Alan
Stout
EPA­
OAR,
OTAQ,
ASD
Received
Date:
03/
02/
2005
04:
45:
49
PM
To:
cweaver@
railpower.
com,
david.
e.
brann@
gm.
com,
David.
Ducharme@
Trans.
ge.
com,
mrush@
aar.
org,
rftimmons@
aslrra.
org,
sfritz@
swri.
org,
kkokrda@
enginemanufacturers.
org
cc:
Subject:

Attached
is
updated
draft
regulatory
language
for
the
technical
amendments
to
40
CFR
part
92.
We
intend
to
adopt
these
changes
as
part
of
our
final
rule
later
this
year.
This
advance
draft
is
intended
to
give
opportunity
to
review
these
technical
changes
to
make
sure
everything
lines
up.
Let
us
know
if
anything
needs
further
attention.

The
file
includes
redline
information
showing
what
has
changed
since
the
proposal.

Alan
Stout
U.
S.
EPA
Office
of
Transportation
and
Air
Quality
2000
Traverwood
Dr.
Ann
Arbor,
MI
48105
734­
214­
4805
734­
214­
4816
(
fax)
stout.
alan@
epa.
gov
www.
epa.
gov/
otaq/
locomotv.
htm
2
PART
92
 
Control
of
Air
Pollution
from
Locomotives
and
Locomotive
Engines
1.
The
authority
citation
for
part
92
is
revised
to
read
as
follows:
Authority:
42
U.
S.
C.
7401
­
7671q.

2.
Section
92.1
is
amended
by
revising
paragraphs
(
a)
introductory
text,
(
b)(
3),
and
(
b)(
4)
and
adding
paragraph
(
d)
to
read
as
follows:
§
92.1
Applicability.
(
a)
Except
as
noted
in
paragraphs
(
b)
and
(
d)
of
this
section,
the
provisions
of
this
part
apply
to
manufacturers,
remanufacturers,
owners
and
operators
of:
*
*
*
*
*
(
b)*
*
*
(
3)
Locomotive
engines
which
provide
only
hotel
power
(
see
40
CFR
parts
89
and
1039
to
determine
if
such
engines
are
subject
to
EPA
emission
requirements);
or
(
4)
Nonroad
vehicles
excluded
from
the
definition
of
locomotive
in
§
92.2,
and
the
engines
used
in
such
nonroad
vehicles
(
see
40
CFR
parts
86,
89,
and
1039
to
determine
if
such
vehicles
or
engines
are
subject
to
EPA
emission
requirements).
*
*
*
*
*
(
d)
The
provisions
of
subpart
L
of
this
part
apply
to
all
persons.

