Alan
Stout
EPA­
OAR,
OTAQ,
ASD
Transmission
Date:
11/
12/
2004
03:
10:
28
PM
To:
mark_
riechers@
mercmarine.
com
cc:
Subject:
part
91
comments
Mark,
Attached
is
an
updated
draft
of
part
91
that
reflects
your
comments
on
the
equations.
I
confirmed
most
of
the
corrections,
but
wanted
to
make
sure
you
agreed
with
my
syntax.
I
am
starting
with
the
unformatted
version
of
presenting
the
equations.
I
may
get
to
the
fancier
version
with
the
equation
editor
before
we
are
all
done.

Three
things
are
noteworthy:
­
For
the
"
finished
calculation
you
suggest
for
91.325,
I
would
most
like
to
go
with
the
approach
adopted
in
89.318.
If
you
could
confirm
that
or
identify
the
reasons
for
any
adjustments,
I
can
process
that.
If
you
have
broader
concerns,
I'll
need
to
get
some
input
from
someone
who
understands
these
things
better
than
I
do.
­
While
the
test
cycle
clear
departs
from
the
ISO
cycle,
the
slight
correction
you
recommend
would
change
the
fundamental
test
procedure,
which
arguably
affects
the
stringency
of
the
standard.
We
may
want
to
propose
this
change
in
our
upcoming
NPRM,
but
I
don't
think
our
attorneys
will
approve
of
this
post­
NPRM
change
in
this
rule.
Let
me
know
what
you
recommend.
­
You
should
take
special
care
in
checking
the
S(
t)
equation,
since
it
looks
like
I
read
the
CFR
differently
than
you
did.
This
is
another
case
of
me
not
knowing
the
background
on
this
one,
so
let
me
know
if
this
is
wrong
and
I'll
work
it
with
the
experts.

We
will
be
talking
over
the
rest
of
your
comments
shortly,
so
there
may
be
further
changes
to
part
91
before
we're
all
done.
This
isn't
intended
to
prejudge
Let
me
know
if
you
have
any
questions.

Alan
PART
91
 
CONTROL
OF
EMISSIONS
FROM
MARINE
SPARK­
IGNITION
ENGINES
1.
The
authority
citation
for
part
91
is
revised
to
read
as
follows:
Authority:
42
U.
S.
C.
7401
­
7671q.

2.
Section
91.3
is
amended
by
revising
the
definitions
for
"
Marine
spark­
ignition
engine",
"
Marine
vessel",
and
"
United
States",
adding
definitions
for
"
Amphibious
vehicle",
"
Marine
engine",
and
"
Spark­
ignition"
in
alphabetical
order
to
read
as
follows:
§
91.3
Definitions.
*
*
*
*
*
Amphibious
vehicle
means
a
vehicle
with
wheels
or
tracks
that
is
designed
primarily
for
operation
on
land
and
secondarily
for
operation
in
water.
*
*
*
*
*
Marine
engine
means
a
nonroad
engine
that
is
installed
or
intended
to
be
installed
on
a
marine
vessel.
This
includes
a
portable
auxiliary
marine
engine
only
if
its
fueling,
cooling,
or
exhaust
system
is
an
integral
part
of
the
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
spark­
ignition
engine
means
a
spark­
ignition
marine
engine
that
propels
a
marine
vessel.
*
*
*
*
*
Marine
vessel
has
the
meaning
given
in
1
U.
S.
C.
3,
except
that
it
does
not
include
amphibious
vehicles.
The
definition
in
1
U.
S.
C.
3
very
broadly
includes
every
craft
capable
of
being
used
as
a
means
of
transportation
on
water.
*
*
*
*
*
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.
*
*
*
*
*
United
States
means
the
States,
the
District
of
Columbia,
the
Commonwealth
of
Puerto
Rico,
the
Commonwealth
of
the
Northern
Mariana
Islands,
Guam,
American
Samoa,
and
the
U.
S.
Virgin
Islands.
*
*
*
*
*

3.
Section
91.207
is
amended
by
revising
the
second
equation
for
S(
t)
in
paragraph
(
a)
to
read
as
follows:
§
91.207
Credit
calculation
and
manufacturer
compliance
with
emission
standards.

