Email
from
Charles
Moulis
2/
10/
2004
04:
57
PM
To:"
Kokrda,
Kevin"
<
kkokrda@
emamail.
org>

cc:
Cleophas
Jackson/
AA/
USEPA/
US@
EPA
Subject:
Nonroad
Reg
Text
Attached
is
draft
reg
language
for
two
minor
compliance
issues.
This
language
r
epresents
current
staff­
level
thinking
on
determining
engine
power
and
aftertrea
tment
shipment.
L.
Engine
Power
Ratings
Currently,
rated
power
and
power
rating
are
undefined,
and
we
are
concer
ned
that
this
makes
the
applicability
of
the
standards
too
subjective
and
confus
ing.
One
manufacturer
may
choose
to
define
rated
power
as
the
maximum
measured
power
output,
while
another
may
define
it
as
the
maximum
measured
power
at
a
spe
cific
engine
speed.
Using
this
second
approach,
an
engine's
rated
power
may
be
somewhat
less
than
the
true
maximum
power
output
of
the
engine.
Given
the
impor
tance
of
engine
power
in
defining
which
standards
an
engine
must
meet
and
when,
we
believe
that
it
is
critical
that
a
singular
power
value
be
determined
objecti
vely
according
to
a
specific
regulatory
definition.

To
address
this,
we
proposed
to
add
a
definition
of
"
maximum
engine
powe
r"
to
the
regulations.
This
term
was
to
be
used
instead
of
previously
undefined
terms
such
as
"
rated
power"
or
"
power
rating"
to
specify
the
applicability
of
t
he
standards.
The
addition
of
this
definition
was
intended
to
allow
for
more
ob
jective
applicability
of
the
standards.
More
specifically,
we
proposed
that:

Maximum
engine
power
means
the
measured
maximum
brake
power
output
of
an
engine.
The
maximum
engine
power
of
an
engine
configuration
is
the
average
max
imum
engine
power
of
the
engines
within
the
configuration.
The
maximum
engine
p
ower
of
an
engine
family
is
the
highest
maximum
engine
power
of
the
engines
with
in
the
family.

During
the
comment
period,
manufacturers
correctly
pointed
out
that
they
cannot
know
the
average
actual
power
of
production
engines
when
they
certify
an
engine
family,
because
certification
typically
occurs
before
production
begins.
Therefore
the
definition
of
"
maximum
engine
power"
being
finalized
today
relie
s
primarily
upon
the
manufacturer's
design
specifications
and
the
maximum
torque
curve
that
the
manufacturer
expects
to
represent
the
actual
production
engines.
This
provision
is
specified
in
a
new
section
1039.140.
Under
this
approach
th
e
manufacturer
would
take
the
torque
curve
that
is
projected
for
an
engine
confi
guration,
based
on
the
manufacturer's
design
and
production
specifications,
and
convert
it
into
a
"
nominal
power
curve"
that
would
relate
the
maximum
power
that
would
be
expected
to
engine
speed
when
a
production
engine
is
mapped
according
our
specified
mapping
procedures.
The
maximum
engine
power
is
being
defined
as
the
maximum
power
point
on
that
nominal
power
curve.

Manufacturers
will
be
required
to
report
the
maximum
engine
power
of
eac
h
configuration
in
their
applications
for
certification.
As
with
other
engine
p
arameters,
manufacturers
will
be
required
to
ensure
that
the
engines
that
they
p
roduce
under
the
certificate
have
maximum
engine
power
consistent
with
those
des
cribed
in
their
applications.
However,
since
we
recognize
that
variability
is
a
normal
part
of
engine
production,
we
will
not
require
that
all
production
engin
es
have
exactly
the
power
specified
in
the
application.
Instead,
we
will
only
r
equire
that
the
power
specified
in
the
application
be
within
the
normal
range
of
powers
of
the
production
engines.
Typically,
we
would
expect
the
specified
pow
er
to
be
within
one
standard
deviation
of
the
mean
power
of
the
production
engin
es.
If
a
manufacturer
determines
that
the
specified
power
is
outside
of
the
nor
mal
range,
we
may
require
the
manufacturer
to
amend
the
application
for
certific
ation.
In
deciding
whether
to
require
such
amendment,
we
would
consider
the
deg
ree
to
which
the
specified
power
differed
from
the
production
engines,
the
norma
l
power
variability
for
those
engines,
whether
the
engine
used
or
generated
emis
sion
credits,
and
whether
the
error
affected
which
standards
applied
to
the
engi
ne.

The
preceding
discussion
presumes
that
each
manufacturer
will
develop
it
s
production
processes
to
produce
the
engines
described
in
the
application.
If
a
manufacturer
were
to
intentionally
produce
engines
different
than
those
descri
bed
in
the
application,
we
would
consider
the
application
to
be
fraudulent,
and
could
void
the
certificate
ab
initio
for
those
engines.
For
example,
for
engine
s
that
use
emission
credits,
this
could
occur
if
a
manufacturer
deliberately
bi
ased
its
production
variability
so
that
the
engines
have
higher
average
power
th
an
described
in
the
application.
If
we
voided
the
certificate
for
those
engines
the
manufacturer
would
be
subject
to
large
fines
for
each
engine.
1039.140
What
is
the
maximum
engine
power
of
my
engine?