3.
Section
92.2
is
amended
in
paragraph
(
b)
by
revising
the
definitions
for
Calibration,
paragraph
(
5)
of
the
definition
for
New
locomotive
or
new
locomotive
engine,
Repower,
and
United
States
to
read
as
follows:
§
92.2
Definitions.
*
*
*
*
*
(
b)*
*
*
*
*
*
*
*
Calibration
means
the
set
of
specifications,
including
tolerances,
specific
to
a
particular
design,
version,
or
application
of
a
component,
or
components,
or
assembly
capable
of
functionally
describing
its
operation
over
its
working
range.
This
definition
does
apply
to
Subpart
B
of
this
part.
*
*
*
*
*
Locomotive
means
a
self­
propelled
piece
of
on­
track
equipment
designed
for
moving
or
propelling
cars
that
are
designed
to
carry
freight,
passengers
or
other
equipment,
but
which
itself
is
not
designed
or
intended
to
carry
freight,
passengers
(
other
than
those
operating
the
locomotive)
or
other
equipment.
The
following
other
equipment
are
not
locomotives
(
see
40
CFR
Parts
86
and
89
for
this
equipment):
(
1)
Equipment
which
is
designed
for
operation
both
on
highways
and
rails
are
not
locomotives.
(
2)
Specialized
railroad
equipment
for
maintenance,
construction,
post
accident
recovery
of
equipment,
and
repairs;
and
other
similar
equipment,
are
not
locomotives.
(
3)
Vehicles
propelled
by
engines
with
total
rated
horsepower
of
less
than
750
kW
(
1006
hp)
3
are
not
locomotives
(
see
40
CFR
Parts
86
and
89
for
this
equipment),
unless
the
owner
(
including
manufacturers)
chooses
to
have
the
equipment
certified
under
the
requirements
of
this
part.
Where
equipment
is
certified
as
a
locomotive
pursuant
to
this
paragraph
(
3),
it
shall
be
subject
to
the
requirements
of
this
part
for
the
remainder
of
its
service
life.
For
locomotives
propelled
by
two
or
more
engines,
the
total
rated
horsepower
is
the
sum
of
the
rated
horsepowers
of
each
engine.
*
*
*
*
*
New
locomotive
or
new
locomotive
engine
means:
*
*
*
(
5)
Notwithstanding
paragraphs
(
1)
through
(
3)
of
this
definition,
locomotives
and
locomotive
engines
which
are
owned
by
a
small
railroad
and
which
have
never
been
manufactured
or
remanufactured
into
a
certified
configuration
are
not
new.
*
*
*
*
*
Repower
means
replacement
of
the
engine
in
a
previously
used
locomotive
with
a
freshly
manufactured
locomotive
engine.
Replacing
a
locomotive
engine
with
a
freshly
manufactured
locomotive
engine
in
a
locomotive
that
has
a
refurbished
or
reconditioned
chassis
such
that
less
than
25
percent
of
the
parts
of
the
locomotive
were
previously
used
(
as
weighted
by
dollar
value)
is
not
repowering.
*
*
*
*
*
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.
*
*
*
*
*
4.
Section
92.8
is
amended
by
revising
paragraph
(
b)
to
read
as
follows:
§
92.8
Emission
standards.
*
*
*
*
*
(
b)
No
crankcase
emissions
shall
be
discharged
directly
into
the
ambient
atmosphere
from
any
new
locomotive
or
new
locomotive
engine,
except
as
allowed
by
paragraph
(
1)
of
this
paragraph
(
b).
(
1)
Discharge
of
crankcase
emissions
into
the
engine
exhaust
complies
with
this
prohibition,
provided
crankcase
emissions
are
measured
and
included
with
exhaust
emissions.
Other
discharge
of
crankcase
emissions
complies
with
this
prohibition,
provided
crankcase
emissions
are
measured
in
all
certification,
production­
line,
and
in­
use
tests
and
the
masses
are
added
mathematically
to
the
exhaust
emissions.
(
2)
Compliance
with
this
standard
is
required
throughout
the
entire
service
life
of
the
locomotive
or
locomotive
engine.

5.
Section
92.104
is
amended
by
revising
paragraph
(
b)(
1)(
i)
to
read
as
follows:
§
92.104
Locomotive
and
engine
testing;
overview.
*
*
*
*
*
(
b)
*
*
*
(
1)
*
*
*
(
i)
Engine
speed
setpoints
for
each
mode
shall
be
within
2
percent
of
the
speed
of
the
engine
when
it
is
operated
in
the
locomotive.
Engine
load
setpoints
for
each
mode
shall
be
within
2
percent
(
or
1.0
horsepower,
whichever
is
greater)
of
the
load
of
the
engine
when
it
is
operated
in
the
locomotive.
4
*
*
*
*
*

6.
Section
92.105
is
amended
by
revising
paragraph
(
d)
to
read
as
follows:
§
92.104
General
equipment
specifications.
*
*
*
*
*
(
d)
Electrical
measurements.
(
1)
Voltmeters
shall
have
accuracy
and
precision
of
1
percent
of
point
or
better.

(
2)
Ammeters
shall
have
accuracy
and
precision
of
1
percent
of
point
or
better.

(
3)
Wattmeters
shall
have
accuracy
and
precision
of
1
percent
of
point
or
better.

(
4)
Instruments
used
in
combination
to
measure
engine
power
output
shall
comply
with
the
requirements
of
§
92.106.
*
*
*
*
*

7.
Section
92.105
is
amended
by
revising
paragraph
(
b)(
1)(
ii)
to
read
as
follows:
§
92.106
Equipment
for
loading
the
engine.
*
*
*
*
*
(
b)
*
*
*
(
1)
*
*
*
(
ii)
Engine
flywheel
torque
readout
shall
be
accurate
to
within
±
2
percent
of
the
NIST
"
true"
value
torque
at
all
power
settings
above
10
percent
of
full­
scale,
and
accurate
to
within
±
5
percent
of
the
NIST
"
true"
value
torque
at
power
settings
at
or
below
10
percent
of
full­
scale.