(
a)
*
*
*
S(
t)
=
exp
(­
0.906
×
t/

life)
4
*
*
*
*
*

4.
Section
91.301
is
amended
by
revising
paragraph
(
c)
to
read
as
follows:
§
91.301
Scope;
applicability.
*
*
*
*
*
(
c)
Additional
information
about
system
design,
calibration
methodologies,
and
so
forth,
for
raw
gas
sampling
can
be
found
in
40
CFR
part
1065.
Examples
for
system
design,
calibration
methodologies,
and
so
forth,
for
dilute
sampling
can
be
found
in
40
CFR
part
1065.
5.
Section
91.316
is
amended
by
revising
paragraphs
(
b)(
2)(
ii)
and
(
c)
introductory
text,
and
the
first
equation
in
paragraph
(
d)(
6)
to
read
as
follows:
§
91.316
Hydrocarbon
analyzer
calibration.
*
*
*
*
*
(
b)
*
*
*
(
2)
*
*
*
(
ii)
The
HFID
optimization
procedures
outlined
in
40
CFR
part
1065,
subpart
D.
*
*
*
*
*
(
c)
Initial
and
periodic
calibration.
Prior
to
introduction
into
service
and
monthly
thereafter,
or
within
one
month
prior
to
the
certification
test,
calibrate
the
FID
or
HFID
hydrocarbon
analyzer
on
all
normally
used
instrument
ranges,
using
the
steps
in
this
paragraph.
Use
the
same
flow
rate
and
pressures
as
when
analyzing
samples.
Introduce
calibration
gases
directly
at
the
analyzer.
An
optional
method
for
dilute
sampling
described
in
40
CFR
part
1065,
subpart
F,
may
be
used.
*
*
*
*
*
(
d)
*
*
*
(
6)
*
*
*

percent
O2
I
=
(
B­
Analyzer
response
(
ppm
C))/
B
×
100
*
*
*
*
*

6.
Section
91.318
is
amended
by
revising
paragraph
(
d)
and
the
equation
in
paragraph
(
b)(
11)
to
read
as
follows:
§
91.318
Oxides
of
nitrogen
analyzer
calibration.
*
*
*
*
*
(
b)
*
*
*
(
11)
*
*
*
percent
efficiency
=
(
1
+
(
a­
b)/(
c­
d))
×
100
*
*
*
*
*
(
d)
The
initial
and
periodic
interference,
system
check,
and
calibration
test
procedures
specified
in
40
CFR
part
1065,
subparts
C
and
D,
may
be
used
in
lieu
of
the
procedures
specified
in
this
section.

7.
Section
91.320
is
amended
by
revising
paragraph
(
b)
to
read
as
follows:
§
91.320
Carbon
dioxide
analyzer
calibration.
*
*
*
*
*
(
b)
The
initial
and
periodic
interference,
system
check,
and
calibration
test
procedures
specified
in
40
CFR
part
1065,
subparts
C
and
D,
may
be
used
in
lieu
of
the
procedures
in
this
section.

8.
Section
91.325
is
amended
by
revising
the
equations
in
paragraphs
(
c)(
i)(
iv)
and
(
c)(
2)(
iii)
to
read
as
follows:
§
91.325
Analyzer
interference
checks.
*
*
*
*
*
(
c)
*
*
*
(
1)
*
*
*
(
iv)*
*
*
percent
CO2
quench
=
100
­
100
×
[
c
×
a/(
d
×
a
­
d
×
b)]
×
a/
b
*
*
*
*
*
(
2)
*
*
*
(
iii)
*
*
*
D1
=
D
×
(
1­
Z1/
100)
9.
Section
91.419
is
amended
by
revising
the
entry
defining
"
MHCexh"
in
paragraph
(
b)
to
read
as
follows:
§
91.419
Raw
emission
sampling
calculations.
*
*
*
*
*
(
b)
*
*
*
MHCexh
=
Molecular
weight
of
hydrocarbons
in
the
exhaust;
see
the
following
equation:
MHCexh
=
12.01
+
1.008
×
 
*
*
*
*
*

10.
Section
91.421
is
amended
by
revising
paragraph
(
b)(
4)(
ii)
and
(
b)(
4)(
iii)
to
read
as
follows:
§
91.421
Dilute
gaseous
exhaust
sampling
and
analytical
system
description.
*
*
*
*
*
(
b)
*
*
*
(
4)
*
*
*
(
ii)
Conform
to
the
continuous
NOX,
CO,
or
CO2
sampling
and
analysis
system
to
the
specifications
of
40
CFR
1065.145,
with
the
following
exceptions
and
revisions:
(
A)
Heat
the
system
components
requiring
heating
only
to
prevent
water
condensation,
the
minimum
component
temperature
is
55

