UNITED
STATES
ENVIRONMENTAL
PROTECTION
AGENCY
ANN
ARBOR,
MI
48105
OFFICE
OF
AIR
AND
RADIATION
MEMORANDUM
February
11,
2005
SUBJECT:
Meeting
with
Engine
Manufacturers
Association
Regarding
EPA's
Proposed
Technical
Amendments
FROM:
Alan
Stout,
Mechanical
Engineer
Assessment
and
Standards
Division
TO:
Docket
OAR­
2004­
0017
On
February
8,
we
met
with
representatives
of
the
Engine
Manufacturers
Association
and
member
companies
to
discuss
issues
related
to
the
proposed
technical
amendments
for
highway
and
nonroad
engine
programs.
The
agenda
for
the
meeting
and
a
handout
of
discussion
material
is
attached.

Attachments
Attending:
EPA
Glenn
Passavant
Alan
Stout
Bill
Charmley
Jean
Marie
Revelt
Chuck
Moulis
Ed
Gardetto
EMA
Bob
Jorgenson,
Cummins
Bill
Passie,
Caterpillar
John
Duerr,
DDC
Rick
Bishop,
John
Deere
Kevin
Kokrda,
EMA
staff
Lisa
Stegink,
EMA
counsel
Steve
Berry,
Volvo
(
by
phone)
EPA
Tech
Amendments
EMA­
EPA
Meeting
February
8,
2005
Discussion
Issues
1.
1065.10(
c)
 
representative
testing
2.
1065.12
­
partial
flow
sampling
systems
3.
1065
definitions
 
coordination
with
test
cycle
development
4.
Process/
feedback
for
use
of
new
test
procedures
for
certification
of
2007
on­
highway
and
Tier
4
nonroad
engines
5.
Separate
shipment
of
aftertreatment
(
1068.260
and
Part
86)
6.
Imported
engines:
85.1511(
b)(
1)
 
importation
for
repairs/
alterations;
1068.315
and1068.325
 
exemptions;
89.614
 
importation
of
incomplete
engines;
94.806
 
importation
of
incomplete
engines
7.
89.913
and
89.914
 
labeling
of
certified
on­
highway
engines
used
in
nonroad
vehicles
and
equipment
8.
1039.625(
j)
 
reference
to
1068.265,
rather
than
1068.260
9.
89.1003(
b)(
7)
and
94.1103
 
labels
for
older
replacement
engines
10.
1068.265
and
1039.104
 
modified
designation
11.
Regulation
of
diesel­
derived
natural
gas
engines
12.
94.904(
c)
 
exemptions
13.
94.912
 
labeling
requirements
for
land­
based
engines
for
auxiliary
marine
14.
94.1004
 
maintenance,
repair
and
adjustment
of
Category
3
engines
15.
94.1103(
b)(
3)
 
replacement
engines
(
cf.
1068.240(
b)(
3)
and
89.1003(
b)(
7))
16.
94.9(
a)(
3)(
ii)
 
useful
life
(
cf.
1048.101(
g)(
2))
17.
92.508(
e)
and
92.511(
g)
 
extension
of
end­
of­
quarter
reporting
deadline
Issues
to
Confirm
1.
Timing
for
Final
Rule:
June
3,
2005
2.
1039.705(
c)(
4)
Calif/
state
tracking
of
federal
ABT
credits
removed
3.
Test
procedures
­
Handling
of
Part
1065
and
Part
86
changes
4.
New
test
procedures/
definitions
not
mandatory
until
2010
(
on­
highway
and
nonroad
Tier
4)
5.
E3
duty
cycle
as
option
for
prop­
law
variable
speed
marine
auxiliary
6.
Nonroad
useful
life
 
no
changes
to
request
for
shorter
UL
EMADOCS:
6564.1
STAFF
DRAFT
Separate
shipment
of
engine
and
aftertreatment:
Request
for
comment
on
Highway
Heavy­
duty
Engines
Nonroad
Tier
4
Final
Rule
­
1068.260(
a)
EMA
Comments
on
Tech
Amendment
NPRM
EPA
concept
for
Tech
Amendment
FRM
for
Highwa
Heavy­
duty
Engines
Do
all
of
the
following:
Option
A:
Option
B:
Option
X.
Option
Y
(
1)
Apply
for
and
receive
a
certificate
of
conformity
for
the
engine
and
its
emission­
control
system
before
shipment
receive
a
certificate
of
conformity
receive
a
certificate
of
conformity
same
as
EPA
NRT4
(
1)
same
as
EPA
NRT4
(
1)

