
Correct
the
problem
and
retest
the
vehicle
or
engine
to
show
it
complies
with
all
emission
standards.
(
2)
Include
in
your
written
report
a
description
of
the
test
results
and
the
remedy
for
each
vehicle
or
engine
(
see
§
1051.345).
(
b)
You
may
request
to
amend
the
application
for
certification
to
raise
the
FEL
of
the
entire
engine
family
at
this
point
(
see
§
1051.225).

§
1051.325
What
happens
if
an
engine
family
fails
the
production­
line
requirements?

(
a)
We
may
suspend
your
certificate
of
conformity
for
an
engine
family
if
it
fails
under
§
1051.315.
The
suspension
may
apply
to
all
facilities
producing
vehicles
or
engines
from
an
engine
family,
even
if
you
find
noncompliant
vehicles
or
engines
only
at
one
facility.
(
b)
We
will
tell
you
in
writing
if
we
suspend
your
certificate
in
whole
or
in
part.
We
will
not
suspend
a
certificate
until
at
least
15
days
after
the
engine
family
fails.
The
suspension
is
effective
when
you
receive
our
notice.
(
c)
Up
to
15
days
after
we
suspend
the
certificate
for
an
engine
family,
you
may
ask
for
a
hearing
(
see
§
1051.820).
If
we
agree
before
a
hearing
that
we
used
erroneous
information
in
deciding
to
suspend
the
certificate,
we
will
reinstate
the
certificate.
(
d)
Section
1051.335
specifies
steps
you
must
take
to
remedy
the
cause
of
the
production­
line
failure.
All
the
vehicles
you
have
produced
since
the
end
of
the
last
test
period
are
presumed
noncompliant
and
should
be
addressed
in
your
proposed
remedy.
We
may
require
you
to
apply
the
remedy
to
engines
produced
earlier
if
we
determine
that
the
cause
of
the
failure
is
likely
to
have
affected
the
earlier
engines.
(
e)
You
may
request
to
amend
the
application
for
certification
to
raise
the
FEL
of
the
engine
family
before
or
after
we
suspend
your
certificate
if
you
meet
the
requirements
of
§
1051.225(
f).

§
1051.330
May
I
sell
vehicles
from
an
engine
family
with
a
suspended
certificate
of
conformity?
You
may
sell
vehicles
that
you
produce
after
we
suspend
the
engine
family's
certificate
of
conformity
under
§
1051.315
only
if
one
of
the
following
occurs:
(
a)
You
test
each
vehicle
or
engine
you
produce
and
show
it
complies
with
emission
standards
that
apply.
(
b)
We
conditionally
reinstate
the
certificate
for
the
engine
family.
We
may
do
so
if
you
agree
to
recall
all
the
affected
vehicles
and
remedy
any
noncompliance
at
no
expense
to
the
owner
if
later
testing
shows
that
the
engine
family
still
does
not
comply.

§
1051.335
How
do
I
ask
EPA
to
reinstate
my
suspended
certificate?
(
a)
Send
us
a
written
report
asking
us
to
reinstate
your
suspended
certificate.
In
your
report,
identify
the
reason
for
noncompliance,
propose
a
remedy
for
the
engine
family,
and
commit
to
a
date
for
carrying
it
out.
In
your
proposed
remedy
include
any
quality
control
measures
you
propose
to
keep
the
problem
from
happening
again.
(
b)
Give
us
data
from
production­
line
testing
that
shows
the
remedied
engine
family
complies
with
all
the
emission
standards
that
apply.

§
1051.340
When
may
EPA
revoke
my
certificate
under
this
subpart
and
how
may
I
sell
these
vehicles
again?
(
a)
We
may
revoke
your
certificate
for
an
engine
family
in
the
following
cases:
(
1)
You
do
not
meet
the
reporting
requirements.
(
2)
Your
engine
family
fails
to
comply
with
the
requirements
of
this
subpart
and
your
proposed
remedy
to
address
a
suspended
certificate
under
§
1051.325
is
inadequate
to
solve
the
problem
or
requires
you
to
change
the
vehicle's
design
or
emission­
control
system.
(
b)
To
sell
vehicles
from
an
engine
family
with
a
revoked
certificate
of
conformity,
you
must
modify
the
engine
family
and
then
show
it
complies
with
the
requirements
of
this
part.
(
1)
If
we
determine
your
proposed
design
change
may
not
control
emissions
for
the
vehicle's
full
useful
life,
we
will
tell
you
within
five
working
days
after
receiving
your
report.
In
this
case
we
will
decide
whether
production­
line
testing
will
be
enough
for
us
to
evaluate
the
change
or
whether
you
need
to
do
more
testing.
(
2)
Unless
we
require
more
testing,
you
may
show
compliance
by
testing
production­
line
vehicles
or
engines
as
described
in
this
subpart.
(
3)
We
will
issue
a
new
or
updated
certificate
of
conformity
when
you
have
met
these
requirements.

§
1051.345
What
production­
line
testing
records
must
I
send
to
EPA?
Do
all
the
following
things
unless
we
ask
you
to
send
us
less
information:
(
a)
Within
30
calendar
days
of
the
end
of
each
calendar
quarter,
send
us
a
report
with
the
following
information:
(
1)
Describe
any
facility
used
to
test
production­
line
vehicles
or
engines
and
state
its
location.
(
2)
State
the
total
U.
S.­
directed
production
volume
and
number
of
tests
for
each
engine
family.
(
3)
Describe
how
you
randomly
selected
vehicles
or
engines.
(
4)
Describe
your
test
vehicles
or
engines,
including
the
engine
family's
identification
and
the
vehicle's
model
year,
build
date,
model
number,
identification
number,
and
number
of
hours
of
operation
before
testing
for
each
test
vehicle
or
engine.
(
5)
Identify
where
you
accumulated
hours
of
operation
on
the
vehicles
or
engines
and
describe
the
procedure
and
schedule
you
used.
(
6)
Provide
the
test
number;
the
date,
time
and
duration
of
testing;
test
procedure;
initial
test
results
before
and
after
rounding;
final
test
results;
and
final
deteriorated
test
results
for
all
tests.
Provide
the
emission
results
for
all
measured
pollutants.
Include
information
for
both
valid
and
invalid
tests
and
the
reason
for
any
invalidation.
(
7)
Describe
completely
and
justify
any
nonroutine
adjustment,
modification,
repair,
preparation,
maintenance,
or
test
for
the
test
vehicle
or
engine
if
you
did
not
report
it
separately
under
this
subpart.
Include
the
results
of
any
emission
measurements,
regardless
of
the
procedure
or
type
of
vehicle.
(
8)
Provide
the
CumSum
analysis
required
in
§
1051.315
for
each
engine
family.

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/
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November
8,
2002
/
Rules
and
Regulations
(
9)
Report
on
each
failed
vehicle
or
engine
as
described
in
§
1051.320.
(
10)
State
the
date
the
calendar
quarter
ended
for
each
engine
family.
(
b)
We
may
ask
you
to
add
information
to
your
written
report,
so
we
can
determine
whether
your
new
vehicles
conform
with
the
requirements
of
this
subpart.
(
c)
An
authorized
representative
of
your
company
must
sign
the
following
statement:

We
submit
this
report
under
Sections
208
and
213
of
the
Clean
Air
Act.
Our
production­
line
testing
conformed
completely
with
the
requirements
of
40
CFR
part
1051.
We
have
not
changed
production
processes
or
quality­
control
procedures
for
the
engine
family
in
a
way
that
might
affect
the
emission
control
from
production
vehicles
(
or
engines).
All
the
information
in
this
report
is
true
and
accurate,
to
the
best
of
my
knowledge.
I
know
of
the
penalties
for
violating
the
Clean
Air
Act
and
the
regulations.
(
Authorized
Company
Representative)

(
d)
Send
electronic
reports
of
production­
line
testing
to
the
Designated
Officer
using
an
approved
information
format.
If
you
want
to
use
a
different
format,
send
us
a
written
request
with
justification
for
a
waiver.
(
e)
We
will
send
copies
of
your
reports
to
anyone
from
the
public
who
asks
for
them.
See
§
1051.815
for
information
on
how
we
treat
information
you
consider
confidential.

§
1051.350
What
records
must
I
keep?

(
a)
Organize
and
maintain
your
records
as
described
in
this
section.
We
may
review
your
records
at
any
time,
so
it
is
important
to
keep
required
information
readily
available.
(
b)
Keep
paper
records
of
your
production­
line
testing
for
one
full
year
after
you
complete
all
the
testing
required
for
an
engine
family
in
a
model
year.
You
may
use
any
additional
storage
formats
or
media
if
you
like.
(
c)
Keep
a
copy
of
the
written
reports
described
in
§
1051.345.
(
d)
Keep
the
following
additional
records:
(
1)
A
description
of
all
test
equipment
for
each
test
cell
that
you
can
use
to
test
production­
line
vehicles
or
engines.
(
2)
The
names
of
supervisors
involved
in
each
test.
(
3)
The
name
of
anyone
who
authorizes
adjusting,
repairing,
preparing,
or
modifying
a
test
vehicle
or
engine
and
the
names
of
all
supervisors
who
oversee
this
work.
(
4)
If
you
shipped
the
vehicle
or
engine
for
testing,
the
date
you
shipped
it,
the
associated
storage
or
port
facility,
and
the
date
the
vehicle
or
engine
arrived
at
the
testing
facility.
(
5)
Any
records
related
to
your
production­
line
tests
that
are
not
in
the
written
report.
(
6)
A
brief
description
of
any
significant
events
during
testing
not
otherwise
described
in
the
written
report
or
in
this
section.
(
7)
Any
information
specified
in
§
1051.345
that
you
do
not
include
in
your
written
reports.
(
e)
If
we
ask,
you
must
give
us
projected
or
actual
production
figures
for
an
engine
family.
We
may
ask
you
to
divide
your
production
figures
by
rated
brake
power,
displacement,
fuel
type,
or
assembly
plant
(
if
you
produce
vehicles
or
engines
at
more
than
one
plant).
(
f)
Keep
a
list
of
vehicle
or
engine
identification
numbers
for
all
the
vehicles
or
engines
you
produce
under
each
certificate
of
conformity.
Give
us
this
list
within
30
days
if
we
ask
for
it.
(
g)
We
may
ask
you
to
keep
or
send
other
information
necessary
to
implement
this
subpart.

Subpart
E
 
Testing
In­
use
Engines
[
Reserved]

Subpart
F
 
Test
Procedures
§
1051.501
What
procedures
must
I
use
to
test
my
vehicles
or
engines?

This
section
describes
test
procedures
that
you
use
to
show
compliance
with
the
requirements
of
this
part.
See
§
1051.235
to
determine
when
testing
is
required
for
certification.
See
subpart
D
of
this
part
for
the
production­
line
testing
requirements.
(
a)
Snowmobiles.
For
snowmobiles,
use
the
equipment
and
procedures
for
spark­
ignition
engines
in
part
1065
of
this
chapter
to
show
your
snowmobiles
meet
the
duty­
cycle
emission
standards
in
§
1051.103.
Measure
HC,
NOX
(
as
applicable),
CO,
and
CO2
emissions
using
the
dilute
sampling
procedures
in
part
1065
of
this
chapter.
For
steadystate
testing,
you
may
use
raw­
gas
sampling
methods
(
such
as
those
described
in
40
CFR
part
91),
provided
they
have
been
shown
to
produce
measurements
equivalent
to
the
dilute
sampling
methods
specified
in
part
1065
of
this
chapter.
Use
the
duty
cycle
in
§
1051.505.
(
b)
Motorcycles
and
ATVs.
For
motorcycles
and
ATVs,
use
the
equipment,
procedures,
and
duty
cycle
in
40
CFR
part
86,
subpart
F,
to
show
your
vehicles
meet
the
exhaust
emission
standards
in
§
1051.105
or
§
1051.107.
Measure
HC,
NOX,
CO,
and
CO2.
If
we
allow
you
to
certify
ATVs
based
on
engine
testing,
use
the
equipment,
procedures,
and
duty
cycle
described
or
referenced
in
that
section
that
allows
engine
testing.
For
motorcycles
with
engine
displacement
at
or
below
169
cc
and
all
ATVs,
use
the
driving
schedule
in
paragraph
(
c)
of
Appendix
I
to
40
CFR
part
86.
For
all
other
motorcycles
use
the
driving
schedule
in
paragraph
(
b)
of
Appendix
I
to
part
86.
With
respect
to
vehicle­
speed
governors,
test
motorcycles
and
ATVs
in
their
ungoverned
configuration,
unless
we
approve
in
advance
testing
in
a
governed
configuration.
We
will
only
approve
testing
in
a
governed
configuration
if
you
can
show
that
the
governor
is
permanently
installed
on
all
production
vehicles
and
is
unlikely
to
be
removed
in­
use.
With
respect
to
engine­
speed
governors,
test
motorcycles
and
ATVs
in
their
governed
configuration.
(
c)
Permeation
testing.
(
1)
Use
the
equipment
and
procedures
specified
in
§
1051.515
to
measure
fuel
tank
permeation
emissions.
(
2)
Prior
to
permeation
testing
of
fuel
hose,
the
hose
must
be
preconditioned
by
filling
the
hose
with
the
fuel
specified
in
(
d)(
3)
of
this
section,
sealing
the
openings,
and
soaking
the
hose
for
4
weeks
at
23
°
C
±
5
°
C.
To
measure
fuelline
permeation
emissions,
use
the
equipment
and
procedures
specified
in
SAE
J30
(
incorporated
by
reference
in
§
1051.810).
The
measurements
must
be
performed
at
23
°
C
using
the
fuel
specified
in
paragraph
(
d)(
3)
of
this
section.
(
d)
Fuels.
Use
the
fuels
meeting
the
following
specifications:
(
1)
Exhaust.
Use
the
fuels
and
lubricants
specified
in
40
CFR
part
1065,
subpart
C,
for
all
the
testing
and
service
accumulation
we
require
in
this
part.
(
2)
Fuel
Tank
Permeation.
(
i)
For
the
preconditioning
soak
described
in
§
1051.515(
a)(
1)
and
fuel
slosh
durability
test
described
in
§
1051.515(
c)(
4),
use
the
fuel
specified
in
Table
1
of
§
1065.210
of
this
chapter
blended
with
10
percent
ethanol
by
volume.
As
an
alternative,
you
may
use
Fuel
CE10,
which
is
Fuel
C
as
specified
in
ASTM
D
471
 
98
(
incorporated
by
reference
in
§
1051.810)
blended
with
10
percent
ethanol
by
volume.
(
ii)
For
the
permeation
measurement
test
in
§
1051.515(
b),
use
the
fuel
specified
in
Table
1
of
§
1065.210
of
this
chapter.
As
an
alternative,
you
may
use
the
fuel
specified
in
paragraph
(
d)(
2)(
i)
of
this
section.
(
3)
Fuel
Hose
Permeation.
Use
the
fuel
specified
in
Table
1
of
§
1065.210
of
this
chapter
blended
with
10
percent
ethanol
by
volume
for
permeation
testing
of
fuel
lines
and
tanks.
As
an
alternative,
you
may
use
Fuel
CE10,
which
is
Fuel
C
as
specified
in
ASTM
D
471
 
98
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Vol.
67,
No.
217
/
Friday,
November
8,
2002
/
Rules
and
Regulations
(
incorporated
by
reference
in
§
1051.810)
blended
with
10
percent
ethanol
by
volume.
(
e)
Special
procedures
for
engine
testing.
(
1)
You
may
use
special
or
alternate
procedures,
as
described
in
§
1065.10
of
this
chapter.
(
2)
We
may
reject
data
you
generate
using
alternate
procedures
if
later
testing
with
the
procedures
in
part
1065
of
this
chapter
shows
contradictory
emission
data.
(
f)
Special
procedures
for
vehicle
testing.
(
1)
You
may
use
special
or
alternate
procedures,
as
described
in
paragraph
(
f)(
3)
of
this
section.
(
2)
We
may
reject
data
you
generate
using
alternate
procedures
if
later
testing
with
the
otherwise
specified
procedures
shows
contradictory
emission
data.
(
3)(
i)
The
test
procedures
specified
for
vehicle
testing
are
intended
to
produce
emission
measurements
equivalent
to
those
that
would
result
from
measuring
emissions
during
in­
use
operation
using
the
same
vehicle
configuration.
If
good
engineering
judgment
indicates
that
use
of
the
procedures
in
this
part
for
a
vehicle
would
result
in
measurements
that
are
not
representative
of
in­
use
operation
of
that
vehicle,
you
must
notify
us.
If
we
determine
that
using
these
procedures
would
result
in
measurements
that
are
significantly
unrepresentative
and
that
changes
to
the
procedures
will
result
in
more
representative
measurements
that
do
not
decrease
the
stringency
of
emission
standards
or
other
requirements,
we
will
specify
changes
to
the
procedures.
In
your
notification
to
us,
you
should
recommend
specific
changes
you
think
are
necessary.
(
ii)
You
may
ask
to
use
emission
data
collected
using
other
test
procedures,
such
as
those
of
the
California
Air
Resources
Board
or
the
International
Organization
for
Standardization.
We
will
allow
this
only
if
you
show
us
that
these
data
are
equivalent
to
data
collected
using
our
test
procedures.
(
iii)
You
may
ask
to
use
alternate
procedures
that
produce
measurements
equivalent
to
those
obtained
using
the
specified
procedures.
In
this
case,
send
us
a
written
request
showing
that
your
alternate
procedures
are
equivalent
to
the
test
procedures
of
this
part.
If
you
prove
to
us
that
the
procedures
are
equivalent,
we
will
allow
you
to
use
them.
You
may
not
use
alternate
procedures
until
we
approve
them.
(
iv)
You
may
ask
to
use
special
test
procedures
if
your
vehicle
cannot
be
tested
using
the
specified
test
procedures
(
for
example,
it
is
incapable
of
operating
on
the
specified
transient
cycle).
In
this
case,
send
us
a
written
request
showing
that
you
cannot
satisfactorily
test
your
engines
using
the
test
procedures
of
this
part.
We
will
allow
you
to
use
special
test
procedures
if
we
determine
that
they
would
produce
emission
measurements
that
are
representative
of
those
that
would
result
from
measuring
emissions
during
in­
use
operation.
You
may
not
use
special
procedures
until
we
approve
them.

§
1051.505
What
special
provisions
apply
for
testing
snowmobiles?

Use
the
following
special
provisions
for
testing
snowmobiles:
(
a)
Measure
emissions
by
testing
the
engine
on
a
dynamometer
with
the
steady­
state
duty
cycle
described
in
the
following
Table:

TABLE
1
OF
§
1051.505.
 
5
 
MODE
DUTY
CYCLE
FOR
SNOWMOBILES
Engine
speed
(
percent
of
maximum
test
speed)
Torque
(
percent
of
maximum
test
torque
at
maximum
test
speed)
Minimum
time
in
mode
(
minutes)
Weighting
factors
Mode
number:
1
................................................................................................................
100
100
3.0
0.12
2
................................................................................................................
85
51
3.0
0.27
3
................................................................................................................
75
33
3.0
0.25
4
................................................................................................................
65
19
3.0
0.31
5
................................................................................................................
Idle
0
3.0
0.05
(
b)
During
idle
mode,
operate
the
engine
with
the
following
parameters:
(
1)
Hold
the
speed
within
your
specifications.
(
2)
Keep
the
throttle
at
the
idle­
stop
position.
(
3)
Keep
engine
torque
under
5
percent
of
the
peak
torque
value
at
maximum
test
speed.
(
c)
For
the
full­
load
operating
mode,
operate
the
engine
at
wide­
open
throttle.
(
d)
Ambient
temperatures
during
testing
must
be
between
20
°
C
and
30
°
C
(
68
°
F
and
86
°
F),
or
other
representative
test
temperatures,
as
specified
in
paragraph
(
g)
of
this
section.
(
e)
See
part
1065
of
this
chapter
for
detailed
specifications
of
tolerances
and
calculations.
(
f)
You
may
test
snowmobiles
at
ambient
temperatures
below
20
°
C
or
using
intake
air
temperatures
below
20
°
C
if
you
show
that
such
testing
complies
with
§
1065.10(
c)(
1)
of
this
chapter.
You
must
get
our
approval
before
you
begin
the
emission
testing.
For
example,
the
following
approach
would
be
appropriate
to
show
that
such
testing
complies
with
§
1065.10(
c)(
1)
of
this
chapter:
(
1)
Using
good
engineering
judgment,
instrument
a
representative
snowmobile
built
with
a
representative
engine
from
the
family
being
tested
with
an
appropriate
temperature
measuring
device
located
in
the
intake
air
plenum
where
fuel
spitback
is
not
likely
to
occur.
(
2)
Choose
a
time
and
location
with
the
following
weather
conditions:
windspeed
less
than
10
knots,
no
falling
precipitation,
air
temperature
between
¥
20
°
C
and
0
°
C
(
¥
4
°
F
and
32
°
F).
(
3)
Operate
the
snowmobile
until
its
engine
reaches
a
steady
operating
temperature.
(
4)
Operate
the
snowmobile
on
a
level
surface
free
of
other
vehicle
traffic.
Operate
the
snowmobile
at
each
specified
engine
speed
corresponding
to
each
mode
in
the
emissions
test
specific
to
the
engine
being
tested.
When
readings
are
stable,
record
the
temperature
in
the
intake
air
plenum
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and
the
ambient
temperature.
Calculate
the
temperature
difference
between
the
air
in
the
plenum
and
the
ambient
air
for
each
mode.
(
5)
Calculate
the
nominal
intake
air
test
temperature
for
each
test
mode
as
¥
10
°
C
(
14
°
F)
plus
the
temperature
difference
for
the
corresponding
mode
determined
in
(
g)(
4)
of
this
section.
(
6)
Before
the
emissions
test,
select
the
appropriate
carburetor
jetting
for
¥
10
°
C
(
14
°
F)
conditions
according
to
the
jet
chart.
For
each
mode,
maintain
the
inlet
air
temperature
within
5
°
C
of
the
corresponding
modal
temperature
calculated
in
(
g)(
5)
of
this
section.
(
7)
Adjust
other
operating
parameters
to
be
consistent
with
operation
at
¥
10
°
C
(
14
°
F).
For
example,
this
may
require
that
you
modify
the
engine
cooling
system
used
in
the
laboratory
to
make
its
performance
representative
of
cold­
temperature
operation.

§
1051.510
What
special
provisions
apply
for
testing
ATV
engines?
[
Reserved]

§
1051.515
How
do
I
test
my
fuel
tank
for
permeation
emissions?
Measure
permeation
emissions
by
weighing
a
sealed
fuel
tank
before
and
after
a
temperature­
controlled
soak.
(
a)
Preconditioning.
To
precondition
your
fuel
tank,
follow
these
five
steps:
(
1)
Fill
the
tank
with
the
fuel
specified
in
§
1051.501(
d)(
2)(
i),
seal
it,
and
allow
it
to
soak
at
28
±
5
°
C
for
20
weeks.
Alternatively,
the
tank
may
be
soaked
for
a
shorter
period
of
time
at
a
higher
temperature
if
you
can
show
that
the
hydrocarbon
permeation
rate
has
stabilized.
(
2)
Determine
the
fuel
tank's
internal
surface
area
in
square­
meters
accurate
to
at
least
three
significant
figures.
You
may
use
less
accurate
estimates
of
the
surface
area
if
you
make
sure
not
to
overestimate
the
surface
area.
(
3)
Fill
the
fuel
tank
with
the
test
fuel
specified
in
§
1051.501(
d)(
2)(
ii)
to
its
nominal
capacity.
If
you
fill
the
tank
inside
the
temperature­
controlled
room
or
enclosure,
do
not
spill
any
fuel.
(
4)
Allow
the
tank
and
its
contents
to
equilibrate
to
28
±
2
°
C.
(
5)
Seal
the
fuel
tank
using
nonpermeable
fittings,
such
as
metal
or
TeflonTM.
(
b)
Test
run.
To
run
the
test,
follow
these
nine
steps
for
a
tank
that
was
preconditioned
as
specified
in
paragraph
(
a)
of
this
section:
(
1)
Weigh
the
sealed
fuel
tank
and
record
the
weight
to
the
nearest
0.1
grams.
(
You
may
use
less
precise
weights
as
long
as
the
difference
in
mass
from
the
start
of
the
test
to
the
end
of
the
test
has
at
least
three
significant
figures.)
(
2)
Carefully
place
the
tank
within
a
ventilated
temperature­
controlled
room
or
enclosure.
Do
not
spill
any
fuel.
(
3)
Close
the
room
or
enclosure
and
record
the
time.
(
4)
Ensure
that
the
measured
temperature
in
the
room
or
enclosure
is
28
±
2
°
C.
(
5)
Leave
the
tank
in
the
room
or
enclosure
for
2
to
4
weeks,
consistent
with
good
engineering
judgment
(
based
on
the
permeation
rate).
Do
not
stop
soaking
before
4
weeks
unless
you
know
that
you
can
measure
the
weight
loss
during
the
test
to
at
least
three
significant
figures
earlier.
(
6)
Hold
the
temperature
of
the
room
or
enclosure
to
28
±
2
°
C;
measure
and
record
the
temperature
at
least
daily.
(
7)
At
the
end
of
the
soak
period,
weigh
the
sealed
fuel
tank
and
record
the
weight
to
the
nearest
0.1
grams.
(
You
may
use
less
precise
weights
as
long
as
the
difference
in
mass
from
the
start
of
the
test
to
the
end
of
the
test
has
at
least
three
significant
figures.)
(
8)
Subtract
the
weight
of
the
tank
at
the
end
of
the
test
from
the
weight
of
the
tank
at
the
beginning
of
the
test;
divide
the
difference
by
the
internal
surface
area
of
the
fuel
tank.
Divide
this
g/
m
2
value
by
the
number
of
test
days
(
using
at
least
three
significant
figures)
to
calculate
the
g/
m
2/
day
emission
rate.
Example:
If
a
tank
with
an
internal
surface
area
of
1.51
m
2
weighed
31882.3
grams
at
the
beginning
of
the
test
and
weighed
31760.2
grams
after
soaking
for
25.03
days,
then
the
g/
m
2/
day
emission
rate
would
be:
(
31882.3
g
¥
31760.2
g)/
1.51
m
2/
25.03
days
=
3.23
g/
m
2/
day.
(
9)
Round
your
result
to
the
same
number
of
decimal
places
as
the
emission
standard.
(
c)
Durability
testing.
You
normally
need
to
perform
a
separate
durability
demonstration
for
each
substantially
different
combination
of
treatment
approaches
and
tank
materials.
Perform
these
demonstrations
before
an
emission
test
by
taking
the
following
steps,
unless
you
can
use
good
engineering
judgment
to
apply
the
results
of
previous
durability
testing
with
a
different
fuel
system.
You
can
determine
a
deterioration
factor
by
measuring
emissions
on
a
tank
after
these
durability
tests
if
you
previously
tested
the
same
tank
before
the
durability
tests
(
but
after
the
preconditioning
step
described
in
paragraph
(
a)
of
this
section).
For
the
purposes
of
deterioration
factor
determination,
the
permeation
tests
before
and
after
the
durability
testing
must
be
performed
on
the
fuel
specified
in
§
1051.501
(
d)(
2)(
i).
You
may
ask
to
exclude
any
of
the
following
durability
tests
if
you
can
clearly
demonstrate
that
it
does
not
affect
the
emissions
from
your
fuel
tank.
(
1)
Perform
a
pressure
test
by
sealing
the
tank
and
cycling
it
between
+
2.0
psig
and
¥
0.5
psig
and
back
to
+
2.0
psig
for
10,000
cycles
at
a
rate
60
seconds
per
cycle.
(
2)
Perform
a
sunlight­
exposure
test
by
exposing
the
tank
to
an
ultraviolet
light
of
at
least
0.40
W­
hr/
m
2/
min
on
the
tank
surface
for
15
hours
per
day
for
4
weeks.
Alternatively,
the
fuel
tank
may
be
exposed
to
direct
natural
sunlight
for
an
equivalent
period
of
time,
as
long
as
you
ensure
that
the
tank
is
exposed
to
at
least
450
daylight
hours.
(
3)
Perform
a
slosh
test
by
filling
the
tank
to
40
percent
of
its
capacity
with
the
fuel
specified
in
§
1051.501(
d)(
2)(
i)
and
rocking
it
at
a
rate
of
15
cycles
per
minute
until
you
reach
one
million
total
cycles.
Use
an
angle
deviation
of
+
15
°
to
¥
15
°
from
level.
This
test
must
be
performed
at
a
temperature
of
28
°
C
±
5
°
C.
(
4)
Following
the
durability
testing,
the
fuel
tank
must
be
soaked
(
as
described
in
paragraph
(
a)
of
this
section)
to
ensure
that
the
permeation
rate
is
stable.
The
period
of
slosh
testing
and
the
period
of
ultraviolet
testing
(
if
performed
with
fuel
in
the
tank
consistent
with
paragraph
(
a)(
1)
of
this
section)
may
be
considered
to
be
part
of
this
soak,
provided
that
the
soak
begins
immediately
after
the
slosh
testing.
To
determine
the
final
permeation
rate,
drain
and
refill
the
tank
with
fresh
fuel,
and
repeat
the
test
run
(
as
described
in
paragraph
(
b)
of
this
section)
immediately
after
this
soak
period.
(
d)
Flow
chart.
The
following
figure
presents
a
flow
chart
for
the
permeation
testing
described
in
this
section,
showing
full
test
procedure
with
durability
testing,
as
well
as
the
simplified
test
procedure
with
an
applied
deterioration
factor:

BILLING
CODE
6560
 
50
 
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BILLING
CODE
6560
 
50
 
C
§
1051.520
How
do
I
perform
exhaust
durability
testing?

This
section
applies
for
durability
testing
to
determine
deterioration
factors
for
exhaust
emissions.
Smallvolume
manufacturers
may
omit
durability
testing
if
they
use
our
assigned
deterioration
factors
that
we
establish
based
on
our
projection
of
the
likely
deterioration
in
the
performance
of
specific
emission
controls.
(
a)
Calculate
your
deterioration
factor
by
testing
a
vehicle
or
engine
that
is
representative
of
your
engine
family
at
a
low­
hour
test
point
and
the
end
of
its
useful
life.
You
may
also
test
at
intermediate
points.
(
b)
Operate
the
vehicle
or
engine
over
a
representative
duty
cycle
for
a
period
at
least
as
long
as
the
useful
life
(
in
hours
or
kilometers).
You
may
operate
the
vehicle
or
engine
continuously.
(
c)
You
may
perform
critical
emission­
related
maintenance
during
durability
testing,
consistent
with
§
1051.125(
a).
You
may
not
perform
any
other
emission­
related
maintenance
during
durability
testing.
(
d)
Use
a
linear
least­
squares
fit
of
your
test
data
for
each
pollutant
to
calculate
your
deterioration
factor.
(
e)
You
may
ask
us
to
allow
you
to
use
other
testing
methods
to
determine
deterioration
factors,
consistent
with
good
engineering
judgment.

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ER08NO02.016</
GPH>
68401
Federal
Register
/
Vol.
67,
No.
217
/
Friday,
November
8,
2002
/
Rules
and
Regulations
Subpart
G
 
Compliance
Provisions
§
1051.601
What
compliance
provisions
apply
to
vehicles
and
engines
subject
to
this
part?
Engine
and
vehicle
manufacturers,
as
well
as
owners,
operators,
and
rebuilders
of
these
vehicles,
and
all
other
persons,
must
observe
the
requirements
and
prohibitions
in
part
1068
of
this
chapter
and
the
requirements
of
the
Act.
The
compliance
provisions
in
this
subpart
apply
only
to
the
vehicles
and
engines
we
regulate
in
this
part.

§
1051.605
What
are
the
provisions
for
exempting
vehicles
from
the
requirements
of
this
part
if
they
use
engines
you
have
certified
under
the
motor­
vehicle
program
or
the
Large
Spark­
ignition
program?
(
a)
You
may
ask
for
an
exemption
under
this
section
if
you
are
the
manufacturer
of
an
engine
certified
under
the
motor­
vehicle
program
or
the
Large
Spark­
ignition
program.
See
§
1051.610
if
you
are
not
the
engine
manufacturer.
(
b)(
1)
The
only
requirements
or
prohibitions
from
this
part
that
apply
to
a
vehicle
that
is
exempt
under
this
section
are
in
this
section
and
§
1051.610.
(
2)
If
the
vehicles
do
not
meet
the
criteria
listed
in
paragraph
(
c)
of
this
section,
they
will
be
subject
to
the
standards
and
prohibitions
of
this
part.
Producing
these
vehicles
without
a
valid
exemption
or
certificate
of
conformity
would
violate
the
prohibitions
in
§
1068.101
of
this
chapter.
(
3)
Vehicles
exempted
under
this
section
are
subject
to
all
the
requirements
affecting
engines
and
vehicles
under
40
CFR
part
86
or
part
1048,
as
applicable.
The
requirements
and
restrictions
of
40
CFR
part
86
or
1048
apply
to
anyone
manufacturing
these
engines,
anyone
manufacturing
vehicles
that
use
these
engines,
and
all
other
persons
in
the
same
manner
as
if
these
engines
were
used
in
a
motor
vehicle
or
other
nonrecreational
application.
(
c)
If
you
meet
all
the
following
criteria
regarding
your
engine,
the
vehicle
using
the
engine
is
exempt
under
this
section:
(
1)
The
vehicle
is
produced
using
an
engine
or
incomplete
vehicle
covered
by
a
valid
certificate
of
conformity
under
40
CFR
part
86
or
part
1048.
(
2)
No
changes
are
made
to
the
certified
engine
or
vehicle
that
we
could
reasonably
expect
to
increase
any
of
its
regulated
emissions.
For
example,
if
any
of
the
following
changes
are
made
to
the
engine,
it
does
not
qualify
for
this
exemption:
(
i)
Any
fuel
system
or
evaporative
system
parameters
are
changed
from
the
certified
configuration
(
this
does
not
apply
to
refueling
emission
controls).
(
ii)
Any
other
emission­
related
components
are
changed.
(
iii)
The
engine
cooling
system
is
modified
or
assembled
so
that
temperatures
or
heat
rejection
rates
are
outside
the
original
engine's
specified
ranges.
(
3)
The
engine
must
have
the
emission
control
information
label
we
require
under
40
CFR
part
86
or
part
1048.
(
4)
You
must
demonstrate
that
fewer
than
50
percent
of
the
engine
model's
total
sales,
from
all
companies,
are
used
in
recreational
vehicles.
(
d)
If
you
manufacture
both
the
engine
and
vehicle
under
this
exemption,
you
must
do
all
of
the
following
to
keep
the
exemption
valid:
(
1)
Make
sure
the
original
emission
control
information
label
is
intact.
(
2)
Add
a
permanent
supplemental
label
to
the
engine
in
a
position
where
it
will
remain
clearly
visible
after
installation
in
the
vehicle.
In
your
engine's
emission
control
information
label,
do
the
following:
(
i)
Include
the
heading:
``
Recreational
Vehicle
Emission
Control
Information''.
(
ii)
Include
your
full
corporate
name
and
trademark.
(
iii)
State:
``
THIS
ENGINE
WAS
ADAPTED
FOR
RECREATIONAL
USE
WITHOUT
AFFECTING
ITS
EMISSION
CONTROLS.''.
(
iv)
State
the
date
you
finished
installation
(
month
and
year).
(
3)
Make
sure
the
original
and
supplemental
labels
are
readily
visible
after
the
engine
is
installed
in
the
vehicle
or,
if
the
vehicle
obscures
the
engine's
emission
control
information
label,
make
sure
the
vehicle
manufacturer
attaches
duplicate
labels,
as
described
in
§
1068.105
of
this
chapter.
(
4)
Send
the
Designated
Officer
a
signed
letter
by
the
end
of
each
calendar
year
(
or
less
often
if
we
tell
you)
with
all
the
following
information:
(
i)
Identify
your
full
corporate
name,
address,
and
telephone
number.
(
ii)
List
the
models
you
expect
to
produce
under
this
exemption
in
the
coming
year.
(
iii)
State:
``
We
produce
each
listed
model
for
recreational
application
without
making
any
changes
that
could
increase
its
certified
emission
levels,
as
described
in
40
CFR
1051.605.''.
(
e)
If
we
request
it,
you
must
send
us
emission
test
data
on
the
applicable
recreational
duty
cycle(
s).
You
may
include
the
data
in
your
application
for
certification
under
40
CFR
part
86
or
part
1048,
or
in
your
letter
requesting
the
exemption.
We
will
generally
not
ask
you
for
these
data
under
normal
circumstances,
especially
when
they
are
more
readily
available
from
another
source.

§
1051.610
What
are
the
provisions
for
producing
recreational
vehicles
with
engines
already
certified
under
the
motorvehicle
program
or
the
Large
SI
program?
(
a)
You
may
produce
a
recreational
vehicle
without
certifying
it
under
this
part
by
using
a
certified
motor
vehicle
engine,
or
Large
SI
engine.
This
section
does
not
apply
if
you
manufacture
the
engine
yourself;
see
§
1051.605.
In
order
to
produce
recreational
vehicles
under
this
section,
you
must
meet
all
of
the
following
criteria:
(
1)
The
engine
or
vehicle
is
certified
to
40
CFR
part
86
or
part
1048.
(
2)
The
engine
is
not
adjusted
outside
the
certifying
manufacturer's
specifications
(
see
§
1051.605(
c)(
2)).
(
3)
The
engine
or
vehicle
is
not
modified
in
any
way
that
may
affect
its
emission
control.
This
does
not
apply
to
refueling
emission
controls.
(
4)
The
vehicle
is
labeled
consistent
with
paragraph
(
c)
of
this
section.
(
b)(
1)
The
only
requirements
or
prohibitions
from
this
part
that
apply
to
a
vehicle
that
is
exempt
under
this
section
are
in
this
section
and
§
1051.605.
(
2)
If
the
vehicles
do
not
meet
the
criteria
listed
in
§
1051.605(
c)
and
paragraph
(
c)
of
this
section,
they
will
be
subject
to
the
standards
and
prohibitions
of
this
part.
Producing
these
vehicles
without
a
valid
exemption
or
certificate
of
conformity
would
violate
the
prohibitions
in
§
1068.101
of
this
chapter.
(
3)
Vehicles
exempted
under
this
section
are
subject
to
all
the
requirements
affecting
engines
and
vehicles
under
40
CFR
part
86
or
part
1048,
as
applicable.
The
requirements
and
restrictions
of
40
CFR
part
86
or
1048
apply
to
anyone
manufacturing
these
engines,
anyone
manufacturing
vehicles
that
use
these
engines,
and
all
other
persons
in
the
same
manner
as
if
these
engines
were
used
in
a
motor
vehicle
or
other
nonrecreational
application.
(
c)(
1)
Make
sure
the
original
emission
control
information
label
is
intact
after
assembly
in
the
vehicle.
(
2)
Add
a
permanent
supplemental
label
to
the
vehicle
in
a
position
where
it
will
be
clearly
visible.
In
this
emission
control
information
label,
do
the
following:
(
i)
Include
the
heading:
``
Recreational
Vehicle
Emission
Control
Information''.
(
ii)
Include
your
full
corporate
name
and
trademark.

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FR\
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08NOR2.
SGM
08NOR2
68402
Federal
Register
/
Vol.
67,
No.
217
/
Friday,
November
8,
2002
/
Rules
and
Regulations
(
iii)
State:
``
THIS
ENGINE
WAS
ADAPTED
FOR
RECREATIONAL
USE
WITHOUT
AFFECTING
ITS
EMISSION
CONTROLS.''.
(
iv)
State
the
date
you
finished
installation
(
month
and
year).
(
3)
Send
the
Designated
Officer
a
signed
letter
by
the
end
of
each
calendar
year
(
or
less
often
if
we
tell
you)
with
all
the
following
information:
(
i)
Identify
your
full
corporate
name,
address,
and
telephone
number.
(
ii)
List
the
models
you
expect
to
produce
under
this
exemption
in
the
coming
year.
(
iii)
State:
``
We
produce
each
listed
model
for
recreational
application
without
making
any
changes
that
could
increase
its
certified
emission
levels,
as
described
in
40
CFR
1051.605.''.
(
d)
If
you
build
recreational
vehicles
under
this
section,
we
may
require
(
as
a
condition
of
the
exemption)
that
you
comply
with
the
emission­
related
warranty
and
recall
responsibilities
of
this
part.
(
e)
If
you
build
a
recreational
vehicle
using
a
motor
vehicle
engine
that
was
certified
as
part
of
a
vehicle­
based
engine
family,
we
may
require
you
to
certify
under
this
part
instead
of
granting
you
an
exemption
under
this
part.
If
we
do
this,
we
may
allow
you
to
submit
an
abbreviated
application
for
certification
to
show
that
you
comply
with
the
requirements
of
this
part.
You
may
reference
the
information
in
the
original
motor
vehicle
application.

§
1051.615
What
are
the
special
provisions
for
certifying
small
recreational
engines?

(
a)
You
may
certify
ATVs
with
engines
that
have
total
displacement
of
less
than
100
cc
to
the
following
emission
exhaust
standards
instead
of
certifying
them
to
the
exhaust
emission
standards
of
subpart
B
of
this
part:
(
1)
25.0
g/
kW­
hr
HC+
NOX,
with
an
FEL
cap
of
40.0
g/
kW­
hr
HC+
NOX.
(
2)
500
g/
kW­
hr
CO.
(
b)
You
may
certify
off­
highway
motorcycles
with
engines
that
have
total
displacement
of
70
cc
or
less
to
the
following
emission
exhaust
standards
instead
of
certifying
them
to
the
exhaust
emission
standards
of
subpart
B
of
this
part:
(
1)
16.1
g/
kW­
hr
HC+
NOX,
with
an
FEL
cap
of
32.2
g/
kW­
hr
HC+
NOX.
(
2)
519
g/
kW­
hr
CO.
(
c)
You
may
use
the
averaging,
banking,
and
trading
provisions
of
subpart
H
of
this
part
to
show
compliance
with
this
HC+
NOX
standards
(
an
engine
family
meets
emission
standards
even
if
its
family
emission
limit
is
higher
than
the
standard,
as
long
as
you
show
that
the
whole
averaging
set
of
applicable
engine
families
meet
the
applicable
emission
standards
using
emission
credits,
and
the
vehicles
within
the
family
meet
the
family
emission
limit).
You
may
not
use
averaging
to
meet
the
CO
standards
of
this
section.
(
d)
Measure
emissions
by
testing
the
engine
on
a
dynamometer
with
the
steady­
state
duty
cycle
described
in
Table
1
of
this
section.
(
1)
During
idle
mode,
hold
the
speed
within
your
specifications,
keep
the
throttle
fully
closed,
and
keep
engine
torque
under
5
percent
of
the
peak
torque
value
at
maximum
test
speed.
(
2)
For
the
full­
load
operating
mode,
operate
the
engine
at
wide­
open
throttle.
(
3)
See
part
1065
of
this
chapter
for
detailed
specifications
of
tolerances
and
calculations.
(
4)
Table
1
follows:

TABLE
1
OF
§
1051.615.
 
6­
MODE
DUTY
CYCLE
FOR
RECREATIONAL
ENGINES
Engine
speed
(
percent
of
maximum
test
speed)
Torque
(
percent
of
maximum
test
torque
at
test
speed)
Minimum
time
in
mode
(
minutes)
Weighting
factors
Mode
number:
1
................................................................................................................
85
100
5.0
0.09
2
................................................................................................................
85
75
5.0
0.20
3
................................................................................................................
85
50
5.0
0.29
4
................................................................................................................
85
25
5.0
0.30
5
................................................................................................................
85
10
5.0
0.07
6
................................................................................................................
Idle
0
5.0
0.05
(
e)
All
other
requirements
and
prohibitions
of
this
part
apply
to
these
engines
and
vehicles.

§
1051.620
When
may
a
manufacturer
obtain
an
exemption
for
competition
recreational
vehicles?

(
a)
We
may
grant
you
an
exemption
from
the
standards
and
requirements
of
this
part
for
a
new
recreational
vehicle
on
the
grounds
that
it
is
to
be
used
solely
for
competition.
The
provisions
of
this
part
other
than
those
in
this
section
do
not
apply
to
recreational
vehicles
that
we
exempt
for
use
solely
for
competition.
(
b)
We
will
exempt
vehicles
that
we
determine
will
be
used
solely
for
competition.
The
basis
of
our
determinations
are
described
in
paragraphs
(
b)(
1),
(
b)(
2),
and
(
c)
of
this
section.
Exemptions
granted
under
this
section
are
good
for
only
one
model
year
and
you
must
request
renewal
for
each
subsequent
model
year.
We
will
not
approve
your
renewal
request
if
we
determine
the
vehicles
will
not
be
used
solely
for
competition.
(
1)
Off­
highway
motorcycles.
Motorcycles
that
are
marketed
and
labeled
as
only
for
competitive
use
and
that
meet
at
least
four
of
the
criteria
listed
in
paragraphs
(
b)(
1)(
i)
through
(
vi)
of
this
section
are
considered
to
be
used
solely
for
competition,
except
in
cases
where
other
information
is
available
that
indicates
that
they
are
not
used
solely
for
competition.
The
following
features
are
indicative
of
motorcycles
used
solely
for
competition:
(
i)
The
absence
of
a
headlight
or
other
lights.
(
ii)
The
absence
of
a
spark
arrestor.
(
iii)
The
absence
of
manufacturer
warranty.
(
iv)
Suspension
travel
greater
than
10
inches.
(
v)
Engine
displacement
greater
than
50
cc.
(
vi)
The
absence
of
a
functional
seat.
(
For
example,
a
seat
less
with
than
30
square
inches
of
seating
surface
would
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FR\
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08NOR2.
SGM
08NOR2
68403
Federal
Register
/
Vol.
67,
No.
217
/
Friday,
November
8,
2002
/
Rules
and
Regulations
generally
not
be
considered
a
functional
seat).
(
2)
Snowmobiles
and
ATVs.
Snowmobiles
and
ATVs
meeting
all
of
the
following
criteria
are
considered
to
be
used
solely
for
competition,
except
in
cases
where
other
information
is
available
that
indicates
that
they
are
not
used
solely
for
competition:
(
i)
The
vehicle
or
engine
may
not
be
displayed
for
sale
in
any
public
dealership.
(
ii)
Sale
of
the
vehicle
must
be
limited
to
professional
racers
or
other
qualified
racers.
(
iii)
The
vehicle
must
have
performance
characteristics
that
are
substantially
superior
to
noncompetitive
models.
(
c)
Vehicles
not
meeting
the
applicable
criteria
listed
in
paragraph
(
b)
of
this
section
will
be
exempted
only
in
cases
where
the
manufacturer
has
clear
and
convincing
evidence
that
the
vehicles
will
be
used
solely
for
competition.
(
d)
You
must
permanently
label
vehicles
exempted
under
this
section
to
clearly
indicate
that
they
are
to
be
used
only
for
competition.
Failure
to
properly
label
a
vehicle
will
void
the
exemption
for
that
vehicle.
(
e)
If
we
request
it,
you
must
provide
us
any
information
we
need
to
determine
whether
the
vehicles
are
used
solely
for
competition.