8.
Section
92.109
is
amended
by
revising
paragraph
(
c)(
3)
to
read
as
follows:
§
92.109
Analyzer
specifications.
*
*
*
*
*
(
c)
*
*
*
(
3)
Alcohols
and
Aldehydes.
The
sampling
and
analysis
procedures
for
alcohols
and
aldehydes,
where
applicable,
shall
be
approved
by
the
Administrator
prior
to
the
start
of
testing.
Procedures
are
allowed
if
they
are
consistent
the
general
requirements
of
40
CFR
part
1065,
subpart
I,
for
sampling
and
analysis
of
alcohols
and
aldehydes,
and
with
good
engineering
practice.
*
*
*
*
*

9.
Section
92.114
is
amended
by
revising
paragraphs
(
a)(
2)(
ii),
(
d)(
2)
introductory
text
and
(
e)(
1)
to
read
as
follows:
§
92.114
Exhaust
gas
and
particulate
sampling
and
analytical
system.
*
*
*
*
*
(
a)
*
*
*
5
(
2)
*
*
*
(
ii)
For
locomotive
testing
where
the
locomotive
has
multiple
exhaust
stacks,
proportional
samples
may
be
collected
from
each
exhaust
outlet
instead
of
ducting
the
exhaust
stacks
together,
provided
that
the
CO2
concentrations
in
each
exhaust
stream
are
shown(
either
prior
to
testing
or
during
testing)
to
be
within
5
percent
of
each
other
at
notch
8
for
each
test
mode.
*
*
*
*
*
(
d)*
*
*
(
2)
For
engine
testing,
either
a
locomotive­
type
or
a
facility­
type
exhaust
system
(
or
a
combination
system)
may
be
used.
The
exhaust
backpressure
for
engine
testing
shall
be
set
between
90
and
100
percent
of
the
maximum
backpressure
that
will
result
with
the
exhaust
systems
of
the
locomotives
in
which
the
engine
will
be
used.
Backpressure
less
than
90
percent
of
the
maximum
value
is
also
allowed,
provided
the
backpressure
is
within
0.07
psi
of
the
maximum
value.
The
facility­
type
exhaust
system
shall
meet
the
following
requirements:
*
*
*
*
*
(
e)
*
*
*
(
1)
Dilution
of
the
exhaust
prior
to
sampling
is
allowed
for
gaseous
emissions.
The
equipment
and
methods
used
for
dilution,
sampling
and
analysis
shall
comply
with
the
requirements
of
40
CFR
part
1065,
with
the
following
exceptions
and
additional
requirements:
(
i)
Proportional
sampling
and
heat
exchangers
are
not
required;
(
ii)
Larger
minimum
dimensions
for
the
dilution
tunnel(
s)
shall
be
specified
by
the
Administrator;
(
iii)
Other
modifications
may
be
made
with
written
approval
from
the
Administrator.
*
*
*
*
*

10.
Section
92.123
is
amended
by
revising
paragraph
(
a)(
2)(
ii)
to
read
as
follows:
§
92.123
Test
procedure;
general
requirements.
(
a)
*
*
*
(
2)*
*
*
For
locomotives
with
multiple
exhaust
stacks,
smoke
testing
is
required
for
only
one
of
the
exhaust
stacks
provided
the
following
conditions
are
met:
(
i)
The
stack
that
is
not
tested
is
not
visibly
smokier
than
the
stack
that
is
tested,
and
(
ii)
None
of
the
measured
opacity
values
for
the
stack
tested
are
greater
than
threequarters
of
the
level
allowed
by
any
of
the
applicable
smoke
standards.
*
*
*
*
*

11.
Section
92.124
is
amended
by
revising
paragraph
(
f)
to
read
as
follows:
§
92.124
Test
sequence;
general
requirements.
*
*
*
*
*
(
f)
The
required
test
sequence
is
described
in
Table
B124­
1
of
this
section,
as
follows:
6
Table
B124­
1
TEST
SEQUENCE
FOR
LOCOMOTIVES
AND
LOCOMOTIVE
ENGINES
Mode
Number
Notch
Setting
Time
in
Notch
Emissions
Measured**
Power,
and
Fuel
Consumption
Measured
Warmup
Notch
8
5
±
1
min
None
None
Warmup
Lowest
Idle
15
min
maximum
(
after
engine
speed
reaches
lowest
idle
speed)
None
None
1a
Low
Idle*
6
min
minimum
All
Both
1
Normal
Idle
6
min
minimum
All
Both
2
Dynamic
Brake*
6
min
minimum
All
Both
3
Notch
1
6
min
minimum
All
Both
4
Notch
2
6
min
minimum
All
Both
5
Notch
3
6
min
minimum
All
Both
6
Notch
4
6
min
minimum
All
Both
7
Notch
5
6
min
minimum
All
Both
8
Notch
6
6
min
minimum
All
Both
9
Notch
7
6
min
minimum
All
Both
10
Notch
8
15
min
minimum
All
Both
*
Omit
if
not
so
equipped.
**
The
EPA
test
sequence
for
locomotives
and
locomotive
engines
may
be
performed
once,
with
gaseous,
particulate
and
smoke
measurements
performed
simultaneously,
or
it
may
be
performed
twice
with
gaseous,
and
particulate
measurements
performed
during
one
test
sequence
and
smoke
measurements
performed
during
the
other
test
sequence.