(
2)
Provide
installation
instructions
in
enough
detail
to
ensure
that
the
engine
will
be
in
its
certified
configuration
if
someone
follows
these
instructions.
provide
detailed
installation
instructions
provide
detailed
installation
instructions
same
as
EPA
NRT4
(
2)
same
as
EPA
NRT4
(
2)

(
3)
Have
a
contractual
agreement
with
an
equipment
manufacturer
obligating
the
equipment
manufacturer
to
complete
the
final
assembly
of
the
engine
so
it
is
in
its
certified
configuration
when
installed
in
the
equipment.
This
agreement
must
also
obligate
the
equipment
manufacturer
to
provide
the
affidavits
and
cooperate
with
the
audits
required
under
paragraph
(
a)(
6)
of
this
section.
Secure
a
contractual
agreement
with
the
OEM,
or
similar
documentation
confirming
agreement
on
aftertreatment
application
requirements
same
as
EPA
NRT4
(
3)
same
as
EPA
NRT4
(
3)
Nonroad
Tier
4
Final
Rule
­
1068.260(
a)
EMA
Comments
on
Tech
Amendment
NPRM
EPA
concept
for
Tech
Amendment
FRM
for
Highway
Heavy­
duty
Engines
(
4)
Include
the
cost
of
all
aftertreatment
components
in
the
cost
of
the
engine.
Include
the
costs
of
all
primary
aftertreatment
components
in
the
cost
of
the
engine
(
does
not
include
shipping
costs)
You
do
not
need
to
include
the
AT
cost
in
the
cost
of
the
engine
if
you
ensure
through
a
contractual
agreement
that
the
OEM,

or
the
OEM's
supplier,
will
purchase
and
install
the
identical
AT
part(
s)

described
in
the
Application
for
Certification
same
as
EPA
NRT4
(
4)

(
5)
Ship
the
aftertreatment
components
directly
to
the
equipment
manufacturer,
or
arrange
for
separate
shipment
by
the
component
manufacturer
directly
to
the
equipment
manufacturer.
Ship
the
aftertreatment
components
directly
to
the
equipment
manufacturer,
or
make
arrangements
for
separate
shipment
same
as
EPA
NRT4
(
5)
Nonroad
Tier
4
Final
Rule
­
1068.260(
a)
EMA
Comments
on
Tech
Amendment
NPRM
EPA
concept
for
Tech
Amendment
FRM
for
Highway
Heavy­
duty
Engines
(
6)
Take
appropriate
additional
steps
to
ensure
that
all
engines
will
be
in
their
certified
configuration
when
installed
by
the
equipment
manufacturer.
At
a
minimum
do
the
following:

(
i)
Obtain
annual
affidavits
from
every
equipment
manufacturer
to
whom
you,
your
distributors,
or
your
dealers
sell
engines
under
this
section.
The
affidavits
must
list
the
part
numbers
of
the
aftertreatment
devices
that
equipment
manufacturers
install
on
each
engine
they
purchase
from
you,
your
distributors,
or
your
dealers
under
this
section.

(
ii)
If
you
sell
more
than
50
engines
per
model
year
under
this
section,
you
must
annually
audit
four
equipment
manufacturers
to
whom
you
sell
engines
under
this
section.
To
select
individual
equipment
manufacturers,