§
1051.625
What
special
provisions
apply
to
unique
snowmobile
designs
for
smallvolume
manufacturers?

(
a)
If
you
are
a
small­
volume
manufacturer,
we
may
permit
you
to
produce
up
to
600
snowmobiles
per
year
that
are
certified
to
less
stringent
emission
standards
than
those
in
§
1051.103,
as
long
as
you
meet
all
the
conditions
and
requirements
in
this
section.
(
b)
To
apply
for
alternate
standards
under
this
section,
send
the
Designated
Officer
a
written
request.
In
your
request,
do
two
things:
(
1)
Show
that
the
snowmobile
has
unique
design,
calibration,
or
operating
characteristics
that
make
it
atypical
and
infeasible
or
highly
impractical
to
meet
the
emission
standards
in
§
1051.103,
considering
technology,
cost,
and
other
factors.
(
2)
Identify
the
level
of
compliance
you
can
achieve,
including
a
description
of
available
emission­
control
technologies
and
any
constraints
that
may
prevent
more
effective
use
of
these
technologies.
(
c)
You
must
give
us
other
relevant
information
if
we
ask
for
it.
(
d)
An
authorized
representative
of
your
company
must
sign
the
request
and
include
the
statement:
``
All
the
information
in
this
request
is
true
and
accurate,
to
the
best
of
my
knowledge.''.
(
e)
Send
your
request
for
this
extension
at
least
nine
months
before
the
relevant
deadline.
If
different
deadlines
apply
to
companies
that
are
not
small­
volume
manufacturers,
do
not
send
your
request
before
the
regulations
in
question
apply
to
the
other
manufacturers.
(
f)
If
we
approve
your
request,
we
will
set
alternate
standards
for
your
qualifying
snowmobiles.
These
standards
will
not
be
above
400
g/
kWhr
for
CO
or
150
g/
kW­
hr
for
HC.
(
g)
You
may
produce
these
snowmobiles
to
meet
the
alternate
standards
we
establish
under
this
section
as
long
as
you
continue
to
produce
them
at
the
same
or
lower
emission
levels.
(
h)
You
may
not
include
snowmobiles
you
produce
under
this
section
in
any
averaging,
banking,
or
trading
calculations
under
Subpart
H
of
this
part.
(
i)
You
must
meet
all
the
requirements
of
this
part,
except
as
noted
in
this
section.

§
1051.630
What
special
provisions
apply
to
unique
snowmobile
designs
for
all
manufacturers?

(
a)
We
may
permit
you
to
produce
up
to
600
snowmobiles
per
year
that
are
certified
to
the
FELs
listed
in
this
section
without
new
test
data,
as
long
as
you
meet
all
the
conditions
and
requirements
in
this
section.
(
b)
You
may
certify
these
snowmobiles
with
FELs
of
560
g/
kW­
hr
for
CO
and
270
g/
kW­
hr
for
HC
(
using
the
normal
certification
procedures).
(
c)
The
emission
levels
described
in
this
section
are
intended
to
represent
worst­
case
emission
levels.
You
may
not
certify
snowmobiles
under
this
section
if
good
engineering
judgment
indicates
that
they
have
emission
rates
higher
than
these
levels.
(
d)
Include
snowmobiles
you
produce
under
this
section
in
your
averaging
calculations
under
Subpart
H
of
this
part.
(
e)
You
must
meet
all
the
requirements
of
this
part,
unless
the
regulations
of
this
part
specify
otherwise.

§
1051.635
What
provisions
apply
to
new
manufacturers
that
are
small
businesses?

(
a)
If
you
are
a
small
business
(
as
defined
by
the
Small
Business
Administration)
that
manufactures
recreational
vehicles,
but
does
not
otherwise
qualify
for
the
small­
volume
manufacturer
provisions
of
this
part,
you
may
ask
us
to
designate
you
to
be
a
small­
volume
manufacturer.
You
may
do
this
whether
you
began
manufacturing
recreational
vehicles
before,
during,
or
after
2002.
(
b)
We
may
set
other
reasonable
conditions
that
are
consistent
with
the
intent
of
this
section
and
the
Act.
For
example,
we
may
place
sales
limits
on
companies
that
we
designate
to
be
small­
volume
manufacturers
under
this
section.

Subpart
H
 
Averaging,
Banking,
and
Trading
for
Certification
§
1051.701
General
provisions.
(
a)
You
may
average,
bank,
and
trade
emission
credits
for
purposes
of
certification
as
described
in
this
subpart
to
show
compliance
with
the
standards
of
this
part.
To
do
this
you
must
show
that
your
average
emission
levels
are
below
the
applicable
standards
in
subpart
B
of
this
part,
or
that
you
have
sufficient
credits
to
offset
a
credit
deficit
for
the
model
year
(
as
calculated
in
§
1051.720).
If
you
cannot
show
in
your
end­
of­
year
report
that
your
average
emission
levels
are
below
the
applicable
standards
in
subpart
B
of
this
part,
or
that
you
have
sufficient
credits
to
offset
a
credit
deficit
for
the
model
year,
we
may
void
the
certificates
for
all
families
certified
to
FELs
above
the
allowable
average.
(
b)
The
following
averaging
set
restrictions
apply:
(
1)
You
may
not
average
together
engine
families
that
are
certified
to
different
standards.
You
may,
however,
use
banked
credits
that
were
generated
relative
to
different
standards,
except
as
prohibited
by
paragraphs
(
b)(
2)
and
(
3)
of
this
section,
paragraph
(
e)
of
this
section,
or
by
other
provisions
in
this
part.
For
example,
you
may
not
average
together
within
a
model
year
offhighway
motorcycles
that
are
certified
to
the
standards
in
§
1051.105(
a)(
1)
and
§
1051.105(
a)(
2);
but
you
may
use
banked
credits
generated
by
off­
highway
motorcycles
that
are
certified
to
the
standards
in
§
1051.105(
a)(
1)
to
show
compliance
with
the
standards
in
§
1051.105(
a)(
2)
in
a
later
model
year,
and
vice
versa.
(
2)
There
are
separate
averaging,
banking,
and
trading
programs
for
snowmobiles,
ATVs,
and
off­
highway
motorcycles.
You
may
not
average
or
exchange
banked
or
traded
credits
from
engine
families
of
one
type
of
vehicle
with
those
from
engine
families
of
another
type
of
vehicle.
(
3)
You
may
not
average
or
exchange
banked
or
traded
credits
with
other
engine
families
if
you
use
fundamentally
different
measurement
procedures
for
the
different
engine
families
(
for
example,
ATVs
certified
to
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chassis­
based
vs.
engine­
based
standards).
This
paragraph
(
b)(
3)
does
not
restrict
you
from
averaging
together
engine
families
that
use
test
procedures
that
we
determine
provide
equivalent
emission
results.
(
4)
You
may
not
average
or
exchange
banked
or
traded
exhaust
credits
with
evaporative
credits,
or
vice
versa.
(
c)
The
definitions
of
Subpart
I
of
this
part
apply
to
this
subpart.
The
following
definitions
also
apply:
(
1)
Average
standard
means
a
standard
that
allows
you
comply
by
averaging
all
your
vehicles
under
this
part.
See
subpart
B
of
this
part
to
determine
which
standards
are
average
standards.
(
2)
Broker
means
any
entity
that
facilitates
a
trade
between
a
buyer
and
seller.
(
3)
Buyer
means
the
entity
that
receives
credits
as
a
result
of
trade.
(
4)
Family
emission
limit
(
FEL)
has
the
meaning
given
in
it
in
§
1051.801.
(
5)
Reserved
credits
means
credits
you
have
generated
that
we
have
not
yet
verified
in
reviewing
the
end­
of­
year
report.
(
6)
Seller
means
the
entity
that
provides
credits
during
a
trade.
(
d)
Do
not
include
any
exported
vehicles
in
the
certification
averaging,
banking,
and
trading
program.
Include
only
vehicles
certified
under
this
part.

§
1051.705
How
do
I
average
emission
levels?

(
a)
As
specified
in
subpart
B
of
this
part,
certify
each
vehicle
to
a
family
emission
limit
(
FEL).
(
b)
Calculate
a
preliminary
average
emission
level
according
to
§
1051.720
using
projected
U.
S.­
directed
production
volumes
for
your
application
for
certification.
(
c)
After
the
end
of
your
model
year,
calculate
a
final
average
emission
level
according
to
§
1051.720
for
each
type
of
recreational
vehicle
or
engine
you
manufacture
or
import.
Use
actual
U.
S.­
directed
production
volumes.
(
d)
If
your
preliminary
average
emission
level
is
below
the
allowable
average
standard,
see
§
1051.710
for
information
about
generating
and
banking
emission
credits.
These
credits
will
be
considered
reserved
until
we
verify
them
in
reviewing
the
end­
of­
year
report.

§
1051.710
How
do
I
generate
and
bank
emission
credits?

(
a)
If
your
average
emission
level
is
below
the
average
standard,
you
may
calculate
credits
according
to
§
1051.720.
(
b)
You
may
generate
credits
if
you
are
a
certifying
manufacturer.
(
c)
You
may
bank
unused
emission
credits,
but
only
after
the
end
of
the
calendar
year
and
after
we
have
reviewed
your
end­
of­
year
reports.
Credits
you
generate
do
not
expire.
(
d)
During
the
calendar
year
and
before
you
send
in
your
end­
of­
year
report,
you
may
consider
reserved
any
credits
you
originally
designate
for
banking
during
certification.
You
may
redesignate
these
credits
for
trading
in
your
end­
of­
year
report,
but
they
are
not
valid
to
demonstrate
compliance
until
verified.
(
e)
You
may
use
for
averaging
or
trading
any
credits
you
declared
for
banking
from
the
previous
calendar
year
that
we
have
not
reviewed.
But,
we
may
revoke
these
credits
later
 
following
our
review
of
your
end­
of­
year
report
or
audit
actions.
For
example,
this
could
occur
if
we
find
that
credits
are
based
on
erroneous
calculations;
or
that
emission
levels
are
misrepresented,
unsubstantiated,
or
derived
incorrectly
in
the
certification
process.

§
1051.715
How
do
I
trade
emission
credits?

(
a)
You
may
trade
only
banked
emission
credits,
not
reserved
credits.
(
b)
You
may
trade
banked
credits
to
any
certifying
manufacturer.
(
c)
If
a
negative
credit
balance
results
from
a
credit
trade,
both
buyers
and
sellers
are
liable,
except
in
cases
involving
fraud.
We
may
void
the
certificates
of
all
emission
families
participating
in
a
negative
trade.
(
1)
If
you
buy
credits
but
have
not
caused
the
negative
credit
balance,
you
must
only
supply
more
credits
equivalent
to
the
amount
of
invalid
credits
you
used.
(
2)
If
you
caused
the
credit
shortfall,
you
may
be
subject
to
the
requirement
sof
§
1051.730(
b)(
6).

§
1051.720
How
do
I
calculate
my
average
emission
level
or
emission
credits?

(
a)
Calculate
your
average
emission
level
for
each
type
of
recreational
vehicle
or
engine
for
each
model
year
according
to
the
following
equation
and
round
it
to
the
nearest
tenth
of
a
g/
km
or
g/
kW­
hr.
Use
consistent
units
throughout
the
calculation.
(
1)
For
exhaust
emissions:
(
i)
Calculate
the
average
emission
level
as:

Emission
level
=
(
FEL)
(
UL)
(
Production)
Production
(
UL)

i
i
i
i
i
 
 
×
×
 
 
 
 
 
 
×
 
 
 
 
 
 
(
)

i
i
Where:
FELi
=
The
FEL
to
which
the
engine
family
is
certified.
ULi
=
The
useful
life
of
the
engine
family.
Productioni
=
The
number
of
vehicles
in
the
engine
family.
(
ii)
Use
U.
S.­
directed
production
projections
for
initial
certification,
and
actual
U.
S.­
directed
production
volumes
to
determine
compliance
at
the
end
of
the
model
year.
(
2)
For
vehicles
that
have
standards
expressed
as
g/
kW­
hr
and
a
useful
life
in
km,
convert
the
useful
life
to
kW­
hr
based
on
the
maximum
power
output
observed
over
the
emission
test
and
an
assumed
vehicle
speed
of
30
km/
hr
as
follows:
UL
(
kW­
hr)
=
UL
(
km)
×
Maximum
Test
Power
(
kW)
÷
30
km/
hr.
(
Note:
It
is
not
necessary
to
include
a
load
factor,
since
credit
exchange
is
not
allowed
between
vehicles
certified
to
g/
kW­
hr
standards
and
vehicles
certified
to
g/
km
standards.)
(
3)
For
evaporative
permeation
standards
expressed
as
g/
m2/
day,
use
the
useful
life
value
in
years
multiplied
by
365.24,
and
calculate
the
average
emission
level
as:

Emission
level
=
(
FEL)
(
UL)
(
Production)
Production
(
UL)

i
i
i
i
i
 
 
×
×
 
 
 
 
 
 
×
 
 
 
 
 
 
(
)

i
i
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Where:
Productioni
=
The
number
of
vehicles
in
the
engine
family
times
the
average
internal
surface
area
of
the
vehicles'
fuel
tanks.
(
b)
If
your
average
emission
level
is
below
the
average
standard,
calculate
credits
available
for
banking
according
to
the
following
equation
and
round
them
to
the
nearest
tenth
of
a
gram:

Credit
=
(
Average
standard
Emission
level)
Production
(
UL)
i
 
[
]
×
×
 
 
 
 
 
 
 
(
)

i
i
(
c)
If
your
average
emission
level
is
above
the
average
standard,
calculate
your
preliminary
credit
deficit
according
to
the
following
equation,
rounding
to
the
nearest
tenth
of
a
gram:

Deficit
=
(
Emission
level
Average
standard)
(
Production)
(
UL)

i
i
i
 
[
]
×
×
 
 
 
 
 
 
 

§
1051.725
What
information
must
I
keep?
(
a)
Maintain
and
keep
five
types
of
properly
organized
and
indexed
records
for
each
engine
family:
(
1)
Model
year
and
EPA
engine
family.
(
2)
FEL.
(
3)
Useful
life.
(
4)
Projected
U.
S.­
directed
production
volume
for
the
model
year.
(
5)
Actual
U.
S.­
directed
production
volume
for
the
model
year.
(
b)
Keep
paper
records
of
this
information
for
three
years
from
the
due
date
for
the
end­
of­
year
report.
You
may
use
any
additional
storage
formats
or
media
if
you
like.
(
c)
Keep
a
copy
of
all
of
the
information
you
send
us
under
§
1051.730.
(
d)
We
may
ask
you
to
keep
or
send
other
information
necessary
to
implement
this
subpart.

§
1051.730
What
information
must
I
report?
(
a)
Include
the
following
information
in
each
of
your
applications
for
certification:
(
1)
A
statement
that,
to
the
best
of
your
belief,
you
will
not
have
a
negative
credit
balance
for
any
type
of
recreational
vehicle
or
engine
when
all
credits
are
calculated.
This
means
that
if
you
believe
that
your
average
emission
level
will
be
above
the
standard
(
i.
e.,
that
you
will
have
a
deficit
for
the
model
year),
you
must
have
banked
credits
(
or
project
to
have
received
traded
credits)
to
offset
the
deficit.
(
2)
Detailed
calculations
of
projected
emission
credits
(
zero,
positive,
or
negative)
based
on
U.
S.­
directed
production
projections.
If
you
project
a
credit
deficit,
state
the
source
of
credits
needed
to
offset
the
credit
deficit.
(
b)
At
the
end
of
each
model
year,
send
an
end­
of­
year
report.
(
1)
Your
report
must
include
three
things:
(
i)
Calculate
in
detail
your
average
emission
level
and
any
emission
credits
(
positive,
or
negative)
based
on
actual
U.
S.­
directed
production
volumes.
(
ii)
If
your
average
emission
level
is
above
the
allowable
average
standard,
demonstrate
that
you
have
the
credits
needed
to
offset
the
credit
deficit.
If
you
cannot
demonstrate
that
you
have
the
credits
at
the
time
you
submit
your
endof
year
report,
we
may
void
the
certificates
for
all
families
certified
to
FELs
above
the
allowable
average.
(
iii)
If
your
average
emission
level
is
below
the
allowable
average
standard,
state
whether
you
will
reserve
the
credits
for
banking.
(
2)
Base
your
U.
S.­
directed
production
volumes
on
the
point
of
first
retail
sale.
You
may
consider
distributors
to
be
the
point
of
first
retail
sale
if
all
their
engines
are
sold
to
ultimate
buyers
in
the
United
States.
(
3)
Send
end­
of­
year
reports
to
the
Designated
Officer
within
120
days
of
the
end
of
the
model
year.
If
you
send
reports
later,
you
are
violating
the
Act.
(
4)
If
you
generate
credits
for
banking
and
you
do
not
send
your
end­
of­
year
reports
within
120
days
after
the
end
of
the
model
year,
you
may
not
use
or
trade
the
credits
until
we
receive
and
review
your
reports.
You
may
not
use
projected
credits
pending
our
review.
(
5)
You
may
correct
errors
discovered
in
your
end­
of­
year
report,
including
errors
in
calculating
credits
according
to
the
following
table:

If
 
And
if
 
Then
we
 
(
i)
Our
review
discovers
an
error
in
your
end­
of­
year
report
that
increases
your
credit
balance.
the
discovery
occurs
within
180
days
of
receipt
.............
restore
the
credits
for
your
use.

(
ii)
You
discover
an
error
in
your
report
that
increases
your
credit
balance.
the
discovery
occurs
within
180
days
of
receipt
.............
restore
the
credits
for
your
use.

(
iii)
We
or
you
discover
and
error
in
your
report
that
increases
your
credit
balance.
the
discovery
occurs
more
than
180
days
after
receipt
do
not
restore
the
credits
for
your
use.

(
iv)
We
discover
an
error
in
your
report
that
reduces
your
credit
balance.
at
any
time
after
receipt
..................................................
reduce
your
credit
balance
(
6)
If
our
review
of
a
your
end­
of
yearreport
shows
a
negative
balance,
you
may
buy
credits
to
bring
your
credit
balance
to
zero.
But
you
must
buy
1.1
credits
for
each
1.0
credit
needed.
If
enough
credits
are
not
available
to
bring
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Rules
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Regulations
your
credit
balance
to
zero
within
90
days
of
when
we
notify
you,
we
may
void
the
certificates
for
all
families
certified
to
FELs
above
the
allowable
average.
(
c)
Within
90
days
of
any
credit
trade,
you
must
send
the
Designated
Officer
a
report
of
the
trade
that
includes
three
types
of
information:
(
1)
The
corporate
names
of
the
buyer,
seller,
and
any
brokers.
(
2)
Copies
of
contracts
related
to
credit
trading
from
the
buyer,
seller,
and
broker,
as
applicable.
(
d)
Include
in
each
report
a
statement
certifying
the
accuracy
and
authenticity
of
its
contents.
(
e)
We
may
void
a
certificate
of
conformity
for
any
emission
family
if
you
do
not
keep
the
records
this
section
requires
or
give
us
the
information
when
we
ask
for
it.

§
1051.735
Are
there
special
averaging
provisions
for
snowmobiles?
For
snowmobiles,
you
may
only
use
credits
for
the
same
phase
or
set
of
standards
against
which
they
were
generated,
except
as
allowed
by
this
section.
(
a)
Restrictions.
(
1)
You
may
not
use
any
Phase
1
or
Phase
2
credits
for
Phase
3
compliance.
(
2)
You
may
not
use
Phase
1
HC
credits
for
Phase
2
HC
compliance.
However,
because
the
Phase
1
and
Phase
2
CO
standards
are
the
same,
you
may
use
Phase
1
CO
credits
for
compliance
with
the
Phase
2
CO
standards.
(
b)
Special
credits
for
next
phase
of
standards.
You
may
choose
to
generate
credits
early
for
banking
for
purposes
of
compliance
with
later
phases
of
standards
as
follows:
(
1)
If
your
corporate
average
emission
level
at
the
end
of
the
model
year
exceeds
the
applicable
(
current)
phase
of
standards
(
without
the
use
of
traded
or
previously
banked
credits),
you
may
choose
to
redesignate
some
of
your
snowmobile
production
to
a
calculation
to
generate
credits
for
a
future
phase
of
standards.
To
generate
credits
the
snowmobiles
designated
must
have
an
FEL
below
the
emission
level
of
that
set
of
standards.
This
can
be
done
on
a
pollutant
specific
basis.
(
2)
Do
not
include
the
snowmobiles
that
you
redesignate
in
the
final
compliance
calculation
of
your
average
emission
level
for
the
otherwise
applicable
(
current)
phase
of
standards.
Your
average
emission
level
for
the
remaining
(
non­
redesignated)
snowmobiles
must
comply
with
the
otherwise
applicable
(
current)
phase
of
standards.
(
3)
Include
the
snowmobiles
that
you
redesignate
in
a
separate
calculation
of
your
average
emission
level
for
redesignated
engines.
Calculate
credits
using
this
average
emission
level
relative
to
the
specific
pollutant
in
the
future
phase
of
standards.
These
credits
may
be
used
for
compliance
with
the
future
standards.
(
4)
For
generating
early
Phase
3
credits,
you
may
generate
credits
for
HC+
NOX
or
CO
separately
as
described:
(
i)
To
determine
if
you
qualify
to
generate
credits
in
accordance
with
paragraphs
(
b)(
1)
through
(
3)
of
this
section,
you
must
meet
the
credit
trigger
level.
For
HC+
NOX
this
value
is
62
g/
kW­
hr
(
which
would
be
the
HC+
NOX
standard
that
would
result
from
inputting
the
highest
allowable
CO
standard
(
275
g/
kW­
hr)
into
the
Phase
3
equation).
For
CO
the
value
is
200
g/
kW­
hr
(
which
would
be
the
CO
standard
that
would
result
from
inputting
the
highest
allowable
HC+
NOX
standard
(
90
g/
kW­
hr)
into
the
Phase
3
equation).
(
ii)
HC+
NOX
and
CO
credits
for
Phase
3
are
calculated
relative
to
the
62
g/
kWhr
and
200
g/
kW­
hr
values,
respectively.
(
5)
Credits
can
also
be
calculated
for
Phase
3
using
both
sets
of
standards.
Without
regard
to
the
trigger
level
values,
if
your
net
emission
reduction
for
the
redesignated
averaging
set
exceeds
the
requirements
of
Phase
3
in
§
1051.103
(
using
both
HC+
NOX
and
CO
in
the
Phase
3
equation
in
§
1051.103),
then
your
credits
are
the
difference
between
the
Phase
3
reduction
requirement
of
that
section
and
your
calculated
value.

Subpart
I
 
Definitions
and
Other
Reference
Information
§
1051.801
What
definitions
apply
to
this
part?

The
following
definitions
apply
to
this
part.
The
definitions
apply
to
all
subparts
unless
we
note
otherwise.
All
undefined
terms
have
the
meaning
the
Act
gives
to
them.
The
definitions
follow:
Act
means
the
Clean
Air
Act,
as
amended,
42
U.
S.
C.
7401
et
seq.
Adjustable
parameter
means
any
device,
system,
or
element
of
design
that
someone
can
adjust
(
including
those
which
are
difficult
to
access)
and
that,
if
adjusted,
may
affect
emissions
or
engine
performance
during
emission
testing
or
normal
in­
use
operation.
You
may
ask
us
to
exclude
a
parameter
that
is
difficult
to
access
if
it
cannot
be
adjusted
to
affect
emissions
without
significantly
degrading
performance,
or
if
you
otherwise
show
us
that
it
will
not
be
adjusted
in
use
in
a
way
that
affect
emissions
Aftertreatment
means
relating
to
any
system,
component,
or
technology
mounted
downstream
of
the
exhaust
valve
or
exhaust
port
whose
design
function
is
to
reduce
exhaust
emissions.
All­
terrain
vehicle
means
a
land­
based
or
amphibious
nonroad
vehicle
that
meets
the
criteria
listed
in
paragraph
(
1)
of
this
definition;
or,
alternatively,
the
criteria
of
paragraph
(
2)
of
this
definition
but
not
the
criteria
of
paragraph
(
3)
of
this
definition.
(
1)
Vehicles
designed
to
travel
on
four
low
pressure
tires,
having
a
seat
designed
to
be
straddled
by
the
operator
and
handlebars
for
steering
controls,
and
intended
for
use
by
a
single
operator
and
no
other
passengers
are
allterrain
vehicles.
(
2)
Other
all­
terrain
vehicles
have
three
or
more
wheels
and
one
or
more
seats,
are
designed
for
operation
over
rough
terrain,
and
are
intended
primarily
for
transportation.
Golf
carts
generally
do
not
meet
these
criteria
since
they
are
generally
not
designed
for
operation
over
rough
terrain.
(
3)
Vehicles
that
meet
the
definition
of
``
offroad
utility
vehicle''
in
this
section
are
not
all­
terrain
vehicles.
However,
§
1051.1(
a)
specifies
that
some
offroad
utility
vehicles
are
required
to
meet
the
same
requirements
as
allterrain
vehicles.
Auxiliary
emission­
control
device
means
any
element
of
design
that
senses
temperature,
engine
rpm,
motive
speed,
transmission
gear,
atmospheric
pressure,
manifold
pressure
or
vacuum,
or
any
other
parameter
to
activate,
modulate,
delay,
or
deactivate
the
operation
of
any
part
of
the
emissioncontrol
system.
This
also
includes
any
other
feature
that
causes
in­
use
emissions
to
be
higher
than
those
measured
under
test
conditions,
except
as
we
allow
under
this
part.
For
example,
an
accelerator
pump
would
be
considered
an
auxiliary
emissioncontrol
device.
Brake
power
means
the
usable
power
output
of
the
engine
not
including
power
required
to
operate
fuel
pumps,
oil
pumps,
or
coolant
pumps.
Broker
means
any
entity
that
facilitates
a
trade
of
emission
credits
between
a
buyer
and
seller.
Calibration
means
the
set
of
specifications
and
tolerances
specific
to
a
particular
design,
version,
or
application
of
a
component
or
assembly
capable
of
functionally
describing
its
operation
over
its
working
range.
Certification
means
obtaining
a
certificate
of
conformity
for
an
engine
family
that
complies
with
the
emission
standards
and
requirements
in
this
part.
Compression­
ignition
means
relating
to
a
type
of
reciprocating,
internalcombustion
engine
that
is
not
a
sparkignition
engine.

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Vol.
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8,
2002
/
Rules
and
Regulations
Crankcase
emissions
means
airborne
substances
emitted
to
the
atmosphere
from
any
part
of
the
engine
crankcase's
ventilation
or
lubrication
systems.
The
crankcase
is
the
housing
for
the
crankshaft
and
other
related
internal
parts.
Designated
Officer
means
the
Manager,
Engine
Programs
Group
(
6405
 
J),
U.
S.
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
Washington,
DC
20460.
Emission­
control
system
means
any
device,
system,
or
element
of
design
that
controls
or
reduces
the
regulated
emissions
from
a
vehicle.
Emission­
data
vehicle
means
a
vehicle
or
engine
that
is
tested
for
certification.
Emission­
related
maintenance
means
maintenance
that
substantially
affects
emissions
or
is
likely
to
substantially
affect
emissions
deterioration.
Engine
family
means
a
group
of
vehicles
with
similar
emission
characteristics,
as
specified
in
§
1051.230.
Evaporative
means
relating
to
fuel
emissions
that
result
from
permeation
of
fuel
through
the
fuel
system
materials
and
from
ventilation
of
the
fuel
system.
Family
emission
limit
(
FEL)
means
an
emission
level
declared
by
the
manufacturer
to
serve
in
place
of
an
emission
standard
for
certification
under
the
emission­
credit
program
in
subpart
H
of
this
part.
The
family
emission
limit
must
be
expressed
to
the
same
number
of
decimal
places
as
the
emission
standard
it
replaces.
Fuel
system
means
all
components
involved
in
transporting,
metering,
and
mixing
the
fuel
from
the
fuel
tank
to
the
combustion
chamber(
s),
including
the
fuel
tank,
fuel
tank
cap,
fuel
pump,
fuel
filters,
fuel
lines,
carburetor
or
fuelinjection
components,
and
all
fuelsystem
vents.
Good
engineering
judgment
has
the
meaning
we
give
it
in
§
1068.5
of
this
chapter.
Hydrocarbon
(
HC)
means
the
hydrocarbon
group
on
which
the
emission
standards
are
based
for
each
fuel
type.
For
gasoline­
and
LPG­
fueled
engines,
HC
means
total
hydrocarbon
(
THC).
For
natural
gas­
fueled
engines,
HC
means
nonmethane
hydrocarbon
(
NMHC).
For
alcohol­
fueled
engines,
HC
means
total
hydrocarbon
equivalent
(
THCE).
Identification
number
means
a
unique
specification
(
for
example,
model
number/
serial
number
combination)
that
allows
someone
to
distinguish
a
particular
vehicle
or
engine
from
other
similar
vehicle
or
engines.
Manufacturer
has
the
meaning
given
in
section
216(
1)
of
the
Act.
In
general,
this
term
includes
any
person
who
manufactures
a
vehicle
or
engine
for
sale
in
the
United
States
or
otherwise
introduces
a
new
vehicle
or
engine
into
commerce
in
the
United
States.
This
includes
importers
that
import
for
resale.
Maximum
brake
power
means
the
maximum
brake
power
of
an
engine
at
test
conditions.
Maximum
test
power
means
the
maximum
brake
power
of
an
engine
at
maximum
test
speed.
Maximum
test
speed
has
the
meaning
we
give
in
§
1065.515
of
this
chapter
Maximum
test
torque
means
the
torque
output
observed
at
wide­
open
throttle
at
a
given
speed.
Model
year
means
one
of
the
following
things:
(
1)
For
freshly
manufactured
vehicles
or
engines
(
see
definition
of
``
new,''
paragraph
(
1)),
model
year
means
one
of
the
following:
(
i)
Calendar
year.
(
ii)
Your
annual
new
model
production
period
if
it
is
different
than
the
calendar
year.
This
must
include
January
1
of
the
calendar
year
for
which
the
model
year
is
named.
It
may
not
begin
before
January
2
of
the
previous
calendar
year
and
it
must
end
by
December
31
of
the
named
calendar
year.
(
2)
For
a
vehicle
or
engine
that
is
converted
to
a
nonroad
vehicle
or
engine
after
being
placed
into
service
in
a
motor
vehicle,
model
year
means
the
calendar
year
in
which
the
vehicle
or
engine
was
originally
produced
(
see
definition
of
``
new,''
paragraph
(
2)).
(
3)
For
a
nonroad
vehicle
excluded
under
§
1051.5
that
is
later
converted
to
operate
in
an
application
that
is
not
excluded,
model
year
means
the
calendar
year
in
which
the
vehicle
was
originally
produced
(
see
definition
of
``
new,''
paragraph
(
3)).
(
4)
For
engines
that
are
not
freshly
manufactured
but
are
installed
in
new
nonroad
vehicles,
model
year
means
the
calendar
year
in
which
the
engine
is
installed
in
the
new
nonroad
vehicle.
This
installation
date
is
based
on
the
time
that
final
assembly
of
the
vehicle
is
complete
(
see
definition
of
``
new,''
paragraph
(
4)).
(
5)
For
a
vehicle
or
engine
modified
by
an
importer
(
not
the
original
manufacturer)
who
has
a
certificate
of
conformity
for
the
imported
vehicle
or
engine
(
see
definition
of
``
new,''
paragraph
(
5)),
model
year
means
one
of
the
following:
(
i)
The
calendar
year
in
which
the
importer
finishes
modifying
and
labeling
the
vehicle
or
engine.
(
ii)
Your
annual
production
period
for
producing
vehicles
or
engines
if
it
is
different
than
the
calendar
year;
follow
the
guidelines
in
paragraph
(
1)(
ii)
of
this
definition.
(
6)
For
a
vehicle
or
engine
you
import
that
does
not
meet
the
criteria
in
paragraphs
(
1)
through
(
5)
of
the
definition
of
``
new''
model
year
means
the
calendar
year
in
which
the
manufacturer
completed
the
original
assembly
of
the
vehicle
or
engine.
In
general,
this
applies
to
used
equipment
that
you
import
without
conversion
or
major
modification.
Motor
vehicle
has
the
meaning
we
give
in
§
85.1703(
a)
of
this
chapter.
In
general,
motor
vehicle
means
a
selfpropelled
vehicle
that
can
transport
one
or
more
people
or
any
material,
but
does
not
include
any
of
the
following:
(
1)
Vehicles
having
a
maximum
ground
speed
over
level,
paved
surfaces
no
higher
than
40
km
per
hour
(
25
miles
per
hour).
(
2)
Vehicles
that
lack
features
usually
needed
for
safe,
practical
use
on
streets
or
highways­
for
example,
safety
features
required
by
law,
a
reverse
gear
(
except
for
motorcycles),
or
a
differential.
(
3)
Vehicles
whose
operation
on
streets
or
highways
would
be
unsafe,
impractical,
or
highly
unlikely.
Examples
are
vehicles
with
tracks
instead
of
wheels,
very
large
size,
or
features
associated
with
military
vehicles,
such
as
armor
or
weaponry.
New
means
relating
to
any
of
the
following
vehicles
or
engines:
(
1)
A
freshly
manufactured
engine
or
vehicle
for
which
the
ultimate
buyer
has
never
received
the
equitable
or
legal
title.
This
kind
of
vehicle
might
commonly
be
thought
of
as
``
brand
new.''
In
the
case
of
this
paragraph
(
1),
the
vehicle
or
engine
is
no
longer
new
when
the
ultimate
buyer
receives
this
title
or
the
product
is
placed
into
service,
whichever
comes
first.
(
2)
An
engine
originally
manufactured
as
a
motor
vehicle
engine
that
is
later
intended
to
be
used
in
a
piece
of
nonroad
equipment.
In
this
case,
the
engine
ceases
being
a
motor
vehicle
engine
and
becomes
a
``
new
nonroad
engine''.
The
engine
is
no
longer
new
when
it
is
placed
into
nonroad
service.
(
3)
A
nonroad
engine
that
has
been
previously
placed
into
service
in
an
application
we
exclude
under
§
1051.5
or
exempt
under
1051.620,
where
that
engine
is
installed
in
a
piece
of
equipment
for
which
these
exclusions
or
exemptions
do
not
apply.
The
engine
is
no
longer
new
when
it
is
placed
into
nonroad
service.
For
example,
this
would
apply
to
a
competition
vehicle
that
is
no
longer
used
solely
for
competition.
(
4)
An
engine
not
covered
by
paragraphs
(
1)
through
(
3)
of
this
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Rules
and
Regulations
definition
that
is
intended
to
be
installed
in
new
nonroad
equipment.
The
engine
is
no
longer
new
when
the
ultimate
buyer
receives
a
title
for
the
equipment
or
the
product
is
placed
into
service,
whichever
comes
first.
This
generally
includes
installation
of
used
engines
in
new
vehicles.
(
5)
An
imported
nonroad
vehicle
or
engine
covered
by
a
certificate
of
conformity
issued
under
this
part,
where
someone
other
than
the
original
manufacturer
modifies
the
vehicle
or
engine
after
its
initial
assembly
and
holds
the
certificate.
The
vehicle
or
engine
is
no
longer
new
when
it
is
placed
into
nonroad
service.
(
6)
An
imported
nonroad
vehicle
or
engine
that
is
not
covered
by
a
certificate
of
conformity
issued
under
this
part
at
the
time
of
importation.
This
addresses
uncertified
engines
and
vehicles
that
have
been
placed
into
service
in
other
countries
and
that
someone
seeks
to
import
into
the
United
States.
Importation
of
this
kind
of
new
nonroad
engine
or
vehicle
is
generally
prohibited
by
part
1068
of
this
chapter.
Noncompliant
vehicle
or
engine
means
a
vehicle
or
engine
that
was
originally
covered
by
a
certificate
of
conformity,
but
is
not
in
the
certified
configuration
or
otherwise
does
not
comply
with
the
conditions
of
the
certificate.
Nonconforming
vehicle
or
engine
means
a
vehicle
or
engine
not
covered
by
a
certificate
of
conformity
that
would
otherwise
be
subject
to
emission
standards.
Nonmethane
hydrocarbon
means
the
difference
between
the
emitted
mass
of
total
hydrocarbons
and
the
emitted
mass
of
methane.
Nonroad
means
relating
to
nonroad
engines,
or
to
vehicles
or
equipment
that
include
nonroad
engines.
Nonroad
engine
has
the
meaning
given
in
§
1068.30
of
this
chapter.
In
general
this
means
all
internalcombustion
engines
except
motor
vehicle
engines,
stationary
engines,
or
engines
used
solely
for
competition.
This
part
only
applies
to
nonroad
engines
that
are
used
in
snowmobiles,
off­
highway
motorcycles,
and
ATVs
(
see
§
1051.5).
Off­
highway
motorcycle
means
a
twowheeled
vehicle
with
a
nonroad
engine
and
a
seat
(
excluding
marine
vessels
and
aircraft).
(
Note:
highway
motorcycles
are
regulated
under
40
CFR
part
86.)
Offroad
utility
vehicle
means
a
nonroad
vehicle
that
has
four
or
more
wheels,
seating
for
two
or
more
persons,
is
designed
for
operation
over
rough
terrain,
and
has
either
a
rear
payload
350
pounds
or
more
or
seating
for
six
or
more
passengers.
Vehicles
intended
primarily
for
recreational
purposes
that
are
not
capable
of
transporting
six
passengers
(
such
as
dune
buggies)
are
not
offroad
utility
vehicles.
(
Note:
§
1051.1(
a)
specifies
that
some
offroad
utility
vehicles
are
required
to
meet
the
requirements
that
apply
for
all­
terrain
vehicles.)
Oxides
of
nitrogen
has
the
meaning
given
it
in
40
CFR
part
1065.
Phase
1
means
relating
to
Phase
1
standards
of
§
§
1051.103,
1051.105,
or
1051.107,
or
other
Phase
1
standards
specified
in
subpart
B
of
this
part.
Phase
2
means
relating
to
Phase
2
standards
of
§
1051.103,
or
other
Phase
2
standards
specified
in
subpart
B
of
this
part.
Phase
3
means
relating
to
Phase
3
standards
of
§
1051.103,
or
other
Phase
3
standards
specified
in
subpart
B
of
this
part.
Physically
adjustable
range
means
the
entire
range
over
which
an
engine
parameter
can
be
adjusted,
except
as
modified
by
§
1051.115(
c).
For
parts
described
in
§
1051.115(
d),
``
physically
adjustable
range''
means
the
adjustable
range
defined
in
that
paragraph.
Placed
into
service
means
used
for
its
intended
purpose.
Point
of
first
retail
sale
means
the
location
at
which
the
retail
sale
occurs.
This
generally
means
a
dealership.
Recreational
means,
for
purposes
of
this
part,
relating
to
snowmobiles,
allterrain
vehicles,
off­
highway
motorcycles,
and
other
vehicles
that
we
regulate
under
this
part.
Note
that
40
CFR
part
90
applies
to
other
recreational
vehicles.
Revoke
means
to
discontinue
the
certificate
for
an
engine
family.
If
we
revoke
a
certificate,
you
must
apply
for
a
new
certificate
before
continuing
to
produce
the
affected
vehicles
or
engines.
This
does
not
apply
to
vehicles
or
engines
you
no
longer
possess.
Round
means
to
round
numbers
according
to
ASTM
E29
 
02
(
incorporated
by
reference
in
§
1051.810),
unless
otherwise
specified.
Scheduled
maintenance
means
adjusting,
repairing,
removing,
disassembling,
cleaning,
or
replacing
components
or
systems
that
is
periodically
needed
to
keep
a
part
from
failing
or
malfunctioning.
It
also
may
mean
actions
you
expect
are
necessary
to
correct
an
overt
indication
of
failure
or
malfunction
for
which
periodic
maintenance
is
not
appropriate.
Small­
volume
manufacturer
means:
(
1)
For
motorcycles
and
ATVs,
a
manufacturer
that
sold
motorcycles
or
ATVs
before
2003
and
had
annual
U.
S.­
directed
production
of
no
more
than
5,000
off­
road
motorcycles
and
ATVs
(
combined
number)
in
2002
and
all
earlier
calendar
years.
For
manufacturers
owned
by
a
parent
company,
the
limit
applies
to
the
production
of
the
parent
company
and
all
of
its
subsidiaries.
(
2)
For
snowmobiles,
a
manufacturer
that
sold
snowmobiles
before
2003
and
had
annual
U.
S.­
directed
production
of
no
more
than
300
snowmobiles
in
2002
and
all
earlier
model
years.
For
manufacturers
owned
by
a
parent
company,
the
limit
applies
to
the
production
of
the
parent
company
and
all
of
its
subsidiaries.
(
3)
A
manufacturer
that
we
designate
to
be
a
small­
volume
manufacturer
under
§
1051.635.
Snowmobile
means
a
vehicle
designed
to
operate
outdoors
only
over
snowcovered
ground,
with
a
maximum
width
of
1.5
meters
or
less.
Spark­
ignition
means
relating
to
a
gasoline­
fueled
engine,
or
any
other
engine
with
a
spark
plug
(
or
other
sparking
device)
and
with
operating
characteristics
significantly
similar
to
the
theoretical
Otto
combustion
cycle.
Spark­
ignition
engines
usually
use
a
throttle
to
regulate
intake
air
flow
to
control
power
during
normal
operation.
Suspend
means
to
temporarily
discontinue
the
certificate
for
an
engine
family.
If
we
suspend
a
certificate,
you
may
not
sell
vehicles
or
engines
from
that
engine
family
unless
we
reinstate
the
certificate
or
approve
a
new
one.
Test
sample
means
the
collection
of
vehicles
or
engines
selected
from
the
population
of
an
engine
family
for
emission
testing.
Test
vehicle
or
engine
means
a
vehicle
or
engine
in
a
test
sample.
Total
hydrocarbon
means
the
combined
mass
organic
compounds
measured
by
our
total
hydrocarbon
test
procedure,
expressed
as
a
hydrocarbon
with
a
hydrogen­
to­
carbon
mass
ratio
of
1.85:
1.
Total
hydrocarbon
equivalent
means
the
sum
of
the
carbon
mass
contributions
of
non­
oxygenated
hydrocarbons,
alcohols
and
aldehydes,
or
other
organic
compounds
that
are
measured
separately
as
contained
in
a
gas
sample,
expressed
as
petroleumfueled
engine
hydrocarbons.
The
hydrogen­
to­
carbon
ratio
of
the
equivalent
hydrocarbon
is
1.85:
1.
Ultimate
buyer
means
ultimate
purchaser.
Ultimate
purchaser
means,
with
respect
to
any
new
vehicle
or
engine,
the
first
person
who
in
good
faith
purchases
such
vehicle
or
engine
for
purposes
other
than
resale.
United
States
means
the
States,
the
District
of
Columbia,
the
Commonwealth
of
Puerto
Rico,
the
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/
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8,
2002
/
Rules
and
Regulations
Commonwealth
of
the
Northern
Mariana
Islands,
Guam,
American
Samoa,
the
U.
S.
Virgin
Islands,
and
the
Trust
Territory
of
the
Pacific
Islands.
Upcoming
model
year
means
for
an
engine
family
the
model
year
after
the
one
currently
in
production.
U.
S.­
directed
production
means
the
number
of
vehicle
units,
subject
to
the
requirements
of
this
part,
produced
by
a
manufacturer
(
and/
or
imported)
for
which
the
manufacturer
has
a
reasonable
assurance
that
sale
was
or
will
be
made
to
ultimate
buyers
in
the
United
States.
Useful
life
means
the
period
during
which
a
vehicle
is
required
to
comply
with
all
applicable
emission
standards,
specified
as
a
number
of
kilometers,
hours,
and/
or
calendar
years.
It
must
be
at
least
as
long
as
both
of
the
following:
(
1)
The
expected
average
service
life
before
the
vehicle
is
remanufactured
or
retired
from
service.
(
2)
The
minimum
useful
life
value.
Void
means
to
invalidate
a
certificate
or
an
exemption.
If
we
void
a
certificate,
all
the
vehicles
produced
under
that
engine
family
for
that
model
year
are
considered
noncompliant,
and
you
are
liable
for
each
vehicle
produced
under
the
certificate
and
may
face
civil
or
criminal
penalties
or
both.
If
we
void
an
exemption,
all
the
vehicles
produced
under
that
exemption
are
considered
uncertified
(
or
nonconforming),
and
you
are
liable
for
each
vehicle
produced
under
the
exemption
and
may
face
civil
or
criminal
penalties
or
both.
You
may
not
produce
any
additional
vehicles
using
the
voided
exemption.
Wide­
open
throttle
means
maximum
throttle
opening.
Unless
this
is
specified
at
a
given
speed,
it
refers
to
maximum
throttle
opening
at
maximum
speed.
For
electronically
controlled
or
other
engines
with
multiple
possible
fueling
rates,
wide­
open
throttle
also
means
the
maximum
fueling
rate
at
maximum
throttle
opening
under
test
conditions.