12.
Section
92.126
is
amended
by
revising
paragraph
(
b)(
3)
to
read
as
follows:
§
92.126
Test
run.
*
*
*
*
*
(
b)
*
*
*

(
3)
Fuel
flow
rate
shall
be
measured
continuously.
The
value
reported
for
the
fuel
flow
rate
shall
be
a
one­
minute
average
of
the
instantaneous
fuel
flow
measurements
taken
during
the
last
minute
of
the
minimum
sampling
period
listed
in
Table
B124­
1
in
§
92.124;
except
for
testing
during
idle
modes,
where
it
shall
be
a
three­
minute
average
of
the
instantaneous
fuel
flow
measurements
taken
during
the
last
three
minutes
of
the
minimum
sampling
period
listed
in
Table
B124­
1
in
§
92.124.
Sampling
periods
greater
than
one
minute,
are
allowed
consistent
with
good
engineering
practice.
Fuel
flow
averaging
periods
should
generally
match
the
emission
sampling
periods
as
closely
as
is
practicable.
7
13.
Section
92.131
is
amended
by
revising
paragraph
(
b)(
3)
to
read
as
follows:
§
92.131
Smoke,
data
analysis.
*
*
*
*
*
(
b)
*
*
*
(
3)
The
"
steady­
state"
value
is
either:
(
i)
The
highest
reading
occurring
more
than
two
minutes
after
the
notch
change
(
excluding
peaks
lasting
less
than
5
seconds,
caused
by
such
random
events
as
the
cycling
of
an
air
compressor)
if
opacity
measurements
are
recorded
graphically;
or
(
ii)
The
average
of
the
second
by
second
values
between
120
and
180
seconds
after
the
notch
change
if
opacity
measurements
are
recorded
digitally.
*
*
*
*
*

14.
Section
92.132
is
amended
by
revising
paragraphs
(
b)(
3)(
iii)(
D)(
2)
and
(
d)
to
read
as
follows:
§
92.132
Calculations.
*
*
*
*
*
(
b)*
*
*
(
3)*
*
*
(
iii)
*
*
*
(
D)
*
*
*
(
2)
If
a
CO
instrument
that
meets
the
criteria
specified
in
40
CFR
part
1065,
subpart
C,
is
used
without
a
sample
dryer
according
to
40
CFR
1065.145,
CO
em
must
be
substituted
directly
for
CO
e
and
CO
dm
must
be
substituted
directly
for
CO
d.
*
*
*
*
*
(
d)
NOx
correction
factor.
(
1)
NOx
emission
rates
(
M
NOx
mode)
shall
be
adjusted
to
account
for
the
effects
of
humidity
and
temperature
by
multiplying
each
emission
rate
by
K
NOx
,
which
is
calculated
from
the
following
equations:
K
NOx
=
(
K)(
1
+
(
0.25(
logK)
2)
½
)

K
=
(
K
H)(
K
T)

K
H
=
[
C
1+
C
2
exp((­
0.0143)(
10.714))]/[
C
1+
C
2
exp((­
0.0143)(
1000H))]

C
1
=
­
8.7
+
164.5exp(­
0.0218(
A/
F)
wet)

C
2
=
130.7
+
3941exp(­
0.0248(
A/
F)
wet)

Where:
(
A/
F)
wet
=
Mass
of
moist
air
intake
divided
by
mass
of
fuel
intake.
K
T
=
1/[
1­
0.0107(
T
30­
T
A)]
for
tests
conducted
at
ambient
temperatures
below
30