divide
all
the
affected
equipment
manufacturers
into
quartiles
based
on
the
number
of
engines
they
buy
from
you;
select
a
single
equipment
manufacturer
from
each
quartile
each
model
year.
Vary
the
equipment
manufacturers
you
audit
from
year
to
year,
though
you
may
repeat
an
audit
in
a
later
model
year
if
you
find
or
suspect
that
a
particular
equipment
manufacturer
is
not
properly
installing
aftertreatment
devices.
If
you
sell
engines
to
fewer
than
16
equipment
manufacturers
under
the
provisions
of
this
section,
you
may
instead
set
up
a
plan
to
audit
each
equipment
manufacturer
on
average
once
every
four
model
years.
Audits
must
involve
the
assembling
companies'
facilities,
procedures,
and
production
records
to
monitor
their
compliance
with
your
instructions,
must
include
investigation
of
some
assembled
engines,
and
must
confirm
that
the
number
of
aftertreatment
devices
shipped
were
sufficient
for
the
number
of
engines
produced.
Where
an
equipment
manufacturer
is
not
located
in
the
United
States,
you
may
conduct
the
audit
at
a
distribution
or
port
facility
in
the
United
States.
You
must
keep
records
of
these
audits
and
provide
a
report
describing
any
uninstalled
or
improperly
installed
aftertreatment
components
to
us
within
90
days
of
the
audit.

(
iii)
If
you
sell
up
to
50
engines
per
model
year
under
this
section,
you
must
conduct
audits
as
described
in
paragraph
(
a)(
6)(
ii)
of
this
section
or
propose
an
alternative
plan
for
ensuring
that
equipment
manufacturers
properly
install
aftertreatment
devices.
Provide
verification
of
proper
application
of
aftertreatment
systems
through
on
of
the
following
methods:

(
i)
obtaining
annual
affidavits
from
OEMs
or,

(
ii)
maintenance
of
a
common
engine
division­
equipment
division
database
of
aftertreatment
part
numbers
installed
with
each
engines
or,

(
iii)
use
of
engine
software
designed
to
allow
for
validation
that
the
correct/
certified
AT
was
installed,
and,
if
not,
designed
to
direct
(
through
fault
codes
or
engine
derating)
the
OEM
to
correct
the
conditions;

or,

(
iv)
other
methods
approved
by
the
Administrator
For
non­
vertically
integrated
engine­
truck
companies:

same
as
EPA
NRT4
(
6)
i,

ii,
and
iii
For
vertically
integrated
engine­
truck
companies:

send
EPA
an
affidavit
stating
that
EMA
item
(
ii)
is
done
by
the
company
and
stating
that
the
companies
assembling
"
facilities,

procedures,
and
production
records"
are
sufficient
to
ensure
that
each
certified
engines
is
installed
into
a
vehicle
with
the
correct
AT
same
as
EPA
NRT4
(
6)(
i),

no
audits
required
Nonroad
Tier
4
Final
Rule
­
1068.260(
a)
EMA
Comments
on
Tech
Amendment
NPRM
EPA
concept
for
Tech
Amendment
FRM
for
Highway
Heavy­
duty
Engines
(
7)
Describe
the
following
things
in
your
application
for
certification:

(
I)
How
you
plan
to
use
the
provisions
of
this
section.

(
ii)
A
detailed
plan
for
auditing
equipment
manufacturers,
as
described
in
paragraph
(
a)(
6)
of
this
section.

(
iii)
All
other
steps
you
plan
to
take
under
paragraph
(
a)(
6)
of
this
section.
same
as
EPA
NRT4
(
7)
same
as
EPA
NRT4
(
7)

(
8)
Keep
records
to
document
how
many
engines
you
produce
under
this
exemption.
Also,
keep
records
to
document
your
contractual
agreements
under
paragraph
(
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.
same
as
EPA
NRT4
(
8)
same
as
EPA
NRT4
(
8)
Nonroad
Tier
4
Final
Rule
­
1068.260(
a)
EMA
Comments
on
Tech
Amendment
NPRM
EPA
concept
for
Tech
Amendment
FRM
for
Highway
Heavy­
duty
Engines
(
9)
Make
sure
the
engine
has
the
emission
control
information
label
we
require
under
the
standardsetting
part.
Apply
an
additional
temporary
label
or
tag
in
a
way
that
makes
it
unlikely
that
the
engine
will
be
installed
in
equipment
other
than
in
its
certified
configuration.
The
label
or
tag
must
identify
the
engine
as
incomplete
and
include
a
clear
statement
that
failing
to
install
the
aftertreatment
device,
or
otherwise
bring
the
engine
into
its
certified
configuration,
is
a
violation
of
federal
law
subject
to
civil
penalty.
tags
are
not
necessary
tags
are
not
necessary
same
as
EPA
NRT4
(
9)
same
as
EPA
NRT4
(
9)