§
1051.805
What
symbols,
acronyms,
and
abbreviations
does
this
part
use?

The
following
symbols,
acronyms,
and
abbreviations
apply
to
this
part:

°
 
degrees.
ASTM
 
American
Society
for
Testing
and
Materials.
ATV
 
all­
terrain
vehicle.
cc
 
cubic
centimeters.
cm
 
centimeter.
C
 
Celsius.
CO
 
carbon
monoxide.
CO2
 
carbon
dioxide.
EPA
 
Environmental
Protection
Agency.
F
 
Fahrenheit.
g
 
grams.
g/
gal/
day
 
grams
per
gallon
per
test
day.
g/
m2/
day
 
grams
per
meter­
square
per
test
day.
Hg
 
mercury.
hr
 
hours.
km
 
kilometer.
kW
 
kilowatt.
LPG
 
liquefied
petroleum
gas.
m
 
meters.
mm
 
millimeters.
mW
 
milliwatts.
NMHC
 
nonmethane
hydrocarbons.
NOX
 
oxides
of
nitrogen
(
NO
and
NOX).
psig
 
pounds
per
square
inches
of
gauge
pressure.
rpm
 
revolutions
per
minute.
SAE
 
Society
of
Automotive
Engineers.
SI
 
spark­
ignition.
THC
 
total
hydrocarbon.
THCE
 
total
hydrocarbon
equivalent.
U.
S.
C.
 
United
States
Code.

§
1051.810
What
materials
does
this
part
reference?
We
have
incorporated
by
reference
the
documents
listed
in
this
section.
The
Director
of
the
Federal
Register
approved
the
incorporation
by
reference
as
prescribed
in
5
U.
S.
C.
552(
a)
and
1
CFR
part
51.
Anyone
may
inspect
copies
at
the
U.
S.
EPA,
Air
and
Radiation
Docket
and
Information
Center,
1301
Constitution
Ave.,
NW.,
Room
B102,
EPA
West
Building,
Washington,
DC
20460
or
the
Office
of
the
Federal
Register,
800
N.
Capitol
St.,
NW.,
7th
Floor,
Suite
700,
Washington,
DC.
(
a)
ASTM
material.
Table
1
of
§
1051.810
lists
material
from
the
American
Society
for
Testing
and
Materials
that
we
have
incorporated
by
reference.
The
first
column
lists
the
number
and
name
of
the
material.
The
second
column
lists
the
sections
of
this
part
where
we
reference
it.
Anyone
may
purchase
copies
of
these
materials
from
the
American
Society
for
Testing
and
Materials,
100
Barr
Harbor
Dr.,
West
Conshohocken,
PA
19428.
Table
1
follows:

TABLE
1
OF
§
1051.810.
 
ASTM
MATERIALS
Document
number
and
name
Part
1051
reference
ASTM
D471
 
98,
Standard
Test
Method
for
Rubber
Property­
Effect
of
Liquids.
.....................
1051.501
ASTM
D814
 
95
(
reapproved
2000),
Standard
Test
Method
for
Rubber
Property­
Vapor
Transmission
of
Volatile
Liquids
.........................................
1051.245
ASTM
E29
 
02,
Standard
Practice
for
Using
Significant
Digits
in
Test
Data
to
Determine
Conformance
with
Specifications
........................................
1051.801
(
b)
SAE
material.
Table
2
of
§
1051.810
lists
material
from
the
Society
of
Automotive
Engineering
that
we
have
incorporated
by
reference.
The
first
column
lists
the
number
and
name
of
the
material.
The
second
column
lists
the
sections
of
this
part
where
we
reference
it.
Anyone
may
purchase
copies
of
these
materials
from
the
Society
of
Automotive
Engineers,
400
Commonwealth
Drive,
Warrendale,
PA
15096.
Table
2
follows:

TABLE
2
OF
§
1051.810.
 
SAE
MATERIALS
Document
number
and
name
Part
1051
reference
SAE
J30,
Fuel
and
Oil
Hoses,
June
1998.
..............................
1051.245,
1051.501
SAE
J1930,
Electrical/
Electronic
Systems
Diagnostic
Terms,
Definitions,
Abbreviations,
and
Acronyms,
May
1998.
.............
1051.135
SAE
J2260,
Nonmetallic
Fuel
System
Tubing
with
One
or
More
Layers,
November
1996.
1051.245
§
1051.815
How
should
I
request
EPA
to
keep
my
information
confidential?

(
a)
Clearly
show
what
you
consider
confidential
by
marking,
circling,
bracketing,
stamping,
or
some
other
method.
We
will
store
your
confidential
information
as
described
in
40
CFR
part
2.
Also,
we
will
disclose
it
only
as
specified
in
40
CFR
part
2.
(
b)
If
you
send
us
a
second
copy
without
the
confidential
information,
we
will
assume
it
contains
nothing
confidential
whenever
we
need
to
release
information
from
it.
(
c)
If
you
send
us
information
without
claiming
it
is
confidential,
we
may
make
it
available
to
the
public
without
further
notice
to
you,
as
described
in
§
2.204
of
this
chapter.

§
1051.820
How
do
I
request
a
hearing?

See
40
CFR
part
1068,
subpart
G,
for
information
related
to
hearings.

PART
1065
 
TEST
PROCEDURES
AND
EQUIPMENT
Subpart
A
 
Applicability
and
General
Provisions
Sec.
1065.1
Applicability.
1065.5
Overview
of
test
procedures.
1065.10
Other
test
procedures.
1065.15
Engine
testing.
1065.20
Limits
for
test
conditions.

Subpart
B
 
Equipment
and
Analyzers
1065.101
Overview.
1065.105
Dynamometer
and
engine
equipment
specifications.
1065.110
Exhaust
gas
sampling
system;
spark­
ignition
(
SI)
engines.

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Regulations
1065.115
Exhaust
gas
sampling
system;
compression­
ignition
engines.
[
Reserved]
1065.120
Raw
sampling.
[
Reserved]
1065.125
Analyzers
(
overview/
general
response
characteristics).
1065.130
Hydrocarbon
analyzers.
1065.135
NOX
analyzers.
1065.140
CO
and
CO2
analyzers.
1065.145
Smoke
meters.
[
Reserved]
1065.150
Flow
meters.
1065.155
Temperature
and
pressure
sensors.

Subpart
C
 
Test
Fuels
and
Analytical
Gases
1065.201
General
requirements
for
test
fuels.
1065.205
Test
fuel
specifications
for
distillate
diesel
fuel.
[
Reserved]
1065.210
Test
fuel
specifications
for
gasoline.
1065.215
Test
fuel
specifications
for
natural
gas.
1065.220
Test
fuel
specifications
for
liquefied
petroleum
gas.
1065.240
Lubricating
oils.
1065.250
Analytical
gases.

Subpart
D
 
Analyzer
and
Equipment
Calibrations
1065.301
Overview.
1065.305
International
calibration
standards.
1065.310
CVS
calibration.
[
Reserved]
1065.315
Torque
calibration.

Subpart
E
 
Engine
Selection,
Preparation,
and
Service
Accumulation
1065.401
Selecting
a
test
engine.
1065.405
Preparing
and
servicing
a
test
engine.
1065.410
Service
limits
for
stabilized
test
engines.
1065.415
Durability
demonstration.

Subpart
F
 
Running
an
Emission
Test
1065.501
Overview
of
the
engine
dynamometer
test
procedures.
1065.510
Engine
mapping
procedures.
1065.515
Test
cycle
generation.
1065.520
Engine
starting,
restarting,
and
shutdown.
1065.525
Engine
dynamometer
test
run.
1065.530
Test
cycle
validation
criteria.

Subpart
G
 
Data
Analysis
and
Calculations
1065.601
Overview.
1065.605
Required
records.
1065.610
Bag
sample
analysis.
1065.615
Bag
sample
calculations.

Subpart
H
 
Particulate
Measurements
[
Reserved]

Subpart
I
 
Testing
With
Oxygenated
Fuels
1065.801
Applicability.
1065.805
Sampling
system.
1065.810
Calculations.

Subpart
J
 
Field
Testing
1065.901
Applicability.
1065.905
General
provisions.
1065.910
Measurement
accuracy
and
precision.
1065.915
Equipment
specifications
for
SI
engines.
1065.920
Equipment
setup
and
test
run
for
SI
engines.
1065.925
Calculations.
1065.930
Specifications
for
mass
air
flow
sensors.
1065.935
Specifications
for
THC
analyzers.
1065.940
Specifications
for
NOX
and
air/
fuel
sensors.
1065.945
Specifications
for
CO
analyzers.
1065.950
Specifications
for
speed
and
torque
measurement.

Subpart
K
 
Definitions
and
Other
Reference
Information
1065.1001
Definitions.
1065.1005
Symbols,
acronyms,
and
abbreviations.
1065.1010
Reference
materials.
1065.1015
Confidential
information.

Authority:
42
U.
S.
C.
7401
 
7671(
q).

Subpart
A
 
Applicability
and
General
Provisions
§
1065.1
Applicability.
(
a)
This
part
describes
the
procedures
that
apply
to
testing
that
we
require
for
the
following
engines
or
for
equipment
using
the
following
engines:
(
1)
Large
nonroad
spark­
ignition
engines
we
regulate
under
40
CFR
part
1048.
(
2)
Vehicles
that
we
regulate
under
40
CFR
part
1051
(
i.
e.,
recreational
SI
vehicles)
that
are
regulated
based
on
engine
testing.
See
40
CFR
part
1051
to
determine
which
vehicles
may
be
certified
based
on
engine
test
data.
(
b)
This
part
does
not
apply
to
any
of
the
following
engine
or
vehicle
categories:
(
1)
Light­
duty
highway
vehicles
(
see
40
CFR
part
86).
(
2)
Heavy­
duty
highway
Otto­
cycle
engines
(
see
40
CFR
part
86).
(
3)
Heavy­
duty
highway
diesel
engines
(
see
40
CFR
part
86).
(
4)
Aircraft
engines
(
see
40
CFR
part
87).
(
5)
Locomotive
engines
(
see
40
CFR
part
92).
(
6)
Land­
based
nonroad
diesel
engines
(
see
40
CFR
part
89).
(
7)
General
marine
engines
(
see
40
CFR
parts
89
and
94).
(
8)
Marine
outboard
and
personal
watercraft
engines
(
see
40
CFR
part
91).
(
9)
Small
nonroad
spark­
ignition
engines
(
see
40
CFR
part
90).
(
c)
This
part
is
addressed
to
you
as
a
manufacturer,
but
it
applies
equally
to
anyone
who
does
testing
for
you,
and
to
us
when
we
conduct
testing
to
determine
if
you
meet
emission
standards.
(
d)
Paragraph
(
a)
of
this
section
identifies
the
parts
of
the
CFR
that
define
emission
standards
and
other
requirements
for
particular
types
of
engines.
In
this
part
1065,
we
refer
to
each
of
these
other
parts
generically
as
the
``
standard­
setting
part.''
For
example,
40
CFR
part
1051
is
always
the
standard­
setting
part
for
snowmobiles.
Follow
the
standard­
setting
part
if
it
differs
from
this
part.
(
e)
For
equipment
subject
to
this
part
and
regulated
under
equipment­
based
or
vehicle­
based
standards,
interpret
the
term
``
engine''
in
this
part
to
include
equipment
and
vehicles(
see
40
CFR
1068.30).

§
1065.5
Overview
of
test
procedures.
(
a)
Some
of
the
provisions
of
this
part
do
not
apply
to
all
types
of
engines.
For
example,
measurement
of
particulate
matter
is
generally
not
required
for
spark­
ignition
engines.
See
the
standard­
setting
part
to
determine
which
provisions
in
this
part
may
not
apply.
Before
using
this
part's
procedures,
read
the
standard­
setting
part
to
answer
at
least
the
following
questions:
(
1)
How
should
I
warm
up
the
test
engine
before
measuring
emissions?
Do
I
need
to
measure
cold­
start
emissions
during
this
warm­
up
segment
of
the
duty
cycle?
(
2)
Do
I
measure
emissions
while
the
warmed­
up
engine
operates
over
a
steady­
state
schedule,
a
transient
schedule,
or
both?
(
3)
What
are
the
speed
and
load
points
of
the
test
cycle(
s)?
(
4)
Which
exhaust
constituents
do
I
need
to
measure?
(
5)
Does
testing
require
full­
flow
dilute
sampling?
Is
raw
sampling
acceptable?
Is
partial­
flow
dilute
sampling
acceptable?
(
6)
Do
any
unique
specifications
apply
for
test
fuels?
(
7)
What
maintenance
steps
may
I
do
before
or
between
tests
on
an
emissiondata
engine?
(
8)
Do
any
unique
requirements
apply
to
stabilizing
emission
levels
on
a
new
engine?
(
9)
Do
any
unique
requirements
apply
to
testing
conditions,
such
as
ambient
temperatures
or
pressures?
(
10)
Are
there
special
emission
standards
that
affect
engine
operation
and
ambient
conditions?
(
11)
Are
there
different
emission
standards
that
apply
to
field
testing
under
normal
operation?
(
b)
The
following
table
shows
how
this
part
divides
testing
specifications
into
subparts:

This
subpart...
Describes
these
specifications
or
procedures...

Subpart
A
.....
General
provisions
for
test
procedures.

Subpart
B
.....
Equipment
for
testing.

Subpart
C
.....
Fuels
and
analytical
gases
for
testing.

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2002
/
Rules
and
Regulations
This
subpart...
Describes
these
specifications
or
procedures...

Subpart
D
.....
How
to
calibrate
test
equipment

Subpart
E
.....
How
to
prepare
engines
for
testing,
including
service
accumulation.

Subpart
F
.....
How
to
test
for
emissions.

Subpart
G
.....
How
to
calculate
emission
levels
from
measured
data.

Subpart
H
.....
[
Reserved].

Subpart
I
......
How
to
measure
emissions
from
engines
fueled
with
an
oxygenated
fuel
such
as
methanol
or
ethanol.

Subpart
J
......
How
to
do
field
testing
of
inuse
vehicles
and
equipment

Subpart
K
.....
Definitions,
abbreviations,
and
other
reference
information
that
apply
to
emission
testing

§
1065.10
Other
test
procedures.
(
a)
Your
testing.
These
test
procedures
apply
for
all
testing
that
you
do
to
show
compliance
with
emission
standards,
with
a
few
exceptions
listed
in
this
section.
(
b)
Our
testing.
These
test
procedures
generally
apply
for
testing
that
we
do
to
determine
if
your
engines
comply
with
applicable
emission
standards.
We
may
conduct
other
testing
as
allowed
by
the
Act.
(
c)
Exceptions.
You
may
be
allowed
or
required
to
use
test
procedures
other
than
those
specified
in
this
part
in
the
following
cases:
(
1)
The
test
procedures
in
this
part
are
intended
to
produce
emission
measurements
equivalent
to
those
that
would
result
from
measuring
emissions
during
in­
use
operation
using
the
same
engine
configuration
installed
in
a
piece
of
equipment.
If
good
engineering
judgment
indicates
that
use
of
the
procedures
in
this
part
for
an
engine
would
result
in
measurements
that
are
not
representative
of
in­
use
operation
of
that
engine,
you
must
notify
us.
If
we
determine
that
using
these
procedures
would
result
in
measurements
that
are
significantly
unrepresentative
and
that
changing
the
procedures
will
result
in
more
representative
measurements
and
not
decrease
the
stringency
of
emission
standards,
we
will
specify
changes
to
the
procedures.
In
your
notification
to
us,
you
should
recommend
specific
changes
you
think
are
necessary.
(
2)
You
may
ask
to
use
emission
data
collected
using
other
test
procedures,
such
as
those
of
the
California
Air
Resources
Board
or
the
International
Organization
for
Standardization.
We
will
allow
this
only
if
you
show
us
that
these
data
are
equivalent
to
data
collected
using
our
test
procedures.
(
3)
You
may
ask
to
use
alternate
procedures
that
produce
measurements
equivalent
to
those
from
the
specified
procedures.
If
you
send
us
a
written
request
showing
your
procedures
are
equivalent,
and
we
agree
that
they
are
equivalent,
we
will
allow
you
to
use
them.
You
may
not
use
an
alternate
procedure
until
we
approve
them,
either
by:
telling
you
directly
that
you
may
use
this
procedure;
or
issuing
guidance
to
all
manufacturers,
which
allows
you
to
use
the
alternate
procedure
without
additional
approval.
(
4)
You
may
ask
to
use
special
test
procedures
if
your
engine
cannot
be
tested
under
the
specified
procedures
(
for
example,
your
engine
cannot
operate
on
the
specified
transient
cycle).
In
this
case,
tell
us
in
writing
why
you
cannot
satisfactorily
test
your
engines
using
this
part's
procedures
and
ask
to
use
a
different
approach.
We
will
approve
your
special
test
procedures
if
we
determine
they
would
produce
emission
measurements
that
are
representative
of
those
that
would
result
from
measuring
emissions
during
in­
use
operation.
You
may
not
use
special
procedures
until
we
approve
them.
(
5)
The
standard­
setting
part
may
contain
other
specifications
for
test
procedures
that
apply
for
your
engines.
In
cases
where
it
is
not
possible
to
comply
with
both
the
test
procedures
in
those
parts
and
the
test
procedures
in
this
part,
you
must
comply
with
the
test
procedures
specified
in
the
standardsetting
part.
Those
other
parts
may
also
allow
you
to
deviate
from
the
test
procedures
of
this
part
for
other
reasons.

§
1065.15
Engine
testing.

(
a)
This
part
describes
the
procedures
for
performing
exhaust
emission
tests
on
engines
that
must
meet
emission
standards.
(
b)
Generally,
you
must
test
an
engine
while
operating
it
on
a
laboratory
dynamometer
over
a
prescribed
sequence.
(
Subpart
J
of
this
part
describes
in­
use
testing
of
engines
installed
in
vehicles
or
equipment.)
You
need
to
sample
and
analyze
the
exhaust
gases
generated
during
engine
operation
to
determine
the
concentration
of
the
regulated
pollutants.
(
c)
Concentrations
are
converted
into
units
of
grams
of
pollutant
per
kilowatthour
(
g/
kW­
hr)
or
similar
units
for
comparison
to
emission
standards.
If
the
applicable
emission
standards
are
expressed
as
g/
bhp­
hr,
references
in
this
part
to
kW
should
generally
be
interpreted
to
mean
horsepower.

§
1065.20
Limits
for
test
conditions.
(
a)
Unless
specified
elsewhere
in
this
chapter,
you
may
conduct
tests
to
determine
compliance
with
duty­
cycle
emission
standards
at
ambient
temperatures
of
20
 
30
°
C
(
68
 
86
°
F),
ambient
pressures
of
600
 
775
mm
Hg,
and
any
ambient
humidity
level.
(
b)
Follow
the
standard­
setting
part
for
ambient
conditions
when
testing
to
determine
compliance
with
not­
toexceed
or
other
off­
cycle
emission
standards.
(
c)
For
engine
testing
in
a
laboratory,
you
may
heat,
cool,
and/
or
dehumidify
the
dilution
air
before
it
enters
the
CVS.
(
d)
For
engine
testing
in
a
laboratory,
if
the
barometric
pressure
observed
while
generating
the
maximum­
torque
curve
changes
by
more
than
25
mm
Hg
from
the
value
measured
when
you
started
mapping,
you
must
remap
the
engine.
Also,
to
have
a
valid
test,
the
average
barometric
pressure
observed
during
the
exhaust
emission
test
must
be
within
25
mm
Hg
of
the
average
observed
during
the
maximum
torque
curve
generation
(
see
§
1065.510).

Subpart
B
 
Equipment
and
Analyzers
§
1065.101
Overview.
This
subpart
describes
equipment
and
analyzers
for
measuring
emissions.
Subpart
D
of
this
part
describes
how
to
calibrate
these
devices
and
subpart
C
of
this
part
defines
the
accuracy
and
purity
specifications
of
analytical
gases.

§
1065.105
Dynamometer
and
engine
equipment
specifications.
(
a)
The
engine
dynamometer
system
must
be
able
to
control
engine
torque
and
speed
simultaneously
over
the
applicable
test
cycles
within
the
accuracies
specified
in
§
1065.530.
If
your
dynamometer
cannot
meet
the
accuracy
requirements
in
§
1065.530,
you
must
get
our
approval
before
using
it.
For
transient
testing,
issue
command
set
points
for
engine
torque
and
speed
at
5
Hz
or
greater
(
10
Hz
recommended).
Record
feedback
engine
torque
and
speed
at
least
once
every
second
during
the
test.
In
addition
to
these
general
requirements,
make
sure
your
engine
or
dynamometer's
readout
signals
for
speed
and
torque
meet
the
following
accuracies
for
all
testing:
(
1)
Engine
speed
readout
must
be
accurate
to
within
±
2
percent
of
the
absolute
standard
value.
A
60­
tooth
(
or
greater)
wheel
in
combination
with
a
common
mode
rejection
frequency
counter
is
considered
an
absolute
standard
for
engine
or
dynamometer
speed.

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/
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8,
2002
/
Rules
and
Regulations
(
2)
Engine
flywheel
torque
readout
must
meet
one
of
the
two
following
standards
for
accuracy:
(
i)
Within
±
3
percent
of
the
NIST
true
value
torque
(
as
defined
in
§
1065.315).
(
ii)
The
following
accuracies:

If
the
full­
scale
torque
value
is...
Engine
flywheel
torque
readout
must
be
within...

T
 
550
ft­
lbs.
............
±
2.5
ft­
lbs.
of
NIST
true
value.

550
<
T
 
1050
ft­
lbs.
±
5.0
ft­
lbs.
of
NIST
true
value.

T
>
1050
ft­
lbs.
±
10.0
ft­
lbs.
of
NIST
true
value.

(
3)
Option:
You
may
use
internal
dynamometer
signals
(
such
as
armature
current)
to
measure
torque
if
you
can
show
that
the
engine
flywheel
torque
during
the
test
cycle
conforms
to
paragraph
(
b)(
2)
of
this
section.
Your
measurements
must
compensate
for
increased
or
decreased
flywheel
torque
because
of
the
armature's
inertia
during
accelerations
and
decelerations
in
the
test
cycle.
(
b)
To
verify
that
the
test
engine
has
followed
the
test
cycle
correctly,
collect
the
dynamometer
or
engine
readout
signals
for
speed
and
torque
so
you
can
statistically
correlate
the
engine's
actual
performance
with
the
test
cycle
(
see
§
1065.530).
Normally,
to
do
this,
you
would
convert
analog
signals
from
the
dynamometer
or
engine
into
digital
values
for
computer
storage,
but
all
conversions
must
meet
two
criteria:
(
1)
Speed
values
used
to
evaluate
cycles
must
be
accurate
to
within
2
percent
of
the
readout
value
for
dynamometer
or
engine
speed.
(
2)
Engine
flywheel
torque
values
used
to
evaluate
cycles
must
be
accurate
to
within
2
percent
of
the
readout
value
for
dynamometer
or
engine
flywheel
torque.
(
c)
You
may
combine
the
tolerances
in
paragraphs
(
a)
and
(
b)
of
this
section
if
you
use
the
root
mean
square
(
RMS)
method
and
refer
accuracies
of
the
RMS
values
to
absolute­
standard
or
NIST
true
values.
(
1)
Speed
values
used
to
evaluate
cycles
must
be
accurate
to
within
±
2.8
percent
of
the
absolute
standard
values,
as
defined
in
paragraph
(
a)(
1)
of
this
section.

(
2)
Engine
flywheel
torque
values
used
to
evaluate
cycles
must
be
accurate
to
within
±
3.6
percent
of
NIST
true
values,
as
determined
in
§
1065.315.

§
1065.110
Exhaust
gas
sampling
system;
spark­
ignition
(
SI)
engines.

(
a)
General.
The
exhaust
gas
sampling
system
described
in
this
section
is
designed
to
measure
the
true
mass
of
gaseous
emissions
in
the
exhaust
of
SI
engines.
(
If
the
standard­
setting
part
requires
determination
of
THCE
or
NMHCE
for
your
engine,
then
see
subpart
I
of
this
part
for
additional
requirements.)
Under
the
constantvolume
sampler
(
CVS)
concept,
you
must
measure
the
total
volume
of
the
mixture
of
exhaust
and
dilution
air
and
collect
a
continuously
proportioned
volume
of
sample
for
analysis.
You
must
control
flow
rates
so
that
the
ratio
of
sample
flow
to
CVS
flow
remains
constant.
You
then
determine
the
mass
emissions
from
the
sample
concentration
and
total
flow
over
the
test
period.

(
1)
Do
not
let
the
CVS
or
dilution
air
inlet
system
artificially
lower
exhaust
system
backpressure.
To
verify
proper
backpressures,
measure
pressure
in
the
raw
exhaust
immediately
upstream
of
the
inlet
to
the
CVS.
Continuously
measure
and
compare
the
static
pressure
of
the
raw
exhaust
observed
during
a
transient
cycle
 
with
and
without
the
CVS
operating.
Static
pressure
measured
with
the
CVS
system
operating
must
remain
within
±
5
inches
of
water
(
1.2
kPa)
of
the
static
pressure
measured
when
disconnected
from
the
CVS,
at
identical
moments
in
the
test
cycle.
(
Note:
We
will
use
sampling
systems
that
can
maintain
the
static
pressure
to
within
±
1
inch
of
water
(
0.25
kPa)
if
your
written
request
shows
that
this
closer
tolerance
is
necessary.)
This
requirement
serves
as
a
design
specification
for
the
CVS/
dilution
air
inlet
system,
and
should
be
performed
as
often
as
good
engineering
practice
dictates
(
for
example,
after
installing
an
uncharacterized
CVS,
adding
an
unknown
inlet
restriction
on
the
dilution
air,
or
otherwise
altering
the
system).
(
2)
The
system
for
measuring
temperature
(
sensors
and
readout)
must
have
an
accuracy
and
precision
of
±
3.4
°
F
(
±
1.9
°
C).
The
temperature
measuring
system
for
a
CVS
without
a
heat
exchanger
must
respond
within
1.50
seconds
to
62.5
percent
of
a
temperature
change
(
as
measured
in
hot
silicone
oil).
For
a
CVS
with
a
heat
exchanger,
there
is
no
specific
requirement
for
response
time.
(
3)
The
system
for
measuring
pressure
(
sensors
and
readout)
must
have
an
accuracy
and
precision
of
±
3
mm
Hg
(
0.4
kPa).
(
4)
The
flow
capacity
of
the
CVS
must
be
large
enough
to
keep
water
from
condensing
in
the
system.
You
may
dehumidify
the
dilution
air
before
it
enters
the
CVS.
You
also
may
heat
or
cool
the
air
if
three
conditions
exist:
(
i)
The
air
(
or
air
plus
exhaust
gas)
temperature
does
not
exceed
250
°
F
(
121
°
C).
(
ii)
You
calculate
the
CVS
flow
rate
necessary
to
prevent
water
condensation
based
on
the
lowest
temperature
in
the
CVS
before
sampling.
(
We
recommend
insulating
the
CVS
system
when
you
use
heated
dilution
air.)
(
iii)
The
dilution
ratio
is
high
enough
to
prevent
condensation
in
bag
samples
as
they
cool
to
room
temperature.
(
5)
Bags
for
collecting
dilution
air
and
exhaust
samples
must
be
big
enough
for
samples
to
flow
freely.
(
6)
The
general
CVS
sample
system
consists
of
a
dilution
air
filter
(
optional)
and
mixing
assembly,
cyclone
particulate
separator
(
optional),
a
sample
line
for
the
bag
sample
or
other
sample
lines
a
dilution
tunnel,
and
associated
valves
and
sensors
for
pressure
and
temperature.
Except
for
the
system
to
sample
hydrocarbons
from
two­
stroke
engines,
the
temperature
of
the
sample
lines
must
be
more
than
3
°
C
above
the
mixture's
maximum
dew
point
and
less
than
121
°
C.
We
recommend
maintaining
them
at
113
±
8
°
C.
For
the
hydrocarbon
sampling
system
with
two­
stroke
engines,
the
temperature
of
the
sample
lines
should
be
maintained
at
191
±
11
°
C.
A
general
schematic
of
the
SI
sampling
system
is
shown
in
Figure
1065.110
 
1,
which
follows:

BILLING
CODE
6560
 
50
 
P
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Vol.
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217
/
Friday,
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8,
2002
/
Rules
and
Regulations
BILLING
CODE
6460
 
50
 
C
(
b)
Steady­
state
testing.
Constant
proportional
sampling
is
required
throughout
transient
testing,
but
is
not
required
throughout
steady­
state
testing.

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68414
Federal
Register
/
Vol.
67,
No.
217
/
Friday,
November
8,
2002
/
Rules
and
Regulations
Steady­
state
testing
requires
that
you
draw
a
proportional
sample
for
each
test
mode,
but
you
may
sample
in
different
proportions
for
different
test
modes,
as
long
as
you
know
the
ratio
of
the
sample
flow
to
total
flow
during
each
test
mode.
This
allowance
means
that
you
may
use
simpler
flow
control
systems
for
steadystate
testing
than
are
shown
in
Figure
1065.110
 
1
of
this
section.
(
c)
Configuration
variations.
Since
various
configurations
can
produce
equivalent
results,
you
need
not
conform
exactly
to
the
drawings
in
this
subpart.
You
may
use
other
components
 
such
as
instruments,
valves,
solenoids,
pumps
and
switches
 
to
provide
more
information
and
coordinate
the
components'
functions.
Based
on
good
engineering
judgment,
you
may
exclude
other
components
that
are
not
needed
to
maintain
accuracy
on
some
systems.
(
d)
CFV
 
CVS
component
description.
The
flow
characteristics
of
a
Critical­
Flow
Venturi,
Constant­
Volume
Sampler
(
CFV
 
CVS)
are
governed
by
the
principles
of
fluid
dynamics
associated
with
critical
flow.
The
CFV
system
is
commonly
called
a
constant­
volume
system
(
CVS)
even
though
the
mass
flow
varies.
More
properly,
they
are
constantproportion
sampling
systems,
because
small
CFVs
in
each
of
the
sample
lines
maintains
proportional
sampling
while
temperatures
vary.
This
CFV
maintains
the
mixture's
flow
rate
at
choked
flow,
which
is
inversely
proportional
to
the
square
root
of
the
gas
temperature,
and
the
system
computes
the
actual
flow
rate
continuously.
Because
pressures
and
temperatures
are
the
same
at
all
venturi
inlets,
the
sample
volume
is
proportional
to
the
total
volume.
The
CFV
 
CVS
sample
system
uses
critical
flow
venturis
for
the
bag
sample
or
other
sample
lines
(
these
are
shown
in
the
figure
as
flow
control
valves)
and
a
critical
flow
venturi
for
the
dilution
tunnel.
All
venturis
must
be
maintained
at
the
same
temperature.
(
e)
EFC
 
CVS
component
description.
The
electronic
flow
control­
CVS
(
EFC
 
CVS)
system
for
sampling
is
identical
to
the
CFV
system
described
in
paragraph
(
b)
of
this
section,
except
that
it
adds
electronic
flow
controllers
(
instead
of
sampling
venturis),
a
subsonic
venturi
and
an
electronic
flow
controller
for
the
CVS
(
instead
of
the
critical
flow
venturi),
metering
valves,
and
separate
flow
meters
(
optional)
to
totalize
sample
flow
volumes.
The
EFC
sample
system
must
conform
to
the
following
requirements:
(
1)
The
system
must
meet
all
the
requirements
in
paragraph
(
b)
of
this
section.
(
2)
The
ratio
of
sample
flow
to
CVS
flow
must
not
vary
by
more
than
±
5
percent
from
the
test's
setpoint.
(
3)
Sample
flow
totalizers
must
meet
the
accuracy
specifications
in
§
1065.150.
You
may
obtain
total
volumes
from
the
flow
controllers,
with
our
advance
approval,
if
you
can
show
they
meet
these
accuracies.
(
f)
Component
description,
PDP
 
CVS.
The
positive­
displacement
pump­
CVS
(
PDP
 
CVS)
system
for
sampling
is
identical
to
the
CFV
system
described
in
paragraph
(
b)
of
this
section,
except
for
the
following
changes:
(
1)
Include
a
heat
exchanger.
(
2)
Use
positive­
displacement
pumps
for
the
CVS
flow
and
sampling­
system
flow.
You
do
not
need
sampling
venturis
or
a
venturi
for
the
dilution
tunnel.
All
pumps
must
operate
at
a
constant
flow
rate.
(
3)
All
pumps
must
operate
at
a
nominally
constant
temperature.
Maintain
the
gas
mixture's
temperature
 
measured
at
a
point
just
ahead
of
the
positive­
displacement
pump
(
and
after
the
heat
exchanger
for
the
main
CVS
pump)
 
within
±
10
°
F
(
±
5.6
°
C)
of
the
average
operating
temperature
observed
during
the
test.
(
You
may
estimate
the
average
operating
temperature
from
the
temperatures
observed
during
similar
tests.)
The
system
for
measuring
temperature
(
sensors
and
readout)
must
have
an
accuracy
and
precision
of
±
3.4
°
F
(
1.9
°
C),
and
response
time
consistent
with
good
engineering
judgment.
(
g)
Mixed
systems.
You
may
combine
elements
of
paragraphs
(
d),
(
e),
and
(
f)
consistent
with
good
engineering
judgment.
For
example,
you
may
control
the
CVS
flow
rate
using
a
CFV,
and
control
sample
flow
rates
using
electronic
flow
controllers.

§
1065.115
Exhaust
gas
sampling
system;
compression­
ignition
engines.
[
Reserved]

§
1065.120
Raw
sampling.
[
Reserved]

§
1065.125
Analyzers
(
overview/
general
response
characteristics).

(
a)
General.
The
following
sections
and
subparts
describe
the
specifications
for
analyzers
and
analytical
equipment:
(
1)
The
analyzers
for
measuring
hydrocarbon,
NOX,
CO,
and
CO2
emission
concentrations
are
specified
in
§
1065.130
through
§
1065.140.
(
2)
The
analytical
equipment
for
measuring
particulate
emissions
is
specified
in
Subpart
H
of
this
part.
(
3)
The
analytical
equipment
for
measuring
emissions
of
oxygenated
compounds
(
for
example,
methanol)
is
specified
in
Subpart
I
of
this
part.
(
4)
The
analytical
equipment
for
measuring
in­
use
emissions
is
specified
in
Subpart
J
of
this
part.
(
b)
Response
time.
Analyzers
must
have
the
following
response
characteristics:
(
1)
For
steady­
state
testing
and
transient
testing
with
bag
sample
analysis,
the
analyzer
must
reach
at
least
90
percent
of
its
final
response
within
5.0
seconds
after
any
step
change
to
the
input
concentration
at
or
above
80
percent
of
full
scale.
(
2)
For
transient
testing
with
continuous
measurement,
the
analyzer
must
reach
at
least
90
percent
of
its
final
response
within
1.0
second
after
any
step
change
to
the
input
concentration
at
or
above
80
percent
of
full
scale.
(
c)
Precision
and
noise.
Analyzers
must
meet
the
following
characteristics
for
precision
and
noise:
(
1)
Precision
must
be
no
worse
than
±
1
percent
of
full­
scale
concentration
for
each
range
used
above
155
ppm
(
or
ppmC),
or
±
2
percent
for
each
range
used
below
155
ppm
(
or
ppmC).
For
this
paragraph
(
c)(
1),
we
define
precision
as
2.5
times
the
standard
deviation
of
10
repetitive
responses
to
a
given
calibration
or
span
gas.
(
2)
Peak­
to­
peak
response
to
zero
and
calibration
or
span
gases
over
any
10­
second
period
must
be
no
more
than
2
percent
of
full­
scale
chart
deflection
on
all
ranges
used.
(
d)
Drift.
Analyzers
must
meet
specifications
for
zero­
response
and
span
drift.
(
1)
The
zero­
response
drift
during
one
hour
must
be
less
than
2
percent
of
fullscale
chart
deflection
on
the
lowest
range
used.
Zero­
response
is
the
mean
response,
including
noise,
to
a
zero­
gas
during
a
30­
second
interval.
(
2)
The
span
drift
during
one
hour
must
be
less
than
2
percent
of
full­
scale
chart
deflection
on
the
lowest
range
used.
Span
is
the
difference
between
the
span­
response
and
the
zero­
response.
Span­
response
is
the
mean
response,
including
noise,
to
a
span
gas
during
a
30­
second
interval.
(
e)
Calibration.
See
subpart
D
of
this
part
for
specifications
to
calibrate
analyzers.

§
1065.130
Hydrocarbon
analyzers.

This
section
describes
the
requirements
for
flame
ionization
detectors
(
FIDs)
used
to
measure
hydrocarbons.
(
a)
Fuel
the
FID
with
a
mixture
of
hydrogen
in
helium
and
calibrate
it
using
propane.
(
b)
If
you
use
a
heated
FID
(
required
only
for
diesels
and
two­
stroke,
sparkignition
engines),
keep
the
temperature
191
±
11
°
C).

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8,
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/
Rules
and
Regulations
(
c)
Use
an
overflow
sampling
system
for
heated
continuous
FIDs.
(
In
an
overflow
system
excess
zero
gas
or
span
gas
spills
out
of
the
probe
when
you
are
doing
zero
or
span
checks.)
(
d)
Do
not
premix
the
FID
fuel
and
burner
air.
(
e)
Make
sure
the
FID
meets
accuracy
and
precision
specifications
in
ISO
8178
 
1
(
incorporated
by
reference
in
§
1065.1010).

§
1065.135
NOX
analyzers.
This
section
describes
the
requirements
for
chemiluminescent
detectors
(
CLD)
used
to
measure
NOX.
Good
engineering
practice
may
require
the
use
of
other
detectors.
(
a)
A
CLD
must
meet
the
following
requirements:
(
1)
Make
sure
your
CLD
meets
the
accuracy
and
precision
specifications
in
ISO
8178
 
1
(
incorporated
by
reference
in
§
1065.1010).
(
2)
The
NO
to
NO2
converter
must
have
an
efficiency
of
at
least
90
percent.
(
3)
Use
an
overflow
sampling
system
for
continuous
CLDs.
(
In
an
overflow
system
excess
zero
gas
or
span
gas
spills
out
of
the
probe
when
you
are
doing
zero
or
span
checks.)
(
4)
You
do
not
need
a
heated
CLD
to
test
spark­
ignition
engines.
(
b)
Using
CLDs
is
generally
acceptable
even
though
they
measure
only
NO
and
NO2,
since
conventional
engines
do
not
emit
significant
amounts
of
other
NOX
species.

§
1065.140
CO
and
CO2
analyzers.
This
section
describes
the
requirements
for
non­
dispersive
infrared
absorption
detectors
(
NDIR)
to
measure
CO
and
CO2.
(
a)
The
NDIR
must
meet
the
applicable
accuracy
and
precision
specifications
of
ISO
8178
 
1
(
incorporated
by
reference
in
§
1065.1010).
(
b)
The
NDIR
must
meet
the
applicable
quench
and
interference
requirements
of
ISO
8178
 
1
(
incorporated
by
reference
in
§
1065.1010).

§
1065.145
Smoke
meters.
[
Reserved]

§
1065.150
Flow
meters.

(
a)
Flow
meters
must
have
accuracy
and
precision
of
±
2
percent
of
point
or
better
and
be
traceable
to
NIST
standards.
(
b)
You
may
correct
flow
measurements
for
temperature
or
pressure,
if
your
temperature
and
pressure
measurements
have
accuracy
and
precision
of
±
2
percent
of
point
or
better
(
absolute).

§
1065.155
Temperature
and
pressure
sensors.

(
a)
Except
where
we
specify
otherwise
in
this
part,
must
meet
the
applicable
accuracy
and
precision
specifications
of
ISO
8178
 
1
(
incorporated
by
reference
in
§
1065.1010).
(
b)
Use
good
engineering
judgment
to
design
and
operate
your
temperature
and
pressure
measuring
systems
to
minimize
delays
in
response
time
and
avoid
hysteresis.

Subpart
C
 
Test
Fuels
and
Analytical
Gases
§
1065.201
General
requirements
for
test
fuels.

(
a)
For
all
emission
tests,
use
test
fuels
meeting
the
specifications
in
this
subpart,
unless
the
standard­
setting
part
directs
otherwise.
For
any
service
accumulation
on
a
test
engine,
if
we
do
not
specify
a
fuel,
use
the
specified
test
fuel
or
a
fuel
typical
of
what
you
would
expect
the
engine
to
use
in
service.
(
b)
We
may
require
you
to
test
the
engine
with
each
type
of
fuel
it
can
use
(
for
example,
gasoline
and
natural
gas).
(
c)
If
you
will
produce
engines
that
can
run
on
a
type
of
fuel
(
or
mixture
of
fuels)
that
we
do
not
specify
in
this
subpart,
we
will
allow
you
to
test
with
fuel
representing
commercially
available
fuels
of
that
type.
However,
we
must
approve
your
fuel's
specifications
before
you
may
use
it
for
emission
testing.
(
d)
You
may
use
a
test
fuel
other
than
those
we
specify
in
this
subpart
if
you
do
all
of
the
following:
(
1)
Show
that
it
is
commercially
available.
(
2)
Show
that
your
engines
will
use
only
the
designated
fuel
in
service.
(
3)
Show
that
operating
the
engines
on
the
fuel
we
specify
would
increase
emissions
or
decrease
durability.
(
4)
Get
our
written
approval
before
you
start
testing.
(
e)
We
may
allow
you
to
use
other
test
fuels
(
for
example,
California
Phase
2
gasoline)
if
they
do
not
affect
the
demonstration
of
compliance.

§
1065.205
Test
fuel
specifications
for
distillate
diesel
fuel.
[
Reserved]

§
1065.210
Test
fuel
specifications
for
gasoline.

Gasoline
used
as
a
test
fuel
must
meet
the
following
specifications:
(
a)
Unless
the
standard­
setting
part
requires
testing
with
fuel
appropriate
for
low
temperatures,
use
gasoline
test
fuels
meeting
the
specifications
in
the
following
table:

TABLE
1
OF
§
1065.210.
 
GENERAL
TEST­
FUEL
SPECIFICATIONS
FOR
GASOLINE
Item
Procedure1
Value1
Distillation
Range:
1.
Initial
boiling
point,
°
C
..................................................................................................................
ASTM
D
86
 
01
23.9
 
35.02
2.
10%
point,
°
C
...............................................................................................................................
ASTM
D
86
 
01
48.9
 
57.2
3.50%
point,
°
C
................................................................................................................................
ASTM
D
86
 
01
93.3
 
110.0
4.
90%
point,
°
C
...............................................................................................................................
ASTM
D
86
 
01
148.9
 
162.8
5.
End
point,
°
C
(
maximum)
.............................................................................................................
ASTM
D
86
 
01
212.8.

Hydrocarbon
composition:
1.
Olefins,
volume
%
........................................................................................................................
ASTM
D
1319
 
02
10
maximum
2.
Aromatics,
volume
%
....................................................................................................................
ASTM
D
1319
 
02
35
maximum
3.
Saturates
......................................................................................................................................
ASTM
D
1319
 
02
Remainder
Lead
(
organic),
g/
liter
...............................................................................................................................
ASTM
D
3237
 
97
0.013
maximum
Phosphorous,
g/
liter
.................................................................................................................................
ASTM
D
3231
 
02
0.0013
maximum
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/
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8,
2002
/
Rules
and
Regulations
TABLE
1
OF
§
1065.210.
 
GENERAL
TEST­
FUEL
SPECIFICATIONS
FOR
GASOLINE
 
Continued
Item
Procedure1
Value1
Sulfur,
weight
%
.......................................................................................................................................
ASTM
D
1266
 
98
0.008
maximum
Volatility
(
Reid
Vapor
Pressure),
kPa
......................................................................................................
ASTM
D
323
 
99a
60.0
to
63.4.2,3
1All
ASTM
standards
are
incorporated
by
reference
in
§
1065.1010.
2For
testing
at
altitudes
above
1
219
m,
the
specified
volatility
range
is
52
to
55
kPa
(
7.5
to
8.0)
and
the
specified
initial
boiling
point
range
is
23.9
°
to
40.6
°
C.
3For
testing
unrelated
to
evaporative
emissions,
the
specified
range
is
55
to
63
kPa
(
8.0
to
9.1
psi).

(
b)
If
the
standard­
setting
part
requires
testing
with
fuel
appropriate
for
low
temperatures,
use
gasoline
test
fuels
meeting
the
specifications
in
the
following
table:

TABLE
2
OF
§
1065.210.
 