C.
K
T
=
1.00
for
tests
conducted
at
ambient
temperatures
at
or
above
30

C.
T
30
=
The
measured
intake
manifold
air
temperature
in
the
locomotive
when
operated
at
30

C
(
or
100

C,
where
intake
manifold
air
temperature
is
not
available).
T
A
=
The
measured
intake
manifold
air
temperature
in
the
locomotive
as
tested
(
or
the
8
ambient
temperature
(

C),
where
intake
manifold
air
temperature
is
not
available).
*
*
*
*
*

15.
Section
92.203
is
amended
by
revising
paragraph
(
d)(
1)(
i)
and
adding
paragraph
(
d)(
1)(
ii)(
D)
to
read
as
follows:
§
92.203
Application
for
certification.
*
*
*
*
*
(
d)
Required
content.
Each
application
must
include
the
following
information:
(
1)(
i)
A
description
of
the
basic
engine
design
including,
but
not
limited
to,
the
engine
family
specifications,
the
provisions
of
which
are
contained
in
§
92.204;
*
*
*
*
*
(
ii)*
*
*
(
D)
For
remanufactured
locomotives,
a
description
of
any
limits
on
who
may
perform
the
remanufacture,
limits
on
how
previously
used
power
assemblies
may
be
inspected
and
qualified,
or
any
other
limits
on
how
the
remanufacture
may
be
performed;
*
*
*
*
*

16.
Section
92.204
is
amended
by
revising
paragraph
(
a)
to
read
as
follows:
§
92.204
Designation
of
engine
families.
*
*
*
*
*
(
a)
Manufacturers
and
remanufacturers
shall
divide
their
locomotives
and
locomotive
engines
into
groupings
of
locomotives
and
locomotive
engines
which
are
expected
to
have
similar
emission
characteristics
throughout
their
useful
life.
Each
group
shall
be
defined
as
a
separate
engine
family.
Freshly
manufactured
locomotives
may
not
be
included
in
the
same
engine
family
as
remanufactured
locomotives.
Freshly
manufactured
engines
may
be
included
in
the
same
engine
family
as
remanufactured
locomotives,
provided
such
engines
are
used
as
replacement
engines
for
locomotive
models
included
in
the
engine
family.
*
*
*
*
*

17.
Section
92.205
is
amended
by
revising
paragraph
(
a)
to
read
as
follows:
§
92.205
Prohibited
controls,
adjustable
parameters.
(
a)
Any
system
installed
on,
or
incorporated
in,
a
new
locomotive
or
new
locomotive
engine
to
enable
such
locomotive
or
locomotive
engine
to
conform
to
standards
contained
in
this
part:
*
*
*
*
*

18.
Section
92.208
is
amended
by
revising
paragraphs
(
a)
and
(
b)
to
read
as
follows:
§
92.208
Certification.
(
a)
Paragraph
(
a)
of
this
section
applies
to
manufacturers
of
new
locomotives
and
new
locomotive
engines.
If,
after
a
review
of
the
application
for
certification,
test
reports
and
data
acquired
from
a
freshly
manufactured
locomotive
or
locomotive
engine
or
from
a
development
data
engine,
and
any
other
information
required
or
obtained
by
EPA,
the
Administrator
determines
that
the
application
is
complete
and
that
the
engine
family
meets
the
requirements
of
the
Act
and
this
part,
he/
she
will
issue
a
certificate
of
conformity
with
respect
to
such
engine
family
except
as
provided
9
by
paragraph
(
c)(
3)
of
this
section.
The
certificate
of
conformity
is
valid
for
each
engine
family
from
the
date
of
issuance
by
EPA
until
31
December
of
the
model
year
or
calendar
year
for
which
it
is
issued
and
upon
such
terms
and
conditions
as
the
Administrator
deems
necessary
or
appropriate
to
assure
that
the
production
locomotives
or
engines
covered
by
the
certificate
will
meet
the
requirements
of
the
Act
and
of
this
part.
(
b)
This
paragraph
(
b)
applies
to
remanufacturers
of
locomotives
and
locomotive
engines.
If,
after
a
review
of
the
application
for
certification,
test
reports
and
data
acquired
from
a
remanufactured
locomotive
or
locomotive
engine
or
from
a
development
data
engine,
and
any
other
information
required
or
obtained
by
EPA,
the
Administrator
determines
that
the
engine
family
meets
the
requirements
of
the
Act
and
of
this
subpart,
he/
she
will
issue
a
certificate
of
conformity
with
respect
to
such
engine
family
except
as
provided
by
paragraph
(
c)(
3)
of
this
section.
The
certificate
of
conformity
is
valid
for
each
engine
family
from
the
date
of
issuance
by
EPA
until
31
December
of
the
model
year
or
calendar
year
for
which
it
is
issued
and
upon
such
terms
and
conditions
as
the
Administrator
deems
necessary
or
appropriate
to
assure
that
the
production
locomotives
or
engines
covered
by
the
certificate
will
meet
the
requirements
of
the
Act
and
of
this
part.
*
*
*
*
*