(
a)
The
maximum
engine
power
of
an
engine
configuration
is
the
maximum
power
po
int
on
the
nominal
power
curve
for
the
engine
configuration
as
defined
in
this
s
ection.
(
b)
The
nominal
power
curve
of
an
engine
configuration
is
the
relationship
betw
een
maximum
available
engine
power
and
engine
speed
for
an
engine,
using
the
e
ngine
mapping
procedures
of
40
CFR
part
1065,
based
on
the
manufacturer's
design
and
production
specifications
for
the
engine.
This
information
may
also
be
exp
ressed
by
a
torque
curve
that
relates
maximum
available
engine
torque
with
engin
e
speed.
(
c)
The
nominal
power
curve
must
be
within
the
range
of
the
actual
power
curve
s
of
production
engines
considering
normal
production
variability.
If
after
pro
duction
begins
it
is
determined
that
your
nominal
power
curve
is
not
representat
ive
of
productions
engines,
you
may
be
required
to
amend
your
application
for
ce
rtification
under
§
1039.225.
1068.260
What
are
the
provisions
for
temporarily
exempting
engines
for
delegated
final
assembly?

(
a)
Shipping
an
engine
without
an
aftertreatment
component
that
you
have
specifi
ed
as
part
of
its
certified
configuration
will
not
be
a
violation
of
the
prohibi
tions
in
§
1068.101(
a)(
1),
if
you
do
all
the
following:
(
1)
Apply
for
and
receive
a
certificate
of
conformity
for
the
engine
and
its
emission­
control
system
before
shipment.
(
2)
Provide
installation
instructions
in
enough
detail
to
ensure
that
th
e
engine
will
be
in
its
certified
configuration
if
someone
follows
these
instruc
tions.
(
3)
Have
a
contractual
agreement
with
another
person
obligating
that
per
son
to
complete
the
final
assembly
of
the
engine
so
it
is
in
its
certified
confi
guration
when
installed
in
the
equipment.
(
4)
Include
the
cost
of
all
aftertreatment
components
in
the
cost
of
the
engine.
(
5)
Ship
the
aftertreatment
components
directly
to
the
person
completing
the
final
assembly,
or
arrange
for
separate
shipment
by
the
component
manufactu
rer
directly
to
the
person
completing
the
final
assembly.
(
6)
Take
appropriate
additional
steps
to
ensure
that
all
engines
will
be
in
their
certified
configuration
before
final
installation.
At
a
minimum,
this
must
include
an
annual
audit
of
each
assembling
company's
facilities,
procedure
s,
and
production
records
to
monitor
their
compliance
with
your
instructions.
F
or
example,
this
would
involve
investigation
of
some
assembled
engines
and
confi
rmation
that
the
number
of
catalysts
shipped
were
sufficient
for
the
number
of
e
ngines
produced.
(
7)
Describe
in
your
application
for
certification
how
you
plan
to
use
t
he
provisions
of
this
section
and
what
steps
you
will
take
under
paragraph
(
a)(
6
)
of
this
section.
(
8)
Keep
records
to
document
how
many
engines
you
produce
under
this
exe
mption.
Also,
keep
records
to
document
your
contractual
agreements
under
paragr
aph
(
a)(
3)
of
this
section.
Keep
all
these
records
for
five
years
after
the
end
of
the
model
year
and
make
them
available
to
us
upon
request.
(
9)
Apply
a
temporary
label
that
identifies
the
engine
as
incomplete.
A
pply
the
label
in
a
way
that
makes
it
unlikely
that
the
engine
will
be
installed
in
equipment
other
than
in
its
certified
configuration.
(
b)
This
exemption
covers
only
uninstalled
engines;
it
does
not
cover
equipment
or
engines
that
have
been
installed
in
equipment.
If
the
engine
does
not
confor
m
with
its
certified
configuration
after
installation
in
the
equipment
because
o
ne
or
more
aftertreatment
components
were
not
properly
installed,
this
exemption
is
void
for
that
engine.
(
c)
We
may
suspend,
revoke,
or
void
an
exemption
under
this
section,
as
follows:
(
1)
We
may
suspend
or
revoke
your
exemption
for
the
entire
engine
famil
y
if
we
determine
that
any
of
the
engines
are
not
in
their
certified
configurati
on
after
installation
in
the
equipment,
or
if
you
fail
to
comply
with
the
requir
ements
of
this
section.
If
we
suspend
or
revoke
the
exemption
for
any
of
your
e
ngine
families
under
this
paragraph
(
c),
this
exemption
will
not
apply
for
futur
e
certificates
unless
you
demonstrate
that
the
factors
causing
the
nonconformity
do
not
apply
to
the
other
engine
families.
We
may
suspend
or
revoke
the
exempt
ion
for
a
single
facility
where
final
assembly
occurs.
(
2)
We
may
void
your
exemption
for
the
entire
engine
family
if
you
inte
ntionally
submit
false
or
incomplete
information
or
fail
to
keep
and
provide
to
EPA
the
records
required
by
this
section.
(
d)
You
are
liable
for
the
in­
use
compliance
of
any
engine
that
is
exempt
under
this
section.
It
is
also
a
violation
of
§
1068.101(
b)(
1)
for
any
person
to
complet
e
assembly
of
the
exempted
engine
without
complying
fully
with
the
installation
instructions.