LOW­
TEMPERATURE
TEST­
FUEL
SPECIFICATIONS
FOR
GASOLINE
Item
Procedure1
Value1
Distillation
Range:
1.
Initial
boiling
point,
°
C
..................................................................................................................
ASTM
D
86
 
01
24.4
 
35.6.

2.
10%
point,
°
C
...............................................................................................................................
ASTM
D
86
 
01
36.7
 
47.8.

3.
50%
point,
°
C
...............................................................................................................................
ASTM
D
86
 
01
81.7
 
101.1.

4.
90%
point,
°
C
...............................................................................................................................
ASTM
D
86
 
01
157.8
 
174.4.

5.
End
point,
°
C
(
maximum)
.............................................................................................................
ASTM
D
86
 
01
211.7.

Hydrocarbon
composition:
1.
Olefins,
volume
%
........................................................................................................................
ASTM
D
1319
 
02
17.5
maximum.

2.
Aromatics,
volume
%
....................................................................................................................
ASTM
D
1319
 
02
30.4
maximum.

3.
Saturates
......................................................................................................................................
ASTM
D
1319
 
02
Remainder.

Lead
(
organic),
g/
liter
...............................................................................................................................
ASTM
D
3237
 
97
0.013
maximum.

Phosphorous,
g/
liter
.................................................................................................................................
ASTM
D
3231
 
02
0.005
maximum.

Sulfur,
weight
%
.......................................................................................................................................
ASTM
D
1266
 
98
0.08
maximum.

Volatility
(
Reid
Vapor
Pressure),
kPa
......................................................................................................
ASTM
D
323
 
99a
11.2
 
11.8
psi.

1All
ASTM
standards
are
incorporated
by
reference
in
§
1065.1010.

(
c)
Use
gasoline
test
fuel
with
octane
values
that
represent
commercially
available
fuels
for
the
appropriate
application.
§
1065.215
Test
fuel
specifications
for
natural
gas.
(
a)
Natural
gas
used
as
a
test
fuel
must
meet
the
specifications
in
the
following
table:

TABLE
1
OF
§
1065.215.
 
TEST­
FUEL
SPECIFICATIONS
FOR
NATURAL
GAS
Item
Procedure1
Value
(
mole
percent)

1.
Methane
...............................................................................................................................................
ASTM
D
1945
 
96
87.0
minimum.
2.
Ethane
..................................................................................................................................................
ASTM
D
1945
 
96
5.5
maximum.
3.
Propane
...............................................................................................................................................
ASTM
D
1945
 
96
1.2
maximum.
4.
Butane
..................................................................................................................................................
ASTM
D
1945
 
96
0.35
maximum.
5.
Pentane
................................................................................................................................................
ASTM
D
1945
 
96
0.13
maximum.
6.
C6
and
higher
......................................................................................................................................
ASTM
D
1945
 
96
0.1
maximum.
7.
Oxygen
.................................................................................................................................................
ASTM
D
1945
 
96
1.0
maximum.
8.
Inert
gases
(
sum
of
CO2
and
N2)
........................................................................................................
ASTM
D
1945
 
96
5.1
maximum.

1All
ASTM
standards
are
incorporated
by
reference
in
§
1065.1010.

(
b)
At
ambient
conditions,
the
fuel
must
have
a
distinctive
odor
detectable
down
to
a
concentration
in
air
of
not
more
than
one­
fifth
of
the
lower
flammability
limit.

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217
/
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November
8,
2002
/
Rules
and
Regulations
§
1065.220
Test
fuel
specifications
for
liquefied
petroleum
gas.
(
a)
Liquefied
petroleum
gas
used
as
a
test
fuel
must
meet
the
specifications
in
the
following
table:

TABLE
1
OF
§
1065.220.
 
TEST­
FUEL
SPECIFICATIONS
FOR
LIQUEFIED
PETROLEUM
GAS
Item
Procedure1
Value
1.
Propane
..........................................................................................................................
ASTM
D
2163
 
91
85.0
vol.
percent
minimum.

2.
Vapor
pressure
at
38
°
C
................................................................................................
ASTM
D
1267
 
02
or
2598
 
02
2
14
bar
maximum.

3.
Volatility
residue
(
evaporated
temp.,
35
°
C)
..................................................................
ASTM
D
1837
 
02
 
38
°
C
maximum.

4.
Butanes
..........................................................................................................................
ASTM
D
2163
 
91
5.0
vol.
percent
maximum.

5.
Butenes
..........................................................................................................................
ASTM
D
2163
 
91
2.0
vol.
percent
maximum.

6.
Pentenes
and
heavier
....................................................................................................
ASTM
D
2163
 
91
0.5
vol.
percent
maximum.

7.
Propene
..........................................................................................................................
ASTM
D
2163
 
91
10.0
vol.
percent
maximum.

8.
Residual
matter
(
residue
on
evap.
of
100
ml
oil
stain
observ.)
....................................
ASTM
D
2158
 
02
0.05
ml
maximum
pass.
3
9.
Corrosion,
copper
strip
...................................................................................................
ASTM
D
1838
 
91
No.
1
maximum.

10.
Sulfur
............................................................................................................................
ASTM
D
2784
 
98
80
ppm
maximum.

11.
Moisture
content
...........................................................................................................
ASTM
D
2713
 
91
pass.

1
All
ASTM
standards
are
incorporated
by
reference
in
§
1065.1010.
2
If
these
two
test
methods
yield
different
results,
use
the
results
from
ASTM
D
1267
 
02.
3
The
test
fuel
must
not
yield
a
persistent
oil
ring
when
you
add
0.3
ml
of
solvent
residue
mixture
to
a
filter
paper
in
0.1
ml
increments
and
examine
it
in
daylight
after
two
minutes
(
see
ASTM
D
2158
 
02).

(
b)
At
ambient
conditions,
the
fuel
must
have
a
distinctive
odor
detectable
down
to
a
concentration
in
air
of
not
over
one­
fifth
of
the
lower
flammability
limit.

§
1065.240
Lubricating
oils.
Lubricating
oils
you
use
to
comply
with
this
part
must
be
commercially
available
and
represent
the
oil
that
will
be
used
with
your
in­
use
engines.

§
1065.250
Analytical
gases.
Analytical
gases
that
you
use
to
comply
with
this
part
must
meet
the
accuracy
and
purity
specifications
of
this
section.
You
must
record
the
expiration
date
specified
by
the
gas
supplier
and
may
not
use
any
gas
after
the
expiration
date.
(
a)
Pure
gases.
Use
the
``
pure
gases''
shown
in
the
following
table:

TABLE
1
OF
§
1065.250.
 
CONCENTRATION
LIMITS
FOR
PURE
GASES
Gas
type
Maximum
contaminant
concentrations
Oxygen
content
Organic
carbon
Carbon
monoxide
Carbon
dioxide
Nitric
oxide
(
NO)

Purified
Nitrogen
..........
1
ppmC
.......................
1
ppm
..........................
400
ppm
......................
0.1
ppm
.......................
NA.

Purified
Oxygen
...........
NA
...............................
NA
...............................
NA
...............................
NA
...............................
99.5
 
100.0%.

Purified
Synthetic
Air,
or
Zero­
Grade
Air.
1
ppmC
.......................
1
ppm
..........................
400
ppm
......................
0.1
ppm
.......................
18
 
21%.

(
b)
Fuel
for
flame
ionization
detectors.
Use
a
hydrogen­
helium
mixture
as
the
fuel.
Make
sure
the
mixture
contains
40
±
2
percent
hydrogen
and
no
more
than
1
ppmC
of
organic
carbon
or
400
ppm
of
CO2.
(
c)
Calibration
and
span
gases.
Apply
the
following
provisions
to
calibration
and
span
gases:
(
1)
Use
the
following
gas
mixtures,
as
applicable,
for
calibrating
and
spanning
your
analytical
instruments:
(
i)
Propane
in
purified
synthetic
air.
You
may
ask
us
to
allow
you
to
use
propane
in
purified
nitrogen
for
high
concentrations
of
propane.
(
ii)
CO
in
purified
nitrogen.
(
iii)
NO
and
NO2
in
purified
nitrogen
(
the
amount
of
NO2
in
this
calibration
gas
must
not
exceed
5
percent
of
the
NO
content).
(
iv)
Oxygen
in
purified
nitrogen.
(
v)
CO2
in
purified
nitrogen.
(
vi)
Methane
in
purified
synthetic
air.
(
2)
The
calibration
gases
in
paragraph
(
c)(
1)
of
this
section
must
be
traceable
to
within
one
percent
of
NIST
gas
standards
or
other
gas
standards
we
have
approved.
Span
gases
in
paragraph
(
c)(
1)
of
this
section
must
be
accurate
to
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Rules
and
Regulations
within
two
percent
of
true
concentration,
where
true
concentration
refers
to
NIST
gas
standards,
or
other
gas
standards
we
have
approved.
Record
concentrations
of
calibration
gas
as
volume
percent
or
volume
ppm.
(
3)
You
may
use
gases
for
species
other
than
those
in
paragraph
(
c)(
1)
of
this
section
(
such
as
methanol
in
air
gases
used
to
determine
response
factors),
as
long
as
they
meet
the
following
criteria:
(
i)
They
are
traceable
to
within
±
2
percent
of
NIST
gas
standards
or
other
standards
we
have
approved.
(
ii)
They
remain
within
±
2
percent
of
the
labeled
concentration.
Show
this
by
measuring
quarterly
with
a
precision
of
±
2
percent
(
two
standard
deviations)
or
by
using
another
method
we
approve.
You
may
take
multiple
measurements.
If
the
true
concentration
of
the
gas
changes
by
more
than
two
percent,
but
less
than
ten
percent,
you
may
relabel
the
gas
with
the
new
concentration.
(
4)
You
may
generate
calibration
and
span
gases
using
precision
blending
devices
(
gas
dividers)
to
dilute
gases
with
purified
nitrogen
or
with
purified
synthetic
air.
Make
sure
the
mixing
device
produces
a
concentration
of
blended
calibration
gases
that
is
accurate
to
within
±
1.5
percent.
To
do
so,
you
must
know
the
concentration
of
primary
gases
used
for
blending
to
an
accuracy
of
at
least
±
1
percent,
traceable
to
NIST
gas
standards
or
other
gas
standards
we
have
approved.
For
each
calibration
incorporating
a
blending
device,
verify
the
blending
accuracy
between
15
and
50
percent
of
full
scale.
You
may
optionally
check
the
blending
device
with
an
instrument
that
is
linear
by
nature
(
for
example,
using
NO
gas
with
a
CLD).
Adjust
the
instrument's
span
value
with
the
span
gas
connected
directly
to
it.
Check
the
blending
device
at
the
used
settings
to
ensure
that
the
difference
between
nominal
values
and
measured
concentrations
at
each
point
stays
within
±
0.5
percent
of
the
nominal
value.
(
d)
Oxygen
interference
gases.
Gases
to
check
oxygen
interference
are
mixtures
of
oxygen,
nitrogen,
and
propane.
The
oxygen
concentration
must
be
20
 
22
percent
and
the
propane
concentration
must
be
50
 
90
percent
of
the
maximum
value
in
the
most
typically
used
FID
range.
Independently
measure
the
concentration
of
total
hydrocarbons
plus
impurities
by
chromatographic
analysis
or
by
dynamic
blending.
Subpart
D
 
Analyzer
and
Equipment
Calibrations
§
1065.301
Overview.
Calibrate
all
analyzers
and
equipment
at
least
annually,
but
make
the
actual
frequency
consistent
with
good
engineering
judgment.
We
may
establish
other
guidelines
as
appropriate.
Calibrate
following
specifications
in
one
of
three
sources:
(
a)
Recommendations
from
the
manufacturer
of
the
analyzers
or
equipment.
(
b)
40
CFR
part
86,
subpart
F
or
subpart
N.
(
c)
40
CFR
part
90,
subparts
D
and
E,
as
applicable.

§
1065.305
International
calibration
standards.
(
a)
You
may
ask
to
use
international
standards
for
calibration.
(
b)
You
need
not
ask
for
approval
to
use
standards
that
have
been
shown
to
be
traceable
to
NIST
standards.

§
1065.310
CVS
calibration.
[
Reserved]

§
1065.315
Torque
calibration.
You
must
use
one
of
two
techniques
to
calibrate
torque:
the
lever­
arm
deadweight
or
the
transfer
technique.
You
may
use
other
techniques
if
you
show
they
are
equally
accurate.
The
NIST
``
true
value''
torque
is
defined
as
the
torque
calculated
by
taking
the
product
of
an
NIST
traceable
weight
or
force
and
a
sufficiently
accurate
horizontal
distance
along
a
lever
arm,
corrected
for
the
lever
arm's
hanging
torque.
(
a)
The
lever­
arm
dead­
weight
technique
involves
placing
known
weights
at
a
known
horizontal
distance
from
the
torque­
measuring
device's
center
of
rotation.
You
need
two
types
of
equipment:
(
1)
Calibration
weights.
This
technique
requires
at
least
six
calibration
weights
for
each
range
of
torque­
measuring
device
used.
Equally
space
the
weights
and
make
sure
each
one
is
traceable
to
NIST
weights.
You
also
may
use
weights
certified
by
a
U.
S.
state
government's
bureau
of
weights
and
measures.
If
your
laboratory
is
outside
the
U.
S.,
see
§
1065.305
for
information
about
using
non­
NIST
standards.
You
may
account
for
effects
of
changes
in
gravitational
constant
at
the
test
site.
(
2)
Lever
arm.
This
technique
also
requires
a
lever
arm
at
least
20
inches
long.
Make
sure
the
horizontal
distance
from
the
torque­
measurement
device's
centerline
to
the
point
where
you
apply
the
weight
is
accurate
to
within
±
0.10
inches.
You
must
balance
the
arm
or
know
its
hanging
torque
to
within
±
0.1
ft­
lbs.
(
b)
The
transfer
technique
involves
calibrating
a
master
load
cell
(
dynamometer
case
load
cell).
You
may
calibrate
the
master
load
cell
with
known
calibration
weights
at
known
horizontal
distances.
Or
you
may
use
a
hydraulically
actuated,
precalibrated,
master
load
cell
and
then
transfer
this
calibration
to
the
device
that
measures
the
flywheel
torque.
The
transfer
technique
involves
three
main
steps:
(
1)
Precalibrate
a
master
load
cell
or
calibrate
it
following
paragraph
(
a)(
1)
of
this
section.
Use
known
weights
traceable
to
NIST
with
the
lever
arms
specified
in
paragraph
(
b)(
2)
of
this
section.
Run
or
vibrate
the
dynamometer
during
this
calibration
to
reduce
static
hysteresis.
(
2)
Use
lever
arms
at
least
20
inches
long.
The
horizontal
distances
from
the
master
load
cell's
centerline
to
the
dynamometer's
centerline
and
to
the
point
where
you
apply
weight
or
force
must
be
accurate
to
within
±
0.10
inches.
Balance
the
arms
or
know
their
net
hanging
torque
to
within
±
0.1
ft­
lbs.
(
3)
Transfer
calibration
from
the
case
or
master
load
cell
to
the
torquemeasuring
device
with
the
dynamometer
operating
at
a
constant
speed.
Calibrate
the
torquemeasurement
device's
readout
to
the
master
load
cell's
torque
readout
at
a
minimum
of
six
loads
spaced
about
equally
across
the
full
useful
ranges
of
both
measurement
devices.
(
Good
engineering
practice
requires
that
both
devices
have
about
the
same
useful
ranges
of
torque
measurement.)
Transfer
the
calibration
so
it
meets
the
accuracy
requirements
in
§
1065.105(
a)(
2)
for
readouts
from
the
torque­
measurement
device.

Subpart
E
 
Engine
Selection,
Preparation,
and
Service
Accumulation
§
1065.401
Selecting
a
test
engine.

While
all
engine
configurations
within
a
certified
engine
family
must
comply
with
the
applicable
standards
in
the
standard­
setting
part,
you
are
not
required
to
test
each
configuration
for
certification.
(
a)
Select
for
testing
according
to
the
following
guidance
the
engine
configuration
within
the
engine
family
that
is
most
likely
to
exceed
an
emission
standard:
(
1)
Test
the
engine
that
we
specify,
whether
we
do
this
through
general
guidance
or
give
you
specific
instructions.
(
2)
If
we
do
not
tell
you
which
engine
to
test,
follow
any
instructions
in
the
standard­
setting
part.
(
3)
If
we
do
not
tell
you
which
engine
to
test
and
the
standard­
setting
part
does
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67,
No.
217
/
Friday,
November
8,
2002
/
Rules
and
Regulations
not
include
specifications
for
selecting
test
engines,
use
good
engineering
judgment
to
select
the
engine
configuration
within
the
engine
family
that
is
most
likely
to
exceed
an
emission
standard.
(
b)
In
the
absence
of
other
information,
the
following
characteristics
are
appropriate
to
consider
when
selecting
the
engine
to
test:
(
1)
Maximum
fueling
rates.
(
2)
Maximum
in­
use
engine
speed
(
governed
or
ungoverned,
as
applicable).
(
3)
Highest
sales
volume.
(
c)
We
may
select
any
engine
configuration
within
the
engine
family
for
our
testing.

§
1065.405
Preparing
and
servicing
a
test
engine.
(
a)
If
you
are
testing
an
emission­
data
engine
for
certification,
make
sure
you
have
built
it
to
represent
production
engines.
(
b)
Run
the
test
engine,
with
all
emission­
control
systems
operating,
long
enough
to
stabilize
emission
levels.
If
you
accumulate
50
hours
of
operation,
you
may
consider
emission
levels
stable
without
measurement.
(
c)
Do
not
service
the
test
engine
before
you
stabilize
emission
levels,
unless
we
approve
other
maintenance
in
advance.
This
prohibition
does
not
apply
to
your
recommended
oil
and
filter
changes
for
newly
produced
engines,
or
to
idle­
speed
adjustments.
(
d)
Select
engine
operation
for
accumulating
operating
hours
on
your
test
engines
to
represent
normal
in­
use
operation
for
the
engine
family.
(
e)
If
you
need
more
than
50
hours
to
stabilize
emission
levels,
record
your
reasons
and
the
method
you
use
to
do
this.
Give
us
these
records
if
we
ask
for
them.

§
1065.410
Service
limits
for
stabilized
test
engines.
(
a)
After
you
stabilize
the
test
engine's
emission
levels,
you
may
do
scheduled
maintenance,
other
than
during
emission
testing,
as
the
standard­
setting
part
specifies.
(
b)
You
may
not
do
any
unscheduled
maintenance
to
the
test
engine
or
its
emission­
control
system
or
fuel
system
without
our
advance
approval.
Unscheduled
maintenance
includes
adjusting,
repairing,
removing,
disassembling,
cleaning,
or
replacing
the
test
engine.
We
may
approve
routine
maintenance
that
is
not
scheduled
such
as
maintaining
the
proper
oil
level.
(
1)
We
may
approve
other
unscheduled
maintenance
if
all
of
the
following
occur:
(
i)
You
determine
that
a
part
failure
or
system
malfunction
(
or
the
associated
repair)
does
not
make
the
engine
unrepresentative
of
production
engines
in
the
field
and
does
not
require
anyone
to
access
the
combustion
chamber.
(
ii)
Something
clearly
malfunctions
(
such
as
persistent
misfire,
engine
stall,
overheating,
fluid
leakage,
or
loss
of
oil
pressure)
and
needs
maintenance
or
repair.
(
iii)
You
give
us
a
chance
to
verify
the
extent
of
the
malfunction
before
you
do
the
maintenance.
(
2)
If
we
determine
that
a
part's
failure
or
a
system's
malfunction
(
or
the
associated
repair)
has
made
the
engine
unrepresentative
of
production
engines,
you
may
no
longer
use
it
as
a
test
engine.
(
3)
You
may
not
do
unscheduled
maintenance
based
on
emission
measurements
from
the
test
engine.
(
4)
Unless
we
approve
otherwise
in
advance,
you
may
not
use
equipment,
instruments,
or
tools
to
identify
bad
engine
components
unless
you
specify
they
should
be
used
for
scheduled
maintenance
on
production
engines.
In
this
case,
if
they
are
not
generally
available,
you
must
also
make
them
available
at
dealerships
and
other
service
outlets.
(
c)
If
you
do
maintenance
that
might
affect
emissions,
you
must
completely
test
the
engine
for
emissions
before
and
after
the
maintenance,
unless
we
waive
this
requirement.
(
d)
If
your
test
engine
has
a
major
mechanical
failure
that
requires
you
to
take
it
apart,
you
may
no
longer
use
it
as
a
test
engine.

§
1065.415
Durability
demonstration.

If
the
standard­
setting
part
requires
durability
testing,
you
must
accumulate
service
in
a
way
that
represents
how
you
expect
the
engine
to
operate
in
use.
You
may
accumulate
service
hours
using
an
accelerated
schedule,
such
as
through
continuous
operation.
(
a)
Maintenance.
The
following
limits
apply
to
the
maintenance
that
we
allow
you
to
do
on
test
engine:
(
1)
You
may
perform
scheduled
maintenance
that
you
recommend
to
operators,
but
only
if
it
is
consistent
with
the
standard­
setting
part's
restrictions.
(
2)
You
may
perform
additional
maintenance
only
if
we
approve
it
in
advance,
as
specified
in
§
1065.410(
b).
(
3)
If
your
test
engine
has
a
major
mechanical
failure
that
requires
you
to
take
it
apart,
you
may
no
longer
use
it
as
a
test
engine.
(
b)
Emission
measurements.
You
must
measure
emissions
following
two
main
requirements:
(
1)
Perform
emission
tests
to
determine
deterioration
factors
consistent
with
good
engineering
judgment.
Evenly
space
any
tests
between
the
first
and
last
test
points
throughout
the
durability
period.
(
2)
Perform
emission
tests
following
the
provisions
of
this
part
and
the
standard­
setting
part.

Subpart
F
 
Running
an
Emission
Test
§
1065.501
Overview
of
the
engine
dynamometer
test
procedures.

(
a)
The
engine
dynamometer
test
procedure
measures
brake­
specific
emissions
of
hydrocarbons
(
total
and
nonmethane,
as
applicable),
carbon
monoxide,
and
oxides
of
nitrogen.
To
perform
this
test
procedure,
you
first
dilute
exhaust
emissions
with
ambient
air
and
collect
a
continuous
proportional
sample
for
analysis,
then
analyze
the
composite
samples
(
either
in
bags
after
the
test
or
continuously
during
the
test).
The
general
test
procedure
consists
of
a
test
cycle
made
of
one
or
more
segments
(
check
the
standard­
setting
part
for
specific
cycles):
(
1)
Either
a
cold­
start
cycle
(
where
you
measure
emissions)
or
a
warm­
up
cycle
(
where
you
do
not
measure
emissions).
(
2)
A
hot­
start
transient
test
(
some
test
cycles
may
omit
engine
starting
from
the
``
hot­
start''
cycle).
(
3)
A
steady­
state
test.
(
b)
Measure
power
using
the
dynamometer's
feedback
signals
for
torque
and
speed.
The
power
measurement
produces
a
brake
kilowatthour
value
that
allows
you
to
calculate
brake­
specific
emissions
(
see
Subpart
G
of
this
part).
(
c)
Prepare
engines
for
testing
consistent
with
§
1065.10(
c)(
1)
and
according
to
the
following
provisions:
(
1)
When
you
test
an
engine
or
operate
it
for
service
accumulation,
use
the
complete
engine
with
all
emissioncontrol
devices
installed
and
functioning.
(
2)
Install
the
fan
for
any
air­
cooled
engine
(
if
applicable).
(
3)
You
may
install
accessories
such
as
an
oil
cooler,
alternators,
and
air
compressors
or
simulate
their
loading
if
they
are
typical
of
in­
use
operation.
Apply
this
loading
during
all
testing
operations,
including
mapping.
(
4)
You
may
install
a
production­
type
starter
on
the
engine.
(
5)
Cool
the
engine
in
a
way
that
will
maintain
its
operating
temperatures
including
the
intake
air,
oil,
water
temperatures
about
the
same
as
they
would
be
during
normal
operation.
You
may
use
auxiliary
fans
if
necessary.
You
may
use
rust
inhibitors
and
lubrication
additives,
up
to
the
levels
that
the
additive
manufacturer
recommends.

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8,
2002
/
Rules
and
Regulations
You
may
also
use
antifreeze
mixtures
and
other
coolants
typical
of
those
approved
for
use
by
the
manufacturer.
(
6)
Use
representative
exhaust
and
airintake
systems.
Make
sure
the
exhaust
restriction
is
80
to
100
percent
of
the
recommended
maximum
specified
exhaust
restriction
and
the
air
inlet
restriction
is
between
that
of
a
clean
filter
and
the
maximum
restriction
specification.
As
the
manufacturer,
you
are
liable
for
emission
compliance
from
the
minimum
in­
use
restrictions
to
the
maximum
restrictions
you
specify
for
that
particular
engine.

§
1065.510
Engine
mapping
procedures.
(
a)
Torque
map.
Map
your
engine's
torque
while
it
is
mounted
on
the
dynamometer.
Use
the
torque
curve
resulting
from
the
mapping
to
convert
the
normalized
torque
values
in
the
engine
cycle
to
actual
torque
values
for
the
test
cycle.
Make
sure
the
speed
ranges
at
least
from
the
warm
no­
load
idle
speed
to
105
percent
of
the
maximum
test
speed.
Because
you
determine
the
maximum
test
speed
from
the
torque
map,
you
may
have
to
perform
a
preliminary
torque
map
to
determine
the
full
mapping
range.
You
may
perform
this
preliminary
torque
map
while
the
engine
warms
up.
To
map
the
engine,
do
the
following
things
in
sequence:
(
1)
Warm
up
the
engine
so
oil
and
water
temperatures
(
on
an
absolute
scale
such
as
the
Kelvin
scale)
vary
by
less
than
two
percent
for
two
minutes;
or
until
the
thermostat
opens
if
the
enginecoolant
system
includes
a
thermostat.
(
2)
Operate
the
engine
at
the
warm
noload
idle
speed.
(
3)
Fully
open
the
throttle.
(
4)
While
maintaining
wide­
open
throttle
and
full­
load,
keep
the
engine
at
minimum
speed
for
at
least
15
seconds.
Record
the
average
torque
during
the
last
5
seconds.
(
5)
In
increments
of
100
±
20
rpm,
determine
the
maximum
torque
curve
for
the
full
speed
range.
Hold
each
test
point
for
15
seconds
and
record
the
average
torque
over
the
last
5
seconds.
You
may
use
larger
increments
for
engines
with
maximum
test
speed
over
4000
rpm,
as
long
as
you
include
at
least
40
points
and
space
them
evenly.
(
6)
Fit
all
data
points
recorded
with
a
cubic
spline,
Akima,
or
other
technique
we
approve
in
advance.
The
resultant
curve
must
be
accurate
to
within
±
1.0
ftlbs
of
all
recorded
engine
torques.
(
b)
Torque
map
with
continual
engine
speed
sweep.
In
place
of
paragraphs
(
a)(
1)
through
(
a)(
4)
of
this
section,
you
may
do
a
continual
sweep
of
engine
speed.
While
operating
at
wide­
open
throttle,
increase
the
engine
speed
at
an
average
rate
of
8
±
1
rpm/
sec
over
the
full
speed
range.
You
may
use
higher
sweeping
rates
for
naturally­
aspirated
engines,
in
accordance
with
good
engineering
judgment.
Record
speed
and
torque
points
at
a
rate
of
at
least
one
point
per
second.
Connect
all
points
generated
under
this
approach
by
linear
interpolation.
(
c)
Alternate
mapping.
You
may
use
other
mapping
techniques
if
you
believe
those
in
paragraphs
(
a)
and
(
b)
of
this
section
are
unsafe
or
unrepresentative
for
any
engine
or
engine
family.
These
alternate
techniques
must
satisfy
the
intent
of
the
specified
mapping
procedures
 
to
determine
the
maximum
available
torque
at
all
engine
speeds
that
occur
during
the
test
cycles.
Report
deviations
from
this
section's
mapping
techniques
for
reasons
of
safety
or
representativeness.
In
no
case,
however,
may
you
use
descending
continual
sweeps
of
engine
speed
for
governed
or
turbocharged
engines.
(
d)
Replicate
tests.
You
need
not
map
an
engine
before
every
test,
but
you
do
need
to
remap
the
engine
in
any
of
the
following
situations:
(
1)
Good
engineering
judgment
determines
that
an
unreasonable
amount
of
time
has
passed
since
the
last
map.
(
2)
The
barometric
pressure
before
the
test
begins
has
changed
more
than
25
mm
Hg
from
the
average
barometric
pressure
observed
during
the
map.
(
3)
The
engine
has
undergone
physical
changes
or
recalibration
that
might
affect
its
performance.
(
e)
Power
map.
Where
applicable,
generate
a
power
map
using
the
procedures
this
section
specifies
for
torque
maps.
You
may
generate
the
power
map
directly
or
convert
the
torque
map
to
a
power
map
using
engine
speeds.
The
power
map
is
also
called
a
lug
curve.
(
f)
Cycles
based
only
on
torque/
power
at
maximum
test
speed.
If
the
applicable
test
cycle
for
your
engine
does
not
require
map
information
for
engine
speeds
other
than
the
maximum
test
speed,
you
may
make
the
following
simplifications:
(
1)
You
need
not
perform
the
entire
torque
or
power
map,
as
long
as
you
map
the
engines
for
speeds
between
75
and
105
percent
of
the
maximum
test
speed.
(
2)
You
need
not
remap
an
engine
according
to
paragraph
(
d)
of
this
section.
You
need
only
verify
the
maximum
torque
or
power
at
maximum
test
speed.

§
1065.515
Test
cycle
generation.
(
a)
Denormalizing
test
cycles.
The
standard­
setting
parts
establish
the
applicable
test
cycles
consisting
of
second­
by­
second
specifications
for
normalized
torque
and
speed
for
transient
cycles,
or
modal
specifications
for
normalized
torque
and
speed
(
or
power
and
speed)
for
steady­
state
cycles.
You
must
denormalize
these
values
to
get
actual
torque
and
speed
for
your
engine.
(
1)
Torque
is
normalized
to
a
maximum­
torque
value.
Check
the
standard­
setting
part
to
see
if
it
is
normalized
based
on
the
maximum
torque
at
the
given
speed
or
based
on
the
maximum
torque
for
all
speeds.
To
denormalize
the
torque
values
in
the
cycle,
use
the
engine's
maximum­
torque
point
or
its
torque
map
(
§
1065.510
describes
how
to
generate
the
torque
map).
(
2)
Power
is
normalized
to
a
maximum­
power
value.
Check
the
standard­
setting
part
to
see
if
it
is
normalized
based
on
the
maximum
power
at
the
given
speed
or
based
on
the
maximum
power
for
all
speeds.
To
denormalize
the
power
values
in
the
cycle,
use
the
engine's
maximum­
power
point
or
its
power
map
(
§
1065.510
describes
how
to
generate
the
power
map).
(
3)
To
denormalize
speed,
use
the
following
equation:
Actual
engine
speed
=
(
0.01)
×
(%
engine
speed)
×
(
Maximum
test
speed
 
warm
idle
speed)
+
warm
idle
speed
(
4)
Paragraph
(
d)
of
this
section
describes
how
to
calculate
maximum
test
speed.
(
b)
Example
of
denormalizing
a
test
points.
For
an
engine
with
maximum
test
speed
of
3800
rpm
and
warm
idle
speed
of
600
rpm,
denormalize
the
following
test
point:
percent
engine
speed
=
43,
percent
torque
=
82.
(
1)
Calculate
actual
engine
speed.
The
following
equation
applies
for
this
example:
Actual
engine
speed
=
(
0.01)
×
(
43)
×
(
3800
¥
600)
+
600
=
1976
rpm.
(
2)
Determine
actual
torque.
Determine
the
maximum
observed
torque
at
1976
rpm
from
the
maximum
torque
curve.
Then
multiply
this
value
(
for
example,
358
ft­
lbs.)
by
0.82.
The
resulting
actual
torque
is
294
ft­
lbs.
(
c)
Cold­
start
enhancement
devices.
If
an
engine
has
a
properly
operating
automatic
enhancement
device
for
cold
starts,
let
it
override
the
zero­
percent
speed
specified
in
the
test
cycles.
(
d)
Maximum
test
speed.
For
constant­
speed
engines,
maximum
test
speed
is
the
same
as
the
engine's
maximum
operating
speed
in
use.
Maximum
test
speed
for
variable­
speed
engines
occurs
on
the
lug
curve
at
the
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Federal
Register
/
Vol.
67,
No.
217
/
Friday,
November
8,
2002
/
Rules
and
Regulations
point
farthest
from
the
origin
on
a
plot
of
power
vs.
speed.
To
find
this
speed,
follow
three
main
steps:
(
1)
Generate
the
lug
curve.
Before
testing
an
engine
for
emissions,
generate
data
points
for
maximum
measured
brake
power
with
varying
engine
speed
(
see
§
1065.510).
These
data
points
form
the
lug
curve.
(
2)
Normalize
the
lug
curve.
To
normalize
the
lug
curve,
do
three
things:
(
i)
Identify
the
point
(
power
and
speed)
on
the
lug
curve
where
maximum
power
occurs.
(
ii)
Normalize
the
power
values
of
the
lug
curve
 
divide
them
by
the
maximum
power
and
multiply
the
resulting
values
by
100.
(
iii)
Normalize
the
engine
speed
values
of
the
lug
curve
 
divide
them
by
the
speed
at
which
maximum
power
occurs
and
multiply
the
resulting
values
by
100.
(
3)
Determine
maximum
test
speed.
Calculate
the
maximum
test
speed
from
the
following
speed­
factor
analysis:
(
i)
For
a
given
power­
speed
point,
the
speed
factor
is
the
normalized
distance
to
the
power­
speed
point
from
the
zeropower
zero­
speed
point.
Compute
the
speed
factor's
value:

Speed
factor
=
(
power)
(
speed)
2
2
+

(
ii)
Determine
the
maximum
value
of
speed
factors
for
all
the
power­
speed
data
points
on
the
lug
curve.
Maximum
test
speed
is
the
speed
at
which
the
speed
factor's
maximum
value
occurs.
Note
that
this
maximum
test
speed
is
the
100­
percent
speed
point
for
normalized
transient
duty
cycles.
(
e)
Intermediate
test
speed.
Determine
intermediate
test
speed
with
the
following
provisions:
(
1)
If
peak
torque
speed
is
60
to
75
percent
of
the
maximum
test
speed,
the
intermediate
speed
point
is
at
that
same
speed.
(
2)
If
peak
torque
speed
is
less
than
60
percent
of
the
maximum
test
speed,
the
intermediate
speed
point
is
at
60
percent
of
maximum
test
speed.
(
3)
If
peak
torque
speed
is
greater
than
75
percent
of
the
maximum
test
speed,
the
intermediate
speed
point
is
at
75
percent
of
maximum
test
speed.

§
1065.520
Engine
starting,
restarting,
and
shutdown.

Unless
the
standard­
setting
part
specifies
otherwise,
follow
the
steps
in
this
section
to
start
and
shut
down
the
test
engine:
(
a)
Engine
starting.
Start
the
engine
according
to
the
manufacturer's
recommended
starting
procedure
in
the
owner's
manual,
using
either
a
production
starter
motor
or
the
dynamometer.
Use
the
dynamometer
to
crank
(
or
motor)
the
engine
at
the
typical
in­
use
cranking
speed
with
a
fully
charged
battery
(
nominal
speed
±
10
percent),
accelerating
the
engine
to
cranking
speed
in
the
same
time
it
would
take
with
a
starter
motor
(
nominal
±
0.5
seconds).
Stop
motoring
by
the
dynamometer
within
one
second
of
starting
the
engine.
The
cycle's
freeidle
period
begins
when
you
determine
that
the
engine
has
started.
(
1)
If
the
engine
does
not
start
after
15
seconds
of
cranking,
stop
cranking
and
determine
the
reason
it
failed
to
start.
While
diagnosing
the
problem,
turn
off
the
device
that
measures
gas
flow
(
or
revolution
counter)
on
the
constantvolume
sampler
(
and
all
integrators
when
measuring
emissions
continuously).
Also,
turn
off
the
constant­
volume
sampler
or
disconnect
the
exhaust
tube
from
the
tailpipe.
If
failure
to
start
is
an
operational
error,
reschedule
the
engine
for
testing
(
this
may
require
soaking
the
engine
if
the
test
requires
a
cold­
start).
(
2)
If
longer
cranking
times
are
necessary,
you
may
use
them
instead
of
the
15­
second
limit,
as
long
as
the
owner's
manual
and
the
service­
repair
manual
describe
the
longer
cranking
times
as
normal.
(
3)
If
an
engine
malfunction
causes
a
failure
to
start,
you
may
correct
it
in
less
than
30
minutes
and
continue
the
test.
Reactivate
the
sampling
system
at
the
same
time
cranking
begins.
When
the
engine
starts,
begin
the
timing
sequence.
If
an
engine
malfunction
causes
a
failure
to
start,
and
you
cannot
restart
the
engine,
the
test
is
void.
(
b)
Engine
stalling.
Respond
to
engine
stalling
as
follows:
(
1)
If
the
engine
stalls
during
the
warm­
up
period,
the
initial
idle
period
of
test,
or
the
steady­
state
segment,
you
may
restart
the
engine
immediately
using
the
appropriate
starting
procedure
and
continue
the
test.
(
2)
If
the
engine
stalls
at
any
other
time,
the
test
is
void.
(
c)
Engine
shutdown.
Shut
the
engine
down
according
to
the
manufacturer's
specifications.

§
1065.525
Engine
dynamometer
test
run.

Take
the
following
steps
for
each
test:
(
a)
Prepare
the
engine,
dynamometer,
and
sampling
system.
Change
filters
or
other
replaceable
items
and
check
for
leaks
as
necessary.
(
b)
If
you
are
using
bag
samples,
connect
evacuated
sample­
collection
bags
to
the
collection
system
for
the
dilute
exhaust
and
dilution
air
sample.
(
c)
Attach
the
CVS
to
the
engine's
exhaust
system
any
time
before
starting
the
CVS.
(
d)
Start
the
CVS
(
if
not
already
started),
the
sample
pumps,
the
engine
cooling
fans,
and
the
data­
collection
system.
Before
the
test
begins,
preheat
the
CVS's
heat
exchanger
(
if
used)
and
the
heated
components
of
any
continuous
sampling
systems
to
designated
operating
temperatures.
(
e)
Adjust
the
sample
flow
rates
to
the
desired
levels
and
set
to
zero
the
devices
in
the
CVS
that
measure
gas
flow.
The
venturi
design
fixes
the
sample
flow
rate
in
a
CFV
 
CVS.
(
f)
Start
the
engine
if
engine
starting
is
not
part
of
the
test
cycle,
as
specified
in
the
standard­
setting
part.
(
g)
Run
the
test
cycle
specified
in
the
standard­
setting
part
and
collect
the
test
data.
(
h)
As
soon
as
practical
after
the
test
cycle
is
complete,
analyze
the
bag
samples.

§
1065.530
Test
cycle
validation
criteria.
(
a)
Steady­
state
emission
testing.
Make
sure
your
engine's
speeds
and
loads
stay
within
±
2
percent
of
the
set
point
during
the
sampling
period.
(
b)
Transient
emission
testing
performed
by
EPA.
Emission
tests
must
meet
the
specifications
of
this
paragraph
(
b).
Otherwise,
they
do
not
comply
with
the
test
cycle
requirements
of
the
standard­
setting
part,
unless
we
determine
the
cause
of
the
failure
to
meet
these
specifications
is
related
to
the
engine
rather
than
the
test
equipment.
(
1)
Shifting
feedback
signals.
The
time
lag
between
the
feedback
and
referencecycle
values
may
bias
results.
To
reduce
this
effect,
you
may
advance
or
delay
the
entire
sequence
of
engine­
speed
and
torque­
feedback
signals
with
respect
to
the
reference
sequence
for
speed
and
torque.
If
you
shift
the
feedback
signals,
you
must
shift
speed
and
torque
the
same
amount
in
the
same
direction.
(
2)
Calculating
brake
kilowatt­
hour
emissions.
Calculate
brake
kilowatt­
hour
emissions
for
each
pair
of
feedback
values
recorded
for
engine
speed
and
torque.
Also
calculate
the
reference
brake
kilowatt­
hour
for
each
pair
of
reference
values
for
engine
speed
and
torque.
Calculate
to
five
significant
figures.
(
3)
Performing
regression­
line
analysis.
Perform
regression
analysis
to
calculate
validation
statistics
as
follows:
(
i)
Perform
linear
regressions
of
feedback
value
on
reference
value
for
speed,
torque,
and
brake
power
on
1
Hz
data
after
the
feedback
shift
has
occurred
(
see
paragraph
(
b)(
1)
of
this
section).
Use
the
method
of
least
squares,
with
the
best­
fit
equation
having
the
form:
y
=
mx
+
b
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Rules
and
Regulations
Where:
y
=
The
feedback
(
actual)
value
of
speed
(
rpm),
torque
(
ft­
lbs.),
or
brake
power.
m
=
Slope
of
the
regression
line.
x
=
The
reference
value
(
speed,
torque,
or
brake
power).
b
=
The
y­
intercept
of
the
regression
line.
(
ii)
Calculate
the
standard
error
of
estimate
(
SE)
of
y
on
x
and
the
coefficient
of
determination
(
r2)
for
each
regression
line.
(
iii)
For
a
valid
test,
make
sure
the
feedback
cycle's
integrated
brake
kilowatt­
hour
is
within
5
percent
of
the
reference
cycle's
integrated
brake
kilowatt­
hour.
Also,
ensure
that
the
slope,
intercept,
standard
error,
and
coefficient
of
determination
meet
the
criteria
in
the
following
table
(
you
may
delete
individual
points
from
the
regression
analyses,
consistent
with
good
engineering
judgment):

TABLE
1
OF
§
1065.530.
 
STATISTICAL
CRITERIA
FOR
VALIDATING
TEST
CYCLES
Speed
Torque
Power
1.
Slope
of
the
regression
line
(
m)
0.980
to
1.020
..............................
0.880
to
1.030
..............................
0.880
to
1.030.

2.
Y
intercept
of
the
regression
line
(
b).
 
b
 
 
40
rpm
.................................
 
b
 
 
5.0
percent
of
maximum
torque
from
power
map.
 
b
 
 
3.0
percent
of
maximum
torque
from
power
map.

3.
Standard
error
of
the
estimate
of
Y
on
X
(
SE).
100
rpm
........................................
15
percent
of
maximum
torque
from
power
map.
10
percent
of
maximum
power
from
power
map.

4.
Coefficient
of
determination
(
r2)
r2
 
0.970
......................................
r2
 
0.900
......................................
r2
 
0.900.

(
c)
Transient
testing
performed
by
manufacturers.
Emission
tests
that
meet
the
specifications
of
paragraph
(
b)
of
this
section
satisfy
the
standard­
setting
part's
requirements
for
test
cycles.
You
may
ask
to
use
a
dynamometer
that
cannot
meet
those
specifications,
consistent
with
good
engineering
practice.
We
will
approve
your
request
as
long
as
using
the
alternate
dynamometer
does
not
affect
your
ability
to
show
that
you
comply
with
all
applicable
emission
standards.

Subpart
G
 
Data
Analysis
and
Calculations
§
1065.601
Overview.

This
subpart
describes
how
to
use
the
responses
on
the
analyzers
and
other
meters
to
calculate
final
gram
per
kilowatt­
hour
emission
rates.

Note:
Volume
and
density
values
used
in
these
calculations
are
generally
corrected
to
standard
conditions
of
20
°
C
and
101.3
kPa.)

§
1065.605
Required
records.

Retain
the
following
information
for
each
test:
(
a)
Test
number.
(
b)
System
or
device
tested
(
brief
description).
(
c)
Date
and
time
of
day
for
each
part
of
the
test
schedule.
(
d)
Test
results.
(
e)
Operator's
name.
(
f)
Engine:
ID
number,
manufacturer,
model
year,
emission
standards,
engine
family,
basic
engine
description,
fuel
system,
engine
code,
and
idle
speed,
as
applicable.
(
g)
Dynamometer:
Dynamometer
identification,
records
to
verify
compliance
with
the
duty
cycle
requirements
of
the
test.
(
h)
Gas
analyzers:
Analyzer
bench
identification,
analyzer
ranges,
recordings
of
analyzer
output
during
zero,
span,
and
sample
readings.
(
i)
Recorder
charts:
Test
number,
date,
identification,
operator's
name,
and
identification
of
the
measurements
recorded.
(
j)
Test
cell
barometric
pressure,
ambient
temperature,
and
humidity
as
required.
(
Some
test
systems
may
require
continuous
measurements;
others
may
require
a
single
measurement,
or
measurements
before
and
after
the
test.)
(
k)
Temperatures:
Records
to
verify
compliance
with
the
ambient
temperature
requirements
throughout
the
test
procedure.
(
l)
CFV
 
CVS:
Total
dilute
exhaust
volume
(
Vmix)
for
each
phase
of
the
exhaust
test.
(
m)
PDP
 
CVS:
Test
measurements
for
calculating
the
total
dilute
exhaust
volume
(
Vmix),
and
the
Vmix
for
each
phase
of
the
exhaust
test.
(
n)
The
humidity
of
the
dilution
air.

Note:
If
you
do
not
use
conditioning
columns,
this
measurement
is
not
necessary.
If
you
use
conditioning
columns
and
take
the
dilution
air
from
the
test
cell,
you
may
use
the
ambient
humidity
for
this
measurement.