19.
Section
92.210
is
amended
by
revising
paragraphs
(
b)(
1),
(
b)(
2),
(
d)(
2),
and
(
d)(
3)
to
read
as
follows:
§
92.210
Amending
the
application
and
certificate
of
conformity.
*
*
*
*
*
(
b)
A
manufacturer's
or
remanufacturer's
request
to
amend
the
application
or
the
existing
certificate
of
conformity
shall
include
the
following
information:
(
1)
A
full
description
of
the
change
to
be
made
in
production,
or
of
the
locomotives
or
engines
to
be
added;
(
2)
Engineering
evaluations
or
data
showing
that
the
locomotives
or
engines
as
modified
or
added
will
comply
with
all
applicable
emission
standards;
and
*
*
*
*
*
(
d)*
*
*
(
2)
If
the
Administrator
determines
that
the
change
or
new
locomotive(
s)
or
engine(
s)
meets
the
requirements
of
this
part
and
the
Act,
the
appropriate
certificate
of
conformity
shall
be
amended.
(
3)
If
the
Administrator
determines
that
the
changed
or
new
locomotive(
s)
or
engine(
s)
does
not
meet
the
requirements
of
this
part
and
the
Act,
the
certificate
of
conformity
will
not
be
amended.
The
Administrator
shall
provide
a
written
explanation
to
the
manufacturer
or
remanufacturer
of
the
decision
not
to
amend
the
certificate.
The
manufacturer
or
remanufacturer
may
request
a
hearing
on
a
denial.
*
*
*
*
*

20.
Section
92.212
is
amended
by
revising
paragraphs
(
b)(
2)(
ii),
(
b)(
2)(
v)(
A),
(
b)(
2)(
v)(
G),
(
c)(
2)(
v)(
A),
and(
c)(
2)(
v)(
D)(
2)
to
read
as
follows:
§
92.212
Labeling.
10
*
*
*
*
*
(
b)*
*
*
(
2)*
*
*
(
ii)
The
label
shall
be
attached
to
a
locomotive
chassis
part
necessary
for
normal
operation
and
not
normally
requiring
replacement
during
the
service
life
of
the
locomotive.
This
label
may
not
be
attached
to
the
engine.
*
*
*
*
*
(
v)*
*
*
(
A)
The
label
heading:
Original
Locomotive
Emission
Control
Information.
Manufacturers
and
remanufacturers
may
add
a
subheading
to
distinguish
this
label
from
the
engine
label
described
in
paragraph
(
c)
of
this
section.

*
*
*
*
*
(
G)
The
standards
and/
or
FELs
to
which
the
locomotive
was
certified.
(
c)
*
*
*
(
2)*
*
*
(
v)*
*
*
(
A)
The
label
heading:
Engine
Emission
Control
Information.
Manufacturers
and
remanufacturers
may
add
a
subheading
to
distinguish
this
label
from
the
locomotive
label
described
in
paragraph
(
b)
of
this
section.
*
*
*
*
*
(
D)
*
*
*
(
2)
This
locomotive
and
locomotive
engine
conform
to
U.
S.
EPA
regulations
applicable
to
locomotives
and
locomotive
engines
originally
manufactured
on
or
after
January
1,
2002
and
before
January
1,
2005;
or
*
*
*
*
*