C.
(
B)
Coordinate
analysis
system
response
time
with
CVS
flow
fluctuations
and
sampling
time/
test
cycle
offsets
to
meet
the
time­
alignment
and
dispersion
specifications
in
40
CFR
pat
1065,
subpart
C.
(
C)
Use
only
analytical
gases
conforming
to
the
specifications
of
40
CFR
1065.750
for
calibration,
zero,
and
span
checks.
(
D)
Use
a
calibration
curve
conforming
to
40
CFR
part
1065,
subparts
C
and
D,
for
CO,
CO2,
and
NOX
for
any
range
on
a
linear
analyzer
below
155
ppm.
(
iii)
Convert
the
chart
deflections
or
voltage
output
of
analyzers
with
non­
linear
calibration
curves
to
concentration
values
by
the
calibration
curve(
s)
specified
in
40
CFR
part
1065,
subpart
D,
before
flow
correction
(
if
used)
and
subsequent
integration
takes
place.
*
*
*
*
*

11.
Section
91.705
is
amended
by
revising
paragraph
(
d)
to
read
as
follows:
§
91.705
Prohibited
acts;
penalties.
*
*
*
*
*
(
d)
An
importer
who
violates
§
91.1103(
a)(
1),
section
213(
d)
and
section
203
of
the
Act
is
subject
to
a
civil
penalty
under
§
91.1106
and
section
205
of
the
Act
of
not
more
than
$
32,500
for
each
marine
engine
subject
to
the
violation.
In
addition
to
the
penalty
provided
in
the
Act,
where
applicable,
a
person
or
entity
who
imports
an
engine
under
the
exemption
provisions
of
§
91.704(
b)
and,
who
fails
to
deliver
the
marine
engine
to
the
U.
S.
Customs
Service
by
the
end
of
the
period
of
conditional
admission
is
liable
for
liquidated
damages
in
the
amount
of
the
bond
required
by
applicable
Customs
laws
and
regulations.
The
maximum
penalty
value
listed
in
this
paragraph
(
d)
is
shown
for
calendar
year
2004.
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.

12.
Section
91.1106
is
amended
by
revising
paragraphs
(
a)(
1),
(
a)(
2),
(
a)(
5),
and
(
c)(
1)
and
adding
paragraph
(
a)(
6)
to
read
as
follows:
§
91.1106
Penalties.
(
a)
*
*
*
(
1)
A
person
who
violates
§
91.1103
(
a)(
1),
(
a)(
4),
or
(
a)(
5),
or
a
manufacturer
or
dealer
who
violates
§
91.1103(
a)(
3)(
i),
is
subject
to
a
civil
penalty
of
not
more
than
$
32,500
for
each
violation.
(
2)
A
person
other
than
a
manufacturer
or
dealer
who
violates
§
91.1103(
a)(
3)(
i)
or
any
person
who
violates
§
91.1103(
a)(
3)(
ii)
is
subject
to
a
civil
penalty
of
not
more
than
$
2,750
for
each
violation.
*
*
*
*
*
(
5)
A
person
who
violates
§
91.1103
(
a)(
2)
or
(
a)(
6)
is
subject
to
a
civil
penalty
of
not
more
than
$
32,500
per
day
of
violation.
(
6)
The
maximum
penalty
values
listed
in
this
section
are
shown
for
calendar
year
2004.
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.
*
*
*
*
*
(
c)
*
*
*
(
1)
Administrative
penalty
authority.
In
lieu
of
commencing
a
civil
action
under
paragraph
(
b)
of
this
section,
the
Administrator
shall
assess
any
civil
penalty
prescribed
in
paragraph
(
a)
of
this
section,
except
that
the
maximum
amount
of
penalty
sought
against
each
violator
in
a
penalty
assessment
proceeding
can
not
exceed
$
270,000,
unless
the
Administrator
and
the
Attorney
General
jointly
determine
that
a
matter
involving
a
larger
penalty
amount
is
appropriate
for
administrative
penalty
assessment.
Any
such
determination
by
the
Administrator
and
the
Attorney
General
is
not
subject
to
judicial
review.
Assessment
of
a
civil
penalty
is
made
by
an
order
made
on
the
record
after
opportunity
for
a
hearing
held
in
accordance
with
the
procedures
found
at
part
22
of
this
chapter.
The
Administrator
may
compromise,
or
remit,
with
or
without
conditions,
any
administrative
penalty
which
may
be
imposed
under
this
section.
*
*
*
*
*