§
1065.610
Bag
sample
analysis.
(
a)
Zero
the
analyzers
and
obtain
a
stable
zero
reading.
Recheck
after
tests.
(
b)
Introduce
span
gases
and
set
instrument
gains.
To
avoid
errors,
span
and
calibrate
at
the
same
flow
rates
used
to
analyze
the
test
sample.
Span
gases
should
have
concentrations
equal
to
75
to
100
percent
of
full
scale.
If
gain
has
shifted
significantly
on
the
analyzers,
check
the
calibrations.
Show
actual
concentrations
on
the
chart.
(
c)
Check
zeroes;
if
necessary,
repeat
the
procedure
in
paragraphs
(
a)
and
(
b)
of
this
section.
(
d)
Check
flow
rates
and
pressures.
(
e)
Measure
HC,
CO,
CO2,
and
NOX
concentrations
of
samples.
(
f)
Check
zero
and
span
points.
If
the
difference
is
greater
than
2
percent
of
full
scale,
repeat
the
procedure
in
paragraphs
(
a)
through
(
e)
of
this
section.

§
1065.615
Bag
sample
calculations.

(
a)
Calculate
the
dilution
factor.
The
dilution
factor
is
the
ratio
of
the
total
volume
of
the
raw
exhaust
to
the
total
volume
of
the
diluted
exhaust.
It
is
calculated
as
134,000
divided
by
the
sum
of
the
diluted
ppmC
concentrations
of
carbon­
containing
compounds
in
the
exhaust,
as
follows:
DF
=
134,000/
(
CO2sample+
THCsample+
COsample),
Where:
CO2sample
and
COsample
are
expressed
as
ppm,
and
THCsample
is
expressed
as
ppmC.
(
b)
Calculate
mass
emission
rates
(
g/
test)
for
the
transient
segment
using
the
general
equation
in
paragraph
(
b)(
1)
of
this
section:
(
1)
The
general
equation
is:
Emission
rate
=
(
total
dilute
exhaust
flow
volume)(
ppm)(
density
factor)/
106
Mx
=
(
Vmix)(
Ci)(
fdi)/
106
Where:
Mx
=
Mass
emission
rate
in
g/
test
segment.
Vmix
=
Total
dilute
exhaust
flow
volume
flow
in
m3
per
test
segment
corrected
to
20
°
C
and
101.3
kPa.
Ci
=
The
concentration
of
species
i,
in
ppm
or
ppmC,
corrected
for
background
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Regulations
contribution
according
to
the
equation
in
paragraph
(
b)(
2)
of
this
section.
fdi
=
The
density
factor
for
species
i.
The
density
factors
are
576.8
g/
m3
for
THC,
1913
g/
m3
for
NOX,
and
1164
g/
m3
for
CO.
(
2)
The
equation
to
calculate
Ci
is:
Ci
=
Csample
 
Cbackground
[
1
 
(
1/
DF)]
Where:
Csample
=
Concentration
of
species
i
in
the
diluted
exhaust
sample,
in
ppm
or
ppmC.
Cbackground
=
Concentration
of
species
i
in
the
dilution
air
background
sample,
in
ppm
or
ppmC.
DF
=
Dilution
factor,
as
calculated
in
paragraph
(
a)
of
this
section.
(
c)
Calculate
total
brake
work
(
kW
 
hr)
done
during
the
emissions
sampling
period
of
each
segment
or
mode.
(
d)
Calculate
emissions
in
g/
kW
 
hr
by
dividing
the
mass
emission
rate
(
g/
test
segment)
by
the
total
brake
work
for
the
test
segment.
(
e)
Apply
deterioration
factors
or
other
adjustment
factors
to
the
brakespecific
emission
rate
in
paragraph
(
e)
as
specified
in
the
standard­
setting
part.

Subpart
H
 
Particulate
Measurements
[
Reserved]

Subpart
I
 
Testing
With
Oxygenated
Fuels
§
1065.801
Applicability.

(
a)
This
subpart
applies
for
testing
with
oxygenated
fuels.
Except
where
specified
otherwise
in
the
standardsetting
part,
compliance
with
this
subpart
is
not
required
for
fuels
that
contain
less
than
25
percent
oxygenated
compounds
by
volume.
For
example,
you
generally
would
not
need
to
follow
the
requirements
of
this
subpart
for
tests
performed
using
a
fuel
that
was
10
percent
ethanol
and
90
percent
gasoline,
but
you
would
need
to
follow
these
requirements
for
tests
performed
using
a
fuel
that
was
85
percent
ethanol
and
15
percent
gasoline.
(
b)
This
subpart
specifies
sampling
procedures
and
calculations
that
are
different
than
those
used
for
nonoxygenated
fuels.
The
other
test
procedures
of
this
part
apply
for
testing
with
oxygenated
fuels.

§
1065.805
Sampling
system.

(
a)
Use
the
sampling
procedures
specified
in
40
CFR
part
86
for
methanol
and
formaldehyde
to
measure
alcohols
and
aldehydes
in
the
exhaust.
This
requires
the
following:
(
1)
Bubbling
a
sample
of
the
exhaust
through
water
to
collect
the
alcohols.
(
2)
Passing
a
sample
of
the
exhaust
through
cartridges
impregnated
with
2,4­
dinitrophenylhydrazine
to
measure
aldehydes.
(
b)
Use
good
engineering
judgment
to
measure
other
oxygenated
compounds
in
the
exhaust.

§
1065.810
Calculations.

(
a)
THCE
emissions.
(
1)
Calculate
THCE
emissions
as
the
sum
of
the
mass
of
the
nonoxygenated
hydrocarbons
in
the
exhaust
and
the
carbon­
equivalent
mass
of
each
measured
oxygenated
species
in
the
exhaust.
(
2)
Calculate
carbon­
equivalent
mass
of
each
measured
oxygenated
species
from
the
following
equation:
Carbon
equivalent
=
13.8756
×
MOC/
MWPC
Where:
MOC
is
the
mass
of
the
oxygenated
compound
in
the
exhaust,
and
MWPC
is
the
molecular
weight
of
compound
per
carbon
atom
of
compound.
(
b)
NMHCE
emissions.
Calculate
NMHCE
emissions
as
either:
(
1)
The
sum
of
the
mass
of
the
nonoxygenated
nonmethane
hydrocarbons
in
the
exhaust
and
the
carbon­
equivalent
mass
of
each
measured
oxygenated
species
in
the
exhaust.
(
2)
THCE
minus
the
mass
of
methane
in
the
exhaust.
(
c)
Sample
calculation.
(
1)
Assume
the
following
emissions
for
a
test:
40.00
grams
of
nonoxygenated
hydrocarbons,
100.00
grams
of
ethanol,
and
10.00
grams
of
acetaldehyde,
and
1.00
gram
of
formaldehyde.
(
2)
The
carbon­
equivalent
of
the
masses
of
oxygenated
compounds
are:
(
i)
13.8756
×
100.00/(
46.068/
2)
=
60.24
grams
of
ethanol.
(
ii)
13.8756
×
10.00/(
44.052/
2)
=
6.30
grams
of
acetaldehyde.
(
iii)
13.8756
×
1.00/(
30.026)
=
0.46
grams
of
formaldehyde.
(
3)
THCE
=
40.00
+
60.24
+
6.30
+
0.46
=
107.00
grams
per
test.

Subpart
J
 
Field
Testing
§
1065.901
Applicability.

(
a)
The
test
procedures
in
this
subpart
measure
brake­
specific
emissions
from
engines
while
they
remain
installed
in
vehicles
or
equipment
in
the
field.
(
b)
These
test
procedures
apply
to
your
engines
as
specified
in
the
standard­
setting
part.
For
example,
part
1048
of
this
chapter
specifies
emission
standard
to
be
used
for
in­
use
tests
conducted
in
accordance
with
the
provisions
of
this
part.
Unless
this
subpart
is
specifically
mentioned
in
the
standard­
setting
part,
compliance
with
the
provisions
of
this
subpart
is
not
required.
§
1065.905
General
provisions.
(
a)
Unless
the
standard­
setting
part
specifies
deviations
from
the
provisions
of
this
subpart,
testing
conducted
under
this
subpart
must
conform
to
all
of
the
provisions
of
this
subpart.
(
b)
Testing
conducted
under
this
subpart
may
include
any
normal
in­
use
operation
of
the
engine.

§
1065.910
Measurement
accuracy
and
precision.
(
a)
Measurement
systems
used
for
inuse
testing
must
be
accurate
to
within
±
5
percent
compared
to
engine
dynamometer
testing
conducted
according
to
the
test
procedures
of
this
part
that
are
applicable
for
your
engine.
These
systems
must
also
have
a
precision
of
±
5
percent
or
better.
Determine
accuracy
and
precision
of
an
in­
use
system
by
simultaneously
measuring
emissions
using
the
enginedynamometer
test
procedures
of
this
part
and
the
in­
use
system.
To
have
a
statistically
valid
sample,
measure
emissions
during
at
least
3
tests
each
for
at
least
3
different
engines.
You
must
conduct
these
verification
tests
using
the
test
cycle
specified
in
the
standardsetting
part,
unless
we
approve
a
different
test
cycle.
(
1)
A
system
must
meet
the
following
conditions
to
be
considered
sufficiently
accurate:
(
i)
The
correlation
coefficient
(
r)
for
a
least­
squares
linear
fit
that
includes
the
origin
must
be
0.95
or
higher.
(
ii)
The
average
ratio
(
for
all
tests)
of
the
emission
rate
from
the
in­
use
system
divided
by
the
emission
rate
from
the
dynamometer
procedure
must
be
0.97
to
1.05.
(
2)
For
a
system
to
be
considered
sufficiently
precise,
the
average
coefficient
of
variance
for
all
engines
must
be
5
percent
or
less
for
each
pollutant.

Note:
Increasing
the
length
of
the
sampling
period
may
be
an
effective
way
to
improve
precision.

(
b)
Measurement
systems
that
conform
to
the
provisions
of
§
§
1065.915
through
1065.950
are
considered
to
be
in
compliance
with
the
accuracy
and
precision
requirements
of
paragraph
(
a)
of
this
section.

§
1065.915
Equipment
specifications
for
SI
engines.
This
section
describes
equipment
you
may
use
to
measure
in­
use
emissions.
You
may
use
other
equipment
and
measurement
systems
that
conform
to
the
requirements
of
§
§
1065.905
and
1065.910.
(
a)
The
primary
components
of
the
inuse
measurement
system
are
a
mass
air
flow
sensor,
a
portable
FID,
a
zirconia­

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November
8,
2002
/
Rules
and
Regulations
based
NOX
sensor,
a
zirconia­
based
air/
fuel
ratio
sensor,
and
a
portable
NDIR
analyzer.
(
1)
The
mass
air
flow
sensor
must
meet
the
requirements
of
§
1065.930.
(
2)
The
portable
FID
must
meet
the
requirements
of
§
1065.935.
(
3)
The
NOX
and
air/
fuel
sensors
must
meet
the
requirements
of
§
1065.940
(
4)
The
NDIR
analyzer
must
meet
the
requirements
of
§
1065.945.
(
b)
You
must
measure
the
following
parameters
continuously
at
a
rate
of
3
Hz
or
higher
and
store
the
data
electronically:
(
1)
THC,
NOX,
CO
concentrations.
(
2)
Mass
air­
fuel
ratio.
(
3)
Intake
air
flow
rate.
(
4)
Engine
speed.
(
5)
Parameters
used
to
calculate
torque.
(
c)
You
must
minimize
sample
line
length
for
any
analyzers
that
require
a
physical
sample
be
drawn
from
the
exhaust
to
the
analyzer
(
i.
e.,
THC
and
CO
analyzers).
You
must
draw
these
samples
at
a
constant
flow
rate.
In
no
case
may
you
use
any
combination
of
sample
line
length
and
sample
flow
rate
that
would
require
more
than
10
seconds
for
the
analyzer
to
reach
90
percent
of
its
final
response
after
a
step
change
to
the
input
concentration
at
the
opening
of
the
sample
probe.
For
residence
time
delays
between
1
and
10
seconds,
you
must
correct
the
measurements
to
be
consistent
with
the
data
for
engine
speed,
torque,
and
air
intake.
You
may
also
correct
other
measurements
with
less
than
delays
less
than
1
second.
(
d)
You
may
insert
the
sample
probes
and
sensors
into
the
exhaust
pipe,
or
mount
them
in
an
exhaust
extension
that
is
connected
to
the
exhaust
pipe
with
negligible
leaking.
Place
the
sample
probes
and
sensors
close
enough
to
the
center
line
of
the
exhaust
pipe
to
minimize
boundary
layer
effects
from
the
wall.

§
1065.920
Equipment
setup
and
test
run
for
SI
engines.

This
section
describes
how
to
set
up
the
equipment
specified
in
§
1065.915,
and
how
to
use
it
to
measure
in­
use
emissions
from
SI
engines.
(
a)
Inspect
the
vehicle
or
equipment
to
determine
whether
it
meets
any
applicable
requirements
of
the
standardsetting
part.
This
may
include
requirements
related
to
model
year,
accumulated
hours
of
operation,
fuel
specifications,
maintenance
history,
engine
temperatures,
etc.
(
b)
Perform
calibrations
as
specified
in
this
subpart.
In
the
field,
this
generally
will
require
only
zeroing
and
spanning
the
instruments.
However,
each
instrument
must
have
been
fully
calibrated
according
to
the
instrument
manufacturer's
specifications.
Nonlinear
calibrations
generated
previously
from
the
full
calibration
may
be
used
after
zeroing
and
spanning
the
instruments.
Spanning
can
be
performed
using
a
single
gas
bottle,
consistent
with
good
engineering
practice,
and
provided
that
stability
of
the
span
mixture
has
been
demonstrated.
(
c)
Connect
the
data
recorder
(
with
any
necessary
signal
interpreters
or
converters)
to
the
engine's
electronic
control
module.
(
d)
Disconnect
the
air
intake
system,
as
necessary,
to
attach
the
mass
air
flow
sensor.
Reconnect
the
system
after
attaching
the
mass
air
flow
sensor.
(
e)
Attach
the
sample
extension
to
the
exhaust
outlet.
(
f)
Turn
on
instruments
and
allow
them
to
warm
up
as
necessary.
(
g)
Begin
sampling.
You
do
not
need
to
begin
recording
the
data
at
this
point.
(
h)
Begin
operating
the
vehicle
or
equipment
in
a
normal
manner.

Note:
We
may
require
you
to
operate
the
vehicle
or
equipment
in
a
specific
manner.

(
i)
Begin
recording
engine
speed,
engine
torque
(
or
surrogate),
intake
air
flow,
emissions
data
(
THC,
NOX,
CO,
air/
fuel
ratio),
and
time.
This
time
marks
the
beginning
of
the
sampling
period.
(
j)
Continue
recording
data
and
operating
the
vehicle
or
equipment
in
a
normal
manner
until
the
end
of
the
sampling
period.
The
length
of
the
sampling
period
is
based
on
good
engineering
practice,
the
precision
requirements
of
§
1065.910,
and
applicable
limits
in
the
standard­
setting
part.
(
k)
You
may
measure
background
concentrations
and
correct
measured
emission
values
accordingly.
However,
if
any
background
corrections
are
equivalent
to
5
percent
or
more
of
the
maximum
emissions
allowed
by
the
applicable
standard,
the
test
shall
be
voided
and
repeated
in
an
environment
with
lower
background
concentrations.

§
1065.925
Calculations.
(
a)
[
Reserved]
(
b)
Convert
emission
analyzer
data
to
instantaneous
concentrations
in
ppm
(
ppmC
for
the
FID).
(
c)
Calculate
instantaneous
exhaust
volumetric
flow
rates
in
standard
m3/
hr
(
volume
and
density
values
used
in
these
calculations
are
corrected
to
standard
conditions
of
20
°
C
and
101.3
kPa.).
Calculate
exhaust
volumetric
flow
rate
from
the
following
equation:
Exhaust
volumetric
flow
rate
=
(
intake
air
mass
flow
rate)(
1+
mass
fuel/
air
ratio)/(
density
of
exhaust)
(
1)
If
you
do
not
know
the
instantaneous
density
of
the
exhaust,
use
the
minimum
density
of
the
exhaust
that
occurs
over
the
course
of
the
test,
corrected
to
standard
conditions.
(
2)
For
gasoline­
fueled
engines
designed
to
be
operated
at
stoichiometric
fuel/
air
ratios,
you
may
assume
that
the
density
of
the
exhaust
is
1202
g/
m3
at
standard
conditions
of
20
°
C
and
101.3
kPa.
(
3)
For
LPG­
fueled
engines
designed
to
be
operated
at
stoichiometric
fuel/
air
ratios,
you
may
assume
that
the
density
of
the
exhaust
is
1175
g/
m3
at
standard
conditions
of
20
°
C
and
101.3
kPa.
(
4)
For
CNG­
fueled
engines
designed
to
be
operated
at
stoichiometric
fuel/
air
ratios,
you
may
assume
that
the
density
of
the
exhaust
is
1149
g/
m3
at
standard
conditions
of
20
°
C
and
101.3
kPa.
(
d)
Calculate
instantaneous
emission
rates
(
g/
hr)
using
the
following
general
equation:
Emission
rate
=
(
exhaust
volumetric
flow
rate)(
ppm)(
density
factor)/
106
Where:
Density
factors
are
576.8
g/
m3
for
THC,
1913
g/
m3
for
NOX,
1164
g/
m3
for
CO.
(
e)
Integrate
instantaneous
emission
rates
for
the
entire
specified
sample
period.
(
f)
Determine
instantaneous
brake
torque
and
speed.
(
g)
Calculate
instantaneous
brake
power.
(
h)
Integrate
instantaneous
brake
power
for
the
entire
specified
sample
period.
(
i)
Divide
the
integrated
emission
rates
by
the
integrated
brake
power.
These
are
your
final
brake­
specific
emission
rates.

§
1065.930
Specifications
for
mass
air
flow
sensors.

(
a)
Measure
the
intake
air
flow
using
the
engine's
mass
air
flow
sensor.
If
the
engine
is
not
equipped
with
a
mass
air
flow
sensor,
you
need
to
install
one.
(
b)
The
sensor
design
must
have
an
accuracy
and
precision
of
±
5
percent
under
steady­
state
laboratory
conditions.
(
c)
The
sensor
must
reach
at
least
90
percent
of
its
final
response
within
0.3
seconds
after
any
step
change
to
the
flow
rate
greater
than
or
equal
80
percent
of
full
scale.
(
d)
Calibrate
the
sensor
according
to
good
engineering
practice.
Verify
for
each
engine
before
testing
that
the
sensor
accurately
reads
the
idle
intake
air
flow
rate
based
on
measured
manifold
temperature
(
TM)
and
pressure
PM).
Use
the
following
equation:

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Rules
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Regulations
Intake
air
flow
=
(
displacement)(
rpm)(
volumetric
efficiency)(
PM/
101.3
kPa)(
293.15
K/
TM)

§
1065.935
Specifications
for
THC
analyzers.
(
a)
Use
a
flame
ionization
detector
(
FID).
(
b)
The
analyzer
must
have
an
accuracy
and
precision
of
±
2
percent
of
point
or
better
under
steady­
state
laboratory
conditions.
(
c)
The
analyzer
must
reach
at
least
90
percent
of
its
final
response
within
1.0
second
after
any
step
change
to
the
input
concentration
greater
than
or
equal
80
percent
of
full
scale.
(
d)
Zero
and
span
the
analyzer
daily
during
testing.
Calibrate
it
according
to
the
analyzer
manufacturer's
specifications.

§
1065.940
Specifications
for
NOX
and
air/
fuel
sensors.
(
a)
Use
stabilized
zirconia­
based
sensors.
(
b)
The
sensors
must
have
an
accuracy
and
precision
of
±
2
percent
of
point
or
better
under
steady­
state
laboratory
conditions.
(
c)
The
sensors
must
reach
at
least
90
percent
of
its
final
response
within
1.0
second
after
any
step
change
to
the
input
concentration
greater
than
or
equal
80
percent
of
full
scale.
(
d)
The
sensors
must
be
zeroed
and
spanned
daily
during
testing,
and
must
be
calibrated
according
to
the
sensor
manufacturer's
specifications.

§
1065.945
Specifications
for
CO
analyzers.
(
a)
Use
a
non­
dispersive
infrared
(
NDIR)
detector
that
is
compensated
for
CO2
and
water
interference.
(
b)
The
analyzer
must
have
an
accuracy
and
precision
of
±
2
percent
of
point
or
better
under
steady­
state
laboratory
conditions.
(
c)
The
analyzer
must
reach
at
least
90
percent
of
its
final
response
within
5.0
second
after
any
step
change
to
the
input
concentration
greater
than
or
equal
80
percent
of
full
scale.
(
d)
The
analyzer
must
be
zeroed
and
spanned
daily
during
testing,
and
must
be
calibrated
according
to
the
analyzer
manufacturer's
specifications.

§
1065.950
Specifications
for
speed
and
torque
measurement.
(
a)
Determine
torque
from
a
previously
determined
relationship
of
torque
and
engine
speed,
throttle
position,
and/
or
manifold
absolute
pressure.
Torque
estimates
must
be
between
85
percent
and
105
percent
of
the
true
value.
You
can
demonstrate
compliance
with
this
accuracy
requirement
using
steady­
state
laboratory
data.
(
b)
Measure
speed
from
the
engine's
electronic
control
module.
Speed
estimates
must
be
within
±
5
rpm
of
the
true
value.

Subpart
K
 
Definitions
and
Other
Reference
Information
§
1065.1001
Definitions.

The
following
definitions
apply
to
this
part.
The
definitions
apply
to
all
subparts
unless
we
note
otherwise.
All
undefined
terms
have
the
meaning
the
Act
gives
to
them.
The
definitions
follow:
Accuracy
means
the
maximum
difference
between
a
measured
or
calculated
value
and
the
true
value,
where
the
true
value
is
determined
by
NIST.
Act
means
the
Clean
Air
Act,
as
amended,
42
U.
S.
C.
7401
et
seq.
Adjustable
parameter
means
any
device,
system,
or
element
of
design
that
someone
can
adjust
(
including
those
which
are
difficult
to
access)
and
that,
if
adjusted,
may
affect
emissions
or
engine
performance
during
emission
testing
or
normal
in­
use
operation.
Aftertreatment
means
relating
to
any
system,
component,
or
technology
mounted
downstream
of
the
exhaust
valve
or
exhaust
port
whose
design
function
is
to
reduce
exhaust
emissions.
Auxiliary
emission­
control
device
means
any
element
of
design
that
senses
temperature,
engine
speed,
motive
speed,
transmission
gear,
atmospheric
pressure,
manifold
pressure
or
vacuum,
or
any
other
parameter
to
activate,
modulate,
delay,
or
deactivate
the
operation
of
any
part
of
the
emissioncontrol
system.
This
also
includes
any
other
feature
that
causes
in­
use
emissions
to
be
higher
than
those
measured
under
test
conditions,
except
as
we
allow
under
this
part.
Brake
power
has
the
meaning
given
in
the
standard­
setting
part.
If
it
is
not
defined
in
the
standard­
setting
part,
brake
power
means
the
usable
power
output
of
the
engine
not
including
power
required
to
operate
fuel
pumps,
oil
pumps,
or
coolant
pumps.
Calibration
means
the
set
of
specifications
and
tolerances
specific
to
a
particular
design,
version,
or
application
of
a
component
or
assembly
capable
of
functionally
describing
its
operation
over
its
working
range.
Certification
means
obtaining
a
certificate
of
conformity
for
an
engine
family
that
complies
with
the
emission
standards
and
requirements
in
this
part.
Compression­
ignition
means
relating
to
a
type
of
reciprocating,
internalcombustion
engine
that
is
not
a
sparkignition
engine.
Constant­
speed
engine
means
an
engine
governed
to
operate
only
at
its
rated
speed.
Designated
Officer
means
the
Manager,
Engine
Programs
Group
(
6405
 
J),
U.
S.
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
Washington,
DC
20460.
Emission­
control
system
means
any
device,
system,
or
element
of
design
that
controls
or
reduces
the
regulated
emissions
from
an
engine.
Emission­
data
engine
means
an
engine
that
is
tested
for
certification.
Emission­
related
maintenance
means
maintenance
that
substantially
affects
emissions
or
is
likely
to
substantially
affect
emissions
deterioration.
Engine
means
an
engine
to
which
this
part
applies.
Engine­
based
means
having
emission
standards
related
to
measurements
using
an
engine
dynamometer,
in
units
of
grams
of
pollutant
per
kilowatt­
hour.
Engine
family
means
a
group
of
engines
with
similar
emission
characteristics,
as
specified
in
the
standard­
setting
part.
Equipment­
based
or
vehicle­
based
means
relating
to
programs
that
require
that
a
piece
of
equipment
of
vehicle
be
certified,
rather
than
only
the
engine.
Fuel
system
means
all
components
involved
in
transporting,
metering,
and
mixing
the
fuel
from
the
fuel
tank
to
the
combustion
chamber(
s),
including
the
fuel
tank,
fuel
tank
cap,
fuel
pump,
fuel
filters,
fuel
lines,
carburetor
or
fuelinjection
components,
and
all
fuelsystem
vents.
Fuel
type
means
a
general
category
of
fuels
such
as
gasoline
or
LPG.
There
can
be
multiple
grades
within
a
single
type
of
fuel,
such
as
summer­
grade
gasoline
and
winter­
grade
gasoline.
Good
engineering
judgment
has
the
meaning
we
give
it
in
§
1068.5
of
this
chapter.
Identification
number
means
a
unique
specification
(
for
example,
model
number/
serial
number
combination)
that
allows
someone
to
distinguish
a
particular
engine
from
other
similar
engines.
Idle
speed
means
the
lowest
engine
speed
with
zero
load.

Note:
Warm
idle
speed
is
the
idle
speed
of
a
warmed­
up
engine.

Manufacturer
has
the
meaning
given
in
section
216(
1)
of
the
Act.
In
general,
this
term
includes
any
person
who
manufactures
an
engine
for
sale
in
the
United
States
or
otherwise
introduces
a
new
engine
into
commerce
in
the
United
States.
This
includes
importers
that
import
engines
for
resale.
Maximum
test
torque
means:

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Vol.
67,
No.
217
/
Friday,
November
8,
2002
/
Rules
and
Regulations
(
1)
For
throttled
engines,
the
torque
output
observed
at
wide­
open
throttle
at
a
given
speed.
(
2)
For
non­
throttled
engines,
the
torque
output
observed
with
the
maximum
fueling
rate
possible
at
a
given
speed.
Nonmethane
hydrocarbons
means
the
sum
of
all
hydrocarbon
species
measured
by
a
FID
except
methane,
expressed
with
an
assumed
mass
13.876
grams
per
mole
of
carbon
atoms.
Nonroad
means
relating
to
nonroad
engines.
Nonroad
engine
has
the
meaning
given
in
§
89.2
of
this
chapter.
In
general
this
means
all
internal
combustion
engines
except
motor
vehicle
engines,
stationary
engines,
or
engines
used
solely
for
competition.
Oxides
of
nitrogen
means
compounds
containing
only
nitrogen
and
oxygen.
Oxides
of
nitrogen
are
expressed
quantitatively
as
if
the
NO
is
in
the
form
of
NO2
(
assume
a
molecular
weight
for
all
oxides
of
nitrogen
equivalent
to
that
of
NO2).
This
correction
is
included
in
the
equations
specified
for
calculating
NOX
emissions.
Oxygenated
fuel
means
a
fuel
that
is
comprised
of
oxygen­
containing
compound,
such
as
ethanol
or
methanol.
Generally,
testing
engines
that
use
oxygenated
fuels
requires
the
use
of
the
sampling
methods
in
subpart
I
of
this
part.
However,
you
should
read
the
standard­
setting
part
and
subpart
I
of
this
part
to
determine
which
sampling
methods
to
use.
Precision
means
two
times
the
coefficient
of
variance
of
multiple
measurements,
except
where
specified
otherwise.
Revoking
a
certificate
of
conformity
means
discontinuing
the
certificate
for
an
engine
family.
If
we
revoke
a
certificate,
you
must
apply
for
a
new
certificate
before
continuing
to
introduce
into
commerce
the
affected
engines.
This
does
not
apply
to
engines
you
no
longer
possess.
Scheduled
maintenance
means
maintenance
(
i.
e.,
adjusting,
repairing,
removing,
disassembling,
cleaning,
or
replacing
components
or
systems)
that
is
periodically
needed
to
keep
a
part
from
failing
or
malfunctioning.
It
also
may
mean
actions
you
expect
are
necessary
to
correct
an
overt
indication
of
failure
or
malfunction
for
which
periodic
maintenance
is
not
appropriate.
Span
means
to
adjust
an
instrument
so
that
it
gives
a
proper
response
to
a
calibration
standard
that
represents
between
75
and
100
percent
of
the
maximum
value
in
the
instrument
range
(
e.
g.
a
span
gas).
Spark­
ignition
means
relating
to
a
gasoline­
fueled
engine
or
other
engines
with
a
spark
plug
(
or
other
sparking
device)
and
with
operating
characteristics
significantly
similar
to
the
theoretical
Otto
combustion
cycle.
Spark­
ignition
engines
usually
use
a
throttle
to
regulate
intake
air
flow
to
control
power
during
normal
operation.
Standard­
setting
part
means
the
part
in
the
Code
of
Federal
Regulations
that
defines
emission
standards
for
a
particular
engine
(
see
§
1065.1(
a)).
Stoichiometry
means
the
proportion
of
a
mixture
of
air
and
fuel
such
that
the
fuel
is
fully
oxidized
with
no
remaining
oxygen.
For
example,
stoichiometric
combustion
in
gasoline
engines
typically
occurs
at
an
air­
fuel
mass
ratio
of
about
14.7.
Suspending
a
certificate
of
conformity
means
temporarily
discontinuing
the
certificate
for
an
engine
family.
If
we
suspend
a
certificate,
you
may
not
sell
engines
from
that
engine
family
unless
we
reinstate
the
certificate
or
approve
a
new
one.
Test
engine
means
an
engine
in
a
test
sample.
Test
sample
means
the
collection
of
engines
selected
from
the
population
of
an
engine
family
for
emission
testing.
Total
Hydrocarbon
(
THC)
means
the
sum
of
all
hydrocarbon
species
measured
by
an
FID,
expressed
with
an
assumed
mass
13.876
grams
per
mole
of
carbon
atoms.
Total
Hydrocarbon
Equivalent
means
the
sum
of
the
carbon
mass
contributions
of
non­
oxygenated
hydrocarbons,
alcohols
and
aldehydes,
or
other
organic
compounds
that
are
measured
separately
as
contained
in
a
gas
sample,
expressed
as
petroleumfueled
engine
hydrocarbons.
The
hydrogen­
to­
carbon
ratio
of
the
equivalent
hydrocarbon
is
1.85:
1.
United
States
means
the
States,
the
District
of
Columbia,
the
Commonwealth
of
Puerto
Rico,
the
Commonwealth
of
the
Northern
Mariana
Islands,
Guam,
American
Samoa,
the
U.
S.
Virgin
Islands,
and
the
Trust
Territory
of
the
Pacific
Islands.
Wide­
open
throttle
means
maximum
throttle
opening
for
throttled
engines.
Unless
this
is
specified
at
a
given
speed,
it
refers
to
maximum
throttle
opening
at
maximum
speed.
For
electronically
controlled
or
other
engines
with
multiple
possible
fueling
rates,
wideopen
throttle
also
means
the
maximum
fueling
rate
at
maximum
throttle
opening
under
test
conditions.
Zero
means
to
adjust
an
instrument
so
that
it
gives
a
proper
response
to
a
blank
calibration
standard
(
e.
g.
zero­
grade
air).
§
1065.1005
Symbols,
acronyms,
and
abbreviations.
The
following
symbols,
acronyms,
and
abbreviations
apply
to
this
part:
°
degrees.
 
inches.
ASTM
American
Society
for
Testing
and
Materials.
C
Celsius.
cc
cubic
centimeters.
CFR
Code
of
Federal
Regulations.
CFV
critical­
flow
venturi.
CI
compression­
ignition.
CLD
chemiluminescent
detector.
CO
carbon
monoxide.
CO2
carbon
dioxide.
CVS
constant­
volume
sampler.
DF
deterioration
factor.
F
Fahrenheit.
EFC
electronic
flow
control.
EPA
Environmental
Protection
Agency.
ft
feet.
FID
flame
ionization
detector.
g/
kW­
hr
grams
per
kilowatt­
hour.
g/
liter
grams
per
liter.
g/
m3
grams
per
cubic
meter.
Hz
hertz.
IBP
initial
boiling
point.
ISO
International
Organization
for
Standardization.
kPa
kilopascal.
lbs.
pounds.
LPG
liquefied
petroleum
gas.
m
meters.
ml
milliliters.
mm
Hg
millimeters
of
mercury.
NDIR
nondispersive
infrared.
NIST
National
Institute
for
Standards
and
Testing.
NMHC
nonmethane
hydrocarbons.
NMHCE
nonmethane
hydrocarbon
equivalent.
NO
nitric
oxide.
NO2
nitrogen
dioxide.
NOX
oxides
of
nitrogen
(
NO
and
NO2).
O2
oxygen.
PDP
positive­
displacement
pump.
ppm
parts
per
million.
ppmC
parts
per
million
carbon.
RMS
root­
mean
square.
rpm
revolutions
per
minute.
sec
seconds.
SI
spark­
ignition.
THC
total
hydrocarbon.
THCE
total
hydrocarbon
equivalent.
U.
S.
C.
United
States
Code.

§
1065.1010
Reference
materials.
We
have
incorporated
by
reference
the
documents
listed
in
this
section.
The
Director
of
the
Federal
Register
approved
the
incorporation
by
reference
as
prescribed
in
5
U.
S.
C.
552(
a)
and
1
CFR
part
51.
Anyone
may
inspect
copies
at
the
U.
S.
EPA,
Air
and
Radiation
Docket
and
Information
Center,
1301
Constitution
Ave.,
NW.,
Room
B102,
EPA
West
Building,
Washington,
DC
20460
or
the
Office
of
the
Federal
Register,
800
N.
Capitol
St.,
NW.,
7th
Floor,
Suite
700,
Washington,
DC.
(
a)
ASTM
material.
Table
1
of
§
1065.1010
lists
material
from
the
American
Society
for
Testing
and
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Rules
and
Regulations
Materials
that
we
have
incorporated
by
reference.
The
first
column
lists
the
number
and
name
of
the
material.
The
second
column
lists
the
sections
of
this
part
where
we
reference
it.
Anyone
may
purchase
copies
of
these
materials
from
the
American
Society
for
Testing
and
Materials,
100
Barr
Harbor
Dr.,
West
Conshohocken,
PA
19428.
Table
1
follows:

TABLE
1
OF
§
1065.1010.
 
ASTM
MATERIALS
Document
number
and
name
Part
1065
reference
ASTM
D
86
 
01,
Standard
Test
Method
for
Distillation
of
Petroleum
Products
at
Atmospheric
Pressure
.........................................
1065.210
ASTM
D
323
 
99a,
Standard
Test
Method
for
Vapor
Pressure
of
Petroleum
Products
(
Reid
Method)
.............................................
1065.210
ASTM
D
1266
 
98,
Standard
Test
Method
for
Sulfur
in
Petroleum
Products
(
Lamp
Method)
...........................................................
1065.210
ASTM
D
1319
 
02,
Standard
Test
Method
for
Hydrocarbon
Types
in
Liquid
Petroleum
Products
by
Fluorescent
Indicator
Adsorption
.............................................................................................................................................................................................
1065.210
ASTM
D
1267
 
02,
Standard
Test
Method
for
Gage
Vapor
Pressure
of
Liquefied
Petroleum
(
LP)
Gases
(
LP­
Gas
Method)
..........
1065.220
ASTM
D
1837
 
02,
Standard
Test
Method
for
Volatility
of
Liquefied
Petroleum
(
LP)
Gases
.............................................................
1065.220
ASTM
D
1838
 
91
(
Reapproved
2001),
Standard
Test
Method
for
Copper
Strip
Corrosion
by
Liquefied
Petroleum
(
LP)
Gases
....
1065.220
ASTM
D
1945
 
96
(
Reapproved
2001),
Standard
Test
Method
for
Analysis
of
Natural
Gas
by
Gas
Chromatography
....................
1065.215
ASTM
D
2158
 
02,
Standard
Test
Method
for
Residues
in
Liquefied
Petroleum
(
LP)
Gases
...........................................................
1065.220
ASTM
D
2163
 
91
(
Reapproved
1996),
Standard
Test
Method
for
Analysis
of
Liquefied
Petroleum
(
LP)
Gases
and
Propene
Concentrates
by
Gas
Chromatography
...........................................................................................................................................
1065.220
ASTM
D
2598
 
02,
Standard
Practice
for
Calculation
of
Certain
Physical
Properties
of
Liquefied
Petroleum
(
LP)
Gases
from
Compositional
Analysis
....................................................................................................................................................................
1065.220
ASTM
D
2713
 
91
(
Reapproved
2001),
Standard
Test
Method
for
Dryness
of
Propane
(
Valve
Freeze
Method)
............................
1065.220
ASTM
D
2784
 
98,
Standard
Test
Method
for
Sulfur
in
Liquefied
Petroleum
Gases
(
Oxy­
Hydrogen
Burner
or
Lamp)
...................
1065.220
ASTM
D
3231
 
02,
Standard
Test
Method
for
Phosphorus
in
Gasoline
.............................................................................................
1065.210
ASTM
D
3237
 
97,
Standard
Test
Method
for
Lead
in
Gasoline
By
Atomic
Absorption
Spectroscopy
.............................................
1065.210
(
b)
ISO
material.
Table
2
of
§
1065.1010
lists
material
from
the
International
Organization
for
Standardization
that
we
have
incorporated
by
reference.
The
first
column
lists
the
number
and
name
of
the
material.
The
second
column
lists
the
section
of
this
part
where
we
reference
it.
Anyone
may
purchase
copies
of
these
materials
from
the
International
Organization
for
Standardization,
Case
Postale
56,
CH
 
1211
Geneva
20,
Switzerland.
Table
2
follows:

TABLE
2
OF
§
1065.1010.
 
ISO
MATERIALS
Document
number
and
name
Part
1065
reference
ISO
8178
 
1,
Reciprocating
internal
combustion
engines
 
Exhaust
emission
measurement
 
Part
1:
Testbed
measurement
of
gaseous
and
particulate
exhaust
emissions,
1996.
1065.130,
1065.135,
1065.140,
1065.155.

§
1065.1015
Confidential
information.

(
a)
Clearly
show
what
you
consider
confidential
by
marking,
circling,
bracketing,
stamping,
or
some
other
method.
We
will
store
your
confidential
information
as
described
in
40
CFR
part
2.
Also,
we
will
disclose
it
only
as
specified
in
40
CFR
part
2.
(
b)
If
you
send
us
a
second
copy
without
the
confidential
information,
we
will
assume
it
contains
nothing
confidential
whenever
we
need
to
release
information
from
it.
(
c)
If
you
send
us
information
without
claiming
it
is
confidential,
we
may
make
it
available
to
the
public
without
further
notice
to
you,
as
described
in
§
2.204
of
this
chapter.

PART
1068
 
GENERAL
COMPLIANCE
PROVISIONS
FOR
NONROAD
PROGRAMS
Subpart
A
 
Applicability
and
Miscellaneous
Provisions
Sec.
1068.1
Does
this
part
apply
to
me?
1068.5
How
must
manufacturers
apply
good
engineering
judgment?
1068.10
How
do
I
request
EPA
to
keep
my
information
confidential
1068.15
Who
is
authorized
to
represent
the
Agency?
1068.20
May
EPA
enter
my
facilities
for
inspections?
1068.25
What
information
must
I
give
to
EPA?
1068.30
What
definitions
apply
to
this
part?
1068.35
What
symbols,
acronyms,
and
abbreviations
does
this
part
use?

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/
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8,
2002
/
Rules
and
Regulations
Subpart
B
 
Prohibited
Actions
and
Related
Requirements
1068.101
What
general
actions
does
this
regulation
prohibit?
1068.105
What
other
provisions
apply
to
me
specifically
if
I
manufacture
equipment
needing
certified
engines?
1068.110
What
other
provisions
apply
to
engines
in
service?
1068.115
When
must
manufacturers
honor
emission­
related
warranty
claims?
1068.120
What
requirements
must
I
follow
to
rebuild
engines?
1068.125
What
happens
if
I
violate
the
regulations?

Subpart
C
 
Exemptions
and
Exclusions
1068.201
Does
EPA
exempt
or
exclude
any
engines
from
the
prohibited
acts?
1068.210
What
are
the
provisions
for
exempting
test
engines?
1068.215
What
are
the
provisions
for
exempting
manufacturer­
owned
engines?
1068.220
What
are
the
provisions
for
exempting
display
engines?
1068.225
What
are
the
provisions
for
exempting
engines
for
national
security?
1068.230
What
are
the
provisions
for
exempting
engines
for
export?
1068.235
What
are
the
provisions
for
exempting
engines
used
solely
for
competition?
1068.240
What
are
the
provisions
for
exempting
new
replacement
engines?
1068.245
What
temporary
provisions
address
hardship
due
to
unusual
circumstances?
1068.250
What
are
the
provisions
for
extending
compliance
deadlines
for
small­
volume
manufacturers
under
hardship?
1068.255
What
are
the
provisions
for
exempting
engines
for
hardship
for
equipment
manufacturers
and
secondary
engine
manufacturers?

Subpart
D
 
Imports
1068.301
Does
this
subpart
apply
to
me?
1068.305
How
do
I
get
an
exemption
or
exclusion
for
imported
engines?
1068.310
What
are
the
exclusions
for
imported
engines?
1068.315
What
are
the
permanent
exemptions
for
imported
engines?
1068.320
How
must
I
label
an
imported
engine
with
a
permanent
exemption?
1068.325
What
are
the
temporary
exemptions
for
imported
engines?
1068.330
How
do
I
import
engines
to
modify
for
other
applications?
1068.335
What
are
the
penalties
for
violations?

Subpart
E
 
Selective
Enforcement
Auditing
11068.401
What
is
a
selective
enforcement
audit?
1068.405
What
is
in
a
test
order?
1068.410
How
must
I
select
and
prepare
my
engines?
1068.415
How
do
I
test
my
engines?
1068.420
How
do
I
know
when
my
engine
family
fails
an
SEA?
1068.425
What
happens
if
one
of
my
production­
line
engines
exceeds
the
emission
standards?
1068.430
What
happens
if
an
engine
family
fails
an
SEA?
1068.435
May
I
sell
engines
from
an
engine
family
with
a
suspended
certificate
of
conformity?
1068.440
How
do
I
ask
EPA
to
reinstate
my
suspended
certificate?
1068.445
When
may
EPA
revoke
my
certificate
under
this
subpart
and
how
may
I
sell
these
engines
again?
1068.450
What
records
must
I
send
to
EPA?
1068.455
What
records
must
I
keep?
Appendix
A
to
Subpart
E
of
Part
1068­
Plans
for
Selective
Enforcement
Auditing
Subpart
F
 
Reporting
Defects
and
Recalling
Engines
1068.501
How
do
I
report
engine
defects?
1068.505
How
does
the
recall
program
work?
1068.510
How
do
I
prepare
and
apply
my
remedial
plan?
1068.515
How
do
I
mark
or
label
repaired
engines?
1068.520
How
do
I
notify
affected
owners?
1068.525
What
records
must
I
send
to
EPA?
1068.530
What
records
must
I
keep?
1068.535
How
can
I
do
a
voluntary
recall
for
emission­
related
problems?
1068.540
What
terms
do
I
need
to
know
for
this
subpart?

Subpart
G
 
Hearings
1068.601
What
are
the
procedures
for
hearings?
Appendix
I
to
Part
1068
 
Emission­
Related
Components
Appendix
II
to
Part
1068
 
Emission­
Related
Parameters
and
Specifications
Authority:
42
U.
S.
C.
7401
 
7671(
q).

Subpart
A
 
Applicability
and
Miscellaneous
Provisions
§
1068.1
Does
this
part
apply
to
me?
(
a)
The
provisions
of
this
part
apply
to
everyone
with
respect
to
the
following
engines
or
to
equipment
using
the
following
engines
(
including
owners,
operators,
parts
manufacturers,
and
persons
performing
maintenance):
(
1)
Large
nonroad
spark­
ignition
engines
we
regulate
under
40
CFR
part
1048.
(
2)
Recreational
SI
engines
and
vehicles
that
we
regulate
under
40
CFR
part
1051
(
such
as
snowmobiles
and
offhighway
motorcycles).
(
b)
This
part
does
not
apply
to
any
of
the
following
engine
or
vehicle
categories:
(
1)
Light­
duty
motor
vehicles
(
see
40
CFR
part
86).
(
2)
Heavy­
duty
motor
vehicles
and
motor
vehicle
engines
(
see
40
CFR
part
86).
(
3)
Aircraft
engines
(
see
40
CFR
part
87).
(
4)
Locomotive
engines
(
see
40
CFR
part
92).
(
5)
Land­
based
nonroad
diesel
engines
(
see
40
CFR
part
89).
(
6)
Marine
diesel
engines
(
see
40
CFR
parts
89
and
94)
(
7)
Marine
outboard
and
personal
watercraft
engines
(
see
40
CFR
part
91).
(
8)
Small
nonroad
spark­
ignition
engines
(
see
40
CFR
part
90).
(
c)
For
equipment
subject
to
this
part
and
regulated
under
equipment­
based
standards,
interpret
the
term
``
engine''
in
this
part
to
include
equipment
(
see
§
1068.30).
(
d)
Paragraph
(
a)(
1)
of
this
section
identifies
the
parts
of
the
CFR
that
define
emission
standards
and
other
requirements
for
particular
types
of
engines
and
vehicles.
This
part
1068
refers
to
each
these
other
parts
generically
as
the
``
standard­
setting
part.''
For
example,
40
CFR
part
1051
is
always
the
standard­
setting
part
for
snowmobiles.
Follow
the
provisions
of
the
standard­
setting
part
if
they
are
different
than
any
of
the
provisions
in
this
part.