21.
Section
92.215
is
amended
by
revising
paragraphs
(
a)(
2)(
i)(
A)
and
(
b)
to
read
as
follows:
§
92.215
Maintenance
of
records;
submittal
of
information;
right
of
entry.
(
a)
*
*
*
(
2)*
*
*
(
i)
*
*
*
(
A)
In
the
case
where
a
current
production
engine
is
modified
for
use
as
a
certification
engine
or
in
a
certification
locomotive,
a
description
of
the
process
by
which
the
engine
was
selected
and
of
the
modifications
made.
In
the
case
where
the
certification
locomotive
or
the
engine
for
a
certification
locomotive
is
not
derived
from
a
current
production
engine,
a
general
description
of
the
buildup
of
the
engine
(
e.
g.,
whether
experimental
heads
were
cast
and
machined
according
to
supplied
drawings).
In
the
cases
in
the
previous
two
sentences,
a
description
of
the
origin
and
selection
process
for
fuel
system
components,
ignition
system
components,
intake­
air
pressurization
and
cooling­
system
components,
cylinders,
pistons
and
piston
rings,
exhaust
smoke
control
system
components,
and
exhaust
aftertreatment
devices
as
applicable,
shall
be
included.
The
required
descriptions
shall
specify
the
steps
taken
to
assure
that
the
certification
locomotive
or
certification
locomotive
engine,
with
respect
to
its
engine,
11
drivetrain,
fuel
system,
emission­
control
system
components,
exhaust
aftertreatment
devices,
exhaust
smoke
control
system
components
or
any
other
devices
or
components
as
applicable,
that
can
reasonably
be
expected
to
influence
exhaust
emissions
will
be
representative
of
production
locomotives
or
locomotive
engines
and
that
either:
all
components
and/
or
locomotive
or
engine,
construction
processes,
component
inspection
and
selection
techniques,
and
assembly
techniques
employed
in
constructing
such
locomotives
or
engines
are
reasonably
likely
to
be
implemented
for
production
locomotives
or
engines;
or
that
they
are
as
close
as
practicable
to
planned
construction
and
assembly
process.
*
*
*
*
*
(
b)
The
manufacturer
or
remanufacturer
of
any
locomotive
or
locomotive
engine
subject
to
any
of
the
standards
prescribed
in
this
part
shall
submit
to
the
Administrator,
at
the
time
of
issuance
by
the
manufacturer
or
remanufacturer,
copies
of
all
instructions
or
explanations
regarding
the
use,
repair,
adjustment,
maintenance,
or
testing
of
such
locomotive
or
engine,
relevant
to
the
control
of
crankcase,
or
exhaust
emissions
issued
by
the
manufacturer
or
remanufacturer,
for
use
by
other
manufacturers
or
remanufacturers,
assembly
plants,
distributors,
dealers,
owners
and
operators.
Any
material
not
translated
into
the
English
language
need
not
be
submitted
unless
specifically
requested
by
the
Administrator.
*
*
*
*
*

22.
Section
92.216
is
amended
by
removed
by
removing
and
reserving
paragraph
(
a)(
2).

23.
Section
92.403
is
amended
by
revising
paragraph
(
b)
to
read
as
follows:
§
92.403
Emission
defect
information
report.
*
*
*
*
*
(
b)
Defect
information
reports
required
under
paragraph
(
a)
of
this
section
must
be
submitted
not
more
than
15
working
days
after
the
same
emission­
related
defect
is
found
to
affect
10
or
more
locomotives
or
locomotive
engines.
Information
required
by
paragraph
(
c)
of
this
section
that
is
either
not
available
within
15
working
days
or
is
significantly
revised
must
be
submitted
as
it
becomes
available.

24.
Section
92.508
is
amended
by
revising
paragraph
(
e)
to
read
as
follows:
§
92.508
Calculation
and
reporting
of
test
results.
*
*
*
*
*
(
e)
Within
45
calendar
days
of
the
end
of
each
quarter,
each
manufacturer
or
remanufacturer
must
submit
to
the
Administrator
a
report
which
includes
the
following
information:
*
*
*
*
*
25.
Section
92.511
is
amended
by
revising
paragraph
(
g)
to
read
as
follows:
§
92.511
Remanufactured
locomotives:
installation
audit
requirements.
*
*
*
*
*
(
g)
Within
45
calendar
days
of
the
end
of
each
quarter,
each
remanufacturer
must
submit
to
the
Administrator
a
report
which
includes
the
following
information:
*
*
*
*
*
12
26.
Section
92.512
is
amended
by
revising
paragraph
(
e)
to
read
as
follows:
§
92.512
Suspension
and
revocation
of
certificates
of
conformity.
*
*
*
*
*
(
e)
The
Administrator
shall
notify
the
manufacturer
or
remanufacturer
in
writing
of
any
suspension
or
revocation
of
a
certificate
of
conformity
in
whole
or
in
part;
a
suspension
or
revocation
is
effective
upon
receipt
of
such
notification
or
thirty
days
from
the
time
an
engine
family
is
deemed
to
be
in
noncompliance
under
§
§
92.508(
d),
92.510(
a),
92.510(
b)
or
92.511(
f),
whichever
is
earlier,
except
that
the
certificate
is
immediately
suspended
with
respect
to
any
failed
locomotives
or
locomotive
engines
as
provided
for
in
paragraph
(
a)
of
this
section.
*
*
*
*
*