§
1068.5
How
must
manufacturers
apply
good
engineering
judgment?

(
a)
You
must
use
good
engineering
judgment
for
decisions
related
to
any
requirements
under
this
chapter.
This
includes
your
applications
for
certification,
any
testing
you
do
to
show
that
your
production­
line
or
in­
use
engines
comply
with
requirements
that
apply
to
them,
and
how
you
select,
categorize,
determine,
and
apply
these
requirements.
(
b)
If
we
send
you
a
written
request,
you
must
give
us
a
written
description
of
the
engineering
judgment
in
question.
Respond
within
15
working
days
of
receiving
our
request
unless
we
allow
more
time.
(
c)
We
may
reject
your
decision
if
it
is
not
based
on
good
engineering
judgment
or
is
otherwise
inconsistent
with
the
requirements
that
apply,
based
on
the
following
provisions:
(
1)
We
may
suspend,
revoke,
or
void
a
certificate
of
conformity
if
we
determine
you
deliberately
used
incorrect
information
or
overlooked
important
information,
that
you
did
not
decide
in
good
faith,
or
that
your
decision
was
not
rational.
(
2)
If
we
believe
a
different
decision
would
better
reflect
good
engineering
judgment,
but
none
of
the
provisions
of
paragraph
(
c)(
1)
of
this
section
apply,
we
will
tell
you
of
our
concern
(
and
its
basis).
You
will
have
30
days
to
respond
to
our
concerns,
or
more
time
if
we
agree
that
you
need
it
to
generate
more
information.
After
considering
your
information,
we
will
give
you
a
final
ruling.
If
we
conclude
that
you
did
not
use
good
engineering
judgment,
we
may
reject
your
decision
and
apply
the
new
ruling
to
similar
situations
as
soon
as
possible.
(
d)
We
will
tell
you
in
writing
of
the
conclusions
we
reach
under
paragraph
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/
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8,
2002
/
Rules
and
Regulations
(
c)
of
this
section
and
explain
our
reasons
for
them.
(
e)
If
you
disagree
with
our
conclusions,
you
may
file
a
request
for
a
hearing
with
the
Designated
Officer
as
described
in
subpart
F
of
this
part.
In
your
request,
specify
your
objections,
include
data
or
supporting
analysis,
and
get
your
authorized
representative's
signature.
If
we
agree
that
your
request
raises
a
substantial
factual
issue,
we
will
hold
the
hearing
according
to
subpart
F
of
this
part.

§
1068.10
How
do
I
request
EPA
to
keep
my
information
confidential
(
a)
Clearly
identify
any
information
you
consider
confidential
by
marking,
circling,
bracketing,
stamping,
or
some
other
method.
We
will
store
your
confidential
information
as
described
in
40
CFR
part
2.
Also,
we
will
disclose
it
only
as
specified
in
40
CFR
part
2.
This
procedure
applies
equally
to
the
Environmental
Appeals
Board.
(
b)
If
you
send
us
a
second
copy
without
the
confidential
information,
we
will
assume
it
contains
nothing
confidential
whenever
we
need
to
release
information
from
it.
(
c)
If
you
send
us
information
without
claiming
it
is
confidential,
we
may
make
it
available
to
the
public
without
further
notice
to
you,
as
described
in
§
2.204
of
this
chapter.

§
1068.15
Who
is
authorized
to
represent
the
Agency?
(
a)
The
Administrator
of
the
Environmental
Protection
Agency
or
any
official
to
whom
the
Administrator
has
delegated
specific
authority
may
represent
the
Agency.
For
more
information,
ask
for
a
copy
of
the
relevant
sections
of
the
EPA
Delegation
Manual
from
the
Designated
Officer.
(
b)
The
regulations
in
this
part
and
in
the
standard­
setting
part
have
specific
requirements
describing
how
to
get
EPA
approval
before
you
take
specific
actions.
These
regulations
also
allow
us
to
waive
some
specific
requirements.
For
provisions
or
flexibilities
that
we
address
frequently,
we
may
choose
to
provide
detailed
guidance
in
supplemental
compliance
instructions
for
manufacturers.
Such
instructions
will
generally
state
how
they
relate
to
the
need
for
pre­
approval.
Unless
we
explicitly
state
so,
you
should
not
consider
full
compliance
with
the
instructions
to
be
equivalent
to
EPA
approval.

§
1068.20
May
EPA
enter
my
facilities
for
inspections?
(
a)
We
may
inspect
your
engines,
testing,
manufacturing
processes,
engine
storage
facilities
(
including
port
facilities
for
imported
engines
or
other
relevant
facilities),
or
records,
as
authorized
by
the
Act,
to
enforce
the
provisions
of
this
chapter.
Inspectors
will
have
authorizing
credentials
and
will
limit
inspections
to
reasonable
times
 
usually,
normal
operating
hours.
(
b)
If
we
come
to
inspect,
we
may
or
may
not
have
a
warrant
or
court
order.
(
1)
If
we
do
not
have
a
warrant
or
court
order,
you
may
deny
us
entry.
(
2)
If
we
have
a
warrant
or
court
order,
you
must
allow
us
to
enter
the
facility
and
carry
out
the
activities
it
describes.
(
c)
We
may
seek
a
warrant
or
court
order
authorizing
an
inspection
described
in
this
section,
whether
or
not
we
first
tried
to
get
your
permission
to
inspect.
(
d)
We
may
select
any
facility
to
do
any
of
the
following:
(
1)
Inspect
and
monitor
any
aspect
of
engine
manufacturing,
assembly,
storage,
or
other
procedures,
and
any
facilities
where
you
do
them.
(
2)
Inspect
and
monitor
any
aspect
of
engine
test
procedures
or
test­
related
activities,
including
test
engine
selection,
preparation,
service
accumulation,
emission
duty
cycles,
and
maintenance
and
verification
of
your
test
equipment's
calibration.
(
3)
Inspect
and
copy
records
or
documents
related
to
assembling,
storing,
selecting,
and
testing
an
engine.
(
4)
Inspect
and
photograph
any
part
or
aspect
of
engines
and
components
you
use
for
assembly.
(
e)
You
must
give
us
reasonable
help
without
charge
during
an
inspection
authorized
by
the
Act.
For
example,
you
may
need
to
help
us
arrange
an
inspection
with
the
facility's
managers,
including
clerical
support,
copying,
and
translation.
You
may
also
need
to
show
us
how
the
facility
operates
and
answer
other
questions.
If
we
ask
in
writing
to
see
a
particular
employee
at
the
inspection,
you
must
ensure
that
he
or
she
is
present
(
legal
counsel
may
accompany
the
employee).
(
f)
If
you
have
facilities
in
other
countries,
we
expect
you
to
locate
them
in
places
where
local
law
does
not
keep
us
from
inspecting
as
described
in
this
section.
We
will
not
try
to
inspect
if
we
learn
that
local
law
prohibits
it,
but
we
may
suspend
your
certificate
if
we
are
not
allowed
to
inspect.

§
1068.25
What
information
must
I
give
to
EPA?
If
you
are
subject
to
the
requirements
of
this
part,
we
may
require
you
to
give
us
information
to
evaluate
your
compliance
with
any
regulations
that
apply,
as
authorized
by
the
Act.
This
includes
the
following
things:
(
a)
You
must
provide
the
information
we
require
in
this
chapter.
(
b)
You
must
establish
and
maintain
records,
perform
tests,
make
reports
and
provide
additional
information
that
we
may
reasonably
require
under
section
208
of
the
Act.
This
also
applies
to
engines
we
exempt
from
emission
standards.

§
1068.30
What
definitions
apply
to
this
part?
The
following
definitions
apply
to
this
part.
The
definitions
apply
to
all
subparts
unless
we
note
otherwise.
All
undefined
terms
have
the
meaning
the
Act
gives
to
them.
The
definitions
follow:
Act
means
the
Clean
Air
Act,
as
amended,
42
U.
S.
C.
7401
et
seq.
Aircraft
means
any
vehicle
capable
of
sustained
air
travel
above
treetop
heights.
Certificate
holder
means
a
manufacturer
(
including
importers)
with
a
valid
certificate
of
conformity
for
at
least
one
engine
family
in
a
given
calendar
year.
Designated
Officer
means
the
Manager
of
the
Engine
Programs
Group
(
6405
 
J),
U.
S.
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
Washington,
DC
20460.
Emission­
related
defect
means
a
defect
in
design,
materials
or
workmanship
(
in
an
emission
control
device
or
vehicle
component
or
system)
that
affects
an
emission­
related
component,
parameter,
or
specification
that
is
identified
in
Appendix
I
or
Appendix
II
of
this
part.
Engine
means
an
engine
to
which
this
part
applies.
For
equipment
subject
to
this
part
and
regulated
under
equipment­
based
standards,
the
term
engine
in
this
part
shall
be
interpreted
to
include
equipment.
Engine­
based
means
having
emission
standards
related
to
measurements
using
an
engine
dynamometer,
in
units
of
grams
of
pollutant
per
kilowatt­
hour.
Engine
manufacturer
means
the
manufacturer
that
is
subject
to
the
certification
requirements
of
the
standard­
setting
part.
For
vehicles/
equipment
subject
to
this
part
and
regulated
under
vehicle/
equipmentbased
standards,
the
term
engine
manufacturer
in
this
part
includes
vehicles/
equipment
manufacturers.
Equipment­
based
means
having
emission
standards
related
to
measurements
from
an
engine
installed
in
a
vehicle
using
a
chassis
dynamometer,
in
units
of
grams
of
pollutant
per
kilometer.
Equipment
manufacturer
means
any
company
producing
a
piece
of
equipment
(
such
as
a
vehicle)
for
sale
or
use
in
the
United
States.
Manufacturer
has
the
meaning
given
in
section
216(
1)
of
the
Act.
In
general,

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2002
/
Rules
and
Regulations
this
term
includes
any
person
who
manufactures
an
engine
or
vehicle
for
sale
in
the
United
States
or
otherwise
introduces
a
new
engine
or
vehicle
into
commerce
in
the
United
States.
This
includes
importers
that
import
new
engines
or
new
equipment
into
the
United
States
for
resale.
It
also
includes
secondary
engine
manufacturers.
New
has
the
meaning
we
give
it
in
the
standard­
setting
part.
Nonroad
engine
means:
(
1)
Except
as
discussed
in
paragraph
(
2)
of
this
definition,
a
nonroad
engine
is
any
internal
combustion
engine:
(
i)
In
or
on
a
piece
of
equipment
that
is
self­
propelled
or
serves
a
dual
purpose
by
both
propelling
itself
and
performing
another
function
(
such
as
garden
tractors,
off­
highway
mobile
cranes
and
bulldozers);
or
(
ii)
In
or
on
a
piece
of
equipment
that
is
intended
to
be
propelled
while
performing
its
function
(
such
as
lawnmowers
and
string
trimmers);
or
(
iii)
That,
by
itself
or
in
or
on
a
piece
of
equipment,
is
portable
or
transportable,
meaning
designed
to
be
and
capable
of
being
carried
or
moved
from
one
location
to
another.
Indicia
of
transportability
include,
but
are
not
limited
to,
wheels,
skids,
carrying
handles,
dolly,
trailer,
or
platform.
(
2)
An
internal
combustion
engine
is
not
a
nonroad
engine
if:
(
i)
The
engine
is
used
to
propel
a
motor
vehicle
or
a
vehicle
used
solely
for
competition,
or
is
subject
to
standards
promulgated
under
section
202
of
the
Act;
or
(
ii)
The
engine
is
regulated
by
a
federal
New
Source
Performance
Standard
promulgated
under
section
111
of
the
Act;
or
(
iii)
The
engine
otherwise
included
in
paragraph
(
1)(
iii)
of
this
definition
remains
or
will
remain
at
a
location
for
more
than
12
consecutive
months
or
a
shorter
period
of
time
for
an
engine
located
at
a
seasonal
source.
A
location
is
any
single
site
at
a
building,
structure,
facility,
or
installation.
Any
engine
(
or
engines)
that
replaces
an
engine
at
a
location
and
that
is
intended
to
perform
the
same
or
similar
function
as
the
engine
replaced
will
be
included
in
calculating
the
consecutive
time
period.
An
engine
located
at
a
seasonal
source
is
an
engine
that
remains
at
a
seasonal
source
during
the
full
annual
operating
period
of
the
seasonal
source.
A
seasonal
source
is
a
stationary
source
that
remains
in
a
single
location
on
a
permanent
basis
(
i.
e.,
at
least
two
years)
and
that
operates
at
that
single
location
approximately
three
months
(
or
more)
each
year.
This
paragraph
(
2)(
iii)
does
not
apply
to
an
engine
after
the
engine
is
removed
from
the
location.
Operating
hours
means:
(
1)
For
engine
storage
areas
or
facilities,
times
during
which
people
other
than
custodians
and
security
personnel
are
at
work
near,
and
can
access,
a
storage
area
or
facility.
(
2)
For
other
areas
or
facilities,
times
during
which
an
assembly
line
operates
or
any
of
the
following
activities
occurs:
(
i)
Testing,
maintenance,
or
service
accumulation.
(
ii)
Production
or
compilation
of
records.
(
iii)
Certification
testing.
(
iv)
Translation
of
designs
from
the
test
stage
to
the
production
stage.
(
v)
Engine
manufacture
or
assembly.
Piece
of
equipment
means
any
vehicle,
vessel,
locomotive,
aircraft,
or
other
type
of
equipment
using
engines
to
which
this
part
applies.
Placed
into
service
means
used
for
its
intended
purpose.
Reasonable
technical
basis
means
information
that
would
lead
a
person
familiar
with
engine
design
and
function
to
reasonably
believe
a
conclusion,
related
to
compliance
with
the
requirements
of
this
part.
For
example,
it
would
be
reasonable
to
believe
that
parts
performing
the
same
function
as
the
original
parts
(
and
to
the
same
degree)
would
control
emissions
to
the
same
degree
as
the
original
parts.
Standard­
setting
part
means
the
part
in
the
Code
of
Federal
Regulations
that
defines
emission
standards
for
a
particular
engine
(
see
§
1068.1(
a)).
For
example,
the
standard­
setting
part
for
non­
recreational
spark­
ignition
engines
over
19
kW
is
part
1048
of
this
chapter.
Ultimate
purchaser
means
the
first
person
who
in
good
faith
buys
a
new
engine
for
purposes
other
than
resale.
United
States
means
the
States,
the
District
of
Columbia,
the
Commonwealth
of
Puerto
Rico,
the
Commonwealth
of
the
Northern
Mariana
Islands,
Guam,
American
Samoa,
the
U.
S.
Virgin
Islands,
and
the
Trust
Territory
of
the
Pacific
Islands.
We
(
us,
our)
means
the
Administrator
of
the
Environmental
Protection
Agency
and
any
authorized
representatives.

§
1068.35
What
symbols,
acronyms,
and
abbreviations
does
this
part
use?

The
following
symbols,
acronyms,
and
abbreviations
apply
to
this
part:

$
U.
S.
dollars.
CFR
Code
of
Federal
Regulations.
EPA
Environmental
Protection
Agency.
U.
S.
United
States.
U.
S.
C.
United
States
Code.
Subpart
B
 
Prohibited
Actions
and
Related
Requirements
§
1068.101
What
general
actions
does
this
regulation
prohibit?

This
section
specifies
actions
that
are
prohibited
and
the
maximum
civil
penalties
that
we
can
assess
for
each
violation.
The
maximum
penalty
values
listed
in
paragraphs
(
a)
and
(
b)
of
this
section
are
shown
for
calendar
year
2002.
As
described
in
paragraph
(
e)
of
this
section,
maximum
penalty
limits
for
later
years
are
set
forth
in
40
CFR
part
19.
(
a)
The
following
prohibitions
and
requirements
apply
to
manufacturers
of
new
engines
and
manufacturers
of
equipment
containing
these
engines,
except
as
described
in
subparts
C
and
D
of
this
part:
(
1)
You
may
not
sell,
offer
for
sale,
or
introduce
or
deliver
into
commerce
in
the
United
States
or
import
into
the
United
States
any
new
engine
or
equipment
after
emission
standards
take
effect
for
that
engine
or
equipment,
unless
it
has
a
valid
certificate
of
conformity
for
its
model
year
and
the
required
label
or
tag.
You
also
may
not
take
any
of
the
actions
listed
in
the
previous
sentence
with
respect
to
any
equipment
containing
an
engine
subject
to
this
part's
provisions,
unless
the
engine
has
a
valid
certificate
of
conformity
for
its
model
year
and
the
required
engine
label
or
tag.
This
requirement
also
covers
new
engines
you
produce
to
replace
an
older
engine
in
a
piece
of
equipment,
unless
the
engine
qualifies
for
the
replacementengine
exemption
in
§
1068.240.
We
may
assess
a
civil
penalty
up
to
$
31,500
for
each
engine
in
violation.
(
2)
This
chapter
requires
you
to
record
certain
types
of
information
to
show
that
you
meet
our
standards.
You
must
comply
with
these
requirements
to
make
and
maintain
required
records
(
including
those
described
in
§
1068.501).
You
may
not
deny
us
access
to
or
copying
of
your
records
if
we
have
the
authority
to
see
or
copy
them.
Also,
you
must
give
us
the
required
reports
or
information
without
delay.
Failure
to
comply
with
the
requirements
of
this
paragraph
is
prohibited.
We
may
assess
a
civil
penalty
up
to
$
31,500
for
each
day
in
violation.
(
3)
You
may
not
keep
us
from
entering
your
facility
to
test
engines
or
inspect
if
we
are
authorized
to
do
so.
Also,
you
must
perform
the
tests
we
require
(
or
have
the
tests
done
for
you).
Failure
to
perform
this
testing
is
prohibited.
We
may
assess
a
civil
penalty
up
to
$
31,500
for
each
day
in
violation.

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Rules
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Regulations
(
b)
The
following
prohibitions
apply
to
everyone
with
respect
to
the
engines
to
which
this
part
applies:
(
1)
You
may
not
remove
or
disable
a
device
or
element
of
design
that
may
affect
an
engine's
emission
levels.
This
restriction
applies
before
and
after
the
engine
is
placed
in
service.
Section
1068.120
describes
how
this
applies
to
rebuilding
engines.
For
a
manufacturer
or
dealer,
we
may
assess
a
civil
penalty
up
to
$
31,500
for
each
engine
in
violation.
For
anyone
else,
we
may
assess
a
civil
penalty
up
to
$
3,150
for
each
engine
in
violation.
This
does
not
apply
in
any
of
the
following
situations:
(
i)
You
need
to
repair
an
engine
and
you
restore
it
to
proper
functioning
when
the
repair
is
complete.
(
ii)
You
need
to
modify
an
engine
to
respond
to
a
temporary
emergency
and
you
restore
it
to
proper
functioning
as
soon
as
possible.
(
iii)
You
modify
a
new
engine
that
another
manufacturer
has
already
certified
to
meet
emission
standards,
intending
to
recertify
it
under
your
own
engine
family.
In
this
case
you
must
tell
the
original
manufacturer
not
to
include
the
modified
engines
in
the
original
engine
family.
(
2)
You
may
not
knowingly
manufacture,
sell,
offer
to
sell,
or
install,
an
engine
part
if
one
of
its
main
effects
is
to
bypass,
impair,
defeat,
or
disable
the
engine's
control
of
emissions.
We
may
assess
a
civil
penalty
up
to
$
3,150
for
each
part
in
violation.
(
3)
For
an
engine
that
is
excluded
from
any
requirements
of
this
chapter
because
it
is
a
stationary
engine,
you
may
not
move
it
or
install
it
in
any
mobile
equipment,
except
as
allowed
by
the
provisions
of
this
chapter.
You
may
not
circumvent
or
attempt
to
circumvent
the
residence­
time
requirements
of
paragraph
(
2)(
iii)
of
the
nonroad
engine
definition
in
§
1068.30.
We
may
assess
a
civil
penalty
up
to
$
31,500
for
each
day
in
violation.
(
4)
For
an
uncertified
engine
or
piece
of
equipment
that
is
excluded
or
exempted
from
any
requirements
of
this
chapter
because
it
is
to
be
used
solely
for
competition,
you
may
not
use
it
in
a
manner
that
is
inconsistent
with
use
solely
for
competition.
We
may
assess
a
civil
penalty
up
to
$
31,500
for
each
day
in
violation.
(
5)
You
may
not
import
an
uncertified
engine
or
piece
of
equipment
if
it
is
defined
to
be
new
in
the
standardsetting
part,
and
it
would
have
been
subject
to
standards
had
it
been
built
in
the
United
States.
We
may
assess
a
civil
penalty
up
to
$
31,500
for
each
day
in
violation.
Note
the
following:
(
i)
The
definition
of
new
is
broad
for
imported
engines;
uncertified
engines
and
equipment
(
including
used
engines
and
equipment)
are
generally
considered
to
be
new
when
imported.
(
ii)
Engines
that
were
originally
manufactured
before
applicable
EPA
standards
were
in
effect
are
generally
not
subject
to
emission
standards.
(
c)
Exemptions
from
these
prohibitions
are
described
in
subparts
C
and
D
of
this
part.
(
d)
The
standard­
setting
parts
describe
more
requirements
and
prohibitions
that
apply
to
manufacturers
(
including
importers)
and
others
under
this
chapter.
(
e)
The
maximum
penalty
values
listed
in
paragraphs
(
a)
and
(
b)
of
this
section
are
shown
for
calendar
year
2002.
Maximum
penalty
limits
for
later
years
may
be
adjusted
based
on
the
Consumer
Price
Index.
The
specific
regulatory
provisions
for
changing
the
maximum
penalties,
published
in
40
CFR
part
19,
reference
the
applicable
U.
S.
Code
citation
on
which
the
prohibited
action
is
based.
The
following
table
is
shown
here
for
informational
purposes:

TABLE
1
OF
§
1068.101.
 
LEGAL
CITATION
FOR
SPECIFIC
PROHIBITIONS
FOR
DETERMINING
MAXIMUM
PENALTY
AMOUNTS
Part
1068
regulatory
citation
of
prohibited
action
General
description
of
prohibition
U.
S.
Code
citation
for
Clean
Air
Act
authority
§
1068.101(
a)(
1)
................................................................
Introduction
into
commerce
of
an
uncertified
product
....
42
U.
S.
C.
7522(
a)(
1)

§
1068.101(
a)(
1)
................................................................
Failure
to
provide
information
.........................................
42
U.
S.
C.
7522(
a)(
2)

§
1068.101(
a)(
3)
................................................................
Denying
access
to
facilities
.............................................
42
U.
S.
C.
7522(
a)(
2)

§
1068.101(
b)(
1)
................................................................
Tampering
with
emission
controls
by
a
manufacturer
or
dealer.
42
U.
S.
C.
7522(
a)(
3)

Tampering
with
emission
controls
by
someone
other
than
a
manufacturer
or
dealer.

§
1068.101(
b)(
2)
................................................................
Sale
or
use
of
a
defeat
device
........................................
42
U.
S.
C.
7522(
a)(
3)

§
1068.101(
b)(
3)
................................................................
Mobile
use
of
a
stationary
engine
...................................
42
U.
S.
C.
7522(
a)(
1)

§
1068.101(
b)(
4)
................................................................
Noncompetitive
use
of
an
uncertified
engine
that
is
exempted
for
competition.
42
U.
S.
C.
7522(
a)(
1)

§
1068.101(
b)(
5)
................................................................
Importation
of
an
uncertified
product
..............................
42
U.
S.
C.
7522(
a)(
1)

§
1068.105
What
other
provisions
apply
to
me
specifically
if
I
manufacture
equipment
needing
certified
engines?

(
a)
Transitioning
to
new
standards.
You
may
use
up
your
normal
inventory
of
engines
not
certified
to
new
emission
standards
if
they
were
built
before
the
date
of
the
new
standards.
However,
stockpiling
these
engines
violates
§
1068.101(
a)(
1).
(
b)
Installing
engines.
You
must
follow
the
engine
manufacturer's
emission­
related
installation
instructions.
For
example,
you
may
need
to
constrain
where
you
place
an
exhaust
aftertreatment
device
or
integrate
into
your
equipment
models
a
device
for
sending
visual
or
audible
signals
to
the
operator.
Not
meeting
the
manufacturer's
emission­
related
installation
instructions
is
a
violation
of
§
1068.101(
b)(
1).
(
c)
Attaching
a
duplicate
label.
If
you
obscure
the
engine's
label,
you
must
do
three
things
to
avoid
violating
§
1068.101(
a)(
1):
(
1)
Permanently
attach
to
your
equipment
a
duplicate
label.
Secure
it
to
a
part
needed
for
normal
operation
and
not
normally
requiring
replacement.

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Rules
and
Regulations
(
2)
Make
sure
your
label
is
identical
to
the
engine
label.
You
may
make
the
label
yourself
or
get
it
from
the
engine
manufacturer.
(
3)
Make
sure
an
average
person
can
easily
read
it.
(
d)
Producing
nonroad
equipment
certified
to
highway
emission
standards.
You
may
produce
nonroad
equipment
from
complete
or
incomplete
motor
vehicles
with
the
motor
vehicle
engine
if
you
meet
three
criteria:
(
1)
The
engine
or
vehicle
is
certified
to
40
CFR
part
86.
(
2)
The
engine
is
not
adjusted
outside
the
manufacturer's
specifications.
(
3)
The
engine
or
vehicle
is
not
modified
in
any
way
that
may
affect
its
emission
control.
This
applies
to
evaporative
emission
controls,
but
not
refueling
emission
controls.

§
1068.110
What
other
provisions
apply
to
engines
in
service?

(
a)
Aftermarket
parts
and
service.
As
the
engine
manufacturer,
you
may
not
require
anyone
to
use
your
parts
or
service
to
maintain
or
repair
an
engine,
unless
we
approve
this
in
your
application
for
certification.
It
is
a
violation
of
the
Act
for
anyone
to
manufacture
an
engine
or
vehicle
part
if
one
of
its
main
effects
is
to
reduce
the
effectiveness
of
the
emission
controls.
See
§
1068.101(
b)(
2).
(
b)
Certifying
aftermarket
parts.
As
the
manufacturer
or
rebuilder
of
an
aftermarket
engine
part,
you
may
 
but
are
not
required
to
 
certify
according
to
§
85.2114
of
this
chapter
that
using
the
part
will
not
cause
engines
to
fail
to
meet
emission
standards.
Whether
you
certify
or
not,
however,
you
must
keep
any
information
showing
how
your
parts
or
service
affect
emissions.
(
c)
Compliance
with
standards.
We
may
test
engines
or
equipment
to
investigate
compliance
with
emission
standards.
We
may
also
require
the
manufacturer
to
do
this
testing.
(
d)
Defeat
devices.
We
may
test
engines
or
equipment
to
investigate
potential
defeat
devices.
We
may
also
require
the
manufacturer
to
do
this
testing.
If
we
choose
to
investigate
one
of
your
designs,
we
may
require
you
to
show
us
that
it
does
not
have
a
defeat
device.
To
do
this,
you
may
have
to
share
with
us
information
regarding
test
programs,
engineering
evaluations,
design
specifications,
calibrations,
onboard
computer
algorithms,
and
design
strategies.
It
is
a
violation
of
the
Act
for
anyone
to
make,
install
or
use
defeat
devices.
See
§
1068.101(
b)(
2)
and
the
standard­
setting
part.
(
e)
Warranty
and
maintenance.
Owners
may
make
warranty
claims
against
the
manufacturer
for
emissionrelated
parts,
as
described
in
§
1068.115.
This
generally
includes
any
emissionrelated
engine
parts
that
were
not
in
common
use
before
we
have
adopted
emission
standards.
In
general,
we
consider
replacement
or
repair
of
any
other
components
to
be
the
owner's
responsibility.
The
warranty
period
begins
when
the
engine
is
first
placed
into
service.
See
the
standard­
setting
part
for
specific
requirements.
It
is
a
violation
of
the
Act
for
anyone
to
disable
emission
controls.
See
§
1068.101(
b)(
1)
and
the
standardsetting
part.

§
1068.115
When
must
manufacturers
honor
emission­
related
warranty
claims?
Section
207(
a)
of
the
Clean
Air
Act
(
42
U.
S.
C.
7541(
a))
requires
certifying
manufacturers
to
warrant
to
purchasers
that
their
engines
are
designed,
built,
and
equipped
to
conform
at
the
time
of
sale
to
the
applicable
regulations
for
their
full
useful
life,
including
a
warranty
that
the
engines
are
free
from
defects
in
materials
and
workmanship
that
would
cause
an
engine
to
fail
to
conform
to
the
applicable
regulations
during
the
specified
warranty
period.
This
section
codifies
the
warranty
requirements
of
section
207(
a)
without
intending
to
limit
these
requirements.
(
a)
As
a
certifying
manufacturer,
you
may
deny
warranty
claims
for
failures
that
have
been
caused
by
the
owner's
or
operator's
improper
maintenance
or
use.
For
example,
you
would
not
need
to
honor
warranty
claims
for
failures
that
have
been
directly
caused
by
the
operator's
abuse
of
an
engine
or
the
operator's
use
of
the
engine
in
a
manner
for
which
it
was
not
designed,
and
are
not
attributable
to
you
in
any
way.
(
b)
As
a
certifying
manufacturer,
you
may
not
deny
emission­
related
warranty
claims
based
on
any
of
the
following:
(
1)
Maintenance
or
other
service
you
or
your
authorized
facilities
performed.
(
2)
Engine
repair
work
that
an
operator
performed
to
correct
an
unsafe,
emergency
condition
attributable
to
you,
as
long
as
the
operator
tries
to
restore
the
engine
to
its
proper
configuration
as
soon
as
possible.
(
3)
Any
action
or
inaction
by
the
operator
unrelated
to
the
warranty
claim.
(
4)
Maintenance
that
was
performed
more
frequently
than
you
specify.
(
5)
Anything
that
is
your
fault
or
responsibility.
(
6)
The
use
of
any
fuel
that
is
commonly
available
where
the
engine
operates,
unless
your
written
maintenance
instructions
state
that
this
fuel
would
harm
the
engine's
emission
control
system
and
operators
can
readily
find
the
proper
fuel.
§
1068.120
What
requirements
must
I
follow
to
rebuild
engines?

(
a)
This
section
describes
the
steps
to
take
when
rebuilding
engines
to
avoid
violating
the
tampering
prohibition
in
§
1068.101(
b)(
1).
These
requirements
apply
to
anyone
rebuilding
an
engine
subject
to
this
part,
but
the
recordkeeping
requirements
in
paragraphs
(
j)
and
(
k)
of
this
section
apply
only
to
businesses.
(
b)
The
term
``
rebuilding''
refers
to
a
rebuild
of
an
engine
or
engine
system,
including
a
major
overhaul
in
which
you
replace
the
engine's
pistons
or
power
assemblies
or
make
other
changes
that
significantly
increase
the
service
life
of
the
engine.
It
also
includes
replacing
or
rebuilding
an
engine's
turbocharger
or
aftercooler
or
the
engine's
systems
for
fuel
metering
or
electronic
control
so
that
it
significantly
increases
the
service
life
of
the
engine.
For
these
provisions,
rebuilding
may
or
may
not
involve
removing
the
engine
from
the
equipment.
Rebuilding
does
not
normally
include
the
following:
(
1)
Scheduled
emission­
related
maintenance
that
the
standard­
setting
part
allows
during
the
useful
life
period
(
such
as
replacing
fuel
injectors).
(
2)
Unscheduled
maintenance
that
occurs
commonly
within
the
useful
life
period.
For
example,
replacing
a
water
pump
is
not
rebuilding.
(
c)
For
maintenance
or
service
that
is
not
rebuilding,
you
may
not
make
changes
that
might
increase
emissions,
but
you
do
not
need
to
keep
any
records.
(
d)
If
you
rebuild
an
engine
or
engine
system,
you
must
have
a
reasonable
technical
basis
for
knowing
that
the
rebuilt
engine
has
the
same
emissions
performance
as
the
engine
in
its
certified
configuration.
Identify
the
model
year
of
the
resulting
engine
configuration.
You
have
a
reasonable
basis
if
you
meet
two
main
conditions:
(
1)
Install
parts
 
new,
used,
or
rebuilt
 
so
a
person
familiar
with
engine
design
and
function
would
reasonably
believe
that
the
engine
with
those
parts
will
control
emissions
to
the
same
degree
as
with
the
original
parts.
For
example,
it
would
be
reasonable
to
believe
that
parts
performing
the
same
function
as
the
original
parts
(
and
to
the
same
degree)
would
control
emissions
to
the
same
degree
as
the
original
parts.
(
2)
Adjust
parameters
or
change
design
elements
only
according
to
the
original
engine
manufacturer's
instructions.
Or,
if
you
differ
from
these
instructions,
you
must
have
data
or
some
other
technical
basis
to
show
you
should
not
expect
in­
use
emissions
to
increase.

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2002
/
Rules
and
Regulations
(
e)
If
the
rebuilt
engine
remains
installed
or
is
reinstalled
in
the
same
piece
of
equipment,
you
must
rebuild
it
to
the
original
configuration
or
another
certified
configuration
of
the
same
or
later
model
year.
(
f)
If
the
rebuilt
engine
replaces
another
engine
in
a
piece
of
equipment,
you
must
rebuild
it
to
a
certified
configuration
that
equals
the
emissions
performance
of
the
engine
you
are
replacing.
(
g)
Do
not
erase
or
reset
emissionrelated
codes
or
signals
from
onboard
monitoring
systems
without
diagnosing
and
responding
appropriately
to
any
diagnostic
codes.
This
requirement
applies
regardless
of
the
manufacturer's
reason
for
installing
the
monitoring
system
and
regardless
of
its
form
or
interface.
Clear
any
codes
from
diagnostic
systems
when
you
return
the
rebuilt
engine
to
service.
Do
not
disable
a
diagnostic
signal
without
addressing
its
cause.
(
h)
When
you
rebuild
an
engine,
check,
clean,
adjust,
repair,
or
replace
all
emission­
related
components
(
listed
in
Appendix
I
of
this
part)
as
needed
according
to
the
original
manufacturer's
recommended
practice.
In
particular,
replace
oxygen
sensors,
replace
the
catalyst
if
there
is
evidence
of
malfunction,
clean
gaseous
fuel
system
components,
and
replace
fuel
injectors
(
if
applicable),
unless
you
have
a
reasonable
technical
basis
for
believing
they
do
not
need
replacement.
(
i)
If
you
are
installing
an
engine
that
someone
else
has
rebuilt,
check
all
emission­
related
components
listed
in
Appendix
I
of
this
part
as
needed
according
to
the
original
manufacturer's
recommended
practice.
(
j)
Keep
at
least
the
following
records:
(
1)
Identify
the
hours
of
operation
(
or
mileage,
as
appropriate)
at
time
of
rebuild.
(
2)
Identify
the
work
done
on
the
engine
or
any
emission­
related
control
components,
including
a
listing
of
parts
and
components
you
used.
(
3)
Describe
any
engine
parameter
adjustments.
(
4)
Identify
any
emission­
related
codes
or
signals
you
responded
to
and
reset.
(
k)
You
must
show
us
or
send
us
your
records
if
we
ask
for
them.
Keep
records
for
at
least
two
years
after
rebuilding
an
engine.
Keep
them
in
any
format
that
allows
us
to
readily
review
them.
(
1)
You
do
not
need
to
keep
information
that
is
not
reasonably
available
through
normal
business
practices.
We
do
not
expect
you
to
have
information
that
you
cannot
reasonably
access.
(
2)
You
do
not
need
to
keep
records
of
what
other
companies
do.
(
3)
You
may
keep
records
based
on
engine
families
rather
than
individual
engines
if
that
is
the
way
you
normally
do
business.

§
1068.125
What
happens
if
I
violate
the
regulations?

(
a)
Civil
penalties
and
injunctions.
We
may
bring
a
civil
action
to
assess
and
recover
civil
penalties
and/
or
enjoin
and
restrain
violations
in
the
United
States
District
Court
for
the
district
where
you
allegedly
violated
a
requirement,
or
the
district
where
you
live
or
have
your
main
place
of
business.
Actions
to
assess
civil
penalties
or
restrain
violations
of
§
1068.101
must
be
brought
by
and
in
the
name
of
the
United
States.
The
selected
court
has
jurisdiction
to
restrain
violations
and
assess
civil
penalties.
(
1)
To
determine
the
amount
of
a
civil
penalty
and
reach
a
just
conclusion,
the
court
considers
these
main
factors:
(
i)
The
seriousness
of
your
violation.
(
ii)
How
much
you
benefitted
or
saved
because
of
the
violation.
(
iii)
The
size
of
your
business.
(
iv)
Your
history
of
compliance
with
Title
II
of
the
Act.
(
v)
What
you
did
to
remedy
the
violation.
(
vi)
How
the
penalty
will
affect
your
ability
to
continue
in
business.
(
vii)
Such
other
matters
as
justice
may
require.
(
2)
Subpoenas
for
witnesses
who
must
attend
a
district
court
in
any
district
may
apply
to
any
other
district.
(
b)
Administrative
penalties.
Instead
of
bringing
a
civil
action,
we
may
assess
administrative
penalties
if
the
total
is
less
than
$
250,000
against
you
individually.
This
maximum
penalty
may
be
greater
if
the
Administrator
and
the
Attorney
General
jointly
determine
that
is
appropriate
for
administrative
penalty
assessment,
or
if
the
limit
is
adjusted
under
40
CFR
part
19.
No
court
may
review
such
a
determination.
Before
we
assess
an
administrative
penalty,
you
may
ask
for
a
hearing
(
subject
to
40
CFR
part
22).
The
Administrator
may
compromise
or
remit,
with
or
without
conditions,
any
administrative
penalty
that
may
be
imposed
under
this
section.
(
1)
To
determine
the
amount
of
an
administrative
penalty,
we
will
consider
the
factors
described
in
paragraph
(
a)(
1)
of
this
section.
(
2)
An
administrative
order
we
issue
under
this
paragraph
(
b)
becomes
final
30
days
after
we
issue
it,
unless
you
ask
for
judicial
review
by
that
time
(
see
paragraph
(
c)
of
this
section).
You
may
ask
for
review
by
any
of
the
district
courts
listed
in
paragraph
(
a)
of
this
section.
Send
the
Administrator
a
copy
of
the
filing
by
certified
mail.
(
3)
We
will
not
pursue
an
administrative
action
for
a
violation
if
either
of
the
following
two
conditions
is
true:
(
i)
We
are
separately
prosecuting
the
violation
under
this
part.
(
ii)
We
have
issued
a
final
order
for
a
violation,
no
longer
subject
to
judicial
review,
for
which
you
have
already
paid
a
penalty.
(
c)
Judicial
review.
If
you
ask
a
court
to
review
a
civil
or
administrative
penalty,
we
will
file
in
the
appropriate
court
within
30
days
of
your
request
a
certified
copy
or
certified
index
of
the
record
on
which
the
court
or
the
Administrator
issued
the
order.
(
1)
The
judge
may
set
aside
or
remand
any
order
issued
under
this
section
only
if
one
of
the
following
is
true:
(
i)
Substantial
evidence
does
not
exist
in
the
record,
taken
as
a
whole,
to
support
finding
a
violation.
(
ii)
The
Administrator's
assessment
of
the
penalty
is
an
abuse
of
discretion.
(
2)
The
judge
may
not
add
civil
penalties
unless
our
penalty
is
an
abuse
of
discretion
that
favors
you.
(
d)
Effect
of
enforcement
actions
on
other
requirements.
Our
pursuit
of
civil
or
administrative
penalties
does
not
affect
or
limit
our
authority
to
enforce
any
provisions
of
this
chapter.
(
e)
Penalties.
In
any
proceedings,
the
United
States
government
may
seek
to
collect
civil
penalties
assessed
under
this
section.
(
1)
Once
a
penalty
assessment
is
final,
if
you
do
not
pay
it,
the
Administrator
will
ask
the
Attorney
General
to
bring
a
civil
action
in
an
appropriate
district
court
to
recover
the
money.
We
may
collect
interest
from
the
date
of
the
final
order
or
final
judgment
at
rates
established
by
the
Internal
Revenue
Code
of
1986
(
26
U.
S.
C.
6621(
a)(
2)).
In
this
action
to
collect
overdue
penalties,
the
court
will
not
review
the
validity,
amount,
and
appropriateness
of
the
penalty.
(
2)
In
addition,
if
you
do
not
pay
the
full
amount
of
a
penalty
on
time,
you
must
then
pay
more
to
cover
interest,
enforcement
expenses
(
including
attorney's
fees
and
costs
for
collection),
and
a
quarterly
nonpayment
penalty
for
each
quarter
you
do
not
pay.
The
nonpayment
penalty
is
10
percent
of
your
total
penalties
plus
any
unpaid
nonpayment
penalties
from
previous
quarters.

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Vol.
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No.
217
/
Friday,
November
8,
2002
/
Rules
and
Regulations
Subpart
C
 
Exemptions
and
Exclusions
§
1068.201
Does
EPA
exempt
or
exclude
any
engines
from
the
prohibited
acts?
We
may
exempt
new
engines
from
the
prohibited
acts
in
subpart
B
of
this
part
under
requirements
described
in
this
subpart.
We
may
exempt
an
engine
already
placed
in
service
in
the
United
States
from
the
prohibition
in
§
1068.101(
b)(
1)
if
the
exemption
for
engines
used
solely
for
competition
applies
(
see
§
1068.235).
In
addition,
see
§
1068.1
and
the
standard­
setting
parts
to
determine
if
other
engines
are
excluded
from
some
or
all
of
the
regulations
in
this
chapter.
(
a)
This
subpart
identifies
which
engines
qualify
for
exemptions
and
what
information
we
need.
We
may
ask
for
more
information.
(
b)
If
you
violate
any
of
the
terms,
conditions,
instructions,
or
requirements
to
qualify
for
an
exemption,
we
may
void
the
exemption.
(
c)
If
you
use
an
exemption
under
this
subpart,
we
may
require
you
to
add
a
permanent
label
to
your
exempted
engines.
You
may
ask
us
to
approve
wording
on
the
emission
label
different
than
we
specify
in
this
subpart
if
it
is
more
appropriate
for
your
engine.
(
d)
If
you
produce
engines
we
exempt
under
this
subpart,
we
may
require
you
to
make
and
keep
records,
perform
tests,
make
reports
and
provide
information
as
needed
to
reasonably
evaluate
the
validity
of
the
exemption.
(
e)
If
you
own
or
operate
engines
we
exempt
under
this
subpart,
we
may
require
you
to
provide
information
as
needed
to
reasonably
evaluate
the
validity
of
the
exemption.
(
f)
Subpart
D
of
this
part
describes
how
we
apply
these
exemptions
to
engines
you
import
(
or
intend
to
import).
(
g)
If
you
want
to
ask
for
an
exemption
or
need
more
information,
write
to
the
Designated
Officer.
(
h)
You
may
ask
us
to
modify
the
administrative
requirements
for
the
exemptions
described
in
this
subpart.
We
may
approve
your
request
if
we
determine
that
such
approval
is
consistent
with
the
intent
of
this
part.
For
example,
waivable
administrative
requirements
might
include
some
reporting
requirements,
but
would
not
include
any
eligibility
requirements
or
use
restrictions.
(
i)
If
you
want
to
take
an
action
with
respect
to
an
exempted
or
excluded
engine
that
is
prohibited
by
the
exemption
or
exclusion,
such
as
selling
it,
you
need
to
certify
the
engine.
We
will
issue
a
certificate
of
conformity
if
you
send
us
an
application
for
certification
showing
that
you
meet
all
the
applicable
requirements
from
the
standard­
setting
part.
Also,
in
some
cases,
it
may
be
sufficient
to
modify
the
engine
as
needed
to
make
it
identical
to
engines
already
covered
by
a
certificate.
Make
sure
these
engines
have
emission
control
information
labels
that
accurately
describe
their
status.

§
1068.210
What
are
the
provisions
for
exempting
test
engines?