27.
A
new
§
92.806
is
added
to
read
as
follows:
§
92.806
Importation
of
incomplete
engines.
The
provisions
of
40
CFR
1068.330
apply
for
importation
of
incomplete
engines,
or
engines
that
will
be
modified
for
applications
other
than
those
covered
by
this
part
92.

28.
Section
92.906
is
amended
by
revising
paragraph
(
a)
introductory
text
to
read
as
follows:
§
92.906
Manufacturer­
owned,
remanufacturer­
owned
exemption
and
display
exemption.
(
a)
Any
manufacturer­
owned
or
remanufacturer­
owned
locomotive
or
locomotive
engine
is
exempt
from
§
92.1103,
without
application,
if
the
manufacturer
complies
with
the
following
terms
and
conditions:
*
*
*
*
*

29.
Section
92.907
is
amended
by
revising
paragraphs
(
a)(
3)
and
(
b)(
3)
to
read
as
follows:
§
92.907
Non­
locomotive­
specific
engine
exemption.
(
a)
*
*
*
(
3)
The
number
of
such
engines
exempted
under
this
paragraph
(
a)
does
not
exceed:
(
i)
50
per
manufacturer
in
any
calendar
year,
where
EPA
determines
that
the
use
of
the
nonlocomotive
specific
engines
will
result
in
a
significantly
greater
degree
of
emission
control
over
the
lifetime
of
the
locomotive
than
using
remanufactured
engines
certified
under
this
part
92;
or
(
ii)
25
per
manufacturer
in
any
calendar
year,
where
EPA
has
not
determined
that
the
use
of
the
non­
locomotive­
specific
engines
will
result
in
a
significantly
greater
degree
of
emission
control
over
the
lifetime
of
the
locomotive
than
using
remanufactured
engines
certified
under
this
part
92;
*
*
*
*
*
(
b)
*
*
*
(
3)
The
number
of
such
locomotives
sold
or
leased
by
the
locomotive
manufacturer
within
any
three­
year
period,
and
exempted
under
this
paragraph
(
b)
does
not
exceed
30;
and
*
*
*
*
*

30.
Section
92.1106
is
amended
by
revising
paragraphs
(
a)(
1),
(
a)(
2),
(
a)(
5),
and
(
c)(
1)
and
adding
paragraph
(
a)(
6)
to
read
as
follows:
§
92.1106
Penalties.
(
a)
*
*
*
13
(
1)
A
person
who
violates
§
92.1103
(
a)(
1),
(
a)(
4),
or
(
a)(
5),
or
a
manufacturer,
remanufacturer,
dealer
or
railroad
who
violates
§
92.1103(
a)(
3)(
i)
or
(
iii)
is
subject
to
a
civil
penalty
of
not
more
than
$
32,500
for
each
violation.
(
2)
A
person
other
than
a
manufacturer,
remanufacturer,
dealer,
or
railroad
who
violates
§
92.1103(
a)(
3)(
i)
or
any
person
who
violates
§
92.1103(
a)(
3)(
ii)
is
subject
to
a
civil
penalty
of
not
more
than
$
2,750
for
each
violation.
*
*
*
*
*
(
5)
A
person
who
violates
§
92.1103(
a)(
2)
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
may
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
shall
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
shall
be
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.
*
*
*
*
*

31.
Appendix
IV
to
part
92
is
amended
by
revising
paragraph
(
d)(
1)
to
read
as
follows:
Appendix
IV
to
Part
92
­
Guidelines
for
Determining
Equivalency
Between
Emission
Measurement
Systems
*
*
*
*
*
(
d)
Minimum
number
of
tests.
The
recommended
minimum
number
of
tests
with
each
system
necessary
to
determine
equivalency
is:
(
1)
Four
10­
mode
locomotive
or
locomotive
engine
tests
(
i.
e.,
full
10­
mode
tests),
conducted
in
accordance
with
the
provisions
of
Subpart
B
of
this
part;
or
*
*
*
*
*