(
a)
We
may
exempt
engines
that
are
not
exempted
under
other
sections
of
this
part
that
you
will
use
for
research,
investigations,
studies,
demonstrations,
or
training.
(
b)
Anyone
may
ask
for
a
testing
exemption.
(
c)
If
you
are
a
certificate
holder,
you
may
request
an
exemption
for
engines
you
intend
to
include
in
test
programs
over
a
two­
year
period.
(
1)
In
your
request,
tell
us
the
maximum
number
of
engines
involved
and
describe
how
you
will
make
sure
exempted
engines
are
used
only
for
this
testing.
(
2)
Give
us
the
information
described
in
paragraph
(
d)
of
this
section
if
we
ask
for
it.
(
d)
If
you
are
not
a
certificate
holder
do
all
of
the
following:
(
1)
Show
that
the
proposed
test
program
has
a
valid
purpose
under
paragraph
(
a)
of
this
section.
(
2)
Show
you
need
an
exemption
to
achieve
the
purpose
of
the
test
program
(
time
constraints
may
be
a
basis
for
needing
an
exemption,
but
the
cost
of
certification
alone
is
not).
(
3)
Estimate
the
duration
of
the
proposed
test
program
and
the
number
of
engines
involved.
(
4)
Allow
us
to
monitor
the
testing.
(
5)
Describe
how
you
will
ensure
that
you
stay
within
this
exemption's
purposes.
Address
at
least
the
following
things:
(
i)
The
technical
nature
of
the
test.
(
ii)
The
test
site.
(
iii)
The
duration
and
accumulated
engine
operation
associated
with
the
test.
(
iv)
Ownership
of
the
engines
involved
in
the
test.
(
v)
The
intended
final
disposition
of
the
engines.
(
vi)
How
you
will
identify,
record,
and
make
available
the
engine
identification
numbers.
(
vii)
The
means
or
procedure
for
recording
test
results.
(
e)
If
we
approve
your
request
for
a
testing
exemption,
we
will
send
you
a
letter
or
a
memorandum
for
your
signature
describing
the
basis
and
scope
of
the
exemption.
The
exemption
does
not
take
effect
until
we
receive
the
signed
letter
or
memorandum
from
you.
It
will
also
include
any
necessary
terms
and
conditions,
which
normally
require
you
to
do
the
following:
(
1)
Stay
within
the
scope
of
the
exemption.
(
2)
Create
and
maintain
adequate
records
that
we
may
inspect.
(
3)
Add
a
permanent,
legible
label,
written
in
block
letters
in
English,
to
a
readily
visible
part
of
each
exempted
engine.
This
label
must
include
at
least
the
following
items:
(
i)
The
label
heading
``
EMISSION
CONTROL
INFORMATION''.
(
ii)
Your
corporate
name
and
trademark.
(
iii)
Engine
displacement,
engine
family
identification
(
as
applicable),
and
model
year
of
the
engine;
or
whom
to
contact
for
further
information.
(
iv)
The
statement
``
THIS
ENGINE
IS
EXEMPT
UNDER
40
CFR
1068.210
FROM
EMISSION
STANDARDS
AND
RELATED
REQUIREMENTS.''.
(
4)
Tell
us
when
the
test
program
is
finished.
(
5)
Tell
us
the
final
disposition
of
the
engines.
(
6)
Send
us
a
written
confirmation
that
you
meet
the
terms
and
conditions
of
this
exemption.

§
1068.215
What
are
the
provisions
for
exempting
manufacturer­
owned
engines?
(
a)
You
are
eligible
for
the
exemption
for
manufacturer­
owned
engines
only
if
you
are
a
certificate
holder.
(
b)
An
engine
may
be
exempt
without
a
request
if
it
is
a
nonconforming
engine
under
your
ownership
and
control
and
you
operate
it
to
develop
products,
assess
production
methods,
or
promote
your
engines
in
the
marketplace.
You
may
not
lease,
sell,
or
use
the
engine
to
generate
revenue,
either
by
itself
or
in
a
piece
of
equipment.
(
c)
To
use
this
exemption,
you
must
do
three
things:
(
1)
Establish,
maintain,
and
keep
adequately
organized
and
indexed
information
on
each
exempted
engine,
including
the
engine
identification
number,
the
use
of
the
engine
on
exempt
status,
and
the
final
disposition
of
any
engine
removed
from
exempt
status.
(
2)
Let
us
access
these
records,
as
described
in
§
1068.20.
(
3)
Add
a
permanent,
legible
label,
written
in
block
letters
in
English,
to
a
readily
visible
part
of
each
exempted
engine.
This
label
must
include
at
least
the
following
items:
(
i)
The
label
heading
``
EMISSION
CONTROL
INFORMATION''.
(
ii)
Your
corporate
name
and
trademark.
(
iii)
Engine
displacement,
engine
family
identification,
and
model
year
of
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the
engine
or
whom
to
contact
for
further
information.
(
iv)
The
statement
``
THIS
ENGINE
IS
EXEMPT
UNDER
40
CFR
1068.215
FROM
EMISSION
STANDARDS
AND
RELATED
REQUIREMENTS.''.

§
1068.220
What
are
the
provisions
for
exempting
display
engines?

(
a)
Anyone
may
request
an
exemption
for
display
engines.
(
b)
A
nonconforming
display
engine
will
be
exempted
if
it
is
used
only
for
displays
in
the
interest
of
a
business
or
the
general
public.
This
exemption
does
not
apply
to
engines
displayed
for
private
use
or
any
other
purpose
we
determine
is
inappropriate
for
a
display
exemption.
(
c)
You
may
operate
the
exempted
engine,
but
only
if
we
approve
specific
operation
that
is
part
of
the
display.
(
d)
You
may
sell
or
lease
the
exempted
engine
only
with
our
advance
approval;
you
may
not
use
it
to
generate
revenue.
(
e)
To
use
this
exemption,
you
must
add
a
permanent,
legible
label,
written
in
block
letters
in
English,
to
a
readily
visible
part
of
each
exempted
engine.
This
label
must
include
at
least
the
following
items:
(
1)
The
label
heading
``
EMISSION
CONTROL
INFORMATION''.
(
2)
Your
corporate
name
and
trademark.
(
3)
Engine
displacement,
engine
family
identification,
and
model
year
of
the
engine
or
whom
to
contact
for
further
information.
(
4)
The
statement
``
THIS
ENGINE
IS
EXEMPT
UNDER
40
CFR
1068.220
FROM
EMISSION
STANDARDS
AND
RELATED
REQUIREMENTS.''.
(
f)
We
may
set
other
conditions
for
approval
of
this
exemption.

§
1068.225
What
are
the
provisions
for
exempting
engines
for
national
security?

(
a)
You
are
eligible
for
the
exemption
for
national
security
only
if
you
are
a
manufacturer.
(
b)
Your
engine
is
exempt
without
a
request
if
you
produce
it
for
a
piece
of
equipment
owned
or
used
by
an
agency
of
the
federal
government
responsible
for
national
defense,
where
the
equipment
has
armor,
permanently
attached
weaponry,
or
other
substantial
features
typical
of
military
combat.
(
c)
You
may
request
a
national
security
exemption
for
engines
not
meeting
the
conditions
of
paragraph
(
b)
of
this
section,
as
long
as
your
request
is
endorsed
by
an
agency
of
the
federal
government
responsible
for
national
defense.
In
your
request,
explain
why
you
need
the
exemption.
§
1068.230
What
are
the
provisions
for
exempting
engines
for
export?

(
a)
If
you
export
a
new
engine
to
a
country
with
emission
standards
identical
to
ours,
we
will
not
exempt
it.
These
engines
must
comply
with
our
certification
requirements.
(
b)
If
you
export
an
engine
to
a
country
with
different
emission
standards
or
no
emission
standards,
it
is
exempt
from
the
prohibited
acts
in
this
part
without
a
request.
If
you
produce
an
exempt
engine
for
export
and
it
is
sold
or
offered
for
sale
to
someone
in
the
United
States
(
except
for
export),
we
will
void
the
exemption.
(
c)
Label
each
exempted
engine
and
shipping
container
with
a
label
or
tag
showing
the
engine
is
not
certified
for
sale
or
use
in
the
United
States.
The
label
must
include
at
least
the
statement
``
THIS
ENGINE
IS
SOLELY
FOR
EXPORT
AND
IS
THEREFORE
IS
EXEMPT
UNDER
40
CFR
1068.230
FROM
U.
S.
EMISSION
STANDARDS
AND
RELATED
REQUIREMENTS.''.

§
1068.235
What
are
the
provisions
for
exempting
engines
used
solely
for
competition?

(
a)
New
engines
you
produce
that
are
used
solely
for
competition
are
generally
excluded
from
emission
standards.
See
the
standard­
setting
parts
for
specific
provisions
where
applicable.
(
b)
If
you
modify
an
engine
after
it
has
been
placed
into
service
in
the
United
States
so
it
will
be
used
solely
for
competition,
it
is
exempt
without
request.
This
exemption
applies
only
to
the
prohibition
in
§
1068.101(
b)(
1)
and
is
valid
only
as
long
as
the
engine
is
used
solely
for
competition.
(
c)
If
you
modify
an
engine
under
this
exemption,
you
must
destroy
the
original
emission
label.
If
you
sell
or
give
one
of
these
engines
to
someone
else,
you
must
tell
the
new
owner
in
writing
that
it
may
be
used
only
for
competition.

§
1068.240
What
are
the
provisions
for
exempting
new
replacement
engines?

(
a)
You
are
eligible
for
the
exemption
for
new
replacement
engines
only
if
you
are
a
certificate
holder.
(
b)
The
prohibitions
in
§
1068.101(
a)(
1)
do
not
apply
to
an
engine
if
all
the
following
conditions
apply:
(
1)
You
produce
a
new
engine
to
replace
an
engine
already
placed
in
service
in
a
piece
of
equipment.
(
2)
The
engine
being
replaced
was
manufactured
before
the
emission
standards
that
would
otherwise
apply
to
the
new
engine
took
effect.
(
3)
No
engine
certified
to
current
emission
requirements
is
available
with
the
appropriate
physical
or
performance
characteristics
for
the
piece
of
equipment.
(
4)
You
or
your
agent
takes
possession
of
the
old
engine.
(
5)
You
make
the
replacement
engine
in
a
configuration
identical
in
all
material
respects
to
the
engine
being
replaced
(
or
that
of
another
certified
engine
of
the
same
or
later
model
year).
This
requirement
applies
only
if
the
old
engine
was
certified
to
emission
standards
less
stringent
than
those
in
effect
when
you
produce
the
replacement
engine.
(
c)
If
the
old
engine
was
not
certified
to
any
emission
standards
under
this
chapter,
clearly
label
the
replacement
engine
with
the
following
language:

THIS
ENGINE
DOES
NOT
COMPLY
WITH
FEDERAL
NONROAD
OR
HIGHWAY
EMISSION
REQUIREMENTS.
SELLING
OR
INSTALLING
THIS
ENGINE
FOR
ANY
PURPOSE
OTHER
THAN
AS
A
REPLACEMENT
ENGINE
IN
A
VEHICLE
OR
PIECE
OF
EQUIPMENT
BUILT
BEFORE
JANUARY
1,
[
Insert
appropriate
year
reflecting
when
standards
began
to
apply
to
engines
of
that
size
and
type]
IS
A
VIOLATION
OF
FEDERAL
LAW
SUBJECT
TO
CIVIL
PENALTY.

(
d)
If
the
old
engine
was
certified
to
emission
standards
less
stringent
than
those
in
effect
when
you
produce
the
replacement
engine,
clearly
label
the
replacement
engine
with
the
following
language:

THIS
ENGINE
DOES
NOT
COMPLY
WITH
CURRENT
FEDERAL
NONROAD
OR
HIGHWAY
EMISSION
REQUIREMENTS.
SELLING
OR
INSTALLING
THIS
ENGINE
FOR
ANY
PURPOSE
OTHER
THAN
AS
A
REPLACEMENT
ENGINE
IN
A
VEHICLE
OR
PIECE
OF
EQUIPMENT
BUILT
BEFORE
JANUARY
1,
[
Insert
appropriate
year
reflecting
when
the
earlier
tier
of
emission
standards
began
to
apply
to
the
old
engine]
IS
A
VIOLATION
OF
FEDERAL
LAW
SUBJECT
TO
CIVIL
PENALTY.

§
1068.245
What
temporary
provisions
address
hardship
due
to
unusual
circumstances?

(
a)
After
considering
the
circumstances,
we
may
permit
you
to
introduce
into
commerce
engines
or
equipment
that
do
not
comply
with
emission
standards
if
all
the
following
conditions
apply:
(
1)
Unusual
circumstances
that
are
clearly
outside
your
control
and
that
could
not
have
been
avoided
with
reasonable
discretion
prevent
you
from
meeting
requirements
from
this
chapter.
(
2)
You
exercised
prudent
planning
and
were
not
able
to
avoid
the
violation;
you
have
taken
all
reasonable
steps
to
minimize
the
extent
of
the
nonconformity.

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(
3)
Not
having
the
exemption
will
jeopardize
the
solvency
of
your
company.
(
4)
No
other
allowances
are
available
under
the
regulations
in
this
chapter
to
avoid
the
impending
violation.
(
b)
To
apply
for
an
exemption,
you
must
send
the
Designated
Officer
a
written
request
as
soon
as
possible
before
you
are
in
violation.
In
your
request,
show
that
you
meet
all
the
conditions
and
requirements
in
paragraph
(
a)
of
this
section.
(
c)
Include
in
your
request
a
plan
showing
how
you
will
meet
all
the
applicable
requirements
as
quickly
as
possible.
(
d)
You
must
give
us
other
relevant
information
if
we
ask
for
it.
(
e)
We
may
include
reasonable
additional
conditions
on
an
approval
granted
under
this
section,
including
provisions
to
recover
or
otherwise
address
the
lost
environmental
benefit
or
paying
fees
to
offset
any
economic
gain
resulting
from
the
exemption.
For
example,
in
the
case
of
multiple
tiers
of
emission
standards,
we
may
require
that
you
meet
the
less
stringent
standards.
(
f)
Add
a
permanent,
legible
label,
written
in
block
letters
in
English,
to
a
readily
visible
part
of
each
engine
exempted
under
this
section.
This
label
must
include
at
least
the
following
items:
(
1)
The
label
heading
``
EMISSION
CONTROL
INFORMATION''.
(
2)
Your
corporate
name
and
trademark.
(
3)
Engine
displacement
(
in
liters),
rated
power,
and
model
year
of
the
engine
or
whom
to
contact
for
further
information.
(
4)
The
statement
``
THIS
ENGINE
IS
EXEMPT
UNDER
40
CFR
1068.245
FROM
EMISSION
STANDARDS
AND
RELATED
REQUIREMENTS.''.

§
1068.250
What
are
the
provisions
for
extending
compliance
deadlines
for
smallvolume
manufacturers
under
hardship?
(
a)
After
considering
the
circumstances,
we
may
extend
the
compliance
deadline
for
you
to
meet
new
or
revised
emission
standards,
as
long
as
you
meet
all
the
conditions
and
requirements
in
this
section.
(
b)
To
be
eligible
for
this
exemption,
you
must
qualify
under
the
standardsetting
part
for
special
provisions
for
small
businesses
or
small­
volume
manufacturers.
(
c)
To
apply
for
an
extension,
you
must
send
the
Designated
Officer
a
written
request.
In
your
request,
show
that
all
the
following
conditions
and
requirements
apply:
(
1)
You
have
taken
all
possible
business,
technical,
and
economic
steps
to
comply.
(
i)
In
the
case
of
importers
of
engines
produced
by
other
companies,
show
that
you
attempted
to
find
a
manufacturer
capable
of
supplying
complying
products
as
soon
as
you
became
aware
of
the
applicable
requirements,
but
were
unable
to
do
so.
(
ii)
For
all
other
manufacturers,
show
that
the
burden
of
compliance
costs
prevents
you
from
meeting
the
requirements
of
this
chapter.
(
2)
Not
having
the
exemption
will
jeopardize
the
solvency
of
your
company.
(
3)
No
other
allowances
are
available
under
the
regulations
in
this
chapter
to
avoid
the
impending
violation.
(
d)
In
describing
the
steps
you
have
taken
to
comply
under
paragraph
(
c)(
1)
of
this
section,
include
at
least
the
following
information:
(
1)
Describe
your
business
plan,
showing
the
range
of
projects
active
or
under
consideration.
(
2)
Describe
your
current
and
projected
financial
standing,
with
and
without
the
burden
of
complying
fully
with
the
applicable
regulations
in
this
chapter.
(
3)
Describe
your
efforts
to
raise
capital
to
comply
with
regulations
in
this
chapter
(
this
may
not
apply
for
importers).
(
4)
Identify
the
engineering
and
technical
steps
you
have
taken
or
plan
to
take
to
comply
with
regulations
in
this
chapter.
(
5)
Identify
the
level
of
compliance
you
can
achieve.
For
example,
you
may
be
able
to
produce
engines
that
meet
a
somewhat
less
stringent
emission
standard
than
the
regulations
in
this
chapter
require.
(
e)
Include
in
your
request
a
plan
showing
how
you
will
meet
all
the
applicable
requirements
as
quickly
as
possible.
(
f)
You
must
give
us
other
relevant
information
if
we
ask
for
it.
(
g)
An
authorized
representative
of
your
company
must
sign
the
request
and
include
the
statement:
``
All
the
information
in
this
request
is
true
and
accurate,
to
the
best
of
my
knowledge.''.
(
h)
Send
your
request
for
this
extension
at
least
nine
months
before
the
relevant
deadline.
If
different
deadlines
apply
to
companies
that
are
not
small­
volume
manufacturers,
do
not
send
your
request
before
the
regulations
in
question
apply
to
the
other
manufacturers.
Otherwise,
do
not
send
your
request
more
than
three
years
before
the
relevant
deadline.
(
i)
We
may
include
reasonable
requirements
on
an
approval
granted
under
this
section,
including
provisions
to
recover
or
otherwise
address
the
lost
environmental
benefit.
For
example,
we
may
require
that
you
meet
a
less
stringent
emission
standard
or
buy
and
use
available
emission
credits.
(
j)
We
will
approve
extensions
of
up
to
one
year.
We
may
review
and
revise
an
extension
as
reasonable
under
the
circumstances.
(
k)
Add
a
permanent,
legible
label,
written
in
block
letters
in
English,
to
a
readily
visible
part
of
each
engine
exempted
under
this
section.
This
label
must
include
at
least
the
following
items:
(
1)
The
label
heading
``
EMISSION
CONTROL
INFORMATION''.
(
2)
Your
corporate
name
and
trademark.
(
3)
Engine
displacement
(
in
liters),
rated
power,
and
model
year
of
the
engine
or
whom
to
contact
for
further
information.
(
4)
The
statement
``
THIS
ENGINE
IS
EXEMPT
UNDER
40
CFR
1068.250
FROM
EMISSION
STANDARDS
AND
RELATED
REQUIREMENTS.''.

§
1068.255
What
are
the
provisions
for
exempting
engines
for
hardship
for
equipment
manufacturers
and
secondary
engine
manufacturers?

This
section
describes
how,
in
unusual
circumstances,
we
may
exempt
certain
engines
to
prevent
a
hardship
to
an
equipment
manufacturer
or
a
secondary
engine
manufacturer.
This
section
does
not
apply
to
products
that
are
subject
to
vehicle­
based
emission
standards.
(
a)
Equipment
exemption.
As
an
equipment
manufacturer,
you
may
ask
for
approval
to
produce
exempted
equipment
for
up
to
12
months.
We
will
generally
limit
this
to
the
first
year
that
new
or
revised
emission
standards
apply.
Send
the
Designated
Officer
a
written
request
for
an
exemption
before
you
are
in
violation.
In
your
request,
you
must
show
you
are
not
at
fault
for
the
impending
violation
and
that
you
would
face
serious
economic
hardship
if
we
do
not
grant
the
exemption.
This
exemption
is
not
available
under
this
paragraph
(
a)
if
you
manufacture
the
engine
you
need
for
your
own
equipment
or
if
complying
engines
are
available
from
other
engine
manufacturers
that
could
be
used
in
your
equipment,
unless
we
allow
it
elsewhere
in
this
chapter.
We
may
impose
other
conditions,
including
provisions
to
recover
the
lost
environmental
benefit.
In
determining
whether
to
grant
the
exemptions,
we
will
consider
all
relevant
factors,
including
the
following:
(
1)
The
number
of
engines
to
be
exempted.
(
2)
The
size
of
your
company
and
your
ability
to
endure
the
hardship.

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Rules
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Regulations
(
3)
The
amount
of
time
you
had
to
redesign
your
equipment
to
accommodate
a
complying
engine.
(
4)
Whether
there
was
any
breach
of
contract
by
an
engine
supplier.
(
5)
The
potential
for
market
disruption.
(
b)
Engine
exemption.
As
an
engine
manufacturer,
you
may
produce
nonconforming
engines
for
the
equipment
we
exempt
in
paragraph
(
a)
of
this
section.
You
do
not
have
to
request
this
exemption
for
your
engines,
but
you
must
have
written
assurance
from
equipment
manufacturers
that
they
need
a
certain
number
of
exempted
engines
under
this
section.
Add
a
permanent,
legible
label,
written
in
block
letters
in
English,
to
a
readily
visible
part
of
each
exempted
engine.
This
label
must
include
at
least
the
following
items:
(
1)
The
label
heading
``
EMISSION
CONTROL
INFORMATION''.
(
2)
Your
corporate
name
and
trademark.
(
3)
Engine
displacement
(
in
liters),
rated
power,
and
model
year
of
the
engine
or
whom
to
contact
for
further
information.
(
4)
The
statement
``
THIS
ENGINE
IS
EXEMPT
UNDER
40
CFR
1068.255
FROM
EMISSION
STANDARDS
AND
RELATED
REQUIREMENTS.''.
(
c)
Secondary
engine
manufacturers.
As
a
secondary
engine
manufacturer,
you
may
ask
for
approval
to
produce
exempted
engines
under
this
section
for
up
to
one
year.
We
may
require
you
to
certify
your
engines
to
compliance
levels
above
the
emission
standards
that
apply.
For
example,
if
you
need
an
exemption
from
a
second
tier
of
standards,
we
may
require
you
to
meet
the
standards
that
applied
to
earlier
model
years.
(
1)
For
the
purpose
of
this
section,
a
secondary
engine
manufacturer
is
a
manufacturer
that
produces
an
engine
by
modifying
an
engine
that
is
made
by
a
different
manufacturer
for
a
different
type
of
application.
This
includes,
for
example,
automotive
engines
converted
for
use
in
industrial
applications,
or
land­
based
engines
converted
for
use
in
marine
applications.
This
applies
whether
the
secondary
engine
manufacturer
is
modifying
a
complete
or
partially
complete
engine
and
whether
the
engine
was
previously
certified
to
emission
standards
or
not.
To
be
a
secondary
engine
manufacturer,
you
must
not
be
controlled
by
the
manufacturer
of
the
base
engine
(
or
by
an
entity
that
also
controls
the
manufacturer
of
the
base
engine).
In
addition,
equipment
manufacturers
that
substantially
modify
engines
become
secondary
engine
manufacturers.
For
the
purpose
of
this
definition,
``
substantially
modify''
means
changing
an
engine
in
a
way
that
could
change
its
emission
characteristics.
(
2)
The
provisions
in
paragraph
(
a)
of
this
section
that
apply
to
equipment
manufacturers
requesting
an
exemption
apply
equally
to
you,
except
that
you
may
manufacture
the
engines.
Before
we
can
approve
the
exemption
under
this
section,
you
must
commit
to
a
plan
to
make
up
the
lost
environmental
benefit.
(
i)
If
you
produce
uncertified
engines
under
this
exemption,
we
will
calculate
the
lost
environmental
benefit
based
on
our
best
estimate
of
uncontrolled
emission
rates
for
your
engines.
(
ii)
If
you
produce
engines
under
this
exemption
that
are
certified
to
a
compliance
level
less
stringent
than
the
emission
standards
that
would
otherwise
apply,
we
will
calculate
the
lost
environmental
benefit
based
on
the
compliance
level
you
select
for
your
engines.
(
3)
The
labeling
requirements
in
paragraph
(
b)
of
this
section
apply
to
your
exempted
engines;
however,
if
you
certify
engines
to
specific
compliance
levels,
state
on
the
label
the
compliance
levels
that
apply
to
each
engine.

Subpart
D
 
Imports
§
1068.301
Does
this
subpart
apply
to
me?
(
a)
This
subpart
applies
to
you
if
you
import
into
the
United
States
engines
or
equipment
subject
to
our
emission
standards
or
equipment
containing
engines
subject
to
our
emission
standards.
(
b)
In
general,
engines
that
you
import
must
be
covered
by
a
certificate
of
conformity
unless
they
were
built
before
emission
standards
started
to
apply.
This
subpart
describes
the
limited
cases
where
we
allow
importation
of
exempt
or
excluded
engines.
(
c)
The
U.
S.
Customs
Service
may
prevent
you
from
importing
an
engine
if
you
do
not
meet
the
requirements
of
this
subpart.
In
addition,
U.
S.
Customs
Service
regulations
may
contain
other
requirements
for
engines
imported
into
the
United
States
(
see
19
CFR
Chapter
I).

§
1068.305
How
do
I
get
an
exemption
or
exclusion
for
imported
engines?
(
a)
Complete
the
appropriate
EPA
declaration
form
before
importing
any
nonconforming
engine.
These
forms
are
available
on
the
Internet
at
http://
www.
epa.
gov/
OMS/
imports/
or
by
phone
at
202
 
564
 
9660.
(
b)
If
we
ask
for
it,
prepare
a
written
request
in
which
you
do
the
following:
(
1)
Give
your
name,
address,
telephone
number,
and
taxpayer
identification
number.
(
2)
Give
the
engine
owner's
name,
address,
telephone
number,
and
taxpayer
identification
number.
(
3)
Identify
the
make,
model,
identification
number,
and
original
production
year
of
each
engine.
(
4)
Identify
which
exemption
or
exclusion
in
this
subpart
allows
you
to
import
a
nonconforming
engine
and
describe
how
your
engine
qualifies.
(
5)
Tell
us
where
you
will
keep
your
engines
if
you
might
need
to
store
them
until
we
approve
your
request.
(
6)
Authorize
us
to
inspect
or
test
your
engines
as
the
Act
allows.
(
c)
We
may
ask
for
more
information.
(
d)
You
may
import
the
nonconforming
engines
you
identify
in
your
request
if
you
get
prior
written
approval
from
us.
The
U.
S.
Customs
Service
may
require
you
to
show
them
the
approval
letter.
We
may
temporarily
or
permanently
approve
the
exemptions
or
exclusions,
as
described
in
this
subpart.
(
e)
Make
sure
the
engine
meets
any
labeling
requirements
that
apply.

§
1068.310
What
are
the
exclusions
for
imported
engines?

Emission
standards
do
not
apply
to
excluded
engines
that
you
import.
If
you
show
us
that
your
engines
qualify
under
one
of
the
paragraphs
of
this
section,
we
will
approve
your
request
to
import
excluded
engines.
You
must
have
our
approval
to
import
an
engine
under
paragraph
(
a)
of
this
section.
You
may,
but
are
not
required
to
request
our
approval
for
the
other
exclusions
in
this
section.
The
following
engines
are
excluded:
(
a)
Engines
used
solely
for
competition.
Engines
you
use
solely
for
competition
are
excluded.
The
standardsetting
part
may
set
special
provisions
for
the
manufacture,
sale,
or
import
of
engines
used
solely
for
competition.
Section
1068.101(
b)(
4)
prohibits
using
these
excluded
engines
for
other
purposes.
(
b)
Stationary
engines.
This
includes
engines
that
will
be
used
in
a
permanently
fixed
location
and
engines
meeting
the
criteria
for
the
exclusion
in
paragraph
(
2)(
iii)
of
the
nonroad
engine
definition
in
§
1068.30.
Section
1068.101(
b)(
3)
prohibits
using
these
engines
for
other
purposes.
(
c)
Other
engines.
The
standardsetting
parts
may
exclude
engines
used
in
certain
applications.
For
example,
engines
used
in
aircraft,
underground
mining,
and
hobby
vehicles
are
generally
excluded.

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217
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Friday,
November
8,
2002
/
Rules
and
Regulations
§
1068.315
What
are
the
permanent
exemptions
for
imported
engines?
We
may
approve
a
permanent
exemption
for
an
imported
engine
under
the
following
conditions:
(
a)
National
security
exemption.
You
may
import
engine
under
the
national
security
exemption
in
§
1068.225.
(
b)
Manufacturer­
owned
engine
exemption.
You
may
import
a
manufacturer­
owned
engine,
as
described
in
§
1068.215.
(
c)
Replacement
engine
exemption.
You
may
import
a
nonconforming
replacement
engine
as
described
in
§
1068.240.
To
use
this
exemption,
you
must
be
a
certificate
holder
for
an
engine
family
we
regulate
under
the
same
part
as
the
replacement
engine.
(
d)
Extraordinary
circumstances
exemption.
You
may
import
a
nonconforming
engine
if
we
grant
hardship
relief
as
described
in
§
1068.245.
(
e)
Hardship
exemption.
You
may
import
a
nonconforming
engine
if
we
grant
an
exemption
for
the
transition
to
new
or
revised
emission
standards,
as
described
in
§
1068.255.
(
f)
Identical
configuration
exemption.
You
may
import
a
nonconforming
engine
if
it
is
identical
to
certified
engines
produced
by
the
same
manufacturer,
subject
to
the
following
provisions:
(
1)
You
may
import
only
the
following
engines
under
this
exemption:
(
i)
Large
nonroad
spark­
ignition
engines
(
see
part
1048
of
this
chapter).
(
ii)
Recreational
nonroad
sparkignition
engines
and
equipment
(
see
part
1051
of
this
chapter).
(
2)
You
must
meet
all
the
following
criteria:
(
i)
You
have
owned
the
engine
for
at
least
one
year.
(
ii)
You
agree
not
to
sell,
lease,
donate,
trade,
or
otherwise
transfer
ownership
of
the
engine
for
at
least
five
years,
or
until
the
engine
is
eligible
for
the
exemption
in
paragraph
(
g)
of
this
section.
During
this
period,
the
only
acceptable
way
to
dispose
of
the
engine
is
to
destroy
or
export
it.
(
iii)
You
use
data
or
evidence
sufficient
to
show
that
the
engine
is
in
a
configuration
that
is
the
same
as
an
engine
the
original
manufacturer
has
certified
to
meet
emission
standards
that
apply
at
the
time
the
manufacturer
finished
assembling
or
modifying
the
engine
in
question.
If
you
modify
the
engine
to
make
it
identical,
you
must
follow
the
original
manufacturer's
complete
written
instructions.
(
3)
We
will
tell
you
in
writing
if
we
find
the
information
insufficient
to
show
that
the
engine
is
eligible
for
this
exemption.
In
this
case,
we
will
not
consider
your
request
further
until
you
address
our
concerns.
(
g)
Ancient
engine
exemption.
If
you
are
not
the
original
engine
manufacturer,
you
may
import
a
nonconforming
engine
that
is
subject
to
a
standard­
setting
part
and
was
first
manufactured
at
least
21
years
earlier,
as
long
as
it
is
still
in
its
original
configuration.

§
1068.320
How
must
I
label
an
imported
engine
with
a
permanent
exemption?

(
a)
For
engines
imported
under
§
1068.315
(
a),
(
b),
(
c),
(
d),
or
(
e),
you
must
place
a
permanent
label
or
tag
on
each
engine.
If
no
specific
label
requirements
from
subpart
C
of
this
part
apply,
you
must
meet
the
following
requirements:
(
1)
Attach
the
label
or
tag
in
one
piece
so
no
one
can
remove
it
without
destroying
or
defacing
it.
(
2)
Make
sure
it
is
durable
and
readable
for
the
engine's
entire
life.
(
3)
Secure
it
to
a
part
of
the
engine
needed
for
normal
operation
and
not
normally
requiring
replacement.
(
4)
Write
it
in
block
letters
in
English.
(
5)
Make
it
readily
visible
to
the
average
person
after
the
engine
is
installed
in
the
equipment.
(
b)
On
the
engine
label
or
tag,
do
the
following:
(
1)
Include
the
heading
``
Emission
Control
Information.''
(
2)
Include
your
full
corporate
name
and
trademark.
(
3)
State
the
engine
displacement
(
in
liters)
and
rated
power.
If
the
engine's
rated
power
is
not
established,
state
the
approximate
power
rating
accurately
enough
to
allow
a
detemination
of
which
stanadards
would
otherwise
apply.
(
4)
State:
``
THIS
ENGINE
IS
EXEMPT
FROM
THE
REQUIREMENTS
OF
[
identify
the
part
referenced
in
40
CFR
1068.1(
a)
that
would
otherwise
apply],
AS
PROVIDED
IN
[
identify
the
paragraph
authorizing
the
exemption
(
for
example,
``
40
CFR
1068.315(
a)'')].
INSTALLING
THIS
ENGINE
IN
ANY
DIFFERENT
APPLICATION
IS
A
VIOLATION
OF
FEDERAL
LAW
SUBJECT
TO
CIVIL
PENALTY.''.
(
c)
Get
us
to
approve
alternate
label
language
if
it
is
more
accurate
for
your
engine.

§
1068.325
What
are
the
temporary
exemptions
for
imported
engines?

If
we
approve
a
temporary
exemption
for
an
engine,
you
may
import
it
under
the
conditions
in
this
section.
We
may
ask
the
U.
S.
Customs
Service
to
require
a
specific
bond
amount
to
make
sure
you
comply
with
the
requirements
of
this
subpart.
You
may
not
sell
or
lease
one
of
these
engines
while
it
is
in
the
United
States.
You
must
eventually
export
the
engine
as
we
describe
in
this
section
unless
you
get
a
certificate
of
conformity
for
it
or
it
qualifies
for
one
of
the
permanent
exemptions
in
§
1068.315.
Section
1068.330
specifies
an
additional
temporary
exemption
allowing
you
to
import
certain
engines
you
intend
to
sell
or
lease.
(
a)
Exemption
for
repairs
or
alterations.
You
may
temporarily
import
a
nonconforming
engine
under
bond
solely
to
repair
or
alter
it.
You
may
operate
the
engine
in
the
United
States
only
to
repair
or
alter
it
or
to
ship
it
to
or
from
the
service
location.
Export
the
engine
directly
after
the
engine
servicing
is
complete.
(
b)
Testing
exemption.
You
may
temporarily
import
a
nonconforming
engine
under
bond
for
testing
if
you
follow
the
requirements
of
§
1068.210.
You
may
operate
the
engine
in
the
United
States
only
to
allow
testing.
This
exemption
expires
one
year
after
you
import
the
engine,
unless
we
approve
a
one­
time
request
for
an
extension
of
up
to
one
more
year.
The
engine
must
be
exported
before
the
exemption
expires.
(
c)
Display
exemption.
You
may
temporarily
import
a
nonconforming
engine
under
bond
for
display,
as
described
in
§
1068.220.
This
exemption
expires
one
year
after
you
import
the
engine,
unless
we
approve
your
request
for
an
extension.
We
may
approve
an
extension
of
up
to
one
more
year
for
each
request,
but
no
more
than
three
years
in
total.
The
engine
must
be
exported
by
the
time
the
exemption
expires
or
directly
after
the
display
concludes,
whichever
comes
first.
(
d)
Export
exemption.
You
may
temporarily
import
a
nonconforming
engine
to
export
it,
as
described
in
§
1068.230.
You
may
operate
the
engine
in
the
United
States
only
as
needed
to
prepare
it
for
export.
Label
the
engine
as
described
in
§
1068.230.
(
e)
Diplomatic
or
military
exemption.
You
may
temporarily
import
nonconforming
engines
without
bond
if
you
represent
a
foreign
government
in
a
diplomatic
or
military
capacity.
In
your
request
to
the
Designated
Officer
(
see
§
1068.305),
include
either
written
confirmation
from
the
U.
S.
State
Department
that
you
qualify
for
this
exemption
or
a
copy
of
your
orders
for
military
duty
in
the
United
States.
We
will
rely
on
the
State
Department
or
your
military
orders
to
determine
when
your
diplomatic
or
military
status
expires,
at
which
time
you
must
export
your
exempt
engines.

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§
1068.330
How
do
I
import
engines
to
modify
for
other
applications?

This
section
allows
you
to
import
engines
in
configurations
different
than
their
final
configuration.
This
exemption
is
temporary,
as
described
in
paragraph
(
d)
of
this
section.
(
a)
This
section
applies
in
the
following
cases:
(
1)
You
import
a
partially
complete
engine
with
the
intent
to
manufacture
complete
engines
for
which
you
have
either
a
certificate
of
conformity
or
an
exemption
that
allows
you
to
sell
completed
engines.
(
2)
You
import
an
uncertified
complete
engine
with
the
intent
to
modify
it
for
installation
in
an
application
different
than
its
otherwise
intended
application
(
for
example,
you
import
a
land­
based
engine
to
modify
it
for
a
marine
application).
In
this
case,
to
qualify
for
an
exemption
under
this
section,
you
need
either
a
certificate
of
conformity
or
an
exemption
that
allows
you
to
sell
completed
engines.
(
3)
You
import
a
complete
or
partially
complete
engine
to
modify
for
an
application
for
which
emission
standards
do
not
apply.
(
b)
You
may
request
this
exemption
in
an
application
for
certification.
Otherwise,
send
your
request
to
the
Designated
Officer.
Your
request
must
include:
(
1)
The
name
of
the
supplier
of
the
partially
complete
engine,
or
the
original
manufacturer
of
the
complete
engine.
(
2)
A
description
of
the
certificate
or
exemption
that
will
apply
to
the
engines
in
the
final
configuration,
or
an
explanation
why
a
certificate
or
exemption
is
not
needed.
(
3)
A
brief
description
of
how
and
where
final
assembly
will
be
completed.
(
4)
An
unconditional
statement
that
the
engines
will
comply
with
all
applicable
regulations
in
their
final
configuration.
(
c)
If
we
approve
a
temporary
exemption
for
an
engine,
you
may
import
it
under
the
conditions
in
this
section.
We
may
ask
the
U.
S.
Customs
Service
to
require
a
specific
bond
amount
to
make
sure
you
comply
with
the
requirements
of
this
subpart.
(
d)
These
provisions
are
intended
only
to
allow
you
to
import
engines
in
the
specific
circumstances
identified
in
this
section,
so
any
exemption
under
this
section
expires
when
you
complete
the
assembly
of
the
engine
in
its
final
configuration.
If
the
engine
in
its
final
configuration
is
subject
to
emission
standards,
then
it
must
be
covered
by
a
certificate
or
a
different
exemption
before
you
introduce
it
into
commerce.
§
1068.335
What
are
the
penalties
for
violations?

(
a)
All
imported
engines.
Unless
you
comply
with
the
provisions
of
this
subpart,
importation
of
nonconforming
engines
is
violation
of
sections
203
and
213(
d)
of
the
Act.
You
may
then
have
to
export
the
engines,
or
pay
civil
penalties,
or
both.
The
U.
S.
Customs
Service
may
seize
unlawfully
imported
engines.
(
b)
Temporarily
imported
engines.
If
you
do
not
comply
with
the
provisions
of
this
subpart
for
a
temporary
exemption,
you
may
forfeit
the
total
amount
of
the
bond
in
addition
to
the
sanctions
we
identify
in
paragraph
(
a)
of
this
section.
We
will
consider
an
engine
to
be
exported
if
it
has
been
destroyed
or
delivered
to
the
U.
S.
Customs
Service
for
export
or
other
disposition
under
applicable
Customs
laws
and
regulations.
EPA
or
the
U.
S.
Customs
Service
may
offer
you
a
grace
period
to
allow
you
to
export
a
temporarily
exempted
engine
without
penalty
after
the
exemption
expires.

Subpart
E
 
Selective
Enforcement
Auditing
§
1068.401
What
is
a
selective
enforcement
audit?

(
a)
We
may
conduct
or
require
you
to
conduct
emission
tests
on
your
production
engines
in
a
selective
enforcement
audit.
This
requirement
is
independent
of
any
requirement
for
you
to
routinely
test
production­
line
engines.
(
b)
If
we
send
you
a
signed
test
order,
you
must
follow
its
directions
and
the
provisions
of
this
subpart.
We
will
tell
you
where
to
test
the
engines.
This
may
be
where
you
produce
the
engines
or
any
other
emission
testing
facility.
(
c)
If
we
select
one
or
more
of
your
engine
families
for
a
selective
enforcement
audit,
we
will
send
the
test
order
to
the
person
who
signed
the
application
for
certification
or
we
will
deliver
it
in
person.
(
d)
Within
one
working
day
of
receiving
the
test
order,
notify
the
Designated
Officer
which
test
facility
you
have
selected
for
emission
testing.
(
e)
You
must
do
everything
we
require
in
the
audit
without
delay.

§
1068.405
What
is
in
a
test
order?

(
a)
In
the
test
order,
we
will
specify
the
following
things:
(
1)
The
engine
family
and
configuration
(
if
any)
we
have
identified
for
testing.
(
2)
The
engine
assembly
plant,
storage
facility,
or
(
if
you
import
the
engines)
port
facility
from
which
you
must
select
engines.
(
3)
The
procedure
for
selecting
engines
for
testing,
including
a
selection
rate.
(
4)
The
test
procedures,
duty
cycles,
and
test
points,
as
appropriate,
for
testing
the
engines
to
show
that
they
meet
emission
standards.
(
b)
We
may
state
that
we
will
select
the
test
engines.
(
c)
We
may
identify
alternate
engine
families
or
configurations
for
testing
in
case
we
determine
the
intended
engines
are
not
available
for
testing
or
if
you
do
not
produce
enough
engines
to
meet
the
minimum
rate
for
selecting
test
engines.
(
d)
We
may
include
other
directions
or
information
in
the
test
order.
(
e)
We
may
ask
you
to
show
us
that
you
meet
any
additional
requirements
that
apply
to
your
engines
(
closed
crankcases,
for
example).
(
f)
In
anticipation
of
a
potential
audit,
you
may
give
us
a
list
of
your
preferred
engine
families
and
the
corresponding
assembly
plants,
storage
facilities,
or
(
if
you
import
the
engines)
port
facilities
from
which
we
should
select
engines
for
testing.
The
information
would
apply
only
for
a
single
model
year,
so
it
would
be
best
to
include
this
information
in
your
application
for
certification.
If
you
give
us
this
list
before
we
issue
a
test
order,
we
will
consider
your
recommendations,
but
we
may
select
engines
differently.
(
g)
If
you
also
do
routine
productionline
testing
with
the
selected
engine
family
in
the
same
time
period,
the
test
order
will
tell
you
what
changes
you
might
need
to
make
in
your
productionline
testing
schedule.

§
1068.410
How
must
I
select
and
prepare
my
engines?
(
a)
Selecting
engines.
Select
engines
as
described
in
the
test
order.
If
you
are
unable
to
select
test
engines
this
way,
you
may
ask
us
to
approve
an
alternate
plan,
as
long
as
you
make
the
request
before
you
start
selecting
engines.
(
b)
Assembling
engines.
Produce
and
assemble
test
engines
using
your
normal
production
and
assembly
process
for
that
engine
family.
(
1)
Notify
us
directly
if
you
make
any
change
in
your
production,
assembly,
or
quality
control
processes
that
might
affect
emissions
between
the
time
you
receive
the
test
order
and
the
time
you
finish
selecting
test
engines.
(
2)
If
you
do
not
fully
assemble
engines
at
the
specified
location,
we
will
describe
in
the
test
order
how
to
select
components
to
finish
assembling
the
engines.
Assemble
these
components
onto
the
test
engines
using
your
documented
assembly
and
quality
control
procedures.
(
c)
Modifying
engines.
Once
an
engine
is
selected
for
testing,
you
may
adjust,

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repair,
prepare,
or
modify
it
or
check
its
emissions
only
if
one
of
the
following
is
true:
(
1)
You
document
the
need
for
doing
so
in
your
procedures
for
assembling
and
inspecting
all
your
production
engines
and
make
the
action
routine
for
all
the
engines
in
the
engine
family.
(
2)
This
subpart
otherwise
allows
your
action.
(
3)
We
approve
your
action
in
advance.
(
d)
Engine
malfunction.
If
an
engine
malfunction
prevents
further
emission
testing,
ask
us
to
approve
your
decision
to
either
repair
the
engine
or
delete
it
from
the
test
sequence.
(
e)
Setting
adjustable
parameters.
Before
any
test,
we
may
adjust
or
require
you
to
adjust
any
adjustable
parameter
to
any
setting
within
its
physically
adjustable
range.
(
1)
We
may
adjust
idle
speed
outside
the
physically
adjustable
range
as
needed
until
the
engine
has
stabilized
emission
levels
(
see
paragraph
(
e)
of
this
section).
We
may
ask
you
for
information
needed
to
establish
an
alternate
minimum
idle
speed.
(
2)
We
may
make
or
specify
adjustments
within
the
physically
adjustable
range
by
considering
their
effect
on
emission
levels,
as
well
as
how
likely
it
is
someone
will
make
such
an
adjustment
with
in­
use
engines.
(
f)
Stabilizing
emission
levels.
Before
you
test
production­
line
engines,
you
may
operate
the
engine
to
stabilize
the
emission
levels.
Using
good
engineering
judgment,
operate
your
engines
in
a
way
that
represents
the
way
production
engines
will
be
used.
You
may
operate
each
engine
for
no
more
than
the
greater
of
two
periods:
(
1)
50
hours.
(
2)
The
number
of
hours
you
operated
your
emission­
data
engine
for
certifying
the
engine
family
(
see
40
CFR
part
1065,
subpart
E).
(
g)
Damage
during
shipment.
If
shipping
an
engine
to
a
remote
facility
for
production­
line
testing
makes
necessary
an
adjustment
or
repair,
you
must
wait
until
after
the
initial
emission
test
to
do
this
work.
We
may
waive
this
requirement
if
the
test
would
be
impossible
or
unsafe,
or
if
it
would
permanently
damage
the
engine.
Report
to
us,
in
your
written
report
under
§
1068.450,
all
adjustments
or
repairs
you
make
on
test
engines
before
each
test.
(
h)
Shipping
engines.
If
you
need
to
ship
engines
to
another
facility
for
testing,
make
sure
the
test
engines
arrive
at
the
test
facility
within
24
hours
after
being
selected.
You
may
ask
that
we
allow
more
time
if
you
are
unable
to
do
this.
(
i)
Retesting
after
invalid
tests.
You
may
retest
an
engine
if
you
determine
an
emission
test
is
invalid.
Explain
in
your
written
report
reasons
for
invalidating
any
test
and
the
emission
results
from
all
tests.
If
you
retest
an
engine
and,
within
ten
days
after
testing,
ask
to
substitute
results
of
the
new
tests
for
the
original
ones,
we
will
answer
within
ten
days
after
we
receive
your
information.

§
1068.415
How
do
I
test
my
engines?

(
a)
Use
the
test
procedures
specified
in
the
standard­
setting
part
for
showing
that
your
engines
meet
emission
standards.
The
test
order
will
give
further
testing
instructions.
(
b)
If
no
test
cells
are
available
at
a
given
facility,
you
may
make
alternate
testing
arrangements
with
our
approval.
(
c)
Test
at
least
two
engines
in
each
24­
hour
period
(
including
void
tests).
However,
if
your
projected
U.
S.
nonroad
engine
sales
within
the
engine
family
are
less
than
7,500
for
the
year,
you
may
test
a
minimum
of
one
engine
per
24­
hour
period.
If
you
request
and
justify
it,
we
may
approve
a
lower
testing
rate.
(
d)
Accumulate
service
on
test
engines
at
a
minimum
rate
of
6
hours
per
engine
during
each
24­
hour
period.
The
first
24­
hour
period
for
service
accumulation
begins
when
you
finish
preparing
an
engine
for
testing.
The
minimum
service
accumulation
rate
does
not
apply
on
weekends
or
holidays.
You
may
ask
us
to
approve
a
lower
service
accumulation
rate.
Plan
your
service
accumulation
to
allow
testing
at
the
rate
specified
in
§
1068.415.
Select
engine
operation
for
accumulating
operating
hours
on
your
test
engines
to
represent
normal
in­
use
engine
operation
for
the
engine
family.
(
e)
Test
engines
is
the
same
order
you
select
them.

§
1068.420
How
do
I
know
when
my
engine
family
fails
an
SEA?

(
a)
A
failed
engine
is
one
whose
final
deteriorated
test
results
exceed
an
applicable
emission
standard
for
any
regulated
pollutant.
(
b)
Continue
testing
engines
until
you
reach
a
pass
decision
for
all
pollutants
or
a
fail
decision
for
one
pollutant.
(
c)
You
reach
a
pass
decision
for
the
SEA
requirements
when
the
number
of
failed
engines
is
less
than
or
equal
to
the
pass
decision
number
in
Appendix
A
to
this
subpart
for
the
total
number
of
engines
tested.
You
reach
a
fail
decision
for
the
SEA
requirements
when
the
number
of
failed
engines
is
greater
than
or
equal
to
the
fail
decision
number
in
Appendix
A
to
this
subpart
for
the
total
number
of
engines
you
test.
An
acceptable
quality
level
of
40
percent
is
the
basis
for
the
pass
or
fail
decision.
(
d)
Consider
test
results
in
the
same
order
as
the
engine
testing
sequence.
(
e)
If
you
reach
a
pass
decision
for
one
pollutant,
but
need
to
continue
testing
for
another
pollutant,
we
will
disregard
these
later
test
results
for
the
pollutant
with
the
pass
decision.
(
f)
Appendix
A
to
this
subpart
lists
multiple
sampling
plans.
Use
the
sampling
plan
for
the
projected
sales
volume
you
reported
in
your
application
for
the
audited
engine
family.
(
g)
We
may
choose
to
stop
testing
after
any
number
of
tests.
(
h)
If
we
test
some
of
your
engines
in
addition
to
your
own
testing,
we
may
decide
not
to
include
your
test
results
as
official
data
for
those
engines
if
there
is
substantial
disagreement
between
your
testing
and
our
testing.
We
will
reinstate
your
data
as
valid
if
you
show
us
that
we
made
an
error
and
your
data
are
correct.
(
i)
If
we
rely
on
our
test
data
instead
of
yours,
we
will
notify
you
in
writing
of
our
decision
and
the
reasons
we
believe
your
facility
is
not
appropriate
for
doing
the
tests
we
require
under
this
subpart.
You
may
request
in
writing
that
we
consider
your
test
results
from
the
same
facility
for
future
testing
if
you
show
us
that
you
have
made
changes
to
resolve
the
problem.

§
1068.425
What
happens
if
one
of
my
production­
line
engines
exceeds
the
emission
standards?
(
a)
If
one
of
your
production­
line
engines
fails
to
meet
one
or
more
emission
standards
(
see
§
1068.420),
the
certificate
of
conformity
is
automatically
suspended
for
that
engine.
You
must
take
the
following
actions
before
your
certificate
of
conformity
can
cover
that
engine:
(
1)
Correct
the
problem
and
retest
the
engine
to
show
it
complies
with
all
emission
standards.
(
2)
Include
in
your
written
report
a
description
of
the
test
results
and
the
remedy
for
each
engine
(
see
§
1068.450).
(
b)
You
may
at
any
time
ask
for
a
hearing
to
determine
whether
the
tests
and
sampling
methods
were
proper
(
see
subpart
G
of
this
part).

§
1068.430
What
happens
if
an
engine
family
fails
an
SEA?
(
a)
We
may
suspend
your
certificate
of
conformity
for
an
engine
family
if
it
fails
the
SEA
under
§
1068.420.
The
suspension
may
apply
to
all
facilities
producing
engines
from
an
engine
family,
even
if
you
find
noncompliant
engines
only
at
one
facility.
(
b)
We
will
tell
you
in
writing
if
we
suspend
your
certificate
in
whole
or
in
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Rules
and
Regulations
part.
We
will
not
suspend
a
certificate
until
at
least
15
days
after
the
engine
family
fails
the
SEA.
The
suspension
is
effective
when
you
receive
our
notice.
(
c)
Up
to
15
days
after
we
suspend
the
certificate
for
an
engine
family,
you
may
ask
for
a
hearing
to
determine
whether
the
tests
and
sampling
methods
were
proper
(
see
subpart
G
of
this
part).
If
we
agree
before
a
hearing
that
we
used
erroneous
information
in
deciding
to
suspend
the
certificate,
we
will
reinstate
the
certificate.

§
1068.435
May
I
sell
engines
from
an
engine
family
with
a
suspended
certificate
of
conformity?
You
may
sell
engines
that
you
produce
after
we
suspend
the
engine
family's
certificate
of
conformity
only
if
one
of
the
following
occurs:
(
a)
You
test
each
engine
you
produce
and
show
it
complies
with
emission
standards
that
apply.
(
b)
We
conditionally
reinstate
the
certificate
for
the
engine
family.
We
may
do
so
if
you
agree
to
recall
all
the
affected
engines
and
remedy
any
noncompliance
at
no
expense
to
the
owner
if
later
testing
shows
that
engines
in
the
engine
family
still
do
not
comply.

§
1068.440
How
do
I
ask
EPA
to
reinstate
my
suspended
certificate?
(
a)
Send
us
a
written
report
asking
us
to
reinstate
your
suspended
certificate.
In
your
report,
identify
the
reason
for
the
SEA
failure,
propose
a
remedy,
and
commit
to
a
date
for
carrying
it
out.
In
your
proposed
remedy
include
any
quality
control
measures
you
propose
to
keep
the
problem
from
happening
again.
(
b)
Give
us
data
from
production­
line
testing
showing
that
engines
in
the
remedied
engine
family
comply
with
all
the
emission
standards
that
apply.

§
1068.445
When
may
EPA
revoke
my
certificate
under
this
subpart
and
how
may
I
sell
these
engines
again?
(
a)
We
may
revoke
your
certificate
for
an
engine
family
in
the
following
cases:
(
1)
You
do
not
meet
the
reporting
requirements.
(
2)
Your
engine
family
fails
an
SEA
and
your
proposed
remedy
to
address
a
suspended
certificate
is
inadequate
to
solve
the
problem
or
requires
you
to
change
the
engine's
design
or
emissioncontrol
system.
(
b)
To
sell
engines
from
an
engine
family
with
a
revoked
certificate
of
conformity,
you
must
modify
the
engine
family
and
then
show
it
complies
with
the
applicable
requirements.
(
1)
If
we
determine
your
proposed
design
change
may
not
control
emissions
for
the
engine's
full
useful
life,
we
will
tell
you
within
five
working
days
after
receiving
your
report.
In
this
case
we
will
decide
whether
production­
line
testing
will
be
enough
for
us
to
evaluate
the
change
or
whether
you
need
to
do
more
testing.
(
2)
Unless
we
require
more
testing,
you
may
show
compliance
by
testing
production­
line
engines
as
described
in
this
subpart.
(
3)
We
will
issue
a
new
or
updated
certificate
of
conformity
when
you
have
met
these
requirements.

§
1068.450
What
records
must
I
send
to
EPA?

(
a)
Within
30
calendar
days
of
the
end
of
each
audit,
send
us
a
report
with
the
following
information:
(
1)
Describe
any
facility
used
to
test
production­
line
engines
and
state
its
location.
(
2)
State
the
total
U.
S.­
directed
production
volume
and
number
of
tests
for
each
engine
family.
(
3)
Describe
your
test
engines,
including
the
engine
family's
identification
and
the
engine's
model
year,
build
date,
model
number,
identification
number,
and
number
of
hours
of
operation
before
testing
for
each
test
engine.
(
4)
Identify
where
you
accumulated
hours
of
operation
on
the
engines
and
describe
the
procedure
and
schedule
you
used.
(
5)
Provide
the
test
number;
the
date,
time
and
duration
of
testing;
test
procedure;
initial
test
results
before
and
after
rounding;
final
test
results;
and
final
deteriorated
test
results
for
all
tests.
Provide
the
emission
figures
for
all
measured
pollutants.
Include
information
for
both
valid
and
invalid
tests
and
the
reason
for
any
invalidation.
(
6)
Describe
completely
and
justify
any
nonroutine
adjustment,
modification,
repair,
preparation,
maintenance,
or
test
for
the
test
engine
if
you
did
not
report
it
separately
under
this
subpart.
Include
the
results
of
any
emission
measurements,
regardless
of
the
procedure
or
type
of
equipment.
(
7)
Report
on
each
failed
engine
as
described
in
§
1068.425.
(
b)
We
may
ask
you
to
add
information
to
your
written
report,
so
we
can
determine
whether
your
new
engines
conform
with
the
requirements
of
this
subpart.
(
c)
An
authorized
representative
of
your
company
must
sign
the
following
statement:

We
submit
this
report
under
Sections
208
and
213
of
the
Clean
Air
Act.
Ourtesting
conformed
completely
with
the
requirements
of
40
CFR
part
1068.
We
have
not
changed
production
processes
or
quality­
control
procedures
for
the
engine
family
in
a
way
that
might
affect
the
emission
control
from
production
engines.
All
the
information
in
this
report
is
true
and
accurate,
to
the
best
of
my
knowledge.
I
know
of
the
penalties
for
violating
the
Clean
Air
Act
and
the
regulations.
(
Authorized
Company
Representative)

(
d)
Send
reports
of
your
testing
to
the
Designated
Officer
using
an
approved
information
format.
If
you
want
to
use
a
different
format,
send
us
a
written
request
with
justification
for
a
waiver.
(
e)
We
will
send
copies
of
your
reports
to
anyone
from
the
public
who
asks
for
them.
We
will
release
information
about
your
sales
or
production
volumes,
which
is
all
we
will
consider
confidential.

§
1068.455
What
records
must
I
keep?

(
a)
We
may
review
your
records
at
any
time,
so
it
is
important
to
keep
required
information
readily
available.
Organize
and
maintain
your
records
as
described
in
this
section.
(
b)
Keep
paper
records
for
testing
under
this
subpart
for
one
full
year
after
you
complete
all
the
testing
required
for
the
selective
enforcement
audit.
For
additional
storage,
you
may
use
any
format
or
media.
(
c)
Keep
a
copy
of
the
written
reports
described
in
§
1068.450.
(
d)
Keep
the
following
additional
records:
(
1)
The
names
of
supervisors
involved
in
each
test.
(
2)
The
name
of
anyone
who
authorizes
adjusting,
repairing,
preparing,
or
modifying
a
test
engine
and
the
names
of
all
supervisors
who
oversee
this
work.
(
3)
If
you
shipped
the
engine
for
testing,
the
date
you
shipped
it,
the
associated
storage
or
port
facility,
and
the
date
the
engine
arrived
at
the
testing
facility.
(
4)
Any
records
related
to
your
audit
that
are
not
in
the
written
report.
(
5)
A
brief
description
of
any
significant
events
during
testing
not
otherwise
described
in
the
written
report
or
in
this
section.
(
e)
If
we
ask,
you
must
give
us
projected
or
actual
production
for
an
engine
family.
Include
each
assembly
plant
if
you
produce
engines
at
more
than
one
plant.
(
f)
We
may
ask
you
to
keep
or
send
other
information
necessary
to
implement
this
subpart.

Appendix
A
to
Subpart
E
of
Part
1068
 
Plans
for
Selective
Enforcement
Auditing
The
following
tables
describe
sampling
plans
for
selective
enforcement
audits,
as
described
in
§
1068.420:

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Rules
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Regulations
TABLE
A
 
1.
 
SAMPLING
PLAN
CODE
LETTER
Projected
engine
family
sales
Code
letter
1
Minimum
number
of
tests
Maximum
number
of
tests
To
pass
To
fail
20
 
50
.............................................................................................................................
AA
3
5
20
20
 
99
.............................................................................................................................
A
4
6
30
100
 
299
.........................................................................................................................
B
5
6
40
300
 
499
.........................................................................................................................
C
5
6
50
500
+
................................................................................................................................
D
5
6
60
1
A
manufacturer
may
optionally
use
either
the
sampling
plan
for
code
letter
``
AA''
or
sampling
plan
for
code
letter
``
A''
for
Selective
enforcement
Audits
of
engine
families
with
annual
sales
between
20
and
50
engines.
Additionally,
the
manufacturer
may
switch
between
these
plans
during
the
audit.

TABLE
A
 
2.
 
SAMPLING
PLANS
FOR
DIFFERENT
ENGINE
FAMILY
SALES
VOLUMES
Stage
a
AA
A
B
C
D
Pass
#
Fail
#
Pass
#
Fail
#
Pass
#
Fail
#
Pass
#
Fail
#
Pass
#
Fail
#

1.

2.

3
........................
0
4
........................
....................
0
5
........................
1
5
0
0
0
0
6
........................
1
6
1
6
1
6
0
6
0
6
7
........................
2
6
1
7
1
7
1
7
1
7
8
........................
2
7
2
7
2
7
2
7
2
8
9
........................
3
7
2
8
2
8
2
8
2
8
10
......................
3
8
3
8
3
8
3
9
3
9
11
......................
4
8
3
8
3
9
3
9
3
9
12
......................
4
9
4
9
4
9
4
10
4
10
13
......................
5
9
5
10
4
10
4
10
4
10
14
......................
5
10
5
10
5
10
5
11
5
11
15
......................
6
10
6
11
5
11
5
11
5
11
16
......................
6
10
6
11
6
12
6
12
6
12
17
......................
7
10
7
12
6
12
6
12
6
12
18
......................
8
10
7
12
7
13
7
13
7
13
19
......................
8
10
8
13
8
13
7
13
7
13
20
......................
9
10
8
13
8
14
8
14
8
14
21
......................
9
14
9
14
8
14
8
14
22
......................
10
14
9
15
9
15
9
15
23
......................
10
15
10
15
10
15
9
15
24
......................
11
15
10
16
10
16
10
16
25
......................
11
16
11
16
11
16
11
16
26
......................
12
16
11
17
11
17
11
17
27
......................
12
17
12
17
12
17
12
17
28
......................
13
17
12
18
12
18
12
18
29
......................
14
17
13
18
13
18
13
19
30
......................
16
17
13
19
13
19
13
19
31
......................
14
19
14
19
14
20
32
......................
14
20
14
20
14
20
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/
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November
8,
2002
/
Rules
and
Regulations
TABLE
A
 
2.
 
SAMPLING
PLANS
FOR
DIFFERENT
ENGINE
FAMILY
SALES
VOLUMES
 
Continued
Stage
a
AA
A
B
C
D
Pass
#
Fail
#
Pass
#
Fail
#
Pass
#
Fail
#
Pass
#
Fail
#
Pass
#
Fail
#

33
......................
15
20
15
20
15
21
34
......................
16
21
15
21
15
21
35
......................
16
21
16
21
16
22
36
......................
17
22
16
22
16
22
37
......................
17
22
17
22
17
23
38
......................
18
22
18
23
17
23
39
......................
18
22
18
23
18
24
40
......................
21
22
19
24
18
24
41
......................
19
24
19
25
42
......................
20
25
19
26
43
......................
20
25
20
26
44
......................
21
26
21
27
45
......................
21
27
21
27
46
......................
22
27
22
28
47
......................
22
27
22
28
48
......................
23
27
23
29
49
......................
23
27
23
29
50
......................
26
27
24
30
51
......................
24
30
52
......................
25
31
53
......................
25
31
54
......................
26
32
55
......................
26
32
56
......................
27
33
57
......................
27
33
58
......................
28
33
59
......................
28
33
60
32
33
a
Stage
refers
to
the
cumulative
number
of
engines
tested.

Subpart
F
 
Reporting
Defects
and
Recalling
Engines
§
1068.501
How
do
I
report
engine
defects?
(
a)
General
provisions.
As
an
engine
manufacturer,
you
must
investigate
in
certain
circumstances
whether
emission­
related
components
are
defective
and
send
us
reports
as
specified
by
this
section.
(
1)
The
term
emission­
related
component
includes
those
components
listed
in
Appendix
I
of
this
part.
For
the
purposes
of
this
section,
complete
engines
shall
also
be
considered
an
emissions­
related
component.
It
also
includes
factory
settings
of
emissionrelated
parameters
and
specifications
listed
in
Appendix
II
of
this
part.
(
2)
For
the
purposes
of
this
section,
defects
do
not
include
damage
to
emission­
related
components
(
or
maladjustment
of
parameters)
caused
by
owners
improperly
maintaining
or
abusing
their
engine.
(
3)
You
must
track
the
information
specified
in
paragraph
(
b)(
1)
of
this
section.
You
are
not
required
to
collect
additional
information
other
than
that
specified
in
paragraph
(
b)(
1)
of
this
section
before
reaching
the
threshold
for
an
investigation
specified
in
paragraph
(
e)
of
this
section.
(
4)
You
may
ask
us
to
allow
you
to
use
alternate
methods
for
tracking,
investigating,
reporting,
and
correcting
emission­
related
defects.
In
your
request,
explain
and
demonstrate
why
you
believe
your
alternate
system
will
be
at
least
as
effective
in
tracking,
identifying,
investigating,
evaluating,
reporting,
and
correcting
potential
and
actual
emissions­
related
defects
as
the
requirements
in
this
section.
(
5)
If
we
determine
that
emissionrelated
defects
result
in
a
substantial
number
of
properly
maintained
and
used
engines
not
conforming
to
the
regulations
of
this
chapter
during
their
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/
Rules
and
Regulations
useful
life,
we
may
order
you
to
conduct
a
recall
of
your
engines
(
see
§
1068.505).
(
6)
Send
the
defect
reports
and
status
reports
required
by
this
section
to
the
Designated
Officer.
(
b)
Investigation
of
possible
defects.
If
the
number
of
engines
that
possibly
have
a
defect,
as
defined
by
paragraph
(
b)(
1)
of
this
section,
exceed
the
thresholds
specified
in
paragraph
(
e)
of
this
section,
you
must
conduct
an
investigation
to
determine
if
an
emission­
related
component
is
actually
defective.
(
1)
You
must
track
warranty
claims,
parts
shipments,
and
the
other
information
specified
in
paragraph
(
b)(
1)(
iii)
of
this
section.
You
must
classify
an
engine
as
possibly
having
a
defective
component
if
any
of
the
following
is
true:
(
i)
A
warranty
claim
is
submitted
for
the
component,
whether
this
is
under
your
emission­
related
warranty
or
any
other
warranty.
(
ii)
You
ship
a
replacement
component
other
than
for
normally
scheduled
maintenance
during
the
useful
life
of
the
engine.
(
iii)
You
receive
any
other
information
indicating
the
component
may
be
defective,
such
as
information
from
dealers
or
hot
line
complaints.
(
2)
Your
investigation
must
be
prompt,
thorough,
consider
all
relevant
information,
follow
scientific
and
engineering
principles,
and
be
designed
to
obtain
all
the
information
specified
in
paragraph
(
d)
of
this
section.
(
3)
Your
investigation
only
needs
to
consider
defects
that
occur
within
the
useful
life
period,
or
within
five
years
after
the
end
of
the
model
year,
whichever
is
longer.
(
4)
You
must
continue
your
investigation
until
you
are
able
to
obtain
all
the
information
specified
for
a
defect
report
in
paragraph
(
d)
of
this
section.
Send
us
an
updated
defect
report
anytime
you
have
significant
additional
information.
(
5)
If
a
component
believed
to
be
defective
is
used
in
additional
engine
families
or
model
years,
you
must
investigate
whether
the
component
or
part
is
defective
when
used
in
these
additional
engine
families
or
model
years,
and
include
these
results
as
part
of
your
defect
report.
(
6)
If
your
initial
investigation
concludes
that
the
number
of
engines
with
a
defect
is
fewer
than
the
thresholds
specified
in
paragraph
(
f)
of
this
section,
but
other
information
becomes
available
that
may
show
that
the
number
of
engines
with
a
defect
exceeds
these
thresholds,
then
you
must
resume
your
investigation.
If
you
resume
an
investigation,
you
must
include
the
information
from
the
earlier
investigation
to
determine
whether
to
send
a
defect
report.
(
c)
Reporting
defects.
You
must
send
us
a
defect
report
in
either
of
the
following
cases:
(
1)
Your
investigation
shows
that
the
number
of
engines
with
a
defect
exceeds
the
thresholds
specified
in
paragraph
(
f)
of
this
section.
Send
the
defect
report
within
15
days
after
the
date
you
identify
this
number
of
defective
engines.
(
2)
You
know
a
defective
emissionrelated
component
exists
in
a
number
of
engines
that
exceeds
the
thresholds
specified
in
paragraph
(
f)
of
this
section,
regardless
of
how
you
obtain
this
information.
Send
the
defect
report
within
15
days
after
you
learn
that
the
number
of
defects
exceeds
one
of
these
thresholds.
(
d)
Contents
of
a
defect
report.
Include
the
following
information
in
a
defect
report:
(
1)
Your
corporate
name
and
a
person
to
contact
regarding
this
defect.
(
2)
A
description
of
the
defect,
including
a
summary
of
any
engineering
analyses
and
associated
data,
if
available.
(
3)
A
description
of
the
engines
that
may
have
the
defect,
including
engine
families,
models,
and
range
of
production
dates.
Note
that
you
must
address
all
model
years
for
the
engines,
not
just
the
model
year
for
which
you
triggered
the
reporting
requirement.
(
4)
An
estimate
of
the
number
and
percentage
of
each
class
or
category
of
affected
engines
that
have
or
may
have
the
defect,
and
an
explanation
of
how
you
determined
this
number.
(
5)
An
estimate
of
the
defect's
impact
on
emissions,
with
an
explanation
of
how
you
calculated
this
estimate
and
a
summary
of
any
emission
data
demonstrating
the
impact
of
the
defect,
if
available.
(
6)
A
description
of
your
plan
for
addressing
the
defect
or
an
explanation
of
your
reasons
for
not
believing
the
defects
must
be
remedied.
(
e)
Thresholds
for
conducting
a
defect
investigation.
Unless
the
standardsetting
part
specifies
otherwise,
you
must
begin
a
defect
investigation
based
on
the
following
threshold
values:
(
1)
For
engine
with
rated
power
under
560
kW:
(
i)
When
the
component
is
a
catalytic
converter
(
or
other
aftertreatment
device),
if
the
number
of
engines
in
an
engine
family
that
may
have
the
defect
exceeds
2
percent
of
the
total
number
of
engines
in
the
engine
family
or
2,000
engines,
whichever
is
less.
(
ii)
When
the
emission­
related
component
is
anything
but
a
catalytic
converter
(
or
other
aftertreatment
device),
if
the
number
of
engines
in
an
engine
family
that
may
have
the
defect
exceeds
4
percent
of
the
total
number
of
engines
in
the
engine
family
or
4,000
engines,
whichever
is
less.
(
2)
For
engine
with
rated
power
greater
than
or
equal
to
560
kW,
if
the
number
of
engines
in
an
engine
family
that
may
have
the
defect
exceeds
1
percent
of
the
total
number
of
engines
in
the
engine
family
or
5
engines,
whichever
is
greater.
(
f)
Thresholds
for
filing
a
defect
report.
You
must
send
a
defect
report
based
on
the
following
threshold
values:
(
1)
For
engine
with
rated
power
under
560
kW:
(
i)
When
the
component
is
a
catalytic
converter
(
or
other
aftertreatment
device),
if
the
number
of
engines
in
an
engine
family
that
has
the
defect
exceeds
0.125
percent
of
the
total
number
of
engines
in
the
engine
family
or
125
engines,
whichever
is
less.
(
ii)
When
the
emission­
related
component
is
anything
but
a
catalytic
converter
(
or
other
aftertreatment
device),
if
the
number
of
engines
in
an
engine
family
that
has
the
defect
exceeds
0.250
percent
of
the
total
number
of
engines
in
the
engine
family
or
250
engines,
whichever
is
less.
(
2)
For
engine
with
rated
power
greater
than
or
equal
to
560
kW,
if
the
number
of
engines
in
an
engine
family
that
has
the
defect
exceeds
0.5
percent
of
the
total
number
of
engines
in
the
engine
family
or
2
engines,
whichever
is
greater.
(
g)
How
to
count
defects.
In
most
cases,
you
may
track
defects
separately
for
each
model
year
and
engine
family.
For
families
with
annual
U.
S.­
directed
production
volumes
under
5,000
engines,
you
may
apply
the
percentage
thresholds
in
paragraphs
(
e)
and
(
f)
of
this
section
on
the
basis
of
multiple
model
years,
for
engines
using
the
same
emission­
related
components.
To
determine
whether
you
exceed
the
investigation
threshold
in
paragraph
(
e)
of
this
section,
count
defects
that
you
correct
before
they
reach
the
ultimate
purchaser.
Do
not
count
these
corrected
defects
to
determine
whether
you
exceed
the
reporting
threshold
in
paragraph
(
f)
of
this
section.
(
h)
Status
reports.
You
must
send
us
a
mid­
year
or
end­
of­
year
status
report
if
you
concluded
an
investigation
during
the
previous
six
months
without
filing
a
defect
report
or
if
you
have
an
unresolved
investigation
at
the
end
of
the
six­
month
period.
Include
the
information
specified
in
paragraph
(
c)
of
this
section,
or
explain
why
the
information
is
not
relevant.
Send
these
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217
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November
8,
2002
/
Rules
and
Regulations
status
reports
no
later
than
June
30
and
December
31
of
each
year.
(
i)
Future
production.
If
you
identify
a
design
or
manufacturing
defect
that
prevents
engines
from
meeting
the
requirements
of
this
part,
you
must
correct
the
defect
as
soon
as
possible
for
any
future
production
for
engines
in
every
family
affected
by
the
defect.
This
applies
without
regard
to
whether
you
are
required
to
conduct
a
defect
investigation
or
submit
a
defect
report
under
this
section.

§
1068.505
How
does
the
recall
program
work?
(
a)
If
we
make
a
determination
that
a
substantial
number
of
properly
maintained
and
used
engines
do
not
conform
to
the
regulations
of
this
chapter
during
their
useful
life,
you
must
submit
a
plan
to
remedy
the
nonconformity
of
your
engines.
We
will
notify
you
of
our
determination
in
writing.
Our
notice
will
identify
the
class
or
category
of
engines
affected
and
describe
how
we
reached
our
conclusion.
If
this
happens,
you
must
meet
the
requirements
and
follow
the
instructions
in
this
subpart.
You
must
remedy
at
your
expense
noncompliant
engines
that
have
been
properly
maintained
and
used.
You
may
not
transfer
this
expense
to
a
dealer
or
equipment
manufacturer
through
a
franchise
or
other
agreement.
(
b)
You
may
ask
for
a
hearing
if
you
disagree
with
our
determination
(
see
subpart
G
of
this
part).
(
c)
Unless
we
withdraw
the
determination
of
noncompliance,
you
must
respond
to
it
by
sending
a
remedial
plan
to
the
Designated
Officer
by
the
later
of
these
two
deadlines:
(
1)
Within
60
days
after
we
notify
you.
(
2)
Within
60
days
after
a
hearing.
(
d)
Once
you
have
sold
an
engine
to
the
ultimate
purchaser,
we
may
inspect
or
test
the
engine
only
if
he
or
she
permits
it,
or
if
state
or
local
inspection
programs
separately
provide
for
it.
(
e)
You
may
ask
us
to
allow
you
to
conduct
your
recall
differently
than
specified
in
this
subpart,
consistent
with
section
207(
c)
of
the
Act.

§
1068.510
How
do
I
prepare
and
apply
my
remedial
plan?
(
a)
In
your
remedial
plan,
describe
all
of
the
following:
(
1)
The
class
or
category
of
engines
to
be
recalled,
including
the
number
of
engines
involved
and
the
model
year
or
other
information
needed
to
identify
the
engines.
(
2)
The
modifications,
alterations,
repairs,
corrections,
adjustments,
or
other
changes
you
will
make
to
correct
the
affected
engines.
(
3)
A
brief
description
of
the
studies,
tests,
and
data
that
support
the
effectiveness
of
the
remedy
you
propose
to
use.
(
4)
The
instructions
you
will
send
to
those
who
will
repair
the
engines
under
the
remedial
plan.
(
5)
How
you
will
determine
the
owners'
names
and
addresses.
(
6)
How
you
will
notify
owners;
include
copies
of
any
notification
letters.
(
7)
The
proper
maintenance
or
use
you
will
specify,
if
any,
as
a
condition
to
be
eligible
for
repair
under
the
remedial
plan.
Describe
how
owners
should
show
they
meet
your
conditions.
(
8)
The
steps
owners
must
take
for
you
to
do
the
repair.
You
may
set
a
date
or
a
range
of
dates,
specify
the
amount
of
time
you
need,
and
designate
certain
facilities
to
do
the
repairs.
(
9)
Which
company
(
or
group)
you
will
assign
to
do
or
manage
the
repairs.
(
10)
If
your
employees
or
authorized
warranty
agents
will
not
be
doing
the
work,
state
who
will
and
say
they
can
do
it.
(
11)
How
you
will
ensure
an
adequate
and
timely
supply
of
parts.
(
12)
The
effect
of
proposed
changes
on
fuel
consumption,
driveability,
and
safety
of
the
engines
you
will
recall;
include
a
brief
summary
of
the
information
supporting
these
conclusions.
(
13)
How
you
intend
to
label
the
engines
you
repair
and
where
you
will
place
the
label
on
the
engine
(
see
§
1068.515).
(
b)
We
may
require
you
to
add
information
to
your
remedial
plan.
(
c)
We
may
require
you
to
test
the
proposed
repair
to
show
it
will
remedy
the
noncompliance.
(
d)
Use
all
reasonable
means
to
locate
owners.
We
may
require
you
to
use
government
or
commercial
registration
lists
to
get
owners'
names
and
addresses,
so
your
notice
will
be
effective.
(
e)
The
maintenance
or
use
that
you
specify
as
a
condition
for
eligibility
under
the
remedial
plan
may
include
only
things
you
can
show
would
cause
noncompliance.
Do
not
require
use
of
a
component
or
service
identified
by
brand,
trade,
or
corporate
name,
unless
we
approved
this
approach
with
your
original
certificate
of
conformity.
Also,
do
not
place
conditions
on
who
maintained
the
engine.
(
f)
We
may
require
you
to
adjust
your
repair
plan
if
we
determine
owners
would
be
without
their
engines
or
equipment
for
an
unreasonably
long
time.
(
g)
We
will
tell
you
in
writing
within
15
days
of
receiving
your
remedial
plan
whether
we
have
approved
or
disapproved
it.
We
will
explain
our
reasons
for
any
disapproval.
(
h)
Begin
notifying
owners
within
15
days
after
we
approve
your
remedial
plan.
If
we
hold
a
hearing,
but
do
not
change
our
position
about
the
noncompliance,
you
must
begin
notifying
owners
within
60
days
after
we
complete
the
hearing,
unless
we
specify
otherwise.

§
1068.515
How
do
I
mark
or
label
repaired
engines?
(
a)
Attach
a
label
to
each
engine
you
repair
under
the
remedial
plan.
At
your
discretion,
you
may
label
or
mark
engines
you
inspect
but
do
not
repair.
(
b)
Make
the
label
from
a
durable
material
suitable
for
its
planned
location.
Make
sure
no
one
can
remove
the
label
without
destroying
or
defacing
it.
(
c)
On
the
label,
designate
the
specific
recall
campaign
and
state
where
you
repaired
or
inspected
the
engine.
(
d)
We
may
waive
or
modify
the
labeling
requirements
if
we
determine
they
are
overly
burdensome.

§
1068.520
How
do
I
notify
affected
owners?
(
a)
Notify
owners
by
first
class
mail,
unless
we
say
otherwise.
We
may
require
you
to
use
certified
mail.
Include
the
following
in
your
notice:
(
1)
State:
``
The
U.
S.
Environmental
Protection
Agency
has
determined
that
your
engine
may
be
emitting
pollutants
in
excess
of
the
Federal
emission
standards,
as
defined
in
Title
40
of
the
Code
of
Federal
Regulations.
These
emission
standards
were
established
to
protect
the
public
health
or
welfare
from
air
pollution''.
(
2)
State
that
you
(
or
someone
you
designate)
will
repair
these
engines
at
your
expense.
(
3)
If
we
approved
maintenance
and
use
conditions
in
your
remedial
plan,
state
that
you
will
make
these
repairs
only
if
owners
show
their
engines
meet
the
conditions
for
proper
maintenance
and
use.
Describe
these
conditions
and
how
owners
should
prove
their
engines
are
eligible
for
repair.
(
4)
Describe
the
components
your
repair
will
affect
and
say
generally
how
you
will
repair
the
engines.
(
5)
State
that
the
engine,
if
not
repaired,
may
fail
an
emission
inspection
test
if
state
or
local
law
requires
one.
(
6)
Describe
any
adverse
effects
on
its
performance
or
driveability
that
would
be
caused
by
not
repairing
the
engine.
(
7)
Describe
any
adverse
effects
on
the
functions
of
other
engine
components
that
would
be
caused
by
not
repairing
the
engine.

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/
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67,
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217
/
Friday,
November
8,
2002
/
Rules
and
Regulations
(
8)
Specify
the
date
you
will
start
the
repairs,
the
amount
of
time
you
will
need
to
do
them,
and
where
you
will
do
them.
Include
any
other
information
owners
may
need
to
know.
(
9)
Include
a
self­
addressed
card
that
owners
can
mail
back
if
they
have
sold
the
engine
(
or
equipment
in
which
the
engine
is
installed);
include
a
space
for
owners
to
write
the
name
and
address
of
a
buyer.
(
10)
State
that
owners
should
call
you
at
a
phone
number
you
give
to
report
any
difficulty
in
obtaining
repairs.
(
11)
State:
``
To
ensure
your
full
protection
under
the
emission
warranty
on
your
engine
by
federal
law,
and
your
right
to
participate
in
future
recalls,
we
recommend
you
have
your
engine
serviced
as
soon
as
possible.
We
may
consider
your
not
servicing
it
to
be
improper
maintenance''.
(
b)
We
may
require
you
to
add
information
to
your
notice
or
to
send
more
notices.
(
c)
You
may
not
in
any
communication
with
owners
or
dealers
say
or
imply
that
your
noncompliance
does
not
exist
or
that
it
will
not
degrade
air
quality.

§
1068.525
What
records
must
I
send
to
EPA?

(
a)
Send
us
a
copy
of
all
communications
related
to
the
remedial
plan
you
sent
to
dealers
and
others
doing
the
repairs.
Mail
or
e­
mail
us
the
information
at
the
same
time
you
send
it
to
others.
(
b)
From
the
time
you
begin
to
notify
owners,
send
us
a
report
within
25
days
of
the
end
of
each
calendar
quarter.
Send
reports
for
six
consecutive
quarters
or
until
all
the
engines
are
inspected,
whichever
comes
first.
In
these
reports,
identify
the
following:
(
1)
The
range
of
dates
you
needed
to
notify
owners.
(
2)
The
total
number
of
notices
sent.
(
3)
The
number
of
engines
you
estimate
fall
under
the
remedial
plan
(
explain
how
you
determined
this
number).
(
4)
The
cumulative
number
of
engines
you
inspected
under
the
remedial
plan.
(
5)
The
cumulative
number
of
these
engines
you
found
needed
the
specified
repair.
(
6)
The
cumulative
number
of
these
engines
you
have
repaired.
(
7)
The
cumulative
number
of
engines
you
determined
to
be
unavailable
due
to
exportation,
theft,
retirement,
or
other
reasons
(
specify).
(
8)
The
cumulative
number
of
engines
you
disqualified
for
not
being
properly
maintained
or
used.
(
c)
If
your
estimated
number
of
engines
falling
under
the
remedial
plan
changes,
change
the
estimate
in
your
next
report
and
add
an
explanation
for
the
change.
(
d)
We
may
ask
for
more
information.
(
e)
We
may
waive
reporting
requirements
or
adjust
the
reporting
schedule.
(
f)
If
anyone
asks
to
see
the
information
in
your
reports,
we
will
follow
the
provisions
of
§
1068.10
for
handling
confidential
information.

§
1068.530
What
records
must
I
keep?
We
may
review
your
records
at
any
time,
so
it
is
important
that
you
keep
required
information
readily
available.
Keep
records
associated
with
your
recall
campaign
for
three
years
after
you
complete
your
remedial
plan.
Organize
and
maintain
your
records
as
described
in
this
section.
(
a)
Keep
a
paper
copy
of
the
written
reports
described
in
§
1068.525.
(
b)
Keep
a
record
of
the
names
and
addresses
of
owners
you
notified.
For
each
engine,
state
whether
you
did
any
of
the
following:
(
1)
Inspected
the
engine.
(
2)
Disqualified
the
engine
for
not
being
properly
maintained
or
used.
(
3)
Completed
the
prescribed
repairs.
(
c)
You
may
keep
the
records
in
paragraph
(
b)
of
this
section
in
any
form
we
can
inspect,
including
computer
databases.

§
1068.535
How
can
I
do
a
voluntary
recall
for
emission­
related
problems?
If
we
have
made
a
determination
that
a
substantial
number
of
properly
maintained
and
used
engines
do
not
conform
to
the
regulations
of
this
chapter
during
their
useful
life,
you
may
not
use
a
voluntary
recall
or
other
alternate
means
to
meet
your
obligation
to
remedy
the
noncompliance.
Thus,
this
section
only
applies
where
you
learn
that
your
engine
family
does
not
meet
the
requirements
of
this
chapter
and
we
have
not
made
such
a
determination.
(
a)
To
do
a
voluntary
recall
under
this
section,
first
send
the
Designated
Officer
a
plan,
following
the
guidelines
in
§
1068.510.
Within
15
days,
we
will
send
you
our
comments
on
your
plan.
(
b)
Once
we
approve
your
plan,
start
notifying
owners
and
carrying
out
the
specified
repairs.
(
c)
From
the
time
you
start
the
recall
campaign,
send
us
a
report
within
25
days
of
the
end
of
each
calendar
quarter,
following
the
guidelines
in
§
1068.525(
b).
Send
reports
for
six
consecutive
quarters
or
until
all
the
engines
are
inspected,
whichever
comes
first.
(
d)
Keep
your
reports
and
the
supporting
information
as
described
in
§
1068.530.
§
1068.540
What
terms
do
I
need
to
know
for
this
subpart?
The
following
terms
apply
to
this
subpart:
Days
means
calendar
days.
Owner
means
someone
who
owns
an
engine
affected
by
a
remedial
plan
or
someone
who
owns
a
piece
of
equipment
that
has
one
of
these
engines.

Subpart
G
 
Hearings
§
1068.601
What
are
the
procedures
for
hearings?
If
we
agree
to
hold
a
hearing
related
to
our
decision
to
order
a
recall
under
§
1068.505,
we
will
hold
the
hearing
according
to
the
provisions
of
40
CFR
85.1807.
For
any
other
issues,
you
may
request
an
informal
hearing,
as
described
in
40
CFR
86.1853
 
01.

Appendix
I
to
Part
1068
 
Emission­
Related
Components
This
appendix
specifies
emission­
related
components
that
we
refer
to
for
describing
such
things
as
emission­
related
defects
or
requirements
related
to
rebuilding
engines.
I.
Emission­
related
components
include
any
engine
parts
related
to
the
following
systems:
1.
Air­
induction
system.
2.
Fuel
system.
3.
Ignition
system.
4.
Exhaust
gas
recirculation
systems.
II.
The
following
parts
are
also
considered
emission­
related
components:
1.
Aftertreatment
devices.
2.
Crankcase
ventilation
valves.
3.
Sensors.
4.
Electronic
control
units.
III.
Emission­
related
components
also
include
any
other
part
whose
only
purpose
is
to
reduce
emissions
or
whose
failure
will
increase
emissions
without
significantly
degrading
engine
performance.
IV.
We
also
consider
the
emission­
control
information
label
to
be
an
emissionrelated
component.

Appendix
II
to
Part
1068
 
Emission­
Related
Parameters
and
Specifications
This
appendix
specifies
emission­
related
parameters
and
specifications
that
we
refer
to
for
describing
such
things
as
emission­
related
defects
or
requirements
related
to
rebuilding
engines.
I.
Basic
Engine
Parameters
 
Reciprocating
Engines.
1.
Compression
ratio.
2.
Type
of
air
aspiration
(
natural,
Rootsblown
supercharged,
turbocharged).
3.
Valves
(
intake
and
exhaust).
a.
Head
diameter
dimension.
b.
Valve
lifter
or
actuator
type
and
valve
lash
dimension.
4.
Camshaft
timing.
a.
Valve
opening
 
intake
exhaust
(
degrees
from
top­
dead
center
or
bottom­
dead
center).
b.
Valve
closing
 
intake
exhaust
(
degrees
from
top­
dead
center
or
bottom­
dead
center).

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8,
2002
/
Rules
and
Regulations
c.
Valve
overlap
(
degrees).
5.
Ports
 
two
stroke
engines
(
intake
and/
or
exhaust).
a.
Flow
area.
b.
Opening
timing
(
degrees
from
top­
dead
center
or
bottom­
dead
center).
c.
Closing
timing
(
degrees
from
top­
dead
center
or
bottom­
dead
center).
II.
Intake
Air
System.
1.
Roots
blower/
supercharger/
turbocharger
calibration.
2.
Charge
air
cooling.
a.
Type
(
air­
to­
air;
air­
to­
liquid).
b.
Type
of
liquid
cooling
(
engine
coolant,
dedicated
cooling
system).
c.
Performance.
3.
Temperature
control
system
calibration.
4.
Maximum
allowable
inlet
air
restriction.
III.
Fuel
System.
1.
General.
a.
Engine
idle
speed.
b.
Engine
idle
mixture.
2.
Carburetion.
a.
Air­
fuel
flow
calibration.
b.
Idle
mixture.
c.
Transient
enrichment
system
calibration.
d.
Starting
enrichment
system
calibration.
e.
Altitude
compensation
system
calibration.
f.
Hot
idle
compensation
system
calibration.
3.
Fuel
injection
for
spark­
ignition
engines.
a.
Control
parameters
and
calibrations.
b.
Idle
mixture.
c.
Fuel
shutoff
system
calibration.
d.
Starting
enrichment
system
calibration.
e.
Transient
enrichment
system
calibration.
f.
Air­
fuel
flow
calibration.
g.
Altitude
compensation
system
calibration.
h.
Operating
pressure(
s).
i.
Injector
timing
calibration.
4.
Fuel
injection
for
compression­
ignition
engines.
a.
Control
parameters
and
calibrations.
b.
Transient
enrichment
system
calibration.
c.
Air­
fuel
flow
calibration.
d.
Altitude
compensation
system
calibration.
e.
Operating
pressure(
s).
f.
Injector
timing
calibration.
IV.
Ignition
System
for
Spark­
ignition
Engines.
1.
Control
parameters
and
calibration.
2.
Initial
timing
setting.
3.
Dwell
setting.
4.
Altitude
compensation
system
calibration.
5.
Spark
plug
voltage.
V.
Engine
Cooling
System
 
thermostat
calibration.
VI.
Exhaust
System
 
maximum
allowable
back
pressure.
VII.
System
for
Controlling
Exhaust
Emissions.
1.
Air
injection
system.
a.
Control
parameters
and
calibrations.
b.
Pump
flow
rate.
2.
EGR
system.
a.
Control
parameters
and
calibrations.
b.
EGR
valve
flow
calibration.
3.
Catalytic
converter
system.
a.
Active
surface
area.
b.
Volume
of
catalyst.
c.
Conversion
efficiency.
4.
Backpressure.
VIII.
System
for
Controlling
Crankcase
Emissions.
1.
Control
parameters
and
calibrations.
2.
Valve
calibrations.
IX.
Auxiliary
Emission
Control
Devices
(
AECD).
1.
Control
parameters
and
calibrations.
2.
Component
calibration(
s).
X.
System
for
Controlling
Evaporative
Emissions.
1.
Control
parameters
and
calibrations.
2.
Fuel
tank.
a.
Volume.
b.
Pressure
and
vacuum
relief
settings.
XI.
Warning
Systems
Related
to
Emission
Controls.
1.
Control
parameters
and
calibrations.
2.
Component
calibrations.

[
FR
Doc.
02
 
23801
Filed
11
 
7
 
02;
8:
45
am]

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CODE
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